Board of Commissioners Regular Meeting

Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 1 of 16 Minutes Board of Commissioners Regular Meeting 7 p.m. Oct. 14, 2024 Board Meeting Room, Town Hall Annex, 105 E. Corbin St. Present: Mayor Mark Bell and commissioners Meaghun Darab, Robb English, Kathleen Ferguson and Evelyn Lloyd Absent: Commissioner Matt Hughes Staff: Planner II Molly Boyle, Administrative Services Director Jen Della Valle, Assistant Town Manager and Community Services Director Matt Efird, Police Chief Duane Hampton, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Communications Specialist JC Leser-McMinn, Town Manager Eric Peterson and Human Resources Manager Haley Thore Opening of the meeting Mayor Mark Bell called the meeting to order at 7:02 p.m. 1. Public charge Bell did not read the public charge. 2. Audience comments not related to the printed agenda There were none. 3. Agenda changes and approval Add Item 6A-1 – Information from Commissioner Matt Hughes. Motion: Commissioner Kathleen Ferguson moved to approve the amended agenda. Commissioner Meaghun Darab seconded. Vote: 3-0. 4. Presentations A. Introduction of recently hired and promoted Sgt. Jay Henderson and public reaffirmation of his oath of office Police Chief Duane Hampton introduced Sgt. Jay Henderson to the board to reaffirm his oath of office. The mayor administered the oath. Henderson’s wife affixed his badge. B. Recognition of recently promoted Lt. Will Felts and public reaffirmation of his oath of office Hampton introduced Lt. Will Felts to the board to reaffirm his oath of office. The mayor administered the oath. Felts’ wife affixed his badge. Commissioner Robb English joined the meeting at 7:08 p.m. 5. Items for decision – consent agenda A. Minutes – Regular meeting Sept. 9, 2024  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 2 of 16 – Work session Sept. 23, 2024 – Work session closed session Sept. 23, 2024 B. Miscellaneous budget amendments and transfers C. 2025 Board of Commissioners Meeting Schedule D. Special Event Permit – 2024 Hillsborough Holiday Parade E. Special Event Permit – 2024 Hillsborough Holiday Tree Lighting Ceremony F. Resolution prohibiting viewing of pornography on town networks and devices G. Unified Development Ordinance text amendment – Section 3: Administrative Procedures, Subsection 3.13: Site Plan Review (staff initiated) H. Ordinance amending Chapter 3, Section 3-50 of the Code of Ordinances – Reservation of facilities within town parks I. Classification and pay amendment – Add construction project coordinator classification Motion: Darab moved to approve all items on the consent agenda with an amendment to the language of the motion for Item 6A in the Sept. 9 minutes, adding “and insulation” to “the market-rate units shall include similar HVAC and insulation installations.” Ferguson seconded. Vote: 4-0. Nays: None. 6. Items for decision - regular agenda A-1. Information from Commissioner Matt Hughes The item was tabled in the absence of Commissioner Matt Hughes. A-2. Unified Development Ordinance text amendment – Section 5.2.8: Dwelling, Accessory (applicant-initiated) The item was tabled to a later meeting when the applicant is present. Motion: Ferguson moved to table the item to the Oct. 28 work session. English seconded. Vote: 4-0. B. Unified Development Ordinance text amendment – Section 5.1.8: Use Table for Non-residential Districts (applicant-initiated) Planner II Molly Boyle shared that the applicant would like multi-family housing allowed in general commercial districts. She said the Planning Board voted 6-0 against the amendment, with and without staff changes. Boyle said Planning and Economic Development Division staff believe the best time to address mixed-use development will be during the upcoming Unified Development Ordinance rewrite and Future Land Use Map update. The board discussed having come to a consensus on the issue previously and, thus, not needing the applicant to be present to vote on the issue. Motion: Darab moved to deny the request to amend the ordinance. Ferguson seconded. Vote: 4-0. C. Equity update Human Resources Manager Haley Thore presented an update on equity work. She highlighted progress that the OneOrange multi-jurisdictional group has made in Orange County, updating a racial equity dashboard based on feedback and starting work toward a racialized history project.  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 3 of 16 Shifting to internal equity projects, Thore said the town’s equity lens to be used by departments is in its pilot phase. The lens was developed from an assessment tool in the Countywide Racial Equity Framework that was created using a tool of the Government Alliance on Race and Equity. Thore also shared a plan for the Central Pines Council of Government to assist the town in developing an equity plan. The plan’s timeline includes community engagement, a board vision session and planning for allocating resources. Board members expressed concerns about the potential need for additional funds for equity projects. Thore said equity projects are appropriately budgeted for now, but the Human Resources Division may need additional funds later if a project with the county arises. Motion: Ferguson moved to authorize staff to move forward with the facilitation and development of an equity plan. English seconded. Vote: 4-0. D. Hot topics for work session Oct. 28, 2024 Hot topics for the next meeting include: • Update from Commissioner Matt Hughes • Unified Development Ordinance text amendment — Section 5.2.8: Dwelling, Accessory (applicant initiated) • Government 101 presentation • U.S. 70 bike and pedestrian safety options 7. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager No update. C. Staff (written reports in agenda packet) No additional updates. Motion: Ferguson moved to enter closed session. Darab seconded. Vote: 4-0. 8. 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 (potential litigation) Motion: Ferguson moved to return to open session. Darab seconded. Vote: 4-0. 9. Adjournment The mayor adjourned the meeting at 8:23 p.m. Respectfully submitted,  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 4 of 16 Sarah Kimrey Town Clerk Staff support to the Board of Commissioners  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 TOWN OF HILLSBOROUGH Page 5 of 16 FY 2024-2025 BUDGET CHANGES REPORT DATES: 10/14/2024 TO 10/14/2024 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET GF 10-00-9990-5300-000 CONTINGENCY Contingency To cover Fleet Maintenance Software 45558 10/14/2024 EBRADFORD 450,000.00 -8,400.00 420,883.00 800 MHz Radios for EOC 45570 10/14/2024 EBRADFORD 450,000.00 -40,000.00 380,883.00 Hurricane Helene Mutual Aid Expenses 45578 10/14/2024 EBRADFORD 450,000.00 -15,000.00 365,883.00 Hurricane Helene Mutual Aid Expenses 45589 10/14/2024 EBRADFORD 450,000.00 -10,000.00 355,883.00 Disaster 10-10-4000-5300-310 GASOLINE Relief Hurricane Helene Mutual Aid Expenses 45585 10/14/2024 EBRADFORD 0.00 5,000.00 5,000.00 Disaster 10-10-4000-5300-324 SUPPLIES - DISASTER Relief Hurricane Helene Mutual Aid Expenses 45577 10/14/2024 EBRADFORD 0.00 15,000.00 15,000.00 Disaster 10-10-4000-5300-570 MISCELLANEOUS Relief Hurricane Helene Mutual Aid Expenses 45586 10/14/2024 EBRADFORD 0.00 5,000.00 5,000.00 Accou- 10-10-4400-5300-113 LICENSE FEES nting ERP expenses 45539 10/14/2024 EBRADFORD 209,750.00 -7,603.00 202,147.00 Accou- 10-10-4400-5300-458 DATA PROCESSING SERVICES nting ERP expenses 45540 10/14/2024 EBRADFORD 24,900.00 7,603.00 32,503.00 HR 10-10-4500-5300-454 CONTRACT SERVICES Move expenses to Contract Services acct 45545 10/14/2024 EBRADFORD 0.00 48,500.00 48,500.00 Move expenses to Contract Services acct 45546 10/14/2024 EBRADFORD 0.00 16,000.00 64,500.00 HR 10-10-4500-5300-570 MISCELLANEOUS Move expenses to Contract Services acct 45544 10/14/2024 EBRADFORD 72,539.00 -48,500.00 24,039.00 Move expenses to Contract Services acct 45547 10/14/2024 EBRADFORD 72,539.00 -16,000.00 8,039.00 Comms 10-10-4600-5300-113 LICENSE FEES Move website support to Data Processing Services 45551 10/14/2024 EBRADFORD 13,998.00 -3,000.00 8,070.00 Reverse budget amendment 45552 10/14/2024 EBRADFORD 13,998.00 3,000.00 11,070.00 Comms 10-10-4600-5300-454 CONTRACT SERVICES Move translation services to Contract Services 45548 10/14/2024 EBRADFORD 0.00 1,000.00 1,000.00 Comms 10-10-4600-5300-458 DATA PROCESSING SERVICES Move website support to Data Processing Services 45550 10/14/2024 EBRADFORD 0.00 3,000.00 3,000.00 Comms 10-10-4600-5300-570 MISCELLANEOUS Move translation services to Contract Services 45549 10/14/2024 EBRADFORD 6,200.00 -1,000.00 8,200.00 Move website support to Data Processing Services 45553 10/14/2024 EBRADFORD 6,200.00 -3,000.00 5,200.00 Facilities10-10-5000-5300-145 MAINTENANCE - BUILDINGS Mgmt. Flooring project at HPD moved to Facilities budget45556 10/14/2024 JFernandez 384,174.00 6,000.00 390,174.00 Safety 10-10-6600-5300-330 SUPPLIES - DEPARTMENTAL & Risk To cover OSHA supplies through FY25. 45563 10/14/2024 JFernandez 76,000.00 -50,000.00 26,000.00 Safety 10-10-6600-5300-332 SUPPLIES - OSHA & Risk To cover OSHA supplies through FY25. 45564 10/14/2024 JFernandez 0.00 50,000.00 50,000.00 Police 10-20-5100-5300-145 MAINTENANCE - BUILDINGS Flooring project at HPD moved to Facilities budget45555 10/14/2024 JFernandez 9,000.00 -6,000.00 3,000.00 Police 10-20-5100-5300-330 SUPPLIES - DEPARTMENTAL To cover extended warranty on body cameras. 45559 10/14/2024 JFernandez 57,375.00 -1,700.00 55,675.00 To cover remaining cost of body camera warranty. 45565 10/14/2024 JFernandez 57,375.00 -80.00 55,595.00 Police 10-20-5100-5300-458 DATA PROCESSING SERVICES To cover extended warranty on body cameras. 45560 10/14/2024 JFernandez 26,100.00 1,700.00 31,310.00 JFernandez 10/07/2024 12:35:59PM Page 1 of 2 fl142r03  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 TOWN OF HILLSBOROUGH Page 6 of 16 FY 2024-2025 BUDGET CHANGES REPORT DATES: 10/14/2024 TO 10/14/2024 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET To cover remaining cost of body camera warranty. 45566 10/14/2024 JFernandez 26,100.00 80.00 31,390.00 Police 10-20-5100-5300-732 EMERGENCY OPERATIONS CENTER 800 MHz Radios for EOC 45569 10/14/2024 EBRADFORD 10,000.00 40,000.00 50,000.00 Fleet 10-30-5550-5300-113 LICENSE FEES Maint. To cover Fleet Maintenance Software 45557 10/14/2024 EBRADFORD 12,850.00 8,400.00 21,250.00 Disaster 30-80-4000-5300-310 GASOLINE Relief Hurricane Helene Mutual Aid Expenses 45587 10/14/2024 EBRADFORD 0.00 5,000.00 5,000.00 Disaster 30-80-4000-5300-324 SUPPLIES - DISASTER Relief Hurricane Helene Mutual Aid Expenses 45580 10/14/2024 EBRADFORD 0.00 15,000.00 15,000.00 Disaster 30-80-4000-5300-570 MISCELLANEOUS Relief Hurricane Helene Mutual Aid Expenses 45588 10/14/2024 EBRADFORD 0.00 5,000.00 5,000.00 Billing 30-80-7240-5300-330 SUPPLIES - DEPARTMENTAL & Collect. To cover cash drawers for Billing & Collections. 45575 10/14/2024 JFernandez 0.00 114.00 114.00 Billing 30-80-7240-5300-570 MISCELLANEOUS & Collect. To cover cash drawers for Billing & Collections. 45576 10/14/2024 JFernandez 1,000.00 -114.00 886.00 Water 30-80-8140-5300-154 MAINTENANCE - GROUNDS Dist. To cover pine tree removal at utility sites. 45562 10/14/2024 JFernandez 27,000.00 5,000.00 35,000.00 Water 30-80-8140-5300-330 SUPPLIES - DEPARTMENTAL Dist. To cover pine tree removal at utility sites. 45561 10/14/2024 JFernandez 120,000.00 -5,000.00 98,500.00 To cover standby pump rental extension at Hassell. 45567 10/14/2024 JFernandez 120,000.00 -11,500.00 87,000.00 Water 30-80-8140-5300-351 RENTAL - EQUIPMENT Dist. To cover standby pump rental extension at Hassell. 45568 10/14/2024 JFernandez 2,000.00 11,500.00 22,000.00 WWTP 30-80-8220-5300-164 MAINTENANCE - INSTRUMENTATION Replacement of plant control computer. 45572 10/14/2024 JFernandez 20,760.00 1,800.00 22,560.00 WWTP 30-80-8220-5300-458 DATA PROCESSING SERVICES To cover alarm management customer care. 45574 10/14/2024 JFernandez 1,000.00 450.00 1,450.00 WWTP 30-80-8220-5300-570 MISCELLANEOUS Replacement of plant control computer. 45571 10/14/2024 JFernandez 4,520.00 -1,800.00 1,420.00 To cover alarm management customer care. 45573 10/14/2024 JFernandez 4,520.00 -450.00 970.00 W&S 30-80-9990-5300-000 CONTINGENCY Contingency Hurricane Helene Mutual Aid Expenses 45579 10/14/2024 EBRADFORD 400,000.00 -15,000.00 252,514.00 Hurricane Helene Mutual Aid Expenses 45590 10/14/2024 EBRADFORD 400,000.00 -10,000.00 242,514.00 0.00 APPROVED: 3/0 DATE: 10/14/24 VERIFIED: ___________________________________ JFernandez 10/07/2024 12:35:59PM Page 2 of 2 fl142r03  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 7 of 16 RESOLUTION #20241014-5.F RESOLUTION Prohibiting Viewing of Pornography on Town Networks and Devices WHEREAS, N.C.G.S. § 143-805, effective October 1, 2024, states that a public agency shall not permit the viewing of pornography by its employees on a network of that public agency, and no public agency shall permit an employee, elected official, or appointee of that public agency to view pornography on a device owned, leased, maintained, or otherwise controlled by that public agency; and WHEREAS, N.C.G.S. § 143-805 requires public agencies to adopt a policy governing the use of its network and devices owned, leased, maintained, or otherwise controlled by that public agency; NOW, THEREFORE, be it resolved that the following shall apply in the Town of Hillsborough: 1. No employee of the town shall view pornography on any computer network owned, leased, maintained, or otherwise controlled by the town, whether on a device controlled by the town or on a privately owned, leased, maintained, or otherwise controlled device. 2. No employee, elected official, or appointee of the town shall view pornography on a device owned, leased, maintained, or otherwise controlled by the town. 3. Any employee, elected official, or appointee of the town who has saved pornography to a device owned, leased, maintained, or otherwise controlled by the town shall remove, delete, or uninstall the pornography no later than January 1, 2025. 4. Paragraphs 1, 2, and 3 shall not apply to an official or employee if the use falls under the provisions of N.C.G.S. § 143-805(d), but this use shall follow the recommendations for appropriate viewing of pornography issued by the State Chief Information Officer for the purposes under N.C.G.S. § 143- 805(d). 5. The terms used herein shall be defined as set forth in N.C.G.S. § 143-805(g). 6. Starting annually in 2025, no later than August 1, and in the format required by the State Chief Information Officer, the town shall report information to the State Chief Information Officer on the number of incidences of unauthorized viewing or attempted viewing of pornography on the town’s network. 7. Any employee of the town who becomes aware of a violation of any provision of this policy shall report the violation to the Human Resources Division. If the violation was by an appointee of the Board of Commissioners, the town clerk shall report the violation to the Board of Commissioners unless the appointee first resigns from the position held. 8. Any employee of the town who violates any provision of this policy shall be subject to disciplinary action under Article V. Disciplinary Actions and Non-Disciplinary Suspensions of the town’s Employee Handbook (Policy Manual). 9. Any appointee of the town who violates any provision of this policy shall be subject to removal by the Board of Commissioners.  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 8 of 16 RESOLUTION #20241014-5.F Approved this 14th day of October of the year 2024. Mark Bell, Mayor Town of Hillsborough Attestation: Sarah Kimrey, Town Clerk  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 9 of 16 HILLSBOROUGH BOARD OF COMMISSIONERS Consistency Statement per Section 160D-605(a) Text Amendment Request from: Staff – Planning and Economic Development Division October 14, 2024 The Town of Hillsborough Board of Commissioners has received and reviewed the application from Town Planning and Economic Development Division staff to amend the Unified Development Ordinance as follows: Amend UDO §3.13 (Administrative Procedures – Site Plan Review) to exempt the following uses from site plan review and approval requirements: bona fide farms and agricultural uses; single-family dwellings; attached dwellings with 2-4 units; manufactured homes; new structures equal to or less than 5,000 sq. ft. in gross floor area; and the expansion of existing development under specific conditions. The Hillsborough Board of Commissioners has determined the proposed action is consistent with the Town of Hillsborough’s Comprehensive Sustainability Plan (CSP) because it supports the following goals: • Town Government & Public Services Goal 2: Adopt local laws, regulations, & policies that help to achieve sustainable & equitable outcomes. o Strategy: develop and adopt policies that help accomplish town goals  Implementation Action: regularly review and update town policies as new information is garnered and achievements are met. • Land Use and Development Goal 1: Ensure that future growth & development, including infill & redevelopment, are aligned with smart growth principles & consider infrastructure constraints such as water & wastewater system capacity. o Strategy: Ensure that land use & development regulations are aligned with preferred future land use & growth patterns.  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 10 of 16  Implementation Action: Ensure that the Unified Development Ordinance incorporates strategies to achieve a mix of housing types through zoning. • Housing & Affordability Goal 1: Develop & maintain a variety of safe, healthy, & sustainable housing options to increase housing stability for renters & homeowners. o Strategy: Adopt development regulations that contribute to meeting identifiable affordable housing needs.  Implementation Action: Increase diversity of housing stock through development regulations & decisions. o Strategy: Adopt development regulations that contribute to meeting overall housing needs.  Implementation Actions: Adopt regulations that promote a variety in housing that fills the missing middle housing; and streamline the permitting process for multiple parts of the housing development process. The foregoing consistency statement having been submitted to a vote, received the following vote and was duly adopted this 14th day of October in the year 2024. Ayes: 3 Noes: 0 Absent or excused: 2 ____________________________________________ Sarah E. Kimrey, Town Clerk  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 11 of 16 ORDINANCE #20241014-5.G ORDINANCE Amending the Town of Hillsborough Unified Development Ordinance Section 3.13, Administrative Procedures – Site Plan Review The Hillsborough Board of Commissioners ordains the following amendments: Section 1. The amendments to Unified Development Ordinance Section 3.13, Administrative Procedures – Site Plan Review, as attached hereto. 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 14th day of October in the year 2024. Ayes: 3 Noes: 0 Absent or excused: 2 Sarah E. Kimrey, Town Clerk  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 12 of 16 ORDINANCE #20241014-5.G 3.13 SITE PLAN REVIEW 3.13.1 INTENT The intent of this subsection is to address the specific conditions and standards of evaluation for site plan review and approval. 3.13.2 APPLICABILITY Site plan review and approval is required prior to issuance of a Zoning Compliance Permit for any development except the following: (a) Bona fide farms and agricultural uses, including associated principal and accessory buildings and structures. (b) Single-family dwellings, two-, three-, and four-unit attached dwellings, and manufactured homes, including their accessory uses and structures, located on an individual lot. (c) Construction of new structures not listed in (a) or (b), above consisting of no more than 5,000 square feet of gross floor area. (d) Expansion of existing development if the expansion results in: (1) an addition of no more than 15% of previously existing gross floor area, or 2,500 square feet of gross floor area, whichever is greater, or (2) an addition of no more than 15% of previously existing parking spaces, or 10 parking spaces, whichever is greater, or (3) an increase of no more than 15% in the amount of land cleared for non-agricultural development, or 10,000 square feet of new land clearing, whichever is greater. (e) Any change in use, provided the change does not involve development other than that exempted above. (f) Any sign. (g) Uses requiring a Special Use Permit, as site plan review is built into the Special Use Permit review process. 3.13.3 PROCEDURE 3.13.3.1 Authority to Apply The property owner or their authorized representative may apply for site plan approval. 3.13.3.2 Pre-application Conference Applicants should meet with the Planning Director to review the proposed plan and discuss ordinance requirements before submitting an application for site plan review. 3.13.4 APPLICATION REQUIREMENTS The Planning Director shall provide forms for site plan review. Applicants shall submit all required information found in the Administrative Manual, and any additional information needed to demonstrate  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 13 of 16 ORDINANCE #20241014-5.G compliance with this Ordinance. No application shall be accepted as complete unless accompanied by the required application fee. 3.13.5 REVIEW PROCESS 3.13.5.1 General The Planning Director shall review and, if the site plan submitted otherwise meets all standards of this Ordinance, approve the site plan. Approval or denial of the site plan shall be made within 45 working days of a site plan submittal being deemed complete. 3.13.5.2 Completeness Review Upon receipt of a Site Plan Review application, the Planning Director shall first determine whether the application is complete, including payment of the application fee. The Planning Director shall have five working days in which to determine application completeness. If the Planning Director determine the application is incomplete, they shall notify the applicant in writing of the reasons for such determination. 3.13.5.3 Technical Review Committee Upon determination that a complete application has been filed, the Planning Director shall refer the site plan to the Technical Review Committee. The Technical Review Committee shall review the plan at its next regularly scheduled meeting. Written review comments shall then be forwarded to the applicant. 3.13.6 DECISIONS ON SITE PLAN APPLICATIONS The Planning Director has the authority to approve or deny site plans. Denial of site plan approval shall be based on the grounds that the site plan fails to comply with any specific requirements of this Ordinance. Decisions shall be provided in writing via first class mail to the applicant within 5 working days of the decision. 3.13.7 APPEAL The Planning Director’s decision on an application for a Site Plan Review may be appealed to the Board of Adjustment following procedures established in Section 3.11, Appeal. 3.13.8 VESTING No statutory vested right is established by approval of a site plan. However, as part of their application, applicants may request statutory vesting of a site plan following procedures found in subsection 1.8, Vested Rights, of this Ordinance. 3.13.9 MODIFICATIONS Approval of modifications to approved site plans shall be made by applying the criteria found in paragraphs 3.8.18, Minor Changes and Modifications, and 3.8.19, Criteria Used for Determination, of this Ordinance. 3.13.10 REVOCATION The Planning Director may revoke site plan approval by following the procedure found in sub-paragraph 8.6.4.5, Revocation of Permits or Certificates, of this Ordinance. 3.13.11 EXPIRATION Site plan approval expires 12 calendar months from the date of approval unless: (a) A Zoning Compliance Permit has been issued for the project prior to the expiration date,  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 14 of 16 ORDINANCE #20241014-5.G (b) a statutory vested right was obtained under procedures found in subsection 1.8, Vested Rights, of this Ordinance prior to approval, or (c) a common law vested right is obtained from the Planning Director following provisions found in North Carolina General Statute 160D-108(h).  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 15 of 16 ORDINANCE #20241014-5.H ORDINANCE Amending Chapter 3, Section 3-50 of the Code of Ordinances – Reservation of Facilities Within Town Parks The Hillsborough Board of Commissioners ordains: Section 1. Chapter 3, Article VII, of the Hillsborough Code of Ordinances is amended as follows: Section 3-50. Reservation of facilities within town parks. (a) The town may allow the reservation of certain facilities within town parks for private use for limited periods when such use does not conflict with enjoyment of the park by the general public or other town policies. (b) A person seeking to reserve a town park facility must submit a reservation permit application a minimum of 14 days in advance of the reservation date. The reservation request must be approved by town staff in advance of the reservation date for the reservation to be effective. Fees associated with the reservation are non-refundable and are due on the date specified by town staff after the reservation request is reviewed. Cancellations made 7 days prior to the reservation date may be issued a credit toward a future reservation of the facility, to be used within one calendar year. Reservation cancellations made within 7 days of the reservation date are not eligible for credit. (c) The reservation shall be on a form provided by town staff and require sufficient information to identify the person requesting the permit, emergency contact information, the facility to be reserved, the proposed use and duration of use, and proof of liability insurance if deemed necessary by the town. (d) The public space manager or their designee is authorized to approve park facility reservation permits. (e) The reservation permit-issuing staff may issue a reservation permit when they find that the proposed activity or use of the park: (1) Will not unreasonably interfere or detract from the general public enjoyment of the park; (2) Will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; (3) Is not reasonably anticipated to incite violence, crime or disorderly conduct; (4) Will not entail unusual, extraordinary or burdensome expense or police operation by the town; (5) Has not been reserved for other use at the day and hour required in the application. (f) Not to limit the generality of paragraph (e), the following activities are prohibited and may not be permitted as part of a park reservation but can be considered and approved during the review of a special event permit:  Oct. 14, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 12, 2024 Page 16 of 16 ORDINANCE #20241014-5.H (1) Archery; (2) Sound amplifying equipment including but not limited to PA systems and stereos; (3) Temporary chalk markings associated with sports and games on playing fields. g) Events that meet a threshold specified in section 7-18 shall seek a special event permit rather than a park reservation permit. Special event fees and park reservation fees apply to all events, unless hosted by the Town of Hillsborough. The following regulations apply to all special events and park reservations in town parks excluding Town of Hillsborough hosted events: (1) Events at town parks are limited to a total number of 75 persons excluding events conducted by schools and academic institutions held during school operating hours which may be permitted through a special event permit for up to 150 persons up to 4 times per calendar year. (2) Events at town parks must comply with Section 5 of the Code of Ordinances: Noise. (3) Event sponsors and hosts are responsible for the collection and disposal of all trash and waste that is not located within a provided trash bin or receptacle. No trash may be left on site or placed outside of the provided waste receptacles. h) Town parks and greenways may not be reserved for exclusive, non-public use unless approved by the Hillsborough Board of Commissioners through a special event permit. (i) Town parks and greenways may not be reserved as the starting or ending point for walk, run, or bicycle events but may be used as a portion of the route for permitted events. 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 14th day of October in the year 2024. Ayes: 3 Noes: 0 Absent or excused: 2 Sarah E. Kimrey, Town Clerk