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HomeMy WebLinkAboutMinutes - 20041122APPROVED 1/24/2Q05 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION NOVEMBER 22, 2Q04 5:30 p.m. The Orange County Board of Commissioners met for a work session with the Economic Development Commission an Monday, November 22, 2004 at 5:30 p.m. at the Government Services Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses Carey, Jr. and Alice M. Gordon COUNTY COMMISSIONERS ABSENT: Stephen Halkiotis and Margaret Brown COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Gwen Harvey and Deputy Clerk to the Board David Hunt {All other staff members will be identified appropriately below) ECONOMIC DEVELOPMENT COMMISSION MEMBERS PRESENT: Chair Ruffin Slater, Vice Chair Susan Lombardo, and members Bob Ward, Alois Callemyn, Keith Cook, and Russ Seibert ECONOMIC DEVELOPMENT COMMISSION MEMBERS ABSENT: Anne Loeb ECONOMIC DEVELOPMENT COMMISSION STRATEGIC PLAN VOLUNTEER CO- CHAIRS PRESENT; Margaret Connell, Paul Snow, Teresa Derrick, and John DelConte ECONOMIC DEVELOPMENT COMMISSION STAFF PRESENT: Director Dianne Reid and Jason Jolley NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. Chair Jacobs called the meeting to order at 5:50 p.m. 1. Openina Remarks- BOCC Chair Barrv Jacobs and EDC Chair Ruffin Slater Chair Jacobs said that the County Commissioners try to set aside a few dinner meetings each year to meet with advisory boards. He said that it has been just over two years since the retreat where the County Commissioners first started talking about a strategic Economic Development Plan. The EDC has put in a lot of work. He thanked everyone for attending. The members introduced themselves. 2. Planning Process Overview- Dianne Reid Dianne Reid spoke about the history of economic development in Orange County since the 1990's. She said that staff looked at the existing plans and started with those. They did a summary of all of the plans, which is available an the website and is part of an Economic Development Summit that was held in January 2004. They also did an online survey, and about 50 individuals responded as to what they saw as important for economic development. The summit was attended by approximately 120 people and was held at the Friday Center. There were four issues that emerged from the summit -Business Climate, Infrastructure, Workforce Development, and Quality of Place. After the summit, four work groups formed and have continued to meet. Each work group has met at least seven times. They have estimated that volunteers have put in over 1,300 hours to put together this plan. 3. Overall Goals and Objectives- EDC Chair Ruffin Slater Ruffin Slater said that on March 8th the State of the Economy Breakfast will be held, and there is always good feedback, but it is hard to know how to react to it. That is part of the purpose of this planning process - to have some measurable goals. He said that a plan is a necessity. The plan has some strong social and environmental elements in it. The overarching goal is to have 5,000 new jobs in Orange County by 2009 and $125 million in additional property tax base. He pointed out the slide presentation and introduced the chairs of each work group. Overall Goal: Create 5,000 new private sector jobs and increase the assessed value of non-residential property by $125 million in Orange County by June 2009. Business-focused Strategies: Business Climate: Public private partnerships will have formed to create a stronger business climate and Orange County will have a clear set of guidelines, standards and procedures designed to sustain and nurture existing businesses, encourage entrepreneurship, and attract targeted employers Infrastructure: Infrastructure will be in place to support the county's economic development goals of increasing the commercial tax base and retaining and attracting targeted businesses. Worker-focused Strategies: Workforce Development: Effective systems will be in place to train and support residents and those who work in Orange County. At least 75 percent of new jobs in the county -for both new and expanding businesses -will be filled by county residents. Quality of Place: Orange County will have thriving partnerships ensuring that the county is a great place to live and work, attracting and retaining the creative community of innovators, artists and civic leaders that will drive the desired economy. 4. Business Climate Objectives and Action Steps-Margaret Connell Business Climate: Public private partnerships will have formed to create a stronger business climate and Orange County will have a clear set of guidelines, standards and procedures designed to sustain and nurture existing businesses, encourage entrepreneurship, and attract targeted employers. • Develop clear criteria defining desirable businesses for the next five years • Identify barriers • Provide outreach, recognition and/or expedited service to new and existing businesses that meet the development criteria. • Form partnerships both within and outside the county to create a stronger business climate and market the changes to existing and potential employers • Focus public education efforts on sustainability issues, looking at the social, economic and environmental contributions of local businesses Commissioner Carey asked about the loan pool and said that it is essentially dead now. He asked about an update on the problems with this. Dianne Reid said that she is working on this, and they have met with the banks that were involved, and they are all still interested in continuing. They are hoping to tie the loan pool into this plan. The banks have all said that they would be ready when the County is. Commissioner Gordon said that the idea of looking at economic development in the larger picture is good because it is good to combine the social, environmental, and business aspects in the focus groups. She said that there does not have to be a conflict between economic development and environmental quality. Commissioner Carey made reference to item `c' and the goal and one of the possibilities is to "establish economic development facilitator to work with business clients." He asked if this was a new position or a new role. Margaret Cannell said that Aaron Nelson is the co-chair of this work group and it is not a new position. John Link commended the group on being specific on page nine, items `c' and `d' regarding working with businesses. He asked how well the Department of Commerce was working with the County. Dianne Reid said that site availability has always been a challenge. This means that a lot of the projects that come through the State cannot be accommodated. She said that last week an existing business was interested in coming to Orange County. There is more cooperation lately with the Department of Commerce. She said that RTRP has always been very cooperative. Chair Jacobs made reference to page seven and the issue of incentives and conferences and sports. He asked about the football tournament. Dianne Reid said that the football tournament would be played in Chapel Hill next December. The Visitor's Bureau and the Town of Chapel Hill made significant contributions and the Chamber increased its funding as well as other organizations. Chair Jacobs said that he thinks that the County should consider dealing with businesses that are already in Orange County and how to help them grow. He said that once the water and sewer infrastructure is in place for Waterstone and Middle School #3, it would be much easier to recruit businesses than it is now. Margaret Cannell said that they discussed this in their work group. She said that they have not discussed infrastructure that much, but they have focused on development criteria. 5. Infrastructure Objectives and Action Steps -Paul Snow Infrastructure: Infrastructure will be in place to support the county's economic development goals of increasing the commercial tax base and retaining and attracting targeted businesses. • Extend water and sewer into all three Economic Development Districts (Buckhorn, Hillsborough, and Durham/Ena Districts) • Establish adequate information networks throughout the towns and county • Encourage participation and input as appropriate in area plans and projects • Provide input and encourage participation in updated county land use plan and concomitant tools • Encourage compact and higher density development in areas served by water and sewer • Encourage mixed use projects that support walkable communities • Promote public transportation, alternative modes of transportation, and encourage carpooling and park-and-ride participation Support Schools Adequate Public Facilities Ordinance Commissioner Carey asked about transfer of development rights and asked if it includes the passibility of transferring development rights across categories (i.e., residential to commercial}. Paul Snow said that so far they have only considered TDR to increase residential density. Dianne Reid said that it is an open question at this point. Geoffrey Gledhill said that it has not been done in North Carolina, but it has been done in other places in the country. Alois Callemyn asked about the status of the land use plan. Dianne Reid said that there would be an update at the EDC meeting in December. Chair Jacobs said that the goal is to get it to public hearing in the spring. Chair Jacobs made reference to item a-6, "Inventory Water Supply Resources and Agreements," and said that the County Commissioners have talked about revisiting the Capacity Use Agreement for the Upper Ena, which has effects on development in Hillsborough. Now that Hillsborough has a new reservoir, the model can be changed because the capacity has changed. 6. Workforce Development Objectives and Action Steps-Teresa Derrick Workforce Development: Effective systems will be in place to train and support residents and those who work in Orange County. At least 75 percent of new jobs in the county -for both new and expanding businesses -will be filled by county residents. • Farm partnerships with Durham Tech, UNC-Chapel Hill, the Chapel Hill/Carrboro Schools, Orange County Schools, and others to provide adequate training and education to enable county workers to obtain high quality jobs • Incoordination with the Business Climate working group, help communicate the types of jobs the county wants and expects to create so that workers can develop realistic career expectations and obtain appropriate training • Promote access to living wage jobs that offer benefits and career advancement potential • Ensure county workers and those preparing for the workforce access to transportation, child care, elder care, and affordable housing • Develop and nurture partnerships that support workers and their families at all stages of their lives and provide opportunities for lifelong learning and retraining in response to changing economic conditions Commissioner Gordon said that it is a good idea to try and have a target of 75% of new jobs to be filled by County residents. To do this, there should be emphasis an training, education, and public transportation. Durham Technical Community College should be a big help. Chair Jacobs asked if there was mention of mixed-use development as a preference. Dianne Reid said that it is included in "infrastructure." Chair Jacobs asked if someone would be reporting which businesses do not pay a living wage, such as Wal-Mart. Teresa Derrick said that the general idea is, in considering which businesses to recruit, understanding where the threshold is and the net benefit to the community. Dianne Reid said that the economics of childcare make it very difficult to pay a living wage. Chair Jacobs said that it would be a great idea when businesses come in to do an economic analysis somewhere outside of the political process to show the incomes, and the health care and child care costs that are not covered because the company does not pay a living wage. Keith Cook said that the schools need to make sure they prepare students for jobs that are coming to the County. Jahn Link said that there should be a focus on items 'c' and `d' on pages 13 and 14, which he would call the infrastructure of goad employment. He said that a temporary employee in the County starts out at $10 per hour. In order for them to be able to afford hospital insurance, they would need to make $13 per hour. That does not even include childcare or other things. Dianne Reid said that an Veterans Day, the Chamber took teachers on a tour of businesses in Hillsborough, and she spoke at the lunch. This is the kind of thing they are talking about institutionalizing. 7. Quality of Place Objectives and Action Steps -John DelConte Quality of Place: Orange County will have thriving partnerships ensuring that the county is a great place to live and work, attracting and retaining the creative community of innovators, artists and civic leaders that will drive the desired economy. • Enhance urban character by connecting and supporting existing plans for increasing the commercial tax base and far revitalizing the downtown areas of Carrbara, Chapel Hill and Hillsborough • Enhance rural character by supporting local agriculture markets and supporting complementary conservation and management tools • Enhance historic character by supporting organizations' efforts to preserve and promote historic structures • Provide lifelong learning opportunities, from early childhood through senior citizens • VIlelcome and promote greater inclusiveness and diversity • Promote "hipness" by focusing an the uniqueness of each municipality and the county as a whole John DelConte said that a lot of times when people have something, they might not realize what they have. He said that there is something good when the business community borrows from structures and organic character issues in the community. $. Questions/Comments and General Discussion Chair Jacobs asked if the County could articulate, if Orange County was a product, what it is that the County can offer. He asked for a synthesis out of this. Russ Seibert said that this report is the start of a synthesis. Keith Cook suggested an inviting brochure of what the County stands for. Dianne Reid said that in the Quality of Place work group, there was a discussion of having an Internet portal with the events of what the County has to offer. Articulating this would be an important piece. Chair Jacobs said that Orange County is different and can be marketed. The more it can be articulated, the better the sales pitch will be. Alois Callemyn cautioned to be careful what we ask for. He would rather have fewer jobs that fit the plan than a lot of jobs that da not fit the plan. He thinks the County needs to refine the businesses that it would like to have. Commissioner Gordon agreed that it would be much better to increase the number of quality jobs with minimum effect on the environment and goad pay rather than just increase the quantity. She thinks that Orange County has good quality of life. Quantity is not the way to compete. She commended the EDC far capturing the essence of Orange County. Commissioner Carey asked haw the EDC planned to market this plan so that more people know about what it includes. Also, the responsible party for carrying out the message should be identified. Dianne Reid said that there is additional work for each subcommittee, but they wanted the County Commissioners to hear the progress before going forward. Ruffin Slater said that this is a draft and they will incorporate the feedback from the County Commissioners and other groups (Chambers of Commerce, other jurisdictions, etc.}. The County Commissioners will sign off on whether this plan is going in the right direction. Keith Coak said that they were looking at the larger picture of where the region was headed with regard to the number of jobs. They did not just pick 5,000 as an arbitrary number. Dianne Reid reminded everyone that this is a five-year goal. Chair Jacobs said that it would be good to set some benchmarks for when there is water and sewer in the economic development districts. Commissioner Gordon made reference to the 5,000 new jobs and said that it is important to remember that commercial or economic development can pay for itself, but only if it does not bring a lot of new people. She said that she does not want to encourage population growth. Ruffin Slater asked if this is a plan the County Commissioners feel should be promoted. Commissioner Gordon suggested going out to get more feedback, making the adjustments, and then bringing it back to the Commissioners. Chair Jacobs agreed with Commissioner Gordon. He is open to some refinement of what can be done for existing businesses in Orange County that want to expand. This is a simple way to create jobs. He asked about the role of the Economic Development Director and the Economic Development Commission in economic development in the future. Sometimes the towns make noise about what this is doing for them and how the County should be recruiting retail, etc. He would be interested in discussing this. Commissioner Carey said that the Chapel Hill Chamber is looking at focusing on the needs of minority and female businesses. He does not know about the Hillsborough Chamber. He would be interested in same recommendations about this. There is also a growing Latina community in this County. Commissioner Gordon agreed with the focus on minority and female businesses. Gwen Harvey made reference to a conference she attended and said that one of the big questions was what makes an area a destination point. She wonders if there is a way to build off of the student and employee population while they are with us for the things that they desire such as eateries, shops, and boutiques. Also, there are niche industries that appeal to the residential population (florists, other boutiques, dry cleaners, bookstores, music stores, etc.). These would make a big difference in capturing the income. With no further items to discuss, the meeting ended at 7:10 p.m. Barry Jacobs, Chair David Hunt Deputy Clerk to the Board APPROVED 1/24/2005 ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING NOVEMBER 22, 2004 7:30 p.m. The Orange County Board of Commissioners met for a public hearing on Monday, November 22, 2004 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, Alice M. Gordon, and Moses Carey COUNTY COMMISSIONERS ABSENT: Margaret Brown, Stephen Halkiotis COUNTY ATTORNEY PRESENT: Geoff Gledhill, S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE A. OPENING REMARKS FROM THE CHAIR B. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. C. PUBLIC HEARING ITEMS 1. Orange County Noise Ordinance Amendments to address: a. Maximum frequency and intensity standards of noise emanating from properties and other general activities: b. Specific protocol used to measure ambient community noise levels and specific event and noise episodes; c. Enforcement; d. Time of day restrictions on decibel levels; and e. Special provisions far community events. Planning Director Craig Benedict addressed this item. He said that the County noise ordinance has been around far 20 years. There have been some complaints recently in the community about noise, and trying to enforce the existing ordinance related to these new noises and interpretations has been difficult. There are six different aspects to address - a definition section in the ordinance, clarifying noise standards and haw noise is measured, what activities are exempt from the noise ordinance, the hours of operation for noises at certain levels, a list of nuisances that were not in the existing ordinance, and a list of the penalties or enforcement options. He clarified that the noise ordinance is a general County ordinance and not a zoning ar subdivision ordinance, and is enforced by the Sheriff's Department. He made reference to page 11 of the agenda package, which is incorporated by reference, and explained each article. He said that one way to modify the ordinance would be to shorten the period for the higher allowed decibel rating -from 8:00 a.m. to 7:00 p.m. at the 60 rating and from 7:00 p.m. to 8:00 at the 50 rating. The decibel ratings could also be lowered a little. He continued explaining the articles. He said that the zoning ordinance does have a performance standard noise arrangement, and that is when different businesses are permitted by special use permits and are supposed to act within certain noise and vibration standards and other standards. It would be good to have the overall countywide ordinance match as closely to the performance standards in the zoning ordinance as possible. Chair Jacobs clarified that the impetus of this public hearing had nothing to do with the Town of Chapel Hill's discussion of leaf blowers. This has been an ongoing concern of citizens. Commissioner Carey asked where the noise would be measured on the receiving property and Craig Benedict said that it would be on the property line at a height of four feet, and about ten feet away from any walls, barriers, or obstruction. Commissioner Gordon asked Geof Gledhill how this would work with regard to the modifications. Geof Gledhill said that the first thing that is different about this ordinance is that it is not an ordinance under North Carolina law that requires a public hearing. The County Commissioners have free reign to work through the options. Commissioner Gordon made reference to the definitions and said that the first one is a little hard to follow. She suggested taking the best of both definitions. Chair Jacobs said that the first definition is like Durham's definition (page 4}. He wonders if a normal person would know what a decibel level is. He said that Alamance and Durham Counties use a more generic definition. He wonders what kind of enforcement history these counties have in using that kind of a definition. He also does not know how the person making the noise is going to know the decibel rating of the noise that they are making. He thinks it might be more reasonable to have a generic definition that a reasonable person can react to and not increase the penalties, so that there is some flexibility. Chair Jacobs said that maybe the Sheriff could address this about an alarm sounding for a certain length of time. Sheriff Pendergrass said that sometimes alarms go on for about an hour until the owner of the residence can come to the residence. Chair Jacobs asked Sheriff Pendergrass to comment on the ordinance. Sheriff Pendergrass said that they are not having many problems with music noise or parties, and when they do, they just ask the person to stop and they comply. In some areas there are noises from vehicles and they do not have anything to work with regarding this. He thinks the changes suggested will give them something to work with. John Link made reference to page 11 and said that the "alternative" language sounds better in terms of defining noise than the "suggested revision." On page 12, the "suggested revision" seems better than the "alternative." Also, the "alternative" and the "suggested revision" are reversed on pages 11 and 15 with regard to the decibel levels. He asked that there be a consistent line of thinking. Craig Benedict said that the "alternative" is the abridged version - it is shorter and the noise levels are stricter. He thinks that they might take the best of both alternatives to come up with the simplest method. Regarding page 15, the zoning ordinance allows some higher decibel levels, so he thinks the zoning should be separated out from the rest of the countywide noise ordinance so there is no confusion. Geof Gledhill said that the more stringent level is the permitting one and would prevail, so there would be consistency. Commissioner Gordon read some suggested language for the "suggested revisions" on page 11, Article 1: "Any unreasonable loud and disturbing sound or sound which is substantially incompatible with the time and location where created, which is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of the area." She then read her suggested language far "alternative" as follows: "Any unreasonable laud and disturbing noise of such character, intensity, and duration as to be detrimental to the health, safety, ar welfare of any individual." PUBLIC COMMENT: James Singleton said that the definition of reasonable, detrimental, and irritation is all in the ear of the beholder. He lives on US 70 near the golf course and he finds it soothing to hear the leaves being cleared on the golf course. Some people may not find it that way. He said that he has a weird hobby in that he is a former stuntman and he sometimes practices his fast draw. He has a legally designed un-muffled Colt 45 that fires 245 grains of black powder. If he practices his hobby in his backyard it will definitely irritate his neighbors. He made reference to the trucks and said that the Town of Hillsborough banned them on Churton Street. He has been trying to get them banned on Lawrence Road for five years. He lives on the corner of Lawrence Road and US 70. He said that trucks come up the hill from Old NC 10 and have to gear down to make the stop sign and slam on brakes. He said that it is hard to get sleep when his bedroom is 50 feet from the road where these trucks are coming. Sometimes the trucks come down the road at 4:00 a.m. He has had personal meetings with State officials. State Highway Commissioner Sanderson spent two and a half hours discussing this with him in his office one day. Mr. Sanderson promised to get back with him, but he has not heard anything and it has been three years. He has talked to everyone at the County level that might be interested in helping and so far he has gotten no help. He sent a letter to Commissioner Carey in October 2000 and afour-page letter to Secretary Sanderson and he is still waiting for a response to this letter. The only elected official that has done anything at all to help him was Representative Verla Insko, who requested a traffic study to verify that the complaints were accurate. This study was performed over a 16-hour period April 9-10, 2001 and showed that 15 heavy trucks per hour were coming up Lawrence Road. Part of the study included Palm Sunday, during which six dump trucks made a total of 276 trips down Lawrence Road in an obvious disturbance of Sunday services at the two churches on the road. Based on this information, he requested the Sheriff's Department to do a noise ordinance test in 2001. He was contacted by the deputy he spoke with who said that the equipment was dawn and he would get back to him. Three years later he has not heard anything. He requested from the County Commissioners in 2001 that the noise ordinance be modified to remove the exemption of mufflers that are factory installed. This is the only reason that the noise ordinance cannot be enforced for these trucks. He wrote to John Link in November 2001 requesting the removal of this exemption, and he is still waiting for this action. He requested one more test from the County Deputy Sheriff this week and he made a personal promise to get a measurement. This is a great first step. He is asking for some real response from the County, specifically on Article 4, item 6 of this ordinance and remove the exemption as stated above. Kimberly Schott expressed her support for an enforceable noise ordinance. For the past two years, there has been a go-cart racing track operating in her residentially zoned neighborhood in northern Orange County. Her family has been subjected to this noise often for hours at a time from 1:30 p.m. to 10:30 p.m. These are commercial grade go-carts. She said that her family has had to deal with the ramifications of asking their neighbor to moderate the go-cart races. She called the neighbor and received vandalism to her home and threats because her County officials did not have the tools to stop this disruptive activity. She said that because there is na enforceable law in place, people are forced to handle situations on their own and they can end up in a confrontation. She purchased ahand-held noise meter and measured the go-cart racing at 77 decibels. A lawnmower measured at 68 decibels from 50 feet away. This 77 decibels is occurring from across the street. She knows that other counties have extensive noise ordinances. She is asking that the County Commissioners help create a better quality of life far those that live outside of the protection of subdivision covenants or city ordinances and create an enforceable, practical noise ordinance that can protect citizens. Gene Poveromo asked about the process and when this would be considered again by the County Commissioners. Chair Jacobs said that this is a public hearing, but the County Commissioners may direct staff to do further revisions and bring it back at another meeting yet to be determined. Gene Poveromo asked if this noise ordinance was complaint driven. He made reference to page 11 under Article 2 and asked why the decibel ratings go up from 50 to 55. On page 12, under violations and penalties, he thinks it may be appropriate to give people warnings before they are fined. He asked for the County Commissioners to consider reviewing and reevaluating this in 12 months once it has been in practice. He said that he once had a problem in his neighborhood, but it has since decreased. He thinks this revision will help. Steve Chambers said that he lives on White Cross Road and he races motorcycles professionally. He said that Mr. Paveramo is his neighbor and the reason the noise has decreased is that he has been building a house. He would like to continue to race motorcycles. He said that in 1978 they moved to their property. People around him have started clear-cutting and now people nearby can hear mare of the noise. He said that a lot of people move to the country because it is a place where you can make noise. He is trying to make this a profession and he and his family like to do this at their home. He said that he was not trying to hurt other people. They run stop mufflers on their motorcycles, but he does not knave if this makes a difference. He said that if the noise is being measured at the neighbor's house and it is too loud by law, then that is fine with him. But he does not want it to be measured from his property because it might not be that laud at his neighbor's house. He does not want to lose what he is trying to do. He said that they put in an irrigation system on his track so they would not have any dust. Don Wollum said that he lives northeast of town and he generally supports the noise ordinance. He hopes that this ordinance will address trucks in the morning in a residential area in the County, specifically refuse trucks. The residential trash pickup starts at 6:00 a.m. He contacted the refuse company and they informed him that there was no provision for an appropriate startup time for residential trash pickup in the County. He hopes that this ordinance will provide some specificity as to the time that noise can be made. Commissioner Carey asked if the noise ordinance was complaint driven and Craig Benedict said yes. Commissioner Carey said that the County Commissioners do not have the authority to ban trucks. Geof Gledhill said that these are DOT roads and it is difficult for counties to regulate in an area where the state has preempted counties from regulating. John Link asked if this included information on the muffler and Geof Gledhill said that there are muffling requirements in state law. He will see if there is any room for the County to regulate in this area. Chair Jacobs said that they heard two sides of muffler issue -the motorcycle is operating with an approved muffler and the trucks are not. Geof Gledhill said that there is a difference in regulating sound an private property versus state roads. He thinks that sound an private property can be regulated. Discussion ensued on whether to close the public hearing. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS Chair Jacobs said that he would like feedback from Durham and Alamance Counties from their Sheriff's offices. Geof Gledhill made reference to "reasonable person" and said that it may be a good idea to use a reasonable person's standard, but also have some minimum thresholds that are beyond reason. John Link said that staff commented on how to quantify good neighborliness. He said that there is a question of what is reasonable; such as he may use a weed eater or leaf blower four times a year, but not every day for four hours. One measure for him would be whether the noise is generated for utilitarian measures or for recreation. The staff did not come up with any great ideas for how to quantify this reasonable threshold. D. NON-PUBLIC HEARING 1. CMAQ (Congestion Mitigation & Air Qualityl Report Presentation of a report on Congestion and Air Quality (CMAQ) funding available for transportation projects and programs that reduce transportation-related emissions in non- attainment and maintenance areas. Craig Benedict said that Orange County could apply for CMAQ funding for non-attainment areas within the Triangle. The funding comes from two sources - DurhamlChapel HilllOrange County Metropolitan Planning Organization and Rural Planning Organization. In the MPO, there is $7,503,584 of funding for aseven-year period. In the RPO, the County would be a partner with the rural sections of Chatham, rural Orange, Lee, and Moore Counties and there is $481,269 available. Eligible Projects: Improved Transit {new or expanded) - Operating casts of new service for three years - Costs of transit facilities - Cost of vehicles for new service Travel Demand Management {TDM) - Market research - Traffic calming measures - Carpool and vanpool programs - Operation for up to three years - Public education Park and Ride Lots - Multiple-occupancy vehicle programs - Transit service Bicycle and Pedestrian Facilities and Programs - Construction of bike lanes and sidewalks - Safe bicycle storage facilities/bike racks Alternative Fuels - Purchase of alternative fuel vehicles - Public on-site alternative fueling facilities Congestion Mitigation and Air Quality Program Proposed Projects: 1. Hillsborough In-Town Transit Route *I-40 park and ride lot and transit station (shelter} near Durham Tech in Waterstone A. 30-minute headway 7:00 a.m. - 9:00 p.m. Waterstone -Justice Facility -Fairview $110,000/year operating costs B. 60-minute headway 7:00 a.m. - 9:00 p.m. Loop to connect residential, commercial, and employment Areas - $118,OOOlyear operating costs C. 30-minute headway 8:00 a.m. - 6:00 p.m. 60-minute headway 7:00 a.m. - 8:00 a.m. 60-minute headway 6:00 p.m. - 9:00 p.m. Loop to connect residential, commercial, and employment areas $198,000/year operating costs 2. Alternative Fuel Vehicles *Orange County Vehicle Replacement Schedule 2002 Alternative fuels/low emissions vehicles work group report recommendations *Pays difference between costs of gasoline or diesel replacement vehicle and alternative fuel vehicle Craig Benedict said that no decision is needed tonight. This can be revised and brought back to the Board in December. Commissioner Gordon asked some clarifying questions about the routes, which were answered by Karen Lincoln. Commissioner Gordon asked about the $481,269 and if the entire amount could be spent in Orange County and Karen Lincoln said that some could be spent in four townships in Chatham County and the rest could be spent in Orange County. Commissioner Gordon said that there should be a strategy so that both the MPO and the RPO do not have to give money far it to succeed. She asked if there was anyone to advise on haw to da this. Karen Lincoln said that she has consulted with NCDOT and DENR and she was assured that they could draw from both funds. Commissioner Gordon said that there would be some competition from Chapel Hill in funding their transportation center because they still do not have enough money. Commissioner Gordon asked if there would be a strategy for competing funds or if there would be one comprehensive plan. Karen Lincoln said that Hillsborough would support Orange County in this plan, but because they do not have a transit system, they cannot apply for the new service. Another reason that they asked for RPO funds is because OPT is a rural public transportation system and the projects that are chosen become TIP projects. Craig Benedict said that in mast cases the comprehensive method is the best, but because of the timeline, it will be separate. Commissioner Gordon asked how much the County would ask for and Karen Lincoln said that they are still compiling the information. Commissioner Gordon suggested looking back at the STPDA funds and where they have gone. Pat Strong with the RPO thanked Karen Lincoln and Craig Benedict for keeping him informed of the developments. He said that in Chatham County, the Assistant County Manager is handling the effort and he stays in touch with her several times a week. It does not look like there will be a possibility of any coordination. Chatham County's staff is looking at a park and ride lot and hybrid vehicles. He pointed out the third page of the presentation and the last item on the alternative fueled vehicles and said that he spoke with someone from DOT and was informed that only the fuel costs would be covered and not the capital costs. He thinks that the rules of the division of money will probably evolve as this process continues. The DOT will form a CMAQ Review Committee, which will be charged with responsibilities from mid-March to the end of May to review each application submitted and to make decisions on the funds. At this time, Chatham and Orange Counties, the rural portions, will be in competition. Chair Jacobs asked about the park and ride lot and where it is envisioned to be. Craig Benedict said that it could be on the DTCC campus. Part of the special use permit with Hillsborough is to identify a transit hub, and the potential could be DTCC or adjacent properties with aone-acre park. Part of the grant proposal would be to put in sidewalks along the campus to connect with other walking paths that are part of the mixed-use development. Discussion ensued on the location of the park and ride lot. Chair Jacobs asked about the timeline. Karen Lincoln said that the MPO has asked for an application by December 1 ~ because of the subcommittees that would be looking at it before presentation to the committee. They at least need to know what everyone is asking far. Commissioner Gordon asked what the MPO would need to have and Karen Lincoln said that they would like to have the application with a description of the project and a calculation of how the emissions would be reduced. Chair Jacobs said to go ahead and make a proposal to the MPO, but from the RPO perspective, he would like to have more information on December 14t"about the park and ride lot and if it is feasible at Waterstone. If it is not feasible, then alternative uses need to be identified for the money in the RPO. Commissioner Gordon asked if only governmental entities could apply for this grant or if TTA, UNC, or Duke could be a part of this. She asked for this information at a later time. ADJOURNMENT A motion was made by Commissioner Gardon, seconded by Commissioner Carey to adjourn the meeting at 9:15 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker Clerk to the Board