HomeMy WebLinkAboutAgenda - 04-05-2016 - 6-a - Minutes ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 5, 2016
Action Agenda
Item No. 6-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
March 1, 2016 BOCC Regular Meeting
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
1 Attachment 1
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 March 1, 2016
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, March 1,
10 2016 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs,
13 Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
18 appropriately below)
19
20 Chair McKee called the meeting to order at 7:05 p.m.
21
22 1. Additions or Changes to the Agenda
23
24 PUBLIC CHARGE
25
26 Chair McKee dispensed with the reading of the public charge
27
28 2. Public Comments
29
30 a. Matters not on the Printed Agenda
31 NONE
32
33 b. Matters on the Printed Agenda
34 (These matters will be considered when the Board addresses that item on the agenda
35 below.)
36
37 3. Petitions by Board Members
38 Commissioner Price petitioned staff to work with the Sheriff's office for salary increases
39 for the deputies and other employees of the Sheriff's office.
40 Commissioner Burroughs had no petitions.
41 Commissioner Dorosin had no petitions.
42 Commissioner Jacobs petitioned the Board to support a resolution in support of the
43 Charlotte City Council's fight for non-discrimination and to direct staff to look at bathrooms in
44 County facilities that are unisex and have a changing table.
45 Commissioner Dorosin suggested an addition to the above petition. He asked
46 Commissioner Jacobs if he would consider asking the County attorney to investigate supporting
47 the anti-discrimination ordinance.
48 Commissioner Jacobs said he is open, within reason, to any ideas that promote
49 governments standing together.
2
1 Commissioner Pelissier said she has tried to review the minutes of several advisory
2 boards and found that many boards had no minutes posted on their website. She asked if the
3 Manager could encourage minutes to be posted in a timely way.
4 Commissioner Pelissier said the County does not have a process for re-naming
5 facilities, which includes the public. She asked if the Manager could bring forth such a process.
6 Commissioner Rich referred to Commissioner Jacobs' petition and said she had started
7 discussions with the Attorney. She said she supported this petition and suggested including
8 any other cities that may join Charlotte.
9 Commissioner Rich asked, when people sign up to speak at meetings, if there a way to
10 get email addresses, as well as add a follow up box that residents can check, if follow up on a
11 subject is desired.
12 Commissioner Rich referred to the subscription listings and said the Board of County
13 Commissioners (BOCC) agenda is not listed.
14 Deputy Clerk David Hunt said this information is included in the sunshine list.
15 Commissioner Rich said this is unclear and asked for further discussion to make
16 information more visible.
17 Commissioner Dorosin said there is a place for email on the sign up sheets but added it
18 is important that the public know that personal information is not at all required and one does
19 not have to be an Orange County resident to speak.
20 Commissioner Rich said she agreed and was trying to open up doors for
21 communication.
22 Commissioner Dorosin said it must be clear that no personal information is required.
23 Chair McKee had no petitions.
24
25 4. Proclamations/ Resolutions/ Special Presentations
26 NONE
27
28 5. Public Hearings
29 NONE
30
31 6. Consent Agenda
32
33 • Removal of Any Items from Consent Agenda
34 6-f by Commissioner Price.
35
36 • Approval of Remaining Consent Agenda
37
38 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to
39 approve the remaining items on the consent agenda.
40
41 VOTE: UNANIMOUS
42
43 • Discussion and Approval of the Items Removed from the Consent Agenda
44 Commissioner Price referred to item 6-f and said she is concerned that students going
45 into the charter schools, or vice versa, are not being tracked. She said it is difficult to consider
46 new construction or re-districting when these students are not being tracked.
47 Bonnie Hammersley said charter schools' numbers will be received from the Department
48 of Public Instruction (DPI) in mid to late March. She said last year's budget showed that the
49 local match for charter students would be covered.
3
1 Commissioner Price asked if the numbers are not tracked and analyzed how is planning
2 accomplished.
3 Bonnie Hammersley said staff would get more information on this.
4 Commissioner Price said if children continue to go to Charter Schools the Capital
5 Investment Plan (CIP) could be affected.
6
7 A motion was made by Commissioner Price, seconded by Commissioner Dorosin to
8 approve receiving the 2016 Annual Report of the SAPFO Technical Advisory Committee
9 (SAPFOTAC) and authorize the Chair to sign the transmittal letter to the SAPFO partners for
10 comments before certification in May.
11
12 VOTE: UNANIMOUS
13
14 a. Minutes
15 The Board approved the minutes for the February 2, 2016 BOCC Regular Meeting and the
16 February 9, 2016 BOCC Work Session as submitted by the Clerk to the Board.
17 b. Motor Vehicle Property Tax Releases/Refunds
18 The Board adopted the resolution, which is incorporated by reference, to release motor vehicle
19 property tax values for four (4) taxpayers with a total of four (4) bills that will result in a reduction
20 of revenue.
21 c. Property Tax Releases/Refunds
22 The Board adopted the resolution, which is incorporated by reference, to release property tax
23 values for four (4) taxpayers with a total of four (4) bills that will result in a reduction of revenue.
24 d. Applications for Property Tax Exemption/Exclusion
25 The Board approved the resolution, which is incorporated by reference, for two (2) untimely
26 applications for exemption/exclusion from ad valorem taxation for two (2) bills for the 2015 tax
27 year. The reduction will result in a reduction of FY 2015/16 taxes due to the County,
28 municipalities, and special districts in the amount of $1,251.88.
29 e. Sole Source Bid Award: Software Purchase for Emergency Medical Services
30 The Board: 1) awarded the sole source bid to Bradshaw Consulting Services in the amount of
31 $113,100 for the purchase and installation of the "Mobile Area Routing and Vehicle Location
32 Information System (MARVLIS)" software that will be located at Orange County Emergency
33 Services at 510 Meadowlands Drive in Hillsborough; and 2) authorized the Manager to sign the
34 vendor contract upon final review and approval of the County Attorney.
35 f. Schools Adequate Public Facilities Ordinance (SAPFO) — Receipt and Transmittal of
36 2016 Annual Technical Advisory Committee Report
37 The Board received the 2016 Annual Report of the SAPFO Technical Advisory Committee
38 (SAPFOTAC) and authorized the Chair to sign the transmittal letter to the SAPFO partners for
39 comments before certification in May.
40
41 7. Regular Agenda
42
43 a. Bicycle Safety Task Force
44 The Board considered: 1. Approving the Resolution authorizing the creation of a Bicycle
45 Safety Task Force and Future Appointment of Members to Serve on the Task Force; and 2.
46 Request the OUTBoard to return to the BOCC in May with a recommended list of individuals to
47 be appointed to the Task Force.
48 Abigaile Pittman, Orange County Planner, reviewed the following information:
49
50 BACKGROUND:
4
1 On January 11, 2016 the County Manager met with staff, the OUTBoard Chair, and the Sheriff.
2 It was agreed that the best way to implement recommendations of the Bicycle Safety Report
3 would be through a Task Force with a defined charge and set term. It was also agreed that the
4 general focus of the Bicycle Safety Task Force should be on education and communication.
5 The Manager requested that the OUTBoard develop recommendations for the membership
6 composition, charge and initial term of a Bicycle Safety Task Force. Staff was instructed to
7 bring the OUTBoard's recommendations back to the BOCC at its March 1, 2016 meeting.
8
9 The BOCC previously considered supporting efforts to increase safety awareness between
10 motorists and bicyclists, roadway safety improvements for bicyclists, and implementation of
11 next steps at its November 5, 2015 meeting.
12
13 At its February 17, 2016 meeting the OUTBoard made recommendations regarding the Bicycle
14 Task Force membership, charge and term and forwarded it on to the BOCC for review. The
15 recommendations are included in the Bicycle Safety Task Force Resolution.
16
17 The OUTBoard also recommends that, at the conclusion of the term of the Bicycle Safety Task
18 Force and completion of its report to the BOCC, that a subcommittee be formed to oversee the
19 ongoing implementation of the Task Force report. This is a matter that will be brought before
20 the BOCC for consideration at that future time.
21
22 Commissioner Jacobs referred to charge number 2 of the proposed resolution in
23 attachment 2, which states: "Develop an implementation timetable with estimated funding
24 request information within the first 5 meetings, and present it to the OUTBoard for review and
25 recommendation, and review and approval by the BOCC." He asked if it is known what funding
26 will be needed by this task force in its first five meetings.
27 Abigaile Pittman said the funding referred to was for public education, PSAs, etc.
28 Commissioner Jacobs asked if that would be part of the communications budget for the
29 Public Affairs office.
30 Bonnie Hammersley said once the group is created it would determine costs and then
31 look at options for funding.
32 Commissioner Pelissier referred to the recruitment of task force members and asked if
33 agencies would appoint someone as a representative. She asked if Orange County residents
34 would be recruited by advertisement.
35 Abigaile Pittman said yes.
36 Commissioner Pelissier asked if there is a determined process for identifying different
37 stakeholders.
38 Abigaile Pittman said all names will be brought to the BOCC, with OUTBoard
39 recommendations noted, for final choosing and appointment.
40 Abigaile Pittman said various organizations will be invited to apply.
41 Commissioner Price referred to section A.2.f of the proposed resolution and said there
42 are two Chambers of Commerce. She suggested changing the wording to "2" from chambers,
43 and keep residents at 5.
44 Commissioner Dorosin said he read A.2.f as an "or" option, and suggested leaving it as
45 "County business" which could mean with the Chamber or not.
46 Commissioner Price said it may be beneficial to have representatives from both of the
47 Chambers.
48 Commissioner Rich said she would not want to reduce the number of Orange County
49 residents, preferring to keep it at six.
5
1 Commissioner Pelissier clarified that she thought this task force was for the rural areas
2 and not for the towns. She asked if this assumption is correct, and, if so, the focus should be
3 on businesses associated with the Hillsborough Chamber.
4 Bonnie Hammersley said the focus has been on rural areas but the bicycle safety
5 campaign would be countywide, so diversity could be valuable.
6 Commissioner Price said she was only decreasing the number of residents to keep at
7 15 members and that both chambers should be included.
8 Chair McKee asked if the two chambers were represented, would the total still be 15.
9 Abigaile Pittman said correct.
10 Chair McKee agreed with Commissioner Rich to have six residents on the membership.
11 Chair McKee asked if there is an application form to be created and a process to insure
12 diversity.
13 Abigaile Pittman said this will all be discussed in detail.
14 Chair McKee said the State is toying with some legislation and asked if it will interact
15 with this task force.
16 John Roberts said he has not been following this and is not knowledgeable.
17 Chair McKee said he does not want the County to do anything that is contradictory to
18 the State.
19 John Roberts said he would gather more information.
20 Commissioner Price said there was a breakfast meeting attended by the North Carolina
21 Secretary of Transportation, where he admitted to taking a bicycle ride, which he greatly
22 enjoyed.
23 Commissioner Jacobs said as the Department of Transportation (DOT) is being included
24 as a stakeholder perhaps the DOT could make a presentation at the first meeting, regarding
25 any pertinent regulations or legislation.
26 Abigaile Pittman said the focus of this group is about safety and education and should
27 not interfere with any legislation.
28 Sheriff Blackwood referred to the study completed by the committee established under
29 HB 232 and said the main issues are: whether bicycles must ride on the right side of the road,
30 and, if not, where must bicycles ride; and are packs of more than 30 riders required to register
31 with a governmental entity. He said the committee did not resolve these main issues. He said
32 this is a safety issue, and there are existing laws that address every aspect of what is being
33 discussed tonight. He said when the Board establishes this committee, the expectations should
34 be very clear, as they do not want to create an ordinance that duplicates, or is contrary to, laws
35 which already exists.
36 Commissioner Dorosin asked the Sheriff if he had a pamphlet or summary of existing
37 rules and regulations.
38 Sheriff said it is on the DOT website as well as various organizations' websites. He said
39 it is important to focus on what happens with bikes in Orange County but it ultimately boils down
40 to respect between cyclists and motorists.
41
42 A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to:
43 1. Approve the attached Resolution (Attachment 2) authorizing the creation of a Bicycle Safety
44 Task Force and Future Appointment of Members to Serve on the Task Force; and
45 2. Request the OUTBoard to return to the BOCC in May with a recommended list of individuals
46 to be appointed to the Task Force.
47
48 Commissioner Price said she wanted to make a friendly amendment to add
49 representatives from both chambers.
50 Commissioner Pelissier agreed.
6
1 Commissioner Rich did not agree to accept the friendly amendment.
2
3 Friendly amendment failed.
4
5 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to add
6 an amendment to the original motion to add two members in the Chamber slot, one from each
7 end of the County.
8
9 VOTE: Ayes, 6; Nays, 1 (Commissioner Rich)
10
11 Vote on amended motion.
12
13 VOTE: UNANIMOUS
14
15 b. Amendment to the Orange County Code of Ordinances — Large Scale Display of
16 Pyrotechnics Ordinance
17 The Board considered: 1. Deliberating as necessary on the proposed amendments; and
18 2. Either adopt the large scale pyrotechnics display provisions into the Orange County Code of
19 Ordinances, authorize the Chair to sign the attached Resolution of Adoption, and authorize the
20 County Attorney to make any minor non-substantive changes or corrections that may be
21 necessary prior to submission of the amendment to Municode; OR, direct staff to develop and
22 advertise a process to receive public input and comments regarding the adoption of rules
23 regulating the large scale display of pyrotechnics in Orange County.
24
25 BACKGROUND:
26 The Board of County Commissioners has previously discussed the issues of the noise
27 associated with and concern and distress created by pyrotechnics displays and the need for
28 notice thereof. In the fall of 2015 the Sheriff, Fire Marshal, Planning Staff, Deputy County
29 Manager, and County Attorney met to discuss the issues created by large scale pyrotechnics
30 displays and solutions for those issues. Among the proposed solutions was the creation of a
31 permitting process and notice requirements both for the permit issuer and for the applicant.
32
33 As written the ordinance delegates to the Fire Marshal the authority granted the County in North
34 Carolina General Statute 14-413 regarding public exhibitions of pyrotechnics. The ordinance
35 requires the Fire Marshal to notify the Sheriff and County Manager when applications for
36 pyrotechnics displays are received. It also requires the applicant for a display permit to notify
37 surrounding property owners at least ten days prior to the display. The ordinance authorizes the
38 establishment of fees in the Commissioner Approved Fee Schedule for pyrotechnics display
39 permits, and penalizes violations of the requirements of the ordinance. The ordinance does not
40 impact the small-scale private use of pyrotechnics.
41
42 John Roberts said this amendment originated because of an event that occurred many
43 months ago. He said the BOCC was informed that the display was legally operated and the
44 State is primarily responsible for regulating fireworks displays. He said the Board directed staff
45 to look at noticing. He said senior staffs, the Sheriff and the Fire Marshal reviewed the topic
46 and determined that State law allows counties to permit displays of large fireworks for events,
47 concerts, fairs, etc. He said the recommendation is that there should be a 1000-foot notice
48 requirement; the property owner hosting the event must secure appropriate insurance; and that
49 each commercial display vendor must provide bonds.
7
1 John Roberts said despite residents protesting, it is the State that regulates fireworks
2 displays and only allows counties to control the permitting process.
3 John Roberts said the County can intervene only when proper permits have not been
4 secured.
5 Commissioner Dorosin asked for clarification regarding the extent of current state
6 regulations.
7 John Roberts said the State regulates fireworks by licensing operators in various
8 categories and the size of the charge; but the State does not deal with the suitability of a
9 location, or notification requirements.
10 Commissioner Dorosin asked if this proposed amendment, as written, would reach a
11 broader class of vendors as opposed to the state regulations.
12 John Roberts said no and it specifically refers to the authority granted by GS14-413.
13 Commissioner Price asked if Orange County delegates this responsibility to the Fire
14 Marshal to enforce some regulations.
15 John Roberts said it requires the owners of the property to get a permit, list operators on
16 the permit, and notify the Fire Marshal, Sheriff, and County Manager. He said the onus is on
17 the property owner to post notification.
18 Commissioner Price said at the last meeting, she asked for this item to be pulled, as it is
19 too vague for the general public to make any type of informed comment. She said there was
20 not enough information in the agenda packet to allow for community discussion and for the
21 Board to make a decision.
22 Chair McKee said he asked about the $500,000 insurance policy requirement and said
23 he received an email indicating that there are no insurance policies for $500,000 but only for a
24 minimum of$1 million, at a cost of$1,800.00 to $1,900.00.
25 John Roberts said the state statute says if a county chooses to adopt a permitting
26 regulation then the State requires that the vendor have this insurance at a minimum of
27 $500,000 and higher, if needed. He said without this minimum insurance requirement a county
28 may not have a permitting process.
29 Chair McKee asked if John Roberts is satisfied with the $500,000 minimum even though
30 there are no policies being written for said amount.
31 John Roberts said the amount meets State law but when the Risk Manager asked her
32 contacts in insurance, she was told only $1 million policies existed. He said the County could
33 raise its minimum to $1 million, if so desired.
34 Jason Shepherd, Orange County Fire Marshal, read an excerpt from the fire code,
35 which stated, "the fire code official is authorized to specify a greater or lesser amount when, in
36 his or her opinion, conditions at the location of use indicate a greater or lesser amount is
37 required."
38 Chair McKee said if the County is on solid legal ground, he is satisfied to stay at the
39 $500,000 insurance requirement.
40 John Roberts said the County is on solid legal ground as long as the insurance
41 requirement is at least $500,000.
42 Commissioner Rich asked if particular outcomes are anticipated with this proposed
43 ordinance.
44 Jason Shepherd said the incident that started this issue was an isolated one. He does
45 not expect an influx as a result of this ordinance and there is a process already in place.
46 Commissioner Dorosin said without this ordinance an event like the isolated incident
47 could occur again. He said the Board cannot outright ban fireworks and this ordinance employs
48 additional steps, to the already existing process, by adding the insurance requirement and
49 notification requirements.
8
1 John Roberts said fireworks are an activity licensed by the State and the County cannot
2 make illegal something that the State declares legal.
3 Commissioner Jacobs said some fireworks displays go high and far and asked if the
4 State regulations require the fireworks to stay on the property where they are shooting. He
5 asked if the regulations state that the fallout has to stay on the property.
6 Jason Shepherd said part of the process is that a vendor has to show the fall out zone
7 on the permit and if it looks like it will fall on other properties, the plan will not be approved. He
8 said permits are not issued until the site has been physically reviewed just prior to the event.
9 He said many conditions must be met, including safe weather, proximity to neighbors, etc.
10 Commissioner Pelissier said the abstract is not clear that pyrotechnics must be
11 permitted but permits are a state regulation. She said the public must be clearly informed that
12 the State made this regulation.
13 Commissioner Pelissier asked if it is possible to limit the duration of the fireworks.
14 Jason Shepherd referred to the isolated incident in question and said the cloud
15 coverage prevented the noise from going up and thus it went far and wide instead. He said if
16 the weather had been clearer the event would have been much quieter.
17 John Roberts said reasonable time limits can be placed on displays. He said in the
18 middle of the summer time a reasonable limit may be 11:00 p.m.
19 Chair McKee said he is concerned with the proposed jail time for violations and he would
20 not be able to vote for this given the 30-day incarceration.
21 John Roberts said such an incarceration is the penalty for any of the County's general
22 code of ordinances. He said the Board can change a penalty in any section of the ordinance.
23 Jason Shepherd said all of the permit criteria and benchmarks have to be met before he
24 will issue a permit.
25 Chair McKee said if all of the requirements to get a permit have been met, then how can
26 one violate the ordinance and receive a fine or the 30-day incarceration.
27 John Roberts said there could be misrepresentation of facts or there could be a mistake
28 made in the Fire Marshall's office.
29 Commissioner Rich clarified that the fine and incarceration penalties are the same with
30 all of their general ordinances.
31 John Roberts said yes.
32 Commissioner Rich asked if there is a process for determining the penalty.
33 John Roberts said if it were a criminal infraction the prosecuting Assistant District
34 Attorney would determine the penalty. He said he has never seen anyone go to jail and it is
35 there as a deterrent and a negotiating tool. He said fines are far more common.
36 Jason Shepherd said there could be a pyrotechnic display in the County that did not
37 come through the Fire Marshal's office for a permit.
38 Chair McKee said he has no problem with fines, just the 30-days incarceration.
39
40 PUBLIC COMMENT:
41 Virginia Leslie read a handout, which is incorporated here by reference. She said
42 Current Orange County noise ordinance prohibits these types of fireworks, and she asked all
43 County officials maintain the current ban on fireworks and pyrotechnics.
44 Joyce McGuire said she too was a neighbor close to this incident, and she disagreed
45 with Fire Marshal, as the fallout fell on her property. She said her home vibrated, and her dog
46 was traumatized. She said the law was broken because she did not receive notification of the
47 event 10 days in advance, but rather the day the before the event via email, which many people
48 in her neighborhood do not access. She said it is ludicrous that fireworks are allowed in rural
49 Orange County.
50
9
1 A motion was made by Commissioner Dorosin, seconded by Commissioner Pelissier to
2 adopt the large scale pyrotechnics display provisions into the Orange County Code of
3 Ordinances, authorize the Chair to sign the attached Resolution of Adoption, and authorize the
4 County Attorney to make any minor non-substantive changes or corrections that may be
5 necessary prior to submission of the amendment to Municode; with addition to direct staff to
6 create informational pamphlets that this is an additional regulation and would provide the type
7 of notice that is not currently available; add to website.
8
9 Commissioner Jacobs said to add another whereas, stating that the State of North
10 Carolina precludes counties from prohibiting the use of pyrotechnics.
11 Commissioner Dorosin accepted the friendly amendment and suggested it be folded into
12 the first whereas.
13 Commissioner Jacobs agreed.
14 Commissioner Pelissier also agreed.
15 Commissioner Price said she will vote against it because she wanted more public input
16 and more clarity.
17 Chair McKee said he will reluctantly vote for it but has reservations about the jail time.
18 Commissioner Burroughs said prohibition is not possible but this makes it more
19 expensive to do a display and it is moving in the right direction.
20 John Roberts suggested adding a sentence in section D which says that the notice sent
21 by email/mail indicates the time, date, and place for the fireworks event.
22 Commissioner Dorosin and Commissioner Pelissier accepted.
23 Commissioner Rich asked if the time would be specific and how this would be possible
24 given that sometimes fireworks cannot go off exactly as planned due to weather complications
25 or other such variables.
26 John Roberts said the notice can be worded to accommodate such variables.
27 John Roberts asked if there was any further comment regarding the implementation of
28 time restrictions.
29 No additional comments were made.
30
31 VOTE: Ayes, 6; Nays, 1 (Commissioner Price)
32
33 Commissioner Jacobs referred to Commissioner Price's concern, and suggested the
34 Fire Marshal hold a public information session in the area, close to the isolated incident, to
35 review the discussion and actions taken this evening. He said any questions raised at such a
36 meeting can be brought to the BOCC.
37 Bonnie Hammersley said staff would handle arrange such a meeting.
38
39 c. Orange County Firearms Safety Committee
40 The Board considered approving a charge and composition for the proposed Orange
41 County Firearms Safety Committee and providing additional direction to staff as needed.
42
43 BACKGROUND:
44 On February 16, 2016, the Board of County Commissioners directed staff to bring back a
45 proposal regarding the establishment of the Orange County Firearms Safety Committee
46 (modeled after the Orange County Hunting Ordinance work group). Stakeholders would include
47 the Orange County Sheriff, a representative from the N.C. Wildlife Resources Department,
48 County Manager, and community members living in the unincorporated areas of Orange
49 County, including those who own and use firearms and those who do not.
50
10
1 The group's charge would include, but not necessarily be limited to, discussing the purpose of
2 additional County firearm regulations, noise, property size, cost, posting of property signs, and
3 safety concerns; and look at similar ordinances in other counties and to advise (or recommend)
4 to the BOCC regarding a course of action regarding firearm regulations in the County.
5
6 Pending Board action on the Committee, the Clerk will then advertise for residents to apply for
7 potential appointment to the Committee.
8
9 FINANCIAL IMPACT: The financial impact is to be determined. If the Board decides to direct
10 staff to engage the services of a facilitator for the Committee, then there will be an associated
11 cost. (The Clerk has initially contacted Andy Sachs as a possible facilitator and Mr. Sachs is
12 interested and available to facilitate, if need be.)
13
14 Commissioner Jacobs suggested adding the Orange County Planning Director or
15 designee, to the technical staff section, in addition to the County Attorney.
16 Commissioner Pelissier suggested not having County Commissioners as members but
17 rather have one Commissioner serve as liaison.
18 Commissioner Price agreed.
19 Chair McKee also agreed.
20 Commissioner Jacobs asked if there is a definition for liaison.
21 Chair McKee said one that attends and participates in meetings but would not have a
22 vote.
23 Commissioner Pelissier said the Board of County Commissioner member would not be a
24 primary participant but serve as an observer.
25 Chair McKee asked if this would be similar to a technical staff position.
26 Commissioner Pelissier said yes.
27 Commissioner Jacobs said his interpretation would be that the liaison could, or would,
28 give a response, if need be. He said he would be comfortable for the liaison to attend meetings
29 and give some response if matters arise that the Board of County Commissioners may strongly
30 oppose, to offer guidance.
31 Chair McKee said his intent is not to bind the hands of a Commissioner sitting on this
32 committee but to alleviate the perception that a BOCC member would be controlling the
33 conversation. He said the Commissioner should be able to respond and offer insight but not
34 vote.
35 Chair McKee said his main concern is that the Board will vote on final recommendation
36 of this committee.
37 Commissioner Burroughs said she served as a liaison to ABC board where she
38 participated in discussions but did not vote. She said she was able to keep folks on track and
39 keeps the conversation flowing. She said this allows for an ultimate recommendation that has a
40 chance of being approved.
41 Commissioner Dorosin asked if the BOCC has a consensus of opinion regarding the
42 topic of firearms. He said a liaison should have an idea of how the BOCC feels in order to
43 inform the committee. He said a discussion would be needed in advance of appointing a
44 liaison. He said if there is not consensus among the BOCC, a liaison may not be a particularly
45 valuable role.
46 Commissioner Jacobs said a liaison could be valuable even if there is not BOCC
47 consensus. He said the committee may not follow the liaison's guidance but could have an
48 idea of the BOCC's feelings.
49 Chair McKee asked if there was input regarding the use of a facilitator.
11
1 Bonnie Hammersley said she would not see the Manager or designee or staff as a
2 voting member of a task force. She said these people would serve only in a technical role.
3 Commissioner Rich asked if the Sheriff, or his designee, should be a voting member.
4 Bonnie Hammersley said the Sheriff is an elected official.
5 Commissioner Rich said the BOCC are elected officials and the discussion just called
6 for the BOCC to not be voting members.
7 Chair McKee said he was not referring to all elected officials but rather BOCC members
8 specifically.
9 Commissioner Rich sees the Sheriff being there for information not for voting purposes.
10 Commissioner Jacobs said he would rather the Sheriff be a part of the process and
11 have some real participation.
12 Sheriff Blackwood said it was his intention to designate Deputy Chief Jamie Sykes to the
13 committee. He said it is critical for his department to give input to the BOCC and the BOCC
14 should do the ultimate voting.
15 Commissioner Burroughs said a facilitator would be good.
16 Commissioner Jacobs agreed.
17
18 PUBLIC COMMENT:
19 Andy Stevens read the following prepared statement:
20 Good evening Mr. Chairman and Commissioners. My name is Andy Stevens, and
21 reside at 2615 N Church St, Greensboro. I am here this evening speaking as Director of Local
22 Government Affairs for Grass Roots North Carolina, our State's "No compromise" Gun Rights
23 Organization. In full disclosure, I am also an active candidate for North Carolina Commissioner
24 of Agriculture in the upcoming March 15th election.
25 I must ask this evening, "Why does this Board persist in its effort to legislate lawful
26 behavior out of existence. I'm referring to the discharge of a firearm on one's own private
27 property. Did you know effective training can be accomplished in as little as twenty-five yards
28 distance, or less than 75 feet?
29 Before you vote this evening to proceed, you may want to consider the reaction such
30 efforts have had in other communities. For example, I can direct you to the Village of
31 Tobaccoville last month. The Mayor, who proposed it, "resigned" when he saw 200+ flood
32 Town Hall in opposition. I can point you to to similar undertaking in Rockingham County a few
33 months back....and the outrage by local citizens that will without doubt have an impact on an
34 incumbent or two running for reelection in this month's elections there. You can also read
35 about Harnett County's experience last year.
36 We guess you did not get the message from last month's meeting and your attempt to
37 back door such a freedom robbing ordinance in the first place. My organization and its
38 members are certainly concerned, and that's why I am here tonight.
39 I pulled up your current firearms ordinance this morning from the County website. Did
40 you know you are no longer in compliance with State Law, which is 2013 further limited your
41 authority to regulate concealed carry in parks? I suggest you consider revising tonight's motion
42 to include yourselves or risk GRNC filing costly litigation to compel compliance with state law.
43 As a group, I suppose you'll say you support the 2nd Amendment and don't want to take
44 away anyone's rights. Show us good faith, and table this bad, unenforceable, "feel good, but
45 do nothing", expensive, and time consuming "study recommendation" before you. Instead, deal
46 with a more serious problem in Orange County. State Law regarding firearms possession has
47 changed twice in the last 3 years...and your existing Orange County ordinance in the matter
48 has not. Orange County is not compliant with State Law. "Firearms Prohibited" signage and
49 language at Orange County parks, for example, need to be taken down. GRNC can and will
50 sue the County if necessary to see the County comply with State law. Ask the Mayor of
12
1 Asheville. This year we saw to it out State Preemption Statue was toughened to allow for our
2 recovery of the cost to successfully litigate such matters. Rather than persist in an adversarial
3 relationship with your citizens, I suggest you follow the examples of Pitt, Person and Wilkes
4 counties who all just repealed such firearms restrictions in county facilities and parks, choosing
5 to trust their citizens instead of useless "magic signs".
6 While you're at it, Commissioners, demonstrate to your Orange County residents and
7 visitors you really do support rights, freedoms and trust citizens by repealing your knee jerk, 20
8 year old prohibition on lawful firearms in all other County facilities and buildings as well.
9 Counties across this State, including Alamance, Ashe, Cherokee, Cabarrus, Forsyth, Rowan
10 and Union have all done so in the prior year. Today, nearly 500,000 North Carolina concealed
11 carry permit holders have proven themselves safe, sane, and sober in their conduct...including,
12 now, Parks, places that charge admission, places that serve alcohol, and school parking lots.
13 Asked your, or any, Sheriff about the backlog of new applicants awaiting their concealed carry
14 permits for the very first time. We all vote....and we "Remember in November".
15 Commissioners, table this unnecessary study today, and instead take necessary action
16 to comply with State Law. Show support for responsible gun rights in Orange County instead of
17 irrational suppression of the same.
18 Thank you.
19
20 Jack Hunnell said he owns a small business off of St. Mary's Road, and lives close by.
21 He said the agenda item has to do with firearms safety, noise violation, and the protection of 2nd
22 Amendment rights. He said he would like to see the name of the committee reflect all of these
23 concerns. He said he would like to understand the balance of the committee, how many
24 members, and how they are appointed. He said he is not opposed to a Commissioner being a
25 part of the group. He said is interested in being on the committee.
26 Chair McKee said there is an application to participate and instructed Mr. Hunnell to
27 speak to the Clerk.
28 Ashley Desena seconded the remarks of the previous speakers. She said she is in
29 agreement with the new composition of the committee, but she hopes that all members would
30 be residents and others could be technical staff. She said she thought there were not enough
31 regular residents involved in these types of discussions. She expressed concern about having
32 law enforcement writing laws. She said she hoped that the committee is widely publicized in
33 the community. She agreed that changing the committee's name is a good idea.
34 Manford Stanfield said he strongly opposed the committee and its purpose, and existing
35 laws are sufficient.
36 Sara Conti said she and her husband are residents of Orange County, and have been
37 living in the shadow of a shooting range for several years, and it is terrifying. She said she
38 would like to be considered for the committee. She said they do not have a problem with
39 shooting, just the shooting range.
40 Michael Derling said he thought the committee is a good idea. He said he is not
41 opposed to guns, but they are dangerous, and safety should always be the main concern. He
42 said he owns guns, and it is important to give people guidance on the issue of shooting. He
43 said the facilitator would be the most important person in this group.
44 Missy Foy said she is surprised that there are objections to having this committee. She
45 said there are people here tonight that were too intimidated to attend the last meeting and she
46 herself has been threatened since the last meeting. She said safety should trump convenience
47 and firearms kill people. She said even to suggest that the gun ownership group was
48 intimidated two weeks ago is grossly false. She agreed that a facilitator is necessary.
49 Robert Smith said he has lived in Orange County for 68 years, and there have never
50 been gun issues before. He said safety is common sense but they still have a 2nd amendment.
13
1 He said do not punish everyone, for what a few people are doing wrong. He has never seen
2 anything like this in Orange County, telling someone they cannot shoot. He said children
3 should be taught to respect weapons and how to handle them correctly.
4 Chair McKee suggested that each of these segments be voted on individually. He said
5 the establishment of committee has already been voted on. He said the question of a
6 facilitator, and the composition of the committee, remain.
7
8 A motion was made Commissioner Dorosin, seconded by Commissioner Burroughs that
9 the committee has a facilitator.
10
11 Commissioner Jacobs said the proposed facilitator is from the Dispute Settlement
12 Center and is skilled and effective at mediating disputes.
13
14 VOTE: UNANIMOUS
15
16 A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
17 increase the number of Orange County residents at large —to 8 voting members (instead of 6)
18 and make all others technical staff:
19 • 8 residents
20 Technical staff:
21 • County manager or designee
22 • Sheriff or designee
23 • NC Wildlife Resources Representation
24 • County Attorney
25 • Planning Director
26 • BOCC Liaison- one
27
28 VOTE: UNANIMOUS
29
30 Commissioner Jacobs referred to Mr. Stevens' comments and suggested that this
31 committee include in its discussions whether existing Orange County regulations are in
32 compliance with State law.
33
34 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
35 adopt the following charge:
36 The group's charge would include, but not necessarily be limited to:
37 • discuss the purpose of additional County firearm regulations, noise, property size, cost,
38 posting of property signs, and safety concerns; and
39 • look at similar ordinances in other counties and to advise (or recommend) to the BOCC
40 regarding a course of action regarding firearm regulations in the County.
41
42 Commissioner Jacobs said it is important to respond to resident concerns through a
43 controlled, respectful, and informed discussion.
44 Commissioner Pelissier asked if there is a way to insure residents of differing viewpoints
45 are on the committee.
46 Donna Baker said that the application process would be the same for this task force as
47 other boards and commissions and there is a place to provide comments noting whether one is
48 for or against the ordinance.
49 Donna Baker asked if any Orange County resident could apply or only those living in
50 unincorporated areas of the County.
14
1 Commissioner Jacobs asked if there is a reason to limit it to only residents of
2 unincorporated areas.
3 John Roberts said the ordinance would only apply to the unincorporated areas of the
4 County.
5 Commissioner Price said a speaker did live in town and she suggested expanding it to
6 include all property owners in the unincorporated areas.
7 Mr. Hunnell said he suggested involving members of the NC Wildlife Resources
8 Commission Advisory Board as well as the Wildlife Resource commission, which deal with
9 questions of safety, noise, etc.
10 Chair McKee said these commissions are already included in the committee.
11 Commissioner Price amended her motion to say that residents can apply if they are
12 residents of the unincorporated areas of the County or if they own property in unincorporated
13 Orange County.
14 Commissioner Jacobs agreed.
15
16 VOTE: UNANIMOUS
17
18 Commissioner Price said it is very important to make sure the public is aware that
19 these committee meetings are open to the public.
20 Commissioner Rich said all meetings are open to the public.
21 Commissioner Price said she knows this is the case but it must be reiterated that all
22 meetings are open to the public.
23
24 8. Reports
25
26 a. Orange County Bus and Rail Investment Plan Annual Report
27 The Board considered receiving GoTriangle's annual report on the Orange County Bus
28 and Rail Investment Plan (OCBRIP) and providing feedback as appropriate.
29 John Tallmadge, GoTriangle Director of Regional Services Development, reviewed the
30 following information from the abstract:
31
32 BACKGROUND:
33 The OCBRIP was approved by the BOCC in June 2012. The OCBRIP provides local and
34 regional transit opportunities including expanded bus service and proposed light rail. Voters in
35 November 2012 approved a one-half cent sales tax to fund the local portion of the Plan and
36 collection of the sales tax began on April 1, 2013.
37
38 This is the third annual report that GoTriangle (Triangle Transit/TTA) has provided to the Board,
39 the last taking place at the Board's March 19, 2015 work session.
40
41 Attachment 1 is a memo from Jeff Mann, General Manager of GoTriangle, which introduces its
42 annual report. Although the memo is dated December 14, 2015, the accompanying report has
43 been updated more recently to address comments provided by Orange Public Transportation
44 and Orange County Planning Staff.
45
46 NEXT STEPS:
47 Consistent with the Interlocal Implementation Agreement, next steps are to include the
48 development of appropriate benchmarks and timeline to evaluate progress in gaining federal
49 and state financial support for the LRT project in the Plan and to incorporate these benchmarks
50 and timeline into the OCBRIP. This is to be done in a manner that coordinates with the Durham-
15
1 Chapel Hill-Carrboro Metropolitan Planning Organization's preparation of a new Metropolitan
2 Transportation Plan.
3
4 Accomplishments
5 During the year, the following service enhancements were funded with transit tax
6 dollars:
7 • Chapel Hill Transit expanded peak period and mid-day service on Routes A, D, J
8 and NS
9 • Chapel Hill Transit expanded Saturday hours on the FG and D Routes
10 • New GoTriangle commuter express service (Route ODX) from Mebane, Efland,
11 and Hillsborough to Duke and VA Medical Centers and downtown Durham
12 • Later Saturday evening and Sunday service on GoTriangle routes connecting
13 Durham, Chapel Hill and RTP (Routes 400, 700, and 800), also with Route 100
14 to RDU Airport and Raleigh (Route 100 is funded by a separate source, not
15 Orange County funds)
16
17 Chapel Hill North-South Bus Project
18 Chapel Hill Transit is conducting the North South Corridor Study along Martin Luther
19 King Jr. Boulevard — South Columbia — US 15-501 South Corridor. The study is funded
20 by a federal grant, which is not part of the Transit Plan. The Transit Plan does include a
21 25% local match ($24.5 million) set aside for capital improvements, if this project moves
22 to construction in the future.
23
24 John Tallmadge said this is now in the evaluation phase and looking at alternatives; no
25 funding has been expended yet.
26
27 Hillsborough Train Station
28 Planning on the Hillsborough Train Station is being led by the NCDOT Rail Division.
29 Construction funding for the Hillsborough Train Station is scheduled to be available in
30 FY 2019 and FY 2020, with $3.6 million per year provided by the N.C. Department of
31 Transportation and GoTriangle.
32
33 The station will be served by two Amtrak passenger train routes that already pass
34 through Hillsborough —the Carolinian, which travels between Charlotte and New York
35 twice daily, and the Piedmont, which makes travels between Charlotte and Raleigh four
36 times daily
37
38 Durham-Orange Light Rail Transit Project
39 During the year, GoTriangle continued work on the proposed 17-mile Durham-Orange
40 Light Rail Transit Project. The proposed light rail line will run from Chapel Hill to East
41 Durham, serve UNC Hospitals and UNC, the Friday Center, Patterson Place, Duke
42 University, Duke University Medical Center, the VA Medical Center, downtown Durham,
43 and East Durham.
44
45 Environmental work underway will lead to a Draft Environmental Impact Statement in
46 the fall of 2015 (FY16) and a Final Environmental Impact Statement/Record of Decision
47 in early calendar year 2016.
48
16
1 The Draft Environmental Impact Statement on the Project shows a cost range between
2 $1.4 billion and $1.6 billion. The Orange voter-approved one-half cent sales tax will help fund
3 the 25% local share of the D-O LRT Project.
4
5 John Tallmadge said it is hoped that the state cap, which was put on last year, will be
6 removed at some point.
7
8 Financials
9 John Tallmadge said they are running slightly ahead of projections
10 The FY15 revenues and expenses for the Orange Bus and Rail Investment Plan are shown
11 below. The revenues to fund the Transit Plan include a voter-approved one-half cent sales tax,
12 a seven-dollar county vehicle registration fee, a three-dollar regional registration fee and a
13 portion of the five percent regional vehicle rental tax. Expenditures include light rail project
14 development, bus services and administration.
15
16 FY 2015 Revenues*** FY 2015**
17 Orange voter-approved one-half cent sales tax: $ 6,189,162
18 $7 vehicle registration fee: $ 760,711
19 $3 vehicle registration fee: $ 238,368
20 5% vehicle rental tax: $ 501,185
21 Total $ 7,689,426
22
23 FY2015 Expenses FY 2015**
24 Light Rail Development $ 3,322,213
25 Bus Services* $ 1,379,291
26 Administration $ 46,657
27 Total $ 4,748,161
28
29 John Tallmadge said the FY15 ending reserves total $9,171,186; (FY14 $6,125,406;
30 FY13 $1,112,228). He said the reserves will be used for services and capital projects.
31
32 Next Steps
33 The following services will be implemented in the upcoming fiscal year (FY16: July
34 2015-June 2016):
35 • In August 2015, Orange County through Orange Public Transportation will
36 implement an increase in the midday service frequency of the Hillsborough-Chapel Hill
37 Shuttle and extended the route to Cedar Grove, north of Hillsborough.
38 • Orange County through Orange Public Transportation will implement three new
39 services:
40 o Orange-Alamance Connector with midday service between Mebane
41 and Hillsborough
42 o Efland-Hillsborough Commuter Loop with peak period service between Efland
43 and Hillsborough
44 o Zoned deviated fixed routes serving three rural county areas midday, two days
45 per week per zone
46 • Chapel Hill Transit will expand service during peak periods and evenings on the HS
47 route
48 • Any new potential services for Chapel Hill Transit will be identified as part of annual
49 budget development in coordination with Chapel Hill Transit's Public Transit Committee
17
1 • GoTriangle will add trips to the Chapel Hill-Raleigh Express
2
3 Milestones of light rail project
4 • Project development was completed within a 2-year window, in compliance with Federal
5 law.
6 • Applications submitted for federal funding program.
7 • Awaiting word from Federal Transit Administration (FTA) regarding its review of
8 submitted materials.
9 • Once criteria are satisfied, final design phase of three years of engineering, will begin.
10 Once completed a full funding grant agreement with the FTA will be pursued.
11
12 Commissioner Rich referred to the expansion of service into Carrboro and asked if the
13 bus route is known.
14 John Tallmadge said the service will run at least during commuter hours (6:00 to 9:00
15 a.m.), and if one is coming from Carrboro toward Durham, the route will come down Main
16 Street, to Franklin Street, to 15- 501. He said if one is coming into Carrboro, the route will go to
17 the medical center at the University of North Carolina (UNC) Hospital first, then take the by-
18 pass to Jones Ferry Road, and into downtown Carrboro. He said the major market is to the
19 hospital and the University.
20 Further discussion of the routes ensued.
21 John Tallmadge said August is the targeted implementation date.
22 Commissioner Pelissier referred to the expanded service and asked if the BOCC will get
23 information about increased ridership on the new and expanded services.
24 John Tallmadge said such information can be provided.
25 Commissioner Jacobs asked if John Tallmadge could explain the proposal of the dual
26 use and why GoTriangle does not want to pursue it further.
27 John Tallmadge said requests were received to make the entire light rail corridor run
28 both buses and light rail. He said a dual route is being accomplished via a section through
29 downtown Durham and buses still need to be able to use Pettigrew St. He said it is not that
30 they are opposed to this idea but this is a more expensive way to build the corridor. He said the
31 operational demands of this dual option would be a challenge and this corridor is not the most
32 used corridor. He said it may compromise the efficiency of the light rail project.
33 John Tallmadge said a full answer could be provided via a presentation at a later date or
34 in writing.
35 Commissioner Pelissier said the Board received an email today from Brad Shultz and
36 she said if they were to address this dual corridor the entire process would have to start from
37 the beginning, which would take several years and large amounts of money.
38 Chair McKee asked if there is a backup plan if state cap is not lifted.
39 John Tallmadge said the GoTriangle Board of Trustees received a report on the
40 financial plan and directed GoTriangle staff to identify funding sources and develop strategies
41 to identify funding sources that can help with the project if the cap is not removed. He said
42 there is not yet a specific plan but one is being worked on.
43 Chair McKee asked him to keep the BOCC informed going forward.
44 John Tallmadge said he would do so. He said if the cap is not removed, there will likely
45 have to be a meeting with the Board of Trustees and both Orange and Durham County
46 Commissioners to regroup. He said they are optimistic that the cap will be removed.
47 Commissioner Jacobs said that money has already been reallocated to other DOT
48 projects.
18
1 John Tallmadge said that is still a draft document. He said the Metropolitan Planning
2 Organizations (MPO) has to concur. He said he understands there is a path to pursue for the
3 cap to be removed.
4 Commissioner Pelissier referred to the cap, noting it is not just about its removal, but it
5 is making sure the whole process, of how transportation projects are rated, is whole. She said
6 the light rail project scored well. She said politics cannot be inserted into the project.
7
8 b. Update from GoTriangle - Park and Ride Lot and Bus Transfer Facility
9 The Board considered receiving a report and providing feedback on staff's work
10 planning for a park and ride lot and bus transfer facility in the Hillsborough area, including
11 options to: 1) locate a park and ride lot on US 70 at New Hope Church, with a transfer facility at
12 US 70 and Faucette Mill Road; or 2) locate a park and ride lot on US 70 at Faucette Mill Road,
13 with a transfer facility; or 3) conduct a more extensive site selection process.
14 Peter Murphy, Orange County Transportation Administrator, introduced Jennie Green,
15 GoTriangle Capital Projects Planner.
16 Peter Murphy reviewed the background information:
17
18 BACKGROUND:
19 The Orange County Bus and Rail Investment Plan (OCBRIP) was approved by the BOCC in
20 June 2012. The need for expanded bus services in and through Hillsborough, as well as new
21 park and ride lot on the north side of Hillsborough, were among the many public transit
22 improvements identified in the Plan. GoTriangle immediately began planning for both short-term
23 and long-term park and ride solutions. The short-term solution was found and located at the
24 North Hills Shopping Center (formerly Maxway site) and was made available through a lease
25 agreement. This enabled GoTriangle to begin its new Orange County-Durham Express (Route
26 ODX) in August 2014 and later expand service to Mebane and Efland.
27
28 Subsequently, in October 2014, the BOCC approved the Central and Rural Orange Five-Year
29 Bus Service Expansion Program for Orange Public Transportation (OPT), which provided the
30 implementation specifics for its new bus routes. In August 2015, OPT expanded its bus services
31 adding additional midday hours to the Orange-Chapel Hill Connector and extending the route to
32 serve Cedar Grove. New services delivered, as well as those planned through the Bus Services
33 Expansion Program, were structured around the North Hills Shopping Center as the location for
34 park and ride. The shopping center has since sold, ending the lease agreement, and park and
35 ride needs in Hillsborough are now being met exclusively through the lot at the Durham Tech
36 Orange County Campus. This change has accelerated the search for a long-term park and ride
37 facility on the north side of Hillsborough.
38
39 Park and Ride Lot Specifications
40 The park and ride is intended to serve two commuter routes: Route ODX to Durham and Route
41 420 to Chapel Hill. To plan for current and future demand, GoTriangle is planning to build a
42 park and ride facility with 100 parking spaces. GoTriangle has had positive conversations with a
43 church located along US 70 to the east of NC 86 about using its parking lot as a Park-and-Ride,
44 but no agreements have been made.
45
46 Bus Transfer Facility Specifications
47 A transfer facility is a bus stop or facility located where multiple routes converge. Customers
48 can change from one bus to another, buses can dwell out of traffic and improved passenger
49 amenities are installed. Town of Hillsborough staff has suggested locations along US 70 to the
19
1 west of NC 86 as possible locations for a transfer facility given the proximity to neighborhoods
2 and commercial centers.
3
4 There is not a parcel or combination of undeveloped parcels to the west of NC 86 that is both
5 walkable to the neighborhoods and sufficiently sized for a Park and Ride. GoTriangle
6 recommends pursuing an option in which the Park and Ride is located separate from the
7 transfer facility. However, the Route ODX and Route 420 would still be able to provide access
8 to the community by stopping at the transfer facility.
9
10 GoTriangle staff will present the recommendation and alternative scenarios with the BOCC for
11 comment.
12
13 BOCC Feedback- Staff is seeking any initial feedback that the BOCC may have on planning for
14 a Park and Ride lot and bus transfer facility in the Hillsborough area. GoTriangle also provided
15 a similar preparatory report to the Town's Board on February 8th.
16
17 Jennie Green made the following PowerPoint presentation:
18
19 Hillsborough
20 Park-and-Ride
21 Town of Hillsborough
22 Board of Commissioners
23 February 8, 2016
24
25 Purpose
26 • To report on activities in identifying a Park-and-Ride in North Hillsborough
27 • Receive feedback from board members
28 • Prepare board members for Joint meeting on February 25
29
30 Background
31 • Orange County Bus and Rail Investment Plan (2012)
32 • 5-Year Bus Program (2014)
33 • Orange-Durham Express (ODX) (Aug 2014)
34
35 Park-and-Ride
36 • North Hills Shopping Center
37 o US 70 and Churton St (NC 86)
38 • Two commuter routes —ODX and Route 420
39 • Transfer location for Orange Public Transportation (OPT) routes
40
41 What is a Park-and-Ride?
42 • Commuter-oriented
43 • Weekday only with bus service during peak commuting hours
44 • Customers leave cars on site in the morning and return in the afternoon
45 • Size requirement
46 • Bus amenities —shelter, bench, trash can
47
48 What is a Park-and-Ride? (photograph)
49
20
1 What is a Transfer Facility?
2 • All day service
3 • Multiple routes converge on a common location
4 • Customers transfer from one bus to another
5 • It can range from a bus stop to a staffed facility
6 • Bus amenities — shelter, bench, trash can
7
8 What is a Transfer Facility? (photograph)
9
10 North Hillsborough Park-and-Ride
11 • Goal: Along US 70
12 • Parking facility for two commuter routes
13 o Orange-Durham Express
14 o Route 420 to Chapel Hill
15 • When defining site selection criteria
16 o Plan for growth in transit ridership
17 o Locate to attract customers
18
19 Size: Meet current and future demand (graph)
20
21 Size: Meet current and future demand (graph)
22
23 Location: Be "on the way" (map)
24
25 Recommendation
26 • Locate Park-and-Ride at New Hope Church with transfer facility on US 70 at Faucette
27 Mill Rd
28 o Meets size and location needs for Park-and-Ride
29 o Walk access to route for Fairview residents
30 o Connections from ODX to OPT routes provided at transfer facility
31 o Pursue lease arrangement with church to use parking during week
32
33 Alternate Scenario 1
34 • Locate Park-and-Ride on US 70 at Faucette Mill Rd with transfer facility
35 o Size and location issues for Park-and-Ride
36 o One facility for both uses
37
38 Alternate Scenario 2
39 • Conduct more extensive site selection process
40 o Use Durham Tech Orange County Campus as Park-and-Ride until another more
41 suitable location is found
42 o Transfer facility on US 70 at Faucette Mill Rd
43
44 Commissioner Jacobs asked if she had the opportunity to look at the property adjoining
45 the Orange County Public Works facility.
46 Jennie Green said yes, but there were access issues, and the distance from Highway
47 70 was a bit too far for the market being served. She said there were also some site
48 construction issues.
21
1 Commissioner Jacobs asked for a cost estimate if the church parking lot were to be
2 used.
3 Jennie Green said $1.2 million, at this time, for initial construction.
4 Commissioner Jacobs said the County already owns the Public Works property if
5 money is an issue. He said it may merit another look.
6 Jennie Green said the project at the church would be a lease agreement and would not
7 require the purchase of any property. She said the lease is for 20 years.
8 Commissioner Pelissier referred to the option to have the Park and Ride at the
9 Faucette Mill Road and asked if the space constraints could be clarified.
10 Jennie Green said the property recommended by town staff is 3.5 acres, which could
11 accommodate about 50 of the 100 needed parking spaces.
12 Chair McKee asked if, regardless of the site for this Park and Ride, a transfer facility is
13 still needed.
14 Jennie Green said yes.
15 Chair McKee agreed there is a need for a transfer facility. He asked if a shelter will be
16 included in the plans at the transfer facility.
17 Jennie Green said yes.
18 Commissioner Dorosin asked if she is recommending a particular option.
19 Jennie Green said their recommendation is the church option, which has 100 spaces,
20 but noted she is here to present all options.
21
22 PUBLIC COMMENT:
23 Ms. Johnson asked if the specific location of the church on Faucette Mill could be
24 identified.
25 Jennie Green said it is near the funeral home.
26 Ms. Johnson said this is very much needed in their community, and the church on
27 Highway 70 is a great idea, and a convenient location.
28 Chair McKee asked if consideration has been given to maintaining the facility for the
29 shelter.
30 Jennie Green said the property owner has yet to be approached. She said there may
31 be other locations in the proximate vicinity, but no owners have been approached at this time.
32 Commissioner Price said the transfer station is needed, but she finds it unfair to put a
33 Park and Ride facility next to that neighborhood that is serving other people.
34 Chair McKee said he is surprised that a piece of property has been recommended,
35 prior to the property owner being contacted.
36 Jennie Green said gauging the level of interest of the BOCC and the Town Board was
37 desired. She said the Town Board had a similar concern regarding the type of activity between
38 Faucette Mill and Churton Street.
39 Chair McKee said he likes the church location for the Park and Ride, but wants to
40 make sure that the transfer facility has adequate facilities for those using it, given the length of
41 time one may need to wait in between buses.
42 Commissioner Pelissier asked if a transfer facility would have priority for a shelter over
43 other bus stops.
44 Jennie Green said yes. She said a safe street crossing will also be important which
45 Faucette Mill already has, along with a sidewalk.
46 Chair McKee said the Board is in agreement with the recommendation to locate a Park
47 and Ride lot on US 70 at New Hope Church, with a transfer facility at US 70 and Faucette Mill
48 Road.
49
50 9. County Manager's Report
22
1 NONE
2
3 10. County Attorney's Report
4 John Roberts said potentially negative state legislation that would have impacted
5 Orange County Stormwater Management Program has been determined as inapplicable to
6 Orange County's program.
7 John Roberts referred back to the pyrotechnics ordinance, and read the following final
8 sentence regarding notification: Notice shall identify the date and address of the property on
9 which the event, or display, is to occur, together with the timeframe within which the event, or
10 display, will occur.
11 Chair McKee said this sounded acceptable.
12
13 11. Appointments
14 NONE
15
16 12. Board Comments
17 Commissioner Rich had no comments.
18 Commissioner Pelissier said several of the BOCC attended the Pauli Murray Awards,
19 and she said one of the zone champions for the Family Success Alliance, Raina Rivera, was
20 honored with an award.
21 Commissioner Pelissier said yesterday many of the BOCC attended the Agricultural
22 Summit. She said there was a new format, with workshops in the afternoon and a social hour
23 at the end. She said both were positive changes in the format.
24 Commissioner Jacobs had no comments.
25 Commissioner Dorosin had no comments.
26 Commissioner Burroughs had no comments.
27 Commissioner Price said the recipients of the Pauli Murray Awards were diverse, which
28 was nice to see. She agreed that the Agricultural Summit was very well done and she has
29 heard a lot of positive feedback.
30 Chair McKee had no comments.
31
32
33 13. Information Items
34 • February 16, 2016 BOCC Meeting Follow-up Actions List
35 • Tax Collector's Report— Numerical Analysis
36 • Tax Collector's Report— Measure of Enforced Collections
37 • Tax Assessor's Report — Releases/Refunds under $100
38 • BOCC Chair Letter Regarding Petitions from February 16, 2016 Board Meeting
39
40 14. Closed Session
41 A motion was made by Commissioner Rich, seconded by Commissioner Dorosin to go
42 into closed session at 10:08 p.m. for the purpose of:
43
44 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in
45 order to preserve the attorney-client privilege between the attorney and the Board."
46
47 VOTE: UNANIMOUS
48
49 RECONVENE INTO REGULAR SESSION
50
23
1 A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to
2 reconvene back into regular session at 10:27 p.m.
3
4 VOTE: UNANIMOUS
5
6 15. Adjournment
7
8 A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to
9 adjourn the meeting at 10:27 p.m.
10
11 VOTE: UNANIMOUS
12
13 Earl McKee, Chair
14
15
16 Donna Baker,
17 Clerk to the Board
18
19