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HomeMy WebLinkAboutMinutes 06-07-2016 1 APPROVE 6/21/2016 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING June 7, 2016 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, June 7, 2016 at 7:00 p.m. at the Whitted Building in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs, Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) Chair McKee called the meeting to order at 7:07 pm. 1. Additions or Changes to the Agenda A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to pull item 7-a, Bicycle Safety Task Force Appointment, since there had been some confusion about the application process, and she would like to send it back to the OUTBoard for more discussion. She asked if the item could be brought back to the Board of County Commissioners (BOCC) at the June 21st meeting. Commissioner Dorosin said he would like to know what happened. Commissioner Rich said the OUTBoard recommended a different slate of applicants than that which was included in the abstract. She said the OUTBoard was not notified of edits and changes to the membership roster, and thus, she would like the OUTBoard to review the roster of applicants one more time. Commissioner Dorosin said he thought the Clerk's office was involved in this process. Donna Baker said her office was not involved, and the process was done by the OUTBoard, per the direction of the BOCC. Commissioner Dorosin asked if there was a timeline imposed for the process. Abigaile Pittman, Orange County Planning, said there was an application process, which the OUTBoard was involved in developing. She said the process was well advertised and 14 applications were received. She said the applications did not address all of the available membership slots. She said the item went through agenda review, and during Chair- Vice Chair agenda review concern was raised that all the slots were not filled. She said the OUTBoard recommended that the BOCC or the Manager ask the Sheriff to make an appointment from his department. She said the OUTBoard also originally requested that Bonnie Hauser be notified, as she was involved with the issue from the vehicular side. She said she did notify Bonnie Hauser by sending her the PSA, but received no application from her. Abigaile Pittman said Laurie Paolicelli, Orange County Community Relations Director, was removed from the roster when the Manager correctly noted that the membership category that Laurie Paolicelli was filling was supposed to be from the Visitors Bureau (VB), not an 2 employee of Orange County. She said with outreach efforts and assistance from the Manager's office, a Sheriff's representative was nominated. She said Bonnie Hauser also sent in an application as requested by the OUTBoard. She said since Laurie Paolicelli could not serve, she recommended Anthony Carey, who is a member of the Visitors Bureau as well as the Chapel Hill Chamber of Commerce. Abigaile Pittman said there are applicants waiting to be appointed to this task force, and she has kept all OUTBoard members abreast of updates. She said this task force has already been delayed several months, and she would like to see appointments made before applicants withdraw their names. Chair McKee asked if Bonnie Hammersley would make an exception and to add this to the June 21st meeting. Bonnie Hammersley said yes. Commissioner Price clarified that this postponement is to address the Visitors Bureau slot only. Abigaile Pittman said it will be to address the Visitors Bureau slot, the slot from the Chamber of Commerce in Chapel Hill, and also Bonnie Hauser's application, which was late in its arrival, but had been requested by the OUTBoard. Commissioner Rich said Anthony Carey was appointed to two slots and a representative from the Sheriff's office had been added. She said her motion is to permit the OUTBoard the opportunity to review this proposed roster one more time, to agree on a recommendation, and then bring it back to the BOCC. Bonnie Hammersley said this item can be brought back on June 21st VOTE: UNANIMOUS Chair McKee noted the following items at the Commissioners' places: - PowerPoint for item 4-b - PowerPoint for item 7-a: ITEM PULLED - Salmon sheet: additional information for item 8-a - Blue sheet: additional applicant to Durham Tech, item 11-e -Yellow sheet: resolution from City of Durham- in support of universal Pre-K - Lavender sheet: resolution from Durham County in support of universal Pre- K - Budget information for 6/9/16 budget work session from Manager PUBLIC CHARGE Chair McKee dispensed with the reading of the public charge: 2. Public Comments a. Matters not on the Printed Agenda Julie McClintock read the following memo: To: Chairman McKee and Orange County Commissioners From: Julie McClintock, Chair, Chapel Hill Stormwater Advisory Board Subject: Measures to mitigate soil erosion and sedimentation impacts during construction Date: June 7, 2016 Like the Chapel Hill Town Council, the Chapel Hill Stormwater Advisory Board has received complaints where sediment is moving off of construction sites into our creeks and waterways, 3 e.g., Evolve, Burch Kove, during construction in Chapel Hill. We've received impassioned petitions from Lake Ellen Home Owners Association, the Lake Forest Homeowners, and residents downstream of construction projects near Timberlyne. Much of the sediment has been deposited in our creeks and in Lake Ellen and Eastwood Lake. Our Board respectfully requests that Orange County Commissioners increase staffing in the Erosion Control Division. We are aware of the important role this division plays in reviewing construction plans and inspecting all non-government projects in Orange County before the final town permit is issued. Additional resources would lead to more field inspections, a higher level of compliance, and would free up staff to perform escalated enforcement as needed. A resolution making a similar request was passed unanimously and sent to the Chapel Hill Town Council by the Chapel Hill Stormwater Advisory Board, April 26, 2016. Thank you for considering this request. You may be interested to know that the Town Council is also considering increasing the standard for holding water during construction for the 25- year storm, instead of the 10-year storm event. These changes will enhance storm water controls to deal with the more frequent storm events brought by climate change. Copies given to Mayor Pam Hemminger and Chapel Hill Town Council members. Ashley DeSena said she is here about the Firearms Safety Committee. She said it is her understanding that the Committee facilitator was meeting with each of the resident members, one on one. She said she finds this to be inappropriate and believed all discussions should be with the full committee, and open to the public. She said she was concerned about the allegations that an applicant to this committee was pointing a laser at Board of County Commissioners at a meeting. She asked if this allegation was accurate. Chair McKee reminded her that the BOCC does not respond to comments made during this portion of the meeting, but thanked her for raising her concerns. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements and Petitions by Board Members Commissioner Pelissier had no petitions. Commissioner Rich said the two resolutions from both the City of Durham and Durham County at the Commissioners' places were brought to her attention, and she wanted to bring them to the Board's attention. She said the BOCC should keep abreast of progress in Durham, prior to future discussions regarding pre Kindergarten in Orange County, to make sure the County does not fall behind what is going on regionally. Chair McKee asked the Manager to have staff gather more data on what is happening in Durham and other surrounding counties. Commissioner Price had no petitions. Commissioner Dorosin referred to budget discussions, and said he had brought up the suggestion of lowering the County's fund balance from the current 17% threshold. He suggested some of this balance may be used as an alternative to raising taxes. He said there is a question as to whether the threshold is a formal policy, which would require BOCC action 4 to change it. He would like some information from staff as to what the BOCC would need to do in order to change this number. John Roberts said it is not an ordinance, but may be a policy. He said, either way, the BOCC can change the threshold. Bonnie Hammersley said staff will be prepared for discussion during the budget work sessions. Commissioner Dorosin said he is looking forward to discussing this topic during the budget process. Commissioner Jacobs said he was looking at the Durham resolutions regarding Pre-K. He said there was already a meeting in the spring 2016 implying it may be over for that entity. He said it may be good to engage the University of North Carolina (UNC) on this subject. Commissioner Jacobs petitioned staff to speak to the Managers of Carrboro and Chapel Hill about developing a model plan on the piece of the Greene Tract that the Towns and the County co-own. He said he would like to see economic development, affordable housing, and active recreation components in the plan. He said the governments should be proactive with the property they own. Commissioner Burroughs had no petitions. Chair McKee had no petitions. 4. Proclamations/ Resolutions/ Special Presentations a. Resolution Honoring Captain Norman James Horton for 28 years of Law Enforcement Service and Awarding Him His Badge and Sidearm The Board considered adopting a Resolution honoring Captain Norman James Horton for 28 years of law enforcement service, and awarding him his badge and sidearm, and authorizing the Chair to sign. Commissioner Price read the resolution: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION HONORING CAPTAIN NORMAN JAMES HORTON FOR 28 YEARS OF LAW ENFORCEMENT SERVICE, AND AWARDING HIM HIS BADGE AND SIDEARM WHEREAS, Captain Norman James Horton joined the Orange County Sheriff's Office as a Deputy on June 20, 1988 and has held the ranks of Deputy, Corporal, Sergeant, Lieutenant, and Captain; and WHEREAS, Captain Horton's service and dedication to the Orange County Sheriff's Office and dedication, service, and accomplishments in the field of law enforcement during his 28 years of service are hereby recognized and commended; and WHEREAS, North Carolina General Statute § 20-187.2 provides that retiring officers of the Orange County Sheriff's Office may receive, at the time of their retirement, the badge worn or carried by them during their service with Orange County; and WHEREAS, North Carolina General Statute § 20-187.2 further provides that the Orange County Board of Commissioners may, in its discretion, award to a retiring officer the service sidearm of such retiring officer at a price determined by the Board of Commissioners, upon securing a permit as required by North Carolina General Statute § 14-402 et seq; and 5 WHEREAS, Captain Horton has served as a member of the Orange County Sheriff's Office for a period of more than 28 years and will retire from the Orange County Sheriff's Office on June 30, 2016; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners as follows: 1. Sheriff Charles S. Blackwood is hereby authorized in accordance with the provisions of North Carolina General Statute § 20-187.2 to transfer to Captain Horton the badge worn by him during his service with the Orange County Sheriff's Office; and 2. Sheriff Charles S. Blackwood is hereby authorized in accordance with the provisions of North Carolina General Statute § 20-187.2 to transfer to Captain Horton his service sidearm at no cost to the officer and upon his securing a permit required by North Carolina General Statute § 14-402. BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners recognizes and thanks Captain Horton for his dedicated service to Orange County and its residents. Adopted this the 7th day of June, 2016. A motion was made by Commissioner Rich, seconded by Commissioner Price for the Board to adopt the Resolution honoring Captain Norman James Horton for 28 years of law enforcement service and awarding him his badge and sidearm; and authorized the Chair to sign the Resolution. VOTE: UNANIMOUS Chair McKee presented Captain Horton with his sidearm and badge. Captain Horton said it has been an honor working for Orange County, and the best thing that has happened to him was working with Sheriff Blackwood and Jamie Sykes. b. Voluntary and Enhanced Agricultural District Designation: Multiple Farms- Parker, Sykes, Matheny, Brooks, Ward, and Finley The Board considered approving applications from multiple landowners/farms to certify qualifying farmland within the, Caldwell, Cane Creek/Buckhorn, White Cross, Cedar Grove, and Schley/Eno Voluntary Agricultural Districts; and enroll the lands in the Orange County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agricultural District (EVAD) programs. Gail Hughes, Orange County Soil and Water Conservationist, presented the following PowerPoint: Orange County Voluntary Farmland Preservation Program Voluntary and Enhanced Voluntary Agricultural Program June 7, 2016 Orange County VAD/EVAD Program Benefits of Agricultural Districts 6 ➢ Voluntary Agricultural District is a 10 year commitment for farm to be in active farm production, but the landowner can be withdrawn from the VAD at any time, for any reason, with a 30 day notification. ➢ Enhanced Voluntary Agricultural District is an irrevocable 10 year commitment to be in active farm production, therefore the "enhanced" qualifies farm for up to 90% cost share rates and a priority for state and federal grants funds. Benefits include: (listing a few) ➢ Makes public more aware of the local agricultural and its vital role in the economics of the county; ➢ Recorded notice of agricultural district property is recorded at County Land Records office; ➢ Land search on all properties within a 1/2 mile radius has notification of the agricultural status, therefore, the agricultural landowner has increased protection from nuisance lawsuits. ➢ Agricultural Preservation Board can request public hearings for proposed condemnation of VAD land and utility assessments may be suspended or waived on EVAD land if not connected to the utility. ➢ Farm may receive up to 25% of gross sales from the sale of non-farm products and still maintain its zoning exemption as a bona fide farm. (EVAD only) ➢ Signs are placed on farms, for public to know location of VAD/EVAD farms. Brief Farm Descriptions Parker Family Farm Randall and Renee Parker Owner Randal Parker has submitted an application to enroll two (2) parcels of land totaling 26.89 acres as qualifying farmland for the Voluntary Agricultural District program (VAD) in the Caldwell Agricultural District. The farm operation includes tobacco, small grain, hay and managed woodland. These parcels are adjacent to other parcels owned by the Parkers and are already enrolled into the Voluntary Agricultural Program. The Parker property has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. Sykes Family Limited Partnership Jeff Sykes Cane Creek/Buckhorn Agricultural District. Farm operation includes dairy cattle, pastures, corn, grain, hay crops and managed woodland/forestry acres. Owners of the Sykes Family Limited Partnership, Jeff Sykes and family, have submitted an application to enroll four (4) parcels of land totaling 284.96 acres as qualifying farmland; 125.61 acres for the Voluntary Agricultural District (VAD) program and 159.35 acres for the Enhanced Voluntary Agricultural District program (EVAD) in the Cane Creek/Buckhorn District. The farm operation includes dairy cattle, pasture, corn, grain, hay crops, and managed woodland. The Sykes property has been evaluated against each of the VAD and EVAD certification requirement standards and meets or exceeds all of the measures above. VAD=125.61 acres EVAD= 159.35 acres (included in an Orange County permanent conservation easement) Total farm acres = 284.96 7 Genesis Farm Dr. Trudy Matheny White Cross Agricultural District Farm includes pasture, hay crops, seasonal vegetables, cut flowers, fruits, and herbs. VAD = 17.98 acres Owner of the Genesis Farm, Dr. Trudy Matheny, has submitted an application to enroll two (2) parcels of land totaling of 17.98 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program located in the White Cross Agricultural District. The farm includes seasonal vegetables, cut flowers, fruit, and herbs. The farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. David and Leslie Brooks Crooked Creek Farm Caldwell Agricultural District Farm includes horses, pastures, hay crops, and managed woodland. VAD= 84 acres Owners of the Brooks Farm, David and Leslie Brooks, have submitted an application to enroll two (2) parcels of land totaling 84 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the Caldwell Agricultural District. The farm operation includes horses, pastures, hay crops and managed woodland. The Brooks Farm property has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. Joe and Katherine Ward Schley/Eno Agricultural District Farm includes livestock, pastures, and hay crops. Owners Lacy Joe and Katherine Ward have submitted an application to enroll three (3) parcels of land totaling 34.7 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the Schley/Eno Agricultural District. The farm operation includes beef cattle, pastures, and hay crops. The Ward Farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. VAD =34.7 acres Patsy Finley Stephen and Suzanna Finley Cedar Grove Agricultural District Fa Owners Patsy Finley and Stephen and Suanne Finley have submitted an application to enroll five (5) parcels of land totaling 88.73 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program in the Cedar Grove Agricultural District. The farm operation includes horses, pastures, hay crops and managed woodland. The Finley Farm has been evaluated against each of the VAD certification requirement standards and meets or exceeds all of the measures above. Farm includes horses, pasture, hay crops, wildlife habitat and managed woodland VAD =88.73 acres Orange County Voluntary and Enhanced Voluntary Agricultural Program • Requesting approval from Commissioners to accept six (6) farms into the program. 8 • 378* acres in the VAD • 159* acres in the EVAD. • If approved, total of acres increase in both programs: 537* acres • * = rounded acres Overview Map June 2016 VAD = 8914 acres EVAD = 2018 acres ` Total Acres =10,932* * = rounded acres A motion was made by Commissioner Price, seconded by Commissioner Rich for the Board to certify the six (6) farm properties noted above totaling 378 acres (VAD) and 159 acres (EVAD) (rounded acreage) as denoted in the attached documentation as qualifying farmland; designate it as a Voluntary or Enhanced Voluntary Agricultural District farm within the Caldwell, Cane Creek/Buckhorn, Schley/Eno, Cedar Grove, and White Cross Voluntary Agricultural Districts; and enroll the lands in the Orange County Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agricultural District (EVAD) programs. VOTE: UNANIMOUS With approval of these additional acres, the Orange County Voluntary Agricultural District Program will have enrolled 76 farms - totaling 8,914 acres in the VAD and 2,018 acres in the EVAD for a total of 10,932 acres (rounded) in the program. 5. Consent Agenda • Removal of Any Items from Consent Agenda • Approval of Remaining Consent Agenda A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to approve the Consent Agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda a. Minutes The Board approved the minutes from May 5, 10, 12 and 17, 2016 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release motor vehicle property tax values for five (5) taxpayers with a total of five (5) bills that will result in a reduction of revenue in accordance with NCGS. c. Property Tax Releases/Refunds The Board adopted a resolution, which is incorporated by reference, to release property tax value for one (1) taxpayer with a total of one (1) bill that will result in a reduction of revenue in accordance with North Carolina General Statute 105-381. 9 d. JCPC Certification for FY 2016-2017 The Board approved the Orange County Juvenile Crime Prevention Council (JCPC) Certification for FY 2016-2017 and authorized the Chair to sign. e. Impact Fee Reimbursement Request— Habitat for Humanity The Board approved the reimbursement of impact fees as requested by Habitat for Humanity in the amount of$84,345 for fifteen (15) homes recently constructed in the County for low income persons. f. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule for the September 2016 Quarterly Public Hearing — Secondary Uses The Board approved process components and schedule for an upcoming government- initiated Unified Development Ordinance (UDO) amendment for the September 12, 2016 Quarterly Public Hearing regarding the establishment and permitting of secondary uses in the UDO. g. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule — Modification of the Existing Zoning Boundaries for Non-Residentially Zoned Parcels The Board approved process components and schedules for Zoning Atlas Amendments within the Bingham, Cheeks, and Cedar Grove Townships. h. Request for Road Additions to the State Maintained Secondary Road System The Board made a recommendation to the North Carolina Department of Transportation (NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to add Phoenix Drive, Edgar Street, Lizzie Lane, and Gracie Circle in Phoenix Place Subdivision to the State Maintained Secondary Road System. i. Morinaga Public Water& Sewer - Transfer of Ownership to City of Mebane The Board transferred ownership of the recently constructed water and sewer utility infrastructure to the City of Mebane and authorized the Chair to sign. j. County Attorney and Clerk to the Board Employment Agreement Amendments The Board amended the Employment Agreements governing the terms and conditions of the County Attorney's and Clerk to the Board's employment. 6. Public Hearings NONE 7. Regular Agenda a. Bicycle Safety Task Force Appointments and Identification of Commissioner Liaison The Board reviewed applicants to the Bicycle Safety Task Force, consider an amended Bicycle Safety Task Force Resolution, and make appointments. ITEM DEFERRED to JUNE 21, 2016 MEETING b. Amendment to the Orange County Code of Ordinances — Mobile Food Vending Businesses The Board considered adopting rules regulating the operation of mobile food vending businesses in Orange County and authorizing the Chair to sign. John Roberts presented the following background information: 10 This item is presented in response to a Board petition to expand the opportunities for mobile food vending businesses in Orange County. Currently mobile food vending units are a lawful use of property in Orange County. The Orange County Code of Technical Ordinances ("UDO") does not address mobile food vending businesses. Recent court decisions have made clear that unless a use is specifically prohibited by law, the presumption will be for the free use of property in favor of the property owner. Among other things the proposed ordinance prohibits the operation of mobile food vending units on residentially zoned property, requires all permits and grade cards to be posted in a conspicuous location, mandates commercial general liability insurance coverage, imposes distance limitations on the siting of mobile food vending units, and prohibits the smoking of tobacco products within the confines, or within 100 feet, of mobile food vending units. Staff for both the Planning and Inspections Department and the Health Department consulted on the proposed ordinance and their suggestions are included in the draft. John Roberts said if any violations were incurred, it would be a misdemeanor. He said permits would not be issued, but rather violations would be reported as discovered by the public or a health inspector, to the Sheriff's department who would issue a citation. Commissioner Rich asked if John Roberts could give an example of a violation if a food truck is parked in a commercial parking lot. John Roberts said if there are only two parking spaces available, the food truck may not occupy those spaces and in turn interfere with the business. He said any violations would go against a property owner, not the vendor. Commissioner Rich referred to section C.8-120 and asked if there were limited hours when a truck can be in a commercial zone. John Roberts said time restrictions would still apply if the truck was within 200 feet of a residential area. He added that this is not an existing ordinance, and the BOCC can adjust the language, as it deems necessary. Commissioner Rich said she would like to look at that issue a bit closer, since 9:00 p.m. is very early as compared to others such as Carrboro, Durham and Raleigh. Commissioner Price asked if the ordinance would apply to areas such as the courthouse lawn. John Roberts said it only applies to Orange County's jurisdiction, the unincorporated sections of the County. He said the courthouse lawn would be in the jurisdiction of the Town of Hillsborough. He said County ordinances apply to County owned properties and parking lots. Commissioner Price asked if food trucks would be permissible at the Flea Market at Buckhorn. John Roberts said yes. Commissioner Price asked if there would be time restrictions, if the truck is in a purely commercial area with no residences nearby. John Roberts said time restrictions only apply to a commercial area that is within 200 feet of a residential area, or on any residential lot where there is a private event occurring. He said the idea of the time limitations is to be respectful of residents and late-night noise. Commissioner Price asked if food trucks would come under the same standards as a regular establishment. She said she imagines many patrons would walk or cycle to these food trucks. 11 John Roberts asked if Commissioner Price could clarify what she means by "same standards". Commissioner Price said when one opens a restaurant; one has certain parameters one must follow. John Roberts said no, the parking requirements for a restaurant are itemized in the Unified Development Ordinance (UDO). He said a commercial site has a minimum number of parking spaces that it must maintain, and if the food truck interfered with this number, then the property owner is responsible for insuring the proper numbers of spaces are available. Commissioner Pelissier referred to bona fide farms, and asked if they could have a food truck that is their own business or a food truck to come on to the property to host an event. John Roberts said it would depend what the food truck was for, and it would be allowed for a special event, cultural, or agri-tourism event. He said the biggest restriction is that food trucks cannot be allowed on undeveloped property. Commissioner Dorosin reviewed the parking issue. He asked if he had a business that was required to have 10 parking spaces, would he need to insure that all 10 remain available if a food truck was to be on site. John Roberts asked if the example is from the point of view of the property owner or the food truck owner. Commissioner Dorosin said he is unclear on who is responsible. John Roberts said it is his perspective that if a business must have 10 parking spaces available, and a food truck arrives without causing major impact to the flow of business, it would be acceptable, even if 10 spaces are not technically available. He said the Planning Department may disagree with him on this point. He said it may be a problem if all the spaces are filled and the food trucks arrive to wait for an open space, thus preventing customers from having access to the business. Commissioner Dorosin said that is problematic since these are the businesses spaces, and he is giving up two of them. John Roberts said it is only problematic if the issue is not resolved. He said if the property owner received a violation, it could be addressed between the property owner and the food truck owner. Commissioner Dorosin said there needs to be more clarity on this issue. Commissioner Burroughs asked if there are times when notices of parking lot violations are given out. John Roberts said he is not aware of any, but if it does arise, it is usually surrounding an up fit of an existing property. Craig Benedict, Orange County Planning Director, said the square footage, use and necessary parking spaces for a building are determined during the site plan process. He said the required number of parking spots must be built, and this is checked during the final certificate of occupancy process. Commissioner Burroughs said it is unlikely that the Planning Department would be seeking to find food truck violations to cite. Craig Benedict agreed with the Attorney that disputes would be resolved between the property owner and the food truck owner. He said the County would likely only get involved if the operation of the food truck is inconsistent with the UDO. PUBLIC COMMENT: Ashley DeSena said she agreed that the proposed time limits were a bit restrictive, but did understand the desire to be respectful of the noise ordinance. She said she did not fully 12 understand the rational for prohibiting a food truck on residential or undeveloped properties, outside of the given scenarios mentioned in the proposed language. She said as long as public safety standards are met, and the food truck complies in all other ways, she would find it acceptable to allow food trucks on residential property as well as undeveloped property. Ashley DeSena asked if this issue had been presented to the Planning Board. John Roberts said this would not go to the Planning Board because it is not part of the UDO. Ashley DeSena said she thought it would be good to go to the Planning Board to flesh this issue out and gather more public input. Commissioner Price said this came to the BOCC when Commissioner Rich petitioned to make these food trucks available, but she finds this proposed language to be adversarial to the food truck vendors. She agreed that these vendors should be held to the same health regulations as any other food establishments. Commissioner Rich said she does not understand the parking issue and asked if the food truck has to get permission to go onto a property. John Roberts said yes. Commissioner Rich asked if permission is received then why would parking be an issue. John Roberts said he does not see this as an overall problem, and he said hopefully the two entities, vendor and property owner, would have worked out parking issues beforehand. Commissioner Rich agreed. She said she does have a problem with the 9:00 p.m. stopping time and would like to have a conversation about changing this time. Commissioner Pelissier said she is not concerned about the 9:00 p.m. time limit, since it says it is only enforceable within 200 feet of a residence. She said she imagines that most food trucks will not be within this distance of a residence, unlike in municipalities where commerce and residences are more closely located. She said she would be willing to extend the time somewhat, but not too much later. Commissioner Dorosin referred to the section about permits and said it was his understanding that permits would not be required. John Roberts said that is correct. Commissioner Dorosin asked if the section pertaining to permits could be clarified. John Roberts said that referred to the health grade cards that a food truck must get from the Health Department, post and make available for inspection. Commissioner Dorosin referred to the question of time limits, and asked if other ordinances contained any distance requirements pertaining to residential properties or other prohibitions to food truck operations on residential property. Commissioner Rich said the other ordinances that she reviewed did not have such restrictions. Commissioner Dorosin said he would like to see a map showing the commercial areas in the County and where this ordinance would allow food trucks to operate. He said the question of time limits may be a moot point, as commercial areas may be few and far between. Commissioner Price said that is why she asked the earlier question about food trucks on Orange County property within the Town of Hillsborough at a later hour. Commissioner Pelissier said it is not the commercial properties that are an issue, but rather the farms in Orange County which are numerous and some may be within the limit of residential properties. Chair McKee asked if the nodes around intersections are considered commercial. John Roberts said yes. 13 Commissioner Rich said she is still concerned about the 9:00 p.m. time limit, and she would support moving it to midnight. A motion was made by Commissioner Rich seconded by Commissioner Dorosin for the Board to adopt the mobile food vending business provisions into the Orange County Code of Ordinances, and change the operation time from 8:00 a.m-12:00 a.m., authorize the Chair to sign the attached Resolution of Adoption, and authorize the County Attorney to make any minor non-substantive changes or corrections that may be necessary prior to submission of the amendment to Municode. Commissioner Jacobs said he would support the motion, if the ending time is 10:00 p.m. Chair McKee said he would also support the 10:00 p.m. time frame. Commissioner Rich asked if the time limit could be extended at a later date, if there was public demand to do so. John Roberts said the ordinance would need to be amended, which would be a straightforward process. Commissioner Dorosin suggested the option of keeping the time limit at midnight, but increasing the length of the residential limits. Commissioner Price said this is Orange County, and she questions if there will be many people searching for food trucks late at night. She said it is better to extend the hours than the residential limits. Commissioner Jacobs agreed that it is easier to regulate time than distance. Commissioner Rich said she would amend her motion to 10:00 p.m., but she would like to re-visit the conversation at a later date. Commissioner Price asked if special events would be exempt from this time limit. John Roberts said the time limit would include special events on residential properties, or within 200 feet of residential properties. Chair McKee agreed with Commissioner Jacobs on the time of 10:00 p.m. Commissioner Rich and Commissioner Dorosin agreed to amend the motion. A motion was made by Commissioner Rich, seconded by Commissioner Dorosin for the Board to adopt the mobile food vending business provisions into the Orange County Code of Ordinances, and change the operation time from 8:00 a.m-10:00 p.m., authorize the Chair to sign the attached Resolution of Adoption, and authorize the County Attorney to make any minor non-substantive changes or corrections that may be necessary prior to submission of the amendment to Municode. VOTE: UNANIMOUS c. Amendment to the Orange County Code of Ordinances Regarding Massage Regulation The Board considered amending the Orange County Code of Ordinances related to the regulation of massage practitioners and businesses and authorize the Chair to sign. John Roberts said this comes out of a request from the tax department, since they handle all of the licensing fees for these businesses, and they wanted to change some language in light of some legislative changes. He said this is not a privilege license fee, but rather has always been a regulatory fee. He said the language in the ordinance said privilege fee. 14 John Roberts said he made the proposed changes, along with a few other changes. He said he spoke to six massage practitioners who had paid this fee in 2015, and they should not have been charged this fee due to their practices being located outside of Orange County. He said those who have paid the County fee should not have done so. He said the Towns do not enforce such an ordinance. John Roberts said the State has their own licensing board on this issue, and those regulations are similar to those in the Orange County ordinance. He said he is changing "privileged" to "regulatory" and is asking the Board to repeal this section as it pertains to massage therapists, and only leave in the section that pertained to massage businesses. He said none of these businesses currently exist in Orange County. John Roberts said the proposed language requires business applicants to submit a certified criminal background check and addresses the issue of appeals. Commissioner Jacobs asked if the unnecessarily paid fees could be refunded. John Roberts said this could be pursued, and this only generated a few hundred dollars per year. Commissioner Jacobs asked if there is limit to how far back would John Roberts recommend refunding. John Roberts said he had only verified back to 2015. Dwane Brinson, Orange County Tax Administrator, said his office can review the records, and as people are located, his office can provide refunds. Commissioner Jacobs said the point at which the State changed the law seems to be a good cut off point. He said those who have wrongly paid the fee could be encouraged to donate the fees to the County. Commissioner Dorosin asked if the proposed amendment distinguishes between massage therapists, who are licensed by the State, and massage businesses. John Roberts said this amendment would apply to independent and stand-alone businesses for massage therapy, and it no longer applies to the individual massage therapists. Commissioner Price clarified that the change is being made from a privileged license to a regulatory license and asked if there is a difference between the two. John Roberts said one can get a privilege license, which allows one to do business in the County whether one actually does business or not. He said a regulatory license is for one conducting an activity in a part of the County where the County has authority. Commissioner Price asked if this is similar to someone applying for site plan development. John Roberts said no, this is not like a planning permit. He said this is much less time consuming. Commissioner Price asked if this is akin to a processing fee. John Roberts said yes, and he said it is a way to insure that businesses are being operated legitimately. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier for the Board to adopt these massage business amendments into the Orange County Code of Ordinances, authorize the Chair to sign the attached Resolution of Adoption, and authorize the County Attorney to make any minor non-substantive changes or corrections that may be necessary prior to submission of the amendment to Municode. Commissioner Jacobs added a stipulation that John Roberts and the tax office have a reasonable amount of time to reimburse those who have wrongly paid fees over the years. Both motion makers accepted this. 15 VOTE: UNANIMOUS d. Approval of Contract to Purchase Real Property— S.L. Efland Heirs and Approval of Budget Amendment#9-A The Board considered approval of a contract to purchase approximately 37 acres from the S.L. Efland Heirs, LLC for an expansion of the County's Soccer.com Center in Efland, approval of Budget Amendment#9-A and authorize the Chair to sign. David Stancil, Department of Environment, Agriculture, Parks and Recreation (DEAPR) Director, reviewed the background information, and showed some photographs via a PowerPoint presentation. He gave some facts and figures of the current facility, noting it has become a destination facility. The S.L. Efland Heirs, LLC owns approximately 37 acres located adjacent to Orange County's Soccer.com Center on West Ten Road in Efland. The County was interested in acquiring the property for an expansion of the soccer center facilities. Since the center opened in August 2009, there has been an increasing need for additional parking and playing fields; however there is no available space for new facilities on the existing County property. Rich Shaw, Land Conservation Manager, reviewed the contract information: The property is located four miles west of Hillsborough, and is part of a larger, 87-acre tract that is divided by Interstate 85/40. The County was only interested in acquiring the middle portion of the tract located south of the Interstate and north of West Ten Road. The 37-acre site shares a property boundary with the center and has 600 feet of frontage along West Ten Road. The existing Soccer.com Center is highly popular for both recreational leagues and also for club teams, tournaments and soccer showcase events. It features five full-sized soccer fields, one practice field, a 1A-mile walking track, concession stand, shelters, and restroom facilities. If the County acquires the adjacent property, it would allow for the potential of an additional three playing fields, vehicle parking, restroom facilities and a retention pond to capture stormwater and drainage from the existing fields. The collected water could be used to supplement well water used to irrigate the fields. Other potential uses of the site include nature/running trails and tennis courts. The site would address a significant need - additional parking. Currently, there are 108 spaces for vehicles at the park and another 120 spaces available for use at Gravelly Hill Middle School. There is a need for 250 additional parking spaces or more to accommodate league play and special soccer tournaments and events. The subject property is zoned Economic Development Buckhorn Higher Intensity (EDB-2), which is intended for a range of light industrial, distribution, retail, office, and services uses in the Buckhorn Economic Development District. Allowed uses include parks, government buildings, manufacturing, assembly and processing, wholesale trade, as well as various retail 16 and services with a conditional use permit. Although the property is in an Economic Development District, there are no public water and sewer services currently available to this site, and this particular property has topography that would have made it more expensive for a business to link the property to the existing or future public sewer network. The appraised value of the property was reduced by $300,000 to account for that constraint on land use. The property is entirely undeveloped and forested with a mixture of immature pine and hardwoods. A perennial stream runs from north to south along the eastern property boundary and will need to be buffered from any construction. The stream flows to a small wetland located in the far southeast corner of the property, and then enters a culvert under West Ten Road. The owners have agreed to sell the property to Orange County for $740,000 (appraised value). The County is currently completing its due diligence by completing a title search, a Phase 1 environmental site assessment (ESA), and a boundary survey. Following the completion of those items, and the findings are deemed satisfactory, the parties will schedule a closing for the transaction to occur by July 31, 2016 or as soon as possible thereafter. FINANCIAL IMPACT: The purchase price is $740,000 ($20,000 per acre), with an additional $12,000 - $15,000 anticipated in transaction costs (survey, Phase 1 ESA, title search/closing). A portion of the funding for the acquisition ($425,000) would come from the approved Capital Improvement Project funds budgeted for Soccer.com Center land acquisition in FY 2015-16, and the remaining approximately $330,000 would come from the Lands Legacy Capital Project. With this allocation, approximately $3.2 million remains available in the Lands Legacy Capital Project. Commissioner Jacobs asked if the number of acres at the existing complex is known. Rich Shaw said about 40 acres. Commissioner Dorosin clarified that the County owns the property and leases it to soccer.com. David Stancil said the County would own the property and the complex, and the naming rights have been sold to soccer.com. He said it is operated by Orange County staff, but there are many vendors and clubs that use the facilities and put on events for which they pay a fee. Commissioner Dorosin asked if the price for the naming rights could be given. David Stancil said there is a new 5-year contract, and it is approximately $35,000 per year. Chair McKee asked if the fees paid by users are standard, hourly, daily, on a floating scale, etc. David Stancil said there are two income streams. He said the first is the concession revenues, which are about $40,000/year. He said the fee revenue schedule is worked out each year, and it is in the County fee schedule. He said there is an in-County fee and an outside-County fee. Chair McKee asked if there is a ballpark number for the amount of revenue collected from fees. David Stancil said field permit revenues are $40,000 to 50,000 per year, for a total of $85,000 to $90,000 per year. He said this total does not include the Soccer Showcase, which would bring the total revenue closer to $100,000. Chair McKee said this is a net positive facility and an economic development driver. Commissioner Jacobs said this facility was put in an economic development district, because it was known that it would be an economic development driver. He said it is important 17 to highlight that there are significant natural areas behind the playing fields, which will be continuous when they connect to this new property. Commissioner Jacobs said he would like to know if teachers at Gravelly Hill School use these natural areas for educational purposes. David Stancil said there is also a cross-country trail. Commissioner Rich asked if the building of hotels is being encouraged in that area, and the Visitors Bureau would like to capture these bed nights with these tournaments. David Stancil said this is an international destination for soccer. Commissioner Burroughs said hotels are critical and need to be as close as possible to these fields. David Stancil said many tournaments require these players and families to stay in local hotels. Commissioner Jacobs said this Board had never seen the soccer symposium report from years ago, and he asked David Stancil to share this with the full Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Price for the Board to: 1) Approve the purchase of approximately 37 acres of land located on West Ten Road from the S.L. Efland Heirs, LLC and approve Budget Amendment#9-A with the amended Capital Project Ordinances; 2) Authorize the Chair to sign the contract on behalf of the County, subject to final review by staff and County Attorney; and 3) Instruct the County Attorney and staffs from DEAPR and Financial Services to schedule and complete a closing on the property expected to occur on or before July 31, 2016. VOTE: UNANIMOUS e. New Slogan for Interstate NCDOT Welcome Sign The Board reviewed slogans submitted for the Interstate Welcome Sign campaign that encouraged residents to help Orange County develop a slogan for its Interstate Welcome Signs and consider selecting a slogan to use on the Interstate Welcome Sign. Laurie Paolicelli reviewed the following background: BACKGROUND: Currently the North Carolina Department of Transportation (NCDOT) Interstate sign on 1-40 (west bound exit 269) uses the slogan, "You'll be a Fan for Life." NCDOT needs to replace the sign due to damage. Prior to its replacement, the Board of County Commissioners embarked on an initiative to develop a new slogan to be incorporated into the welcome sign. The slogan contest was implemented by the Orange County Visitors Bureau, using a local media partner to promote the campaign and track submissions. From the nearly 900 slogans submitted, the list was narrowed to 495. From there, duplicates and Chapel Hill (exclusively) slogans were eliminated, which provided 51 slogans, which were viable for consideration. At the contest's end in mid-January, the Visitors Bureau's media partner worked with the Board to narrow the list to 11. This list of 11 was posted on media sites for public review and feedback through an on-line opinion poll. Laurie Paolicelli said the response from the public was amazing. She said her media partners are signed up to speak on this, since they were intricately involved in this process and contest. She said all agreed to let the residents direct the conversation, and the residents 18 mostly told them of Orange County's progressive values and social justice assertiveness. She reviewed some of the highlights of the campaign via PowerPoint slides: • Nine week promotion, launched in December 2015 • 892 Total entries received • Four major themes: progressive values, Orange, Tar Heel, and the "other" blue team. • 2,000 fans voted on their top favorites • Picture and graphs • #1 vote: "Visit Today and Stay For Life". Laurie Paolicelli said it was made clear to voters that the quantity of votes received by a slogan would not necessarily determine the outcome in the contest. She said she is not recommending this one, as it so similar to the current slogan. She went through the top 11 vote getters. PUBLIC COMMENT: Jan Bolick said she is here representing WCHL, and said they were thrilled with their role in this contest and process. She said the campaign was launched in December 2015 and ran through January 2016 with on air interviews with Orange County Commissioners on this slogan process. She said when the slogans were whittled down to 11 they were put out as "fan favorites," noting to the public that the Board of County Commissioners would make the final choice. She said there was a great deal of excitement, which has hit a lull for three months while County staff and the BOCC were deliberating. Bob Burtman thanked the Board of County Commissioners for its support of his local radio station in Hillsborough. He said they were asked to participate in this process, and they were amazed at all of the positive reception and the admissions of slogans. He said public engagement was high. He encouraged the Board to pick a slogan in a timely manner, which recognizes this unique opportunity to reach many on the highways in Orange County. He said all four finalists are serviceable but two are fairly generic. Laurie Paolicelli showed the top vote getters on signs to give the Board a "visual". She said it is hoped that the new slogan will be added to Orange County buses, as well as Chapel Hill-Carrboro buses. Commissioner Jacobs asked if the new logo will be used on the sign. Laurie Paolicelli said the Department of Transportation (DOT) does not have a preference on the logo. Laurie Paolicelli showed a DOT "spec" for the sign and showed it to the Board. Commissioner Rich asked if the Orange County logo or seal will be in color. Laurie Paolicelli said yes. Commissioner Burroughs said the public has been involved, and it is time for the BOCC to move forward on this process. Commissioner Burroughs said she liked the old logo, but is excited about this process and hopes it can be finished this evening. Commissioner Burroughs suggested choosing between slogans #2 and #3. Commissioner Jacobs asked if having the logo and the phrase on the DOT Sign would be a bit busy. Laurie Paolicelli said DOT would insure all would be to scale, and the Board can use either the seal or logo. Commissioner Rich said she liked slogans #2 and #7. 19 Commissioner Pelissier said she liked slogans #2 and #3, but really preferred #2 Commissioner Price agreed with Commissioner Pelissier. Commissioner Dorosin said he wished the slogans were more unique. He said slogans #2 and #3 are probably the best ones, but are also generic. Commissioner Jacobs said none captivate him, but he would accept number#2. Chair McKee said he liked number#2. A motion was made by Commissioner Burroughs, seconded by Commissioner Pelissier for the Board to choose --Around the corner, ahead of the curve -- slogan to use on the new Interstate 40 Welcome Sign, and discuss other potential uses for the new slogan. Commissioner Dorosin said this was a successful process, since it did engage the public. Commissioner Price asked if a decision was needed regarding the use of either the seal or the logo. Laurie Paolicelli said it had been designed with the seal in mind, but DOT is open to either. She said a vote by the BOCC would be helpful. VOTE: UNANIMOUS A motion was made by Commissioner Price, seconded by Commissioner Burroughs to use the logo on the DOT signage. VOTE: UNANIMOUS 8. Reports a. Status Report on Orange County Community Centers The Board received a report on the current activity/status and operational plans for the County's three community centers. David Stancil presented the following information: At its annual retreat in January, the Board identified community centers as a top priority for the present and upcoming fiscal years. In June 2015 the Board also approved a top priority for the present and upcoming fiscal years. In June 2015 the Board also approved a new Community Center Coordinator position with the instruction to synchronize opportunities and activity at the two existing centers (Efland Cheeks and Rogers Road) and one under construction (Cedar Grove Community Center) with a plan using the Rogers Road Community Center as a model. With construction underway at Cedar Grove, David Caldwell was hired as the Community Center Coordinator and began work in late-January. Working with staff from DEAPR and AMS, Mr. Caldwell has been meeting regularly with resident groups in both the Efland Cheeks and Cedar Grove communities to plan for expanded and/or new center operations and to engage the public in organizing support boards for the centers, future center activities and program needs. Mr. Caldwell has also worked closely with staff to coordinate furnishings and equipment for the centers, while still maintaining an active role in the Rogers Road Community Center, which opened in January 2015. 20 Leveraging resources within and outside of County government, efforts have begun to create new and/or re-energized centers at Cedar Grove and Efland Cheeks along the Rogers Road model. At this time, there are emergent or existing non-profit associations at both locations as noted in the report. These associations have formed or are forming Boards of Directors, using the Rogers Eubanks Neighborhood Association as a template, and may offer an opportunity for operations agreements as early as this fall. As noted in the attached report of the abstract, as of June 1, all three community centers are operating on a regular schedule, with a base level of temporary staff support. The Rogers Road Community Center operates under its Operating Agreement with Orange County (a five- year agreement approved February 19, 2014). The Rogers Road Center is open Monday- Friday from 10:00 am to 3:00 pm with Center staff support, until 7:00 pm on weekdays using trained community volunteers, and on Saturdays for special events and programs. The Rogers Road Center is available for reservation through Orange County on Sundays. The Efland Cheeks and Cedar Grove Community Centers are open 10:00 am — 3:00 pm at present with the Community Center Coordinator and temporary part-time employees providing staffing. Using the community organizing efforts currently underway, the intention is to expand operational hours to the same as those at Rogers Road, once the nascent Cedar Grove Neighborhood Association (CGNA) and Efland Cheeks Neighborhood Association (ECNA— actual name to be determined) gain or renew formal non-profit "corporation" status from the State of North Carolina and secure necessary insurance. (Both organizations are also pursuing or renewing federal 501c3 non-profit status as shown in the attached report). At that time, trained volunteers will be able to operate the centers for extended hours. This model of initial operating is consistent with the Rogers Road Center approach. Staff support is provided from 10:00 am — 3:00 pm, with the community encouraged to organize and enter into an operating agreement with the County, at which time trained volunteers (under the oversight of the neighborhood association) can work at the center and extend the operating hours later in the day and on weekends to the degree desired by the neighborhood association and the County. Status report on Community Centers June 7, 2016 How we got here • Identified as Board Priority • Creation of Rogers Road and Cedar Grove Community Centers • Community Center Coordinator Hired • Meetings with Efland Cheeks and Cedar Grove community groups on interests and needs The model • Use the Rogers Road Community Center approach • Provide a "base" level of staff support (M-F 10-3) • Engage community to create neighborhood association and incorporate, form non- profit • Work toward developing operating agreements 21 David Caldwell, Community Center Coordinator, continued the presentation: Rogers Road Center • Opened November 2014 • Operated by Rogers Eubanks Neighborhood Association (RENA) • Leveraged additional hours through volunteers • Many program offerings through grants and community outreach Efland Cheeks Center • Opened 1992 • Programs and activities decreased in 2000's • United Voices of Efland Cheeks / The Collaborative • Center open 10-3 M-F, formation of neighborhood association underway Cedar Grove Center • Grand Opening - June 18 • Open M-F 10-3 - June 1 • Cedar Grove Neighborhood Association has elected Board of Directors • Community volunteers trained, on way to incorporation Conclusion • Communities engaged and working toward incorporation • County base support providing seed funding • Neighborhood associations working on needed legal paperwork to be able to contract with County • Goal — both new centers have expanded hours via operating agreements by end of calendar year Jeff Thompson, Asset Management Services Director, said he is very excited about this update and looks forward to continued progress in the months ahead. He opened the floor for questions. Commissioner Dorosin said the Rogers Road Center is in the heart of its community and can be safely accessed on foot. He asked if this is true at the other centers, and if access needs to be considered. David Caldwell said at the Cedar Grove Center, local churches are involved in volunteer transportation. He said seniors tend to take public transportation to the Center. He said the Efland Cheeks Center is a bit different. He said it is within walking distance, but is in a more dangerous area and is an unsafe walk due to the lack of sidewalks, safe crossings, and traffic signals. He said they are working with public safety to enhance this area. Commissioner Dorosin asked if there is a plan for paid staff to be hired at these locations. David Caldwell said there is one paid staff person and one community volunteer on site from 10:00 am to 3:00 p.m. Commissioner Jacobs said both of these sites will be accessible by bus service. He said at the Efland Cheeks Center, the Richmond Hills neighborhood is connected by a greenway and another neighborhood is being built on the other side. PUBLIC COMMENT: 22 Marie McAdoo said she is here on behalf of United Voices of the Efland Cheeks and the Community, and she said she would like to express thanks to the BOCC for the efforts made so far in her community. She said the part time employee is a plus for the community; however, there is disappointment that funds have not been allocated in the CIP to increase the size of the Efland Cheeks Community Center. She said promises have been made 15 years, but no action has been taken. She said this community center is the first to have been built by the community, but the County condemned it. She said the community is committed to supporting all ages with a variety of educational and recreational programming. She said the community is willing to work in partnership with the County, and asked if the County would consider allocating funds in the upcoming budget to improve the center now. Chair McKee said he has heard similar concerns from Board members, and he appreciated all that the community had done for this facility. b. SPOT P4.0 Transportation Funding Presentation The Board received an update on the SPOT P4.0 Transportation Project Funding process and the status of Orange County projects in the SPOT P4.0 process. Max Bushell, Transportation Planner, made the following PowerPoint presentation: Board of County Commissioners Strategic Planning Office of Transportation (SPOT) Prioritization 4.0 & Status of Orange County Projects June 7, 2016 Presentation Topics 1. State Transportation Improvement Program SPOT 4.0 Process 2. Local Metropolitan Planning Organization/ Rural Planning Organization Processes 3. Orange County Projects 4. Schedule moving forward SPOT Process State Transportation Improvement Program (STIP) updated every two years The STIP has two components: • Funded Section (Years 1-5) • Developmental Program (Years 6-10) Process managed through Strategic Transportation Office of Planning (SPOT) • Now in fourth round of prioritization (P4.0) • Reflects changes made through Strategic Transportation Investments (STI) law Strategic Transportation Investments law Enabling legislation passed in 2013 Encourages statewide and regional thinking about transportation and provides local flexibility Establishes process for creating the State Transportation Improvement Program o New funding formula includes all capital expenditures o All modes compete for same funds Strategic Transportation Investments law Project Scoring based on the Strategic Mobility Formula 23 o Data-Driven Approach o Local Input All projects receive a ranking from 0-100 based on quantitative criteria Three categories of funding o Statewide Mobility o Regional Impact o Division Needs Funding Categories* (Graphs) • Statewide mobility o Focus on significant statewide projects o 100% data driven • Regional Impact o Focus on regional projects o 70% data-driven, 30% local input • Division Needs o Focus on division projects o 50% data-driven o 50% local input Projects Cascade Down (chart) NCDOT Funding Regions and Divisions (map) Process and Timeline (chart) Local MPO and RPO Processes All local MPO/RPOs... • Receive a set number of Local Input Points to prioritize projects using their prioritization systems o DCHC receives 1,800 Local Input Points o B-G MPO receives 1,300 Local Input Points o TARPO receives 1,400 Local Input Points • Points typically allocated in order of NCDOT Raw Score —this maximizes likelihood of funding • Depending on MPO/RPO, points allocated differently • Coordination with Divisions is crucial Total of 23 Projects Carried Forward DCHC MPO PROJECTS * 17 projects submitted to SPOT P4.0 * 7 projects not carried forward in SPOT P4.0 * 15 total projects carried forward in SPOT P4.0 TARPO PROJECTS * 9 projects submitted to SPOT P4.0 * 3 projects not carried forward in SPOT P4.0 * 5 total projects carried forward in SPOT P4.0 B-G MPO PROJECTS * 3 projects submitted to SPOT P4.0 24 * 0 projects not carried forward in SPOT P4.0 * 3 total projects carried forward in SPOT P4.0 Orange County Projects (map) P3.0 County recommended a total of 22 projects • DCHC MPO — 12 projects • TARPO —4 projects • B-G MPO — 6 projects What was funded? • State Transportation Improvement Program (Years 1-5) o Hillsborough Train Station • Developmental Program (Years 6-10) o 1-85 to Durham County Line (originally submitted by Division 7) o South Churton Street Improvements — 1-40 to Eno River o Orange Grove Road Extension o Buckhorn Road Widening from US 70 to West Ten Road Only one County project actually funded P4.0 County initially recommends a total of 29 projects One project funded! Or is it? • 1-85 and South Churton Street Intersection Improvements o May be in STIP or in Developmental Program Six (6) more projects receive Regional Impacts level local input points More projects will received Divisions Needs level local input points Maybe 1 or 2 projects will make it to STIP and 3-5 into Developmental Program Key Takeaways Process designed to reduce list of many to list of few Coordination with the NCDOT Division is crucial • Both local MPOs/RPOs and Divisions must support project for it to receive funding Each MPO/RPO has a distinct process • Also, each MPO/RPO competes in different geographic area • The threshold for receiving funding is different Bicycle and Pedestrian projects are not a major focus of the State 9. County Manager's Report Bonnie Hammersley referred to the green handout at the Commissioners' places, which is the amendment list for the budget process and budget work session on June 9th Bonnie Hammersley said there is also a memo in reference to impact fees related to one of the amendments. 10. County Attorney's Report NONE 11. Appointments 25 a. Agricultural Preservation Board —Appointment The Board considered making an appointment to the Agricultural Preservation Board. A motion was made by Commissioner Pelissier, seconded by Commissioner Price to appoint the following to the Agricultural Preservation Board: • Appointment to a first full term (Position #5) "Schley/Eno Vol. Ag. Dist." representative for Nels Anderson, Ph.D. expiring 06/30/2018. VOTE: UNANIMOUS b. Alcoholic Beverage Control Board —Appointment and Chair Selection The Board considered making an appointment to the Alcoholic Beverage Control Board, and selecting the Chair. A motion was made by Commissioner Price, seconded by Commissioner Pelissier to appoint the following to the Alcoholic Beverage Control Board: • Appointment to a full term (Position #5) "At-Large" representative Jamezetta Bedford expiring 06/30/2019. VOTE: Ayes, 5 (Chair McKee, Commissioner Burroughs, Commissioner Pelissier, Commissioner Price, Commissioner Jacobs); Nays, 2 (Commissioner Rich and Commissioner Dorosin). Motion passed. A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to appoint Anjan Desai to (Position #5) "At-Large" representative expiring 06/30/2019. VOTE: Ayes, 2 (Commissioner Rich and Commissioner Dorosin); Nays, 5 (Chair McKee, Commissioner Burroughs, Commissioner Pelissier, Commissioner Price, Commissioner Jacobs) Motion failed. A motion was made by Commissioner Dorosin, seconded by Commissioner Price to appoint Greg Jarvis as Chair of the ABC Board. VOTE: UNANIMOUS c. Animal Services Advisory Board —Appointments The Board considered making appointments to the Animal Services Advisory Board. A motion was made by Commissioner Rich, seconded by Commissioner Price to appoint the following to the Animal Services Advisory Board; 26 • Appointment to a second full term (Position #2) "Veterinarian" representative for Dr. DeWana Anderson expiring 06/30/2019. • Appointment to a first full term (Position #5) "Town of Hillsborough" representative for Victoria Hudson expiring 06/30/2018. • Appointment to a first full term (Position #7) "At-Large" representative for Edmund Tiryakian expiring 06/30/2019. • Appointment to a second full term (Position #9) "Animal Welfare/Animal Advocacy" representative for Judy Miller expiring 06/30/2019. • Appointment to a second full term (Position #12) "Certified Animal Handler/Trainer/Technician" representative for Dr. Dr. Beth Grooms expiring 06/30/2019. VOTE: UNANIMOUS d. Board of Health —Appointments The Board considered making appointments to the Board of Health (BOH). A motion was made by Commissioner Burroughs, seconded by Commissioner Pelissier to appoint the following to the Board of Health: • Appointment to a first full term (Position #2) "At-Large Pharmacist" representative for Dan Dewitya expiring 06/30/2019. • Appointment to a second full term (Position #9) "At-Large Dentist" representative for Dr. Sam Lasris expiring 06/30/2019. • Appointment to a third full term (Position #10) "At-Large Physician" representative for Dr. Paul Chelminski expiring 06/30/2019. VOTE: UNANIMOUS SPECIAL NOTATION — In January 2016 the Board of Health voted to change the terms of each position to three (3) terms in accordance with NCGS 130A-35 from two (2) terms as has been the standard. Therefore each member in good standing will be eligible to serve three (3) three (3) year terms. Commissioner Jacobs said he had some concerns about the BOH going to three 3-year terms, but knows that the BOH Board and the Department of Social Services (DSS) Board have that legislative authority. He said only these two boards that have that authority and other boards are not permitted to do so. e. Durham Technical Community College Board of Trustees The Board considered making an appointment to the Durham Technical Community College Board of Trustees. A motion was made by Commissioner Price, seconded by Commissioner Rich to appoint Lee Storrow to the Durham Technical Community College Board of Trustees at the BOCC Appointee with a term expiring June 30, 2019. VOTE: UNANIMOUS 27 f. Hillsborough Board of Adjustment—Appointment The Board considered making an appointment to the Hillsborough Board of Adjustment. A motion was made by Commissioner Jacobs, seconded Commissioner Dorosin to appoint the following to the Hillsborough Board of Adjustment: • Appointment to a partial term (Position #1) "ETJ County Alternate" representative for Rob Bray expiring 06/30/2017. VOTE: UNANIMOUS 12. Board Comments Commissioner Burroughs had no comments. Commissioner Jacobs said there will be an update on the light rail tomorrow at the MPO, and he may find out the status of the Hillsborough Train Station. He said the cap placed on the light rail reportedly also affects the train station, as it caps commuter rail. He said he will let the Board of County Commissioners know the outcome. John Roberts said the cap is not law yet and it will be on the House floor tomorrow. He said he does not expect the issue to be resolved tomorrow. He said the cap does not restrict the train station until, and if, it is passed. Commissioner Dorosin had no comments. Commissioner Price reiterated that the grand opening of Cedar Grove Community Center will take place on June 18th Commissioner Rich said the Visitors Bureau and hotels are reporting lost revenue because of HB2. Commissioner Rich said she and Commissioner Jacobs attended the Farm to Fork event, and it was a great event where most everything was composted. She commended the Solid Waste Department for this impressive effort. She said she and Commissioner Jacobs were talking about how to make this event more accessible to the public. Commissioner Pelissier said she participated in the Direct Care Workers Recognition Ceremony, which was a positive event. Commissioner Pelissier said she attended a joint public hearing between Go Triangle and Capital Area Metropolitan Planning Organization (CAMPO), regarding the proposed Wake County transit plan. She said the overwhelming response was positive. She said CAMPO, Wake County, Go Triangle, and the Wake County BOCC have adopted the transit plan. She said Wake County approved a half-cent sales tax to be put on the ballot this fall. She said all of these updates are very exciting. Commissioner Pelissier referenced the Hillsborough Train Station, and said that the General Manager's work plan notes that the National Environment Protection Act (NEPA) process for the station is a priority for the upcoming year. She said this process will take about 18 months. Chair McKee attended the opening of Hollow Rock Park, which is a positive addition to the County. 13. Information Items • May 17, 2016 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis 28 • Tax Collector's Report— Measure of Enforced Collections • Tax Assessor's Report— Releases/Refunds under $100 • Development Impacts on Rural Areas • Regional Partnership Workforce Development Board 2014-2015 Annual Report • BOCC Chair Letter Regarding Petitions from May 17, 2016 Regular Meeting 14. Closed Session NONE 15. Adjournment A motion was made Commissioner Burroughs, seconded by Commissioner Rich to adjourn the meeting at 10:37 p.m. VOTE: UNANIMOUS Earl McKee, Chair Donna Baker Clerk to the Board