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Home My Public Portal About09-27-18 Agenda Work SessionOF HILLSBOROUGH -�OWN Agenda Board of Commissioners Work Session 7 p.m. Sept. 27, 2018 Town Annex Board Meeting Room, 105 E. Corbin St. Compliance with the American with Disabilities Act interpreter services and/or special sound equipment is available on request. If you are disabled and need assistance with reasonable accommodations, call the Town Clerk's Office at 919-296-9441. Please use the bookmark feature to navigate and view the item attachments. 1. Opening of the workshop 2. Agenda changes and approval 3. Committee updates and reports 4. Miscellaneous budget amendments and transfers 5. Special event permit: Mace/Hansley rehearsal dinner party at Gold Park 6. Draft proposed sidewalk seating ordinance revisions 7. Discussion of topics related to sidewalk seating 8. Increase public information specialist position from 0.48 FTE to 0.75 FTE 9. Resolution to approve an additional payment to Orange Rural Fire Department in FY19 10. Other business 11. Adjournment Human Resources Director/Town Clerk Katherine Cathey 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-296-9441 1 katherine.cathey@hillsboroughnc.gov www.hillsboroughnc.gov 1 @HillsboroughGov Board of Commissioners Agenda 1 1 of 1 Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 27, 2018 Department: Administration - Budget Public Hearing: ❑ Yes ® No Date of Public Hearing: PRESENTER/INFORMATION CONTACT: Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Miscellaneous budget amendments and transfers Attachment(s): 1. Description and explanation for budget amendments and transfers For Clerk's Use Only AGENDA ITEM # Brief Summary: To adjust budgeted revenues and expenditures where needed due to changes that have occurred since budget adoption. Action Requested: Consider approving budget amendments and transfers. ISSUE OVERVIEW Back round Information & Issue Summary: n/a Financial Impacts: As indicated by each budget amendment. Staff Recommendations/Comments: To approve the attached list of budget amendments. 4 Consent Regular Closed Agenda Agenda Session Brief Summary: To adjust budgeted revenues and expenditures where needed due to changes that have occurred since budget adoption. Action Requested: Consider approving budget amendments and transfers. ISSUE OVERVIEW Back round Information & Issue Summary: n/a Financial Impacts: As indicated by each budget amendment. Staff Recommendations/Comments: To approve the attached list of budget amendments. EBRADFORD 09/24/2018 11:27:46AM Page 1 of 1 fl142r03 TOWN OF HILLSBOROUGH FY 2018-2019 BUDGET CHANGES REPORT DATES: 09/27/2018 TO 09/27/2018 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET GF- 10-00-9990-5300-000 CONTINGENCY Contingency To cover cost of new copier contract 12658 09/27/2018 JDELLAVAL 200,000.00 -1,200.00 188,300.00 Planning 10-10-4900-5300-452 C.S./COPIER To cover cost of new copier contract 12659 09/27/2018 JDELLAVAL 0.00 1,200.00 1,200.00 Police - 10-20-5100-5100-010 OVERTIME COMPENSATION Admin. To cover Superion shortage 12655 09/27/2018 JDELLAVAL 12,500.00 -62.00 11,283.00 Police - 10-20-5100-5300-458 DATA PROCESSING SERVICES Admin. To cover Superion shortage 12656 09/27/2018 JDELLAVAL 12,100.00 62.00 13,317.00 0.00 EBRADFORD 09/24/2018 11:27:46AM Page 1 of 1 fl142r03 PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner ITEM TO BE CONSIDERED Subject: Special event permit: Mace/Hansley rehearsal dinner party at Gold Park — request for town board approval of a 'private event on public property' where there is alcohol service to guests of a private event at Gold Park Attachment(s): 1. Special event permit application 2. Vendor's ABC permit 3. Certificate of insurance (COI) for liability Brief Summa This is a proposed private event to be held at Gold Park for the Mace/Hansley rehearsal dinner. The couple would like to have their caterer be able to serve beer and wine in addition to food for their 21 and older guests in order to celebrate their upcoming nuptials. ABC has been contacted (Sally Blackmon, Compliance Officer) and the vendor may serve alcohol to the guests of the private event under their on -premise ABC permit for a catering event off - premise. Napoli will be checking identification at the point of service and the event organizer(s) will advise their guests to stay in the pavilion area with beverages. Action Requested: Approve, approve with conditions, or deny request for alcohol service at a private event in Gold Park. ISSUE OVERVIEW Background Information & Issue Su Town board approval is being sought because Article II. Sec. 5-8.b. of the Hillsborough Town Code references the ability for an applicant to seek the allowance of service, possession, and consumption of malt beverages and unfortified wine within the town right-of-way or on town property during public events upon the issuance of an alcohol permit by the town board. However, there is no language in the Code that addresses the service of alcohol on town property for private events. The same information is being provided as is required for the approval of alcohol service for public events. However, this event is not open to the public, and the alcohol service will be limited to guests of the event. As a result, the applicant is not proposing to install any kind of beer garden or separate alcohol area. However, Napoli will be checking identification at the point of service, and the event organizer will advise their guests to stay in the pavilion area with beveraaes. Financial Impacts: None Staff Recommendations/Comments: None. TOWN OF H I LLSBORO- SPECIAL EVENT PERMIT APPLICATION ta_3 S Pam e/z3 Please review the Event Policy Ordinance, Chapter 7 of the Town Code, to determine if your event requires a Special Event Permit. The Permit Application must be received 60 days in advance of the event. If you are seeking Town sponsorship of your event, you must submit a written request for sponsorship to the Town Board at least 60 days in advance of the event. Name of Event: Event Location Address: GPP JC� RWIII,4- rim `�(Ae-),-ke'_ Date(s) of event: Se kek _ 2$ ttti Event Set Up Time: S'•36 Event Hours: _5.30 ^ Event Break Down: %00 Date(s) of event: Event Set Up Time: Event Hours: Event Break Down: EVENT ORGANIZER & CONTACT INFORMATION Name of Organization/Company: �30CL Organization/Company mailing address: l IIII, i?-50-VLCS Nye 4 I 5140_rJ LTIAr. 'Alit Organization Status: E] Formal �?nformal ❑ For-profit ❑ Not-for-profit Event Organizer Name: &J8rAA,& Acixx Event Organizer Phone:Q�-6W On -Site .1Contact(s) During the Day -of Event Name: N PN,- ma. -2 Name:('e�►h&C iAt 1i "Fje, P Event Organizer Email:jj&&b*JotC2 Cell Phone: q -6 W -Of Cell Phone: C.&C - b 1 S GENERAL EVENT INFORMATION Type of Event: ❑ivate Event on Private Property E] Public Event on Public Property LF Event on Public Property ❑ Public Event on Private Property ❑ Street or Greenway Event (Parades, Marches, Rallies, 5Ks, Bike Races) General Event Description (Narrative outlining event purpose and elements including food trucks, car shows, races, vendors, etc): ■ r � a I r � �" a� �w r 101 East Orange Street • P.D. Box 429 • Hillsborough, North Carolina 27278 919-296-9477 • Fox 919-644-2390 Estimated number of people that will attend the event: 50 Estimated peak time attendance: X00 Maximum capacity of event location (number of persons, if applicable): N If the event is annual, the estimated attendance of the last event of this kind: k) A GENERAL EVENT QUESTIONNAIRE Will tickets be sold or admission/fees be charged as part of the event? ❑ YES 2'NO Will there be alcohol sold or provided as a part of this event? ❑ YES VNO If yes, please indicate the vendor(s) and/or ABC permit holder(s) responsible for the alcohol sales/distribution and attach a copy of the ABC permit(s) : Please note: Alcohol may only be sold by vendors with an off -premise permit or by event organizers with a special one-time ABCsales permit. Alcohol sales may be subject to the prepared food & beverage tax. Will vendors be on-site selling goods/crafts/wares during the event? []YES L:�'WO Please note: All vendors without locations in town will be required to obtain on Jnerant Merchant Perm, from the Finance Department. If yes, please include the list of vendors and an Itinerant Merchant Permit application for each: (attach additional sheets if needed} Will vendors be on-site selling food/beverages during the event?❑YES i Please note: All vendors without a location in town and food trucks that are not registered in town that are selling prepared food/beverage will need to ;: retuay the Food & Beverage Tax with the Finance Department. If yes, please include the list of food/beverage vendors and a One -Day Food & Beverage Tax application for each: (attach additional sheets if neededF Will you be soliciting donations as part of the event? ❑ YES 2 NO If yes, for what cause or organization? Will you bring additional equipment? Please Explain: 12; C'18 t c_ Ve Will any items be left at the event site overnight? Please Explain: O'YES ❑ NO ❑ YES 216 101 fast Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278 919-296-9477 • Fax 919-644-2390 Will signs or banners be displayed on site or around Town? ❑ YES OINO Please note: must be applied for and permitted separately BEFORE signage is placed. Will tents be erected for the event? ❑ YES �NO If yes, how many and what size? Please note: Tents may require a permit and inspection by the Fire Marshal's offic- depending on size and number. Tents should be shown with location and dimensions on event map/layout. Will you provide (portable) restroom facilities? ❑ YES ONO Please note: Restroom facilities are required to be provided by Special Event organizers depending on attendance numbers and duration. Local Business, Town, and County facility restrooms may compliment, but not become a substitute for, providing adequate restrooms for the event. Will you provide (portable) handwashing facilities? ❑ YES �2 0 Please note: Handwashing facilities are required for events that include on site food preparation and/or sales without direct or immediate sink access. Will the event require any street closures or change in traffic flow? ❑ YES PVO Will the event require additional trash and recycling facilities? ❑ YES L2<0 Will you request that the Town provide any specific services in conjunction with this event (i.e. Police, Road Closures, Traffic - ❑ YES P40 Control, Trash and Recycling Services)? Please note: Events requesting Town Sponsorship of such activities must apply at least 90 days in advance of the event to be considered. EVENT MAP/LAYOUT REQUIREMENTS With this application, you must attach a map of the area where the event is to take place and indicate the following: • Traffic flow; including any streets requested to be closed or obstructed (locations of barriers and officers will be determined by Law Enforcement). • if the event includes a parade, greenway closure, etc. then the route of the event should be clearly shown. • Parking areas where event attendees will be directed that are adequate for event attendance. Please note: The Eno River deck has only 400 parking spaces. • Pedestrian access and flow. • The location of any concession stand, food truck(s), booth, or other temporary structures, tents, stages or facilities; and the location of proposed fences, stands, platforms, benches, or bleachers. • The location of restroom and/or handwashing facilities. A street map and a map of Gold Park are available on the Town's website. Google Maps is also an excellent resource. Contact Staff if you need assistance with providing an event layout or route map. 101 East Oronge Street • P.O. Sox 429 • Hillsborough, North Carolina 27278 919-296-9477 • Fox 919-644-2390 EVENT LIABILITY INSURANCE REQUIREMENTS Name of insurance company providing liability coverage for the event: Contact information for broker/agent providing coverage: EVENT PROPERTY USE PERMISSION If the event will be located on property that is not owned/managed by the event organizer then the property owner must indicate consent for the use of their property below: 2qA, - 9 Name of Property Owner Phone Signature of Property Owner Date TOWN LIABILITY AGREEMENT I, the applicant, agree to indemnify and hold harmless the Town of Hillsborough, its employees, and its agents from and against any and all liability for any injury which may be suffered in connection with this special event approval or park reservation. I also hold harmless the Town of Hillsborough, its employees, and its agents from and against any liability for any equipment or supplies lost, damaged, or stolen, that are stored or otherwise as a result of this special event. Ap icant Signat a Data/ SUBMITTAL DIRECTIONS: Please submit to: Hillsborough Planning Department ATTN: Shannan Campbell P.O. Box 429 101 E. Orange Street Hillsborough, NC 27278 Shan nan.CampbeilLa)hillsboroughnc;gov 101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278 919-296-9477 • Fax 919-644-2390 FOR OFFICE USE ONLY: Application receiv d by: Date: 01 23 7,P116 Permit Status Approved ❑ YES ❑ NO Explanation: Approved with conditions By: Town Staff Member Forwarded to others for review/information: Fire Marshal Police Department Fire Department _ Public Works Finance Date: Other- NCDOT, Town Public Space Manager, Orange County DEAPR, Orange County AMS 101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278 919-296-9477 • Fax 919-644-2390 ABC C North Carolina Alcoholic Bcvera e Control Coinmission 0_ F- ...... TEMPORARY PERMIT o r T00269350 rr ISSUED TO: DATE ISSUED: 98/2912018 Napoli Gourment Pizza Inc Napoli Cafe DATE EXPIRES: 12/17/2018 195 East Main Street Carrboro, NC 27510 COUNTY: Orange CITY: Carrboro The following; permit(s) are hereby issued: ON PREMISES MALT BEVERAGE G.S. 18B-1001(1) ism ON PREMISES UNFORTIFIED WINE G.S. 188-1001(3) j This certifies that the above named permittee is authorized to sell, possess, transport and/or allow possession or alcoholic beverages on the premises designated above in accordance with the applicable provisions of Chapter 18B of the General Statutes and the Rules of the Commission, This permit is valid for not more than 180 days from the issue date unless sooner extended, suspended or revoked and is not transferable. 4 Chaimitu: / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 09/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT CARLA MOORE NAME: Colonial Insurance Agency Hillsborough (919) 732-2191 FA (919) 732-2192 SCC Ext): No : E-MAIL carla@colonial-agency.com EACH OCCURRENCE $ 1,000,000 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # PO Box 490 INSURERA: Erie Insurance Exchange 26271 HILLSBOROUGH NC 27278 INSURED INSURER B: INSURER C : NAPOLI GOURMET PIZZA INC INSURER D: 110 HUNTER HILL PL INSURER E: INSURER F: CHAPEL HILL NC 27517-9128 COVERAGES CERTIFICATE NUMBER: CL1892003055 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FX OCCUR DAMAGE TO PREM SES Ea oNcuEr ante $ 1,000,000 MED EXP (Anv one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Q43-2650805 07/26/2018 07/26/2019 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT LOC PRODUCTS-COMP/OPAGG $POLICY❑PRO 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AOWNED ONLY AUTOS Q07-2630855 07/26/2018 07/26/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY(per., X UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ A EXCESS LIAB Q31-2670313 07/26/2018 07/26/2019 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEEl OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Gold Park 415 Dimmocks Mill Rd Hillsborough NC Certificate Holder is additional insured with respects to General Liability. CERTIFICATE HOLDER CANCELLATION @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Hillsborough ACCORDANCE WITH THE POLICY PROVISIONS. 101 East Orange St AUTHORIZED REPRESENTATIVE Hillsborough NC 27278fs - @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 27, 2018 Department: Planning Public Hearing: ❑ Yes ® No Date of Public Hearing: N/A For Clerk's Use Only AGENDA ITEM # PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner and Margaret Hauth, Assistant Town Manager/Planning Director ITEM TO BE CONSIDERED Sub'ect: Draft proposed sidewalk seating ordinance revisions Attachment(s): 1. September 2018 private use of public space (PUPS) ordinance revision recommendations Brief Su In Summer 2017, a PUPS ordinance was developed by staff with community and stakeholder input due to the increase in requests by private businesses to utilize the new, wider sidewalks installed as part of the CSAIP project along Churton Street. This ordinance was adopted in September 2017 with the enforcement date postponed until January 2018 to allow local business owners time to learn the ordinance requirements, plan for any displays and seating areas that they may want to put into place, and apply for the permits. Action Requested: Approve the ordinance modifications, approve with conditions/suggested changes, or deny the ordinance modifications. ISSUE OVERVIEW Backaround Information & Issue Su During the latter portion of the project and upon conclusion of the CSAIP sidewalk project staff received complaints regarding the following issues that were addressed in the new PUPS ordinance but were not yet being enforced. These included the following main issues: • Complaints regarding pedestrians walking in and out of dining areas and confusion as to where the clear pedestrian path was located and whether it was properly navigable for ADA compliance. • Concerns that food and alcohol were being served and/or being brought from one restaurant or pub's dining area to another, violating an establishments' ABC permits and town code. • Concerns that dining tables and chairs were migrating across the full width of the sidewalk during peak food and beverage service days and at times, making the sidewalks impassible for pedestrians. • Concerns that sidewalk sandwich board signs were not in uniform locations in the streetscape and were causing trip hazards by being located in and across the full width of the sidewalk. In January 2018, staff started working with the Chamber of Commerce and individual business owners to gain compliance with the new PUPS ordinance Dut into Dlace Seotember 2017. As of April 2018. none of the restaurants 6 Consent Regular Closed Agenda Agenda Session PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner and Margaret Hauth, Assistant Town Manager/Planning Director ITEM TO BE CONSIDERED Sub'ect: Draft proposed sidewalk seating ordinance revisions Attachment(s): 1. September 2018 private use of public space (PUPS) ordinance revision recommendations Brief Su In Summer 2017, a PUPS ordinance was developed by staff with community and stakeholder input due to the increase in requests by private businesses to utilize the new, wider sidewalks installed as part of the CSAIP project along Churton Street. This ordinance was adopted in September 2017 with the enforcement date postponed until January 2018 to allow local business owners time to learn the ordinance requirements, plan for any displays and seating areas that they may want to put into place, and apply for the permits. Action Requested: Approve the ordinance modifications, approve with conditions/suggested changes, or deny the ordinance modifications. ISSUE OVERVIEW Backaround Information & Issue Su During the latter portion of the project and upon conclusion of the CSAIP sidewalk project staff received complaints regarding the following issues that were addressed in the new PUPS ordinance but were not yet being enforced. These included the following main issues: • Complaints regarding pedestrians walking in and out of dining areas and confusion as to where the clear pedestrian path was located and whether it was properly navigable for ADA compliance. • Concerns that food and alcohol were being served and/or being brought from one restaurant or pub's dining area to another, violating an establishments' ABC permits and town code. • Concerns that dining tables and chairs were migrating across the full width of the sidewalk during peak food and beverage service days and at times, making the sidewalks impassible for pedestrians. • Concerns that sidewalk sandwich board signs were not in uniform locations in the streetscape and were causing trip hazards by being located in and across the full width of the sidewalk. In January 2018, staff started working with the Chamber of Commerce and individual business owners to gain compliance with the new PUPS ordinance Dut into Dlace Seotember 2017. As of April 2018. none of the restaurants had come into compliance with the ordinance. In May 2018, two restaurants (Panciuto and Wooden Nickel's new location) had made applications for permits for outdoor seating areas meeting the new ordinance requirements. By the end of June, both locations had preliminarily -approved sidewalk seating permits and began construction of their ordinance -compliant outdoor seating areas. The installation of delineated outdoor seating areas on the sidewalk was a major change to the streetscape, and during the construction of the outdoor seating areas, there was a great deal of input provided by citizens, visitors, business owners, and other town stakeholders regarding the designs, aesthetics, maneuverability, and function of the outdoor seating areas. Many of the concerns focused on enforcement of ordinance provisions as well as the requirement of other businesses with outdoor dining to come into compliance with the current ordinance. Staff has made some suggested changes to strengthen the ordinance language and application in the field after receiving feedback from the Historic District Commission, Hillsborough Merchants Committee (Chamber of Commerce), NCDOT, and compiling questions, comments, and complaints from business owners and the general public. The following main changes/updates have been made to the ordinance language: Staff: • A deadline on the installation/completion of sidewalk dining areas (i.e. 30 days) from start to finish. • Update the current 4' around street obstructions to 5' for increased pedestrian accessibility and align with NCDOT and legislative guidance. • Codify that the height of seating delineators not be greater than 4' in height at any point (unless HDC full board approval obtained) and not any lower than 3' (as not to create trip hazards). • Add language that allows more flexibility along the road frontage of the seating area if furniture is fixed vs. movable with consideration for level of activity in the seating area. • Add language that includes annual permit renewal and sets legal non -conforming status for seating area installations put into place between January 2018 and September 2018. I:I1Z43 • All design proposals shall include full-color elevations with full dimensions of the front of the building and seating area, showing the proposed display or seating areas with the designs as they will look once constructed from the street at grade. • Each proposed barrier design must provide a minimum of 50% transparency to maintain the visibility of the building and its architectural features. • Encourage use of live plantings to be incorporated into the design. Chamber/Merchants: • Reinforce language in ordinance and application materials regarding having patrons be "seated" vs. standing/congregating. (Not being seated is causing issues with accessibility. See the enforcement section below on this item) • Include language in ordinance and application setting the limits of seating area capacity based on provided seat numbers. • Include language in ordinance and application encouraging business owners to remove or store tables, chairs, umbrellas, and seating area delineations against the building and out of the way when not in use/seasonally. Enforcement The Planning Department has staff capacity to handle the review and annual permitting for sidewalk seating. Planning does not have the staff capacity to be able to regularly patrol seating areas for compliance with all standards of the town code ordinance, particularly late-night. The bulk of concerns arise outside of regular business hours. Having a regular presence observing behavior in outdoor seating areas would be a 0.5 full-time equivalent (FTE) position. The police department also does not have the capacity to regularly patrol seating areas for compliance. Working only on a complaint -based basis could lead to some issues with equal application of the ordinance to all business owners. If these types of issues are going to be considered when permits are renewed, we will need some method to objectively collect information about how well a business complied with their permit. Continued downtown vibrancy Town staff is working with the Hillsborough Merchants Committee and Chamber of Commerce to continue growing the vibrancy of the downtown area to build on the activity of the outdoor seating areas and increase the volume of daytime retail shoppers and patrons. Items that are being coordinated include: • Exploring options for the installation of year-round decorative up -lighting for street trees • Additional signage along the pedestrian pathway (current conversations include options for sandwich boards and hanging signs, as well as window signs at pedestrian eye -level) • Options for adding decorative lighting to existing utility poles • Creating more opportunities for public art shows/displays along with merchandise displays to entice retail customers to storefronts • Creation of a one-page information sheet for local businesses that includes possibilities for business owners to promote their business across various media. Financial Impacts: There is no direct financial impact to town operations. However, streetscape vibrancy and activity play an active role in town economic development. Staff Recommendations/Comments: Staff recommends approval or approval with changes/suggestions. Sec. 5-8.a. - Private use of Public Space- Allowance of outdoor seating on public sidewalks upon issuance of an outdoor seating permit (a) Purpose. The Town Board recognizes that allowing outdoor seating dining -in Hillsborough may be beneficial to food and/or beverage service establishments and their patrons, and may contribute to a healthy and vibrant business environment. The purpose of this section is to allow proprietors of food and/or beverage service establishments in Hillsborough to apply for and, if an applicant meets the criteria established in this section and otherwise complies with all applicable statutes, ordinances and permits or licenses under which they operate their business, to obtain from the town a permit to serve customers at tables placed outside of, and immediately adjacent to their places of business on the public sidewalk. The Board of Commissioners recognizes that proprietors of food and/or beverage driRk service establishments may need to obtain permission from other regulatory boards or agencies in order to provide outdoor seating, and proof of such permission is included in the requirements to be met prior to issuance of a permit under this section. Nothing in this section should be construed as authorizing activities which are otherwise prohibited by law or by any other permit or license held by or required of a food and/or beverage service establishment seeking the permit authorized by this section. (b) Notwithstanding the general prohibition on the obstruction of or impediment to travel in the public streets or sidewalks within the town established by section 7-1 of the Hillsborough Town Code, the proprietors of food and/or beverage dservice establishments in Hillsborough may provide and allow table service for outdoor seating at tables located on public sidewalks upon issuance of an outdoor seating permit issued by the town staff and in accordance with this section. (c) Notwithstanding the general prohibition on the consumption of alcoholic beverages on public sidewalks established by section 5-8 of the Hillsborough Town Code, beer, wine and other alcoholic beverages may be consumed at tables provided for outdoor seating in accordance with this ordinance, provided: (1) The proprietor of the food and/or beverage drink service establishment seeking to provide outdoor seating obtains an outdoor seating permit from the town; (2) The proprietor of the food and/or beverage drink service establishment seeking such a permit is authorized by its ABC permit to serve beer, wine and/or other alcoholic beverages in the outdoor seating area as authorized by this section; (3) The proprietor seeking and obtaining such a permit shall be responsible for maintaining order in the outdoor seating area. All customers consuming beer, wine or other permitted alcoholic beverages at the outdoor seating area provided shall remain seated, and shall not stand in, or otherwise obstruct or impede pedestrian travel on the public sidewalks. Customers additionally shall not be permitted to move, re -arrange, or re -organize the outdoor seating area such that it obstructs or impedes pedestrian travel on the public sidewalks or pedestrian travel to and through the entrances/exits of the food and/or beverage service establishment. (d) Permit for outdoor seating on public sidewalks. The proprietor of a food and/or beverage dr+nk�service establishment in Hillsborough desiring to provide outdoor seating on a public sidewalk must obtain a permit from the town authorizing such outdoor seating prior to commencing such service. Any permit issued shall remain in effect,, until the yearly renewal of the outdoor seating permit in January of each year or until such a time that the proprietor of the food and/or beverage dfi service establishment decides to alter the layout, furniture and/or seating area fUFRKtUFe materials, barriersseating area delineations, or planter materials, whichever occurs first. Permits shall be renewed annually by the Town, including those outdoor seating areas with features non -conforming to all standards of this ordinance, so long as the non -conforming seating area was once previously conforming and at one time legally permitted under this ordinance and so long as the seating area is not expanded, altered, changed or relocated in such a manner as to increase the non -conformity. Proprietors of food and/or beverage service establishments will have thirty (30) days from the day in which their preliminary outdoor seating permit is approved to install the outdoor seating furniture, Page 1 fixtures, and area delineations, per the approved plans. Outdoor seating permit applicants may request one (1) fifteen (15) day extension with an explanation for the delav in installation. An applicant may be granted an outdoor seating permit upon providing the following information, layout, documentation, and applicable fee(s)--. : (1) An outdoor seating permit application provided by town staff that indicates the business address, planned hours of outdoor seating operations, indication of the intent to serve alcohol in the outdoor seating area and if so a copy of the applicants ABC permit allowing such, and any other information about the outdoor seating area needed in order for staff to address and/or mitigate any negative impacts the outdoor seating area may have on the enjoyment of the public sidewalks by non -customers of the food and/or beverage drink establishment. Additionally, a Certificate of Appropriateness application is required for those food and/or beverage service establishments located within the Historic District-; and {2) A photograph, map, and/or drawing of the proposed location of the seating area; and (3) be used. A full-color elevation -view plan with full dimensions of the front of the building and prepesed-showinq the proposed seating area(s) locations -and designs as they will look at grade from the street once installed Additional IV, photographs, samples, and descriptions, including materials, of the proposed outdoor seating furniture and fixtures to be used are required. Outdoor seating area furniture and fixtures (such as planters or outdoor seating area barriersdecorative fences) shall be constructed of high quality materials consisting of wood, metal, concrete, or natural fibers... -No vinyl, plastic, or synthetic furniture or materials shall be used. A physical delineation indicating the limits of the seating area should be shown and installed around the perimeter(s) of the seating area, this can include, but is not limited to: planters, rope, and decorative fencing constructed of a high-qualitV materials consisting of wood, metal, concrete, or natural fibers. The physical delineation shall be no taller than four (4) feet (unless there is a full HDC board review and Certificate of Appropriateness approval of height) and no shorter than three (3) feet in height. Each proposed outdoor seating area design must provide a minimum of 50% transparency to maintain the visibilitV of the building and its architectural features. Applicants are encouraged to incorporate planters and live plant materials into their designs for aesthetic appeal. Applicants are also encouraged to remove and/or store tables, chairs, umbrellas, planters, and seating area delineations against the building and out of the way when not in use and/or out -of -season. The only permitted shade structures to be used in outdoor seating areas on public sidewalks are umbrellas which must be mounted on a high-quality metal pole with a metal base. Umbrellas must be constructed of natural woven fibers or UV -treated polyester and may not be plastic or vinyl. Umbrella fabric may not have any signage, advertising (including logos), or lettering. Umbrellas may not be larger in diameter than the tables they are providing shade for and may not encroach into the clear pedestrian path. (4) -A scaled, bird's-eye view seating plan_ indicating the dimensions of the full sidewalk area immediately adjacent to the food and/or beverage service establishment, the number of tables and the number of seats at each table, and a layout that clearly demonstrates that a six (6) -foot - wide, unobstructed pedestrian path is available on the sidewalk adjacent to the curb to permit pedestrian travel on the public sidewalk.; unless street trees er other i.. meth., eRt§ iS gfgt:present at the G Arh iRwhich Gase .,.J the., a f.,,ur (4)_ f.,.,+_ wide pedestrian path is requirow. The seating Page 2 plan shall also demonstrate that there is a minimum of a five (5) foot wide pedestrian available around street trees. utilitv poles. hvdrants. and other sidewalk obstructions. The scaled seating plan must also show the location and dimensions (where applicable) of any existing or proposed planters, street trees, utility poles and other fixtures located on the public sidewalk within ten 101 feet of the seating area. The description of the proposed outdoor seating furniture and fixtures shall indicate if they will be moveable or affixed in a stationary manner. Furniture that is affixed is physically attached to the public sidewalk and/or building facade and is not movable by physical force. Affixed tables and/or chairs may be exempted from providing a physical delineation installed parallel to the six (6) foot clear pedestrian path on a case --by- case basis. Determining factors will include whether or not the business serves alcoholic beverages and the level of activity within the sidewalk seating area. Sandwich board signage -shall be located inside of the seating area and cannot be located within the six (6) --foot clear pedestrian path or within the five (5) foot pedestrian travel path around sidewalk obstructions or leading to and through the entrances/exits of the food and/or beverage service establishment. (5) An indemnity agreement signed by the proprietor of the food and/or drink beverage service establishment and the property owner that will hold the town and NCDOT (North Carolina Department epa n int of Transportation) harmless from any and all claims of property damage, personal injury, or death arising from or related to the provision of outdoor seating at the establishment; and (6) A certificate of insurance for a minimum coverage amount of one million ($1,000,000.00) dollars indicating that the applicant has liability insurance for the premises and all activities conducted thereon including the outdoor seating area for the duration of the permit period. Upon submitting all of the above items for review and comment, town staff may issue the outdoor seating permit. The proprietor of the food and/or beverage driik—service establishment is bound by the original representations made in the application materials. Modifications to the original furniture, seating plan layout, or fixtures requires the submittal of new permit documentation materials to town staff for review and approval. The proprietor of the food and/or beverage drirfl,—service establishment is responsible for the good repair and maintenance of the outdoor dining area including, but not limited to, the removal of any refuse, table scraps, and dining/glassware at close of business, and the maintenance, repair, and replacement of broken or damaged tables, chairs, umbrellas, or fixtures in the outdoor seating area. The town reserves the right to require the proprietor of the food and/or beverage drirkservice establishment to replace, repair, or remove any items in the outdoor seating permit that are not maintained in good repair_. The town reserves the right to require the proprietor of the food and/or beverage drink service establishment to remove or �reloca+ethe seating area and cease sidewalk seating activities at their own expense for any construction work that may need to occur on the public sidewalk or in the public right of way with a twenty4Gw twelve (12_2-4) hour notice. Work of an emergency nature, as determined by the Town, shall not require such notice, and all reasonable attempts will be made by the Town when feasible Page 3 or practical to coordinate with the proprietor to remove the seating furniture and fixtures prior to commencement of work. (e) Penalty. Any violation of this section can constitute a misdemeanor, punishable as provided in G.S. 14-4. -A first violation of an outdoor seating permit issued pursuant to this section shall result in the issuance of a written warning to the permittee. The written warning will outline the observed violations of this section eefed and all necessary corrective actions-. A second violation within one year of the first shall result in a written letter notice of violation letter outlining the specific violations of this section netec�and shall result in an immediate 30 -day suspension of the outdoor seating permit. This 30 -day suspension will require that the outdoor seating area tables, chairs, and fixtures be removed by the proprietor of the food and/or drink service beverage service establishment at their own expense within twenty --four (24) hours of receiving the notice of violation. The town reserves the right to remove outdoor seating area tables, chairs, and fixtures for the proprietor at the proprietors' expense if they are not voluntarily removed by the proprietor within twenty- four (24) hours of receiving the notice of violation. A third violation within one year of the first shall result in a written notice of violation, as well as immediate revocation of the outdoor seating permit and a civil penalty of $500.00. The proprietor of the food and/or beverage dservice establishment must pay this penalty within ten (10) business days and remove the outdoor seating tables, chairs, and fixtures at their own expense within twenty- four (24) hours of receiving the notice of violation. The town reserves the right to remove outdoor seating area tables, chairs, and fixtures for the proprietor at the proprietors' expense if they are not voluntarily removed by the proprietor within twenty --four (24) hours of receiving the notice of violation. If the proprietor of the food and/or beverage drink service establishment fails to pay this penalty within ten 10 business days after being cited for a third violation as established in this section., the town may seek to recover the penalty by filing a civil action in the nature of the debt. The town may also seek to enforce this chapter through any appropriate equitable action. Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. The town may seek to enforce this ordinance by using any one, or a combination, of the foregoing remedies. (f) Conflict. In the event of a conflict between the provisions of this section and any other town ordinance, the provisions of this section shall control. The enactment of this section, however, shall not result in any change in the general applicability of any other town ordinance. (Prior Code, § 5-8a; Ord. of 10-14-2002) Page 4 Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 27, 2018 Department: Planning Public Hearing: ❑ Yes ® No Date of Public Hearing: N/A For Clerk's Use Only AGENDA ITEM # PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner and Margaret Hauth, Assistant Town Manager/Planning Director ITEM TO BE CONSIDERED Subject: Discussion of topics related to sidewalk seating Attachment(s): none Brief Summary: Along with an update about sidewalk seating enforcement and revisions to the sidewalk seating ordinance, staff was asked to address some related topics — sandwich board signs and smoking. Action Requested: Discussion and direction ISSUE OVERVIEW Backaround Information & Issue Su Sandwich board signs Presently, there are 14 permitted sandwich board signs for downtown businesses. Staff have identified another 14 signs that are regularly displayed, but not permitted. Additionally, the changes to sidewalk seating caused a change in where these signs can be located. Not all permitted signs are being properly displayed, but that is an educational issue staff hasn't taken up yet. The amended language from the last item makes it clearer that sandwich boards cannot be outside the dining area. This limits the usefulness of the signage to restaurants and businesses. At a recent merchants meeting, the group was pretty evenly divided as to whether the signs remain useful. The town board may want to consider removing these signs as an option and require existing signs to cease being used at a date in the future. Since these signs are movable, regular enforcement action is going to be needed to ensure compliance. Additionally, at the July public hearing, there was a text amendment to allow a single sided sign to be attached to an outdoor seating barrier since most businesses using outdoor seating would no longer have room for a sandwich board sign. Staff delayed action on this amendment to coincide with this discussion. Smoking There has been some discussion about wrapping enforcement of the county's smoking requirements into these seating permits. This is beyond the current staff capacity, especially if the intent was to take smoking compliance into consideration for annual renewals. 7 Consent Regular Closed Agenda Agenda Session PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner and Margaret Hauth, Assistant Town Manager/Planning Director ITEM TO BE CONSIDERED Subject: Discussion of topics related to sidewalk seating Attachment(s): none Brief Summary: Along with an update about sidewalk seating enforcement and revisions to the sidewalk seating ordinance, staff was asked to address some related topics — sandwich board signs and smoking. Action Requested: Discussion and direction ISSUE OVERVIEW Backaround Information & Issue Su Sandwich board signs Presently, there are 14 permitted sandwich board signs for downtown businesses. Staff have identified another 14 signs that are regularly displayed, but not permitted. Additionally, the changes to sidewalk seating caused a change in where these signs can be located. Not all permitted signs are being properly displayed, but that is an educational issue staff hasn't taken up yet. The amended language from the last item makes it clearer that sandwich boards cannot be outside the dining area. This limits the usefulness of the signage to restaurants and businesses. At a recent merchants meeting, the group was pretty evenly divided as to whether the signs remain useful. The town board may want to consider removing these signs as an option and require existing signs to cease being used at a date in the future. Since these signs are movable, regular enforcement action is going to be needed to ensure compliance. Additionally, at the July public hearing, there was a text amendment to allow a single sided sign to be attached to an outdoor seating barrier since most businesses using outdoor seating would no longer have room for a sandwich board sign. Staff delayed action on this amendment to coincide with this discussion. Smoking There has been some discussion about wrapping enforcement of the county's smoking requirements into these seating permits. This is beyond the current staff capacity, especially if the intent was to take smoking compliance into consideration for annual renewals. Financial Impacts: n/a Staff Recommendations/Comments: n/a Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 27, 2018 Department: Administration Public Hearing: ❑ Yes ❑ No Date of Public Hearing: PRESENTER/INFORMATION CONTACT: ITEM TO BE CONSIDERED Subject: Increase public informationspecialist position from 0.48 FTE to 0.75 FTE Attachment(s): None For Clerk's Use Only AGENDA ITEM # Brief Summary: This change is requested to fulfill organizational needs within the Public Information Office of the Administration Department. Action Requested: Approve as presented, effective Oct. 1, 2018. ISSUE OVERVIEW Background Information & Issue Su Issue Summary Expansion of public information specialist position (salary grade 10; minimum: $41,169; maximum: $65,870 — based on 1.0 FTE) Staff is requesting an increase in FTE to allow for the expansion of the part-time public information specialist position as soon as possible. The amendment would change the position from a 0.48 FTE without benefits to a 0.75 FTE with benefits. This change would allow: • The Public Information Office to continue providing the current level of communications service. • The specialist to commit hours to a video series that has been started to explain the town's water and sewer system and the costs related to it. • The specialist to provide additional experienced communications support during unexpected occurrences and emergencies. During the week of Sept. 10, which required staff to prepare for and provide communications throughout Hurricane Florence, the part-time specialist worked 29 hours and the part-time public information officer worked 56.5 hours. • The web developer/assistant public information officer to possibly increase progress on rewriting the internal town website code to make it more secure, maintainable and user-friendly and allow the developer to get to other improvements planned for the website. • The public information officer to possibly have some relief from working full-time and overtime hours some weeks. 8 Consent Regular Closed Agenda Agenda Session Brief Summary: This change is requested to fulfill organizational needs within the Public Information Office of the Administration Department. Action Requested: Approve as presented, effective Oct. 1, 2018. ISSUE OVERVIEW Background Information & Issue Su Issue Summary Expansion of public information specialist position (salary grade 10; minimum: $41,169; maximum: $65,870 — based on 1.0 FTE) Staff is requesting an increase in FTE to allow for the expansion of the part-time public information specialist position as soon as possible. The amendment would change the position from a 0.48 FTE without benefits to a 0.75 FTE with benefits. This change would allow: • The Public Information Office to continue providing the current level of communications service. • The specialist to commit hours to a video series that has been started to explain the town's water and sewer system and the costs related to it. • The specialist to provide additional experienced communications support during unexpected occurrences and emergencies. During the week of Sept. 10, which required staff to prepare for and provide communications throughout Hurricane Florence, the part-time specialist worked 29 hours and the part-time public information officer worked 56.5 hours. • The web developer/assistant public information officer to possibly increase progress on rewriting the internal town website code to make it more secure, maintainable and user-friendly and allow the developer to get to other improvements planned for the website. • The public information officer to possibly have some relief from working full-time and overtime hours some weeks. Without the position expansion, the specialist would need to scale back the number of hours currently worked weekly for the town thus far to stay within the budgeted hours for this position. Background Summary As of the Sept. 21 payroll date: • The specialist has worked 795.75 hours this calendar year, averaging about 20.9 hours per week. • About 8 to 15 hours of the specialist's 19 -hour work week is currently devoted to minutes preparation. To stay under the current 0.48 FTE, the specialist would need to work below 12.77 hours per week for the remainder of the calendar year. In addition, exceeding the 0.48 budgeted FTE would result in the specialist's working more than 1,000 hours in the 2018 calendar year. Membership in the Local Governmental Employees Retirement System is required when a position requires 1,000 hours or more in a calendar year. The specialist position was added in February 2017, combining meeting minutes preparation with support to the Public Information Office. The intent was for about half of the position's hours to be allotted to minutes preparation and the other half to supporting the Public Information Office. The time spent on minutes fluctuates and is influenced by the number and length of board meetings and the availability of recordings. An issue with the recording laptop during the summer gave the specialist fewer minutes to prepare one month. With 15 hours required some weeks for minutes preparation, only about 4 hours are left for public information duties those weeks. Public information duties include: • Writing and distributing news releases. • Updating and overseeing townwide social media sites. • Creating videos on town services. • Creating publications and promotions, such as the citizens newsletter. • Providing editing, writing and design support to town departments and boards. • Updating website content. The specialist position has enabled the town to increase its offering of service videos. Completing the series of water and wastewater system videos in an affordable manner will require a greater number of committed public information hours from the specialist position. From mid-June to mid-August, the specialist spent 60 hours on three videos (budget; water and sewer rates increases; and reservoir expansion). Some videos require less time, such as the overview video on the West Hillsborough Sidewalk Connections Project, which took about six hours to complete. The specialist position has been a great benefit to the Public Information Office thus far. Financial Impacts: Increasing the FTE from 0.48 to 0.75 and adding benefits would result in an increase of $28,337 to the current budget of $25,793 for this position. For FY19, the additional $21,252 (October through June) would be funded with the contingency budget. A budget amendment would be requested. Staff Recommendations/Comments: The human resources director and town manager strongly recommend approval of this request. All town operations are heavily reliant on assistance from the town's public information office. That office operates with only one full-time and two part-time employees. The small amount of additional hours requested would: • Help the office continue operations at the current level. • Allow work on several high priorities to move forward. PRESENTER/INFORMATION CONTACT: Da hna Schwartz, Finance Director ITEM TO BE CONSIDERED Subject: Resolution to approve an additional payment to Orange Rural Fire Department in FY19 Attachment(s): 1. Resolution Brief Summa The Hillsborough Police Department changed the focus of its fourth annual charity golf tournament to benefit the Orange Rural Fire Department in honor of the agency's fallen firefighter. The proceeds from the #HiIIsboroughRocks Golf Tournament will go to the Orange Rural Fire Department in honor of Assistant Chief Jeffrey "Stan" Holden. Holden died Aug. 13, 2018, following a rescue while on duty at the Fire Department, which provides fire service for Hillsborough. The Orange Rural Fire Department does an exceptional job of providing fire protection services to the town. The payment of the proceeds from the charity golf tournament recognizes this noteworthy service in honor of Holden. Action Requested: Approve resolution. ISSUE OVERVIEW Back round Information & Issue Summary: None. Financial Impacts: $5,000. Staff Recommendations/Comments: Approve as proposed. A RESOLUTION AUTHORIZING ADDITIONAL PAYMENT IN RECOGNITION OF NOTEWORTHY PUBLIC SERVICE WHEREAS, the Town of Hillsborough desires to support the noteworthy contributions of the Orange Rural Fire Department; WHEREAS, the employees of the Orange Rural Fire Department have demonstrated exceptional dedication to providing fire protection services to the citizens of the Town of Hillsborough; and WHEREAS, The Hillsborough Police Department hosted its fourth annual charity golf tournament to benefit the Orange Rural Fire Department in honor of Assistant Chief Jeffrey "Stan" Holden who died Aug. 13, 2018, following a rescue while on duty at the Fire Department. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF TOWN OF HILLSBOROUGH RESOLVES: Section 1. The Town shall remit payment to the Orange Rural Fire Department in the amount of five thousand dollars as recognition for the extraordinary service provided by its employees to the town. Section 2. This payment is made in honor of Assistant Chief Holden. This resolution is effective upon its adoption this 27' day of September 2018. The motion to adopt this resolution was made by and passed by a vote of to ATTEST: Katherine Cathey, Town Clerk seconded by Tom Stevens, Mayor This is to certify that this is a true and accurate copy of Resolution No. adopted by the Town of Hillsborough Board of Commissioners on the 27t' day of September 2018. Katherine Cathey, Town Clerk Date