SUMMARY MINUTES OF A REGULAR BUSINESS MEETING OF THE MAYOR

AND COUNCIL OF THE TOWN OF CHAPEL HILL,

MONDAY, JUNE 8, 1998 AT 7:00 P.M.

Mayor Rosemary Waldorf called the meeting to order at 7:02 p.m. Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavão, and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Finance Director James Baker, Personnel Director Pat Thomas, Police Chief Ralph Pendergraph, Public Works Director Bruce Heflin, Town Clerk Peter Richardson and Town Attorney Ralph Karpinos.

Item 1 Ceremonies

The following retired Town employees were recognized by the Council

Ron Moses – 25 years with Police Department

Harold Horne—30 years with the Fire & Police Departments

Robert Brooks—29 years with the Police Department

Charles Robinson—28 years with the Public Works Department

Mayor Waldorf presented a letter of appreciation from the Council to Dr. Elson Floyd.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK TO ADOPT THE LETTER OF APPRECIATION AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0)

Dr. Floyd thanked Mayor Waldorf and the Council for the recognition this evening and for the partnership and open dialogue with the University for the past three years. He also commended Mr.Horton and the Town staff for their excellent service.

There were no public hearings.

Item 3 Petitions

Robert Dowling, Executive Director of the Orange Community Housing Corporation (OCHC), provided the Council with information about the proposed development of affordable housing units on Scarlette Drive. He requested that the Council.:

1. Grant authority to use CDBG funds of approximately $25,000, already allocated to the project, for pre-development costs.

2. Consider creating a new zoning district to permit greater density to accommodate the building of fourteen townhomes.

3. Allow OCHC to borrow from the Housing Loan Trust Fund to pay for an architect. He noted that Josh Gurlitz was a Board member and consequently would not be the project architect.

4. Provide feedback on the project’s preliminary plans.

Council Member Brown suggested having Town staff review the application of the Town’s energy standards to the proposed project.

Council Member Foy said that townhouses were a better design than detached homes. Noting that the site topography was unusual, he said that the matter of providing on-street parking would require careful review.

Council Member Capowski inquired about the size of the subject tract. Mr. Dowling said the subject tract was 1.39 acres. Council Member Evans inquired about the number of stories in the proposed townhomes. Mr. Dowling said the townhomes would be two stories each, with most units having two bedrooms. Council Member McClintock inquired whether or not a new zoning category needed to be created. Mayor Waldorf suggested that this could be discussed at a future Council meeting.

COUNCIL MEMBER McCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE PETITION TO TOWN STAFF AND THE ORANGE COMMUNITY HOUSING CORPORATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Margaret Cheek, representing Neighbors United for Justice, said that she and many of her neighbors in the Northside and surrounding communities had concerns about the Town’s recent decision to pull out of joint drug-related enforcement efforts with the Town of Carrboro. Ms. Cheek said that she and her neighbors favored the continuation of the joint drug task force efforts.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER MS. CHEEK’S PETITION TO TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Capowski asked when a follow-up staff report could be expected. Mr. Horton responded that staff could prepare a written report for the Council’s June 22^nd meeting. Mayor Waldorf requested that Police Chief Pendergraph present a brief oral report this evening. Police Chief Pendergraph noted that the task force was established on a trial basis. He stated that the task force’s efforts had made a marked impact on drug activity in the area.

Council Member McClintock said that there was a perception in some parts of the community that the Town’s interest in the area had diminished appreciably. Chief Pendergraph said that there were a Town Police personnel working on narcotic matters, in discrete investigations in various parts of the Town.

Council Member Foy inquired whether or not the Town had plans to participate in another drug task force effort in this community in the near future. Chief Pendergraph said although there were no such specific plans, the Town of Carrboro and Chapel Hill Police Departments would be vigilant in ensuring the safety of all community residents. Mr. Horton noted that if drug-related problems were noted, they would be addressed in an expedient manner.

Mayor Waldorf suggested that petitions from Council Members be heard at the end of the regular meeting agenda. There were no objections from Council Members. There were no petitions by the Town Manager or Town Attorney.

Item 4 Consent Agenda

Council Member McClintock requested the removal of item j from the consent agenda. Council Member Evans requested the removal of Item d from the consent agenda.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS D AND J. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(98-6-8/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:

a.	Minutes of April 1 and 6, 1998.
b.	Response to a request for a pedestrian crossing at the U.S. 15-501/ Ephesus Church Road intersection. (R-2).
c.	Recommended temporary street closure for Franklin Street Mile Road Race on September 19, 1998. (R-3) (O-1).
d.	Proposed parking regulations for Bolinwood Drive. (O-2).
e.	Support for continuation of state tax on appliances to pay for disposal fees. (R-4).
f.	First reading of franchise agreement for Sprintcom, Inc. (O-3).
g.	Scheduling of work sessions. (R-5).
h.	Ordinance establishing a project budget for transit planning grant. (O-4).
i.	Deleted.
j.	Response to Denton petition regarding flooding at 509 Colony Woods Drive. (R-7).
k.	Renewal of audit contract. (R-8).
l.	Authorization of contract for pay study with Slavin Management. (R-9) (O-5).

m.	Recommended temporary street closure of Cameron Avenue and Raleigh Street on June 10, 11, and 12, 1998 for filming of “Patch Adams”. (R-9.1) (R-9.2)

This the 8^th day of June, 1998.

A RESOLUTION OF APPRECIATION TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORATION FOR ITS ASSISTANCE WITH IMPLEMENTATION OF A PEDESTRIAN CROSSWALK ON FORDHAM BOULVEARD AND EPHESUS CHURCH ROAD (98-6-8/R-2)

WHEREAS, it is the desire of the Town Council to provide safe and effective means for pedestrians to move throughout the community; and

WHEREAS, the Town Council has expressed interest in having a crosswalk placed on Fordham Boulevard at Ephesus Church Road; and

WHEREAS, Town and State representatives reviewed this location and identified an appropriate location for such a pedestrian crossing; and

WHEREAS, the North Carolina Department of Transportation has agreed to install said pedestrian crosswalk and traffic signal modification as necessary;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council expresses its appreciation to the North Carolina Department of Transportation for its consideration and assistance in having a pedestrian crosswalk installed on Fordham Boulevard at Ephesus Church Road in Chapel Hill.

This the 8^th day of June, 1998.

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF EAST FRANKLIN STREET, HENDERSON STREET, HILLSBOROUGH STREET AND RALEIGH STREET (FRANKLIN STREET MILE ROAD RACE) (98-6-8/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of East Franklin Street between Columbia Street and Boundary Street; Henderson Street between Franklin Street and Rosemary Street; Hillsborough Street between Franklin and Rosemary Street; and Raleigh Street between Franklin Street and Cameron Avenue on Saturday, September 19, 1998 from 8:30 am to 11:30 am, to allow the holding of the Franklin Street Mile Road Race.

This the 8th day of June, 1998.

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF FRANKLIN STREET(FRANKLIN STREET MILE ROAD RACE) (98-6-8/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill:

That on the 19th day of September, 1998 between the hours of 8:00 a.m. and 11:30 a.m. there shall be no parking on either side of Franklin Street between Columbia Street and Boundary Street.

The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said street during such hours on said date. The Police Department is further authorized to remove, tow, and impound vehicles of any kind which are parked on said street during such hours in contravention of the Ordinance. In light of the event and the large number of pedestrians expected in the street area, the Council hereby determines that vehicles in the restricted areas would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.

This the 8th day of June, 1998.

A RESOLUTION REQUESTING THAT THE ORANGE COUNTY LEGISLATIVE DELEGATION SUPPORT HB 1443, EXTENSION OF THE TAX ON WHITE GOODS TO CONTINUE FUNDING WHITE GOODS MANAGEMENT AND OTHER RELATED WASTE MANAGEMENT ACTIVITIES (98-6-8/R-4).

WHEREAShereas, the Chapel Hill Town Council supports the continued responsible recycling of appliances at the Orange Regional Landfill; and

WHEREAS,Whereas the Chapel Hill Town Council supports retaining a zero tipping fee for appliances to encourage citizens to bring them to the landfill rather than dispose of them illegally; and

WHEREAS,Whereas the Chapel Hill Town Council recognizes that elimination of the tax on white goods could result in imposition of local tipping fees on appliances resulting in increased illegal disposal; and

WHEREAS,Whereas the Chapel Hill Town Council recognizes that the white goods tax also supports other solid waste management activities including partial funding of the North Carolina solid waste trust fund; and

WHEREAS,Whereas the Chapel Hill Town Council recognizes that the white goods tax fund now has a surplus, planned projects to abate pollution from closed landfills and respond to other local government solid waste management needs may significantly reduce that surplus;

NOW, THEREFORE, BE IT RESOLVED byby the Chapel Hill Town Council of the Town of Chapel Hill that the Council urges the Orange County legislative delegation to strongly support support reduction of this tax to $3 per appliance and its extension of this tax through July, 2003 and support reduction of this tax to $3 per appliance as proposed in House Bill 1443 and passed in Senate Bill 124..

This the 8^th 1^st day of June, 1998.

AN ORDINANCE GRANTING A FRANCHISE TO SPRINTCOM, INC. TO PROVIDE TELEPHONE SERVICES IN THE TOWN OF CHAPEL HILL (98-6-8/O-3)

BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby grants a franchise to Sprintcom, Inc. to operate a telephone system in the Town subject to the following conditions:

Scope of Services

The company may provide the following services:

Personal Communications Services including cellular telephone services pursuant to authority granted by the Federal Communications Commission.

This franchise does not authorize the company to provide cable television or video services, for which a separate franchise could be requested. This franchise does not authorize placement of public use telephones on Town property or public right-of-way.

Separate Lease And Encroachment Agreements For Antenna Tower Locations

This franchise ordinance does not approve locations for antenna towers on Town street rights-of-way or other Town-owned land. Such locations may be approved through lease and encroachment agreements.

Relocation Of Equipment

Any of the company's equipment which may be located in public right-of-way of other Town property shall be subject upon 180 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager; provided that places satisfactory to the Town Manager are available within such period and will not result in a material adverse affect on the quality of company's personal communication service provided to the Town, otherwise, such time period shall be extended as reasonably necessary for the company to find an adequate relocation site.

Subject to the time frames referenced in the preceding paragraph, removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town.

Upon the Town's determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town after consultation with the company. Emergency needs are not subject to the time limits stated above.

Disturbance of Property within a Right-of-Way; Inspections

Any disturbance of property within or affecting a public right-of-way, as may be necessary for the installation and/or connection of services by the franchisee, must receive prior approval of the Town Manager or Manager's designee and shall be subject to inspection and approval by the Town.

Term of Franchise

The term of the franchise shall be 10 years from acceptance by the franchisee, with the possibility of renewal subject to filing of a renewal application at least one year before the franchise expiration.

Letter of Credit, Fees and Taxes

The company shall maintain a letter of credit in the amount of $50,000, or a guarantee of company's general partner, acceptable to the Town Manager, with the required amount to be replenished as necessary to maintain the required balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of any applicable fees and taxes due to the Town. So long as the company is subject to and does pay the state franchise tax imposed pursuant to N.C.G.S. §105-120, the Town shall not, and does not currently, charge a license, privilege or franchise tax on the company, which is not authorized by law and applicable to other similar businesses. Should the Town seek to impose a fee or tax on the company in the future, the company shall have not less than 120 days notice prior to the effective date of such fee or tax, and shall have the right to terminate the franchise provided that it shall remove its equipment from the Town property or public right-of-way within 60 days of termination.

Insurance and Indemnification of the Town

The company shall maintain general liability insurance naming the Town as an additional insured party and in a form satisfactory to the Manager. General liability coverage shall be in the amount of at least $1,000,000.

The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages which may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.

Compliance with All Applicable Laws, Ordinances and Regulations

The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town which may be issued under the franchise ordinance terms or general law, provided that such policies directives, codes and regulations are consistent with State and Federal laws and regulations, and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc. Failure to comply shall be grounds for revoking the franchise.

Acceptance of Franchise Terms

The company shall within 120 days of adoption of this franchise ordinance on second reading accept all terms and conditions of the franchise ordinance.

Revocation Procedure

If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease utilizing its facilities located on Town property or public right-of-way within 120 days of receiving notice of revocation and remove its equipment from public right-of-way within 180 days. Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit or to call upon the guarantee to cover such costs.

Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company. The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.

Transfer Of Ownership

A change or changes in ownership of the franchisee cumulatively totaling a 25% or greater interest in the company shall be subject to review and reasonable approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for review of such a change(s) in ownership. In the event the Town Council reviews and for good cause, duly substantiated objects to the change in ownership it shall have the authority to revoke the Franchise in accordance with the procedure set forth in the preceding paragraph.

This the 8^th day of June, 1998. (First reading) (Second Reading: scheduled for June 22, 1998)

A RESOLUTION SCHEDULING THREE WORK SESSIONS (98-6-8/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules the following work sessions:

· Wednesday, June 10^th at 6:00 p.m. for discussion of the Draft Mixed Use Zoning District.

· Thursday, June 18^th at 6:00 p.m. for discussion with the pay consultant.

· Wednesday, July 8^th at 6:00 p.m. for discussion on the Strategic Report from the Comprehensive Plan.

This the 8^th day of June, 1998.

AN ORDINANCE TO ADOPT A GRANT PROJECT ORDINANCE FOR A TRANSIT PROJECT (98-6-8/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

SECTION I

The project authorized is a Transit Planning Grant, more specifically known as a Federal Transit Administration Planning Program Section 5303 (formerly Section 8), awarded through an agreement with the City of Durham. The project provides funds for transit planning activities.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreement executed with the Federal Transit Administration, the North Carolina Department of Transportation, and the City of Durham and within the funds appropriated herein.

SECTION III

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

City of Durham (FTA & NCDOT) $41,481

Town of Chapel Hill (local match) 4,609

$46,090

SECTION IV

The following amounts are appropriated for the project:

Salaries - Full Time $24,340

Salaries - Contract 9,000

Fringe Benefits 4,200

FICA 2,550

Travel 2,000

M & R Equipment 2,500

Supplies 1,500

$46,090

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report. He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 8th day of June, 1998.

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 1997-98 (98-6-8/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to sign a contract with the Certified Public Accounting firm of McGladrey and Pullen, LLP in an amount not to exceed $38,340 .

This the 8^th day of June, 1998.

A RESOLUTION SELECTING SLAVIN MANAGEMENT CONSULTANTS, INCORPORATED, TO CONDUCT A REVIEW OF THE TOWN'S PAY SYSTEM

(98-6-8/R-9)

WHEREAS, the Town of Chapel Hill sent Requests for Proposals to several firms requesting assistance in the review of the Town's pay system; and

WHEREAS, the proposal from Slavin Management Consultants, Incorporated, of Norcross, Georgia has been determined to best meet the needs of the Town for conducting such a study;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to contract with Slavin Management Consultants, Incorporated, to conduct the pay system study.

This the 8^th day of June, 1998.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 (98-6-8/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 23, 1997 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Personnel 461,759 30,320 492,079

ARTICLE II

REVENUES

GENERAL FUND

Fund Balance 1,995,591 30,320 2,025,911

This the 8^th day of June, 1998.

A RESOLUTION TEMPORARILY CLOSING A PORTION OF CAMERON AVENUE (98-6-8/R-9.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of Cameron Avenue in front of Memorial Hall on Wednesday, June 10, 1998 from 6:00 a.m. to 8:00 p.m. and Thursday June 11, 1998 from 6:00 a.m. to 8:00 p.m. for pedestrian safety during the filming of “Patch Adams” by Universal Studios.

This the 8th day of June, 1998.

A RESOLUTION TEMPORARILY CLOSING A PORTION OF RALEIGH STREET (98-6-8/R-9.2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of Raleigh Street in front of the Arboretum on Friday, June 12, 1998 from 5:00 a.m. to 8:00 p.m. in order to facilitate the filming of “Patch Adams” by Universal Studios.

This the 8^th day of June, 1998.

Referencing item 4c on the consent agenda regarding the Franklin Street Mile Road Race, Charles House inquired whether or not the Council would be open to the closure of Franklin Street on Sundays, instead of Saturdays in the future. He also inquired about the possibility of closing Rosemary Street or Cameron Avenue in the future, rather than closing Franklin Street for the race. Council Member McClintock and Mayor Waldorf requested that Town staff work with Mr. House regarding his concerns.

Item 5 Information Reports

Council Member McClintock requested the removal of item a for discussion. Council Member Capowski requested the removal of item b for discussion.

John McCormick requested that the Council consider having Town staff prepare a report regarding cottage-type zoning as soon as possible, rather than receiving the report in the fall. Noting this evening’s lengthy agenda, Mayor Waldorf stated that the Council would discuss the matter at the conclusion of the regular business meeting.

Item 6 Boards and Commissions

COUNCIL MEMBER EVANS MOVED, COUNCIL MEMBER FOY SECONDED TO NOMINATE ALL APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE HOUSING BOARD, HUMAN SERVICES ADVISORY BOARD, PERSONNEL APPEALS COMMITTEE AND THE PUBLIC ARTS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

THE COUNCIL MADE THE FOLLOWING APPOINTMENTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS:

Board of Adjustment Thomas Carson, Wesley Egan, Greg Heafner,

Delilah Snow, Joanne Woods

Greenways Commission Carol Pekar

Orange Water & Sewer Board Frank deMonchaux, Peter Gordon, Alan Rimer

Parks and Recreation Commission Eunice Brock, John Covach, Al Mebane

Transportation Board Susan Franklin-Fulton, Elizabeth Kane,

Fred Schroeder

Original voting ballots are available for inspection in the Town Clerk’s Office.

Mayor Waldorf noted that two Council Members were being asked to serve as liaisons to the Library Needs Assessment Task Force. She also noted that there were two Town resident vacancies on the Orange County Human Relations Commission.

Item 7 OWASA Assessment Policy

Joal Hall-Broun, Chairperson of the OWASA Board of Directors, made a presentation about OWASA’s present assessment policy and the process for receiving feedback from its constituent governments regarding the policy.

Council Member Capowski inquired about the number of unsewered lots were Carrboro, Orange County and the Town. John Greene, OWASA’s Chief Engineer, responded that there were a total of 340 unsewered lots in these jurisdictions. Council Member Capowski said it would be interesting to know the percentage of OWASA ratepayers from the Town in terms of dollars. Council Member Foy said it would be helpful to have a Geographic Information System map of unserved areas in Orange County and the Town.

Council Member McClintock suggested that the Council’s Committee could review the OWASA sale and purchase agreement for possible areas of renegotiation. She also suggested that the Committee could review options for providing sewer service to currently unserved areas.

Council Member Evans inquired whether or not OWASA issued permits for new septic fields. Ms. Hall-Broun stated that permits for septic fields were issued by the Orange County Health Department. Council Member Evans inquired whether or not the OWASA Board had discussed a specific strategy for providing service to unserved areas. Ms. Broun-Hall said this matter had not been discussed in detail and she was not sure about the Board’s specific wishes.

Council Member Brown said she favored a review of the sales and purchase agreement referenced by Council Member McClintock. Council Member Capowski suggested that Council Members receive a copy of the sales and purchase agreement.

Council Member Brown sees a broader question of looking at the original agreement. Council Member Capowski—like to see a copy of the Sale and Purchase Agreement. Mayor Waldorf suggested referring the discussion paper and the Sale and Purchase Agreement to the Sewer Committee and the town staff.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE ASSESSMENT POLICY MATTER AND THE RELATED 1977 SALES AND PURCHASE AGREEMENT TO THE COUNCIL’S SEWER SERVICE COMMITTEE (COUNICL MEMBERS BATEMAN, CAPOWSKI, AND McCLINTOCK). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)

Council Member Capowski said it would be helpful for the Committee to receive more direction from the Council regarding the assessment policy. Council Member McClintock said that the Committee could come back with a series of options for the Council’s consideration.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE 1977 SALES AND AGREEMENT TO THE TOWN STAFF AND COME BACK WITH AN OPTIONS REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member McClintock suggested seeing what the agreement would look like today. Mayor Waldorf suggested looking to see if there have been some ancillary modifications to the agreement over the years. Mayor Waldorf also said she would like the Committee to look at the sales and purchase agreement with an open mind and to suggest how the agreement might be redrafted to serve present circumstances. Council Member Evans said she hoped that the Committee would work with the Town’s OWASA Board representatives on this matter. Council Member Capowski said that the report could be ready in the early fall.

Item 8 1998-1999 Proposed Budget and Related Items

Glen Parks, presented a letter from the Bicycle Task Force thanking the Council for bikeways funding. Council Member Evans inquired whether the task force had talked about the possibility of delineating a bicycle lane along U.S. 15-501. Mr. Parks said that the task force had not discussed this possibility. Council Member McClintock asked when the Task Force would be making bike trails recommendations to the Council. Mr. Parks responded that he had no information on when the Task Force would have an updated comprehensive plan for bikeways. Council Member McClintock said it would be useful for the Council to have such an updated plan. Noting that there was no specific funding for bikeways in the Town’s Capital Program, Council Member Capowski inquired about the Task Force’s recommendations. Mr. Parks said that the Task Force was in the process of developing such recommendations.

Noting that her funding request of $900 was not recommended for approval, Susan Simone requested that the Council authorize funding of $400 for her Meeting Place Project art exhibit. Ms. Simone stated that her exhibit paid tribute to the Town’s African-American citizens, featuring scenes from the Northside community.

Steve Manton, Chair of the Transportation Board, asked that the Council give serious consideration to allowing advertising on the outside of Chapel Hill Transit buses. He stated that the Council should take advantage of this revenue source.

Kathleen Lord, a downtown business owner, said that many sidewalks in the downtown area were in need of repair or replacement. She requested the Council’s assistance in addressing these safety-related concerns.

David Bevin thanked the Town staff and the Council for the recommendation to provide funding for a Spanish language website on the Internet.

Mr. Horton presented a brief overview of the lowest-priority five new positions recommended for inclusion in the Tow’s 1998-1999 budget. Council Member Bateman asked whether funds not expended for new positions could be set aside for items such as a reserve for a community pool. Council Member Brown said she favored voting individually on the five positions. Council Member Brown also said she preferred not to earmark any of these funds for a specific purpose since the Council did not know what needs might arise in the next fiscal year. Mayor Waldorf said she favored taking individual votes on each of the five positions.

Stating that safety was her highest priority for the community, Council Member Evans said she favored maintaining the two proposed positions in the Police Department. Council Member McClintock said it was most important to maintain the Crisis Counselor position in the Police Department. Noting that the Manager was recommending all five positions, Council Member Capowski said he favored retaining all five positions. Stating the importance of no tax increase budgets, Council Member Brown said she favored looking at ways to reduce the Town’s budget this year and in future years. Stating that the Town would need to a number of positions in the Fire Department in the future, Council Member Foy said he favored the elimination of all five positions.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, THAT ALL FIVE POSITIONS BE RETAINED. THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS CAPOWSKI, EVANS AND PAVÃO VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, FOY, McCLINTOCK AND WIGGINS VOTING NO.

TRANSPORTATION OPERATIONS SUPERVISOR POSITION

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE POSITION OF TRANSPORTATION OPERATION SUPERVISOR BE ELIMINATED. THE MOTION WAS APPROVED BY A VOTE OF 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, FOY, McCLINTOCK, AND WIGGINS VOTING YES AND COUNCIL MEMBERS CAPOWSKI, EVANS AND PAVÃO VOTING NO.

POLICE SERGEANT POSITION

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY THAT THE POSITION OF POLICE SERGEANT BE ELIMINATED. MOTION. THE MOTION WAS APPROVED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS BATEMAN, BROWN, FOY, McCLINTOCK, WIGGINS VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, EVANS AND PAVÃO VOTING NO.

SAFETY AND TRAINING OFFICER POSITION

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY THAT THE POSITION OF SAFETY AND TRAINING OFFICE BE ELIMINATED. THE MOTION WAS APPROVED BY A VOTE OF 7-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, EVANS, FOY, McCLINTOCK AND WIGGNS VOTING YES AND COUNCIL MEMBERS CAPOWSKI AND PAVÃO VOTING NO.

GROUNDSKEEPER POSITION

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY THAT THE POSITION OF GROUNDSKEEPER BE ELIMINATED. THE MOTION WAS APPROVED BY A VOTE OF 5-4, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, FOY AND WIGGINS VOTING YES AND COUNCIL MEMBERS CAPOWSKI, EVANS, McCLINTOCK AND PAVÃO VOTING NO.

CRISIS COUNSELOR POSITION

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY THAT THE POSITION OF CRISIS COUNSELOR BE ELIMINATED. THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS BATEMAN, BROWN AND FOY VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, EVANS, McCLINTOCK, PAVÃO AND WIGGINS VOTING NO.

Council Member Capowski said he favored having the funds from the four deleted positions designated to the Transportation Fund. Mayor Waldorf said she preferred that the funds be set aside in a Reserve Fund for a swimming pool and the installation of sidewalks, possibly an asphalt path, along Kingston Drive. Council Member Brown said if the funds were placed into the Town’s General Fund, the Council could designate specific uses during the next fiscal year. Council Member Capowski said that earmarking funds for sidewalks or other specific items complicated the budget process.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI SECONDED THAT THE MONEY SAVED FROM THE ELIMINATION OF THE FOUR POSITIONS BE PUT INTO THE TOWN’S FUND BALANCE. THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS BROWN, CAPOWSKI, McCLINTOCK, AND PAVÃO VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, EVANS, FOY AND WIGGINS VOTING NO.

Mayor Waldorf suggested that the Council consider the various ordinances and resolutions related to the Town’s budget.

Pay and Classification Plan Changes Effective on July 1, 1998

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 6, ACCEPTING THE PROPOSED PAY AND CLASSIFICATION CHANGES EFFECTIVE ON JULY 1, 1998. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)

Pay and Classification Plan Changes Effective on October 1, 1998

COUNCIL MEMBER McCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE AVERAGE PAY INCREASE FOR TOWN EMPLOYEES BE 4.25% INSTEAD OF THE RECOMMENDED 4.75%. THE MOTION FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS FOY AND McCLINTOCK VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, EVANS, CAPOWSKI, PAVÃO AND WIGGINS VOTING NO.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS TO ACCEPT THE PROPOSED PAY AND CLASSIFICATION CHANGES EFFECTIVE ON OCTOBER 1, 1998. ORDINANCE 7 WAS ADOPTED BY A VOTE OF 7-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, EVANS, FOY, PAVÃO AND WIGGINS VOTING YES AND COUNCIL MEMBERS FOY AND McCLINTOCK VOTING NO.

Recommended Reclassification of Selected Town Positions

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 8 REGARDING THE RECOMMENDED RECLASSIFICATION OF SELECTED TOWN POSITIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED OCTOBER 1, 1997 (98-6-8/O-8)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

That the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning October 1, 1997 (97-6-23/O-7) and subsequent amendments" as follows:

SECTION I

Change to be effective July 1, 1998:

In Section IV of the Classification and Pay Ordinance, part C, in the Public Works Department, Internal Services Division, delete the lines

Full-time Part-time Grade No.

# hrs. # hrs.

Mechanic (Levels 1 - 11) 5 40 - - 14-20

and add the lines

Mechanic (Levels 1 - 11) 4 40 - - 14-20

Mechanic Supervisor 1 40 - - 21

Changes to be effective October 1, 1998:

In Section III of the Classification and Pay Ordinance:

in grade 16 add the title Groundskeeper Level IV

in grade 21, delete the title Recycling Specialist I

in grade 23 change the title of Recycling Specialist II to Recycling Specialist

In Section IV of the Classification and Pay Ordinance part C, delete the lines

Full-time Part-time Grade No.

# hrs. # hrs.

In the Public Works Department, Landscape Division

Groundskeeper (Levels I - III) 15 40 - - 11-14

Landscape Supervisor II 1 40 - - 20

Landscape Supervisor I 2 40 - - 18

In the Solid Waste Department,

Secretary II 1 37.5 - - 15

Recycling Specialist II 3 40 - - 23

Recycling Specialist I 1 40 - - 21

and add the lines:

In the Public Works Department, Landscape Division

Groundskeeper (Levels I - IV) 15 40 - - 11-16

Landscape Supervisor II 1 40 - - 21

Landscape Supervisor I 2 40 - - 19

In the Solid Waste Department,

Secretary II I 1 37.5 - - 17

Recycling Specialist 4 40 - - 23

This the 8^th day of June, 1998.

Adoption of Various Town User Fees

Council Member Capowski inquired whether or not the Planning Department’s fees were intended to capture all directly attributable costs. Mr. Horton said that the Planning Department’s fees were intended to cover all major application-related costs.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 10, REGARDING VARIOUS USER FEES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING USER FEE POLICIES AND SCHEDULES FOR VARIOUS TOWN DEPARTMENTS (98-6-8/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts, effective on July 1, 1998, the attached user fees policies and schedules as submitted by the Town Manager on June 8, 1998:

Town Council Agenda Packet Fees

Development Review User Fees

Inspections User Fee Policy

Building Inspections Permit Fees: General Policy and Fee Schedule

Engineering Department Inspection Fee Policy

Municipal Cemetery Fee Schedule

Sanitation User Fee Policy

Street Cut Policy

Police Department Towing and Fee Schedule

Fire Department Permit Fee Policy

Parks and Recreation User Fee Policy

Chapel Hill Public Library Fines and Fees Policies and Schedules

Landfill User Fees

Transportation User Fees, Policies and Schedules

Municipal Parking User Fee Rates and Schedules

This the 8^th day of June, 1998.

Capital Improvements Program

Council Member McClintock suggested the possibility of designating cellular tower lease funds for the purchase of greenways. Noting that many downtown business owners strongly supported the Town’s streetscape program, Council Member Evans proposed adding $20,000 or perhaps $50,000 to the streetscape line item. Council Member Pavão said he concurred with this proposal. Council Member Capowski inquired about the viability of competing $50,000 in streetscape improvements during the next fiscal year. Mr. Horton said it would be necessary to contract this work out, as the work schedules for Town construction crews were fully booked. Council Member Brown inquired about the estimated additional cost for contracting out streetscape improvements. Mr. Horton said he could not offer a specific estimate since streetscape work had not been contracted out in the past.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO CHANGE THE STREETSCAPE 1998-99 APPROPRIATION FROM $0 TO $50,000. THE MOTION FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS EVANS AND PAVÃO VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, McCLINTOCK AND WIGGINS VOTING NO.

Council Member Foy suggested that $53,000 each could be designated for a sidewalk along Kingston Drive and as a reserve for the future Northern Community Pool. Mayor Waldorf inquired about the nature of the cemetery beautification project and the possibility of reducing this allocation. Mr. Heflin said the principal focus of this project was the restoration of cemetery markers damaged due to vandalism and the repair of walls and fences in the Town’s cemeteries. Stating that area cemeteries were an important community resource, Council Member McClintock said she would be reluctant to tap these funds. Noting that cemeteries had historical and emotional value, Council Member Capowski suggested maintaining the recommended funding and changing the term “cemetery beautification’ to “cemetery maintenance and restoration”.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK TO ADOPT A FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM WITH THE PROVISION OF INCREASING THE BIKEWAYS/SIDEWALKS APPROPRIATION FROM $50,000 TO $103,000 AND CREATING A NEW LINE ITEM FOR A POOL RESERVE OF $53,000. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

A RESOLUTION APPROVING THE 1998-2003 CAPITAL IMPROVEMENTS PROGRAM (98-6-8/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Manager’s Recommended 1998-2003 Capital Improvements Program as described in the memorandum dated June 8, 1998 with the following projects to be included in the Operating Budget ordinance for 1998-99 from the capital improvements fund:

	1998-99	1998-99 New
PROJECTS:	Reappropriation	Appropriation
Cemetery Beautification	20,100	5,000
Streetscape	20,000	0
Energy Efficiency Projects	40,000	30,000
Extraordinary Maintenance	35,000	47,000
Upgrade Town Topography Maps	47,000	33,000
Greenways	10,800	62,000
Lower Booker Creek Greenway, Phase II	260,000	0
Skateboard Facility	25,000	0
Small Park Improvements	35,500	50,000
Tennis Court Reconstruction	0	60,000
Elliott Rd. Fire St. Ramp & Floor Replacement	0	98,000
Elliott Rd. Fire St. Women's Restroom & Shower	0	10,000
Fire Training Facilities Renovations	103,000	55,000
Fire Truck Payment for Engine 32	0	55,000
Curb and Gutter	75,000	0
Curb Repairs: ADA Compliance	46,800	25,000
Sidewalk/Bikeways	111,000	103,000
Traffic Calming Projects Construction	20,000	20,000
Traffic Signal Upgrade	29,600	0
Pool Reserve	0	53,000
CAPITAL FUNDING TOTAL:	878,800	706,000
GRAND TOTAL 1998-99		1,584,800

This the 8^th day of June, 1998.

Adoption of Annual Budget Ordinance

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO , TO ADOPT ORDINANCE 9, THE ANNUAL BUDGET ORDINANCE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Authorizing Transportation Service Contracts with UNC and Town of Carrboro

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS TO ADOPT RESOLUTION 12, AUTHORIZING CONTRACTS WITH THE UNIVERSITY OF NORTH CAROLINA AND THE TOWN OF CARRBORO FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

A RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS WITH THE UNIVERSITY OF NORTH CAROLINA AND THE TOWN OF CARRBORO IN FY1998-99 (98-6-8/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Town Manager to execute on behalf of the Town, and in accord with adopted Memoranda of Understanding for transit services, contracts with the University of North Carolina at Chapel Hill and the Town of Carrboro for the Town to provide public transportation services, provided said contracts shall not increase the cost of the Town of Chapel Hill transit services above the Town’s budgeted amounts and are substantially in accord with the adopted budget of the Town of Chapel Hill.

This the 8th day of June, 1998.

Authorizing Application for Federal and State Public Transit Grants

COUNCIL MEMBER EVANS MOVED, COUNCIL MEMBER PAVÃO SECONDED TO AUTHORIZE THE APPLICATION FOR FEDERAL AND STATE GRANTS FOR PUBLIC TRANSIT. MOTION ADOPTED UNANIMOUSLY. (9-0).

A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED (98-6-8/R-13)

WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation program of projects; and

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and

WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that in connection with the filing of applications for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant files an assurance that it will comply with the Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and

WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contacts, or consultant and other services;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill:

1. That the Town Manager is authorized to execute and file applications on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and the North Carolina Department of Transportation, to aid in the financing of operating, capital and planning assistance projects pursuant to Section 3, 8 and 9 of the Urban Mass Transportation Act of 1964, as amended.

2. That the Town Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964.

3. That the Town Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications for the program of projects and budget.

4. That the Town Manager is authorized to set forth and execute affirmative minority business policies in connection with the project’s procurement needs.

5. That the Town Manager is authorized to execute grant agreements on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and N.C. Department of Transportation in aid in the financing of the operating, capital, and planning assistance program of projects.

This the 8^th day of June, 1998.

Authorizing Performance Agreements for Visitor Information and Cultural Events

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK TO AMEND RESOLUTION 14 TO INCLUDE $400 IN FUNDING FOR MS. SIMONE’S ART PROJECT. THE MOTION FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS FOY AND McCLINTOCK VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, EVANS, PAVÃO AND WIGGINS VOTING NO.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 14 AS PRESENTED, AUTHORIZING VARIOUS PERFORMANCE AGREEMENTS FOR VISITOR INFORMATION SERVICES AND CULTURAL EVENTS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING FY 1998-99 ALLOCATIONS FOR PERFORMANCE AGREEMENTS USING HOTEL/MOTEL TAX FUNDS (98-6-8/R-14)

WHEREAS, the Council adopted criteria for considering hotel/motel project proposals on January 23, 1989, and provided further guidance on October 14, 1991 and April 11, 1994; and

WHEREAS, the recommended proposals meet the criteria established by the Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following project proposals for FY 1998-99 for the use of hotel/motel tax funds:

Organization Purpose Amount

CH Arts Commission Administrative Services $3,500

El Pueblo Inc. La Fiesta del Pueblo $5,000

Hogar Hispano Hispanic Website $1,580

NC High School Championship Enhancement $10,000

Athletic Association

NC Writers Network Literary Gathering $500

Orange Co. Arts Comm. Arts Directory $2,000

Seeds of Sheba Cultural Arts Bazaar $5,000

Street Scene Teen Bands $2,920

Women’s Center Art Show $1,000

TOTAL $31,500

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to execute, on behalf of the Town, performance agreements with the above organizations for use of the hotel/motel tax funds.

This the 8^th day of June, 1998.

Mr. Horton thanked Finance Director James Baker, Personnel Director Pat Thomas and all of the Town staff who helped to produce this year’s Town budget. Council Member Capowski said he was happy that the Council had adopted a new budget without the need for an increase in property taxes. Mayor Waldorf said that it was very helpful to meet with Town department heads early in the process.

Council Member Bateman inquired about the status of outside advertising on Chapel Hill Transit buses. Mr. Horton said that Town staff would make arrangements for the Council to see a bus with exterior advertising logos.

Item 9 Joint Planning Items

Long Range Planning Coordinator Chris Berndt presented an overview of the joint planning items, noting that Town staff recommended Council adoption of Resolutions 15 and 16.

Carrboro Alderman Alex Zaffron, speaking in favor of both resolutions, presented an overview of Carrboro’s small area planning process to date.

Shirley Marshall said it was not the intent of Orange County to modify the ability of municipalities to do planning within their own boundaries. Ms. Marshall stated that the Town of Carrboro had a good plan with many opportunities for citizen participation.

Carol Greenslade said she had worked with the original planning group of twenty-six persons and had never heard about the proposal to have a floating zone outside of the Town of Carrboro’s jurisdiction. She expressed concern that the Town of Carrboro appeared to have taken a very good plan and had unexpectedly added the proposal for a floating zone. Ms. Greenslade requested that the Council not adopt the resolution including the proposed floating zone.

Forrest Greenslade said that the plan was a logical transition from urban to rural areas and the two proposed amendments were counterintuitive to the establishment of a logical floating zone. Mr. Greenslade expressed concern that the Carrboro Board of Aldermen was not receptive to the concerns of citizens residing in the transition area.

Linda Roberts said that she and nine other members of her family had specifically requested that their property be removed from the proposed land-use plan. Ms. Roberts said she was especially concerned about the possibility of the plan’s implementation resulting in the dissolution of the Calavander community. Ms. Roberts urged the Council not to adopt Resolutions 15 and 16 this evening.

Stating that she disagreed with the proposal for floating zones, Carolyn Miller urged the Council to place a cap on the total amount of land which could be rezoned at one time.

Jean Earnhardt, a resident of the northern transition area, said that she had been heavily involved in the planning process to date. Ms. Earnhardt also said she felt that the process had been very open and fair, with high design standards to assure the protection of resources and carefully managed growth. Ms. Earnhardt urged the Council to adopt the proposed resolutions before them this evening.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 15.

Council Member Brown asked Carrboro Planning Director Roy Williford when the Town of Carrboro’s process would be completed. Mr. Williford stated that the group was meeting weekly and hoped to complete its work during July. Council Member Brown inquired whether adoption of Resolution 15 meant that the matter would be forwarded to the Orange County Board of Commissioners. She also inquired what would happen in the event that Resolution 16 were tabled. Mr. Williford said that the two resolutions were a package which went together hand in hand.

Council Member Foy said that although the plan appeared to be a fundamentally good one, there appeared to be a number of unresolved difficulties between area residents and the Carrboro Board of Aldermen. Council Member Foy suggested that the Council adopt Resolution 15 and amend Resolution 16 by deleting the last sentence. Council Member Evans said if the last sentence were deleted, there would be no agreement because the matter had to be approved by the Council and the Orange County Board of Commissioners.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK, TO SUBSTITUTE COUNCIL MEMBER FOY’S MOTION FOR THE MAIN MOTION.

Council Member Foy inquired whether or not Carrboro officials were comfortable with the proposed amendment. Carrboro Mayor Michael Nelson said he was comfortable with the proposed amended resolution. Stating that the Town of Carrboro’s annexation policy was less aggressive than the Town’s annexation policy, Council Member Capowski inquired whether or not Mayor Nelson saw a change in this situation. Mayor Nelson said that the Town of Carrboro had been, and would continue to be, very cautious about its annexation policy. He noted that the area under discussion this evening would be annexed into the Town of Carrboro in the future.

Council Member Wiggins expressed support for the proposed amendment since Town of Carrboro officials were willing to accept the proposed amended resolution as a compromise. She also noted that the Carrboro Board of Aldermen appeared to be quite sensitive to the concerns of area residents.

Council Member Evans said she would support the proposal since the matter was a concern between the Town of Carrboro and the Orange County Board of Commissioners. RESOLUTION 15 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING AN AMENDMENT TO THE JOINT PLANNING AREA LAND USE PLAN AND MAP TO INCORPORATE THE SMALL AREA PLAN FOR CARRBORO’S NORTHERN STUDY AREA (98-6-8/R-15)

WHEREAS, a Small Area Plan that provides a framework for the future use of land within Carrboro’s northern growth area was accepted by the Carrboro Board of Aldermen on August 19, 1997; and

WHEREAS, the Small Area Plan was the product of a four year planning process that involved numerous public officials, planners, and residents of the affected area, culminating in a two-day facilitated workshop sponsored by Orange County, Chapel Hill, and Carrboro; and

WHEREAS, the geographic area covered by the Small Area Plan includes Carrboro’s Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan; and

WHEREAS, implementation of the recommendations contained in the Small Area Plan requires certain amendments to the Joint Planning Area Land Use Plan; and

WHEREAS, the three governing boards of Orange County, Chapel Hill and Carrboro held a public hearing on April 18, 1998;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the amendment of the joint planning land use plan as follows:

1. Section VII of the Plan (“Overview of Implementation Strategies”) is amended on page 91 by adding under the heading “Coordinating with other Plans” a second paragraph to read as follows: “Without limiting the generality of the foregoing, the “Facilitated Small Area Plan for Carrboro’s Northern Study Area,” accepted by the Carrboro Board of Aldermen on August 19, 1997, is specifically incorporated by reference into this Plan and supersedes any provisions of this Plan that are inconsistent with the Small Area Plan with respect to the CJDA Transition Area”.

2. Section V of the Plan (“Joint Planning Operating Principles”) is amended on page 59 by deleting the entire first paragraph at the top of the page, which begins with “The portion of the Transition Area….” and includes numbered subparagraphs 1 through 5. (The deleted language divides Carrboro’s Transition Area into Transition Area I and Transition Area II and prohibits the density of Transition Area II from exceeding one unit per acre until at least 75% of the area within Transition Area I meets certain developmental thresholds.)

3. Section VI of the Plan (“Future Land Use - Joint Planning Area”) is amended on page 71 by deleting from the first paragraph under the heading “Transition Areas” everything after the first two sentences. (The deleted language references and describes the division of Carrboro’s Transition Area into Transition Area I and Transition Area II as described above.)

This the 8^th day of June, 1998.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 16, EXCLUDING THE LAST SENTENCE. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, McCLINTOCK, AND WIGGINS VOTING YES AND COUNCIL MEMBERS EVANS AND PAVÃO VOTING NO.

A RESOLUTION ADOPTING AN AMENDMENT TO THE JOINT PLANNING AGREEMENT TO INCORPORATE CHANGES RELATED TO THE SMALL AREA PLAN FOR CARRBORO’S NORTHERN STUDY AREA (98-6-8/R-16)

WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement on November 2, 1987; and

WHEREAS, a Small Area Plan that provides a framework for the future use of land within Carrboro’s northern growth area was accepted by the Carrboro Board of Aldermen on August 19, 1997; and

WHEREAS, the Small Area Plan was the product of a four year planning process that involved numerous public officials, planners, and residents of the affected area, culminating in a two-day facilitated workshop sponsored by Orange County, Chapel Hill, and Carrboro; and

WHEREAS, the geographic area covered by the Small Area Plan includes Carrboro’s Transition Area as identified in the Joint Planning Agreement; and

WHEREAS, implementation of the recommendations contained in the Small Area Plan requires certain amendments to the Joint Planning Agreement; and

WHEREAS, the three governing boards of Orange County, Chapel Hill, and Carrboro held a public hearing on April 8, 1998;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves an amendment to the joint planning agreement as follows:

1. Section 1.2 (Definitions) of the Agreement is amended by deleting from subsection H (“Transition Area”) everything after the first three sentences. (The deleted language divides Carrboro’s Transition Area into Transition Area I and Transition Area II and prohibits the density of Transition Area II from exceeding one unit per acre until at least 75% of the area within Transition Area I meets certain developmental thresholds.)

2. Section 2.1 (Standards Within the Transition Area) of the Agreement is amended by deleting the last sentence of paragraph B, which provides “Transition Area II shall have density limited pursuant to Section 1.2H.”

3. Subsection 2.6E of the Agreement is amended by rewriting the second sentence and by adding a new third sentence to read as follows: “With respect to property that is located within the CJDA Transition Area, changes in zoning classifications, other than changes to the “floating” conditional use districts designed to implement the recommendations of the “Facilitated Small Area Plan for Carrboro’s Northern Study Area (i.e. changes to Carrboro’s Traditional Neighborhood conditional use district or Office/Assembly conditional use district) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies.

This the 8^th day of June, 1998.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN TO ADOPT RESOLUTION 17, ADOPTING AN AMENDMENT TO THE JOINT PLANNING AGREEMENT TO ALLOW DEVELOPMENT MORATORIA. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING AN AMENDMENT TO THE JOINT PLANNING AGREEMENT TO ALLOW DEVELOPMENT MORATORIA (98-6-8/R-17)

WHEREAS, Orange County, Chapel Hill, and Carrboro entered into a Joint Planning Agreement on November 2, 1987; and

WHEREAS, the Town of Carrboro has proposed to amend the Agreement to allow for Development Moratoria while land use ordinance amendments are being considered; and

WHEREAS, the three governing boards held a joint public hearing on April 8, 1998;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves an amendment to the Joint Planning Amendment to allow for the adoption of Development Moratoria as heard at the public hearing on April 8, 1998.

BE IT FURTHER RESOLVED that the Council notes to the Orange County Board of Commissioners the following comments:

· The amendment could be improved by better definition of the public health, safety and general welfare rationales for adopting a moratorium.

· The time limit could be clarified to not permit a moratorium to be re-imposed on property after the expiration of the twelve month period.

· The language could be clarified to allow the moratorium to apply to portions of a Transition area.

This the 8^th day of June, 1998.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO TABLE INDEFINITELY AMENDING THE JOINT PLANNING AREA LAND USE PLAN TO EXPAND THE CHAPEL HILL TRANSITION AREA PLAN CATEGORY TO INCLUDE TWO TRACTS ON THE NORTH SIDE OF EUBANKS ROAD, AS WELL AS, SEVEN OTHER LOTS IN THE AREA. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 10 Adoption of the Sidewalk and Bicycle Facilities Plan

Jay Huntington-Meath, an Oxford Hills resident, requested that improvements along Old Oxford Road be completed before the start of another school year. He noted that Old Oxford Road narrowed dramatically, making it difficult to see around a bend in the road.

Art Dodd, a resident of the Weaver Dairy Road area, asked the Council to remember that he had presented them with a petition last September signed by over five hundred persons favoring the installation of sidewalks along Weaver Dairy Road.

Noting the lateness of the hour, Mayor Waldorf suggested that Council action on this matter could be deferred to the June 22^nd meeting. There was Council concurrence to defer action on the matter until June 22^nd.

Arnold Loewy suggested that the definition of the term “contiguous property” should be considered in the capacity to do harm. Mr. Loewy strongly suggested that the Council not vigorously pursue efforts to define the term “contiguous property” in the legal sense of the words.

The Council unanimously concurred to defer the remaining items on the agenda to the beginning of the June 22^nd regular business meeting. The motion was adopted unanimously (9-0).

COUNCIL MEMBER CAPOWSKI MOVED, COUNCIL MEMBER FOY SECONDED TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)

The meeting stood adjourned at 11:24 p.m.