5

SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, NOVEMBER 24, 2003 AT 7:00 P.M.

Mayor Kevin Foy called the meeting to order at 7:00 p.m.

Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Bill Strom, Dorothy Verkerk, Jim Ward and Edith Wiggins.

Council Member Mark Kleinschmidt was absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant Finance Director Kay Johnson, Accounting Services Manager Jeanne Erwin, Finance Director Jim Baker, Police Chief Gregg Jarvies, Fire Chief Dan Jones, Assistant to the Mayor Emily Dickens, Planning Director Roger Waldon, Senior Long Range Planning Coordinator Chris Berndt, Stormwater Engineer Fred Royal, Senior Planner Phil Hervey, Assistant Transportation Director Kurt Neufang, and Town Clerk Joyce Smith.

Also present were Council Members-elect Sally Greene and Cam Hill.

Item 1 - Ceremony: Recognition of the

Family Violence Prevention Center (Amy Holloway)

Mayor Foy introduced the Family Violence Prevention Center's Executive Director Amy Holloway, who explained that the two-year-old Center had been started by a group of citizens who were concerned about the lack of services within Orange County for victims of domestic violence and their children. The Center began by providing emergency counseling through their hotline services, she said, and had expanded to include court advocacy and support groups in both Spanish and English. Ms. Holloway explained that the Center had developed a four-part training series for professionals and had initiated prevention programs in both of Chapel Hill's high schools.

Ms. Holloway told Council members that a grant from the NC Crime Commission would decrease from $120,000 to about $30,000 on July 1, 2004. The Family Violence Prevention Center was reaching out to the community for help so they will not have to cut back on services at a time when they're being asked to increase them, she said. Ms. Holloway stated that the Center had become a resource for other community agencies, including law enforcement, the courts, UNC Hospital, and the University. She noted that the Center's services were free and confidential, and pointed out that that the Town would be investing in a good cause. Ms. Holloway added that Council members could help by referring victims to the Center, where they would be safe.

Item 2 - Report from Mayor Foy:

Achievements of the 2001-2003 Council

Mayor Foy pointed out that this would be the last meeting this term of this Town Council, with the formal transition to the new Council taking place on December 8, 2003. He described the past two years as "very productive," pointing out that the Council had met formally 120 times. In addition, Council members had participated in many subcommittees and had worked independent of each other, he said. Mayor Foy remarked that the Council does not take much time to reflect on what they have accomplished together. So that was what he was going to do this evening, he said.

Mayor Foy explained that this Council's accomplishments had focused on Land Use Management, Affordable Housing, Planning for the Future, Downtown, Public Safety, Transportation, Public Art, and Town Gown Relations. Land Use Management was one of the Council's primary responsibilities, he said, pointing out that the Council had adopted a new Land Use Management Ordinance (LUMO). Mayor Foy added that the Town had also passed a new Schools Adequate Public Facilities Ordinance (SAPFO), a Water Conservation Ordinance, and the development of a Design Manual.

Mayor Foy described the LUMO as a far-reaching ordinance that would guide the Town over the next few years. The Council had chosen to have it focus on protection and conservation of existing neighborhoods, he said, and they had put very strong environmental protections in place. These protections include an expanded Resource Conservation District, strict stormwater management rules, better tree protection, and strong environmental protections for development on steep slopes. The Town had made a commitment to maintaining the Urban Services Boundary to prevent sprawl and to ensure that there is a long-term buffer of lower density around the Town, said Mayor Foy. He pointed out that the Town had also worked to encourage affordable housing.

Mayor Foy described the SAPFO as a landmark ordinance, which required cooperation with Carrboro, Orange County, and the area school boards. The purpose was to ensure that the area does not continue to have overcrowded schools because the Town failed to link development with school capacity, he said. Mayor Foy remarked that working with the Town's counterparts in Orange County and Carrboro had taken a long time but had been worth it in the end.

Mayor Foy described Northside as an example of how the LUMO encourages neighborhood protection. He pointed out that the Neighborhood Conservation District empowers existing neighborhoods to institute measures that protect their unique character. Northside was on the leading edge of working under this new concept, he said.

Mayor Foy explained that the Town had been very successful in the area of Affordable Housing. The Council had consistently insisted that 15% of all new units be set aside for low- to moderate-income housing, he said. He pointed out that the Town had received commitments over the past few years to build more than 150 affordable units and had received financial commitments of more than $180,000 from the private sector to build affordable housing. The Town also continues to support, in dollars and other resources, non-profits that build affordable housing, he said. Mayor Foy pointed out that the Town had made major capital investments in its 336 units of public housing and contributes an estimated value of about $330,000 a year to the homeless shelter, a Town-owned building which the Town maintains and for which it pays the utilities.

Mayor Foy stated that this Council had acquired more than 178 acres of land over the last two years for greenways, open space, and the new Town Operations Center. A significant portion of this land will be open space, he said. Mayor Foy noted that the Council had adopted a new Parks and Recreation Master Plan that would guide the Town over the next 15 years as it develops the Southern Community Park and the Aquatics Center. The Town had obtained voter approval of a $7 million bond referendum to carry out the long-term plan for greenways and open space, he said. Mayor Foy added that the Council had also obtained voter approval for a $16 million bond referendum to implement the master library plan.

Mayor Foy pointed out that the Council was continuing to plan the new Town Operations Center, where the Transit and Public Works facilities would be based. They were continuing to plan the Southern Community Park, he said, adding that the Park had been funded and put on a fast track by the efforts of this Council. In addition, the Council was continuing to work on the Aquatics Center and was integral in getting approval for the extra $3.5 million needed to build it at Homestead Park, Mayor Foy explained. He said that this Council had also obtained voter approval for the new energy efficient investment in Town infrastructure.

Mayor Foy stated that the Mayor's Downtown Task Force had grown out of an effort that the Council had funded and supported, which was the University Retail Group's effort with the Downtown Commission and UNC. The Town was working to collaborate with the private sector and the University to help shape the future of Downtown, he said. Mayor Foy noted that the Town had made other investments in the Downtown and said that citizens would see a continuing and visible improvement in what already was a wonderful commercial area.

Mayor Foy said that Transportation was one of the strong points of this Council and its predecessors. He noted that Chapel Hill, Carrboro and UNC had instituted a fare free bus system expected to carry nearly five million passengers this year, up from three and half million when this Council was first seated. In other transportation efforts, the Council had worked diligently with the Department of Transportation (DOT) to achieve a design for Weaver Dairy Road that would create a safe urban roadway, he said. Mayor Foy noted that the Council had worked with DOT and UNC to implement modest, but necessary, safety improvements for South Columbia Street. These improvements will keep that a neighborhood street that will be in the context of its surrounding neighborhood, he said.

Mayor Foy noted that the Town had opened a new fire station. Also, Chapel Hill has one of the most unusual police departments in the nation, he said, referring to the Department's involvement in the Downtown and the Northside neighborhood in response to citizens concerns. The Chapel Hill Police Department acts as a catalyst for improvements in neighborhoods and not solely as a regulating presence, he said.

Mayor Foy added that the Town had successfully completed the Hamilton Road pedestrian improvements. And, through its traffic calming efforts, the Council had demonstrated that it take the public's concern about increasing traffic in neighborhoods seriously, he said.

Mayor Foy stated that the Town's "Percent For Art" program would bear fruit for decades. He explained that all capital improvements in Town must contain1% for public art as part of their budget.

With regard to Town-Gown relations, Mayor Foy stated that this Council had lead the way in setting a tone that will be an example for the future. The Council had worked very strongly on behalf of citizens to ensure that UNC and the Town coexist in a way that each respects the purview and responsibility of the other, he said. Mayor Foy stated that part of the reason this Council had succeeded was that Council members and UNC administrators had worked together, even when they disagreed, and had always been willing to listen to each other and to compromise where necessary. "It has been my honor to work with all of the members of this Council and I think we set a very high standard for the future," said Mayor Foy.

Item 3 - Petitions by Citizens and Announcements by Council Members

3a. Petitions by citizens on items not on the agenda.

3a(1). Alice DeBellis, regarding Installation of a Traffic Signal at Sage Road and Erwin Road.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

3a(2). Frank Porter Graham School Governance Committee and the Berryhill Homeowners’ Association Board, regarding Request for Installation of Flashing Speed Limit Lights for School Zone.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

3a(3). Robert Schreiner, Chair, Library Board of Trustees, regarding Library bonds.

Mr. Schreiner thanked the Town Council for its vision and its support of the bonds. He described the recent bond referendum as an "unbelievable success." Mr. Schreiner said that the Library Board had been urging a move to the future and that voters seem to have agreed with that. The Town now has the opportunity to do something in terms of library services for the community for the next 20 years, he said. Mr. Schreiner asked Council members to authorize funds as quickly as possible for engineering and architectural planning. The Library Board, Friends of the Library, Library Foundation, Library staff, and a group of involved citizens were ready to get started on the next steps, he said. Mr. Schreiner gave special thanks to Council Member Verkerk for her enthusiasm and energy in leading the bond effort. He also thanked retiring Council Members Bateman and Evans for their commitment over the years.

Mayor Foy thanked the Library Board of Trustees for being present and for being so consistently supportive of the Town Library.

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

3a(4). Frances Ferris, regarding Consideration of the Creation of Student Positions on Town Committees.

UNC Student Body Secretary Francis Ferris, representing the Executive Branch of Student Government as well as the Graduate and Professional Student Federation, proposed that the Council create student positions on committees that deal with issues of particular importance to the student body. She said that these would include, but not be limited to, the Bicycle and Pedestrian Advisory Board, Community Design Commission, Historic District Commission, Human Services Advisory Board, Planning Board, and Transportation Board. Ms. Ferris also asked that the Council consider reducing the term limits on these committees from three to two years. This would facilitate student involvement, she said.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

3a(5). Nancy Milio, regarding Affordable Rentals, Inc.

Ms. Milio, Board Chair of Affordable Rentals Inc. (ARI), asked the Council to consider a one-time bridge operating grant for the first six months of 2004. ARI's mission was to develop, improve and manage affordable rentals in Orange County for families who earn between 30% and 50% of the area median income, she explained. Ms. Milio added that Affordable Rentals had been formed as a follow-through on the 2000 Commissioner's Taskforce on ARI, where affordable rentals had been highlighted as a serious need throughout Orange County. In their 27 months of existence, they had acquired more than $900,000 in affordable housing assets through the use of Community Development Block Grant (CDBG) and HOME funds, County Housing bond funds, private and commercial loans, donations, and a grant for a local foundation to partially cover operating costs. Ms. Milio stated that ARI expected to own 17 affordable housing rental units and to manage 22 others in 2004.

Ms. Milio explained that ARI had been operating for 16 months with a half-time staff. But its rapid growth requires that they have a full time director, she said. She stated that they had recently been stunned to learn that they would not receive any foundation money due to a misunderstanding on the part of the foundation. Ms. Milio said that ARI had made a case with the foundation to come before the Council and discuss an alternate plan for a two-year transitional set of budgets at about $55,000 to $60,000 a year to enable ARI to reach financial sustainability.

Funding was expected to begin again in July 1, 2004, Ms. Milio said, but there will be a shortfall of $3,300 per month until then. This totals about $20,000 between January and July, she said. Ms. Milio explained that ARI had explored every other short-term option they could think of before coming to the Town Council to ask for $20,000, or a substantial part of that. ARI would also petition Carrboro, she said, and that they have a commitment from a private donor for a partial match of public funds.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Foy told Ms. Milio that the Council would receive a recommendation from the Manager within the next few weeks. The Manager probably would also contact ARI directly, he said.

3a(6). Bryan Clemmons, proposed Orange County High School, regarding condemnation.

Greensboro resident Bryan Clemmons, speaking for the owner, Mr. Glover, of land off Smith Level Road, stated that the Chapel Hill-Carrboro School Board was trying to condemn Mr. Glover's land in order to use the site for a new school. Mr. Glover would like to pursue a higher offer from another party, Mr. Clemmons explained. He questioned why Mr. Glover's site was being pursued when there was a site on the east side of Smith Level Road that was larger and less expensive and which the School Board prefers. Mr. Clemmons recommended that the Town consider extending services to that other 100-acre site. This would save millions of dollars in land and development costs, he said.

Council Member Bateman pointed out that to say Mr. Glover's land was "the site" was not accurate. That land was one of three sites that the School Board was looking at, she said, and two of those were owned by willing sellers.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mr. Horton noted that the Agenda Item 10.1(a) should be changed to become Information Item 5g, since it was not necessary for the Council to discuss it. He also noted that Council Member Bateman had requested that Agenda Item 11 follow Agenda Item 8.

COUNCIL MEMBERS AGREED BY CONSENSUS TO MOVE AGENDA ITEM 10.1(a) TO THE INFORMATION REPORTS AS ITEM 5G, AND TO MOVE AGENDA ITEM 11 FORWARD TO FOLLOW AGENDA ITEM 8.

3b. Petitions by citizens on items on the agenda. None.

3c. Announcements by Council members.

Mayor pro tem Evans said that for the 10 years she had been on the Council she had tried to focus on cooperation among all segments of the community, including the business community and the University. She read a letter from UNC Vice Chair Nancy Suttenfield and UNC Hospitals Director Eric Munson which stated that they had agreed to allocate $50,000 each to the Town for the purchase of a mini fire pumper for the Fire Department to use in crowded situations.

Item 4 - Consent Agenda

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-11-24/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 October 8 (Work Session and Business Meeting), 20, and 27, 2003.
b.	Nominations to various advisory boards and commissions (R-2).
c.	A Resolution Authorizing Increase in Cablevision Public Access Fees (R-3).
d.	Budget Ordinances for the Town Operations Center Capital Project (O-1, O-2).
e.	Municipal Agreement between the Town and the State for Millhouse Road Improvements (R-4).
f.	Request for Expedited Process of a Special Use Permit Modification Application for OWASA Wastewater Treatment Facility (R-5).
g.	Acceptance of Active Living by Design Grant (R-6, O-3).
h.	Identifying Areas as Being Under Consideration for Possible Future Annexation (R-7).
i.	Areas Under Consideration for Possible Future Annexation (R-8).
j.	Acceptance of National Trails Program Grant for the Dry Creek Trail (R-9, O-4, O-5).
k.	Response to Petition from the Memorial Hall Transformation Committee (O-6).
l.	Salary Increases for Town Manager and Town Attorney (O-7).
m.	Recommended Changes to Position Classification and Pay Plan (O-8).
n.	Title Change for One Assistant Town Manager Position (O-9).
o.	Status Report on Stormwater Utility Development (R-10).
p.	Status Report on the Durham-Chapel Hill-Carrboro Urban Area 2030 Regional Transportation Plan Schedule and Process (R-11).
*q.	Contract with Corley Redfoot Zack, Inc. for Town Operations Center Design Work (R-11.1).

This the 24^th day of November, 2003.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-11-24/R-2)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Chapel Hill Public Arts Commission

Debbie Hepp

Laura Noyes

Richard Robinson, Jr.

Historic District Commission

Morgan Metcalf

Housing and Community Development Advisory Board

Jaclyn Taafe

Shawn Thompson

Personnel Appeals Committee

Anita Badrock

Rebecca Clark

Technology Committee

Brandon Perkins

This the 24^th day of November, 2003.

A RESOLUTION ADOPTING AN INFLATION ADJUSTMENT TO THE PUBLIC ACCESS FEE BILLED TO CABLE TELEVISION CUSTOMERS IN CHAPEL HILL (2003-11-24/R-3)

WHEREAS, on November 10, 2003, the Town Council held a public forum on whether to increase the cablevision public access fee; and

WHEREAS, a 1-cent increase in the public access fee would generate about $1,600 in additional funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby increases the public access fees from 71 to 72 cents per month, beginning January 1, 2004.

This the 24^th day of November, 2003.

AN ORDINANCE ESTABLISHING A CAPITAL PROJECT ORDINANCE FOR A NEW PUBLIC WORKS OPERATIONS CENTER (2003-11-24/O-1)

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 project ordinance is hereby established as follows.

SECTION I

Funds available for this project include proceeds from the issuance an of installment contract such as Certificates of Participation, local contributions from the Town, sales tax refunds and potential grants and agreements from federal or State agencies.

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 any approved financing agreements executed and the funds appropriated herein.

SECTION III

Initial revenues anticipated to be available to the Town to complete activities as outlined in the project budget are as follows:

Amount

Proceeds from Certificates of Participation 23,850,000

Sales Tax Refunds 541,000

Total 24,391,000

SECTION IV

Initial amounts appropriated for the project are amended as follows:

Amount

Public Works and Public Housing Operations Center 24,391,000

SECTION V

The Manager is directed to report annually on the financial status of the project in an information section to be included in the Annual Budget, and shall keep the Council informed of any unusual circumstances.

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 24^th day of November, 2003.

AN ORDINANCE TO AMEND THE CAPITAL PROJECT ORDINANCE FOR A NEW TRANSPORTATION OPERATIONS CENTER (2003-11-24/O-2)

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 is hereby amended as follows.

SECTION I

Funds available for this project include local contributions from the Town’s Transportation Capital Reserve Fund, grants and agreements from the Federal Transit Administration, and potential proceeds from debt financing agreements.

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 grant agreements executed with the Federal Transit Administration and the funds appropriated herein.

SECTION III

Revenues anticipated to be available to the Town to complete activities as outlined in the project budget are hereby amended as follows:

Current Revised

Budget Budget

Town of Chapel Hill (local match from

Transportation Capital Reserve Fund) 172,950 1,964,950

Federal and State Grants 44,577 1,483,000

Proceeds from Certificates of Participation 0 14,685,577

Sales Tax Refund 0 402,000

Total 217,527 18,535,527

SECTION IV

Amounts appropriated for the project are hereby amended as follows:

Current Revised

Budget Budget

Transportation Operations Center 217,527 18,535,527

SECTION V

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 24^th day of November, 2003.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE STATE FOR $135,000 TO CONSTRUCT IMPROVEMENTS ON MILLHOUSE ROAD IN CHAPEL HILL (2003-11-24/R-4)

WHEREAS, the North Carolina Department of Transportation and the Town of Chapel Hill have agreed that certain improvements are necessary on Millhouse Road, including relocation of a railroad crossing and installation of a traffic signal; and

WHEREAS, the Town agrees to prepare, provide and/or obtain any necessary permits, plans, specifications, estimates, rights-of-way, utility relocations/adjustments, contract awards, and project supervision; and

WHEREAS, the Department agrees to participate in construction of the Millhouse Road improvements by reimbursing the Town for associated expenditures in an amount not to exceed $135,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a Municipal Agreement with the North Carolina Department of Transportation for relocating a railroad crossing on Millhouse Road and for installing a traffic signal at the intersection of Millhouse Road and Eubanks Road, and authorizes its execution by the Town Manager and the Town Clerk on behalf of the Town.

This the 24^th day of November, 2003.

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE OWASA MASON FARM ROAD WASTEWATER TREATMENT FACILITY (2003-11-24/R-5)

WHEREAS, the Town Council has received a petition from the Orange Water and Sewer Authority for expedited processing of a Special Use Permit Modification application seeking approval of an expansion of the Mason Farm Road Wastewater Treatment Facility; and

WHEREAS, the Town Council finds that there is a public interest associated with expansion of the wastewater treatment facility;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of a Special Use Permit Modification application for expansion of the Mason Farm Road Wastewater Treatment Facility in a manner that will speed review without sacrificing breadth or depth of review. If the Special Use Permit Modification application is prepared and submitted in a timely manner, the following tentative schedule is hereby endorsed:

Concept Plan Review by the Community Design Commission on December 17, 2003
Concept Plan Review by the Town Council on January 12, 2004 (Business Meeting)
Public Hearing for Special Use Permit Modification application on February 16, 2003
Council action on the application as early as February 23, 2003, depending on issues raised

This the 24^th day of November, 2003.

A RESOLUTION ACCEPTING AN ACTIVE LIVING BY DESIGN GRANT FROM THE ROBERT WOOD JOHNSON FOUNDATION TO IMPLEMENT THE PROPOSED CHAPEL HILL COMMUNITY MOBILTY AND HEALTH INITIATIVE (2003-11-24/ R-6)

WHEREAS, the Town of Chapel Hill prepared a grant application to fund the Chapel Hill Community Mobility and Health Initiative; and

WHEREAS, the Robert Wood Johnson Foundation has awarded the Town an Active Living By Design grant totaling $200,000; and

WHEREAS, the Council has determined that the proposed Chapel Hill Community Mobility and Health Initiative would support Town efforts to increase mobility and public health;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the Robert Wood Johnson Foundation Active Living By Design Grant and authorizes the Town Manager to implement the program as proposed.

This the 24^th day of November, 2003.

AN ORDINANCE ESTABLISHING A PROJECT BUDGET FOR A TRANSPORTATION PLANNING GRANT (2003-11-24/O-3)

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 projects are hereby established:

SECTION I

The Active Living by Design funds are from 2003 grant funds made available from an agreement with the Robert Wood Johnson Foundation.

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 agreements executed with the Robert Wood Johnson Foundation and 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.

Robert Wood Johnson Foundation Grant $200,000

TOTAL $200,000

SECTION IV

The following amounts are appropriated for the Robert Wood Johnson Foundation project:

Full Time Salaries $ 63,180

Fringe Benefits 13,900

Marketing 51,450

Business Meetings and Training 12,302

Miscellaneous Contracted Services 57,168

Equipment 2,000

Total $200,000

This the 24^th day of November, 2003.

A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (2003-11-24/R-7)

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

SECTION 1

That pursuant to G.S. 160A-49(i), the following described areas are identified as being under consideration for annexation by the Town of Chapel Hill, under provisions of Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Generally, the unincorporated areas between Chapel Hill’s existing corporate limits and the Town’s Urban Services Boundary as identified on the 2000 Land Use Plan that was adopted by the Council on May 8, 2000.

The above-referenced areas are specifically shaded on the attached map (“Areas Under Consideration for Future Annexation – November 24, 2003”), which shall be incorporated into this resolution by reference, in accordance with N.C. General Statute 160A-49(i).

SECTION 2

That pursuant to G.S. 160A-49(i), persons subject to annexation by this Resolution of Consideration are hereby notified of their rights under North Carolina General Statute Subsections 160A-49(f1) and 160A-49(f2).

Subsections 160A-49(f1) and (f2) provide as follows:

(f1) Property Subject to Present-Use Value Appraisal. – If an area described in an annexation ordinance includes agricultural land, horticultural land, or forestland that on the effective date of annexation is:

(1) Land that is being taxed at present-use value pursuant to G.S. 105-277.4; or

(2) Land that:

a. Was on the date of the resolution of intent for annexation being used for actual production and is eligible for present-use value taxation under G.S. 105-277.4, but the land has not been in use for actual production for the required time under G.S. 105-277.3; and

b. The assessor for the county where the land subject to annexation is located has certified to the city that the land meets the requirements of this subdivision;

the annexation becomes effective as to that property pursuant to subsection (f2) of this section.

(f2) Effective Date of Annexation for Certain Property. – Annexation of property subject to annexation under subsection (f1) of this section shall become effective:

(1) Upon the effective sate of the annexation ordinance, the property is considered part of the city only (i) for the purpose of establishing city boundaries for additional annexations pursuant to the Article and (ii) for the exercise of city authority pursuant to Article 19 of this Chapter.

(2) For all other purposes, the annexation becomes effective as to each tract of such property or part thereof on the last day of the month in which that tract or part thereof becomes ineligible for classification pursuant to G.S. 105-227.4 or no longer meets the requirements of subdivision (f1)(2) of this section. Until annexation of a tract or a part of a tract becomes effective pursuant to this subdivision, the tract or part of a tract is not subject to taxation by the city under Article 12 of Chapter 105 of the General Statutes nor is the tract or part of a tract entitled to services provided by the city.

SECTION 3

That a copy of this resolution shall be filed with the Town Clerk.

This the 24^th day of November, 2003.

A RESOLUTION REQUESTING ASSISTANCE FROM THE ORANGE WATER AND SEWER AUTHORITY IN PLANNING FOR FUTURE ANNEXATIONS (2003-11-24/R-8)

WHEREAS, the Town of Chapel Hill has for several years, the Council has declared its intent to consider for future annexation all of the land between the current Town Limits and the Urban Services Area boundary and has adopted a Resolution Identifying such Areas as Being Under Consideration for Possible Future Annexation; and

WHEREAS, State law requires that, major trunk water mains and sewer outfall lines must be extended into an annexation area so that property owners will then be able to secure public water and sewer service; and

WHEREAS, where the extension of major water or sewer lines is necessary, an annexation plan must set out a timetable for completion of construction within two years of the effective date of annexation; and

WHEREAS, the Town Council desires to develop a long-range plan for annexing the areas outside the Town limits in the urban services area;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests Orange Water and Sewer Authority to provide an estimate of work and costs necessary to provide sewer and/or water services in the neighborhoods in Chapel Hill’s designated potential future annexation areas within the Town’s urban services area.

This the 24^th day of November, 2003.

A RESOLUTION ACCEPTING A $30,000 NATIONAL TRAILS PROGRAM GRANT FOR THE CONSTRUCTION OF TWO BRIDGES TO ACCESS THE 34-ACRE DRY CREEK OPEN SPACE PROPERTY (2003-11-24/R-9)

WHEREAS, in 1991, the Town of Chapel Hill, Orange County, City of Durham, and Durham County adopted the New Hope Corridor Open Space Master Plan, which includes trails along Dry Creek; and

WHEREAS, on June 23, 1997 the Council adopted the “Dry Creek Greenway Conceptual Report to the Town Council”, which set as a goal the construction of a trail along Dry Creek from East Chapel Hill High School to the Durham County line; and

WHEREAS, in 2000 the Council purchased the 34-acre Dry Creek open space property; and

WHEREAS, in 2002, the Council authorized the Manager to build natural surface trails on the 34-acre Dry Creek open space property; and

WHEREAS, the Dry Creek Trail currently ends at Perry Creek Road; and

WHEREAS, construction of a bridge over Dry Creek would allow extension of the Dry Creek Trail to Erwin Road and pedestrian access from the Springcrest and Silver Creek neighborhoods; and

WHEREAS, there is currently no safe access to the property from the Springcrest and Silver Creek neighborhoods;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts a $30,000 National Trails Program grant for the construction of two bridges on the Town’s 34-acre Dry Creek open space property.

BE IT FURTHER RESOLVED that the Manager is authorized to begin design of the bridges and to report back to the Council at a future time to present a final recommended design and budget.

This the 24th day of November, 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-11-24/O-4)

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, 2003” as duly adopted on June 9, 2003 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

CAPITAL

IMPROVEMENTS FUND

Greenways 55,000 40,000 15,000

Transfer to Multi-

Year Capital Fund 0 40,000 40,000

This the 24^th day of November, 2003.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2003-11-24/O-5)

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 capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:

SECTION I

The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital Improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.

SECTION III

Revenues anticipated to be available to the Town to complete the project are hereby amended as follows:

Current Budget Revised Budget

Adopt-A-Trail Grant 39,630 69,630

Clean Water Management Grant 200,000 200,000

Chapel Hill-Carrboro School 148,059 148,059

Metropolitan Planning Grant 79,000 79,000

State Bicycle/Pedestrian Grant 300,000 300,000

Pritchard Park Gift 100,193 100,193

Pritchard Park Interest & Rental Income 63,807 63,807

Donations 2,000 2,000

Orange County Bond Funds 205,000 205,000

Transfer from CIP Fund 423,549 463,549

Transfer from General Fund 76,875 76,875

Transfer from Library Gift Fund 383,450 383,450

Interest Earnings 88,156 88,156

N.C. Transportation Grant 212,865 212,865

OWASA Reimbursement 42,931 42,931

Pedestrian Signal Reimbursement 5,000 5,000

N. C. DOT Grant 207,500 207,500

Current Budget Revised Budget

Installment Purchase Proceeds 1,200,000 1,200,000

Library Gifts and Donations 175,000 175,000

Other 30,209 30,209

Public Arts Commission Grant 6,000 6,000

Total 3,989,224 4,059,224

SECTION IV

Amounts appropriated for capital projects are hereby amended as follows:

Current Budget Revised Budget

Booker Creek Linear Park 20,000 20,000

Dry Creek Trail 275,430 345,430

Lower Booker Creek Trail 721,749 721,749

Pritchard Park 164,000 164,000

Southern Community Park 205,000 205,000

Willow Drive Bridge 343,952 343,952

Hargraves 50,000 50,000

Scroggs School Athletic Fields 148,059 148,059

N. C. 54/Hamiliton Improvements 170,000 170,000

Morgan Creek Trail 89,375 89,375

Hargraves Renovations 1,206,000 1,206,000

Percent for Art Program 7,000 7,000

Carolina Sports Art Building 30,209 30,209

Library Technology Plan 558,450 558,450

Total 3,989,224 4,059,224

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 Budget, and shall keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this projects 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 Clerk.

This the 24^th day of November, 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2003-11-24/O-6) ~~(2002-10-21/O- __)~~

~~APPROPRIATIONS~~	~~Current~~ ~~Budget~~	~~Increase~~	~~Decrease~~	~~Revised~~ ~~Budget~~

~~GENERAL FUND~~
~~Non-departmental~~ ~~Contingency~~			~~2,300~~

~~Town Clerk~~ ~~Advertising~~		~~2,300~~

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Non-Departmental
Agency Contributions	727,283	10,000		737,283

ARTICLE II

REVENUES	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Fund Balance	2,556,168	10,000		2,566,168

This the 24th day of November, 2003.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED 2003-06-09/O-3 (2003-11-24/O-7)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Ordinance Establishing a Position Classification and Pay Plan (2003-06-09/O-3) is amended as follows:

In Section IV, part B, under Elected and Appointed Officials, DELETE the lines

Position: No.

Town Manager 1 $131,852

Town Attorney 1 $119,865

and ADD the lines

Position: No.

Town Manager 1 $135,807

Town Attorney 1 $123,461

This the 24^th day of November, 2003.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN AND LONGEVITY PLAN FOR EMPLOYEES OF THE TOWN OF CHAPEL HILL AND BONDS OF OFFICIALS BEGINNING OCTOBER 1, 2003; SUCH AMENDMENT TO BE EFFECTIVE NOVEMBER 24, 2003 (2003-11-24/O-8)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the following amendments are authorized effective November 24, 2003:

Section III

The pay grade assignments of the following classes are changed as noted:

Class Title Present Pay Grade New Pay Grade

Planning Technician 30 31

Planning Technician, Senior 32 33

Executive Assistant 33 35

The title and pay grades of the following positions are changed as noted

Present Title New Title Present Pay Grade New Pay Grade

Recreation Planner/ Assistant Parks and

Program Director Recreation Director 40 41

Engineer Engineer I 41 41

The title of the following position is changed as noted

Present Title New Title

Engineer, Senior Engineer III

A new class title is being established as noted

New Title New Grade

Engineer II 42

Section IV

The pay rates of the following positions are changed as noted:

Class Title From To

Town Manager $131,852 $135,807

Town Attorney $119,865 $123,461

These amendments shall be effective November 24, 2003.

This the 24^th day of November, 2003.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED 2003-06-09/O-3 (2003-11-24/O-9)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Ordinance establishing a Position Classification and Pay Plan (2003-06-09/O-3) is amended as follows:

One of the two Assistant Town Manager positions in the Manager’s Office will be changed from Assistant Town Manager to Deputy Town Manager effective January 1, 2003.

BE IT FURTHER ORDAINED that this amendment is authorized effective November 24, 2003.

This the 24^th day of November, 2003.

A RESOLUTION SCHEDULING A WORK SESSION TO DISCUSS THE DEVELOPMENT OF A TOWN STORMWATER UTILITY (2003-11-24/R-10)

WHEREAS, the Town Council has hired a Consultant and established a Policy Review Committee to prepare recommendations regarding the development and implementation of a Town Stormwater Utility as a means of providing a stable source of revenue to fund a comprehensive Stormwater Management Program; and

WHEREAS, substantial work associated with the development and implementation of a Town Stormwater Utility has been accomplished through the combined efforts of the Policy Review Committee, the Consultant team, and Town staff; and

WHEREAS, the Council wishes to review progress to date and to provide direction for further work on the development of the proposed Town Stormwater Utility;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a work session to begin at 5:30pm on Monday, January 26, 2004, to discuss the progress on the development of the proposed Town Stormwater Utility and to provide direction for further work.

This the 24^th day of November, 2003.

A RESOLUTION CALLING A PUBLIC FORUM ON THE DURHAM-CHAPEL HILL-CARRBORO 2030 REGIONAL TRANSPORTATION PLAN SOCIO-ECONOMIC PROJECTIONS AND REFERRING THE 2030 PROJECTIONS TO THE TOWN PLANNING BOARD (2003-11-24/R-11)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has begun the process to develop a 2030 Regional Transportation Plan; and

WHEREAS, the Transportation Advisory Committee has released for public comment the 2030 socio-economic projections;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public forum on the 2030 projections for January 12, 2004 in the Chapel Hill Council Chambers, 306 North Columbia Street, Chapel Hill, at 7:00 p.m.

BE IT FURTHER RESOLVED that the Council refers the 2030 projections to the Chapel Hill Planning Board for review and comment.

This the 24^th day of November, 2003.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH CORLEY REDFOOT ZACK, INC., FOR DESIGN SERVICES NEEDED TO COMPLETE THE DESIGN AND CONSTRUCTION OF THE TOWN OPERATIONS CENTER (2003-11-24/R-11.1)

WHEREAS, Corley Redfoot Zack, Inc., has completed the development of a needs assessment, site analysis, conceptual plan and preliminary cost projections for the Town Operations Center; and

WHEREAS, the Council concluded on June 9, 2003, that the public good would be served by exempting the selection of the designers for the next phase of this project, as authorized in N.C. G. S. 143-64.32, and authorized the Town Manager to negotiate a contract with the design team led by Corley Redfoot Zack and including Parsons Brinckerhoff; and

WHEREAS, the Manager has negotiated a contract with the aforementioned design team to include the development of design drawings, the Special Use Permit application, working drawings and specifications and the bid package; and assistance with bid evaluation, construction contract administration and the final commissioning of the project;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute a contract with Corley Redfoot Zack for the scope of services described above in the amount of $3,410,250.

This the 24^th day of November, 2003.

Item 5 – Information Items

Mayor pro tem Evans removed 5g (formally 10.1a) regarding Parking Lot #5, which is located at the corner of Church, Franklin and Rosemary Streets. She asked how the new pay stations recorded that a person had paid. Mayor pro tem Evans also questioned whether the instructions were adequate because citizens were having difficulty understanding how to use the pay stations.

Assistant Finance Director Kay Johnson agreed that the signage was insufficient. She explained that a parking monitor takes the printout of who has paid and compares that with cars in the parking spaces. So, people do not need to put their parking receipts on the dashboard to show that they've paid, Ms. Johnson said. Mayor pro tem Evans expressed hope that the Council would evaluate how the pay station was working, whether customers prefer it, and whether the system is cost efficient. Ms. Johnson agreed that it was important to evaluate a new system after it has been put in place.

The Council accepted all information reports by consensus.

Item 6 - Presentation of 2002-2003 Audit Report

Mayor Foy noted that the Town had continued to maintain its AAA bond rating thanks to the fiscal management of the Town Manager and staff. He gave special credit to Finance Director Jim Baker, who would be leaving his position of 22 years with the Town at the end of 2003. Mr. Horton described Mr. Baker's departure as a "great loss" for the Town, adding that Chapel Hill was in the best condition it had ever been in and has the best staff it had ever had in the Finance Department. Mr. Baker’s new position would be managing the Debt Section of the Local Government Commission in Raleigh, Mr. Horton said. So he would continue to be of assistance to Chapel Hill, which would "sorely miss his work on behalf of the Town," noted Mr. Horton.

Mr. Baker thanked the Council for its support and confidence in his work over the past 22 years. He had "thoroughly enjoyed" working for the Town and had "considered it an honor and privilege" to do so, he said. Mr. Baker then introduced Mr. Victor Blackborne], with McGladrey and Pullen, to present the 2002-2003 Audit Report.

Mr. Blackborne said that the Town had received an "unqualified opinion," the cleanest opinion any organization can received, on all of its reports. He summarized the changes between the financial statements presented this year, (Governmental Accounting Standards Board Statement No. 34, referred to as GASBS 34) and those that the Council had previously received. These changes included an additional Management Discussion Analysis, a synopsis of what has transpired over the past 12 months, a change in the statement regarding governmental assets, a full accrual basis of accounting, changes in the column format, and renaming of the Fund Balance section to a Statement of Net Assets.

Mayor Foy inquired about the term "unrestricted net assets," and Mr. Blackborne replied that it had been considered "unrestricted fund balance" in the past and includes assets that had not been designated for any specific reasons. Mayor Foy asked how it was different from "fund balance." Mr. Blackborne explained that the only difference was in the restrictions related to capital assets. Mayor Foy ascertained that there would be some minor, and not significant, changes between "fund balance" and "unrestricted net assets." Mr. Horton commented that the most significant change was a positive one in what the Town traditional thinks of as fund balance. And a portion of that was because the Council had informally earmarked about $600,000 to hold for potential use in managing tax rate issues in the coming year, he said. Mr. Horton noted that another approximately $700,000 had come from revenues being higher than expected. But the major gain had been due to conservative management by department heads, he said.

Council Member Bill Strom asked about the depreciation life of a street. Mr. Blackborne replied that he did not know why they needed to capitalize those assets, adding that this was one aspect of GASBS 34 that had shocked him as well. He agreed that streets were not assets that the Town could sell or use as collateral. Mr. Blackborne proposed that the writers of GASBS 34 might have been hoping to get a broader picture of the activities within governmental entities. They were concerned about infrastructure assets, such as streets, and interested in forcing management to look at the conditions rather than seeing them as invisible assets, he proposed. Mr. Horton noted that some communities have massive, deferred maintenance on bridges, major roadways and tunnels. But for most cities that are well managed this is an additional measure that ensures that a Town is reasonable and prudent in the maintenance of its infrastructure, he said.

Item 7 - Proposed Neighborhood Conservation

District for the Northside Neighborhood

7a. Report from the Northside Neighborhood Conservation District Advisory Committee.

Committee Chair Delores Bailey reported on the process thus far and said that the recommendations for Northside could apply to all neighborhoods in Chapel Hill. She stressed that the Committee was not against students or developers, but was in favor of family-oriented development. Ms. Bailey summarized the Committee's vision statement, listed some of its goals, and displayed a map outlining the Northside Conservation District and its boundaries.

Ms. Bailey displayed slides of the kinds of structures in Northside that the Committee did and did not want to promote. Ms. Bailey commented that some might think the Committee's recommendations were strict. But it's time for a change, she said, and listed the Committee's recommendations:

· No New Duplexes

· Lower Height Limits

· Maximum House Size

· Floor Area Limits for SF Homes

· Additional Notification Requirements

· Design Standards to be Drafted

· Bathroom-Bedroom Ratio

· Use Underlying Zoning for Other Requirements

· May Recommend Additional Changes in Future

Ms. Bailey expressed sorrow that the late Ed Caldwell was not present and recalled the day he stood before the Council saying, "We gotta have help, man." She acknowledged that these were radical and different recommendations. "But they can make it work for Northside," she said.

Mark Patmore, of Mercia Residential Properties, stated that landlords and investors own more than 50% of the property in Northside. But they only represented 14% of the Committee, he said, noting that he was, therefore, presenting a dissenting opinion. Mr. Patmore predicted that an outright prohibition against duplexes would not only increase costs to citizens but would decrease the availability of affordable housing in Town. He objected to the notification process, describing it as unnecessary and not the responsibility of the builder or property owner. Mr. Patmore said that the suggested restrictions would be a disincentive to investors, would lead to a dilapidated neighborhood, and would force people to move out.

Mayor Foy pointed out that the Northside proposal had been in the Committee for months and that this was the Council's first opportunity to look at it. There would be a public hearing on January 21, 2004, he said. He suggested that the Council hold their comments until then.

7b. Process for Considering Recommendations for a Northside Neighborhood Conservation District.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-13 TO ESTABLISH A PROCESS FOR A PUBLIC HEARING ON JANUARY 21, 2004. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ESTABLISHING A PROCESS FOR CONSIDERATION OF RECOMMENDATIONS FOR A NORTHSIDE NEIGHBORHOOD CONSERVATION DISTRICT (2003-11-24/R-13)

WHEREAS, the Town’s Land Use Management Ordinance includes provisions for creation of overlay zoning districts for older neighborhoods in order:

· to promote and provide for economic revitalization and/or enhancement

· to protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor;

· to protect and enhance the livability of the Town;

· to reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development; and,

· to stabilize property values;

· to provide residents and property owners with a planning bargaining tool for future development;

· to promote and retain affordable housing;

· to encourage and strengthen civic pride; and

· to encourage the harmonious, orderly and efficient growth and redevelopment of the Town; and

WHEREAS, the Council charged the Northside Neighborhood Conservation District Advisory Committee with developing a Neighborhood Conservation District proposal in accordance with the provisions of the Town’s Land Use Management Ordinance by September 2003 for consideration by the Town Council and the Planning Board; and

WHEREAS, the Northside Neighborhood Conservation District Advisory Committee developed recommendations for a Neighborhood Conservation District according to the process outlined in the Town’s Land Use Management Ordinance as requested by the Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council will hold a Public Hearing on Wednesday, January 21, 2004, at 7:00 p.m. in the Council Chamber, Town Hall, 306 North Columbia Street to obtain public input and comments on a proposed Zoning Atlas Amendment establishing a Neighborhood Conservation District for the Northside neighborhood, and refers the proposed Zoning Atlas Amendment to the Town Manager and Planning Board for consideration.

BE IT FURTHER RESOLVED that the Council expresses its appreciation to the members of the Northside Neighborhood Conservation District Advisory Committee for their dedication and effort put into the development of recommendations for a Neighborhood Conservation District for the Northside neighborhood.

This the 24^th day of November, 2003.

Mayor Foy recommended moving Item 11 to this point in the agenda. Council members agreed by consensus.

Item 11 - Report from Mayor's Montessori Committee

Council Member Bateman, Committee Chair, praised the process and explained that the Committee had met with representatives of both the neighborhood and the Montessori School. Since they had not had much time, though, there probably would be more discussion tonight, she said. Town Planning Director Roger Waldon explained that the report before the Council was organized into four categories:

· Brief Description and History of the Site

· Observations and Comments on Existing Conditions

· Summary of Proposed Expansion

· Recommended Principles to Consider in Preparation of a Future Application

Mr. Waldon highlighted the recommended principles and described this as a good demonstration of the value of the concept plan process. He said that that passing the Committee's recommendations on to the Montessori School would indicate the Council's expectations. Mr. Waldon stated that the two main issues were stormwater management and buffers. He highlighted the following four of the nine principles:

Principle 2. The School shall commit to a proposal offered by school officials, that stormwater calculations for the "pre-development" condition shall be based on the assumption of an undeveloped site (not the site as it exists today).

Principle 3. The School shall agree to pay a fee to the Town for the Town to arrange for an independent evaluation of the School's stormwater management strategies and designs, performed by a stormwater engineer familiar with constructed-wetlands technologies. The Town shall select the professional(s) for this evaluation, with opportunity for School representatives and neighborhood representatives to have input on the selection.

Principle 7. Close attention shall be paid to sedimentation and erosion control measures during construction, including preparation of a plan for monitoring and maintenance of erosion control devices beyond that normally required.

Principle 8. The School shall prepare specific plans for professional, ongoing monitoring and maintenance of stormwater management facilities after construction is complete, with record-keeping mechanisms that will facilitate review of compliance.

Mr. Waldon also read Principle 9, but explained that it had been suggested that it be restated as follows: The School shall prepare a plan demonstrating a schedule and funding mechanism for ongoing maintenance of all stormwater management facilities.

Mr. Waldon explained that the Committee was recommending that a new buffer, made up of plantings and fences, be a full 20 feet away from the southern property line. This would involve moving some playground areas, he said. He referred to a recommendation that the School prepare a detailed plan indicating how ongoing professional maintenance of required plantings would be achieved and maintained over time.

Mr. Waldon said that the Committee probably had the most discussion regarding buffers in Item 3. This section suggests that 40 feet of undisturbed vegetation remain and that an additional 20 feet be reserved for grass, wetland plantings, and passive uses on the western and northern property lines, he said. With regard to Additional Principles, Mr. Waldon noted that the Committee had suggested that two issues on the site receive immediate attention. These were the over-excavated southern drainage basin and the southern buffer, which does not meet current requirements. Mr. Waldon highlighted a suggestion made by Montessori officials that the school and its neighbors meet on a regular basis during the construction process. He displayed a map that showed the drainage patterns on the site as well as the current and proposed buffers.

Council Member Verkerk commented that even though the Montessori School was proposing putting in high tech features, doing so would not solve the entire problem. She added that the School should be congratulated on the predevelopment stance it had taken.

George Cianciolo expressed concern about Principle 3, stating that the Committee's recommendations might not go far enough. He asked that the Town reconsider its policies regarding reconstructed wetlands, not only for this project but for all future projects in Chapel Hill. As an immunologist and one who has helped develop new vaccines, Mr. Cianciolo said that using constructive wetlands might pose a risk to the health and safety of the general populace.

Mr. Cianciolo noted that mosquitoes were the vectors of West Nile Virus, which had resulted in 8,470, reported cases in the U.S. in 2003, with 189 deaths. He predicted that this number would rise in years to come and that it would be at least five to ten years before there would be a safe and effective vaccine. Mr. Cianciolo asked the Town Council not to support the future use of constructed wetlands in Chapel Hill until it can be shown that this will not contribute to the rising epidemic. If the Town is not willing to do this, he said, it should hire a public health epidemiologist, who is experienced in mosquito vector control, to help with the design, implementation, and management of such projects.

Mary Hanratty, who lives north of the Montessori site, commented that the flooding onto a neighbor's property from the Montessori School's ill maintained retention pond was ironic and incongruent with Maria Montessori's vision of social responsibility. She said that the School did not have the long-term view in mind, and she expressed concern that the neighborhood would again "get the short end of the stick." Repairing both the northern and southern ponds would go a long way toward building trust, Ms. Hanratty said.

Colony Woods Drive resident Frances Wittman told Council members about a problem with water and mosquitoes in her backyard. She expressed concern about the retention pond that would be built along the entire length of her backyard. Ms. Wittman said it was difficult to trust that the expansion would serve both the school's and the neighborhood's best interests. She had been impressed by plans that include measures to deal with water issues, Ms. Wittman said, adding that she hoped the School would be proactive and involve the neighborhood in future discussions. She asked that some accountability be built into the SUP to insure protection for neighbors if some aspect of the school's plan fails.

Colony Woods Drive resident Steve Caiola explained that his property had also been affected by stormwater runoff and mosquito problems. He outlined the need for continuous accountability and communication between the school and neighborhood. Mr. Caiola explained that he'd had cordial conversations with Montessori School officials but that no changes had been made over the years to correct the runoff problems or the resulting damage. He said he was especially pleased with the principles. If the resolution is passed with no amendments that lessen its intended outcomes, and the School acts to meet the full intent of the 19 principles, then the school and neighbors could begin anew in a positive manner, Mr. Caiola said.

Mr. Caiola asked that special attention be paid to:

· Neighborhood involvement with the School in preparation, not just review, of the content of the SUP.

· The School work closely with the Town-appointed independent consultant who will evaluate the School's stormwater management strategies and designs.

· Not only should the 60-foot buffers be honored, but the density of growth in the area should be sufficient to serve as real buffers.

· Implementing a Neighborhood Advisory Board that will "mean something" and will meet to discuss progress, plans and updates before the fact rather than being a "review and approve" committee.

Alex Franke expressed concern about the lack of specific wording in the principles regarding accountability, maintenance, buffers, and north pond issues. He discussed the health threats posed by mosquitoes, noting that they create more deaths worldwide than any other insect. Mr. Franke said that his yard was infested with mosquitoes, which had been breeding in the Montessori School's north pond. He showed photos of that pond, noting the heavy vegetation hanging into the water. Mr. Franke asked that existing breeding grounds be immediately eliminated and that new development be vigilantly monitored and maintained.

Mr. Franke said that buffers should be designed to provide protection from sights, sounds and smells. Forty feet was not sufficient, he said. He contrasted Maria Montessori's philosophy and the School's stated vision with the current condition at the site. Mr. Franke asked the Town Council to require responsible mosquito control and responsible buffers in new and existing developments.

Colony Woods resident Lisa Clement described the Montessori School's vision as admirable, adding that the neighborhood hoped the outcome would achieve the expectations. She asked that the School be held fully accountable if it fails to meet those expectations. Ms. Clement also asked that the Council and School find ways to build accountability into the permit, such as having an escrow account and hiring a professional firm to monitor and maintain the ponds on an ongoing basis. She stressed the importance of maintaining continuing dialogue between the school and the neighborhood so that problems would be addressed before becoming unmanageable.

Colony Woods Drive resident Diane McArthur thanked the Council, Mayor, Committee and Town staff for listening and working diligently to find a reasonable compromise. She recommended changes to page two/paragraph two regarding the School's intent to have an escrow account for repair or stormwater facilities. She also suggested that paragraph four be revised to say that vegetation should be added to all buffers to provide meaningful screening. Ms. McArthur asked to revise the language in paragraph five to indicate that these were non-encroachable buffers and to define or remove the words, "passive use."

Ms. McArthur suggested revising the language to say 40/20 buffers around the detention ponds and that other buffers should be 60 feet. Paragraph two on page three should include clear language about how the wetlands will be maintained and managed, she said. Ms. McArthur stated that a new concept plan would be appropriate because there were too many changes to simply shift the buildings, delete a driveway, move the playing fields, and change the buffers from 20 to 40 feet. She remarked that the neighborhood was trusting the Town Council to hold the School accountable through the language of resolutions whose principles will eventually be incorporated into the SUP.

Montessori Community School Board President John Papanicholas described the compromise as a win-win for the school and its neighbors. He said that the School was happy to set up a separate mechanism to insure an account for maintenance of the wetlands and property buffers. They would develop a thorough maintenance plan that includes regular inspections of the wetlands structures by professionals, he said. Mr. Papanicholas pointed out that the Montessori School had agreed that setting up regularly scheduled meetings was a necessity.

Council Member Bateman asked Mr. Papanicholas to explain how he and the neighbors had envisioned the advisory committee working. He replied that many of the issues raised had stemmed from lack of communication. Regular ongoing meetings would involve board members, he said, adding that they would meet every couple of months initially to go over the plans and get feedback on how they are achieving the guidelines. Mr. Papanicholas added that they might meet once a quarter or once a year in the future to get comments and ideas about things that need to be improved or addressed. Having ongoing communication is important, he said, and the structure of that would develop as they go along.

Council Member Bateman noted the need to have dialogue on the current situation and on what could be remediated now. This might include plantings in the buffer areas, repairs to retention ponds so that they would not have standing water that breed mosquitoes, and eradicating the current mosquito habitats, she said. Council Member Bateman suggested that this be the first item on the agenda and that the School and neighborhood begin discussing it next week.

Council Member Bateman moved R-16 and amended it to say, after bullet #3, that someone from the School of Public Health will look at the wetlands concept vis a vis the public health issue. Council Member Verkerk seconded. Mayor Foy noted that Mr. Waldon had suggested changing language in the first two bullets on page 9, and Council Member Bateman agreed to add those as amendments.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-16, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ENDORSING A SET OF PRINCIPLES TO BE CONSIDERED IN PREPARING A SPECIAL USE PERMIT APPLICATION FOR EXPANSION OF THE MONTESSORI COMMUNITY SCHOOL (2003-11-24/R-16)

WHEREAS, the Montessori Community School has planned an expansion of its facilities and presented a Concept Plan to the Town Council; and

WHEREAS, the Town Council has, through a Mayor’s Committee, engaged School and neighborhood representatives in discussion about existing conditions and proposed plans;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the following set of principles with a request that the Montessori Community School incorporate these ideas into the design of a Special Use Permit application:

Stormwater management facilities shall be designed to control for storm events, controlling for rate, volume, and quality as specified in Town regulations. Post-development volume of runoff shall not exceed pre-development volume for the 2-year storm. Post-development rate of runoff shall not exceed pre-development rate for the 100-year storm.

The School shall commit to a proposal offered by school officials, that stormwater calculations for the “pre-development” condition shall be based on the assumption of an undeveloped site (not the site as it exists today).

The School shall agree to pay a fee to the Town for the Town to arrange for an independent evaluation of the School’s stormwater management strategies and designs, performed by a stormwater engineer familiar with constructed-wetlands technologies. The Town shall select the professional(s) for this evaluation, with opportunity for School representatives and neighborhood representatives to have input on the selection. The Montessori School is encouraged to consult with faculty at the UNC School of Public Health in considering designs for the constructed wetlands.

The Site Design for the expansion shall route or re-route all water and sewer lines such that none are beneath stormwater management facilities.

The Site Design for the expansion shall be adjusted so that more room for undisturbed land can be left between the proposed stormwater management facilities and adjacent residential properties. (See “buffer” discussion below for more detail.)

In preparing a stormwater management strategy, the School shall investigate the feasibility of channeling parking lot runoff east to Pope Road.

Close attention shall be paid to sedimentation and erosion control measures during construction, including preparation of a plan for monitoring and maintenance of erosion control devices beyond that normally required.

The School shall prepare specific plans for professional, ongoing monitoring and maintenance of stormwater management facilities after construction is complete, with record-keeping mechanisms that will facilitate review of compliance. Maintenance records should be submitted to the Town Manager on a bi-annual basis.

The School shall prepare a plan demonstrating a schedule and funding mechanism for ongoing maintenance of all stormwater management facilities.

The School shall supplement vegetation and fencing along the southern property line to create an effective buffer from adjacent residential properties. Plans for this area should include a revision of the 1995 planting plan with vegetation that will thrive in an existing wooded setting and grow to provide meaningful screening, supplemented with fences and removal of the existing playground areas within 20 feet of the property line. Accomplishing this objective may require requesting a revised buffer plan approval from the Community Design Commission. Plant and fence selections should be made after consultation with neighbors.

The School shall prepare a detailed plan indicating how ongoing professional maintenance of required plantings will be achieved.

The Site Plan shall be adjusted to provide 40-60 foot buffers along the western and northern boundaries of the site. 40 feet of undisturbed land shall be reserved along the western and northern property lines. The remaining 20 feet of the 60-foot buffer shall be reserved for grass, wetland plantings, and passive uses. This 60-foot buffer may be penetrated at right-angles where needed for utility line construction or stormwater outlet devices. Proposed new rip-rap pads should be located at least 20-feet away from property boundaries.

The Site Plan shall be adjusted to move the proposed new driveway abutting the eastern property line. This driveway cannot be placed within the buffer.

The plan for buffers shall include measures to mitigate light and noise impacts on adjacent residential properties.

Repairs to the existing southern buffer (supplementing vegetation and fences) and repairs to the southern drainage basin (raising the bottom of the basin) should be undertaken immediately, regardless of the timing for pursuing a Special Use Permit application.

The playing fields shall not be lighted for nighttime use.

All outside HVAC units shall comply with current noise ordinance provisions.

The Town Council shall consider a request for restricting parking along public streets in the vicinity of the School, if such a request is presented by neighbors.

In the design of stormwater facilities and constructed wetlands, and in the plan for maintenance of these facilities, special attention shall be given to designs and methods to assure that new mosquito habitats are not created. The current problem of over-excavation of the southern basin should be corrected prior to next summer.

BE IT FURTHER RESOLVED that in addition to the above recommendations related to stormwater and buffers, the Council encourages the Montessori Community School to take steps to minimize and mitigate noise and light impacts on adjacent residential properties that result from existing and proposed facilities.

This the 24^th day of November, 2003.

Item 8 - Principles, Goals and Strategies for Guiding

Development of Horace Williams Property (Carolina North)

Strategy G, Page 37

Mayor pro tem Evans described requiring UNC to make offsite sidewalk and bikeway improvements along Airport Road all the way from the northern end to the southern end of Town as "totally unreasonable."

Council Member Strom said that the Committee had felt confident a mixed use, transportation-oriented development of this size would have impacts on the community that would support this type of infrastructure improvement.

Mayor Foy remarked that there really were only a few gaps in the sidewalks and bikeways and that a good argument could be made for filling them in. Mayor pro tem Evans replied that those gaps were the Town's fault, not the University's, and it was the Town's responsibility to build and repair them.

Council Member Verkerk agreed that requiring this seemed unreasonable and inconsistent. The Town does not ask any other developer to go beyond the scope of their project, she said.

Council Member Harrison remarked that much of this would - and much would not - meet the rational nexus test when it comes to the permit stage. Mayor Foy pointed out that this was not a typical negotiation and said that a lot would depend on what one negotiates. Council Member Harrison agreed, adding that there would be an entirely new zone and that the Town does not know how facilities will "play out." But, looking at the way permits are done in this State, there is a test for improvements and the Town has done a marvelous job of "pushing the envelope," he said. Council Member Harrison added that, since it is a permit, there would be some limits to it.

Council Member-elect Hill stated that if there are not any sidewalks or bikeways between I-40 and this development, or south of it, then the Town needs to make sure that they are there. He pointed out that the University was creating the need and should, therefore, fill in the gaps. Council Member-elect Hill said it is "not a big deal," adding that UNC would get the opportunity to say how it feels about it and the Town was trying to say how it feels about it. Council Member-elect Hill agreed that UNC should supply that infrastructure.

Mayor Foy asked for a show of hands, and then commented that it appeared there was a 4-4 vote which meant that it would remain in for now.

Council Member Verkerk commented that consistency and credibility were important. Mayor Foy said that he did not think any other developer would be permitted to put eight million square feet there. And part of the reason is that the infrastructure cannot handle it, he said, so the Council needs to make sure that the infrastructure can handle it. Mayor Foy added that he did not see that request as unreasonable, adding that it might be different if the Town did not have bikeways and sidewalks from I-40 to 15-501. "But it does, and the Town is talking about filling in the gaps," he said.

Council Member Ward stated that the way it was written made it seem as though the request went beyond the rational nexus of this development. He pointed out that everyone in Town lives near the effects of Carolina North and that this is why there is a rational nexus for asking for this kind of infrastructure. Council Member Ward agreed with keeping the language and suggested that there also be language to address the need for sidewalks on other perimeter roads, such as Homestead Road, Sewell Road and Estes Drive.

Council Member Verkerk said that this logic would lead to saying that UNC should build every sidewalk in Town.

Council Member Wiggins asked if the Committee had discussed asking UNC to build sidewalks and bikeways from campus to campus. Citizens Committee Chair Randy Kabrick pointed out that Goal 1A, under Transportation and Land Use Principles, says that Carolina North would be built as a pedestrian, bicycle, and transit-oriented development from the start. This is what feeds Strategy G, he said, adding that the Committee had felt strongly that there must be some pedestrian improvements along Airport Road. But they had not discussed building infrastructure from campus top campus, he said.

Council Member Wiggins said that the Town would have more credibility if the request were confined to campus to campus. Mr. Horton proposed saying, "construct sidewalks offsite to fill gaps in pedestrian systems serving the development in affected neighborhoods." This would meet the normal test that the Town applies and would not put a limit on the scope except in the areas that are affected by it, he said.

Mayor Foy ascertained that there were no objections to substituting that language for Strategy G.

Council Member-elect Sally Greene clarified that the Planning Board's comment had meant 15% affordable housing as expressed in the LUMO, not as expressed in the Comprehensive Plan.

Mayor Foy read Principles 2 & 3. He said that Council members recognize that they need to create a new zone. This is part of what these principles are designed to help them facilitate, said Mayor Foy.

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-14 TRANSMITTING COMMENTS TO THE ADVISORY COMMITTEE TO BRING BACK A FINAL REPORT IN JANUARY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REQUESTING ADDITIONAL INPUT FROM HORACE WILLIAMS CITIZENS COMMITTEE (2003-11-24/R-14)

WHEREAS, on October 8, 2003 the Committee submitted to the Council its report, “Recommended Principles, Goals and Strategies for Guiding the Development of the Horace Williams Property (Carolina North);” and

WHEREAS, the Council received comments on the report from citizens at the October 27, 2003 public forum, from Advisory Boards and from Town staff and discussed the report at work sessions on November 17 and November 24; and

WHEREAS, the Council desires additional input from the Horace Williams Citizens Committee after the University unveils its plans for Carolina North in December;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council request the Horace Williams Citizens Committee review the Council revisions to date and make additional suggestions in light of the University’s draft plans for Carolina North.

BE IT FURTHER RESOLVED that the Council schedules consideration of adopting principles, goals and strategies for the development of the Horace Williams property in January 2004.

This the 24^th day of November, 2003.

Item 9 - Comments on Triangle Regional

Consolidation/Implementation Proposal

Assistant Town Manager Florentine Miller gave a brief review of the Consolidation Plan and highlighted some of the key issues that had been discussed over the past couple of months:

· Governance

· Responsiveness

· Existing coordination between Chapel Hill Transit, Durham Area Transit, and TTA

· Safeguarding Chapel Hill Transit Access to Federal and State Funding

· Expansion of Existing Transit Services Under the Consolidation Proposal

· Possible Areas of Collaboration

Ms. Miller recommended that the Council adopt R-15, rejecting the call for consolidation and allowing the staff to discuss areas in which collaboration should be looked at. This would include such things as farebox repairs, paint and body shop work, and marketing, she said.

Mayor Foy noted that the Council had discussed this and that R-15 would direct the Manager to continue discussions in defined areas that might be of mutual benefit but not to move forward with consolidation. Council Member Harrison commended the staff on this "very defensible set of arguments for not doing consolidation."

COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-15. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REJECTING THE RECOMMENDATIONS OF THE TRIANGLE REGION TRANSIT CONSOLIDATION/IMPLEMENTATION PLAN TO CONSOLIDATE CHAPEL HILL TRANSIT WITH THE TRIANGLE TRANSIT AUTHORITY AND AUTHORIZING THE TOWN MANAGER TO WORK WITH THE TRIANGLE TRANSIT AUTHORITY TO IDENTIFY AREAS OF POSSIBLE COLLABORATION WITH CHAPEL HILL TRANSIT (2003-11-24/R-15)

WHEREAS, the Triangle J Council of Governments has completed a proposed Triangle Region Transit Consolidation/Implementation Plan; and

WHEREAS, the Town of Chapel Hill has reviewed the Plan and received recommendations from the Town Transportation Board and the Public Transit Committee.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council rejects the recommendations of the Triangle Transit Regional Consolidation/Implementation Plan to consolidate Chapel Hill Transit with the Triangle Transit Authority.

BE IT FURTHER RESOLVED that the Council identifies the following areas for possible collaboration between the Triangle Transit Authority and Chapel Hill Transit and directs the Town Manager to begin discussions with the Triangle Transit Authority on possible collaboration in these areas.

Marketing and Customer Service Functions
Major Procurement, including Sales of Advertising
Bus Stop, Signs and Shelter Maintenance
Graphics, Image, Service Name and Route Numbering
Marketing Materials
Paint and Body Shop Repairs

BE IT RESOLVED that the Council directs Chapel Hill Transit to continue efforts at coordination with other transit providers in the Triangle Region and enhance that coordination when possible.

BE IT RESOLVED that the Council requests that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee monitor the consolidation of local transit systems as proposed in the Plan to ensure future implementation of the 2025 Regional Transportation Plan and ensure continued equitable distribution of federal transportation funding for public transit to Chapel Hill.

This the 24^th day of November, 2003.

Item 10 - Mobile Computer Terminals for Police Department

Mr. Horton acknowledged that it was an unusual time to bring this kind of proposal forward. But the need was clear and great, he said. Mr. Horton explained that Police Chief Jarvies, who had created much of the Town's additional fund balance, deserved a chance to explain the need for this equipment. Mr. Horton expressed support for Chief Jarvies' request.

Chief Jarvies said that half of the Town's police cars were equipped with laptops. These enhance officer safety, allow officers to stay in the neighborhoods and communicate through laptops, and make information available quickly, he said. If this recommendation is approved, then 75% of police cars will be equipped with laptops, Chief Jarvies explained. He told Council members that his goal was to equip all police cars with laptops within three years.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ENACT O-10. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-11-24/O-10)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Police 9,840,162 50,000 9,890,162

COMPUTER

REPLACEMENT FUND 411,447 50,000 461,447

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 2,506,168 50,000 2,556,168

COMPUTER

REPLACEMENT FUND 411,447 50,000 461,447

This the 24^th day of November, 2003.

Item 10.1b - Downtown Economic Development Initiative:

Budget Ordinance Amendment for Market Study

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ENACT O-11. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-11-24/O-11)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Planning 1,186,507 20,000 1,206,507

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 2,556,168 20,000 2,576,168

This the 24^th day of November, 2003.

Item 12 - Appointments:

12a. Historic District Commission. The Council appointed Steven Doyle.

Council Members

Historic District Commission

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Steve Doyle

AB-

Morgan Metcalf

SENT

Shawn Thompson

12b. Orange County Solid Waste Advisory Board. The Council appointed Jan Sassaman.

Council Members

Orange County Solid Waste Advisory Board

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Jan F. Sassaman

AB-SENT

12c. Orange Water and Sewer Authority. The Council appointed Mac Clarke.

Council Members

Orange Water and Sewer Authority

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Michael (Mac) Clarke

Leslie Johns

AB-

Randy Kabrick

SENT

Donald Shaw

12d. Transportation Board. The Council appointed Marie Eldridge.

Council Members

Transportation Board

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Gary Barnes

Marie Eldridge

Leslie Johns

Rudy Juliano

Gary Kayye

Christine Khoury

Morgan Metcalf

Brandon Perkins

Brandon Rector

Item 13 – Petitions

13a. By the Mayor and Council Members. None.

Council Member Bateman explained that the Council had recently learned that HOME money could be used to subsidize rentals. She wondered if there was a way that the Council could revisit Chapel Ridge when this year's lease expires on the SROs. Mr. Horton agreed to look into it. Council Member Bateman also asked what the change in bike lanes would do to Cameron Avenue. Mr. Horton replied that it would not change decisions made by the Council.

13b. By the Manager and Attorney. None.

Item 14 - Reserved for discussion of consent agenda items if necessary. None.

Item 15 - Request for Closed Session to Discuss

Property Acquisition, Personnel, and Litigation Matters

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO MOVE INTO CLOSED SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The meeting adjourned at 9:50 p.m.