SUMMARY MINUTES OF A BUSINESS MEETING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

WEDNESDAY, JUNE 30, 2004, AT 7:00 P.M.

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

Council members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Traffic Engineer Kumar Neppalli, Engineering Director George Small, Planning Director Roger Waldon, Senior Planner Kay Pearlstein, Senior Long Range Planning Coordinator Chris Berndt, Housing Director Tina Vaughn, Library Director Kathy Thompson, Assistant Library Director Mark Bayliss, and Acting Town Clerk Sandy Cook.

Item 1 - Ceremonies

a. Recognition of ARC of Orange County.

Ellen Johnson, Development Director for the ARC of Orange County, introduced a short DVD presentation showing ARC clients participating in daily activities.

Mark Roth, the ARC's Executive Director, thanked the Town for its support over the years. He stated that the ARC was expanding its work with children with learning disabilities and would be moving to a larger site in order to serve more people.

b. Recognition of School Crossing Guards.

Mayor Foy presented an award to Sim Bowden for his four years of dedicated service to the Police Department and the Town of Chapel Hill. Mr. Bowden replied that he had been extremely fortunate to work for the Town and was happy to accept an award for doing what he enjoys for those he enjoys helping.

Mayor Foy commented on the depth of crossing guards' dedication to their work. He also presented awards to Darrin Rainey for one year of service, to Sylvia Pileggi for thirteen years of service, and to Barbara Link for nine years of service. Ms. Link said that she had enjoyed working with the children and had watched some of them grow up and go off to college.

Item 2 - Public Hearings: None.

Item 3 - Petitions by Citizens and Announcements by Council Members

3a. Petitions from Citizens:

3a(1). Jeb Dube, Chair of the Bicycle and Pedestrian Advisory Board, requesting a Change to the Composition of the Board Membership.

Mr. Dube explained that the Board had expected to present two items to the Council tonight. The second item, a draft Bicycle and Pedestrian Action Plan and a request that the Council call a public hearing and refer the draft to advisory boards for comment, was supposed to have been on tonight's Consent Agenda, he said. With regard to the Board's petition, Mr. Dube asked that the composition of the Board's membership be changed to include two Carrboro seats rather than a Durham City, Durham County or Chatham County seat. He said that the Board expected one Carrboro seat to become vacant this summer.

Council Member Harrison suggested that the Council refer the petition to themselves.

Mayor Foy recommended that the staff first provide some background.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO RECEIVE AND REFER BOTH REQUESTS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(2). Robert Poitras, Carolina Brewery, requesting an Amendment to the Current Sidewalk Dining Rules.

Mr. Poitras, owner/operator of the Carolina Brewery, asked Council members to amend the Town's sidewalk dining rules to include full service dining with alcohol.

Council Member Strom explained that he had asked the Town Manager to expedite this request since tonight was the Town Council's last meeting before the summer break, and noted that the summer was the most important time for outdoor dining. The Manager had placed a draft ordinance at Council members' places, Council Member Strom pointed out. He asked Mr. Horton to explain what the ordinance entailed.

Mr. Horton stated that the ordinance would permit service of malt beverages and unfortified wines to persons seated and receiving food service at locations where such service already was permitted. The Town Attorney had drafted the ordinance in consultation with the police attorney and police chief, he said. Mr. Horton pointed out that one provision of the ordinance would make it unlawful to consume alcohol that had not been purchased at that business.

Council Member Strom proposed that the Council proceed with approving the ordinance tonight. Mr. Horton pointed out that doing so would require unanimous consent.

Council Member Kleinschmidt verified that the ordinance would allow existing restaurants with sidewalk dining to serve alcoholic beverages and that no other changes had been made in the ordinance's provisions. He had brought this issue up at the Council's planning retreat in January, he said, and recalled being told that State regulations would prevent the Town from exploring the idea. Mr. Horton replied that State regulations determine where alcoholic beverages might be sold. Mr. Karpinos added that this ordinance would allow malt beverages and unfortified wines to be sold outside in restaurants that have a State permit to do so.

Council Member Strom asked for the Council's consent to take action tonight on the ordinance before them.

Mayor pro tem Wiggins replied that she would like to see the Council enact the ordinance but wanted it to be a regular agenda item so that the public would have a chance to comment. Mayor pro tem Wiggins refused to consent to the Council voting on the proposed change tonight.

Mayor Foy inquired about the possibility of having a temporary change to the ordinance that would expire in September when the Council returned. Mr. Karpinos replied that the Council could consider enacting the ordinance with a sunset clause.

Mayor pro tem Wiggins said that doing so would not address her concerns.

Mayor Foy verified with Mr. Karpinos that enacting the ordinance immediately upon its presentation would take the unanimous consent of the Council to declare the petition to be of unusual urgency.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(3). Richard LaScala, requesting Traffic Calming Devices on Sedgefield Drive.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(4). Nancy Zeman, President of the Public School Foundation, regarding the Walk for Education and Race for Education.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(5). Jay Brenman, requesting Expedited Striping of Weaver Dairy Road Ext.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(6). Village Project Member Blair Pollock, requesting Council Support of a "Car Free Day" on September 22, 2004.

Mr. Pollock stated the event was being planned to get people out of their cars worldwide on the anniversary of a death by automobile in the City of New York on that date, he said. Mr. Pollock explained that safe streets for children would be this year's theme.

Patrick McDonough, "Car Free Day" Committee Chair, listed organizations that already had agreed to participate. He explained that it would mean proclaiming Car Free Day in Chapel Hill and suggested that Council members pledge to go without cars themselves on that day. Mr. McDonough noted that it might be impossible for some Triangle citizens to function without a car. But he encouraged those people to go "car light" on that day, pointing out that the goal was to reduce the number of miles traveled and emissions in the region. Mr. McDonough also suggested some pedestrian travel projects, such as repainting crosswalks or making small additions to streets that would make streets safer for children.

Council Member Verkerk pledged to go car free on September 22^nd and encouraged her fellow Council members to take it seriously and approve the petition tonight.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO APPROVE THE PETITION AND DECLARE SEPTEMBER 22, 2004, AS "CAR FREE DAY" IN CHAPEL HILL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Ward asked that the Car Free Day information be passed on to the Transportation Board and the Bicycle and Pedestrian Advisory Board so that they would be aware of the Council's action.

3b. Announcements by Council members. None.

3c. Presentations by Orange County Commissioner Margaret Brown:

3c(1). Presentation by Orange County Commissioner Margaret Brown on Progress of Park Projects.

3c(2). Presentation by Orange County Health Department Healthy Carolinians Program.

Mayor Foy explained that Commissioner Brown would present Items 3c(1) & 3c(2), beginning with 3c(2).

Commissioner Brown, referring to a publication by the Healthy Carolinians Program, explained that Orange County had begun providing low-cost dental care. She also noted that various groups had come together to address the issue of adolescent mental health. They hoped to work with the schools on that program, she said.

With regard to the Intergovernmental Parks Work Group, Commissioner Brown described its accomplishments as "quite astonishing." She noted that this was the group that had developed the park bond in 2001. She said that a subgroup had been pushing ahead to develop three of the resulting proposals: the Southern Community Park, the Homestead Aquatics Center, and greenways. Commissioner Brown pointed out that the Work Group's three-year charge had run out, and she asked the Town to agree to continue it. Orange County, Hillsborough, and Carrboro had all adopted resolutions re-establishing the Work Group, Commissioner Brown noted. She asked the Town Council to adopt such a resolution as well.

Commissioner Brown displayed a copy of the first County-wide recreation parks map and explained that the maps would be free throughout the County.

3c(3). Presentation by UNC Student Body President Matt Calabria.

Mr. Calabria introduced himself and other UNC Student Body officers to the Council. His political platform had included trying to do a better job of working with the Town Council and with Town relations in general, he said. Mr. Calabria asked Council members to contact the Student Body officers if there was anything they could do for the Town. He explained that they would be working on voter registration and would be addressing the issue of lighting on campus and related safety issues.

Item 4 - Consent Agenda

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-06-30/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 May 10, 12, 17, 19, and 24, 2004.
b.	Nominations to Various Advisory Boards and Commissions (R-2).
c.	Bid Award for the Purchase of One Rear Loading Refuse Truck (R-3).
d.	Bid Award for the Purchase of Two Front Loading Refuse Trucks (R-4).
e.	Response to Petition Requesting Installation of Stop Signs on Greenwood Road at its Intersection with Sandy Creek Trail/Old Mill Road (O-1).
f.	Response to Petition from OWASA Requesting Expedited Review of a Special Use Permit for the I-40 Water Booster Pump Station Project (R-5).
g.	Memorandum of Agreement with Durham Technical Community College (R-6).

h.	Budget Amendment for Federal Emergency Management Administration (FEMA) Ice Storm and Hurricane Isabel Reimbursement (O-2).
i.	Budget Ordinance to Amend the Parks and Recreation Department’s Budget (O-3).
j.	Project Ordinance for the Capital Fund Program for Public Housing Renovations (O-4).
k.	Grant Project Ordinance for the 2004-2005 Community Development Entitlement Program (O-5).
l.	Calling a Public Hearing on a Draft Bicycle and Pedestrian Action Plan (R-7).
m.	Addition to the Design Guidelines of the Comprehensive Plan for the Northside Neighborhood Conservation District (R-8).
n.	Authorization to Submit Public Housing Assessment System Management Operations Certifications to the U.S. Department of Housing and Urban Development (R-9).
o.	Resolution Initiating Establishment of a Library Building Committee (R-10).
p.	Agreement for Banking Services and Amendment to the Town’s Cash Management Policy (R-11, R-12).
q.	Approval of Underwriters for the Town Operations Center (R-13).
r.	Franchise for Madison River Communications, LLC (Second Reading) (O-6).
s.	Deferring Consideration of Amendment to the Land Use Plan for Designating School Sites to September 7, 2004 (R-14a, R-14b).
t.	Budget Amendment to Close the SafeLight Program (O-7).
u.	Budget Amendment re Housing (O-8a, O-8b).
v.	Preliminary Report on Ways to Improve Pedestrian Travel Around the Town Hall and at Airport Road and North Columbia Street (R-15).
w.	Fees for Roll-Cart Commercial Solid Waste Collection Service (R-15.1).
x.	Project Ordinance Amendment for the Town Operations Center (O-8.1).
y.	Contract Amendments for the Downtown Economic Development Initiative (R-15.2).

This the 30^th day of June, 2004.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2004-06-30/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:

Horace Williams Citizen’s Committee

Rudy Juliano

Technology Committee

Aris Buinevicius

This the 30^th day of June, 2004.

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A REAR LOADING REFUSE TRUCK (2004-06-30/R-3)

WHEREAS, the Town of Chapel Hill had advertised notice of waiver of the formal bid process by legal notice in The Chapel Hill News on Sunday, June 13, 2004, in accordance with G.S. 143-129(g) for the purchase of one rear loading refuse truck; and

WHEREAS, a formal bid competition was completed by the City of High Point, North Carolina in accordance with G.S. 143-129; and

WHEREAS, the Piedmont Truck Center offers the Town the rear loading refuse truck at the same price as offered to the City of High Point, North Carolina;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town implements the waiver of formal bid process in accordance with G.S. 143-129(g) and accepts the offer to sell of Piedmont Truck Center in the amount of $101,566.

This the 30^th day of June, 2004.

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF TWO FRONT LOADING REFUSE TRUCKS (2004-06-30/R-4)

WHEREAS, a formal bid competition was completed by North Carolina State University in accordance with G.S. 143-129; and

WHEREAS, the Carolina Environmental Systems offers the Town two front loading refuse trucks at the same price as offered to North Carolina State University;

This the 30^th day of June, 2004.

AN ORDINANCE AMENDING SECTION 21-13 OF THE TOWN CODE OF ORDINANCES REGARDING RIGHT-OF-WAY AND STOP REGULATIONS (2004-06-30/O-1)

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

Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:

“Through Streets Stop Streets

~~Greenwood~~ ~~Road~~ ~~Sandy Creek Trail/Old Mill Road~~”

Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:

“Intersection(s)

Greenwood Road and Sandy Creek Trail/Old Mill Road”

Section 3. This Ordinance shall become effective July 10, 2004.

This the 30^th day of June, 2004.

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT APPLICATION FOR THE OWASA I-40 WATER BOOSTER PUMP STATION (2004-06-30/R-5)

WHEREAS, the Town of Chapel Hill has received a petition for the OWASA I-40 Water Booster Pump Station requesting expedited processing of a Special Use Permit application seeking approval of a new water pumping station; and

WHEREAS, the proposal would satisfy a public purpose objective;

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 application for the OWASA I-40 Water Booster Pump Station in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 30^th day of June, 2004.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR A PARTNERSHIP WITH DURHAM TECHNICAL COMMUNITY COLLEGE AND THE TOWN OF CHAPEL HILL (2004-06-30/R-6)

WHEREAS, the Town of Chapel Hill and Durham Technical Community College recognize the training concerns and requirements for each of these agencies to support the necessity of a classroom facility within the fire training grounds; and

WHEREAS, the Town of Chapel and Durham Technical Community College have worked together to plan and develop training curriculums in efforts to utilize available resources in a cooperative effort as it relates to public service training; and

WHEREAS, the Town of Chapel Hill both support training alternatives in handling the cost associated needs and concerns;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorize the Town Manager to execute the Memorandum of Agreement between Durham Technical Community College and the Town of Chapel Hill with the terms and conditions substantially as stated in the memorandum document presented at the Council’s meeting of June 30, 2004.

This the 30^th day of June, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-06-30/O-2)

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 and the same is hereby amended as follows:

This the 30^th day of June, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-06-30/O-3)

This the 30^th day of June, 2004.

AN ORDINANCE TO ESTABLISH A CAPITAL FUND PROGRAM (CFP) PROJECT ORDINANCE (2004-06-30/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 project ordinance is hereby established:

SECTION I

The project authorized is the Capital Fund Project as approved by the Council on April 28, 2003. Funds are as contained in an Amendment to the Consolidated Annual Contributions Contract between the Town and the U. S. department of Housing and Urban Development (HUD).

SECTION II

The Town Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the Contract document(s), the rules and regulations of the U. S. Department of Housing and Urban Development, and budget contained herein.

SECTION III

The following revenue is available to complete the project:

Capital Fund Program $95,773

SECTION IV

Dwelling Structures $95,773

Total $95,773

SECTION V

The Finance Director of the Town of Chapel Hill is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to the U. S. Department of Housing and Urban Development as required by the Annual Contributions contract and federal regulations.

SECTION VI

Funds may be advanced from General funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

SECTION VII

The Town Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

This the 30^th day of June, 2004.

AN ORDINANCE ESTABLISHING THE 2004–2005 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (2004-06-30/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 Statues of North Carolina, the following grant project is hereby established:

SECTION I

The projects authorized are the Community Development projects as approved by the Council on April 26, 2004: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD). The projects are known more familiarly as the 2003 Entitlement Community Development Block Grant. The grant activities include renovation of public housing, neighborhood revitalization, property acquisition, community services to low-income residents, and administration costs for the program.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the grant project within the terms of the grant document(s), the rules and regulations of the U.S. Department of Housing and Urban Development, and the budget contained herein.

SECTION III

The following revenues are anticipated to be available to complete this project:

Community Development Block Grant: $711,000

SECTION IV

The following amounts are appropriated for the project:

Public Housing $206,000

Renovation of Airport Gardens $150,000

Refurbishing Program $ 50,000

Playground Equipment $ 6,000

Neighborhood Revitalization $121,700

Orange Community Housing and Land Trust $100,000

Comprehensive Rehabilitation Program $100,000

Community Services $ 81,700

Chapel Hill Police Dept. Youth Programs $40,000

Family Resource Center $15,000

Cooperative Extension $13,700

YMCA $13,000

Administration $101,600

Total $711,000

SECTION V

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the grant agreement(s) and federal and State regulations.

SECTION VI

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

This the 30^th day of June, 2004.

A RESOLUTION CALLING A PUBLIC HEARING ON A DRAFT BICYCLE AND PEDESTRIAN ACTION PLAN FOR THE TOWN OF CHAPEL HILL (2004-06-30/R-7)

WHEREAS, the Chapel Hill 2000 Comprehensive Plan includes the objective to “develop and maintain a pedestrian circulation system, including sidewalks and greenway trails, that provides direct, continuous, and safe movement within and between districts of Town. Link neighborhoods to activity centers, transit stops, schools, parks, and other neighborhoods”; and

WHEREAS, the Chapel Hill 2000 Comprehensive Plan includes the objective to “develop and maintain a system of safe and efficient bikeways (on-street bike lanes and off-street paths within greenways) designed to contribute to Town-wide mobility, connecting neighborhoods with activity centers, schools, parks, and other neighborhoods”; and

WHEREAS, the Comprehensive Plan calls for development of a comprehensive pedestrian and bicycle network; and

WHEREAS, on September 8, 2003, the Council of the Town of Chapel Hill approved a process and schedule for the preparation of a Bicycle/Pedestrian Improvement Action Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for September 20, 2004, 7 p.m. in the Council Chamber, Town Hall, 306 N. Columbia Street, to consider a Draft Bicycle and Pedestrian Action Plan.

BE IT FURTHER RESOLVED that the Draft Bicycle and Pedestrian Action Plan be referred to the Town Manager and the Town Attorney for review, and to the Active Living By Design Committee, the Chapel Hill Public Arts Commission, the Community Design Commission, the Greenways Commission, the Historic District Commission, the Housing and Community Development Advisory Board, the Library Board of Trustees, the Parks and Recreation Commission, the Planning Board and the Transportation Board for comment.

This the 30^th day of June, 2004.

A RESOLUTION INCORPORATING THE NORTHSIDE NEIGHBORHOOD CONSERVATION DISTRICT DESIGN GUIDELINES INTO THE DESIGN GUIDELINES OF THE CHAPEL HILL COMPREHENSIVE PLAN (2004-06-30/R-8)

WHEREAS, the Chapel Hill Comprehensive Plan calls for the preservation of “attractive and diverse neighborhoods surrounding the downtown”; and

WHEREAS, Section 3.6.5 of the Land Use Management Ordinance states that the purpose of a Neighborhood Conservation District is to “protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor” of neighborhoods which contribute significantly to the overall identity and character of the Town; and

WHEREAS, the establishment of Design Guidelines for the Northside Neighborhood Conservation District is the third highest priority goal for 2004;

NOW, THEREFORE, BE IT RESOLVED by Council of the Town of Chapel Hill that the Design Guidelines as detailed in Attachment 1 be added to the Design Guidelines of the Town’s Comprehensive Plan and be provided as a booklet to citizens and developers as a guide to making alterations to property in the Northside neighborhood.

This the 30^th day of June, 2004.

A RESOLUTION AUTHORIZING SUBMITTAL OF PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) MANAGEMENT OPERATIONS CERTIFICATIONS (2004-06-30/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to submit Public Housing Assessment System (PHAS) Management Operations Certifications as required by the U.S. Department of Housing and Urban Development.

This the 30^th day of June, 2004.

A RESOLUTION AUTHORIZING THE MANAGER TO INITIATE THE PROCESS OF ESTABLISHING A LIBRARY BUILDING COMMITTEE (2004-06-30/R-10)

WHEREAS, voters approved by referendum on November 4, 2003, the issuance of $16.23 million of library bonds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes a Library Committee to:

1. Organize a process for selection of an architect.

2. Work with the architect through the design process.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to work with the following boards and commissions to nominate representatives to the Committee which shall include:

1. One or more Council members.

2. Two or more members of the Library Board of Trustees.

3. One member of the Parks and Recreation Commission.

4. One member of the Friends of the Chapel Hill Public Library.

5. One member of the Chapel Hill Public Library Foundation.

6. One member of the Chapel Hill Public Arts Commission.

7. Two or more residents from the Pritchard Park neighborhood.

8. Two or more at-large members.

This the 30^th day of June, 2004.

A RESOLUTION AUTHORIZING THE TOWN TO ENTER INTO A BANKING AGREEMENT WITH CENTRAL CAROLINA BANK (2004-06-30/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town to enter into a banking agreement with Central Carolina Bank for a period of three years beginning in 2004.

This the 30^th day of June, 2004.

A RESOLUTION AMENDING THE CASH MANAGEMENT PLAN (2004-06-30/R-12)

WHEREAS, the Town established a Cash Management Plan on July 11, 1988; and

WHEREAS, the Town seeks as a depository, a financial institution offering a high rate of return on cash deposits after taking into account service charges and service level;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Cash Management Plan be revised to read as follows:

SECTION I

The Council hereby charges the Finance Director, with the cooperation of all Town departments and officials, to devise and implement a Cash Management Plan which addresses cash receipts, cash mobilization and management of available resources (investments), cash disbursements, banking relations, and monitoring and reporting on the Plan. The Finance Director shall submit the Cash Management Plan to the Town Manager for review and approval. The Town Manager shall issue implementing instructions, consistent with this resolution, for the Cash Management Plan as part of the Administrative Policies and Procedures of the Town.

SECTION II

The independent auditor for the Town of Chapel Hill shall monitor the Town’s compliance with the established Cash Management Plan and the reports of the Finance Director thereon. He shall report his findings and recommendations annually to the Council as part of the Town audit.

SECTION III

The following procedures are hereby established and shall be incorporated in the cash receipts section of the Cash Management Plan:

Except as otherwise provided by law, all taxes and other moneys collected or received by an officer of employee of the Town shall be deposited in an official depository in accordance with G.S. §159-32.

Moneys received shall be deposited daily in the form and amounts received, except as otherwise provided by statute. These moneys shall be deposited in such a manner as to receive the current day’s credit.

The Town may receive electronic payments as defined in G.S. §147-86.20 and in accordance with G.S. §159-32, including credit cards, debit cards, and electronic fund transfers.

Moneys due to the Town either by another governmental agency or by an individual shall be promptly billed, collected and deposited. The Finance Director shall monitor the status of all uncollected moneys owed to the Town and implement measures to collect any and all delinquent accounts except as otherwise provided by law.

The Finance Director shall periodically review each revenue source of the Town and examine the methods for prompt billing, collection, depositing and reporting of those sources. These methods shall be analyzed with individuals in other departments responsible for the particular revenue source, and changes shall be instituted if quicker and more efficient means of revenue realization are possible.

SECTION IV

The following procedures are hereby established and shall be incorporated in the cash mobilization and management of available resources (investments) section of the Plan:

The Finance Director shall establish a central depository system for the Town.

Pursuant to G.S. §159-25(4), the Finance Director shall receive and deposit all moneys accruing to the Town in to the Town’s cash concentration account, unless another officer or employee is duly authorized to do so and is supervised by the Finance Director.

All moneys received from the State shall be received through the North Carolina Electronic Payment Program where applicable.

The Finance Director shall review daily the position of the cash concentration account and invest any and all excess deposits. Eligible investments shall be strictly in accord with G.S. §159-30(c) and G.S. §147-69.1(c) including obligations of the U.S. Government, time deposits, repurchase agreements, and the North Carolina Cash Management Trust.

The Finance Director shall strive to keep 100% of the Town’s moneys invested at all times. This necessitates the cash concentration or checking account being kept in an interest-bearing account.

The Finance Director shall continuously forecast the Town’s future cash needs and invest moneys for longer periods of time where practicable.

SECTION V

The following procedures are hereby established and shall be incorporated in the cash disbursements section of the Town’s Cash Management Plan:

The method in which appropriations and other available resources are expended shall be performed pursuant to G.S. §159-28(b).

Billings to the Town for goods received or for services rendered shall not be paid early or late, but on the discount date or the due date to the extent practicable.

The Finance Director shall establish a system of inventory and check to insure that inventories will remain at levels necessary to conduct business without being excessive.

The Finance Director will consolidate all payments to a particular vendor, rather than issuing separate checks for each billing, to the extent practicable.

A cost-effective disbursement cycle shall be established to create the maximum amount of investable funds while at the same time insuring all bills are paid by their due date. The disbursement cycle shall be reviewed periodically by the Finance Director and changes shall be instituted when appropriate.

SECTION VI

The following procedures are hereby established and shall be incorporated in the banking relations section of the Cash Management Plan:

The Finance Director will maintain the minimum number of bank accounts for official operation. A cash concentration account and imprest payroll account shall be required accounts.

The Finance Director shall maintain in the Town’s accounts enough moneys to meet the Town’s daily obligations.

An official depository shall be selected based on a competitive proposal. A Request for Banking Services shall be submitted to those financial institutions the Finance Director has determined to be financially sound, based on a comprehensive analysis of the institutions’ financial positions. The selection process will be carried out every three years. The Finance Director shall recommend an official depository to be designated by the Council based on his evaluation of the proposals.

In order to serve as the Town’s depository, a financial institution shall provide the following as minimum services:

a) Automatic payroll deposit capability (through the electronic Automated Clearing House system) which is compatible with the Town’s established automatic payroll deposit system including specific payroll time schedules.

b) Investment options, including an overnight investment sweep account, which will provide a competitive interest rate with minimal fees.

c) Capability to process for deposit all coins and currency collected from the Town’s public transportation system and parking facilities.

Any financial institution not selected as the official depository but receiving Town funds for investment shall be analyzed by the Finance Director for financial stability if the amount of time deposits exceeds the federal depository insurance coverage of $100,000.

SECTION VII

The following procedures are hereby established and shall be incorporated in the monitoring and reporting section of the Cash Management Plan:

The Finance Director shall report quarterly to the Council concerning the status of investments, the collateralization of Town moneys, and the comparison of actual receipts and disbursements to the budgeted figures and cash flow projections.

The Finance Director shall submit semi-annually the LGC-203, Report of Cash Balance, to the secretary of the Local Government Commission pursuant to G.S. §159-33.

Significant changes in banking services or costs, and the issuance of a Request for Proposal for Banking Services will be reported to the Council.

The Finance Director shall report regularly to the Council on delinquent special assessment accounts.

Each year the Plan shall be reviewed by the Finance Director during budget preparation. The Finance Director shall propose amendments to the Plan, as appropriate, to further enhance the Town’s Cash Management Program. All Plan amendments shall be submitted to and approved by the Town Manager before being implemented.

SECTION VIII

All employees of the Town shall follow the Cash Management Plan and provisions of this resolution, and the willful or continued failure to do so is sufficient cause for possible disciplinary action.

This the 30^th day of June, 2004.

A RESOLUTION AUTHORIZING THE TOWN TO ENTER INTO AN AGREEMENT WITH LEGG MASON WOOD WALKER, INC. FOR UNDERWRITING SERVICES FOR THE TOWN OPERATIONS CENTER (2004-06-30/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town to enter into a contract for underwriting services for the Town Operations Center with Legg Mason Wood Walker, Inc.

This the 30^th day of June, 2004.

AN ORDINANCE GRANTING A FRANCHISE TO MADISON RIVER COMMUNICATIONS, LLC TO PROVIDE VOICE AND DATA TELECOMMUNICATIONS SERVICES IN THE TOWN OF CHAPEL HILL (2004-06-30/O-6)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby grants a franchise to Madison River Communications, LLC to operate a telecommunications system in the Town subject to the following conditions:

Scope of Services

The company may provide the following services:

Telephone and Data Communications 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 rights-of-way.

Relocation Of Equipment

Any of the company's equipment which may be located in public rights-of-way or 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 telephone and data communications service provided to the Town; otherwise, such time period shall be extended as reasonably necessary for the company to find an adequate relocation site, provided, however, that the Town Council approves a separate lease agreement.

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 Chapter 17, Article IV of the Town Code of Ordinances. The franchisee shall notify the Town Manager’s office 24 hours in advance of the start of any construction that will damage any existing public street or significantly obstruct the flow of traffic.

Term of Franchise

The term of the franchise shall be 20 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 that 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 that 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 60 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 rights-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 30^th day of June, 2004. (SECOND reading)

A RESOLUTION DEFERRING CONSIDERATION OF AN AMENDMENT TO THE 2000 LAND USE PLAN CONCERNING SCHOOL SITES (2004-06-30/R-14a)

WHEREAS, the Town Council is considering a request of the Chapel Hill-Carrboro Board of Education to designate additional sites on the Town’s 2000 Land Use Plan; and

WHEREAS, representatives of the American Legion property expressed concerns to the Town Council on June 14, 2004; and

WHEREAS, the Council desires to give the American Legion property representatives an opportunity to express their concerns to the Chapel Hill Board of Education;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby defers consideration of amending the Town’s 2000 Land Use Plan to designate and remove school sites on the Plan to the Council’s September 7, 2004 meeting.

This the 30^th day of June, 2004.

A RESOLUTION APPROVING AN AMENDMENT TO THE TOWN’S 2000 LAND USE PLAN TO IDENTIFY POTENTIAL SCHOOL SITES (2004-06-30/R-14b)

WHEREAS, the Town of Chapel Hill Comprehensive Plan adopted by the Council on May 8, 2000, designates 5 potential school sites identified by the Chapel Hill - Carrboro Board of Education on the Land Use Plan; and

WHEREAS, on September 22, 2003, the Town Council adopted Sections 4.5.8 and 4.7.8, Reservation of School Sites, as modifications to the Land Use Management Ordinance which extends the scope of reservation for school sites by the Chapel Hill - Carrboro Board of Education to other forms of development requiring approval as Site Plans, Special Use Permits or Special Use Permit modifications;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the 2000 Land Use Plan as shown on Map 2 attached to materials presented to the Council at its June 30, 2004 meeting, to add sites to the Plan and delete sites from the Plan as requested by the Chapel Hill-Carrboro Board of Education as set out in the letter from the Chapel Hill – Carrboro City School System dated January 8, 2004.

BE IT FURTHER RESOLVED that the Council requests that the Town Manager forward the observations and comments received from Chapel Hill advisory boards to the Board of Education for information and consideration.

This the 30^th day of June, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2004-06-30/O-7)

This the 30^th day of June, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-06-30/O-8a)

This the 30^th day of June, 2004.

AN ORDINANCE TO AMEND THE CAPITAL GRANTS ORDINANCE FOR VARIOUS CAPITAL HOUSING PROJECTS (2004-06-30/O-8b)

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 housing capital projects funded from grants 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

3,491,120 3,506,231

SECTION IV

Amounts appropriated for capital projects are hereby amended as follows:

Current Budget Revised Budget

3,491,120 3,506,231

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 Town Clerk.

This the 30^th day of June, 2004.

A RESOLUTION RECEIVING AND REFERRING AN ENGINEERING DEPARTMENT STAFF REPORT ON MEASURES THAT COULD BE IMPLEMENTED ON AND IN THE VICINITY OF THE TOWN HALL/FIRE STATION PROPERTY TO IMPROVE PEDESTRIAN ACCESS AND CIRCULATION (2004-06-30/R-15)

WHEREAS, the Chapel Hill Town Council is interested in providing safe and effective means of access and circulation for pedestrians on the Town Hall/Fire Station property; and

WHEREAS, the Town Engineering Department has studied the property and has prepared a preliminary list of improvement measures for consideration; and

WHEREAS, the Council wishes to receive comments and suggestions from applicable advisory boards regarding the preliminary list of improvement opportunities;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith receives the Engineering Department’s preliminary report and refers it to the Transportation Advisory Board and the Bicycle and Pedestrian Advisory Board for review and comment.

BE IT FURTHER RESOLVED that the Council directs the Manager to return with a final report and recommendations for pedestrian access and circulation improvement projects on and around the Town Hall/Fire Station property, including recommendations from the advisory boards.

This the 30^th day of June, 2004.

A RESOLUTION INCORPORATING A FEE FOR ROLL-CART COMMERCIAL SOLIDE WASTE COLLECTION SERVICE AS PART OF THE SCHEDULE FOR SOLID WASTE SERVICE FEES FOR FISCAL 2004-05 (2004-06-30/R-15.1)

WHEREAS, the Town charges a fee for roll-cart commercial solid waste collection service as part of the overall schedule of fees for refuse collection services; and

WHEREAS, the fee for this service was inadvertently omitted from the fee schedule;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following be added to the approved schedule of fees for solid waste services for fiscal 2004-05.

ROLL-CART COMMERCIAL SERVICE

1x/week each additional container

Up to 7 containers $250 $36

This the 30^th day of June, 2004.

AN ORDINANCE TO AMEND A GRANT PROJECT ORDINANCE FOR A TRANSIT DESIGN AND ENGINEERING GRANT (2004-06-30/O-8.1)

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 grant project ordinance is hereby adopted:

SECTION I

The design and engineering funds authorized are from a fiscal year 2003 Federal Transit Administration Section 5309 State-wide earmark.

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 Federal Transit Administration and the North Carolina Department of Transportation within the funds appropriated herein.

SECTION III

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

SECTION IV

Amounts appropriated for capital projects are hereby amended as follows:

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 30^th day of June, 2004.

A RESOLUTION AUTHORIZING A CONTRACT AMENDMENT FOR CONSULTING SERVICES With Stainback Public/Private Real Estate (2004-06-30/R-15.2)

WHEREAS, the Comprehensive Plan and Downtown Small Area Plan identify Town Parking Lots 2 and 5 as key redevelopment sites; and

WHEREAS, on October 27, 2003, the Council authorized the Town Manager to execute a contract with Stainback Public/Private Real Estate to provide economic development consulting services for the future development of Parking Lots 2 and 5 in downtown Chapel Hill; and

WHEREAS, on June 14, 2004, the Council authorized proceeding with financial analysis of Master Plans for Lots 2 and 5 and the Wallace Parking Deck, with options including consideration of a Transit Transfer Center on Lot 2 and a parking structure on the privately-owned RBC Centura property; and

WHEREAS, the consultant has requested additional funds to cover costs associated with consideration of options for the Wallace Parking Deck, the Transit Transfer Center on Lot 2, and a parking structure on the privately-owned RBC Centura property;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a contract amendment with Stainback Public/Private Real Estate based substantially on the terms described in the attached memorandum of June 30, 2004 to include in Part 1C, Financial Analysis, the following work:

· Two detailed phasing plans and schedules, $4,800

· Sources of financing related to the transit center and environmental mitigation, $6,000

· Allocated expenses, $1,026

BE IT FURTHER RESOLVED that the Council authorizes the Manager to incorporate in the contract amendment previously approved budget amendments by the Town Council for this project on November 24, 2003 and May 24, 2004, and the April 14, 2004 project schedule adopted by the Council Committee on Parking Lots 2 and 5.

This the 30^th day of June, 2004.

Item 5 – Information Items

a. Response to Petition from Cedar Hills Neighborhood Requesting Traffic Calming Measures.

The Information Report was accepted by consensus of the Council.

Item 6 - Village Plaza Theaters -

Application for Special Use Permit Modification

a. Public Hearing on a Special Use Permit Modification for the Village Plaza Theater Renovation.

Town Planning Director Roger Waldon presented the staff's recommendation that the Council adopt Resolution A for approval of modification of the January Special Use Permit (SUP). He explained that this would include modification of stipulation #4, deleting a requirement that the applicant improve Driveway D. Approval would also modify a requirement that a connection be constructed to a nearby greenway and would allow a payment-in-lieu of that connection, Mr. Waldon said. He pointed out that these two changes were the same ones the staff had recommended at the June 2, 2004 public hearing.

Mayor Foy suggested that the Council limit tonight's hearing to new information. They had received hours of testimony and did not need repetitive testimony, he said. Mayor Foy asked those who had signed up to speak not to do so unless they had new information. He also requested that they be explicit about what that new information was.

Carter Meiselman, president of Eastern Federal Corporation, stated that movie theaters create value in surrounding businesses and do not destroy it. He said that Eastern Federal had worked diligently to try and create a solution with Ginn & Company and had made two good faith attempts toward a negotiated settlement. "We offered real value to address exactly what they've been complaining about all along," he said. Mr. Meiselman proposed that Ginn & Company was misusing the SUP modification process to delay the theater as long as they could. He pointed out that Eastern Federal had demolished its existing theater based on approval that the Council already had given. They had done everything the Council and Mr. Ginn had asked them to do, Mr. Meiselman said. He noted that all of the Town boards, as well as the Town staff, were in support of the SUP modification.

Attorney Wayne Hadler, representing Eastern Federal Corporation, stated that the question was whether the improvements to Driveway D under stipulation #4 could be deleted without interfering with the project. He said that Eastern Federal had presented evidence that Driveways A, B and C were sufficient and that the Town could delete the requirement for improvements to Driveway D because improving it was not necessary for the project. Mr. Hadler asked for permission to have Town Traffic Engineer Kumar Neppalli provide an opinion on that.

Mayor Foy pointed out that Mr. Neppalli's report already was part of the record. Mr. Hadler replied that Mr. Neppalli had not testified at the last meeting and that he wanted the Council to be clear that the level of service in the other driveways was consistent with Town standards without the suggested improvements to Driveway D.

Mr. Horton reminded Mr. Neppalli that he would be under oath while giving this testimony. In reply to Mr. Hadler's questions, Mr. Neppalli explained that he had engaged a traffic impact analysis in order to study all of the driveways and to determine the impact of a stipulation that the Council had approved several years ago on Driveway D. The Engineering Department had continued to recommend that the improvements to Driveway D were not necessary for the Village Plaza expansion, he said. Mr. Neppalli explained that this opinion was based on the actual trip distribution and conditions of the driveways, noting that the study had found that the level of service meets the Town's acceptable standards for an unsignalized intersection. Mr. Neppalli reported that the study had concluded that Driveway D would be at level of service B on Saturday night in 2007 after the expansion. It would be at a level of service C on Friday night, Mr. Neppalli said.

Council Member Harrison asked Mr. Neppalli to describe what level of Service E would be like for a driver who was turning left onto Elliott Road from Driveway D. Mr. Neppalli replied that he could not imagine more drivers taking that driveway to make that turn onto Elliott Road. Any smart driver would use the other well-designed driveways and make that turn with less delay, he said.

Council Member Harrison asked Mr. Neppalli if he considered an unsignalized left turn at a level of Service E to be a safe movement. "We don't call it a 'safe' movement," Mr. Neppalli replied. "Our standards call that an 'acceptable' level of service." Making a left turn from a driveway onto a thoroughfare creates a delay, he said, but it is not unsafe.

Mayor Foy asked Michael Ortiz, attorney for Ginn & Company, if he wished to question Mr. Neppalli. Mr. Ortiz asked Mr. Neppalli if he had questioned the quality of the traffic study that had provided an analysis of only the worst conditions. Mr. Neppalli replied that the developer at the beginning of the process had provided to the Town a map that had incorrectly shown Driveway D on Village Plaza Theater property. That was the only reason the staff had recommended that Village Plaza improve the driveway, he said. Mr. Neppalli explained that the staff does not recommend that applicants improve driveways on other people's properties without an agreement and discussions at the beginning of the process. That recommendation had not been because the improvements were necessary but because they would be better than existing conditions, he said.

Mr. Ortiz asked Mr. Neppalli if he agreed that the study on which the Council had based its decision was the RH&S study. Mr. Neppalli replied that the Town Council does not make its decisions based on consultants' studies, but on Town standards, experience, and the Town Manager's recommendation. In response to a question by Mr. Ortiz, Mr. Neppalli stated that RH&S had only addressed one scenario for the worst conditions at Driveways C and D. Mr. Ortiz asked Mr. Neppalli if he had ever stated to the Council prior to tonight that there were flaws in the RH&S study. Mr. Neppalli replied that he did not think there were flaws in the report. Traffic analysis studies can be prepared in several different ways and that RH&S study had analyzed only one option, he said.

Mr. Hadler pointed out that the Town had engaged the "impartial" firm of HNTB, which had found that improvements to Driveway D were not necessary. Eastern Federal was not able to obtain an easement to make those improvements at this time, he said, and he argued that the project needed to move forward. Mr. Hadler urged Council members to pay attention to the process and to the people in the process who have nothing but the Town's interest at stake.

Mr. Ortiz stated that Mr. Ginn and Mr. Meiselman had discussed a parking deck. A deck on Eastern Federal's property was feasible, he said, adding that Mr. Ginn was willing to contribute toward that. Mr. Ortiz pointed out that information regarding that was in the Council's packet.

Property owner Steve Ginn referred to a January 16, 2003, email that he had sent to Bill Wilson and Richard Gurlitz regarding five things he would agree to. But he had not had a response from Eastern Federal for a year after that, he said, until the driveway issue came up. If the Council deletes the stipulation for Driveway D, Mr. Ginn asked that they allow him to place temporary barricades on his property to control pedestrian and automobile traffic. He commented that a parking deck would be the best solution, adding that this was why he was willing to put a lot of money toward building one.

Scott Allshouse, representing Whole Foods, stated that a Whole Foods core value was involvement with communities. Being a successful, multi-billion dollar company does not mean they don't care, he said. Mr. Allshouse remarked that Whole Foods’ policies of customer service and protecting the rights of all stakeholders includes providing appropriate parking. He explained that Whole Foods would not have signed a lease with Ginn & Company if a theater had been on their property but, at the same time, a theater did exist on that property when they decided to acquire Wellspring. Mr. Allshouse pointed out that the Whole Foods agreement with Ginn & Company requires Mr. Ginn to obtain their permission to make certain agreements.

Chris Shaw, property manager for Crowell Little and Steve Ginn, stated that when former Council Member Pat Evans voted on a 5-4 vote in favor of the theater she had assumed Driveway D would be an integral part of the plan. He presented a tape recording as proof of that. Mayor Foy pointed out that Council Member Evans's comments already were part of the record.

Bob Krueger told Council members that the manager at The Spa had expressed emphatic support for the theater. The East Franklin Car Care owner was bewildered as to why the theater had not been built, he said. Mr. Krueger also told the Council that Steve Nicewarner, a majority owner at Cerebral Hobbies, favored completion of the theater. He said that he and several other Village Plaza business owners felt that they were being hurt by the delay and that raising the parking deck issue was another stall tactic.

Kate Branch spoke in favor of the theater and parking deck. However, she explained that adding a stipulation regarding Driveway C would hurt her business even further because it would make it easier for movie people to park in front of her store.

Mayor Foy clarified that the stipulation regarding Driveway C had been part of the SUP and was not an added stipulation.

Ms. Branch said that 30 of the 47 spaces that Mark Properties’ businesses were acquiring for employee parking in the alley behind them would lead to "absolutely no delivery access" for books to her store. She also stated that the order in which construction would occur means that access to her store would be blocked. This could put quite a few businesses, including the only independent bookstore in Chapel Hill, out of business, Ms. Branch said.

Jim Groot, owner of Red Hot & Blue Restaurant, noted that this two-year approval process had been riddled with lack of facts and distortion of truth. Each Council member knows the truth, he said, adding that "smoke and mirrors" would not work. Mr. Groot pointed out that he would be one of the major beneficiaries of the theater, but not if it proceeds in the wrong way. Mr. Groot pointed out that he had implored the Council to realize that there would be serious damage to contiguous properties. He asked that the Council stand united in attempting to repair the damage that two Councils had allowed to happen because they could not force two responsible businesses to get together to do the right thing to benefit Chapel Hill.

Bob Scully, owner of Bob & Aviva's Java Café, expressed support for completion of the theater. He described the empty area as a "DMZ" and said that having it next to their business for the past 13 months had been very damaging. Mr. Scully requested that the fence be removed since having it there makes the area more dangerous and repugnant.

Chas Gaertner, a West Rosemary Street chiropractor, asked that the theater be built so that children will no longer be begging their parents to take them to Southpoint Cinema. He urged Council members to be creative and stop the crying and whining and get the theater built. It is a quality of life issue and a community issue for Chapel Hill, Mr. Gaertner said

Heidi Chapman, speaking as a concerned citizen and a personal injury attorney who does not represent any of the parties, said that Eastern Federal had the burden of proving that it was entitled to a SUP to expand its theaters. They knew that stipulation #4 was impossible before the Council voted to issue the SUP and had obtained the SUP through a material misrepresentation that it could comply with stipulation #4, she said. Given that, commented Ms. Chapman, Eastern Federal's SUP is void and not enforceable and the Town has the right to withdraw its approval. Ms. Chapman questioned the quality of the 2004 traffic study and asked the Council to revisit the SUP. If Council members want the project to go forward, she said, they should ask Eastern Federal to put in a parking deck. If that is, done then the neighbors may allow the widening of Driveway D, she noted.

Mr. Meiselman stated that it would be extremely difficult to reach an agreement with Mr. Ginn regarding his $500,000 offer toward a parking deck. He expressed willingness to consider a deck in the future, but argued that it would be unfair to use that as a way to keep Eastern Federal from progressing with their project.

Council Member Harrison determined from Mr. Waldon that conditions of approval from the original January 2003 SUP were that the property owner provide at least two on-site security monitors, from 6-9 p.m. on Friday and Saturday and from 1-6 p.m. Saturday and Sunday afternoons, to direct traffic to the applicant’s site. He pointed out that this did not address insuring public safety when entering and exiting the parking lot. Council Member Harrison expressed skepticism that the driveways would be safe and wondered if an off-duty police officer should be posted there.

Council Member Kleinschmidt said that it seemed unlikely that Driveway D would be used considering a traffic island in the area. Council Member Harrison replied that he was concerned about theater patrons and others being able to safely get out through the whole set of driveways at peak times.

Council Member Hill clarified that it was not unusual for police officers to be employed to direct traffic. Mr. Horton noted that it is most often done for special events but has been done on a regular basis at St. Thomas More School, for example. He added that the police chief or his designee must approve the employment. And the question of whether it is reasonable for a police officer to work for a private employer in such a circumstance occasionally comes up, Mr. Horton said.

Mayor Foy asked if the applicant objected to a stipulation that would require an off-duty police officer at peak times. Mr. Hadler replied that the problem with that stipulation was its lack of shape and scope regarding peak times. Eastern Federal honestly believes that the theater will function well within a short time, he said, adding that they would not want to hire someone forever for 3 p.m. if there is no problem at that time.

Mayor Foy asked Mr. Meiselman if he provided traffic monitors at any of his other locations. Mr. Meiselman replied that he was not aware of any. He said that he might agree to the concept but would like more specifics, such as where the monitors would be. Mayor Foy verified that Council Member Harrison would like an officer positioned at Driveway C at peak times.

Mr. Horton noted that 6-9 p.m. on Friday and Saturday and 1-6 p.m. on Saturday and Sunday afternoons had been determined as peak periods for security officers in stipulation #14. Mr. Hadler noted that the traffic report had stated that Driveway C would be at level of Service E only at 6-9 p.m. on Friday evening.

Council Member Harrison replied that this was the time when he thought it would be needed. Mr. Hadler stated that Eastern Federal would agree, but asked that the Town review it in three months. Mr. Horton recommended that the study last for six months and that the applicant pay for it.

Mayor Foy asked if there was any objection to Mr. Ginn's request to install temporary barriers on his property to stem the flow of traffic. Mr. Hadler replied that Eastern Federal had never objected to that idea. Mayor Foy stated that the stipulation regarding the traffic officer would be for six months, the applicant would pay for the study, the Town would retain the entity to do the study, and it would be for an off-duty traffic officer from 6-9 p.m. on Friday.

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

b. Consideration of Resolutions to Approve the Special Use Permit Modification.

Mr. Karpinos asked for language regarding the modifications to the stipulations. Mr. Karpinos explained that putting up barricades along Ginn's own property, with signage and pedestrian controls, already was part of their authority and did not need to be a condition of anyone's permit. The only exception was the area by the cleaners, he said, adding that this could not be changed by Eastern Federal's permit because it is a condition of the Ginn & Company permit.

COUNCIL MEMBER VERKERK MOVED R-16a WITH AN AMENDMENT ONLY TO THE STIPULATION REGARDING AN OFF-DUTY TRAFFIC CONTROL OFFICER ON FRIDAY FROM 6-9 P.M. FOR A SIX MONTH PERIOD, WITH THE STUDY TO BE PAID FOR BY THE APPLICANT. COUNCIL MEMBER KLEINSCHMIDT SECONDED THE MOTION.

Council Member Hill commented that the Council frequently adds a stipulation at the end of a long process. The Council had discussed parking for months, he said, but they had not discussed traffic. Council Member Hill posited that the applicant was agreeing to the stipulation because they were afraid of losing their entire project over a stipulation that the Council had discussed for only 10 minutes. Council Member Hill described it as an unnecessary stipulation and said that doing things at the last minute was what had gotten the Council in the position it was in with this application.

COUNCIL MEMBER HILL OFFERED A SUBSTITUTE MOTION TO ADOPT R-16A WITH NO STIPULATIONS. THERE WAS NO SECOND.

Council Member Ward asked for more information about the barricades. Mr. Karpinos explained that Ginn & Company's permit showed a double arrow back and forth in front of the cleaners, meaning that the opening there must remain. But, other than that, the property owners already have the authority to control access to parking on their property, he said. Council Member Ward asked for specifics on how controlling parking would work. Mr. Karpinos explained that they could post signs saying that parking is for patrons of that business only and tow cars that park there. Ginn & Company could enforce the requirements, provided that the proper signage is there, Mr. Karpinos said.

THE MOTION WAS ADOPTED 8-1, WITH COUNCIL MEMBER WARD VOTING NAY.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE VILLAGE PLAZA THEATER RENOVATION (2004-06-30/R-16a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Eastern Federal and Triangle V II L.P., on property identified as Chapel Hill township Tax Map 46, Block B, Lot 11 and 11B (PIN 9799-24-2361 and 9799-14-8584) if developed according to the condition listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of this chapter, including all applicable provisions of Articles 3 and 5, the specific standards contained in the Supplemental Use Regulations (Article 6), and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit Modification for the Village Plaza property in accordance with the conditions listed below:

That the Special Use Permit approved by the Town Council on January 27, 2003, be modified to amend stipulation #4 to read as follows:

4. Elliott Road Access Driveway “C”: That the applicant improve the northern most driveway (driveway “C “) along Elliott Road to provide a 30-foot wide driveway with striped left and right turn lanes exiting the site, stop signs and one lane entering the site. That, if practical, the reconstructed driveway shall intersect Elliott Road at a 90 degree angle. The final design and configuration of the reconstructed driveway along Elliott Road shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the applicant arrange for an off-duty law enforcement officer to be posted at the Driveway “C” intersection with Elliott Road for the initial six months of operation of the theater facility, to manage traffic and turning movements at that driveway during the hours 6 pm to 9 pm on Friday evenings. That the applicant make a payment to the Town for preparation of a study of that intersection during this six-month period, to determine how the intersection is functioning, and to recommend whether continuation of the presence of a traffic control officer is necessary. The Town Manager shall determine at the end of six months, based on the analysis, whether or not the continued posting of a traffic control officer is warranted. If the Town Manager determines that the officer is not needed, the applicant may cease the arrangement. If the Town Manager determines that the continued presence of the officer is warranted, the applicant shall continue to arrange for an officer to be on-site during Friday evenings, 6 pm to 9 pm, until such time as the Town Manager subsequently determines that the officer’s presence is not warranted.

The applicant is authorized to adjust the internal parking lot layout at Driveway “C” to lengthen the internal driveway “throat.” If parking lot layout changes are proposed, the Town Manager shall review and approve the layout prior to the issuance of a Zoning Compliance Permit.

That the Special Use Permit approved by the Town Council on January 27, 2003, be modified to amend stipulation #6 to read as follows:

6. Pedestrian Connection to Booker Creek Greenway: That the applicant construct a pedestrian connection between the Booker Creek Greenway and the back of the movie theater. The location and design of this pedestrian connection shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. In lieu of constructing this connection, the applicant may provide a payment to the Town that represents the anticipated cost of construction of the connection. The payment may be used for construction of the connection or other associated greenway improvements in the area. The amount of the payment-in-lieu shall be approved by the Town Manager.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Village Plaza Theater Renovation property in accordance with the condition listed above.

This the 30^th day of June, 2004.

Item 7 - Continuation of a Public Forum on a

Proposed Lobbying and Ethical Guidelines Ordinance

Mayor Foy noted that no one had signed up to speak on this item and that Council Member Greene, Chair of the Committee, had requested that the Council defer consideration to the first Council meeting in October. He stated that the item would be open for comment until the Council closes it.

The Council agreed by consensus to delay consideration of this issue until October 2004.

Item 8 - Continuation of a Public Forum on Draft Options for

Traffic Calming Policy and Procedures

Engineering Director George Small summarized the staff's 24 recommendations for traffic calming policies and procedures. He said that the staff strongly recommended using a petition process rather than a neighborhood survey process.

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY VERKERK, TO CLOSE THE PUBLIC FORUM. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-17A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A FORMAL POLICY AND PROCEDURES FOR RECEIVING, EVALUATING, PRIORITIZING AND FUNDING TRAFFIC CALMING REQUESTS USING A PETITION PROCESS (2004-06-30/R-17a)

WHEREAS, the Council of the Town of Chapel Hill is concerned about vehicular and non-vehicular safety and mobility on Town streets; and

WHEREAS, the Council held a work session on November 24, 2003, to discuss a staff report including draft policy and procedures for dealing with traffic calming requests; and

WHEREAS, the Council subsequently received recommendations from the Transportation Board regarding the draft policy and procedures; and

WHEREAS, the Council held a public forum on June 14, 2004, to discuss and to receive public comment on draft policy and procedures for dealing with traffic calming requests; and

WHEREAS, the Council received a staff report on June 30, 2004, including two options for policy and procedures for receiving, evaluating, prioritizing, and funding traffic calming requests without assessment of costs to property owners;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts formal policy and procedures for receiving, evaluating, prioritizing, and funding traffic calming requests as described in Option #1, attached hereto, using a petition process.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to evaluate all pending and future traffic calming petitions using the adopted policy and procedures for traffic calming.

This the 30^th day of June, 2004.

Item 9 - Continuation of a Public Hearing regarding the

Library’s Internet Safety Policy

Mr. Horton stated that either the staff's recommended policy or the one that the Library Board had recommended would be acceptable. The staff's recommendation would give adult patrons the opportunity to choose a filtered session on the Internet or to impose that requirement on their children, he said. Mr. Horton noted that neither the staff nor the Library Board had recommended requiring such filtering.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO ADOPT R-18B, THE LIBRARY BOARD'S RECOMMENDATION TO CONTINUE UNFILTERED ACCESS.

Mayor pro tem Wiggins clarified that it was the duty of the Library staff, under the current regulations, to require that parents of children under a certain age accompany their children when using certain equipment. Mr. Horton explained that above that age, the Library staff was responsible for making sure that Library use was appropriate and consistent with Library policies.

Council Member Ward added that the Library Board had been discussing ways to educate and guide people on how to avoid getting material on the Internet that they might not want to get through their searches.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A REVISED INTERNET SAFETY POLICY TO OFFER ALL CHAPEL HILL CITIZENS UNFILTERED LIBRARY INTERNET ACCESS (2004-06-30/R-18b)

WHEREAS, the Chapel Hill Public Library Board has recommended that the Town continue its policy of providing unfiltered Internet access;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the attached Internet Safety Policy.

This the 30^th day of June, 2004.

Item 10 - Review of Draft Durham-Chapel Hill-Carrboro

2030 Regional Transportation Plan

Long Range Planning Coordinator Chris Berndt explained that the Council was being asked to refer the Regional Transportation Plan to their advisory boards for comment and to call a public forum for September 13, 2004. The goal was to have the Regional Transportation Advisory Committee approve a plan by September, she said.

Ms. Berndt noted the similarities and differences between the 2030 and the 2025 Plans. She called Council members' attention to an attached schedule that would allow them to vote and make a recommendation at the September 27, 2004 Council meeting.

Mayor Foy pointed out that he, Council Member Strom and Council Member Harrison were representing the Council in various capacities at the Transportation Advisory Committee. He noted that charts on pages 54, 55 and 56 of the staff report gave a graphic illustration of roadway capacity. The plan was to try and address the impending transportation difficulties that the region will face given the funds available, Mayor Foy said.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-19. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION SCHEDULING REVIEW OF THE DRAFT DURHAM-CHAPEL HILL-CARRBORO 2030 REGIONAL TRANSPORTATION PLAN (2004-06-30/R-19)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has completed a draft 2030 Regional Transportation Plan; and

WHEREAS, the Transportation Advisory Committee has opened a public comment period on the draft Plan; and

WHEREAS, the Town of Chapel Hill will be developing recommendations on the draft 2030 Regional Transportation Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the draft Durham-Chapel Hill-Carrboro 2030 Regional Transportation Plan and refers the Plan to the Town’s Planning Board, Transportation Board and Horace Williams Citizen Committee for review and comment.

BE IT FURTHER RESOLVED that the Town Council sets a public forum on the draft 2030 Plan for 7:00 pm, September 13, 2004, in the Town Council Chamber, 306 North Columbia Street, Chapel Hill.

This the 30^th day of June, 2004.

Item 11 - Consideration of Resolutions Regarding Using Tolls to Finance the

Construction of the Triangle Parkway and High Occupancy Vehicle Lanes

Along I-40; and Identification and Implementation of Local Revenue

Sources to Support Transportation Improvements

Mayor Foy explained that there now was authorization for toll roads in North Carolina and that some in the Chapel Hill region think it's a good idea. It had been suggested that one of the I-40 lanes from Chapel Hill to Raleigh could be for high occupancy vehicles and also provide a public transit corridor, he said. Mayor Foy explained that a bus or a high occupancy vehicle could ride in that toll lane for free, but a single occupancy vehicle would have to pay to use it. He said that Chapel Hill had been asked to support the concept but that he did not feel comfortable supporting it without Council discussion. Mayor Foy stated that he objects to toll lanes in general but realizes that this could be a funding source for a public transit corridor between Chapel Hill and Raleigh.

Joe Melazzo, Executive Director with the Regional Transportation Alliance, explained that the NC Turnpike Authority was currently authorized to implement three toll facilities within the State. One will be in Mecklenburg County and the remaining two could go anywhere, he said. Mr. Melazzo said that I-40 had been mentioned, as had a Triangle Parkway, which would be an extension of the Durham Freeway out to I-540.

Council Member Harrison described this as the best idea he had ever seen for a toll transportation facility. To his amazement, he said, he found it supportable because there was no other apparent source to fund this for I-40.

Council Member Verkerk asked how a transponder would work. Mr. Melazzo explained that transponders were about the size of a deck of playing cards and were mounted on the inside of the driver's windshield. The driver goes under something that looks like an overhead highway sign support and that structure reads the card, he said. Mr. Melazzo noted that the closest such structure to North Carolina was on the Pocahontas Parkway in Petersburg, Virginia.

Council Member Greene asked about the timeframe for this and for other I-40 improvements. Mayor Foy replied that there were three possible turnpikes and that the first hurdle would be to have one of them approved. He said that the HOV lanes on I-40 were extremely expensive and that the timeframe for completing them did not seem to be known.

Mr. Melazzo pointed out that one limitation would be financial resources. He said that the Triangle Parkway could be accelerated because the Research Triangle Foundation holds about 80% of that land and because the portion of I-540 that would connect to it was currently under construction.

Mayor Foy commented that the HOV lanes on I-40 were way out in the future under current scenarios. This might be a way to get funding for the HOV lanes earlier, he said.

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO ADOPT R-20A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TO ENCOURAGE AND SUPPORT THE CONSIDERATION OF TOLL FINANCING TO CONSTRUCT THE TRIANGLE PARKWAY (NC 147 SOUTHERN EXTENSION FROM I-40 TO I-540) (2004-06-30/R-20a)

WHEREAS, the anticipated growth of the population of the Research Triangle Region, - more than 70 percent between 1980 and 2000 compared to a 20 percent national growth rate - has created a tremendous and growing strain on the Triangle's transportation system; and

WHEREAS, the region’s economic heart, the Research Triangle Park, still has the potential to double in employment from 45,000 to 90,000 employees by build out; and

WHEREAS, the Triangle Parkway would provide an alternative route and a connector to the Park that will improve mobility throughout the region; and

WHEREAS, a completed Triangle Parkway will help attract, create, and retain jobs throughout the Triangle area by providing delay-free travel to employees, suppliers, and customers during off-peak periods and dramatically reduced travel times during peak periods; and

WHEREAS, the construction of the Parkway will help relieve traffic congestion which hampers the ability of areas beyond the core counties to share in the Triangle's prosperity;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the North Carolina Turnpike Authority consider the Triangle Parkway (NC 147 southern extension to I-540) as one of its initial three toll projects authorized, in order to provide enhanced access to jobs and mobility to and through Research Triangle Park from points throughout the greater Triangle.

BE IT FURTHER RESOLVED that the Council encourages the appropriate use of free-flow electronic tolling with variable pricing to help coordinate supply and demand, encourage bus transit use and carpooling, and maintain optimum travel service on the Triangle Parkway – the NC 147 southern extension to I-540.

This the 30^th day of June, 2004.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-20B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TO ENCOURAGE AND SUPPORT THE CONSTRUCTION OF EXPRESS HIGH OCCUPANCY VEHICLE LANES ALONG INTERSTATE 40 IN THE TRIANGLE AREA USING TOLL FINANCING OR OTHER MEANS (2004-06-30/R-20b)

WHEREAS, the region’s economic heart, the Greater Research Triangle Park area still has the potential to double in employment form 100,000 to 200,000 employees by build out; and

WHEREAS, significant growth in jobs and enrollment is anticipate a the region’s colleges and universities – including an additional 20,000 at Carolina North at the University of North Carolina at Chapel Hill, and an additional 30,000 at NC State University’s Centennial Campus; and

WHEREAS, the Triangle continues to struggle with increasing congestion and air quality concerns; and

WHEREAS, federal transportation funding to North Carolina has not increased adequately to meet the need for expanded roadways, transit, bicycle and pedestrian facilities; and

WHEREAS, the ability of North Carolina’s Highway Fund – and indeed the Highway Trust Fund, passed in 1989 – to serve as a State-wide funding source for all needs is being steadily eroded by ever increasing State-wide demands; and

WHEREAS, a continued effort to forge a consensus on the need for additional revenues and institutional frameworks to improve mobility has been sustained by members of the Regional Transportation Alliance – a partnership of 15 chambers of commerce – in concert with local, county and State elected officials; and

WHEREAS, a 2000 study commissioned by the mayors of Raleigh, Durham, Chapel Hill, and Cary identified a series of multimodal transportation components – such as new express lanes along congested freeway corridors – that would help to maintain mobility and travel options throughout our urban region;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports implementing express high occupancy free-flow lanes along Interstate 40 in Orange, Durham, and Wake Counties (with the western Triangle being the higher priority), in order to encourage carpooling and transit ridership and create an effective alternative for users during peak travel conditions.

BE IT FURTHER RESOLVED that the Council encourages the consideration of free-flow electronic tolling that would enhance the mobility of travelers while providing an additional source of revenue to accelerate the construction and maintenance of the express high-occupancy corridor.

This the 30^th day of June, 2004.

With regard to R-20c, Mayor Foy read the seventh “Whereas,” explaining that it predicted an $8 billion shortfall to meet future mobility needs. "However you want to view that, that's bad news," he said. He noted that it meant there would be no public transit corridors being built to Chapel Hill because "there is no money." Mayor Foy explained that if the State does not want to impose taxes to get this revenue then the mayors want the authority to do it, "so that people don't sit in traffic and fume, because that's where we're headed." Mayor Foy pointed out that R-20c would give the region the ability to raise its own funds.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-20C. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION SUPPORTING THE TRIANGLE MOBILITY COMPACT (2004-06-30/R-20c)

WHEREAS, the anticipated growth of the population of the Research Triangle Region - more than 70 percent between 1980 and 2000 compared to a 20 percent national growth rate - has created a tremendous and growing strain on the Triangle's transportation system; and

WHEREAS, the region’s economic heart, the Greater Research Triangle Park area still has the potential to double in employment form 100,000 to 200,000 employees by build out; and

WHEREAS, the Triangle continues to struggle with increasing congestion and air quality concerns; and

WHEREAS, federal transportation funding to North Carolina has not increased adequately to meet the need for expanded roadways, transit, bicycle and pedestrian facilities; and

WHEREAS, a 2000 Study commissioned by the mayors of Raleigh, Durham, Chapel Hill, and Cary identified an estimated $8 billion shortfall in State and federal revenues to meet future mobility needs; and

WHEREAS, that Study identified a series of multimodal transportation components – such as new highways, pedestrian and bicycle facilities, regional rail service, municipal and regional bus service, and express lanes along congested freeway corridors – that would help to maintain mobility and travel options throughout our urban region and improve air quality; and

WHEREAS, any effort to protect and improve mobility requires a comprehensive and broad-based strategy, including cooperation with the State Blue Ribbon Commission for Urban Mobility needs and other venues that provide opportunities to address growing congestion; and

WHEREAS, a continued effort to forge a consensus on the need for additional revenues and institutional frameworks to improve mobility has been sustained by members of the Regional Transportation Alliance - a partnership of 15 chambers of commerce – in concert with local, county and State elected officials;

NOW, THEREFORE, BE IT RESOLVED that the Town of Chapel Hill supports working with regional partners in order to encourage, identify, and implement the local revenue sources needed to help the Triangle and other metropolitan regions in North Carolina gain more control over our regional mobility future.

This the 30^th day of June, 2004.

Item 12 - Scheduling Consideration of Duplex

Regulations to September 27, 2004

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO ADOPT R-21. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DEFERRING DISCUSSION OF DUPLEX ISSUES, AND REQUESTING THE COMMUNITY DESIGN COMMISSION TO OFFER RECOMMENDATIONS BY SEPTEMBER 27, 2004 (2004-06-30/R-21)

WHEREAS, the Town Council has requested that a Discussion Paper be prepared for Council consideration, offering comments and recommendations on issues related to regulation of duplex dwelling units; and

WHEREAS, the Town Manager has prepared a report for discussion; and

WHEREAS, the Community Design Commission is conducting discussions on this issue for presentation to the Council, but has not completed its work at this time;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council defers discussion of these issues until September 27, 2004.

BE IT FURTHER RESOLVED that the Council requests the Community Design Commission to present the results of its discussions at the Council’s September 27 meeting.

This the 30^th day of June, 2004.

12.1 Chapel Hill Public Arts Commission

Mr. Horton explained that this was a joint recommendation by Town staff and the Public Arts Commission. It would attain the objective of creating a clear connection and making the Commission a component of the Town, he said. Mr. Horton added that the proposal would also keep the Public Arts Commission free and creative and would allow it to continue functioning in the way that it has. Mr. Horton recommended that the Council endorse the idea, adding that funding would come from the Town Attorney's budget.

Mayor Foy noted that this item was in response to a request that the Council had also made. He verified that the Manager would bring back a performance agreement in the fall.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-21.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE CHAPEL HILL PUBLIC ARTS COMMISSION AS A NONPROFIT CORPORATION, AND AUTHORIZING THE TOWN MANAGER TO NEGOTIATE A PERFORMANCE AGREEMENT FOR THE COUNCIL’S CONSIDERATION THAT WOULD ALLOW THE COMMISSION TO MEET ITS OBLIGATIONS, CARRY OUT A WORK PROGRAM APPROVED BY THE COUNCIL, AND COMPLY BOTH WITH INTERNAL REVENUE SERVICE REQUIREMENTS AND GOVERNMENTAL ACCOUNTING STANDARDS (2004-06-30/R-21.1)

WHEREAS, the Town Council adopted resolutions in 1992 and 1998 establishing an endowment for public art and the Chapel Hill Public Arts Commission; and

WHEREAS, the Town Council appoints members of the Public Arts Commission; and

WHEREAS, the Town Council established a program for supporting art in public places;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager and the Chapel Hill Public Arts Commission to take the required steps to establish the Commission as a non-profit corporation, to negotiate a performance agreement for the Council’s consideration that would allow the Commission to meet its obligations, carry out a work program approved by the Council, and comply both with Internal Revenue Service requirements and governmental accounting standards.

This the 30^th day of June, 2004.

Item 13 - Concept Plan: North Carolina Botanical Garden

Council Member Ward asked to be recused from this discussion. He had been a curator at the Botanical Garden for more than 25 years, he explained, adding that he had been fully involved with developing the plan being presented tonight. Council Member Ward asked to be recused during this and any other Council deliberations on the matter in order to remove any appearance of a conflict of interest.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO RECUSE COUNCIL MEMBER WARD FROM ALL CONSIDERATION OF BOTANICAL GARDEN APPLICATIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mr. Waldon reviewed the application and pointed out a section of Laurel Hill Road that the applicant would propose closing.

Botanical Garden Director Peter White reviewed the project, including its state-of-the-art, environmental-designed building that would become the first "platinum" building in North Carolina under the American Green Building Council's certification system. Dr. White described various environmental features, including cisterns, a geothermal heat system, day-lighting, solar water heating, photovoltaic panels, recycled products, and certifiably sustainable harvested wood. He said that materials would come from a 500 mile radius around Chapel Hill and that there would be a stringent recycling program for construction waste. Dr. White explained that the building would demonstrate solutions to sustainable living, and he expressed hope that the Council and community would support the project.

Dr. White stated that the Botanical Garden was particularly interested in Council feedback on the proposal to close Lauren Hill Road Extension to through traffic. He also noted their request for 164 parking spaces, which would be fewer than the Town's Land Use Management Ordinance requires.

Peter Krawchyk, Assistant Director of Facilities Planning at UNC, presented the concept plan, noting the current estimated cost of $7.1 million. He showed the SUP boundary on a map and indicated surrounding neighborhoods. Mr. Krawchyk told Council members that the Botanical Garden had notified property owners well beyond the required distance. He indicated landmarks on an aerial map and showed the Resource Conservation District (RCD) limits from Meeting of the Waters Creek.

Mr. Krawchyk stated the two key elements of the plan were a 29,000 square-foot visitor’s education center and a relocated parking entrance. The project's goal was to set a new standard for environmentally friendly public buildings in North Carolina, he said. Mr. Krawchyk described the inside of the visitor’s education building, listed materials that would be used, and reviewed environmental design features.

Dr. White then explained that the Botanical Garden planned to submit a proposal to close Laurel Hill Road Extension to through traffic from the staff parking entry to the bypass. The Botanical Garden had worked with a committee from the Kings Mill/Morgan Creek neighborhoods for the last two years, he said, explaining that they had explored and identified neighborhood concerns. Dr. White proposed that a bike and pedestrian corridor be built within the existing road corridor and that there be a bike and pedestrian link to Glenwood Elementary School and Glen Lennox through abandoned golf course holes along the bypass.

Dr. White said that the Botanical Garden would supply the land and funds to improve the intersection of Laurel Hill Road and Coker Drive, an area that was of major importance to the neighborhood. They would also provide a right-of-way and advocate for a right turn lane from Manning Drive Extension to the bypass, he said. Dr. White stated that the Botanical Garden would also support the neighborhood in additional improvements, would advocate for a bike and pedestrian crossing at Old Mason Farm Road, and would request a public bus stop.

Dr. White said that the plan would not adversely impact emergency service to the neighborhood. He explained that the Botanical Garden was seeking the closing of Laurel Hill Road, which bisects their property, for increased safety and a "seamless visitor and educational experience." Dr. White spoke about creating a smooth transition "from human gardens to nature's gardens" and proposed that closing Laurel Hill Road would help achieve that. Closing that road would also address a neighborhood concern about the increasing use of this street as a cut-through by northbound motorists trying to bypass the light at Manning Drive, he said.

With regard to closing Laurel Hill Road, Mayor Foy commented that the process the of engaging neighbors and providing a rationale was the right way to proceed.

Council Member Greene remarked that she was a Botanical Garden neighbor and she knew first hand that it had been a good process. Improvements to the three-way intersection were important, she said, noting that the Botanical Garden owns the space on both sides. The area would be much improved by having the Botanical Garden control all of that, said Council Member Greene.

Council Member Hill commented that he had a sentimental attachment to Laurel Hill Road, where he had ridden his bike as a child. But, he said, he and others probably would learn to live with the change. Dr. White pointed out that there still would be a bicycle path there.

Council Member Harrison remarked that the Botanical Garden would, at some point, have to add protected bicycle parking. He asked where the emergency access to the Garden would be. Architect David Swanson indicated emergency fire truck access points on the map.

Council Member Verkerk pointed out that Dr. White had recently won an award of excellence from the National Garden Club, Inc.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-22. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0) WITH COUNCIL MEMBER WARD RECUSED.

A RESOLUTON TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR THE NORTH CAROLINA BOTANICAL GARDEN (2004-06-30/R-22)

WHEREAS, a Concept Plan has been submitted for review by the Council of the Town of Chapel Hill, for the North Carolina Botanical Garden; and

WHEREAS, the Council has heard presentations for the applicant, and citizens; and

WHEREAS, the Council has discussed the proposal, with Council members offering reactions and suggestions;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council transmits comments to the applicant regarding this proposal, as expressed by Council members during discussions on June 30, 2004, and reflected in minutes of that meeting.

This the 30^th day of June, 2004.

Item 14 - Concept Plan: Bradley Green – Residential Development

Mr. Waldon explained that this concept plan had not been reviewed by the Town staff but did include comments from the Community Design Commission. He displayed a site map and an aerial view and explained that the development would be located where the Potted Plant's Growin' Green nursery currently resides. Mr. Waldon displayed a sketch that the applicant had provided showing an eight-lot development and including the points of access.

Calvin Green said that the applicant would improve State Road 1732 at his own expense. He explained that the lot size would be comparable to Chandlers Green, the average house size would be about 3,000 square feet, and the price range would start at about $600,000. Mr. Green stated that one goal was to keep the development in its natural state as much as possible. He asked to hear any objections and/or opinions from the Council.

Doug Schworer reported that the Community Design Commission (CDC) had spent some time formulating its comments to the Council. He said that the eight-lot development on 7.25 acres seemed reasonable to CDC members and was within the density they believe was appropriate for the area. Mr. Schworer stated that the CDC opposed opening up Amesbury Drive, and that they had also requested that Ginger Road be paved.

Area resident Rob Nelson referred to the Amesbury Drive issue and commented that neighbors had expressed concerns about the easement being turned into a walkway. He said that many in the neighborhood had been trying to keep the area consistent with existing land uses. If this private developer brings utilities perhaps a less dense development would be more feasible for the site north of there, Mr. Nelson said.

Mayor Foy asked the applicant if there was a proposal to open Amesbury Drive. Mr. Green replied that it was a stub-out to provide connectivity to adjacent properties. But someone had put a private fence up there, he said, adding that he was not sure that fence was legal.

Mayor Foy verified that Ginger Road was a State road.

Council Member Hill discussed providing water and sewer to the adjoining neighbor.

Council Member Harrison pointed out that OWASA typically requires that and the developer probably would have no choice in the matter.

Council Member Ward inquired about Bradley Drive. Mr. Green replied that they do not currently own that property. But there had been a suggestion to offset that intersection, he said, and they plan to look at that very closely in the future.

Mayor Foy determined that the developer had chosen the position of the stub-out to the Habitat property. Mayor Foy asked about the Duke Power easement with regard to pedestrian usage. Mr. Green replied that there had been concerns expressed about a bike/walk path to the high school. But it had never been the developer's intent to build a path there, he explained. Mayor Foy commented that such a path might be desirable. Mr. Green offered to take a closer look at that.

Council Member Greene asked how they would address the affordable housing or small house ordinance. Mr. Green replied that one house would meet the medium affordable housing criterion.

Council Member Harrison agreed that the developer must "deal with the road that appears to be on two properties, one of which you don't own." He noted that the developer's maps identified Amesbury Drive as Bradley Drive, and suggested that they choose one, probably Amesbury. With regard to the pedestrian path, Council Member Harrison said that it typically was difficult to get a paved path on a Duke Power right-of-way.

Council Member Ward asked for clarification of the Town's rules for affordable housing so that the applicant might know what was expected.

Council Member Greene stated that she remembered that a payment-in-lieu must be done absolutely to the percentage level that the houses can round down to.

Council Member Ward recalled the Council deciding that a fraction would become a unit.

Council Member Kleinschmidt said that he generally liked that idea, especially with larger developments, but that it would be particularly troublesome to do so with this because it would encourage the small house option rather than the 15% Land Trust option, which was preferable. "I wouldn't want to push to two and then have the easy way out be going to small house," Council Member Kleinschmidt said. Council Member Ward replied that he agreed in general but thought there might be a way to have one of the houses affordable and an additional payment-in-lieu.

Mayor Foy remarked that the Council prefers what Mr. Green had proposed to do, which was to build an affordable house. He asked Mr. Green not to be confused by tonight's discussion since what he had proposed to do was the Town's preferable option. Mayor Foy encouraged Mr. Green to talk with the Orange Community Land Trust to facilitate this aspect of the plan.

Acting Town Manager Florentine Miller explained that the staff could not immediately find the information that Council Member Ward had requested. They would do so later and send it to the Council and the applicant, she said.

Council Member Kleinschmidt commented that although there would likely be controversy over connecting the properties he and others did support doing so. He asked that the applicant not hear tonight's comments and then go back and close the development off.

Mayor Foy remarked that Council Member Kleinschmidt had accurately stated the general sentiment of the Council. They favor connectivity wherever it can be done without creating undo hardship, Mayor Foy said.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-23. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR BRADLEY GREEN – RESIDENTIAL DEVELOPMENT (2004-06-30/R-23)

WHEREAS, a Concept Plan has been submitted for review by the Council of the Town of Chapel Hill, for Bradley Green – Residential Development; and

WHEREAS, the Council has heard presentations for the applicant, and citizens; and

WHEREAS, the Council has discussed the proposal, with Council members offering reactions and suggestions;

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council transmits comments to the applicant regarding this proposal, as expressed by Council members during discussions on June 30, 2004, and reflected in minutes of that meeting.

This the 30^th day of June, 2004.

Item 15 - Modification of Membership and Terms of the

Housing and Community Development Advisory Board

COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ENACT O-10.

Council Member Greene, Council liaison to the Board, explained that the Board had decided to have some of its meetings at Public Housing sites. And, sure enough, a resident asked to sign up, she said.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING SECTION 2-161 OF THE TOWN CODE OF ORDINANCES REGARDING MEMBERSHIP AND TERMS OF THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD (2004-06-30/O-10)

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

Section 1. Section 2-161. Membership, terms. Article XI., Chapter 2 of the Town Code, is hereby amended by adding a new paragraph to read as follows:

If a seat designated for a resident of public housing remains vacant after one year of recruitment efforts, the seat shall be filled by an at-large Chapel Hill applicant. If this occurs, any future at-large vacancy shall be filled by a resident of public housing, providing there is an application from a public housing resident on file with the Town Clerk and the Council votes to make the appointment, until such time as three seats on the Board are held by public housing residents.

Section 2. This ordinance shall become effective upon enactment.

This the 30^th day of June, 2004.

Item 16 - Appointments:

a. Bicycle and Pedestrian Advisory Board. The Council appointed Brian Decker to the Bicycle and Pedestrian Advisory Board.

Council Members

Bicycle and Pedestrian Advisory Board

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Brian Decker

Other

b. Horace Williams Citizens Committee. The Council appointed Rudy Juliano to the Horace Williams Citizens Committee.

Council Members

Horace Williams Citizens Committee

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Paul Jansen

Rudy Juliano

Stephen Manton

Ed Neely

c. Housing and Community Development Advisory Board. The Council appointed Richard Loeber, Carl Martin, Melody Peek, Carol Siebert , and Elizabeth Welsby to the Housing and Community Development Advisory Board.

Council Members

Housing and Community Development Advisory Board

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Bobby Clapp

Richard Loeber

Carl Martin

Gordon Merklein

Melody Peak (PH Resident)

Matthew Scheer

Carol Siebert

Jaclyn Taaffe

Shawn Thompson

Elizabeth Welsby

Karen Whichard

d. Orange Water and Sewer Authority Board of Directors. The Council appointed Randy Kabrick, Penny Rich, and Judy Weseman to the Orange Water and Sewer Authority Board of Directors.

Council Members

Orange Water and Sewer Authority Board of Directors

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Philip Berke

Bobby Clapp

Floyd Fried

Randy Kabrick

William Kaiser

Karin Kheireddine

Bernard Law

Carol Martin

Gordon Merklein

Penny Rich

Judy Weseman

e. Technology Committee. The Council appointed Aris Buinevicius, Karim Kheireddine, Uzoma Nwosu, Steve Irving, Evelyn Daniel, Brandon Perkins, and Gregg Gerdau to the Technology Committee.

Council Members

Technology Committee

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Aris Buinevicius

Evelyn Daniel

Gregg Gerdau

Steve Irving

Karin Kheireddine

Uzoma Nwosu

Brandon Perkins

Item 17 - Petitions:

Council Member Hill, noting that a copy of a draft resolution has been placed at each Council members places, petitioned the Council to adopt the draft resolution that would ask the OWASA Board of Directors to consider establishing a percent for art program similar to the one that Chapel Hill adopted.

Mayor Foy agreed that this was a good idea.

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER STROM, A RESOLUTION ASKING THE OWASA BOARD OF DIRECTORS TO CONSIDER ESTABLISHING A "PERCENT FOR ART" PROGRAM SIMILAR TO THAT WHICH THE TOWN HAS ESTABLISHED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING THE ORANGE WATER AND SEWER AUTHORITY BOARD OF DIRECTORS TO CONSIDER ESTABLISHING A PERCENT FOR PUBLIC ART POLICY (2004-06-30/R-24)

WHEREAS, the Comprehensive Plan of the Town of Chapel Hill includes public art as part of the section on Community Character; and

WHEREAS, the Council of the Town of Chapel Hill established a Percent for Public Art Program:

· to help define the community’s identity and sense of place,

· to promote social interaction and discourse,

· to bring the arts into everyday life and

· to memorialize the past while expressing shared values for the future; and

WHEREAS, the program objective of the Percent for Public Art Program is to provide art accessible to the public and to the users of Town buildings and parks, for the improvement of the quality of life in Chapel Hill; and

WHEREAS, the Town Council meets at least annually to consider a Public Art Plan recommended by the Public Arts Commission which includes those capital projects which should include 1% of their project budgets for public art; and

WHEREAS, 1% of the annual Capital Improvements Program is considered by the Council for reservation for public art; and

WHEREAS, the Orange Water and Sewer Authority's (OWASA) is the public, nonprofit water and sewer utility serving the Chapel Hill, Carrboro and southern Orange community; and

WHEREAS, one of OWASA’s values is to manage their responsibilities in a manner consistent and compatible with the adopted growth management policies and land use plans of the Town of Chapel Hill; and

WHEREAS, on June 10, 2004, the OWASA Board of Directors adopted a budget for the service year from July 1, 2004 to June 30, 2005 which included a capital improvement budget of 27.2 million dollars;

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

· The Council requests the OWASA Board of Directors consider establishing a Percent for Public Art policy similar to the policy established by the Council;

· The Council offers advice an assistance of Town staff as may be desired by OWASA; and

· The Council recognizes and respects the interests of the Town of Carrboro and Orange County in all OWASA matters and understands that OWASA will need to consult with them regarding a Percent for Public Art Program.

BE IT FURTHER RESOLVED that the Council requests the OWASA Board of Directors report its considerations and any action taken to the Council.

This the 30^th day of June, 2004.

The meeting was adjourned at 10:41 p.m.