ATTACHMENT 2

Item 7—Walks and Bikeways Commission

Town Manager Cal Horton recommended that the Council adopt Ordinance 6, amending the Town Code to create a ten-member Walks and Bikeways Commission to develop a system of bikeways and walkways designed to contribute to Town-wide mobility, encourage commuter cycling, and support recreational bike use throughout Town.

Chris van Hasselt, a Carrboro resident who was a member of the Bicycle Task Force, stated that he had no quarrel with membership being raised from seven to ten, but wanted to urge the Council to include people from Carrboro, Orange County and the University on the Commission.  

Seth Elliott, owner of Peddlers Express, a local bicycle courier business, said that he disagreed with the often stated notion that Chapel Hill and Carrboro already were bicycle friendly.  He argued that the two towns were merely “bicycle-tolerant,” noting that having lots of bicycles in Town did not make it bicycle friendly.  Mr. Elliott urged the Council to vote for Ordinance 6, including the proposed amendment requested by Chris van Hasselt.

Andrew Pearson praised the Town’s efforts to create walkways and bikeways, adding that failing to plan ahead would permit more highways and subsequent fragmentation of the Town.  He pointed out that the ordinance would augment this type of community where many people live and work in neighborhoods close to their homes.  Mr. Pearson mentioned that people who ride bikes tend to spend their money in the community, and pointed out that Ordinance 6 would benefit children, senior citizens, low-income people, and students.  He agreed that it was important to give Carrboro a voice on the Commission and expressed enthusiasm for being able to do more than just rally on weekends regarding this issue.

Council Member Evans proposed an amendment that one of the representatives be from Carrboro and one from Orange County. 

Mayor Waldorf asked if the motion was for the Council or for the Carrboro Aldermen and County Commissioners to make the appointments.  Council Member Evans replied that the Council would make the appointments. 

Council Member Foy suggested having two people from Carrboro and one from Orange County.  Council Member Evans agreed. 

Mayor pro tem Capowski stated that there should be someone from facilities management at the University as well because UNC was the primary bicycling target. 

Council Member Evans asked if Mayor pro tem Capowski wished to proposed that as an addition.  Mayor pro tem Capowski answered yes.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT ORDINANCE 6, AS AMENDED, TO INCLUDE TWO COMMISSION MEMBERS FROM CARRBORO, ONE FROM ORANGE COUNTY AND ONE WHO WAS INVOLVED WITH FACILITIES MANAGEMENT AT THE UNIVERSITY.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).    

AN ORDINANCE CREATING THE WALKS AND BIKEWAYS COMMISSION(99-2-8/O-6)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposal to create the Walks and Bikeways Commission; and

WHEREAS, the Town of Chapel Hill has a Comprehensive Plan objective of developing and maintaining a system of bikeways designed to contribute to Town-wide mobility, encourage commuter cycling and support recreational bicycle use; and

WHEREAS, an additional Comprehensive Plan objective is to encourage pedestrian movement throughout the Town by providing a convenient and safe pedestrian system within neighborhoods and activity centers that link these uses to one another and support the entire transportation system;

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

Section 1.  A new Article XII is hereby added to Chapter 2 of the Town Code as follows:

“Article XII. WALKS AND BIKEWAYS COMMISSION.

Sec. 2-170.  Created; named.

      A walks and bikeways commission is hereby created for the Town of Chapel Hill.

Sec. 2-171.  Membership, terms.

      The walks and bikeways commission shall consist of ten (10) members appointed as hereinafter provided.  The Town Council shall appoint two (2) representatives from the Town of Carrboro and one (1) representative from Orange County to be members of the commission.  The University shall appoint one (1) representative from their bicycle management to be a member of the commission.  The terms of office shall be three (3) years, or until their successors are appointed and qualified, except that the initial terms of members first appointed shall be as follows:  three (3) members shall be appointed for a period of one (1) year, three (3) members shall be appointed for a period of two (2) years, and four (4) members shall be appointed for a period of three (3) years.  Members may be reappointed to succeed themselves.  The terms of all members shall expire on the 30^th day of June following the end of the final year of their terms. 

Sec. 2-172.  Appointment, vacancies.

      The members shall be appointed and vacancies filled as prescribed in Section 11.D-2 of the Council’s Procedures Manual. 

Sec. 2-173.  Meetings, chairperson.

      The walks and bikeways commission shall regularly hold meetings at such time and places as it shall determine.  It shall annually elect one (1) member to serve as chairperson and to preside over its meetings.  The commission may create and fill such other offices and committees as it may deem necessary.  All meetings of the commission shall be open to the public in accord with the Open Meetings Law of North Carolina, and reasonable notice of the time and place thereof shall be given to the public in accord with Chapter 143, Article 33C of the N.C. General Statutes.  The commission shall keep a record of its meetings; including attendance of its members; its resolutions, findings, recommendations and actions.  A quorum of the commission, necessary to take any official action, shall consist of five (5) members.  The concurring vote of a simple majority of those members present shall be necessary to take any official action.

Sec. 2-174.  Duties and powers.

      The walks and bikeways commission shall have the following powers and duties:

a) a) Advise the Council regarding the creation, development, and revision of a phased Walks and Bikeways Master Plan.

b) b) Set priorities for new facilities or enhancement of existing routes in the Walks and Bikeways Master Plan.

c) c) Identify and prioritize critical gaps in facilities; advise which critical gaps require Town action.

d) d) Review project designs related to proposed bicycle and pedestrian improvements, including review of new proposals for subdivision or development of land or improvements to existing subdivisions and developments, and recommend qualitative enhancements, following criteria established by the commission.

e) e) Recommend walk and bikeway priorities for local, State, and federal, projects.

f) f) Assist in identifying alternative funding sources for walks and bikeways projects.

g) g) Review town ordinances with respect to pedestrian and bicycle requirements and recommend enhancements or changes.

h) h) Review State and regional policies pertaining to pedestrian and bicycle facilities and recommend changes that fit local community needs.

i) i) Report annually to the Council regarding walk and bikeway system needs and priorities for consideration during capital improvements program and budget deliberations.

j) j) Promote walking and biking as alternate modes of transportation, with emphasis on educating school age children on safe, effective bicycling and walking.

k) k) Advocate services for bike-commuters, such as showers, changing areas and secure bicycle parking facilities.

l) l) Work with regional organizations to coordinate regional bikeway linkages.

m) m) Work with other Town advisory boards to coordinate walks and bikeways planning.”

Section 2.  That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 8^th day of February 1999.