SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, SEPTEMBER 13, 1999, AT 7:00 PM.

Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.

Council Members present were: Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavão, and Edith Wiggins.

Staff members present were: Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Traffic Engineer David Brown, Police Major Gregg Jarvies, Engineering Director George Small, Planning Director Roger Waldon, Transportation Director Bob Godding, Library Director Kathy Thompson, Parks and Recreation Director Kathryn Spatz, Parks and Recreation Administrative Analyst Bill Webster, Solid Waste Administrator Gayle Wilson, Long Range Planning Coordinator Chris Brendt, and Town Clerk Joyce Smith.

Item 1 — Ceremonies (None)

Item 2 — Public Forum on Proposed Traffic Management Project for Pinehurst Drive

David Brown, Traffic Engineer, explained that the public hearing was the result of a petition submitted to the Council on June 27 by representatives of The Oaks Homeowners Association regarding traffic calming devices along Pinehurst Drive. He noted that the petition proposed installing five traffic islands at various locations at the intersection of Ephesus Church Road and Treetop Place and a traffic circle at the intersection of Pinehurst and Lancaster Drives.

Mr. Brown stated that the Homeowners Association also had proposed putting speed tables between the intersection of Lancaster and Burning Tree as well as between Burning Tree and the connection into Meadowmont. He explained that the resolution adopted by the Council in July 1998 required that a plan to implement such devices be subject to public input and technical review. Mr. Brown said it should also address the ability of private funding, including a previously pledged sum of $75,000 from Roger Perry, the Meadowmont developer.

Mr. Brown explained that some existing pavement would be removed to permit landscaping. He pointed out that the Town could pay for minimum maintenance of landscaping but did not have the resources to do watering, pruning or replanting. Mr. Brown said that the Town’s preliminary review determined that the devices would be generally acceptable for these locations, but would be subject to further technical review. He explained that after the public hearing, staff would prepare a report and recommendations for the Council’s consideration at its September 27, 1999 meeting.

Susan Franklin stated that developer Roger Perry had agreed in a settlement with the Association to provide funds for traffic calming devices and for building a traffic circle to the dimension that would be allowed. She said that the Association had reviewed and determined that a traffic island would best meet the interests and safety measures of the Pinehurst communities, adding that the exact placement of the island would be determined in cooperation with the Town.

Ms. Franklin remarked that although the neighborhood had proposed a plan for the traffic circle, it would be amenable to making the circle slightly smaller if the radius was deemed too tight. She also suggested as an alternative, reconfiguring the curb to accommodate a turning fire engine and/or other emergency vehicle. Ms. Franklin noted that the funds for this traffic calming plan were separate from the $75,000 that the neighborhood had negotiated with Roger Perry. She explained that the $75,000 had been put into an account for traffic calming devices for the entire area, including surrounding neighborhoods.

Ms. Franklin said that the Association was not aware of any objections from surrounding neighborhoods, adding that they had sent notices to Oaks I, Oaks II, Little Creek, and Oaks III, and knew of no opposition except from a few who were concerned about the radius of the traffic circle.

Barbara Chakan, speaking on behalf of bikers and roller bladers who use Pinehurst, Cleland and Burning Tree, requested that the speed bumps be long and smooth and not on hills so that roller bladers would not be injured by them.

Ken Robinson spoke in favor of the traffic calming devices, particularly the divider at Pinehurst Drive and Ephesus Church Road, which he described as an extremely dangerous intersection. He recommended that the level area between the speed undulations be increased to twenty feet so that buses would have all wheels at the same level.

Council Member Evans asked Mr. Brown whether Pinehurst Drive would have to be widened where planters would be installed. Mr. Brown replied that it would not.

Council Member McClintock commented that there might be tension between the ideal engineering standard and the more qualitative standard, such as the Town’s desire to calm traffic. She encouraged the staff to accept the plans that had been submitted and to keep an “open mind,” and perhaps not going with the optimum turning radius for a fire truck.

Council Member Foy asked if changes recommended tonight would have to go back to the Homeowners Association before coming back to the Council. Mr. Brown replied that, based on the comments just received, the staff probably could come back to the Council on September 27th without substantially changing anything presented by the Association.

Mayor pro tem Capowski encouraged Mr. Brown to pay attention to the needs of the roller bladers, bicyclists, and all others using alternative transportation.

Council Member Wiggins asked if it would be possible for the staff to reassure people who live near the circle that the need for emergency vehicles to maneuver the area would not be compromised for the sake of aesthetics. Mr. Brown agreed to work with the neighbors on this. Mr. Horton stated that the staff would communicate directly with individuals who had expressed concerns if Council Members would provide the staff with those names. Council Member Wiggins agreed to do so.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE ITEM TO THE STAFF, WITH COMMENTS FROM THE CITIZENS AND THE COUNCIL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 — Petitions by Citizens and Announcements by Council Members

a. Petitions by Citizens

(1) By Tom Ogle Regarding Development off Jay Street

Mr. Ogle, speaking on behalf of Village West, presented a petition regarding the placement of water lines to A.M. Properties behind Village West. He said that Mr. Rogers, of A.M. Properties, had submitted a plan to OWASA for placing a water line down an existing right-of-way located about eighteen inches off the side porch of 75 Fernwood Lane. Mr. Ogle argued that placement there would destroy several large trees and azaleas.

Mr. Ogle explained that OWASA had proposed an alternative that would bring the waterline off an existing line on Bluff Trail in the Village West subdivision. Acknowledging that this plan would be “far less destructive and intrusive,” He pointed out that it still would require removal of some vegetation and would disrupt the parking and other areas. Mr. Ogle stated that Village West was therefore petitioning the Council to run the waterway up the existing gravel driveway off Jay Street, which is a publicly maintained Town road on Town property. He added that doing so would be less disruptive.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE PETITION TO THE MANAGER.

Council Member McClintock asked the Manager if the issue was time sensitive. Mr. Horton replied that he was not aware of that, but added that if it did become time sensitive the Town would act correspondingly.

Council Member McClintock asked when the Council would coordinate this with OWASA. Mr. Horton replied that it would be easier if the Town conferred with OWASA as part of its consideration and brought that information to the Council in a report on September 27th.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

(2) By Ken Robinson, Transportation Board, Regarding Evaluation of Pedestrian and Bicycle Issues

Mayor Waldorf summarized Mr. Robinson’s petition, which asked whether the Transportation Board should continue to review bikeway and pedestrian issues with regard to development approval since the newly-created Walks and Bikeways Commission had also been charged with doing so. Mr. Robinson asked whether they should continue to duplicate efforts or make some changes.

Council Member McClintock replied that both boards should continue to do address the issue. Mr. Robinson emphasized that the Transportation Board had wanted to continue doing so, but merely needed clarification of whether there should be any division of responsibility between the two boards.

Mayor pro tem Capowski recommended that the Transportation Board continue to review pedestrian issues because in many cases they were intertwined with car traffic issues.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT THE TRANSPORTATION BOARD CONTINUE TO CONSIDER BIKEWAY AND PEDESTRIAN ISSUES IN THEIR DELIBERATIONS AND NOT CHANGE ANY OF THEIR PROCEDURES IN THAT REGARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

(3) By James Smith, Representing University Mall

COUNCIL MEMBER PAVÃO MOVED TO REFER THIS PETITION FOR EXPEDITED REVIEW OF THE APPROVAL PROCESS FOR IMPROVEMENTS TO UNIVERSITY MALL TO THE STAFF FOR A REPORT TO COME BACK ON SEPTEMBER 27, 1999.

Council Member Brown also requested a report on what would happen to the proposals that already were being worked on. Mr. Horton agreed to provide that.

Council Member McClintock thanked the Council Members who had worked with the developer on this project, and complimented the proactive work that matched developer and Town needs.

Council Member Pavão remarked that both sides had gone to the table with a wish list and had arrived at good decisions.

THE MOTION WAS SECONDED BY COUNCIL MEMBER EVANS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

b. Announcements by Council Members (None)

Item 4 — Consent Agenda

4m. Critical Mass

James Coley urged the Council to consent to the recommendation that bicyclists ride abreast. He argued that this improves safety by increasing visibility of the cyclist. Mr. Coley noted that the Chapel Hill/Carrboro Critical Mass group is not an organization but merely a group of whoever shows up on a bike at five o’clock on the last Sunday of the month at the Planetarium sundial. He invited the Council and staff to participate, and urged them to accept the Manager’s recommendation. Mr. Coley remarked that cyclists provide a service when they slow traffic on Franklin Street, but added that he hoped no one else participating in Critical Mass would run afoul of the law.

Council Member Bateman removed item 4f from the Consent Agenda.

Council Member McClintock removed item 4k from the Consent Agenda.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1, WITH ITEMS 4f and 4k DELETED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(99-9-13/R-1)

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

a.	Bid award for the purchase of small buses. (R-2).
b.	Ordinance amending the Traffic Code to allow interurban buses at specific locations in the Town Center. (O-1).
c.	Annual budget amendment to reappropriate funds for prior year encumbrances and obligations. (O-2).
d.	Ordinance establishing project ordinance to accept Police Domestic Violence Grant. (O-3) (R-3).
e.	Resolution and budget ordinance amendment pledging funds towards the Institute of Government’s capital campaign. (R-4) (O-4).
g.	Resolution authorizing change order for Kingston Drive sidewalk project. (R-5).
h.	Resolution authorizing the Manager to execute an agreement with the N.C. Department of Transportation for biennial bridge inspections. (R-6).
i.	Resolution approving the Performance and Evaluation reports for the Comprehensive Grant Program. (R-7).
j.	Ordinance approving second mortgage loan from Housing Loan Trust Fund. (O-6) (R-7.1)

l.	Resolution authorizing the Manager to execute agreement with North Carolina Department of Transportation for Lower Booker Creek Trail project. (R-8.1).
m.	Report on critical mass demonstrations and ordinance amending Town Code to delete provision requiring bicyclists to ride single file (O-6.1).

This the 23^rd day of August, 1999.

A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF THREE (3) ADVANCED DESIGN TRANSIT COACHES (99-9-13/R-2)

WHEREAS, the Council of the Town of Chapel Hill has solicited formal bids by legal notice on April 20,1997,in accordance with G.S. 143-129 for the purchase of three (3) advanced design transit coaches; and

WHEREAS, the following bids have been received and opened on August 24, 1999.

Item	Bid #1	Bid #2
Base Award	CHAMPION	NATIONAL
2 (Two) Advanced Design Transit Coaches	$240,976.00	$277,980.00
Option
1 (One) Additional Advanced Design Transit Coach	$120,488.00	$138,990.00
Delivery Charges	Included in base price	Included in base price
Bid Total	$361,464.00	$416,970.00
GRAND TOTAL (Basis of Award)	$361,464.00	$416,970.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a contract for the purchase of three (3) advanced design transit coaches, in an amount of $361,464.00 be awarded to Champion Bus, Incorporated.

This the 13^th day of September, 1999.

AN ORDINANCE AMENDING SECTION 21-7 OF THE TRAFFIC CODE REGARDING PASSENGER-CARRYING BUSES (99-9-13/O-1)

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

Section 1. Section 21-7 of the Town Code is hereby revised to read as follows:

“Sec.21-7. Passenger-carrying Buses.

It shall be unlawful for any passenger-carrying bus, providing transportation services to the public within the town to stop within the town limits to serve bus passengers, except at such points as may be designated by resolutions of the council. Such points or places shall be clearly marked by suitable signs or marking painted on the curbstone indicating a bus stop, said signs to be placed and maintained at the cost and expense of the bus operator. Buses using said areas shall stop within twelve (12) inches of the curb on the right-hand side. It shall be unlawful for any other vehicle to park in any bus stop, so designated. Operators of all buses providing public transportation service at any such stop, other than those buses operated by the Town, must receive permission in writing from the Town Manager or the Manager’s designee prior to providing such service.

Section 2. This ordinance shall become effective September 14, 1999.

This the 13^th day of September, 1999.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999” (99-9-13/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, 1999" as duly adopted on June 14, 1999 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Mayor/Council 188,952 7,926 196,878

Town Manager 834,756 55,093 889,849

Personnel 575,482 7,173 582,655

Current Revised

Budget Increase Decrease Budget

Finance 1,029,161 82,290 1,111,451

Legal 224,194 1,570 225,764

Planning 950,604 45,189 995,793

Inspections 473,784 45 473,829

Engineering 875,385 26,354 901,739

Public Works 8,601,152 170,096 8,771,248

Police 7,374,635 301,913 7,676,548

Fire 3,485,489 15,714 3,501,203

Parks & Rec. 1,809,841 52,542 1,862,383

Library 1,631,721 36,651 1,668,372

Non-Dept. 3,714,844 102,374 3,817,218

TOTALS 31,770,000 904,930 32,674,930

PUBLIC HOUSING FUND 1,405,619 84,774 1,490,393

LANDFILL FUND 5,756,789 499,922 6,256,711

ON-STREET PARKING

FUND 543,000 5,063 548,063

OFF-STREET

PARKING FUND 1,019,640 2,000 1,021,640

TRANSPORTATION FUND 6,251,486 32,292 6,283,778

CAPITAL

IMPROVEMENTS FUND 1,269,251 300,805 1,570,056

HOUSING LOAN

TRUST FUND 139,146 35,467 174,613

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 860,000 751,630 1,611,630

Grants 592,000 153,300 745,300

Current Revised

Budget Increase Decrease Budget

PUBLIC HOUSING FUND

Fund Balance 134,459 84,774 219,233

LANDFILL FUND

Fund Balance 558,895 499,922 1,058,817

ON-STREET PARKING FUND

Fund Balance 0 5,063 5,063

OFF-STREET PARKING FUND

Fund Balance 0 2,000 2,000

TRANSPORTATION FUND

Fund Balance 320,728 32,292 353,020

CAPITAL IMPROVEMENTS

FUND

Fund Balance 764,000 300,805 1,064,005

Grants 0 800 800

HOUSING LOAN TRUST FUND

Fund Balance 122,146 35,467 157,613

This the 13^th day of September, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (99-9-13/O-3)

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, 1999” as duly adopted on June 14, 1999, be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Police 7,676,548 36,184 7,712,732

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Grants 745,300 36,184 781,484

This the 13^th day of September, 1999.

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF DOMESTIC VIOLENCE RESPONSE TEAM GRANT FUNDS FROM THE GOVERNOR’S CRIME COMMISSION (99-9-13/R-3)

WHEREAS, the Governor’s Crime Commission has made funds available to pay for domestic violence prevention initiatives; and

WHEREAS, it is in the interest of the Town of Chapel Hill to provide quality law enforcement and policing services to its citizens; and

WHEREAS, the Chapel Hill Police Department has established a Domestic Violence Response Team project that has successfully completed the first year of operation; and

WHEREAS, the Town’s application for grant funds in the amount of $36,184 has been approved by the Governor’s Crime Commission;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the Domestic Violence Response Team grant funds from the Governor’s Crime Commission.

This the 13^th day of September, 1999.

A RESOLUTION APPROVING A THREE YEAR PLEDGE TO THE INSTITUTE OF GOVERNMENT’S CAPITAL CAMPAIGN (99-9-13/R-4)

WHEREAS, the Institute of Government provides regular support to local government in North Carolina, including the Town of Chapel Hill, and;

WHEREAS, the Institute of Government building improvements will allow for expansion and improvement of services;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a pledge of $3,512 to the Institute of Government’s capital campaign to be paid over a three year period.

This the 13^th day of September, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (99-9-13/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1999” as duly adopted on June14, 1999, be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Non-Departmental

Contingency 45,579 1,712 43,867

Mayor/Council 196,878 1,712 198,590

This the 13^th day of September, 1999.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CHANGE ORDER IN THE AMOUNT OF $2,881 FOR DRAINAGE AND EARTHWORK IMPROVEMENTS ASSOCIATED WITH THE KINGSTON DRIVE SIDEWALK IMPROVEMENT PROJECT (99-9-13/R-5)

WHEREAS, a project to construct sidewalk along the north side of Kingston Drive has been completed; and

WHEREAS, final quantities of work and materials have been tabulated; and

WHEREAS, we have tabulated the additional costs which amount to $2,881;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a final balancing change order in the amount of $2,881 for White Oak Construction Corporation regarding the Kinston Drive Sidewalk Project.

This is the 13^th day of September, 1999.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR BRIDGE INSPECTIONS (99-9-13/R-6)

WHEREAS, the Town of Chapel Hill has requested the North Carolina Department of Transportation to perform certain work under the Federal Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the inspection and analysis of all public bridges on the Municipal Street System in the Town of Chapel Hill; and

WHEREAS, the Town of Chapel Hill proposes to enter into an agreement with North Carolina Department of Transportation for said work wherein the Department of Transportation will inspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with National Bridge Inspection Standards; and

WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80%) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and

WHEREAS, under the proposed agreement the Town of Chapel Hill shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Municipal Agreement between the Town of Chapel Hill and the North Carolina Department of Transportation for bridge inspections as described herein.

This the 13^th day of September, 1999.

A RESOLUTION APPROVING PERFORMANCE AND EVALUATION REPORTS FOR GRANT YEARS 1994, 1995, 1996, 1997, AND 1998 (99-9-13/R-7)

WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Performance and Evaluation Report for Comprehensive Grant Program Annual statements where funds are being expended; and

WHEREAS, the U.S. Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve the Performance and Evaluation Reports;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the Performance and Evaluation Reports submitted to the Council on September 13, 1999, and authorizes the Manager to submit them to the U. S. Department of Housing and Urban Development.

This the 13^th day of September, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999” (99-9-13/O-6)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

HOUSING LOAN 174,613 25,000 199,613

TRUST FUND

ARTICLE II

Current Revised

REVENUE Budget Increase Decrease Budget

Fund Balance 157,613 25,000 182,613

This the 13^th day of September, 1999.

A RESOLUTION AUTHORIZING USE OF $25,000 FROM THE HOUSING LOAN TRUST FUND FOR A SECOND MORTGAGE (99-9-13/R-7.1)

WHEREAS, $25,000 of Community Development funds were used for an activity that is not eligible under the regulations of the federal Community Development program; and

WHEREAS, the U.S. Department of Housing and Urban Development is requiring the Town to repay these funds to the Community Development program;

WHEREAS, funds are available in the Town’s Housing Loan Trust Fund to repay this expense;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes use of $25,000 from the Housing Loan Trust Fund for a second mortgage.

BE IT FURTHER RESOLVED that the funds from the Housing Loan Trust Fund will be returned to the Community Development Neighborhood Revitalization program activity.

This the 13^th day of September, 1999.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH NCDOT FOR CONSTRUCTION OF PHASE II OF THE LOWER BOOKER CREEK TRAIL PROJECT (99-9-13/R-8.1)

WHEREAS, the North Carolina Department of Transportation and the Town have agreed to participate in the construction of a 0.9 mile long, 10-foot wide asphalt and concrete multi-use path from East Franklin Street to Booker Creek Road (Phase II of the Booker Creek Trail) in the Town of Chapel Hill; and

WHEREAS, the Town shall be responsible for the preparation of the environmental document and project plans, acquisition of any required right-of-way, relocation of all utilities, construction of the project, and maintenance upon completion of the project; and

WHEREAS, the North Carolina Department of Transportation agrees to reimburse the Town a lump sum amount of $300,000 toward the construction cost of the project, with reimbursement to the Town made in one lump sum payment upon completion and acceptance of the project by the North Carolina Department of Transportation, and up to $56,000 from the Durham-Chapel Hill-Carrboro Direct Attributable Funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that project E-3807 in Orange/Durham Counties is hereby formally approved by the Council and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation.

This the 13^th day of September, 1999.

AN ORDINANCE AMENDING SECTION 21-43 OF THE CODE OF ORDINANCES REGARDING RIDING BICYCLES SINGLE FILE (99-9-13/O-6.1)

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

Section 1. Subparagraph (d) of Section 21-43 of the Town Code is hereby revised to read as follows:

“(d) Persons riding bicycles upon a sidewalk or bikeway shall ride single file except when passing another bicycle.

Section 2. This ordinance shall become effective upon adoption.

This the 13^th day of September, 1999.

Noting that the Council often approves the Consent Agenda without comment, Mayor Waldorf explained to the audience that the Council, in this case, was approving receiving $740,000 in grant money from State and federal agencies. She pointed out that this was a compliment to the work of the Town staff.

Item 5 — Information Reports

Council Member Brown removed items 5a and 5e.

Dan VanderMeer, an Environmental Public Health expert, stressing that he was not a critic of the University, stated that the community had a right to know what the magnitude of the potential threat of the University’s proposed laboratory might be, and made three recommendations. He said that first, the Council should find out what the University’s intentions were, since they had been unclear. Mr. VanderMeer said that if the University intended to establish a regional research laboratory in merging infectious diseases and bioterrorism, the Council and the rest of the community had a right to know what those plans were.

Mr. VanderMeer said that second, there should be someone on the committee that oversaw existing laboratories who understood infectious diseases or threats of bioterrorism using chemical, physical and biological agents. Mr. VanderMeer stated that he had the greatest respect for Town Manager Cal Horton and OWASA’s Ed Holland, the two who presently served on that committee, but pointed out that neither of those men had a biomedical or public health background sufficient to evaluate the community threat.

Third, Mr. VanderMeer explained, the Center for Disease Control (CDC) had an underpinning concept with respect to preparing communities to respond adequately to threats of bioterrorism
and emerging infectious diseases. He said that one of the fundamental concepts was full community participation in that activity. Mr. VanderMeer added that since it was unclear what the University intended it might or might not be appropriate to have community participation the planning.

Council Member McClintock asked if the Council would consider appointing someone with the expertise that Mr. VanderMeer had described to represent the Town at these meetings. Mr. Horton noted that he had been appointed to serve on the Committee by the Chancellor and added that the Chancellor might agree to appoint a community representative.

COUNCIL MEMBER BROWN MOVED TO SEND THE REPORT BACK TO THE MANAGER WITH A REQUEST TO ASK THE CHANCELLOR TO HAVE THE COUNCIL APPOINT A COMMUNITY REPRESENTATIVE WITH EXPERTISE, AS WELL AS A CITIZEN FROM THE NEIGHBORHOOD, TO SERVE ON THE INSTITUTIONAL BIOSAFETY COMMITTEE. SECONDED BY COUNCIL MEMBER FOY.

Council Member Foy said that the request should cite the CDC ground rules. Mr. Horton noted that this kind of communication ordinarily would come from the Mayor.

Mayor Waldorf agreed to write a letter asking the Chancellor to consider these appointments.

Council Member Brown asked Mr. VanderMeer if he had had any conversations one-on-one with Dean Roper. Mr. VanderMeer replied that he had offered his assistance via E-mail and that Dean Roper had replied that he would be most useful as a member of the concerned community.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 6 — Nominations and Appointments

a. Nominations (None)

b Appointments

(1) To the Homestead Park Aquatics Facility and Conceptual Plan Committee

Council Member McClintock asked if the number of appointments from adjacent neighborhoods could be expanded because there were so many good applicants. Mayor Waldorf replied that the Council had approved a specific number, and recommended staying with that approved charge. She reminded the Council that she had had spoken with the Chair of the Parks and Recreation Commission, who also had been impressed by the applicants and who planned to have meetings including those who had not been appointed. Mayor Waldorf noted that there would be many opportunities for neighborhood involvement, adding that a twelve person working committee was better than one with twenty members.

Council Member Evans agreed, pointing out that they had to stop somewhere.

Homestead Park Aquatics Facility and Conceptual

Plan Committee

Council Members

Waldorf

Bateman

Brown

Capowski

Evans

Foy

McClintock

Pavão

Wiggins

TOTAL

Applicants

Adjacent Neighbors

Joe Agusta

Lew Borman

Judith Cameron

George Casimir

Paul Hoffman

–

Jennifer Jansen

Mary McCarthy

Cherie Page

Dwight Smith

–

Richard Valenti

Rob Wilson

At-large Citizens

Belinda Caldwell

Dan Murphy

Don Shea

* Adjacent neighborhood representatives.

The Council appointed Cherie Page, Richard Valenti and Rob Wilson as adjacent neighborhood representatives and Belinda Caldwell, Judith Cameron, Mary McCarthy, Dan Murphy and Don Shea as at-large representatives to the Homestead Park Aquatics Facility and Conceptual Plan Committee.

(2) To the Pritchard Park Conceptual Plan Committee

Pritchard Park Conceptual Plan Committee

Council Members

Waldorf

Bateman

Brown

Capowski

Evans

Foy

McClintock

Pavão

Wiggins

TOTAL

Applicants

John Carroll

Stephen Cunningham

–

Ruth Eddy

Genevieve Jansen

William Koch

Andrew Krichman

Debbie Morris

The Council appointed John Carroll, William Koch, Andrew Krichman and Debbie Morris to the Pritchard Park Conceptual Plan Committee.

(3) To the Human Services Advisory Board

Human Services Advisory Board

Council Members

Applicants

Waldorf

Bateman

Brown

Capowski

Evans

Foy

McClintock

Pavão

Wiggins

TOTAL

Lew Borman

Bryan Lange

Dorcas Roberson

The Council appointed Lew Borman and Bryan Lange to the Human Services Advisory Board.

c. Designation of Delegates and Alternate Delegates to the N. C. League of Municipalities Annual Meeting and the National League of Cities Meeting

Mayor Waldorf asked who would be attending the meeting in Los Angeles. Council Members Brown, Pavão and Wiggins replied that they would attend.

Council Member Brown agreed to be the voting delegate to the National League of Cities meeting, with Council Member Pavão as the alternate.

Council Member Foy said that he planned to attend the League of Municipalities meeting on Sunday and Monday.

Mayor pro tem Capowski said that he would attend on Monday.

Council Member Foy agreed to be the delegate, with Mayor pro tem Capowski as the alternate.

COUNCIL MEMBERS AGREED BY CONSENSUS TO ADOPT RESOLUTION 9, DESIGNATING THAT COUNCIL MEMBER BROWN WOULD BE THE DELEGATE TO THE NATIONAL LEAGUE OF CITIES MEETING, WITH COUNCIL MEMBER PAVÃO AS THE ALTERNATE, AND COUNCIL MEMBER FOY WOULD BE THE DELEGATE TO THE N. C. LEAGUE OF MUNICIPALITIES ANNUAL MEETING, WITH MAYOR PRO TEM CAPOWSKI AS THE ALTERNATE. THE VOTE WAS UNANIMOUS (9-0).

A RESOLUTION REGARDING DELEGATE AND ALTERNATE DELEGATES TO THE NC LEAGUE OF MUNICIPALITIES’ AND NATIONAL LEAGUE OF CITIES’ ANNUAL MEETINGS (99-9-13/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby designates Council Member Kevin Foy to serve as the Council’s voting delegate to the NC League of Municipalities’ annual meeting October 24^th – 26^th, 1999, and Mayor pro tem Joe Capowski to serve as the alternate delegate.

BE IT FURTHER RESOLVED that the Council hereby designates Council Member Joyce Brown to serve as the Council’s voting delegate to the National League of Cities’ 1999 Congress of Cities annual meeting November 30^th – December 4^th, 1999, and Council Member Lee Pavão to serve as the alternate delegate.

This the13^th day of September, 1999.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT DELEGATES MAKE A PARTICULAR EFFORT TO GET LANGUAGE SEEKING A DEDICATED SOURCE OF REVENUE FOR TRANSIT FUNDING APPROVED BY THE LEAGUE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

d. Consideration of Ordinance and Resolution Updating the Council Procedures Manual and Revising the Appointment Process to Advisory Boards and Commissions

COUNCIL MEMBER WIGGINS MOVED ORDINANCE 7a. COUNCIL MEMBER EVANS SECONDED.

Joyce Smith, Town Clerk, explained that there had been applications from members of the community who also served with agencies that received funds from the Town. She said that the language in the ordinance that created the Human Services Advisory Board stated that no member should serve on the board of any human service agency during his or her tenure, and that no member should be paid or non-paid staff of a human service agency.

Ms. Smith explained that the Human Services Advisory Board’s ethics guidelines would require that they would recuse themselves from voting if their agency appeared before the Town. She pointed out, though, that there still could be a perceived conflict of interest to others who apply and are not appointed, because one could recuse oneself from voting when their own agency was being considered but still vote against funding for another agency. Ms. Smith explained that the staff recommended adding wording to the ordinance that stated: “members of the Human Services Advisory Board may serve as a board member or as a paid or non-paid staff of a human service agency, only if that agency does not apply for or receive funding from the Town.”

Ms. Smith stated that the other changes to the Procedures Manual would clarify some of the administrative changes that staff had implemented on a trial basis following the Council’s suggestion that the boards and commission process might be improved. She noted that the policy of having nominations achieved by a resolution on the consent agenda, as the Procedures Manual currently stated, had not been followed, and suggested that doing so would be more efficient.

Ms. Smith also recommended beginning a policy of not putting applicants forward for appointment until the Advisory Board had submitted a recommendation for appointment. She said that the staff had followed this practice since March, adding that it had worked well because it gave the Clerk’s Office a chance to check whether or not citizens were eligible to serve on a particular board. Ms. Smith added that this would give the boards and the Council the necessary time to study the applications. The other recommended change, Ms. Smith pointed out, would be
that the Council make the Monday prior to the Wednesday preparation of the agenda packet materials the deadline for receiving applications, to give the Clerk’s Office time to verify the addresses.

Mayor Waldorf suggested dealing with Ordinance 7a or 7b first.

Council Member Evans asked how many applications were in the folder for the Human Services Advisory Board. Ms. Smith replied that there were four.

Council Member Bateman, noting that thirty to forty percent of the people on the Board would have to leave if this policy were applied, asked Ms. Smith if this was the reason for the suggested changes. Ms. Smith replied that an agency who did not currently have one of its members serving on the Board had brought it to her attention that the Board was currently in violation of its charter because of the membership of other human service agency members on the Board. Ms. Smith noted that the current wording would not allow such a member, so the Board was violating its charge by allowing other human service agency members to serve. She stated that the suggested change would strengthen the language by adding the phrase “ apply for or receive funding from the Town.” Ms. Smith noted that there were several current members on the Board that this would affect – one on the board of Child Care Services and one with the Association of Retarded Citizens, both agencies that receive funds from the Town. She said that other agencies had also noted the conflict.

Mayor Waldorf asked what was wrong with 7b, which was what the Human Services Advisory Board had put forward, noting that people should be trusted to recuse themselves. Ms. Smith replied that the staff’s only reservation was that if other agencies put forward a citizen and that citizen was not appointed, then they could object on the grounds that a member of another agency competing for Town funds was allowed to vote on their funding.

Council Member Bateman noted that they were recusing themselves now.

Mayor Waldorf stated that she would vote against 7a because she preferred 7b.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 7a. THE MOTION WAS ADOPTED (7-2), WITH COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, MCCLINTOCK, PAVÃO, AND WIGGINS VOTING AYE AND MAYOR WALDORF AND COUNCIL MEMBER EVANS VOTING NAY.

AN ORDINANCE AMENDING CHAPTER 2, SECTION 121 OF THE TOWN CODE OF ORDINANCES (99-9-13/O-7a)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends Chapter 2, Section 121 of the Town Code of Ordinances to read as follows:

“Sec. 2-121. Membership; terms.

The human services advisory board shall consist of seven (7) members appointed as hereinafter provided. 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: Two (2) members shall be appointed for a period of one (1) year, two (2) members shall be appointed for a period of two (2) years, and three (3) members shall be appointed for a period of three (3) years. Members may be re-appointed 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.

The advisory board shall be selected to be representative of the entire Chapel Hill community, its needs, aspirations and values. The advisory board shall not be an advocacy group to lobby for or represent special interests.

Members of the human services advisory board may serve as a board member or as paid or non-paid staff of a human service agency only if that agency does not apply for or receive funding from the Town.

This the 13^th day of September, 1999.

Council Member Brown expressed concerns regarding the second bullet under Resolution 10, the stipulation that “the Council would not consider appointments to a board of commission until a recommendation has been received from that board of commission.” She argued that the board might not want to make a recommendation and that the Council should not bind itself in that way. Mr. Horton commented that the staff would take the Council’s wish to eliminate an item into account when preparing the final version.

COUNCIL MEMBER BROWN MOVED TO AMEND THE PROCEDURES MANUAL AS SUGGESTED, BUT REMOVING BULLETS TWO AND FOUR, WHICH WAS THE REQUIREMENT THAT COUNCIL MEMBERS MARK AND SIGN THEIR BALLOTS PRIOR TO THE COUNCIL MEETING.

Council Member Wiggins proposed that the second bullet read: “until the commission has had an opportunity to make a recommendation.” She noted that this would keep the process going but if they did not take advantage of the opportunity then the Council could go ahead and make the appointment. Council Member Brown agreed, but noted that it still left it vague since there had never been a process established for boards and commissions interviewing applicants.

Mayor Waldorf reminded the Council that it had recently passed a resolution asking boards and commissions to make recommendations.

Mayor Waldorf, after ascertaining from Council Member Brown that her reason for deleting bullet four was that it was difficult to do, suggested saying, “include a request that if possible Council Members mark and sign ballots prior to meetings.”

Council Member Brown asked Mayor Waldorf to define “request.” Mayor Waldorf noted that much Council meeting time was spent making appointments because it was not done efficiently, and explained that this had been an effort to make it more streamlined. Council Member Brown agreed to the wording suggested by Mayor Waldorf.

Council Member McClintock commented that Council procedures and so forth ought to go towards the end of the agenda.

Mayor Waldorf stated that moving Appointments to the end of the agenda would be fine with her. Several others agreed, but Council Member Evans stressed that they should still try to mark their ballots ahead of time if possible.

Council Member Brown reminded the Council that Appointments had once been at the end of the agenda, but had been moved to the front because citizens had requested it. She agreed to add that to her motion.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 10, REVISING THE COUNCIL PROCEDURES MANUAL, AS AMENDED BY COUNCIL DISCUSSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REVISING THE COUNCIL PROCEDURES MANUAL (99-9-13/R-10)

WHEREAS, the Council Procedures Manual was last updated in April 1997; and

WHEREAS, the Council wishes to revise its policy regarding the appointment process for boards and commissions; and

WHEREAS, the Council wishes to set term and membership limits for the Technology Committee; and

WHEREAS, minor language changes are suggested for clarification and to reflect current Council practices;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby revises the Council Procedures Manual as reflected in the agenda materials of September 13, 1999, and amended per Council discussion on September 13, 1999, and filed in the office of the Town Clerk.

This the 13^th day of September, 1999.

Item 7 — Consideration of Revision to the Noise Ordinance Regarding

Landscape Maintenance Equipment (Second Reading)

Ted Seagroves, representing the Chapel Hill Country Club, apologized for not attending the last meeting, but remarked that he had not been given adequate notice. He explained that the Chapel Hill Country Club had started in the 1960’s as a nine-hole golf course and had increased since then to a full service country club with thirteen tennis courts, an Olympic size pool, a club house with banquet facilities and a restaurant, a full 18-hole golf course, administrative offices and retail outlets. Mr. Seagroves said that the Club had been a good neighbor and noted that many people from the neighborhood were members.

Mr. Seagroves said that the complaint regarding the fan had been an isolated incident. He reported that the Club tried to accommodate the neighbor by moving the fan to sixty feet from the property line, turning it to a lower setting, and negotiating operating hours. Mr. Seagroves added that the Club had spent $26,000 to purchase a quieter fan in order to appease the complaining neighbor. He appealed to the Council not to approve the motion, which he said might also affect others adversely in the future.

Ann Rex stated that the Club had installed a tall fan on the fourth green in July 1999, and had begun running it twenty-four hours a day at 58.7 decibels, above the 55 decibel limit of the current ordinance. She reported that the Club had agreed to turn the fan off at night, but then began running it 15 hours a day at 67.8 decibels, eight decibels higher than the 60 decibel day-time limit. Ms. Rex stated that the club had been able to continue running the fan because it was considered “lawn equipment” under the ordinance in question. She asked the Council to adopt the revision, adding that it had been created to protect people like her.

COUNCIL MEMBER BROWN MOVED TO ADOPT ORDINANCE 8.

Council Member Foy read a section of the Club’s response: “The proposed amendment will not prevent us from operating a fan quiet enough to comply with the noise limitations in the ordinance, but it may hinder other reasonable and necessary operations by citizens in Chapel Hill.” Council Member Foy noted that the ordinance could satisfy both parties by allowing continued operation of the fan without exceeding the limit.

Mayor pro tem Capowski agreed, noting that the ordinance revision would close this loophole in the Noise Ordinance. He said that it was reasonable to restrict such equipment to 60 decibels.

MAYOR PRO TEM CAPOWSKI SECONDED THE MOTION, ADDING THAT THE ACTION TAKEN BY THE COUNCIL WOULD APPLY TO THE LARGER COMMUNITY OF CHAPEL HILL.

Council Member Wiggins asked what the current decibel level of the fan next to Mrs. Rex’s property was. Craig Thompson, golf course superintendent at the Chapel Hill Country Club, replied that it was less than 50 decibels at her property line, according to his measuring equipment.

Council Member Wiggins stated that she had gone out there and discovered that it was not as loud as she had anticipated and that 50 decibels seemed correct. She added that she was leaning toward changing her vote because she had thought the noise would be louder than it was.

Council Member McClintock pointed out that it was the Council’s charge to set reasonable standards for the Town. She recommended that the Council take action to close the loophole.

Council Member Brown added that this would guarantee that the noise be kept lower.

Council Member Evans directed the Council’s attention to Agenda Item 12, which was to consider the authorization of a consultant to revise the Noise Ordinance. She pointed out that if the Council adopted agenda item 12, they would be asking the consultant to look into the issue of proper decibel levels.

Council Member Foy, explaining that he also had gone to the area to listen, agreed with Council Member Wiggins that it was not excessively noisy. He added, though, that citizens had a right to know that there would be a limit, adding that as the ordinance was currently written there was no limit on how loud fans could be. Council Member Foy noted that the Country Club had “gone out of its way” to cooperate, but commented that limiting noise to 60 decibels would not create a hardship.

Council Member Wiggins replied that she would like to see the item addressing noise dealt with all at once. She argued that if the Town planned to hire a consultant—which she would support—and the ordinance were revised as part of that, then she would support that as well. Council Member Wiggins said, she was opposed to tinkering with the ordinances now if the Council was planning to hire a consultant.

THE MOTION TO ADOPT ORDINANCE 8 FAILED 5-4, WITH COUNCIL MEMBERS FOY, BROWN, CAPOWSKI AND MCCLINTOCK VOTING AYE AND COUNCIL MEMBERS BATEMAN, WALDORF, PAVÃO, EVANS AND WIGGINS VOTING NAY.

Mayor Waldorf asked the Attorney if a motion that passed 5-4 on first reading and then failed 4-5 on second reading would come back a third time. Mr. Karpinos replied that it would not.

Item 8 — Presentation of Booker Creek Linear Park Advisory Committee Report

and Consideration of Resolution Referring Report to the Manager for Comment

Mr. Horton asked Commission Chair Diane LeMasters to present the staff’s report. He noted an error on page three, under “Manager’s Recommendation,” which he said was from an early draft. Mr. Horton explained that the Manager’s recommendation was that the Council proceed with adoption of the report.

Diane LeMasters, Co-chair of the Booker Creek Linear Park Advisory Committee, reviewed the Park’s history and described the make-up and work of the Committee and Town merchants’ participation in the plan. She explained that the Park would run from the south end of the Little Property, along the banks of Booker Creek, between Village Plaza and Eastgate, and towards the northwest corner of Elliott Road and Fordham Boulevard.

Ms. LeMasters reported that the Committee’s recommendations were as follows:

1) Extend the ten-foot wide asphalt trail from the Little Property along the banks of Booker Creek toward the northwest corner of Elliott Road and Fordham Boulevard. She said that this would be a major pedestrian bikepath, fully wheelchair and stroller accessible, and that it would cross a new footbridge bridge which would be located approximately opposite the Spa. East of the bridge the trail would then split to Fordham Boulevard and Elliott Road.

2) Build natural surface trails that would meander throughout the site around a pond, with foot bridges and viewing areas.

3) Improve the intersection at Elliott Road and Fordham Boulevard.

4) Improve sidewalks around the area in several places.

5) Provide two bridges over the creek.

6) Restore the stream banks and creek beds.

7) Preserve natural areas, particularly the scenic pond, which ebbs and flows with rains and would have to be excavated and thinned and provided with a steady flow of water.

Ms. LeMasters said that people in the area had spotted 50 species of birds, and noted that more would obviously be attracted to the Park. She said that preservation of buffers was a high priority for the Committee, and that hardwoods would be maintained. Ms. LeMasters stated that the Committee hoped to use this project as a springboard for other linkages. She said that they believed this was an exceptionally good project which “takes on its own energy.”

Ms. LeMasters explained that the Park would connect commercial areas to each other, would connect the end of one Greenway to the beginning of another, and would connect commercial to residential areas. She added that the project was an attractive utilization of unused greenspace, a wonderful way to improve a shabby entranceway, and a good example of preservation of urban wildlife and natural zones.

Council Member McClintock commended the work of everyone involved in the plan. She described it as a “great amenity” which was environmentally sensitive despite the asphalt because the plan was to protect the water. She noted that other cities did not always have sidewalks paralleling the street, and pointed out that varying them could be more interesting. Ms. LeMasters agreed that varying the sidewalks was a good idea, but explained that the Committee chose to parallel Fordham Boulevard because of traffic hazards in the area. Council Member McClintock also recommended discouraging the use of the Elliott Road/Fordham Boulevard intersection for parking. Ms. LeMasters replied that she, personally, agreed.

COUNCIL MEMBER EVANS MOVED RESOLUTION 11, SECONDED BY COUNCIL MEMBER MCCLINTOCK.

Mayor pro tem Capowski thanked Ms. LeMasters for her work, but pointed out that $466,000 for a 75-foot linear park comes out to $600 a foot. He asked why it was so expensive. Ms. LeMasters, noting that the cost had been scrutinized, deferred to developer Mike Hammersley for a cost breakdown. Mr. Horton noted that the bridges cost about $150,000. He said that he had questioned that cost directly with Mr. Hammersley and was satisfied that it was a reasonable estimate because of the bridges’ long lengths.

Council Member Bateman agreed with Mayor pro tem Capowski that the staff should again look at the price tag.

Mayor pro tem Capowski asked what adopting the report would mean procedurally. Mr. Horton explained that the Council had in effect already endorsed the general idea by allowing the staff to apply for funding in support of the project. He added that the staff would do everything they could to bring the cost down. Mr. Horton noted that the Council would be adopting the general plan, but would not be authorizing the staff to construct anything or put anything out to bid. He added that the Council could also give the staff feedback on what to reconsider, which they would do according to the Council’s recommendations.

Mayor pro tem Capowski stressed that he was in favor of the park, but asked what other projects the $466,000 would take funds away from. Mr. Horton replied that because the Council had previously given the Linear Park a high priority the staff had been seeking outside funding for it.

Mayor Waldorf said that she was in favor of adopting the plan while also continuing to look for money to fund it. She explained that the Town had asked Congressman Price to look for federal money. She said that the Town also had applied for an enhancement grant through NCDOT and already was getting quite a bit of state money to do the Lower Booker Creek portion. Mayor Waldorf said those funds would be matched with direct allocation federal money, which could be used on non-road projects. She encouraged the Council to adopt the plan, while continuing to look for other sources of funding, with the understanding that there would be the need to put some local money into it. She added that she thought it was a great project and that the people who had worked on it had used unusual imagination in coming up with a good plan.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING THE BOOKER CREEK LINEAR PARK ADVISORY COMMITTEE’S REPORT TO THE TOWN COUNCIL (99-9-13/R-11)

WHEREAS, the Booker Creek Linear Park Advisory Committee has recommended that trails and sidewalks be constructed adjacent to Booker Creek; and

WHEREAS, the Booker Creek Linear Park Advisory Committee has recommended that improvements be made to the existing floodplain and entranceway areas within the identified project limits; and

WHEREAS, the Council has authorized the submittal of an application for NCDOT Enhancement funding for this project;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the Booker Creek Linear Park Advisory Committee’s report entitled, Booker Creek Linear Park Advisory Committee Report to the Town Council.

BE IT FURTHER RESOLVED that the Council directs the Manager to include the following as part of the conceptual plan:

· Signage at the Franklin Street end of the main trail.

· The meadow at the intersection of Elliott Road and US 15-501 should be considered as a potential location for public art.

· If feasible, an improved pedestrian crossing of US 15-501 at Elliott Road should be included as part of this project.

· An outreach program shall be used to assist any homeless individuals living in the area prior to construction.

BE IT FURTHER RESOLVED that the Council thanks the members of the Booker Creek Linear Park Advisory Committee and all other individuals who participated in the development of the Committee’s Report.

This the 13^th day of September, 1999.

Item 9 — Consideration of Resolution Regarding Request from Orange County to Cede

Decision-Making Authority to Select the Next Construction and Demolition Landfill Site

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS ON BEHALF OF THE TOWN OF CHAPEL HILL TO SELECT THE NEXT CONSTRUCTION AND DEMOLITION LANDFILL IN ORANGE COUNTY

(99-9-13/R-12)

WHEREAS, construction and demolition waste materials represent approximately one third of all wastes disposed in Orange County; and

WHEREAS, the existing construction and demolition landfill is expected to reach capacity in the summer of 2000; and

WHEREAS, the governing boards of Orange County and the Towns of Carrboro and Chapel Hill have all indicated, either through the LOG process or through their individual boards, their commitment to pursuing an in-County construction and demolition facility to replace the current facility when it is full; and

WHEREAS, it is important to reduce confusion among County citizens regarding site selection decision making responsibility and to allow a more effective public participation process; and

WHEREAS, it is recognized that eventual transfer of solid waste management decision-making authority to Orange County appears imminent; and

WHEREAS, there are significant time pressures associated with a September 30 expiration of an option to purchase one of the sites and to have a new site available when the current facility reaches capacity; and

WHEREAS, the Board of Orange County Commissioners have requested that the Town Council cede its shared decision making responsibility regarding a final construction and demolition site decision to Orange County;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Board of County Commissioners on behalf of the Town of Chapel Hill to select a new construction and demolition landfill site, provided that this authorization may be revoked by future actions of the Town Council.

This the 13^th day of September, 1999.

Item 10 — Consideration of Proposed Development Ordinance Text

Amendment for Bed and Breakfast Establishments

Roger Waldon, Planning Director, explained that the only kind of bed and breakfast that was available in Chapel Hill was in the context of a hotel or as a home occupation. He said that the proposals had been before the Council before the summer. Mr. Waldon said they were: to add a
definition of what a bed and breakfast was to the Development Ordinance; to suggest some zoning districts in which it would either be allowed as a permitted use or as a special use; and to suggest some special standards that might be applied to bed and breakfasts in those districts.

Mr. Waldon explained that ORDINANCE 9a was the Manager’s recommendation, ORDINANCE 9b was the Planning Board’s recommendation, and ORDINANCE 9c was the recommendation of the Historic District Commission. He pointed out that the differences among them involve physical spacing between bed and breakfast locations, signage, whether or not they should be owner or manager occupied, and where they would be allowed. Mr. Horton added that the Historic District Commission’s proposal was more restrictive than either the Manager’s or the Planning Department’s. He summarized all three as making a small step toward allowing bed and breakfasts in Chapel Hill.

COUNCIL MEMBER PAVÃO MOVED TO TABLE THE ITEM, SECONDED BY COUNCIL MEMBER FOY.

Mayor Waldorf explained that voting to table would mean that the item was off the Council’s agenda until someone who voted for the motion brought it back, got a second, and got a majority vote. Mr. Karpinos agreed that Mayor Waldorf was correct, adding that there would have to be a public advertisement procedure before the Council could act on it at a subsequent time

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 11 — Response to Petition Regarding the Chapel Hill Museum

Mr. Horton explained that the Chapel Hill Museum was allowed to operate in a residential zoning district because the Council had determined that they were a public use facility which assisted the Town in archiving certain records. He explained that the Museum was asking to be designated a public cultural facility so that they could make their space available for weddings, receptions, and other events which would help to augment fundraising.

Mr. Horton reported that the Museum would also like to offer classroom accommodations on a regular basis, for which fees would be charged, and to rent out office space. He said that neither of those uses would be possible without a zoning change. Mr. Horton noted that they would not be able to rent out office space on a long-term basis even with the change to a cultural facility, but could rent out classrooms for a few days for special purposes. He recommended holding a public forum, if the Council wished to make the change, on September 27^th.

COUNCIL MEMBER PAVÃO MOVED TO ADOPT RESOLUTION 16, CALLING A PUBLIC FORUM FOR SEPTEMBER 27, 1999.

Council Member Pavão said that the Museum had not been able to raise enough funds, and pointed out that this was a non-profit organization which was operated by citizens for citizens. He suggested moving forward on the request.

THE MOTION WAS SECONDED BY COUNCIL MEMBER EVANS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC FORUM TO CONSIDER CHANGES TO THE USE AND DESIGNATION OF THE TOWN PROPERTY LOCATED AT 523 EAST FRANKLIN STREET (99-9-13/R-16)

WHEREAS, the Town Council of Chapel Hill has received a petition from the Chapel Hill Museum regarding its status as a Public Cultural Facility as defined by the Chapel Hill Development Ordinance; and

WHEREAS, the Town Council has begun consideration of designation of the Chapel Hill Museum as a Public Cultural Facility as defined by the Town Development Ordinance and consideration of the associated changes in use authorized with the Public Cultural Facility designation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to notify property owners in a 1,000 foot radius from the Chapel Hill Museum at 523 East Franklin Street of a Public Forum to be conducted at the September 27, 1999 Council meeting to consider changes to the designation of the property and to the land uses allowed.

This the 13^th day of September, 1999.

Item 12 — Proposed Revisions to the Noise Ordinance

a. Consideration of Resolution Authorizing Employment of a Consultant to Revise the Noise Ordinance and Budget Ordinance Amendment

Police Major Gregg Jarvies reported that the Noise Ordinance Study Commission, established by the Council in May 1997, had presented its report to the Council in January 1999 and had recommended in April 1999 that an expert in acoustical engineering be hired to evaluate the Committee’s recommendations as well as the entire noise control code. He said that they had met with Drs. Larry and Julia Royster of Environmental Noise Consultants in Raleigh and had submitted a copy of their proposal to the Council. Major Jarvies recommended that the Council adopt R-13, and added that the process should be completed by the end of next spring.

Ann Rex, stating that she had served on the Noise Committee, noted that citizens would not be allowed in the process until Phase Three, which she said would be too late for their concerns to be conveyed to the consultant. She encouraged the Council to rephrase the resolution so that citizens could be involved in Phases One and Two.

Council Member Brown remarked that she, too, had met with the Roysters. She agreed that they were a good choice for the consultants, and also agreed with Ms. Rex that there should be citizen involvement at the beginning of the process. Council Member Brown suggested including members of the Noise Committee from the start of the process.

Mayor Waldorf asked if that was not what the consultant had recommended. Council Member Brown replied that there had been two documents and that the actual proposal had only recommended involving citizens in Phase Three.

Mayor Waldorf asked Mr. Horton if that would substantially affect the cost. Mr. Horton replied that the statement already indicated that the consultant would meet with “any other information sources identified.” Mr. Horton said that he presumed that would include the Committee. He agreed, though, that it would be appropriate to state it more specifically, adding that he did not believe it would cost more money.

Council Member Brown suggested adding “and include in that the Noise Committee at the early phase” to the first “be it resolved.”

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 13, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE USE OF COUNCIL CONTINGENCY FUNDS FOR THE HIRING OF CONSULTANT TO REVIEW AND MODIFY THE NOISE CONTROL CODE (99-9-13/R-13)

WHEREAS, the Council established the Noise Ordinance Study Committee in May of 1997 to review the current ordinance and make recommendations regarding possible revisions; and

WHEREAS, on January 25, 1999, the Committee recommended eight revisions to the current ordinance; and

WHEREAS, revisions to the ordinance, including the eight recommendations proposed by the Committee, could have significant legal, practical and fiscal implications; and

WHEREAS, the expertise necessary to revise the ordinance and accurately determine the likely impact of such revisions is not available through Town resources; and

WHEREAS, Environmental Noise Consultants, Inc. has submitted a proposal to review the current ordinance, recommend changes and prepare a new ordinance for public review and Council approval;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the proposal of Environmental Noise Consultants, Inc. and that the participation of the Noise Committee be included early in the process.

BE IT FURTHER RESOLVED that the Council authorizes the use of $23,500 from the Council’s contingency account to pay for the services of Environmental Noise Consultants, Inc.

This the 13^th day of September, 1999.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADPOPT ORDINANCE 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (99-9-13/O-10)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Non-Departmental

Contingency 44,407 23,500 20,907

Police 7,712,732 23,500 7,736,232

This the 13^th day of September, 1999.

b. Petition by Council Member Brown Regarding the Decibel Level for Air Handling Equipment

Council Member Brown proposed including lowering decibel levels to those that she had recommended, which she argued could be done. She said that since new buildings were being designed with the present Noise Ordinance in mind they could be designed with lower decibel levels.

Ron Merritt, an attorney and member of the Chapel Hill Country Club, opposed the petition, arguing that it was not clear what section of the ordinance would be affected, what affect it would have on any particular present use, and how citizens and property owners were to operate under this resolution.

Council Member Evans asked if the University had been notified and given a chance to comment, pointing out that this would cut the noise to half of what had previously been permitted. Mr. Horton replied that the University routinely received a set of agenda materials and had received these on a timely basis.

Council Member Evans asked if there was some emergency requiring the Council to move quickly on this, and, if not, she recommended taking time to gain more information.

Council Member Brown replied that information already received from the consultant had indicated that lower decibel levels should be expanded throughout the community. Adding that Raleigh and Wake County had lowered their levels, she asked why not go ahead with it rather than waiting another year. Council Member Evans replied that she was not suggested waiting a year, and repeated that, as a courtesy, the Council should hear from those who would be affected by the change.

Mr. Horton pointed out that a University representative was present. Aaron Nelson apologized on behalf of the University for not having replied and requested one more meeting to respond on how this would impact the University. Council Member Brown agreed to wait, but pointed out that this recommendation had come from the Noise Committee, which had included representatives from the University and the Hospital.

Council Member Foy pointed out that if the item would be coming back at the next meeting then Mr. Merritt’s question about the effect on homeowners should be answered as well.

Council Member Bateman added that she would also like to ensure that the school system knew about the meeting.

Council Member Brown agreed, and suggested that the issue come back at the next regular Council meeting with the institutions named being notified. Council Member Evans interjected that that may not give them adequate time to respond.

Council Member McClintock said that she was in favor of all institutions being given a chance to respond, but supported Council Member Brown’s proposal.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ASK THE MANAGER TO NOTIFY THE APPROPRIATE INSTITUTIONS OF THE PROPOSAL AND TO RESPOND TO MR. RON MERRITT’S QUESTIONS.

Mayor Waldorf asked what effect, if any, the Council enacting this now would have on the consultant’s consideration of how to implement and enforce the policy. Mr. Horton replied that the staff could notify the institutions as well as the Chamber of Commerce and the Downtown Commission. To go beyond that, Mr. Horton said, the Town would need to run an advertisement. Mr. Horton said that he did not know what the consultant might advise, but added that he understood the consultant’s proposal to recommend revising the ordinance comprehensively rather than piecemeal. He noted that the Council could put everyone on notice that it was considering making this change and then every time an applicant came in the staff would inform them that the Council was considering making this change.

Mr. [?] Heath referred the Council to page 11 of the report in which the consultant is quoted as recommending lower decibel levels. Noting that he too had been a consultant for 40 years, Mr. Heath recommended making this change quickly “before all the horses are out of the barn.”

Mayor pro tem Capowski suggested asking UNC to specify in their reply which buildings they could apply this to.

Mayor Waldorf offered a friendly amendment asking the consultant to address this in a study and give the Town guidance on how to implement it. Council Member Brown as the mover, and Council Member Foy as the seconder, accepted the amendment.

Mayor pro tem Capowski asked how this would pertain to commercial buildings that had been approved but not yet designed. Mr. Horton said that he would ask the Town Attorney to take that into consideration when reviewing the possible implications of adoption of the motion.

Council Member Wiggins asked if it would be possible for the staff to get this out in time for a response before the next regular meeting. Mr. Horton replied that it would be challenging, noting that the process was variable. Council Member Wiggins requested that the staff try and get it out quickly.

THE MOTION, AS AMENDED TO ASK THAT THE CONSULTANT ADVISE THE TOWN ON IMPLEMENTATION AND TO BRING THIS BACK TO THE COUNCIL AT THE NEXT REGULAR COUNCIL MEETING, WAS ADOPTED UNANIMOUSLY (9-0).

Item 13 — Consideration of Report Regarding the Reduction of Impervious Surface

Mr. Waldon explained that the staff had come back with a response to Mayor pro tem Capowski’s petition on how to decrease the increase in impervious surface parking areas for approved developments. He said that it was then discussed at a public hearing, where it was broadened and referred to advisory boards.

COUNCIL MEMBER MCCLINTOCK MADE THE FOLLOWING MOTION: Council Member McClintock proposed wrapping the responses up in something like “an impervious surface reduction package” which would focus on five points: reducing the amount of permitted uses in the RCD; establishing the maximum number of parking spaces for applications; reducing street widths in residential areas under certain circumstances; requiring plantings between sidewalks and roadways; and having limits to parking lot paving. She proposed that the Council ask the staff to look at these as a package and come back with proposals for an ordinance that the Council could discuss and refer to the boards and public for comments.

Council Member Foy noted that one interesting idea for reducing impervious surface at University Mall was to use the planting area as a filtration device for strormwater runoff. He recommended that the Town move in that direction whenever they can, and suggested adding that to the list of things the Council was interested in. Council Member Foy also recommended pushing for maximum parking limitations instead of minimum requirements.

Mayor Waldorf stated that she supported Council Member McClintock’s recommendations, but wanted to be clear on how it would work. In summary, Mayor Waldorf said, the staff would write up the list and make brief comments on it, then it would come back to the Council, and then go out to the boards.

Council Member Wiggins inquired about why the Transportation Board’s recommendation for shared parking arrangements had not been included in Council Member McClintock’s list. Council Member McClintock replied that it was difficult to enforce and that she had been looking for actual “fixes” that the Council could implement to reduce some impervious surface. She added that making the list too broad might make it difficult to accomplish.

Council Member Wiggins asked for specifics on what the Town could do, if anything, about shared parking. She amended the motion to add this issue.

THE MOTION WAS SECONDED BY COUNCIL MEMBER FOY, TO INCLUDE THAT THE STAFF REVIEW THE POINTS NOTED, AS A PACKAGE OF IMPERVIOUS SURFACE REDUCTION MEASURES TO CONTROL STORMWATER RUN-OFF AND IMPROVE WATER QUALITY, AND RETURN A REPORT WHICH THE COUNCIL WOULD DISCUSS AND FORWARD TO THE BOARDS FOR ADDITIONAL COMMENTS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 14 — Consideration of Guidelines for the Residential-Special Standards District

Mr. Horton requested feedback from the Council to the draft guidelines that the staff had prepared in response to the Council’s request.

Council Member Foy praised the guidelines, but suggested bringing the initial paragraph in long-term affordability section forward as a primary issue. Mr. Horton agreed to do that.

Council Member McClintock suggested adding a statement about how “the Council thinks it’s a good idea for the applicant to talk to the neighbors and consider their concerns in the overall design.” She argued that it was important to be proactive since they were trying to put quite high density into a neighborhood. The Council agreed by consensus.

Item 15 — Consideration of Resolution Authorizing the Manager to Bring the Council

Options for the Purchase of All or a Portion of the Property or Development Rights

for the Lloyd Property Along NC Highway 54

Council Member Bateman stated that several people had asked her to look into the possibility of the Town buying this property. She remarked that she did not know if the property was for sale, or how much it would cost, or whether the Town was even interested in it. She then read the proposed resolution, which would preserve the property as open space along an entranceway corridor.

Council Member Brown noted that the Council already had established a process for acquiring land. She wondered what costs were associated with what already had been approved as far as recommendations for use of Open Space Bond funds. Council Member Brown asked what other open spaces had been looked at, remarking that she had a favorite piece of her own. She recommended that the motion be put in a broader context, rather than looking only at one property.

Council Member McClintock agreed, and suggested referring the issue to the Greenways Commission. She noted that the Council would eventually have to come out with a broad plan on how to spend the bond money.

Council Member Evans, noting that the next agenda item would be on County-wide open space, suggested delaying this item.

Mayor Waldorf expressed support for Council Member McClintock’s suggestion to refer the item to the Greenways Commission.

Council Member Brown proposed referring it in the context of what money allocations were going to be needed and what other properties could be looked at. Mayor Waldorf noted that the Commission knew how much money the Town had.

Mr. Horton reminded the Council that the Greenways and other commissions had made recommendations to the Council and that the Council had adopted a broad set of goals to give the Town guidance. He pointed out that a key part of that was that the Town should accept the Greenways Commission’s recommendations as top priorities. Mr. Horton recommended referring this to the Greenways Commission for its comment and to see how it would fit into their priorities.

COUNCIL MEMBER BATEMAN MOVED RESOLUTION 14. THE MOTION FAILED FOR LACK OF A SECOND.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER RESOLUTION 14 TO THE GREENWAYS COMMISSION FOR COMMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 16 — Orange County’s Joint Master Recreation and Parks Plan

David Stancil, representing the Orange County Planning Department, explained that the Work Group had met from November 1997 to May 1999. He said that they had explored the County and Towns’ needs for recreation facilities, had developed a comprehensive inventory of existing resources, and had explored ways that the County and Towns could collaborate on joint acquisition and development of facilities. He said that the Work Group had also looked at ways to link regional, town, and County parks, had looked at payment-in-lieu programs and payment possibilities that do, or could, exist. Mr. Stancil reported that the Work Group had developed a set of criteria for parks acquisition.

Mr. Stancil said that the most common theme in the report is the idea of “land banking,” which was something that local governments could do together and which should be pursued now since the cost of land had been increasing dramatically over the last 10-20 years. He referred to nine recommendations, beginning on page five of the executive summary:

1. Create a Parks and Resource Lands Council;

2. Inter-Jurisdictional Standards;

3. Joint Siting, Design and Management of School and Park Sites;

4. Public/Private Partnerships;

5. Joint Capital Facilities Planning/Coordinated Land Acquisition;

6. Open Facilities Policy;

7. Payment-In-Lieu Changes;

8. Address Existing Needs;

9. Use of Current Funds and Future Funding Needs.

Mr. Stancil said that Orange County and Carrboro had referred this report to their advisory boards and that it might be the subject of discussion at an Assembly of Governments meeting or a joint planning hearing at some point in time. He gave credit to the citizens of the Towns and the County for passing the 1996 parks bond, which he said would result in seven new active fields coming on line in the next year.

Council Member McClintock asked if the Work Group had examined wildlife corridors and linked it up to the inventory that the County had been developing. Mr. Stancil replied that one of the maps in the packet showed “rustic woodland trails,” and remarked on the great potential for linking Town parks, Town greenways, County parks, and regional parks. Mr. Stancil noted that three examples were included in the report: Cane Creek lands to Eno River State Park, New Hope Creek through Northern Community Park, and through University lands to Jordan Lake.

Council Member Evans asked if one of the objectives was to get a federal grant. Mr. Stancil replied that it was, adding that the County and Towns had paid a lot into the State parks and recreation trust fund, but had received less than 5-6% in the matching grants program.

Council Member Evans asked about the deficit of 645 acres noted on page seven of the agenda materials, and asked if they had included the projected University student growth when calculating that number. Mr. Stancil explained that this figure was in appendix J. He added that they had not factored in the projected student growth, but had used a set of population projections which projects trends, including student population growth, from the past into the future.

Council Member Evans asked if they had only looked at publicly-owned land, or if they had also looked at private land, such as University-owned land and land under the jurisdiction of the Triangle Land Conservancy. Mr. Stancil replied that Triangle Land Conservancy land was not included, noting that this land was not very large. He said that Duke Forest land was included and UNC lands that were available for recreational type uses were included as well.

Council Member Evans pointed out that looking at lands owned by municipalities did not give the entire picture since much of the County’s recreation space was provided by the University. She said she would prefer figures that also showed the land that was not included.

Council Member Evans asked if it was true that the County had a transfer tax to fund parks and recreation for the County. Mr. Stancil replied that there was a Parks and Recreation Trust Fund, which was a State fund.

Council Member Evans read from the materials, “the County collects two dollars per thousand on the sale prices of houses,” which she said was a transfer tax. Mr. Stancil replied that the County collected that for the State, to which she replied “but you keep 52% of it.”

Council Member Evans, noting that a large portion of the sales were in Chapel Hill, asked where the Town saw a return on that money. Mr. Stancil replied that he did not know what the destination of that fund was, but he offered to find out. He explained that the $31,000 is Parks and Recreation Trust Fund dollars which had come back to the County through that trust fund had been received by the Town of Hillsborough. Mr. Stancil stated that since the 52% that stayed with the County was not related to parks and recreation he did not explore what happened to it. He said that the Parks and Recreation Trust Fund was the 48% that went to the State.

Council Member Foy added that he had learned from Orange County Manager John Link that that money was not earmarked for parks and recreation, but went into the General Fund. He reminded the Council that they had asked their legislative representatives in January about adding a dollar or two to that tax, which may be a potential source of revenue, and that Representative Hackney had told them how it was currently being used and that it was not coming back to them. Council Member Foy added that the money was not used for parks and recreation, noting that the statute did not require that.

Council Member Foy stated that it was obvious when looking at the map how much the County relied on Duke’s private land. He said that the report showed that they needed to prepare voters for Y2K and the $8 million bond package that the County would be asking for. He remarked that the report was packed with information, but the main point was that the County needed to start purchasing land because land was getting scarcer and more valuable.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 15, REFERING THE REPORT TO THE PARKS AND RECREATION COMMISSION, THE GREENWAYS COMMISSION, THE PLANNING BOARD AND THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ACCEPTING THE JOINT MASTER RECREATION AND PARKS PLAN WORK GROUP REPORT AND REFERRING IT TO THE MANAGER, STAFF, THE PARKS AND RECREATION AND GREENWAYS COMMISSIONS AND THE PLANNING BOARD FOR COMMENT (99-9-13/R-15)

WHEREAS, the Joint Master Recreation and Parks Work Group has been meeting over the course of 15 months to compile and prepare its report; and

WHEREAS, the Joint Master Recreation and Parks Work Group has submitted its report to the Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the report and refers it to the Manager, staff, the Parks and Recreation and Greenways Commissions and the Planning Board for comment.

This the 13^th day of September, 1999.

Item 17 — Petitions

a. By the Mayor and Council Members

(1) By Council Member McClintock

Council Member McClintock reported that she and other Council Members had met with the Chamber of Commerce and the Homebuilders Association last spring in order to understand their objections to inclusionary zoning. She explained that the Homebuilders Association were wary of the Town getting a general grant of authority from the General Assembly. She said that Nick Tennyson, representing the Homebuilders, agreed to take back to them a proposal showing that this inclusionary zoning would do X, and require X many units, and have some specifics to it. Council Member McClintock explained that everyone had agreed at the end of the meeting to follow up, but that no one had done so.

COUNCIL MEMBER MCCLINTOCK MOVED THAT SHE OR MAYOR WALDORF WRITE A LETTER TO THE HOMEBUILDERS ASSOCIATION AND THE CHAMBER OF COMMERCE PROPOSING THAT THEY SIT DOWN AND WORK OUT THE DETAILS OF AN INCLUSIONARY ZONING PACKAGE. COUNCIL MEMBER FOY SECONDED THE MOTION.

Mayor Waldorf commented that she would welcome Council Member McClintock to draft the letter, adding that she would share her file on inclusionary zoning with Council Member McClintock.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 18 — Discussion of Items Pulled from the Consent Agenda

4f. Ordinance Establishing Project Ordinance for the U.S. Department of Housing and Urban Development Disaster Recovery Initiative Grant

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE ESTABLISHING THE DISASTER RECOVERY INITIATVE GRANT PROJECT ORDINANCE (99-9-13/O-5)

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

SECTION I

The projects authorized are the Disaster Recovery Initiative Grant activities as approved by the Council on January 11, 1999: 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 Disaster Recovery Initiative Grant. The grant activities include correction of soil erosion and drainage problems at public housing neighborhoods; acquisition of property of flood prone areas; purchase of emergency generator; correction of erosion problems at Chase Park and Elliott Woods; and curb and gutter improvements at Starlite Drive.

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:

Disaster Recovery Initiative Grant $349,041

SECTION IV

The following amounts are appropriated for the project:

Correction of soil erosion and drainage problems

at public housing neighborhoods $180,041

Acquisition of property in flood prone areas $112,000

Purchase of an emergency generator $ 30,000

Correction of erosion problems at Chase Park and Elliott Woods $ 22,000

Curb and gutter improvements at Starlite Drive $ 5,000

Total $349,041

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 within five days of adoption with the Manager, Finance Director and the Town Clerk.

This the 13^th day of September, 1999.

4k Resolution Referring Water and Sewer Management, Planning and Boundary Agreement to the Manager and Attorney for Comment

Council Member McClintock stated that she and Mayor pro tem Capowski had worked for a long time with the other elected bodies on this agreement. She explained that the proposal was for an agreement that would give the Town good growth management by providing the support for land use policies that already were in place in the County. Council Member McClintock suggested that the Council, when referring this to the Manager, stress that this was a good idea and that if the staff saw any problems with it they should come back and suggest to the Council ways to solve them.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION REFERRING THE PROPOSED WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT (99-9-13/R-8)

WHEREAS, the elected boards of Orange County, Chapel Hill, Carrboro and Hillsborough and the appointed Orange Water and Sewer Authority created a Water and Sewer Boundary Task Force in April 1994; and

WHEREAS, the Task Force has completed its work and requests consideration by the Chapel Hill Town Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the proposed Water and Sewer Management, Planning and Boundary Agreement and refers it to the Town Manager and Attorney for a report with recommendations at the November 8, 1999 Council meeting.

This the 13^th day of September, 1999.

5a Final Progress Report on Council Goals and Objectives for 1998-1999

Council Member Brown, referring to goal number four on page four, said that she remembered that the Council had been considering adding small buses to the bus system for areas served by regular routes. She argued that the small buses should serve the transportation system, not directly targeted to areas not served by regular routes. Council Member Brown pointed out that the buses could be used as substitutes at peak hours. Mr. Horton stated that the buses would end up being used for a variety of purposes. Council Member Brown emphasized that it should not then be mentioned specifically for one purpose.

Mayor Waldorf and Council Member Wiggins said that this was just an informal record of a discussion. Council Member Brown said okay, but if this was a guide for how these were going to be used then it needed to be corrected. Mr. Horton assured the Council that the buses would be used for multiple purposes.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN.

The meeting was adjourned at 10:22 p.m.