MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, MAY 20, 1991, 7:30 P.M

Mayor Howes called the hearing to order.

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston and Roosevelt Wilkerson. Council Members Alan Rimer, James C. Wallace and Arthur Werner were absent excused.

Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Howes noted that the Task Force on Violent Crime and Illegal Drug Abuse would be holding a public forum in the Council Chamber on Wednesday, May 22nd at 7:30 p.m. Council Member Wilkerson encouraged all interested parties to attend the forum. Council Member Andresen inquired when the task force would present its report to the Council. Council Member Wilkerson said the report was scheduled to be ready before the end of June.

Regulation of Smoking in Public Places

Mayor Howes said the concept of an ordinance to regulate smoking in public places had been discussed at the Council's planning work session in January. He noted that the Council had given general consent to the concept at that time. Mayor Howes also noted that many other communities throughout the state and nation had similar ordinances. Mayor Howes said he had asked the Town Attorney to further research the matter. He noted that the matter would be referred back to the Attorney and Manager following this evening's public hearing.

Town Attorney Karpinos briefly the purposes of each section of the proposed ordinance, noting that no specific enforcement means or penalties were prescribed in the proposal. He noted that State statutes provided a maximum of a fifty dollar fine or thirty days incarceration for misdemeanor violations such as the proposed smoking ordinance. Mr. Karpinos stated that the Council had the option to set a lesser or civil penalty for violations.

Council Member Preston inquired about the proposal for twenty-five percent non-smoker seating in restaurants. Mr. Karpinos said this was a minimum recommended percentage which could be adjusted upward at the Council's direction. Council Member Andresen inquired about application of the proposed ordinance to bars. Mr. Karpinos stated that individual establishments could determine their own status as a non-smoking bar or otherwise.

Patricia Winslow, a smoker and University of North Carolina graduate, said she believed that the proposed ban on smoking in public places would violate individual rights and focus attention on the wrong issues. She urged the Council not to jump on the bandwagon of matters of national interest. Ms. Winslow said that smokers would choose to spend their money elsewhere if smoking where prohibited at establishments such as University Mall. Ms. Winslow urged the Council to focus its energies on other public policy issues such as smoke from hazardous waste incinerators.

Eileen Fried said she fully supported individual smoker's right to smoke, but felt that non-smokers should not be forced to inhale second-hand smoke against their wishes. Ms. Fried emphasized her right to breathe clean air. She expressed concern that non-smokers were forced to inhale smoke in some situations. Ms. Fried urged the Council to adopt the proposed ordinance regulating smoking in public places.

Kevin O'Neill said that the community faced other problems much more important than smoking in public places. Mr. O'Neill said he

hoped that the Police Department had better uses of its time than citing people for smoking. He expressed concurrence with Ms. Winslow that smokers would elect to frequent establishments were smoking was permitted, in the event that the ordinance were enacted.

Dr. Adam Goldstein, a physician specializing in family medicine, urged the Council to adopt the proposed ordinance. A copy of Dr. Goldstein's remarks is on file in the Town Clerk's Office.

Dr. Ed Shahady said he applauded the proposed ordinance as a potential option for the community. Dr. Shahady said that smoking had undesirable side effects for family members of smokers, including more visits to physicians than non-smoking families. Dr. Shahady said that passage of the ordinance could play a vital role in modifying the behavior of smokers. He urged the Council to adopt the ordinance, as part of former Surgeon General Koop's goal of having a smoke-free society by the year 2010.

Betty Francisco encouraged the Council to pass the proposed ordinance as soon as possible. Ms. Francisco noted that it was particularly difficult for those with respiratory and other health problems to live, work and transact business without being exposed to smoke. She also suggested that the ordinance contain a provision requiring a smoking setback from the doors of public places.

Michael Brough, representing the Tobacco Institute, said his client had asked him to address the technical issues pertaining to the proposed ordinance. Mr. Brough said his client recognized the difficult task of the Council in reconciling the wishes of smokers and non-smokers. He inquired whether the ordinance appropriately addressed smoking in larger places such as University Mall, when contrasted with smoking in smaller venues such as elevators and restrooms. Mr. Brough also questioned whether the provision outlining minimum requirements for non-smoking seating arrangements in restaurants were practical for small establisments of less than fifty seats. He also asked whether provisions of the ordinance were clear and were realistically enforcable. Mr. Brough also questioned whether governmental regulations were the best means to address smoking in public places. Mr. Brough said he would consult with the Town Attorney to outline his concerns.

Judy Wood, a librarian specializing in scientific information, said that scientific literature supported the negative impact of second-hand smoke. Ms. Wood also said that as a member of the natural resources and environmental group of the League of Women Voters, she was aware that tobacco smoke was a strong pollutant contributing to the dimunition of air quality. Ms. Wood urged the Council to adopt the proposed ordinance.

Dr. Robert Wood, a pediatrician, said that second-hand cigarette smoke could be very damaging to children. Dr. Wood also noted the generally damaging effects of nicotine and second-hand smoke to all human beings. Dr. Wood said he strongly supported the passage of the proposed ordinance.

Patti Griffith, representing the American Heart Association, said recent studies had clearly linked the risk of disease to both smokers and those inhaling air containing second-hand smoke.

Noting that the estimated 53,000 annual deaths attributable to passive smoking was one of the most preventable causes of death.

Ms. Griffith said the long-term build up of carbon monoxide from cigarette smoke in one's body reduced the ability to exercise and breathe. Ms. Griffith said that North Carolina chapter of the American Heart Association favored the adoption of the proposed ordinance restricting smoking in public places.

Ken Winslow said that some people chose to smoke cigarettes knowledgably and of their own free will. Mr. Winslow expressed concern that the implementation of an ordinance prohibiting smoking in public places was a potentially polarizing issue. He urged the Council to let the market place decide issues such as the regulation of smoking.

David McGaffigan, Manager of Slugs at the Pines Restaurant,

said his esablishment had chosen not to back a non-smoking ordinance. Mr. McGaffigan said his restaurant chose to voluntarily providing non-smoking areas for their non-smoking customers.

Mayor Howes inquired about the percentage of seats allocated for smokers and non-smokers. Mr. Gaffigan said the distribution differed on a daily basis. He also emphasized that restaurant should be able to determine comfort areas for smokers and non-smokers on an as-needed basis.

Lewis Miles, a life-long asthmatic, said he supported the proposed ordinance. Mr. Miles said he felt strongly about the matter, since smoke was injurious to smokers and non-smokers alike. Mr. Miles also said that tobacco smoke was very irritating to the nose and lungs. He added that many smokers were unaware of the bothersome nature of cigarette smoke. Mr. Miles said that ventilating systems in establishments such as restaurants tended to spread smoke throughout the entire establishment. He also indicated that smoking was an act that should be done in private, so as to not impact the rights of others.

Council Member Andresen said she was fully convinced of the deleterious effect of smoking on public health. She expressed hope that if the Council adopted an ordinance on this matter, it would be practical and enforceable. Council Member Andresen urged Council Members not to act on the matter until the fall. She also noted that the proposed ordinance was not crafted with the consultation of a medical doctor, despite the fact that smoking had practical effects on human health. Council Member Andresen said she was not convinced that requiring a minimum non-smoking seating requirement in local restaurants would have much effect. She suggested that the proposed ordinance receive due consideration prior to possible Council action.

Council Member Wilkerson expressed concern that adequate time was needed for public input on the proposal. He noted that community groups such as hoteliers desired input in the ordinance drafting and consideration process. Council Member Wilkerson said he also understood both sides of the issue as a former smoker. Council Member Wilkerson said he hoped that the Council would take adequate time prior to acting on the matter.

Council Member Herzenberg noted that a previous Council had voted unanimously to ban smoking in the Council Chamber. He noted that this prohibition was linked to the poor health of a former Town Attorney. He urged the Council not to delay consideration of the ordinance indefinitely. Council Member Herzenberg stated that the City of Raleigh was considering a ban on vending machines dispensing cigarettes. He added that the proposed ordinance had been sent back to a Council committee to broaden its scope. Town Attorney Karpinos noted that the City of Raleigh was considering a ban on vending machines. He added that the matter of tobacco sales had not been broached in the Town's proposed ordinance.

Mayor Howes noted that citizens wishing to do so could write to or contact Council Members to express their views on the proposed ordinance. Mayor Howes said that the Council would have to make its judgment on the proposal, keeping open the possibility of another hearing.

Council Member Wilkerson inquired whether the proposed ordinance would be brought back for consideration of the Council prior to its summer break. Mr. Horton said this would be possible. Council Member Wilkerson said it was better to act on the matter prior to the summer break, rather than waiting until the fall. Council Member Herzenberg expressed his concurrence with Council Member Wilkerson. Council Member Preston suggested that the Council might consider waiting until the fall to take up the proposal. Mayor Howes suggested that the Council request that the Manager and Attorney prepare a revised ordinance prior to the break, with possible consideration at that time. He suggested that the matter be considered before the summer break or possibly after Labor Day. Council Member Brown concurred that the proposed ordinance should be considered after the summer break. Council Member Andresen emphasized the need for as much public discussion as possible on the proposed ordinance.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

Downtown Service District Tax Rates and Services

Mr. Horton said that this evening's hearing had been called by the Council on April 8th. He noted that at the time the hearing was called, there had been an expectation that an increase of tax rate to fifteen cents would be requested. Mr. Horton said that the current sentiment was that the tax rate for the district should remain unchanged.

Assistant to the Manager Greg Feller briefly reviewed the history and statutory background of the service district, noting that the district tax rate was $0.07 per $100 valuation. Mr. Feller stated that the district was composed of a mixture of residential and non-residential uses. He also noted that there was no obligation for the Town to renew performance agreements with the Downtown Commission on an annual basis. Mr. Feller said that the notice of the hearing had been mailed to downtown property owners and a notice of the hearing had appeared in the May 12th edition of

The Chapel Hill Newspaper.

Joe Hakan, President of the Downtown Commission, said the Commission's board of directors had decided to withdraw an earlier request for an increased downtown service district tax. Mr. Hakan said the commission requested that the Council maintain current programs for the district during the next fiscal year. Mr. Hakan noted that commission member Ken Jackson had spoken to twenty-three downtown merchants, nineteen of whom supported the efforts of the downtown commission.

Josh Gurlitz said the Downtown Commission had been successful in its programs to date and in coalescing the image of the downtown area. Mr. Gurlitz added that programs such as the visitors center and trolley service had demonstrated benefits to downtown merchants. He also noted that tours of the historic district had been recently initiated as a joint program by the Downtown Commission and Chapel Hill Preservation Society. Mr. Gurlitz said the municipal service tax was a very equitable one, tied directly to levels of services received. He also noted the important role of volunteers in carrying on the role of the Downtown Commission.

Eunice Brock said the downtown area was full of vitality and spirit. Ms. Brock expressed the need for community-wide support of the downtown service district tax. Ms. Brock said she supported the tax as a property and business owner in the downtown area.

_________ Grimbell said he seen a definite improvement in the downtown area attributable to the efforts of the Downtown Commission. He stressed the need to promote the downtown area on a regional basis. Mr. Grimbell said that most merchants on West Franklin Street supported the downtown service district tax as a fair one. He noted that merchants at malls traditionally paid fees to receive marketing by mall public relations staff. Mr. Grimbell said he was receiving great value for a small amount of money.

Mark Collins, a member of the Downtown Commission, expressed his support for continuation of the Downtown Service District.

Sharon Finch stressed the important role of the district in marketing the Town and its downtown area. Ms. Finch noted that the downtown visitor's center had been recently created to serve the informational needs of visitors to the downtown area. She noted that approximately $25,000 of in-kind donations had been made for this project. Ms. Finch thanked the Council for their support of Downtown Commission initiatives.

Anne Robinson, President of the Downtown Chapel Hill Association, stressed the need for continuing operation of a downtown welcome center as a vital economic tool for small business owners. Ms. Robinson said she wholeheartedly supported the efforts of the Downtown Commission.

Debbie Dibbert, a member of the Downtown Commission's board of directors, briefly outlined the commission's proposed budget. She noted that the university and hospital had recently expressed their intention to continue participation in the funding of the downtown trolley program. Ms. Dibbert said the downtown trolley program had been very successful among Town residents and visitors. Ms. Dibbert said it was gratifying to see the renewed commitment of volunteers to the downtown area. Ms. Dibbert said she hoped that the Council would continue to support the efforts of the commission.

Perry Dowd, a member of the Downtown Commission and Downtown Chapel Hill Association, said that the welcome center was a vital tool in the downtown area. She urged the Council to support the downtown service district program.

Robert Humphries noted the long-time commitment of many merchants in the downtown area. Mr. Humphries said the old-fashioned sense of community was at the core of the mission of the Downtown Commission. He stated that over three dozen volunteers had been signed up by the Commission during the past two weeks. Mr. Humphries said that the opportunities in the downtown area provided a wonderful and fulfilling feeling. Mr. Humphries said the Downtown Commission was committed to preserving these feelings.

Bill Loesser said that sales at his bookstore had quintupled over the past ten years. Mr. Loesser said that growth of this magnitude could not have occurred in any other town in the state. He said that it was not right for governments to give money to businesses for their on-going operation. Mr. Loesser questioned whether expenditures for trolleys and sidewalk cleaning in the downtown area were worthwhile. He stated that individual merchants could do a better job of sweeping their own sidewalks. Mr. Loesser also questioned why the visitors center had been opened in the downtown area. He suggested that funding be provided for the university to open its own center. Mr. Loesser expressed concern that property owners in the downtown area were not receiving their money's worth from the district. He also expressed concern about the provision of services to property owners on North Graham Street. Mr. Loesser stated that the proposed funding for the downtown service district would be better expended on public safety personnel.

Betty Cloutier said that trolley tours of the historic district were a successful collaborative effort of the Downtown Commission and Chapel Hill Preservation Society. She also noted that the society was pleased that the Hudson-McDade house had been recently been converted to a downtown welcome center. Ms. Cloutier noted that tours of the historic district would take place through June 26th.

Council Member Brown inquired whether it would be possible to provide an objective assessment of the downtown service district. Mr. Feller responded that it was somewhat difficult to perform detailed cost/benefit analyses with limited resources. Council Member Brown inquired about the merchants association at University Mall. Mr. Horton said that these associations were fairly common at larger shopping centers, charging fees for coordinating maintenance of special facilities and public relations.

Council Member Andresen said she was pleased with the progress of the Downtown Commission. She noted that $20,000 was a relatively small outlay to support the commission's activities. Council Member Andresen emphasized the continuing need for community organizations to work together in coordinating programs such as the welcome center. Noting the land use of several parcels had changed since inception of the district, Council Member Herzenberg suggested that the Council reconsider the existing district boundaries. Council Member Herzenberg suggested that a nominal fee be charged for participation in the historic district trolley tour.

Council Member Preston said she had seen great improvements in the downtown area as a result of the Downtown Commission's efforts. She also noted the vital role of the commission of matching tenants and renters of retail and office space in the downtown area. Council Member Preston inquired about the organization "The Friends of Downtown". Mr. Hakan said that this was a tax-exempt organization formed by the Village Foundation. Council Member Preston expressed concurrence with Council Member Herzenberg that charging a nominal fee such as one dollar would be a good idea for historic district trolley rides.

Responding to Mr. Loesser's earlier concerns, Council Member Wilkerson expressed hope that recognition and attention would be given to the special needs of property owners on North Graham Street. Perry Dowd stressed the importance of merchant involvement in assisting police with crime difficulties. Council Member Wilkerson expressed hope that representatives of the Downtown Commission would attend the meeting of the Task Force on Violent Crime and Illegal Drug Abuse on Wednesday evening. Council Member Herzenberg expressed hope that the commission would be as inclusive as possible in its programs. Mayor Howes stressed the need for accentuating the fact that the Town was the bookstore capital of the Mid-Atlantic states. Mr. Loesser said that a consortium of bookstores had printed a brochure listing stores throughout the state. He noted that the bookstore owners paid for the cost of the brochure.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Mayor Howes noted that the Town was continuing to accept applications for appointment to Council advisory boards and commissions.

Noting that should we be unable to attend the Council's May 28th meeting, Council Member Andresen noted that she had circulated a memorandum to the Council concerning paving at Cedar Falls park, the proposed senior center, and the proposed reclassification of positions.

New Hope Corridor Study

Mr. Waldon said that the New Hope Corridor study presented an exciting and ambitious idea to preserve open space in Orange County, the City of Durham, Durham County and the Town. Mr. Waldon said the staff was recommending referral of the matter to the Town staff, Greenways and Parks and Recreation Commission and Planning Board.

Pearson Stewart said the New Hope Corridor was quite extensive. He showed slides of the location of the corridor and its principal topograhical features. Mr. Stewart noted that the majority of the corridor was located in Durham County and the City of Durham, extending north to Duke Forest and Eno River State Park. Mr. Stewart stated that the New Hope Corridor Study Committee was recommending that the area come under the active jurisdiction of the four bodies of local government for open space and wildlife preservation, with opportunities for active recreation and interpretation. Mr. Stewart noted that the committee recommended that each jurisdiction be responsible for the area in its own jurisdiction.

Mr. Stewart said that the committee recommended that the land be acquired by transfer of development rights, rather than on a fee simple basis. He noted that the transfer of development rights was a much less expensive process. Mr. Stewart briefly reviewed the portion of the corridor located in the Town's jurisdiction, noting that major botancial and wetland areas could be preserved. He suggested that the trail could possibly parallel Interstate Highway 40. Mr. Stewart said that the corridor contained forty-six acres of wildlife area, sixty acres of flood plain and 8,300 feet of active trail within the Town limits. He noted that cost estimates for the trail were in the range of $1.2 to $2.1 million, with acquisition occurring over an extended time period.

Mr. Stewart said the committee recommended that the report be adopted by each of the four jurisdictions, followed by the formation of a joint jurisdiction advisory commitee. Mr. Stewart said the committee's principal role would be to publicize and recommend that the plan continue to be on local public agendas.

Noting the importance of Mr. Stewart's report, Mayor Howes thanked the committee for their work in addressing a matter of great significance to the Town. He acknowledged the work of many dedicated volunteers in devising the New Hope Corridor study commitee report. Mayor Howes noted that he had no quarrel with the committee recommendation of establishing an advisory committee.

Council Member Andresen noted that it was quite unusual for multiple governments to jointly participate in a program of this type. She inquried what would happen if a property owner submitted a development request in the greenway corridor. Mr. Stewart said it would be necessary for the local government to act quickly to acquire the subject property. Mr. Horton said that donation of land would be requested. Council Member Preston inquired how walkers on the trail could cross Interstate Highway 40. Mr. Stewart said that this could be done along Erwin Road. Council Member Herzenberg said he admired the vision of all who had worked on the proposal. He expressed hope that the current and future Councils would move to preserve the New Hope Corridor. Mayor Howes reiterated his support for formation of an advisory group on the matter. Mayor Howes noted that no citizens wished to speak on the matter.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE GREENWAYS COMMISSION, PARKS AND RECREATION COMMISSION, PLANNING BOARD, MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

Mayor Howes noted that the Council would next meet on Tuesday, May 28th.