MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL, NORTH CAROLINA, MONDAY, FEBRUARY 17, 1992

Mayor Broun called the hearing to order.

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Arthur Werner and Roosevelt Wilkerson, Jr. Council Member Alan Rimer was absent excused. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Manager Sonna Loewenthal, Public Works Director Bruce Heflin, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Broun briefly reviewed the agenda and requested that speakers sign up with the Town Clerk.

Item 1 Public Hearing on Pilot Curbside Program

Town Manager Horton noted that the Council had authorized initiation of a pilot curbside rollout refuse collection program in the fall of 1990. He said a survey would be distributed to citizens during the next week.

Mr. Heflin briefly reviewed the staff report before the Council. He said that six major factors were reviewed in the report. Mr. Heflin stated that a survey had been designed and would be distributed to residents of the five hundred and eighty-five homes served by the pilot program. He said a follow-up report would be provided in March. Mr. Heflin noted that homes in the pilot area were being served more efficiently. He said a total of twenty-two complaints had been received during the pilot program. Mr. Heflin reported that recycling participation was 66% before the program and 71% during the study period, though no cause and effect relationship was assumed. Mr. Heflin stated that 38, or 6.5% of homes served, requested exemptions. He noted that staff was uncertain about the likely exemption rate for a town-wide program. Mr. Heflin said some residents had expressed concern about the appearance of rollout carts. He stated that no attempt had been made to enforce compliance with rolling carts away from the street. Mr. Heflin said that over a three-year period, savings would accrue to the Town. He noted the estimates were based on preliminary budget information for 1992-1993. Mr. Heflin said the pilot program had generally been a positive experience.

Council Member Andresen inquired how citizens in the pilot area had been notified. Mr. Heflin said the notices had been hand delivered to each home in the area. Council Member Andresen inquired how the surveys would be distributed to homeowners. Mr. Heflin said the surveys would also be hand-delivered.

Bill Oppold, a resident of Coventry Townhomes, said the rollout system worked well at Coventry. He stated that once per week pickup was adequate if a person recycled. Mr. Oppold said he recommended initiation of once per week curbside collection.

Bill Cherry, a resident of the Town since 1951, said he estimated that approximately seventy percent of his neighbors were elderly persons. He said the topography of his neighborhood was quite steep. Mr. Cherry said refuse collectors currently crossed back yards to pick up trash receptacles. He stated that roll carts were quite unsightly at times. Mr. Cherry suggested that the Town reduce backyard collection to once per week, rather than initiating a curbside collection program.

Lucy McKerrow said she opposed the rollout collection program. She said numerous recycling programs were available in the community. Ms. McKerrow suggested that the Town cut back to once per week rearyard collection. She requested that the Council keep the Town a beautiful place.

Judith Wood, 9 Mount Bolus Road, said she had only needed to put her rollout cart three times during the pilot program. Ms. Wood said it was difficult to take her recyclables to the curb. She suggested that the Town provide a cart for moving recyclables. Ms. Wood, speaking as Chair of the League of Women Voters Solid Waste Reduction Committee, said the League encouraged the reduction of excess packaging and increased reuse. She noted the need to reuse and recycle. Ms. Wood said the League recommended aggressive educational efforts, with emphasis on reduction at the source and recycling programs. She said a meeting on the matter would be held on the matter on March 26th at 7:30 p.m. in the Council Chamber. Ms. Wood suggested that mandatory recycling or fair share programs should be investigated. She stressed the need for an integrated solid waste management plan.

Richard McAnally, 409 Brookside Drive, said he strongly opposed the program on the basis of appearance. Mr. McAnally said there was an increased upward trend in carts being left at curbside, rather than rolled back up driveways.

Charles Malone, 40 Cedar Street, said he favored the program. Mr. Malone said his driveway was level and his house was about one hundred feet from the curb.

Art Dodd said he concurred with Mr. Oppold's remarks. He said carts were too large for single-family residences.

George Small, 403 Wesley Drive, said he found the rollout program had been adequate for his family's needs. Mr. Small said he echoed Ms. Wood's comment that it was more difficult to take out recyclables to the curb. He stated that a savings could be achieved while providing an adequate level of service.

Dan Coleman said he had spoken to staff inquiring whether savings figures took into account savings from reduced injuries to staff. Mr. Coleman said he hoped the Council would request that the Council direct the staff to include this factor into its follow-up report to the Council. Mr. Coleman suggested that a fee-based structure be used to help reduce the amount of waste disposal. He also noted that most of the complaints about the rollout program related to the difficulty of rolling carts to the curb. Mr. Coleman said that waste reduction programs could be beneficial in addressing this situation. He expressed hope that the Council would implement the recommendations of the solid waste reduction task force.

Roland Giduz said he enjoyed the good services provided by the Town. Mr. Giduz stated that he had written extensively in opposition to a reduction in refuse collection service. Mr. Giduz said he believed that the rollout program was a fair one that he understood the necessity for. He said he would support the program on the basis that the Town would save money, rather than implementing new programs. Mr. Giduz said it would be a wonderful ideal to achieve a reduction in the Town's overall tax rate.

Henry Whitfield said that the residents of Coventry paid $40 per month to have their carts rolled in from the curbside. Mr. Whitfield said he was particularly concerned about the appearance of the community. He stated that roll carts often rolled or tipped over in windy conditions. Mr. Whitfield said the estimated savings for a $125,000 home would be $9.70 savings per year. He noted that many residents in his neighborhood were elderly persons. Mr. Whitfield suggested that the Town concentrate on waste reduction programs rather than changing the existing method of refuse collection. He suggested that the Town initiate an oil recycling program at a number of sites. Mr. Whitfield said the existing refuse collection system was working well.

Don Stanat said he opposed the program on the basis of appearance. Mr. Stanat stated that he was willing to pay to have someone else handle his refuse collection. He said the rollout carts were poorly designed. Mr. Stanat said the cart needed larger wheels and a smaller capacity.

Milton Van Hoy, a member of the Appearance Commission, said the commission had sent out observers to the pilot neighborhoods. He said the commission suggested that some sort of enforcement mechanism would help in improving the community's appearance.

Milton Heath said he opposed curbside collection. Mr. Heath said he had significant concerns about public health nuisances that would arise from the proposed curbside refuse collection program. Mr. Heath said he was especially concerned about physical characteristics and occupancy patterns in the center of the Town. He stated that the Council had been given a strong signal during the last local election not to reduce necessary services. Mr. Heath said the trial area was atypical of the Town as a whole. He stated that the trial had not been a fair one. Mr. Heath emphasized the importance of participation in voluntary recycling programs. He urged the Council to maintain the existing refuse collection system.

Betty Maultsby said it was counterproductive and inefficient to change the method of collection without a solid waste management plan for the Town. She requested that the Town postpone its decision on the program until it could be fit into such a management plan. Ms. Maultsby said that six percent of residential waste is currently being recycled in the area. Ms. Maultsby said she favored a curbside bag program, requiring only one trip to the curb, rather than two. She suggested that the Town could consider a gradient exemption program to address individual situations.

Katherine Emerson, 130 Lake Ellen Drive, noted that she did not live in the pilot program area. Ms. Emerson stated that she was interested in attaining good services while keeping costs low. She said recycling, reuse and composting were the least objectionable means of waste reduction. Ms. Emerson expressed concern that it was easier to throw many items away, rather than recycle. She requested that the Council consider the solid waste reduction task force report and adopt some of its goals as soon as possible.

Jean Freedman expressed concern about the appearance of the proposed roll cart canisters. Ms. Freedman suggested that the Council consider twice a week pick-up with a smaller container or offer a variety of sized containers, based on the needs of individual households. She requested that a curbside bag program not be implemented due to concerns about tearing.

Clifford Sturdevant, 527 Dogwood Drive, said he was disconcerted about the proposed rollout refuse collection program due to appearance concerns. Mr. Sturdevant said there were no sidewalks in his neighborhood. He suggested that the Town conduct a referendum on the proposed program.

Bonnie Olsen, a resident of the Colony Heights neighborhood, said the program was an aesthetic improvement.

Dan Murphy said he favored sound ecological practices and was opposed to the pilot program. Mr. Murphy suggested a once per week rearyard refuse collection system. He also suggested that the Town institute a mandatory once per week rearyard recycling program.

Council Member Andresen inquired whether the public record could be kept open on this matter. Mr. Horton said yes. Council Member Andresen said she had not favored the pilot program. She said the Council was dealing with a basic service issue. Council Member Andresen said although the program might result in reduced costs, it might not necessarily reduce the amount of refuse in the Town's waste stream.

Council Member Wilkerson said he concurred with Council Member Andresen's remarks. He suggested that the Council consider once per week rearyard refuse collection. Council Member Wilkerson also noted the need to establish an integrated methodology for solid waste management. He noted that the recycling program drove the Town's overall waste disposal costs. Council Member Wilkerson stressed the importance of having an integrated program to present to the community in the future.

Council Member Werner noted that he had favored the pilot program. He said that the public's mix of comments this evening was generally positive. Council Member Werner said that he was encouraged by this response.

Council Member Brown suggested that several items be added to the proposed survey concerning the size of the proposed containers and the frequency of rollout of carts. She said this information would be useful to the staff and Council. Council Member Brown thanked this evening's speakers for their interesting ideas. Council Member Brown questioned the statement that the recycling program

drove the Town's overall waste disposal costs and inquired about the cost of the Town's overall solid waste programs.

Council Member Capowski said there was a lot more time for feedback on this matter. He stated that an owner of a $150,000 would realize a savings of $39 per year if the Town shifted from twice per week rearyard collection to once per week curbside pickup. Council Member Capowski requested additional information on the option of once per week backyard pick-up. He also requested information on the feasibility of different-sized roll carts. Council Member Capowski requested that the staff investigate the design of the current roll carts. He also requested additional crime statistics related to the roll cart program.

Council Member Herzenberg noted that four of the six pilot program area residents had favored the program. He said the issue was clearly an emotional one. Council Member Herzenberg noted that some residents would be unhappy regardless of what decision was made by the Council and that some might be very unhappy.

Council Member Andresen inquired about the possible timeframe for an integrated waste management plan. Council Member Andresen requested information on specific problems which had been encountered in the pilot program. She suggested that a poll or referendum on this matter might be useful.

Council Member Chilton said some residents of the pilot area found that the roll carts were not large enough. He expressed support for a Town integrated waste management plan. Council Member Chilton requested that the staff outline whether unit based systems or pay-as-you-throw would be precluded by a curbside program. He noted that as an apartment resident, he currently had to carry his recyclables to a drop-off site.

Mayor Broun requested a staff analysis of the pilot neighborhoods in terms of judging the success of the program to date. Mayor Broun requested that the staff report on an integrated management plan outline a number of scenarios and alternatives.

Council Member Herzenberg inquired about the projections for expanding recycling programs to areas not currently covered.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO REFER THE MATTER TO THE MANAGER.

Council Member Andresen inquired when the Council would deliberate on this matter. Mr. Horton said he would bring back a report to the Council in March. He stated that the Council could consider discussing the curbside collection program within the context of its budget discussions or quarterly planning sessions. Council Member Brown suggested that staff check with other communities about curbside bag and varied-size container programs. Mr. Horton said the staff would follow-up on these matters.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

Annexation Area #1

Long-range planning coordinator Chris Berndt briefly reviewed the annexation process. She noted that a resolution of intent had been adopted on November 25, 1991, describing the areas under consideration this evening. Ms. Berndt said annexation reports had been prepared in January, 1992. She said this evening hearings had been advertised and noticed as required by State statute. Ms. Berndt said area 1 included Phases 3 and 4 of Southbridge subdivision and adjoining right-of-way along N.C. 54. She said land use in the area was generally residential and that no additional water or sewer main extensions would be needed. Ms. Berndt noted that annexation area 1 met all state annexation requirements and intents. She stated that the area would receive services comparable to those currently provided by the Town in other areas. Ms. Berndt noted that the proposed annexation area was currently served by the Carrboro Fire Department. She said the proposed effective date of annexation of June 30, 1992. Ms. Berndt requested that the evening's agenda materials be entered into the record of the hearing.

Mr. Weiss said he was grateful that the Town was annexing this area. He inquired whether anything could prevent the proposed annexation. Mr. Karpinos said the annexation could be postponed if a lawsuit were filed.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Annexation Area 2

Ms. Berndt requested that the agenda materials and annexation report be entered into the record of the hearing. She said the proposed annexation area included the Morgan Run and Culbreth Park subdivisions. Ms. Berndt said development in the area was primarily residential and no water and sewer main extensions were proposed. She said that state tests for annexation had been met. Ms. Berndt said area 2 had been divided into areas 2a and 2b to satisfy alternative state annexation requirements. She said services to the area would be provided in substantially the same manner as to other areas of the Town. Ms. Berndt said the effective annexation date for area 2 was June 30, 1992.

Council Member Andresen inquired area 2a was the Culbreth Park subdivision. She inquired about the scope of area 2b. Ms. Berndt said this area was principally the Morgan Run subdivision. Council Member Wilkerson inquired whether the current owner of annexation area 2b was Culbreth Park. Ms. Berndt said this was correct. Council Member Capowski inquired why an area contiguous to area 2b had been omitted from the proposed annexation. Ms. Berndt said the area was currently undeveloped and did not meet urban tests for urban development annexation requirements. She introduced Rob Wilson, a new member of the Town's planning staff.

Drew Zimmermann expressed appreciation for making homeownership possible for her. Ms. Zimmermann said she could not afford to be annexed into the Town due to tax and mortgage increases. She said that many residents of Culbreth Park subdivision were living on very tight budgets. Ms. Zimmermann requested that the Council not place additional property tax burden on area residents. She expressed concern that real estate agents had not informed Culbreth Park residents that annexation would occur after build out of the subdivision for five years.

Adele Neumann said Culbreth Park residents were happy with their homes and the Town's homeownership program. Ms. Neumann said the purpose of the Culbreth Park program was to provide homeownership opportunities that would not have otherwise been available. She stated that an increase in taxes might make the homes unaffordable for some residents of the area. Ms. Neumann presented a petition signed by eighteen out of twenty Culbreth Park homeowners opposing the proposed annexation.

Council Member Andresen inquired whether the staff or Culbreth Park developers had taken into account the timing of annexation for area number two. Council Member Andresen said she understood that the proposed annexation posed financial hardship for some owners in the area. Mayor Broun requested an economic impact analysis for area residents. Council Members Andresen, Brown and Werner expressed their concurrence. Council Member Capowski expressed concern that Culbreth Park homeowners did not appear to be aware of the possibility of annexation.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE TOWN MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Annexation Area 3

Ms. Berndt said area three consisted of phase two of Chandler's Green subdivision. She said no water and sewer extensions were proposed and development in the area was primarily residential. Ms. Berndt also said the proposed area met state annexation requirements. She noted that the annexation area would receive services similar to those in other areas of the Town. Ms. Berndt said insurance ratings for homeowners would go from a nine to a three, reducing homeowners rates. She stated that the effective annexation date was June 30, 1992. Ms. Berndt requested that the annexation report and agenda item be entered into the record of the hearing.

Mayor Broun noted that no citizens wished to speak on this matter.

Council Member Capowski inquired about property contiguous to the proposed annexation area. Ms. Berndt said these were future phases of Chandler's Green subdivision. Council Member Capowski inquired whether these proposals were under review. Ms. Berndt said this was correct. Council Member Capowski inquired whether the Rocky Hill subdivision was in the Town limits. Ms. Berndt said it was not.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE TOWN MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Church Reference and Signs

Planning Director Roger Waldon briefly reviewed the proposed development ordinance text amendments concerning definitions and sign references. He said the first proposal was to change the term "church" to "place of worship". Mr. Waldon said the second proposed change was to allow places of worship to have greater flexibility in types of information which could be placed on their signs and to allow changeable messages. He said the staff and Appearance Commission recommended these changes.

Martin Rody, representing the Planning Board, said the Board had reviewed the matter on February 4th. He said the Board unanimously recommended the proposed changes.

Milton Van Hoy, representing the Appearance Commission, said the Commission recommended the proposed amendments.

Council Member Werner inquired about the definition of "place of worship". Mr. Waldon said this definition was listed on page five of the staff's memorandum. Council Member Werner inquired whether the amendment applied to religious organizations that held services in different buildings not owned by the religious organization. Mr. Waldon said the staff would address this matter in its follow-up report to the Council.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The hearings concluded at 9:22 p.m.