MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN

OF CHAPEL HILL, NORTH CAROLINA, MONDAY, NOVEMBER 23, 1992

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Barbara Booth-Powell, Joyce Brown, Mark Chilton, Joe Herzenberg, Alan Rimer and Arthur Werner. Council Member Joe Capowski was absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Planning Coordinator Chris Berndt and Town Attorney Ralph Karpinos.

Mayor Broun called on Mr. Horton to provide an update on Hillsborough tornado relief efforts. Mr. Horton noted that Fire Chief had been asked to assist in the Orange County Emergency Operations Center. He added that Town staff had met with Orange County, Town of Hillsborough and other officials to being assisting with clean-up work. Mr. Horton stated that eight Town police officers, nineteen Public Works employees and twenty-five pieces of heavy equipment were assisting in clean-up efforts. Noting that the Town of Hillsborough had been of assistance to the Town in the past, Mayor Broun said he was glad the Town could also provide help.

Nancy Preston welcomed Barbara Booth-Powell to the Council. Ms. Preston expressed regret about the tragic events in Hillsborough earlier in the day. Ms. Preston read the following petition concerning funding of Bicentennial Committee programs:

"We come before you this evening on behalf of the Town of Chapel Hill Bicentennial Committee. We are at this point half-way to the beginning of our celebration of Chapel Hill's 200th birthday. As you are aware our committee was appointed by the Town in April of 1991 and since then has been busy developing and refining our plans. If you read the documents we have included with our petition you will see that we have some exciting and worthwhile activities in the making."

"The basis for two of the projects, the original drama and our festival day called "Chapel Hill Revisited," is a book which is being written by a group of local historians, members of the Chapel Hill Historical Society who have access to their archives. It will delineate and identify interesting, noteworthy and important citizens who have contributed to the history of Chapel Hill over its 200 years. The book will be published to serve not only as documentation but as a collector's item commemorating this time in Chapel Hill's development."

"The plans for our five entranceway markers are nearing completion. We are hoping to bring more before you about this in early 1993. We are working on this project in conjunction with the Chapel Hill Appearance Commission and hope that the majority of the markers will be in place by the summer of 1993 so the planting can begin in the fall of that year."

"We have begun planning for publicity and finances. But it is clear that before we proceed any further we must appeal to you for funding to underwrite our activities. It is difficult to assign precise amounts to the various activities as there are many variables at this point. We plan to solicit in-kind and monetary donations from businesses, corporations, civic clubs and individuals. We feel very strongly that before we begin that process the Town which created the committee should show support. The University has pledged some help for us: $1500 for the entranceway markers, $7500 for the day of celebration and $1000 for the drama programs. Since our last efforts at costing, the entranceway markers show they will be at least $5000 each or $25,000. As seed money to set in motion the day of celebration, publicity and marketing, we would estimate another $5000. Therefore, we request an allocation to our budget of $30,000 from the Town of Chapel Hill."

"In considering our request, please remember that this is a once-in-a-lifetime occurrence. We dare say not one of us here tonight will be in place to celebrate another centennial! Additionally, we hope to touch every one in some way and to bring in all who are willing in our community to be involved. Our goal is to educate our citizens about our Town and to celebrate its many unique and special qualities. We need your help."

Council Member Andresen said she appreciated the committee's energy in coordinating the proposed celebrations. She inquired about the proposed design of Town entranceway markers. Ms. Preston said only very general discussion of designs had occurred to date. Council Member Andresen said it would be a good idea for the Council to see a sample of the marker design prior to its final design approval. Ms. Preston said discussion to date had primarily focused on possible sites for locating markers. Council Member Andresen suggested that staff look at landscape maintenance needs associated with the proposed markers. Council Member Werner inquired when the funds were needed. Ms. Preston said as soon as possible. She added that event publicity and marketing would begin shortly.

Council Member Werner asked when funds were needed for the acquisition of entranceway markers. Ms. Preston said approximately six to eight weeks were needed to get in the markers in place. Council Member Booth-Powell asked if the Committee had a goal for in-kind donations. Betty Caldwell said this was somewhat contingent on the Town's level of program funding. Ms. Preston said she hoped in-kind donations would be as generous as possible. Council Member Brown asked whether it was correct that the Committee had not requested full program funding from hotel-motel tax funds. Ms. Preston said the Committee had been circumspect in its initial request, realizing that other groups were also interested in the hotel-motel tax funds. Council Member Herzenberg stated that even if there were no bicentennial celebration, markers were needed to delineate the Town's limits.

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

Steve Wallace said he wished to address effective drug education in area schools. Mr. Wallace said effective programs were needed to curtail increasing drug usage by adolescents. He advocated the use of the State of North Carolina's Alcohol and Other Drugs (AOD) Program. Mr. Wallace briefly reviewed the programs curriculum and goals. He requested that the Council have Town staff evaluate the curriculums of the DARE and AOD programs.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE YOUTH COMMITTEE OF THE VIOLENT CRIME AND ILLEGAL DRUG ABUSE PROGRAM.

Council Member Werner said he felt very strongly that the Town should not tell the School Board how to conduct its programs. Mayor Broun expressed his concurrence, noting that school system involvement was being encouraged in the Community Response Program. Council Member Brown asked whether the designation of a drug education program was a School Board choice. Council Member Werner said this was correct.

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

Mr. Wallace said he intended to volunteer his services to the School Board to assist with drug education programs.

Council Member Herzenberg stated that seventy gay and lesbian elected officials who had visited the Town this weekend wished to express their thanks to the Town and Mayor Broun for their hospitality.

Item 4 Boards and Commissions

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO NOMINATE ALL APPLICANTS TO THE BOLIN CREEK GREENWAY ADVISORY COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

BILL MULLEN WAS UNANIMOUSLY APPOINTED TO THE APPEARANCE COMMISSION. VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Council Member Andresen noted that the activities of the Orange County Visitor's Service Bureau Board of Directors were off to a good start. She added that the board met at least once per month. Council Member Andresen asked Mayor Broun to determine whether another Council Member wished to serve on the Board. Council Member Andresen indicated that she would be willing to serve as an alternate representative or share the post with another Council Member. Council Member Herzenberg said he would be willing to continue to serve as the alternate Council representative. Council Member Andresen said she was willing to continue to serve as the Town's representative, with Council Member Herzenberg serving as alternate.

THE COUNCIL APPOINTED COUNCIL MEMBER ANDRESEN AS REPRESENTATIVE AND COUNCIL MEMBER HERZENBERG AS ALTERNATE REPRESENTATIVE TO THE ORANGE COUNTY VISITOR'S SERVICE BUREAU BOARD OF DIRECTORS BY ACCLAMATION.

Item 5 Erwin Village Financing

Planning Coordinator Chris Berndt said the purpose of this evening's review was to consider amending the financial plan adopted by the Council on June 22nd. Ms. Berndt stated that actual site improvement costs were higher than originally estimated. She stated that the Council was being asked to consider increasing the Town's contribution to the Erwin Village program from $160,000 to $190,000. She added that only a portion ($93,000) of these funds would be recovered. Ms. Berndt presented a brief overview of the project's estimated costs and sources of funds. She added that the proposed $92,000 per unit sales price was less than the anticipated cost of $97,000 per unit construction cost. Ms. Berndt also noted that under no circumstances could houses be sold for more than $94,000 each. She added that the staff proposing allowing a maximum of $1,150 in owner options per house. Ms. Berndt said adoption of Resolution 1 was recommended.

Keith Aldridge, Chair of the Board of Directors of the Orange Community Housing Corporation, said many issues had been ironed out between the Town and Orange Community Housing Corporation (OCHC) staffs regarding the proposal. Mr. Aldridge noted that some unresolved matters with the current property owner might result in cancellation of the project. He stated that OCHC favored the provision of up to $3,000 per unit in options to provide greater flexibility in selling the homes.

Council Member Werner inquired about the impact of the options limit on the selling price of each house. Mr. Aldridge said the only impact was in how the Town's contributions could be used in the program. Council Member Werner requested additional information concerning the possible need for project cancellation. Mr. Aldridge said that State funding guidelines made it necessary to get the seller to reduce their asking price for land or reappraise the value of the property. Council Member Werner inquired about proposed funding sources for the project. Mr. Horton said $100,000 would be from the affordable housing allocation with the balance from the Town's recent sales tax proceeds set aside for water and sewer facilities. Council Member Werner asked whether there were any other competing plans for these funds. Mr. Horton said the water and sewer tax funds could possibly be used to assist persons in securing water and sewer system hook-ups. He noted that efforts to leverage these funds with local financial institutions had not borne any fruit to date.

Council Member Werner inquired when the construction loan would be repaid to the Town. Mr. Horton said this would occur over a two-year period as home sales occurred. Council Member Werner asked whether it was possible that the money would take ten to twenty years to repay. Mr. Horton said this was correct. Noting that the Town was in effect being asked to make a grant of $183,000, Council Member Werner inquired what the additional $93,000 in grants would have been used for. Mr. Horton said these funds would likely have been put into the Town's General or Housing Fund. Noting that a subsidy of approximately $9,500 per house was being requested, Council Member Werner inquired about the amount of subsidies for the Tandler and Culbreth Park homes. Ms. Berndt said between $22,000 and $28,000 in second mortgage subsidies per home was offered for Tandler, while about $14,000 per home was offered for Culbreth Park. She stated that estimated total subsidies for the Erwin Village homes would be approximately $24,000 per home.

Council Member Werner inquired about the status of a payment-in-lieu for parkland. Mr. Horton said this payment still needed to be made. Council Member Werner asked why estimated costs were higher than anticipated. Noting that funding had been denied by the State Housing Finance Agency, Mr. Aldridge said a number of factors contributed to the higher costs, including the increased cost of building materials after Hurricane Andrew. Council Member Werner asked whether estimated costs had been considered when the special use permit was considered. Mr. Horton said yes. Council Member Werner inquired whether the revised estimates were firm. Mr. Horton said the revised figures were not necessarily firm. He added that a modest contingency was available.

Noting that the maximum home price would be $94,000, Council Member Andresen asked whether the Town would have to pay for cost overruns. Mr. Aldridge stated that there was a project contingency of approximately $100,000. Council Member Andresen asked how much would remain in the Town's water and sewer fund if the project were approved and funded. Mr. Horton said $80,000. Council Member Andresen said she was concerned about additional unanticipated costs. Council Member Herzenberg asked whether the Town had donated land for the Tandler program. Mr. Horton said this was correct. Council Member Brown inquired about the likelihood of recovering some of the Town's funds from the project. OCHC Executive Director Donna Dyer stated that a fixed-price contract for site work had been negotiated. She added that efforts would be undertaken to protect against large cost overruns. Council Member Brown asked whether OCHC would reapply for State funding for the project. Ms. Dyer said the Corporation would reapply in the near future. Council Member Brown asked if scaling back on some items would reduce costs. Ms. Dyer said although costs could be reduced, there were a number of other factors to be considered.

Mayor Broun asked whether there was any reason that the Council had to reach a decision on the request this evening. Ms. Dyer said she was concerned about delaying site construction and possibly losing the fixed-price contract for site improvements. Mayor Broun said the Council was being asked to take action of a very different kind than originally requested. Mayor Broun said although he generally supported the project, he was concerned about tying up such a large amount for such a long time in a single project; he preferred to have the staff review other possible uses of affordable housing funds. Council Member Andresen asked whether the property's price had been fixed. Mr. Aldridge said a price had been set but exceeded the property's appraisal. He added that the appraisal needed to be revised. Council Member Werner said although he understood Ms. Dyer's desire to move ahead, he strongly favored deferring the matter until the next meeting on December 7th. Council Member Andresen said she supported this approach. Council Member Chilton said the Council needed to proceed with the request this evening. Council Member Chilton said he did not wish to jeopardize the proposal by delaying a decision.

Council Member Brown asked whether postponing the matter would affect land negotiations. Mr. Aldridge said he believed that land negotiations would be hurt by delaying the decision. He noted that the fixed-price contract for the land might be extended by the owner. Mr. Aldridge said the lots would sell for $77,000 each if they were constructed in Durham's city limits. Council Member Andresen said she wanted figures which were as hard as possible prior to making a final decision. Mayor Broun said postponing the decision to have additional time for contemplation appeared to be preferable. Council Member Chilton reiterated his earlier suggestion of acting on the matter this evening since the project's figures might be less certain in two weeks. Council Member Andresen said the possible change in figures suggested that the Council proceed cautiously and not act on the proposal this evening. Noting that Town housing costs were expensive, Council Member Werner said the project's figures were only marginally firm up to a point. He added that the project contribution being requested had almost tripled. Council Member Werner suggested delaying the matter until the next regular meeting.

Council Member Rimer expressed his concurrence to postpone consideration of the matter. He inquired how much would be lost if the project were not approved. Mr. Aldridge said OCHC had invested $45,000 in the project to date. Council Member Brown inquired about the impacts of a delay and possible denial on the OCHC board. Mr. Aldridge said the $45,000 lost would be lessons for the future. Council Member Booth-Powell inquired what guidelines were used in low-income housing. Mr. Aldridge said Erwin Village was not intended to be a low-income housing project. He added that the project was a first-time homebuyers project.

Ms. Dyer said low-income was defined as eighty percent of the median income and below, currently $36,160 or less per year for a family of four. She noted that an income of at least $24,000 to $26,000 would be needed to make the estimated $650 per month mortgage payments for Erwin Village homes.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECONSIDER THE MATTER AT THE DECEMBER 7TH MEETING AND DIRECT STAFF TO ADDRESS ISSUES RAISED THIS EVENING RELATIVE TO THE REVISED ERWIN VILLAGE FINANCING PROPOSAL.

Council Member Herzenberg said if the motion to postpone passed, he hoped other conditions to move ahead with the project would be propitious.

THE MOTION TO POSTPONE PASSED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS BROWN, CHILTON AND HERZENBERG VOTING NO.

Item 6 Energy Efficiency

Council Member Brown said the Citizen's Energy Task Force was a small and dedicated group. She noted that Task Force members Jane Sharp, Martha Drake and Arthur Dodd were in attendance this evening. She added that Walter Johnston, an international energy efficiency expert and consultant to the task force, was also in attendance this evening.

Jane Sharp presented an overview of the task force's report and findings. Ms. Sharp said she was impressed by the task force's talents. She stated that the Citizen's Energy Task Force requested referral of the matter to the Manager. Council Member Brown said she had been remiss in not introducing Fields Services Superintendent Bill Terry, staff support for the Task Force, earlier.

Expressing her appreciation for the committee's work, Council Member Andresen about the proposed future role of the Task Force. Ms. Sharp said the Task Force could be instrumental in encouraging the implementation of programs resulting in energy savings. Council Member Andresen asked whether other Town buildings would be evaluated for possible energy savings. Ms. Sharp said the group's primary role would be to support recommendations for energy-saving expenses. Council Member Andresen said it might make more sense to determine the committee's future role after the Manager had reviewed and commented on the proposal. Council Member Rimer asked whether it was correct that the Task Force was recommending that the Town not participate in the Environmental Protection Agency's Green Lights Program. Ms. Sharp said this was correct. Council Member Rimer said participation in the Green Lights Program would give the Town some recognition for its energy-saving efforts. He indicated that the EPA was trying to minimize bureaucracy in its Green Lights Program. Ms. Sharp said although she understood Council Member Rimer's position, the Task Force felt the Town would be better to initiate its own energy savings programs rather than join the EPA Green Lights program.

Mr. Johnston, a member of the EPA Green Lights Advisory Council, said many organizations declined EPA Green Lights membership on the basis of excess paperwork. He noted that program paybacks could be seven to eight years or longer.

Art Dodd said there were not adequate Town staff resources to follow-up as a liaison to the Green Lights Program. He said the Task Force would continue to explore the best opportunities for energy savings.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BOOTH-POWELL TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 7 Tree Protection Ordinance

Planning Director Roger Waldon noted that the Ad Hoc Tree Committee had monitored and reviewed the Town's Tree Protection Ordinance. He added that the Council had recently held a public hearing to consider comments on proposed changes to the ordinance. He stated that adoption of Ordinance 1 and Resolutions 3a and b were recommended.

Council Member Herzenberg said although he supported a good deal of the proposal, he found the proposed change in surveying standards to be troublesome. He expressed concern that the provision concerning surveying standards was not specific enough.

Council Member Andresen said the ad hoc Tree Committee had done a good job. She expressed support for disbanding the Committee, with possible reexamination of the ordinance's effectiveness by the Council sometime in the future. Council Member Herzenberg noted that the Committee had been created to serve for a period of five years. Council Member Andresen said she thought that five years was too long. Council Member Werner said he did not see a compelling reason to change the Tree Ordinance concerning removal of trees. He suggested that the ordinance continue to be titled as the Tree Protection Ordinance. Council Member Rimer said as a registered land surveyor he saw no compelling reason to change the maximum size of a tree that could be cut down for surveying without special permission from 6" diameter at breast height to 12". He encouraged the Council not to make this change. Council Member Chilton said a fundamental problem was that the six-inch deviate was relative to the type of tree involved. He suggested that more specific guidelines were needed. Council Member Chilton stated that more sensitivity was needed in protecting other species of trees.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 1, DELETING THE WORDS "AND LANDSCAPE" FROM THE TITLE OF THE PROPOSED ORDINANCE AND MAINTAINING THE WORDS "NO TREE GREATER THAN SIX INCHES", RATHER THAN CHANGING THEM TO "NO TREE GREATER THAN TWELVE INCHES" IN SECTION 11.4.3 OF THE ORDINANCE.

Council Member Brown inquired whether flagging would be used more often than fencing to protect trees. Mr. Waldon said this was correct. Council Member Brown inquired how large trees would be protected. Curtis Brooks said rare and specimen trees and landscaping for buffering would be protected by fencing. Council Member Booth-Powell said that the proposed six-inch threshold might be more restrictive than intended in some cases. Mr. Brooks said the proposed restriction was not intended to prevent the removal of pine trees on a heavily-wooded site. He added that it would be fairly difficult to enforce guidelines for removal of plants and trees by size and species; he could not tell the species from the remaining stump.

Council Member Brown said that she had heard comments that some trees which had been turned over from developers to contractors had died within four to five years of planting. She inquired whether the Committee come make some suggestions to address these situations. Mr. Brooks said discussions by the Ad Hoc Tree Protection Committee had emphasized the importance of educational programs. He added that the review of proposed designs early in the process also worked well. Council Member Rimer said although the Sierra Club had offered thoughtful comments on the proposed ordinance changes, it was somewhat ironic that the comments were distributed on paper which was difficult to recycled due its dye content.

THE MOTION TO ADOPT ORDINANCE 1 AS AMENDED WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE AMENDING THE DEVELOPMENT ORDINANCE PROVISIONS REGARDING TREE PROTECTION (92-11-23/O-1)

WHEREAS, the Council adopted a Tree Protection Ordinance on October 23, 1989; and

WHEREAS, the Ordinance provided for an Ad-Hoc Tree Committee to review its effectiveness and recommend amendments to the Ordinance; and

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Development Ordinance to adjust the tree protection provisions as recommended by the Ad-Hoc Tree Committee, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED as follows:

SECTION I

Amend Article 11 of the Chapel Hill Development Ordinance to read as follows:

ARTICLE 11 TREE PROTECTION

11.1 General Provisions

11.1.1 Short Title

This Article shall be known and may be cited as the Chapel Hill Tree Protection Ordinance.

11.1.2 Finding

The Council finds that:

(a) Chapel Hill is blessed with a diversity and abundance of trees,shrubs and soils. Such elements are of economic value to the Town and make it a desirable place for both residents and visitors;

(b) the appearance of Chapel Hill from the public ways contributes to the economic prosperity of the Town;

(c) trees and other landscape elements help to naturally control flooding and erosion, moderate noise pollution, dust, and other airborne pollutants, moderate the Town climate and shelter and feed its wildlife;

(d) the growth and development attracted to the Town of Chapel Hill often necessitates the removal of trees, shrubs, and soils, thereby contributing to their depletion; and

(e) it is necessary to protect and manage these valuable assets and their habitat in order to protect the health, safety, and welfare of citizens in Chapel Hill and its extraterritorial jurisdiction.

11.1.3 Purpose

The Council declares the intent of this Article is to:

(a) regulate the protection, installation, removal, and long‑term management of trees, shrubs and soils in Chapel Hill and its extraterritorial jurisdiction;

(b) encourage the proper protection and maintenance of existing trees, shrubs and soils on all public and some private lands as herein described now or hereafter in Chapel Hill and its extraterritorial jurisdiction;

(c) charge the Town Manager to prescribe procedures for the proper protection, installation, and long‑term management of landscape elements on all developing lands, all public and some private lands in Chapel Hill and its extraterritorial jurisdiction as herein described;

(d) establish a system of permits to assure the correct planting, maintenance, protection, and removal of trees and soil on public and private property; and

(e) establish penalties for violation of its provisions.

11.1.4 Definitions

Terms used in this Article are defined in Article 2 of this Development Ordinance.

11.2 Permits Required

11.2.1 Activities Requiring a Permit

Except as otherwise specifically exempted herein, it shall be unlawful to:

(a) remove, prune, apply chemicals that are harmful to or disturb any tree or the soil within the critical root zone of any tree; or

(b) clear vegetation from a site; or

(c) begin any excavation, remove soil or place fill on a site within Chapel Hill and its extraterritorial jurisdiction until the Town Manager has issued a permit certifying that such activity complies with the applicable provisions of Sections 11.3, 11.4, 11.5 and 11.6 of this Article.

11.2.2 Applicability

The provisions of this Article shall not apply to:

(a) trees, vegetation and land disturbing activity normally associated with the landscaping, construction or modification, or occupancy of any existing or proposed single‑family or two‑family dwelling on an individual lot smaller than 5 acres, unless the property owner voluntarily registers a rare or specimen tree as described in 11.6.4, provided, however, that Section 11.5 of this Article shall apply to all public and private lands within the Town and its extraterritorial jurisdiction;

(b) land in the Town's Office‑Institutional‑3 zoning district, provided, however, that Section 11.5 of this Article shall apply to all public and private lands within the Town and its extraterritorial jurisdiction;

(c) routine maintenance of existing vegetation outside the public right‑of‑way, such as pruning, watering and fertilizing;

(d) the removal of dead trees and shrubs, or trees and shrubs that have been diagnosed and determined to be diseased beyond treatment, the burden of proof being placed on the remover;

(e) the removal of soil or trees not defined as rare or specimen (see 11.6.1 and 11.6.2) or vegetation from undeveloped land to allow for paths, private driveways or noncommercial open space no greater than 1/4 acre providing this activity does not take place within the critical root zone of any rare or specimen tree.

11.2.3 Permit Display

All permits issued hereunder shall be so displayed as to be clearly visible from a public right‑of‑way. In the case of annual permits, as described in Section 11.7.2, such permits shall be kept in vehicles at the work site.

11.2.4 Emergency Waiver

The provisions of this Article are waived if compliance would hamper the rescue of life or property from immediate danger or the repair of utilities in the event of emergencies such as wind storms, ice storms, or other disasters. Any emergency work shall follow as closely as possible the standards outline in the Town's Landscape Standards and Specifications.

11.2.5 Enforcement

Upon a determination that work does not conform with the provisions of this Article, the Town Manager shall issue a Stop‑Work Order which shall remain in effect until all corrections are made that are necessary to conform with this Article.

11.3 Permitted Activities and Standards Applicable to Undeveloped Land and Woodlands

11.3.1 Area Protected

Except as herein exempted, all undeveloped zoning lots within the Town and its extraterritorial jurisdiction which are more than one‑half acre in size are hereby protected.

11.3.2 Permitted Uses

A Zoning Compliance Permit shall be required from and issued by the Town Manager for the following activities on undeveloped land;

(a) the removal of rare or specimen trees, or the removal of soil or vegetation within their critical root zones, on undeveloped land to allow for non-commercial open space no greater than 1/4 acre; or

(b) the practice of forestry as defined by North Carolina General Statute 105‑277.2‑.7. Such forestry shall be permitted only after an applicant submits a Landscape Protection Plan plan for harvesting and replanting in compliance with the Best Protection Practices set forth in consistent with the most current Forest Practices Guidelines Related to Water Quality published by the N.C. Department of Natural Resources and Community Development.

11.4 Permitted Activities and Standards Applicable to Developing Land

11.4.1 Landscape Protection Plan Required

A Zoning Compliance Permit shall not be issued for development covered by provisions of this Section unless a Landscape Protection Plan is first approved by the Town Manager.

No person shall spray, prune, remove, cut above ground, or otherwise disturb any tree or the soil within the critical root zone of any tree on developing land without first obtaining a Zoning Compliance Permit and approval of a Landscape Protection Plan from the Town Manager.

All development activities on a site, including installation of public and private utilities, shall conform to the provisions of an approved Landscape Protection Plan.

11.4.2 Landscape Protection Plan

The Town Manager shall prescribe the contents of Landscape Protection Plans and information that may be reasonably required to determine compliance with this Article, with sufficient copies for necessary referrals and records.

The Landscape Protection Plan shall:

(a) describe the existing soil types, trees, vegetation, and other landscape elements of the development site;

(b) identify areas where trees, vegetation and soils are to be protected and preserved and areas where trees, vegetation and soils are to be removed or modified; and

(c) address measures of tree, vegetation and soil protection and management that will be used before, during and after all construction activities to promote the survival of such elements;

If vegetation identified for survival in the Landscape Protection Plan is dead or dying as determined by the Town Manager at the time of the issuance of a certificate of occupancy and is part of a required buffer, replacement of such vegetation shall be required if the Town Manager finds the buffer to be inadequate (see 14.12.10.3).

Otherwise, compliance with the Landscape Protection Plan shall establish a presumption that the requirements of this Section have been met.

11.4.3 Surveying

No tree greater than six (6) inches in Diameter at Breast Height (DBH) shall be removed for the purpose of surveying without a permit issued by the Town Manager approving such action.

11.4.4 Pre‑Construction Conference

Prior to issuance of a Building Permit for development activity covered by this Section the commencement of any activities requiring a permit (see Section 11.2.3), a pre‑construction conference shall take place to review procedures for protection and management of all protected landscape elements identified on the Landscape Protection Plan and to designate one or more persons as Landscape Protection Supervisor(s) as described in 4.4 Section 11.4.5.

11.4.5 On‑site Supervision

The applicant shall designate as Landscape Protection Supervisors one or more persons who have completed instruction and examination in landscape protection procedures with the Town and have received a Landscape Protection Certificate.

It shall be the duty of the Landscape Protection Supervisor to ensure the protection of new or existing landscape elements to be preserved, as defined in the Landscape Protection Plan. At least one identified Landscape Protection Supervisory shall be present on the development site at all times when activity is taking place that could damage or disturb such landscape elements. Such activities include:

(a) clearing and grubbing;

(b) any excavation, grading, trenching or moving of soil;

(c) removal, installation or maintenance of all landscape elements and landscape protection devices; or

(d) the delivery, transporting and placement of construction materials and equipment.

The approved Landscape Protection Supervisor(s) shall supervise all site work to assure that development activity conforms to provisions of the approved Landscape Protection Plan.

11.4.6 New and Required Plantings

All new and required landscaping and preparation for landscaping shall be installed and maintained in accordance with the Town's Landscaping Standards and Specifications.

All required plantings, as shown on an approved Landscaping Plan, must be planted or an accepted letter of credit placed with the Town prior to the issuance of a Certificate of Occupancy for any part of the development covered by the Landscape Plan.

11.4.7 Protective Fencing

Vegetation that is to be retained protected on developing land, as indicated on a Landscape Protection Plan, shall be protected by fences or other equally effective measures during construction activity. Such fencing shall be located and erected according to Town Standards and be located as shown on the Landscape Protection and Site Grading Plans. All land disturbing activity, storage of equipment, building material, dirt soil and other debris shall be kept within the area of development activity and outside of the protective fencing.

Vegetation that is to be retained during right-of-way clearing of single-family or two-family residential subdivisions, as indicated on a Landscape Protection Plan, shall be delineated by high visibility flagging during construction activity. Such flagging shall be located and installed according to Town Standards and be located as shown on the Landscape Protection and Site Grading Plans. The use of flagging shall be limited to these specific applications where no rare or specimen trees will be affected by development activity and the Town Manager determines it to be as effective as protective fencing.

Landscaping activities taking place after the removal of protective fencing shall be accomplished with light machinery or hand labor and in accordance with the Town's Landscaping Standards and Specifications.

11.4.8 Treatment of Trees During Construction

No nails, ropes, cables, signs or fencing shall be attached to any part of any tree that is to remain.

Trees which are damaged during construction shall be treated so as to promote their continued health.

11.4.9 Public Hazard

A Certificate of Occupancy may be denied for any lot if the Town Manager determines that a public hazard as defined in this Ordinance exists on said lot, until that public hazard is abated.

A street constructed to Town standards and dedicated to the Town may not be finally accepted for maintenance at the end of the warranty period as covered by Chapel Hill Code 17‑45 until any public hazard arising out of a tree, plant or shrub thereon, is abated by the developer of that street.

11.4.10 Enforcement

The Town Manager shall have development sites inspected frequently to assure that work is conforming to the approved Landscape Protection Plan and the applicable sections of this Article.

Absence of a Landscape Protection Supervisor(s) from the site at times when development activity is taking place that has the potential to adversely affect landscape elements to be preserved or new landscape elements may result in the issuance of a Stop‑Work order until a Landscape Protection Supervisor is present.

11.5 Public Land

11.5.1 Permits Required

It shall be unlawful to:

(a) plant, prune, remove, apply chemicals that are harmful to or disturb any tree or the soil within the critical root zone of any tree; or

(b) clear vegetation, begin any excavation, remove soil or place fill on all public land and easements owned or maintained by the Town within Chapel Hill or its extraterritorial jurisdiction without first obtaining a permit from the Town Manager.

All activities related to trees and landscaping on public land as herein defined shall conform to the Town's Landscaping Standards and Specifications.

The Town Manager shall issue the permit if the proposed work is in compliance with the Town's Landscaping Standards and Specifications.

11.5.2 Tree Planting

All existing plantings of trees and shrubs on all public land and easements owned or maintained by the Town and all future additions and substitutions shall be under the authority and direction of the Town Manager.

Trees may be planted on the public street right‑of‑way of any public street provided they comply with any plan for public landscaping that has been approved by the State of North Carolina or the Town of Chapel Hill, that they will not hinder the repair or construction of public utilities and a permit has been issued by the Town Manager.

Trees or shrubs may be planted on the public street right‑of‑way of any other public street of a variety and in a location desired by the abutting property owner except that no trees or shrubs shall be planted close enough to any public street intersection to interfere with the sight distance at the intersection or interfere with streets, sidewalks, street lights or above and below‑ground utility lines as specified in the Town's Landscaping Standards and Specifications.

All planting of trees and shrubs on public property shall be subject to general considerations of public health, safety and convenience, and the material and aesthetic value accruing to the whole community. Planting shall be restricted to the varieties known to be suited to the local climate and environment and shall be intended to preserve and enhance the beauty and variety of the public landscape as recommended in the Town's Landscaping Standards and Specifications.

11.5.3 Prohibited Trees

It shall be unlawful to plant in any public right‑of‑way any trees which by the nature of their fruit, root system, brittleness of wood, or susceptibility to disease are deemed undesirable as specified in the Town's Landscaping Standards and Specifications.

11.5.4 Tree Maintenance

The Town will provide tree maintenance in the town center districts and on thoroughfares. The Town will not be responsible for the maintenance or replacement of shrubs planted on the right‑of‑way except those planted by the Town. Shrubs which are planted on the right‑of‑way of any public street and not properly maintained in a safe, healthy and attractive condition may be removed by the Town.

11.5.5 Abuse and Mutilation of Trees

Except to abate a hazard as defined in 11.4.9, it shall be a violation of this article to damage, destroy or mutilate any tree or shrub in a public right‑of‑way or any public place, or attach or place any rope or wire (other than one to support a young or broken tree), sign poster, handbill or any other thing to or on any tree or cause or permit any wire charged with electricity to come into contact with any such tree.

11.5.6 Public Hazards

It shall be the duty of the owner of the property wherein or whereupon a public hazard exists, to abate the hazard by removing or trimming the growth. Trees on private property whose roots may damage sidewalks, curbs or public streets, by causing them to buckle or break or whose roots may enter into public sewers or water mains shall also be public hazards and may be trimmed or removed as deemed necessary by the Town Manager.

If the owner of property, after being notified of the existence of a public hazard on their property, fails to abate the hazard within thirty (30) days the Town Manager shall have the hazard abated and assess the exact cost to the owner as provided by law in the case of special assessments or liens.

Where the roots of a public tree or shrub constitute a hazard to private property, the affected property owner may prune or cut the offending roots at his property line, provided the tree is not a rare or specimen tree and the action will not create an unsafe condition. A permit for such cutting or pruning shall be granted only after the proposed work has been reviewed and approved by the Town Manager.

Where the growth and limbs of public trees constitute a hazard to private property, the Town, upon notice, shall correct the condition.

Where the growth of trees interferes with public utilities such conditions shall be corrected by proper pruning, removal or replacement of the tree causing the interference. Corrective measures shall be carried out in accordance with the provisions of this Article and the Town's Landscaping Standards and Specifications.

11.5.7 Removal of Trees

Trees and shrubs shall not be removed from public property or public street rights‑of‑way without a permit issued by the Town Manager. Trees and shrubs on all public land and easements owned or maintained by the Town may be removed only when they are dead, dangerous to life and property, seriously diseased or constitute a public hazard, or where necessary to accommodate the construction of a public facility.

The Town retains the right to remove any tree on any public street or highway right‑of‑way or easement owned or maintained by the Town which is necessary to permit the proper maintenance or improvement of the public street except that no rare tree shall be removed from land or easements owned by the Town or any public street or highway right‑of‑way unless the Town Manager determines there is no reasonable way the land or street can otherwise be developed, improved or properly maintained and the tree saved.

The Town may remove dead or diseased trees from the public street right‑of‑way, easement owned or maintained by the Town on any public street. A tree on the line which is half or more than halfway on the right‑of‑way at its base will be considered to be on the right‑of‑way.

Existing public trees shall be preserved to the extent that it is possible and feasible. If removed they will be replaced where practicable.

11.5.8 Construction and Repair Activity on or Adjacent to Public Land

A permit shall be required for:

(a) any construction or repair activity;

(b) any excavation of trenches or tunnels for the installation or repair of utilities; or

(c) any laying of pavement taking place within the critical root zone of any rare or specimen tree on public land regardless of whether the critical root zone occupies public or private lands.

No construction or repair activities within the critical root zone of any rare or specimen tree shall take place until the Town manager has approved a Landscape Protection Plan that indicates tree protection measures and preservation strategies as defined in 11.4.2.

All trees to be saved on streets or public land near any excavation or construction of any building, structure, or new streets shall be guarded with protective fencing or other equally effective measures consistent with Town Standards at a location specified in an approved Landscape Protection Plan. All construction material, dirt, or other debris shall be kept outside the protected area.

No person shall deposit, place, store, or maintain upon any public land, easement, street, or buffer strip any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, without having first obtained a Zoning Compliance Permit or Tree Work Permit from the Town Manager.

11.6 Rare and Specimen Trees

11.6.1 Specimen Tree Defined

A specimen tree is any healthy living tree that;

(a) has a trunk diameter at breast height (DBH) of 24 inches or more; or

(b) a trunk DBH of 12 inches or more in the case of the following species:

Carpinus (Hornbeam)

Ilex spp. (Holly)

Magnolia spp.

Ostrya (Hophornbeam)

Tsuga spp. (Hemlock)

11.6.2 Rare Tree Defined

A rare tree is any healthy living tree that:

(a) has a trunk diameter at breast height (DBH) of 36 inches or more; or

(b) a trunk DBH of 18 inches or more in the case of the following species:

Carpinus (Hornbeam)

Ilex spp. (Holly)

Magnolia spp.

Ostrya (Hophornbeam)

Tsuga spp. (Hemlock)

(c) is listed as a State or National Champion by the North Carolina Forest Service or the American Forestry Association; or

(d) provides unique habitat for any endangered or threatened wildlife species protected by Federal law; or

(e) has been cited by the Town Council as being historically significant; or

(f) represents an uncommon species, such as Long Leaf Pine, Live Oak or Sequoia Redwood, that the Town Manager considers to be desirable and not to pose a threat to the local ecological balance.

11.6.3 Rare and Specimen Trees on Developing Land

Rare and specimen trees shall be shown on all preliminary Landscape Protection Plans and located by survey on the approved Landscape Protection Plan if such trees are within one hundred (100) feet of areas where soil disturbance or construction activity is proposed. In addition, these trees shall be identified and located by survey on the approved Landscape Protection Plan if such trees are located on the development site or adjacent public property. The Town Manager may visit the site to determine the accuracy of identification. The location and identification of rare and specimen trees shall be required if such trees are within one hundred (100) feet of areas of a development site where soil disturbance or construction activity is proposed.

Proposed development should be designed to maximize the preservation of rare and specimen trees. Where rare and specimen trees exist, flexible approaches such as adjustments to lot layout, placement of buildings and paved surfaces and location of utilities should be pursued in order to save them.

Notwithstanding any provision of the Development Ordinance to the contrary, saving of a rare or specimen tree shall constitute sufficient evidence that Section 24.3.1 a‑e have been met in any variance application.

No soil disturbance from construction, trenching or grading, or paving, or storage of equipment or materials shall take place within the critical root zone of any rare or specimen tree to be preserved unless the Town Manager determines there is no reasonable way the property can be developed without such disturbance or unless the proposed work will be carried out in accordance with the specifications for such work in the Town's Landscaping Standards and Specifications.

No rare tree shall be removed from developing land unless the Town Manager determines there is no reasonable way the property can be otherwise developed, improved or properly maintained and the tree saved.

11.6.4 Voluntary Protection of Rare and Specimen Trees on Private Land

Rare and specimen trees which are located on individual lots with single and two‑family homes shall be protected if voluntarily registered by the property owner.

Registration of such trees shall survive transfer of ownership if language is contained in the document transferring ownership and shall extend the coverage hereof and render the owner of the lot subject to the following privileges:

(a) The owner shall be entitled to consultation with the Town Forester concerning proper care of the tree.

(b) If a permitted auxiliary structure or addition to a house is being planned, notwithstanding any provision of the Development Ordinance to the contrary, saving of a rare or specimen tree shall constitute sufficient evidence that Section 24.3.1 a‑e of the Development Ordinance have been met in any variance application.

Once so registered, trees may be removed from the register at a later date at the request of the property owner.

11.7 Administrative Mechanisms

11.7.1 Application Requirements

The Town Manager shall prescribe:

(a) the form(s) for all applications called for in this Article;

(b) any information that may reasonably be required to determine compliance with this Article and with the Town's Landscaping Standards and Specifications.

Unless otherwise specified in this Article, for applications requiring Town Manager approval, action to approve or deny an application shall be taken by the Town Manager within fifteen (15) days of the acceptance of an application, or within such further time consented to by written notice from the applicant or by Council resolution.

11.7.2 Permits

A permit shall be issued by the Town manager for all activities requiring a permit as defined in 11.2, including but not limited to utility line clearance pruning, planting on public land and tree or soil disturbing repairs around existing trees. Permits will be issued only after a finding has been made by the Town Manager that all applicable provisions of this Article and the Landscaping Standards have been met.

Permits may authorize work for up to one year for ongoing utility maintenance and installation activities and may be renewed annually subject to continued compliance with conditions of the permit. Applications for annual permits shall be accompanied by a statement of measures that will be taken to protect and preserve trees and landscaping.

Permits for all other activities shall be issued by the Town. Manager not less than two (2) working days before the work is to be done, except in the case of an emergency where action is required to protect the safety, health and welfare of the public, or the repair of utilities. Notice of completion of work shall be given within five (5) days of completion to the Town Manager for her/his inspection.

Any permit granted shall contain a date of expiration and the work shall be completed in the time allowed by the permit and in the manner as therein described. Any permit shall be void if its terms are violated.

11.7.3 Penalties

Any act constituting a violation of this Article resulting in the loss or destruction of trees or topsoil shall subject the landowner to a civil penalty equivalent to 1.5 times the monetary value of the trees or topsoil removed or destroyed up to a maximum of $20,000. For purposes of such determination the Town Manager shall apply the most current formula of the Council of Tree and Landscape Appraisers, or a similar method in common use. In addition, trees so destroyed must be replaced with new trees whose total DBH equals that of the trees destroyed.

Development activity which has taken place in compliance with conditions of the Zoning Compliance Permit issued for that activity shall establish a presumption that the property owner has met the requirements of this Section. It shall be the duty of the permit holder to demonstrate that the activity was in compliance with the issued permit.

Unless otherwise specified in this Article, the Town of Chapel Hill shall enforce the provisions of this Article in accordance with procedures, penalties, and remedies described in Article 23 of the Development Ordinance.

11.7.4 Appeals

Unless otherwise specified in this Article, interpretations, appeals, and variances of or from provisions of this Article shall be pursuant to the provisions of Article 24 of the Development Ordinance.

11.7.5 Fees

Reasonable fees sufficient to cover the costs of administration, inspection, appraisal, and publication of notice shall be charged to applicants for Zoning Compliance Permits and Tree Work Permits established by this Article. The amount of such fees shall be fixed by the Town Council.

11.7.6 Revision Provision

For the first five years after its passage, this Article shall be reviewed annually by the Town Manager with the advice of a Tree Committee appointed by the Town Council, who will report on such review to the Town Council. The review shall assess the effectiveness, including cost, of the Article and recommend any necessary revisions, additions or corrections to the Town Council.

SECTION II

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

This the 23rd day of November, 1992.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2.1.

Council Member Andresen inquired how the educational programs would be implemented. Mr. Horton said Planning and Inspections staff would distribute information on the tree ordinance to property developers.

Claire Cooperstein, a member of the Sierra Club, said the Sierra Club had considered producing and distributing a brochure concerning the provisions of the Town's tree ordinance. Ms. Cooperstein said Town staff had expressed concern about how the Sierra Club could distribute the brochure to developers, particularly of single-family homes.

RESOLUTION 2.1 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING THE TOWN MANAGER TO DISTRIBUTE INFORMATION ON TREE PRESERVATION AT CONSTRUCTION SITES (92-11-23/R-2.1)

WHEREAS, the Town of Chapel Hill values its trees and all the benefits of preserving them; and

WHEREAS, the Town has by ordinance protected trees in many instances; and

WHEREAS, some of the most effective regulations protecting trees in Chapel Hill and its extra-territorial jurisdictions do not apply to construction on single family and two-family house lots;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to prepare a brochure of practical information concerning the protection and preservation of trees on single family and two-family lots, especially during construction.

BE IT FURTHER RESOLVED that copies shall be made available to each applicant for single family or two-family home building permit and shall be distributed to each applicant at the time the permit is issued.

This the 23rd day of November, 1992.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 2.2.

Council Member Herzenberg said he understood Council Member Andresen's reluctance to have a semi-permanent ad hoc committee. Council Member Andresen inquired how many members served on the committee. Mr. Brooks said there were five members. He added that the proposal was to fill an existing vacancy and make two additional appointments. Council Member Werner asked why an eight-person committee was proposed. Mr. Brooks said that only three or four persons attended most committee meetings at present. Council Member Werner asked why more members were recommended. Council Member Herzenberg said the committee hoped to have more non-surveyor members. Council Member Andresen said she did not know whether expanding the committee would have the desired effect. Council Member Werner inquired about the duration of committee appointments. Council Member Herzenberg said appointments were for five years with two years remaining in the committee's initial charge. Council Member Herzenberg said he would be willing to continue his service as Council liaison to the committee.

RESOLUTION 2.2 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REGARDING THE AD-HOC TREE COMMITTEE (92-11-23/R-2.2)

WHEREAS, the Town of Chapel Hill values its trees and all the benefits of preserving them; and

WHEREAS, the Town has by Ordinance protected trees in many instances; and

WHEREAS, an Ad-Hoc Tree Committee was formed with the adopted of the 1989 Tree Protection Ordinance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes two additional positions on the Committee and directs the Town Manager to begin the process of filling all vacant positions; and

BE IT FURTHER RESOLVED by the Council that the Ad-Hoc Tree Committee continue to evaluate the effectiveness of the Tree and Landscape Protection Ordinance and changes adopted this date and report to the Council in one year.

This the 23rd day of November, 1992.

Council Member Herzenberg said he was especially concerned about the status of public tree plantings in the Town's two historic neighborhoods and the Northside neighborhood. He requested that the staff provided ideas on methods for street plantings to take place in the future. Council Member Herzenberg suggested that citizens could possibly sponsor tree plantings in some areas of the Town. Council Member Herzenberg noted that the City of Los Angeles had planted three million street trees prior to the 1984 Olympic Games.

Item 8 Response to Transportation Board Concerns

Transportation Director Bob Godding briefly reviewed the staff's response to the Transportation Board's recommendations concerning the use of single-occupant vehicles and related items. Mr. Godding stated that the Town could serve as a model for the Transportation Management Plan. He also stated that information was currently being collected on local commuter travel habits. Mr. Godding noted the importance of improving dialogues on transportation matters with the University of North Carolina, Town of Carrboro, the Triangle Transit Authority, area schools and other interested parties. He also noted that the Transportation Board recommended the reinstatement of a Transportation Planner position which would be half-funded by existing grants.

Council Member Andresen commended the Transportation Board for making many good recommendations. She requested additional information concerning the proposed Transportation Planner position. Mr. Horton said the vacant position could be filled to undertake the work outlined in the resolution before the Council this evening. Mr. Godding also noted that the Transportation Planner position primarily responsible for bicycle programs was currently vacant.

Richard Franck, Vice-Chairperson of the Transportation Board, expressed the Board's thanks to the Manager and staff for their recommendations. He noted that the staff was doing a good job of developing transportation management plans with area employers. Mr. Franck said the Board was very enthusiastic in supporting the hiring of an additional transportation planner. He reviewed possible changes in the proposed resolution, noting that Council Member Werner had indicated that he would sponsor the proposed changes.

Council Member Andresen noted that in the past the Town had extended an invitation for a University representative to serve on the Transportation Board. Council Member Rimer asked whether the Transportation Board recommended formalizing this arrangement. Mr. Franck said yes. Council Member Rimer said he was concerned about the practicality of this approach. Mr. Horton suggested that the University could be invited to send a representative to the Transportation Board meetings to serve as a resource and conduit. Council Member Werner inquired whether transportation planning functions for the University and Hospital were separate or combined. Mr. Horton said that planning occurred jointly while development took place separately. Council Member Brown noted that a University representative had been appointed to a Town committee on single-occupant vehicle usage.

Council Member Andresen said that connecting roadways for bicycle and pedestrian usage was a great idea. She inquired about the estimated total annual cost for the Transportation Planner position. Mr. Horton said $32,000, of which one-half would be paid by a grant. Council Member Brown whether there were sufficient funds for the position during the current year. Mr. Horton said yes.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 3 AS AMENDED.

Council Member Werner noted that the State of North Carolina had recently changed its rules for school bus pick-up, necessitating a change by the school board. He added that the change resulted in additional vehicle trips to area schools by students no longer served by bus service.

RESOLUTION 3 AS AMENDED WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO TAKE ACTIONS TO IMPROVE THE TRANSPORTATION RESOURCES IN THE TOWN AND TO COORDINATE THESE SERVICES WITH OTHER AGENCIES IN THE COMMUNITY (92‑11‑23/R‑3)

WHEREAS, the Town of Chapel Hill operates public transportation services within the Towns of Chapel Hill and Carrboro, to provide an alternative to travel by private auto; and

WHEREAS, the Town Council has asked the Transportation Board to provide recommendations on how to further reduce congestion and reliance on the single occupant auto; and

WHEREAS, the Transportation Board has produced a report which includes specific steps which the Town could take to achieve this goal;

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

Transportation Capital Improvements

‑ Authorizes staff to proceed with plans for construction of a Park/Ride Lot in the 15/501 South corridor as a high priority as soon as funding is obtained.

‑ Directs staff to present recommendations regarding funding future transportation capital needs as part of the 1993‑94 budget recommendations.

Transportation Management Plans for Employers

‑ Authorizes staff to assist local employers and developers in preparing and strengthening Transportation Management Plans for new and existing development.

- Authorizes the preparation of a Transportation Management Plan for the Town as an employer with emphasis on ridesharing, bicycling and public transportation.

‑ Authorizes staff to work with the Triangle Transit Authority to assist major employers including the University and UNC Hospitals in developing baseline information on employees' commuting patterns.

Long-term Planning Issues

‑ Directs staff to prepare a report and recommendations on possible connection of neighborhoods and roads to improve circulation for pedestrians and cyclists.

- Directs staff to prepare a report for the Council and Transportation Board on average daily traffic volume and on average occupancy rates for autos.

- Requests the Transportation Board and Town staff to recommend specific, quantified objectives for reducing single-occupant vehicle use and increasing use of alternative transportation methods.

Coordination Needs

‑ Authorizes contacting both the Chamber of Commerce and the Chapel Hill/Carrboro City School System to request a meeting with the Town's Transportation Board to discuss mutual concerns and future transportation plans.

‑ Approves continuing the Town's close involvement in Triangle Transit Authority activities including planning future services and operating regional bus services like the Blue and Green Lines within the Council's budgetary authorization.

Staffing

‑ Authorizes recruiting to hire a third transportation planner, subject to formal action by the Council to amend the Budget Ordinance and Pay Plan Ordinance, to carry out the actions including transportation management planning, planning studies, and additional coordination activities as described in the Manager's report on this matter dated November 23, 1992.

This the 23rd day of November, 1992.

Item 9 Consent Agenda

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE CONSENT AGENDA AS PRESENTED, EXCEPTING ITEMS B, C, I, J AND L. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(92-11-23/R-4)

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

a. Minutes of October 25 and 28.

b. Calling public forum on reuse of library building (R-5).

c. Scheduling work session on solid waste issues (R-6).

d. Renewal of lease agreement for old Police building

(R-7).

e. Reappropriation of encumbrances (O-2).

f. Execution of amendment to public housing Annual

contributions contract (R-9) and amendment to public

housing (NC 86/Airport Road) project ordinance (O-3).

g. Execution of declaration of trust (R-10).

h. Possible future annexation areas (R-11).

i. Revised meeting room use policy (R-12).

j. Fire lane ordinances (O-4 through 8).

k. Joint planning amendment - Small area plan (R-13).

l. Transfer of utility easement (R-14).

This the 23rd day of November, 1992.

A RESOLUTION RENEWING A LEASE FOR OLD POLICE BUILDING FOR USE AS A SHELTER FOR THE HOMELESS (92-11-23/R-7)

WHEREAS, the Council of the Town of Chapel Hill, on December 11, 1990, authorized the Town Manager to enter into a lease for the Old Police Building for use as a shelter for the homeless; and

WHEREAS, the term of said lease was for two years, beginning on December 1, 1990, and ending on November 30, 1992; and

WHEREAS, Inter-Faith Council for Social Service, Inc., entered into a lease with the Town for the Old Police Building on December 1, 1990, and has requested that the lease be renewed; and

WHEREAS, a notice of intent to execute this lease extension was published in the November 8, 1992 edition of The Chapel Hill News to satisfy the requirements of N. C. General Statute 160A-272;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a renewal agreement for the lease to the Inter-Faith Council for Social Service, Inc., for the Old Police Building at 100 West Rosemary Street, for use as a shelter for the homeless and community kitchen, for a term of two years with provision for an additional two-year term, said agreement to contain language substantially the same as contained in the attached lease agreement.

This the 23rd day of November, 1992.

AN ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1992" (91-11-23/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, 1992" as adopted on June 8, 1992 be and the same is hereby amended as follows:

ARTICLE I

CURRENT REVISED

APPROPRIATIONS BUDGET INCREASE DECREASE BUDGET

GENERAL FUND

Mayor 54,892 0 54,892

Council 116,149 1,310 117,459

Town Manager

Administration 484,863 588 485,451

Information Serv. 234,861 8,206 243,067

Personnel 382,808 1,390 384,198

Finance 630,407 2,008 632,415

Legal 127,884 0 127,884

CURRENT REVISED

APPROPRIATIONS BUDGET INCREASE DECREASE BUDGET

Planning 587,429 8,079 595,508

Inspections 278,870 0 278,870

Engineering 480,152 7,614 487,766

Housing & Comm.Dev. 40,518 11,510 52,028

Public Works

Administration 198,994 30 199,024

Field Operations

Administration 53,488 0 53,488

Landscaping 413,939 0 413,939

Traffic 406,980 0 406,980

Construction 371,673 0 371,673

Streets 927,749 19,178 946,927

Internal Serv. 1,066,708 19,791 1,086,499

Sanitation 2,036,102 6,419 2,042,521

11,773 11,773

Police

Support Serv. 1,070,024 5,415 1,075,439

Patrol 2,953,991 0 2,953,991

Detective 507,021 0 507,021

Fire

Administration 208,519 1,000 209,519

Suppression 1,753,832 5,592 1,759,424

Prevention 104,433 0 104,433

Parks & Recreation

Administration 216,468 5,854 222,322

General Recreation 836,334 13,833 850,167

Parks Maintenance 528,325 4,324 532,649

Library 946,122 1,828 947,950

Non-Departmental 2,650,246 0 2,650,246

TOTALS 20,669,781 135,742 20,805,523

PUBLIC HOUSING FUND 965,103 619 965,722

LANDFILL FUND 2,908,000 343,845 3,251,845

PARKING FACILITIES

ON-STREET PARKING 402,500 5,860 408,360

PARKING FACILITIES

BOND FUND 785,306 53 785,359

TRANSPORTATION FUND

Administration 486,476 1,670 488,146

Operations 3,193,740 2,985 3,196,725

Maintenance 730,294 0 730,294

Non-Departmental 210,542 0 210,542

TOTAL 4,621,052 4,655 0 4,625,707

CAPITAL IMPROVEMENTS

FUND 431,063 162,126 593,189

ARTICLE II

CURRENT REVISED

REVENUES BUDGET INCREASE DECREASE BUDGET

GENERAL FUND

FUND BALANCE 605,000 135,742 740,742

PUBLIC HOUSING FUND 0 619 619

LANDFILL FUND

FUND BALANCE 584,100 343,845 927,945

ON-STREET PARKING

FUND 0 5,860 5,860

PARKING FACILITIES

BOND FUND

FUND BALANCE 25,006 53 25,059

TRANSPORTATION FUND

FUND BALANCE 0 4,655 4,655

CAPITAL IMPROVEMENTS

FUND

FUND BALANCE 425,678 162,126 587,804

This the 23rd day of November, 1992.

A RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT (92-11-23/R-9)

WHEREAS, pursuant to the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Development (HUD) provides financial assistance to public housing agencies; and

WHEREAS, the Town of Chapel Hill (PHA) proposes to enter into an Annual Contributions Contract or Amendment thereto (Contract) with HUD in order to receive such assistance;

NOW, THEREFORE, BE IT RESOLVED by the PHA as follows:

The Contract, numbered Contract No. A-3963, Amendment No. 15 (delete if not applicable), is hereby approved and accepted both as to form and substance and the Town Manager is hereby authorized and directed to execute said Contract in quadruplicate on behalf of the PHA, and the Secretary is hereby authorized and directed to impress and attest the official seal of the PHA, on each counterpart and to forward executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government.

This the 23rd day of November, 1992.

AN ORDINANCE TO AMEND A GRANT PROJECT ORDINANCE FOR NEW PUBLIC HOUSING UNITS (92-11-23/O-3)

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

SECTION I

The project authorized is the construction of new public housing units as approved by Council on July 10, 1989 (89-7-10/R-15.1): Funds are as contained in the Development Grant Agreement and the Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD) for Project Grant 10. The project activities will include the construction costs for 24 new public housing units.

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 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:

Current Budget Amended Budget

HUD Development Grant $1,308,600 $1,549,082

The following amounts are appropriated for the project:

Current Budget Amended Budget

Administration $ 30,000 $ 30,000

Professional Services $ 86,500 $ 86,500

Construction $1,282,100 $1,432,582

TOTAL: $1,398,600 $1,549,082

SECTION IV

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the grant agreement(s) and Federal and State requirements.

This the 23rd day of November, 1992.

A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF DECLARATION OF TRUST (92-11-23/R-10)

WHEREAS, pursuant to the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Development (HUD) provides financial assistance to public housing agencies; and

WHEREAS, the Town of Chapel Hill (PHA) has entered into an Annual Contributions Contract or Amendment thereto with HUD in order to receive such assistance; and

WHEREAS, HUD has required, as a condition to the provision of such assistance, the execution and recording of a Declaration of Trust;

NOW, THEREFORE, BE IT RESOLVED by the PHA as follows:

Section 1. That the Chairman or Vice-Chairman is hereby authorized and directed to execute the Declaration of Trust for Project No. NC 0460002, 046004 on the form prescribed by HUD, and the Secretary is hereby authorized and directed to impress the seal of Authority thereon and to attest it.

Section 2. The Secretary is directed to cause said Declaration of Trust to be recorded in the appropriate office of public records of the County in which the Project is located. After recording, the Secretary is directed to transmit said document, together with one certified copy thereof to the Department of Housing and Urban Development.

This the 23rd day of November, 1992.

A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (92-11-23/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill:

SECTION 1

That pursuant to G.S. 160A-49 (i), the following described areas are identified as being under consideration for annexation by the Town of Chapel Hill, under provisions of Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Unincorporated area between Chapel Hill's existing corporate limits and the Town's Urban Services Boundary as identified on the 1986 Land Use Plan adopted by the Council on July 14, 1986.

The above areas are shaded on attached Map 1, which shall be incorporated into this resolution by reference, in accordance with N.C. General Statute 160-49(i).

SECTION 2

That a copy of this resolution shall be filed with the Town Clerk.

This the 23rd day of November, 1992.

A RESOLUTION ADOPTING AN AMENDMENT TO THE JOINT PLANNING AREA LAND USE PLAN AND MAP TO INCORPORATE THE SOUTHERN SMALL AREA PLAN

(92-11-23/R-13)

WHEREAS, the Council on June 23, 1992 adopted the Southern Small Area Plan and requested that Orange County and Carrboro consider an amendment to the Joint Planning Land Use Plan and Map incorporating the Southern Small Area Plan for the joint planning Transition Area in the Plan; and

WHEREAS, the three governing boards held a joint public hearing on October 14, 1992 on the proposal;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves an amendment to the Joint Planning Area Land Use Plan and Map to incorporate the Southern Small Area Plan adopted June 23, 1992 for the jointly-planned Transition Area immediately east of U.S. 15-501 and immediately west of Old Lystra Road.

This the 23rd day of November, 1992

Council Member Herzenberg noted that the proposed hearing date for the preliminary budget and related matters was January 20th, Presidential Inauguration day.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER HERZENBERG VOTING NO.

A RESOLUTION SETTING A PUBLIC FORUM TO RECEIVE COMMENTS ON POTENTIAL REUSES OF THE CURRENT LIBRARY BUILDING (92-11-23/R-5)

WHEREAS, the Council has approved a process and schedule for deciding the reuse of the current library building at the corner of East Franklin and Boundary Streets; and

WHEREAS, a January public forum is included in that process;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to set a public forum on Wednesday, January 20, at 7:30 p.m., in the Council Chamber of the Town Hall, at 306 North Columbia Street, Chapel Hill.

This the 23rd day of November, 1992.

Council Member Andresen requested that the committee send out materials one week before the work session on solid waste matters. Council Member Chilton said the committee would do so.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REGARDING A WORK SESSION ON SOLID WASTE ISSUES

(92-11-23/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a work session on solid waste issues at 5:30 pm on Tuesday, December 8 in the Council Conference Room.

This the 23rd day of November, 1992.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 12.

Mr. Karpinos noted that it was not an intent of the resolution to suggest that Town staff meetings would be open to the public. Council Member Herzenberg suggested that an item five be added to the priority list to accommodate meetings of other local, state and federal government officials and bodies. Council Member Werner suggested that the provision concerning programs being free of charge and open to the public should apply to all meetings. Mr. Horton said the item could be brought back at a future meeting. The motioner and seconder concurred.

Council Member Rimer said action on fire lanes and related matters was long overdue. He inquired whether all hydrants were required to have thirty feet of clearance without obstructions. Fire Chief Dan Jones noted that there were a number of non-complying fire hydrants in the downtown area. Council Member Rimer inquired how private fire zones were designated. Chief Jones said private property owners were given flexibility to determine where fire zones would be located. He added that it may not always be necessary to meet the full thirty-foot hydrant clearance requirement in the downtown area. Council Member Rimer expressed concern about setting up non-conforming areas. Mr. Horton said spaces were restriped, revised standards would be set.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCES 4 THROUGH 8. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND CHAPTER 21 OF THE TOWN CODE OF ORDINANCES RELATED TO ESTABLISHMENT AND REGULATION OF FIRE LANES AND PARKING NEAR FIRE EXTINGUISHMENT CONNECTIONS (92-11-23/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the Town Code as follows:

SECTION I

Section 21-20.2, Fire Lanes, is hereby revised by designating the present two paragraphs subsection (a) and adding the following:

(b) Upon a determination by the Fire Chief or the Fire Chief's designee that a fire lane is essential on private property for the protection of life, safety and property, the Town Manager may cause such further fire lanes to be properly posted as such. Upon the installation of signs designating such fire lanes, said fire lanes shall be regulated by this Code in the same manner as those listed in subsection (a).

This the 23rd day of November, 1992.

AN ORDINANCE TO AMEND CHAPTER 21 OF THE TOWN CODE OF ORDINANCES RELATED TO ESTABLISHMENT AND REGULATION OF FIRE LANES AND PARKING NEAR FIRE EXTINGUISHMENT CONNECTIONS (92-11-23/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the Town Code as follows:

SECTION I

Section 21-20.2, Fire Lanes, is hereby revised by designating the present two paragraphs subsection (a) and adding the following:

(c) Upon a determination by the Fire Chief or the Fire Chief's designee that a fire lane is essential on public right-of-way, whether or not maintained by the Town, or on Town-owned property for the protection of life, safety and property, the Town Manager may cause such further fire lanes to be properly posted as such. Upon the installation of signs designating such fire lanes, said fire lanes shall be regulated by this Code in the same manner as those listed in subsection (a).

This the 23rd day of November, 1992.

AN ORDINANCE TO AMEND CHAPTER 21 OF THE TOWN CODE OF ORDINANCES RELATED TO ESTABLISHMENT AND REGULATION OF FIRE LANES AND PARKING NEAR FIRE EXTINGUISHMENT CONNECTIONS (92-11-23/O-6)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the Town Code as follows:

SECTION I

A new section 21-20.3 is hereby adopted to read as follows:

21-20.3 Parking or obstructing of fire hydrants, standpipe and sprinkler connections prohibited.

It shall be unlawful to park an automobile or vehicle of any kind within 15 feet in either direction of any fire hydrant or sprinkler or standpipe connection or to park any such vehicle in a manner so as to otherwise obstruct a fire hydrant or sprinkler or standpipe connection, provided, however, that this section shall apply with respect to sprinkler and standpipe connections only where signs are posted indicating these parking restrictions.

This the 23rd day of November, 1992.

AN ORDINANCE TO AMEND CHAPTER 21 OF THE TOWN CODE OF ORDINANCES RELATED TO ESTABLISHMENT AND REGULATION OF FIRE LANES AND PARKING NEAR FIRE EXTINGUISHMENT CONNECTIONS (92-11-23/O-7)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the Town Code as follows:

SECTION I

A new section 21-20.4 is hereby adopted to read as follows:

21-20.4 Civil penalties authorized for parking or obstructing of fire lanes, hydrants, standpipe and sprinkler connections.

The Police and Fire Departments are authorized to issue civil penalties for violation of ordinances or regulations including but not limited to Sections 21-20.2 and 21-20.3, which prohibit parking or obstruction of access to fire lanes, hydrants, standpipe and sprinkler system connections.

This the 23rd day of November, 1992.

AN ORDINANCE TO AMEND CHAPTER 21 OF THE TOWN CODE OF ORDINANCES RELATED TO ESTABLISHMENT AND REGULATION OF FIRE LANES AND PARKING NEAR FIRE EXTINGUISHMENT CONNECTIONS (92-11-23/O-8)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the Town Code as follows:

SECTION I

Section 21-20.2 Fire Lanes is hereby revised by designating the present two paragraphs subsection (a) and adding the following:

(d) The posting of signs and marking of parking spaces as fire lanes on public or private property where such areas have not been designated as fire lanes by the Town or some other authorized public agency is prohibited unless such signs and markings state that they are privately established and enforced.

This the 23rd day of November, 1992.

Council Member Herzenberg inquired whether a future sewer line indicated along the western boundary of the property would be installed. Mr. Horton said he believed the line would ultimately be installed.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE TRANSFER OF A UTILITY EASEMENT TO THE ORANGE WATER AND SEWER AUTHORITY LOCATED AT THE CORNER OF ESTES DRIVE AND THE ACCESS ROAD TO THE NEW PUBLIC LIBRARY (92-11-23/R-14)

WHEREAS, the Orange Water and Sewer Authority requires the dedication and recording of utility easements before it accepts water and sewer lines for ownership and maintenance; and

WHEREAS, the originally approved water line plan has been modified so that the water line along the access drive to the library makes a diagonal connection with Estes Drive, instead of a 90' connection;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute and record a utility easement to allow the above-mentioned connection of the access drive and Estes Drive water lines.

This the 23rd day of November, 1992.

Item 10 Information Reports

Council Member Brown requested additional information concerning the sources of increased solid waste volumes. Mr. Horton said additional information could be provided. Council Member Andresen inquired whether the Hector's building was a subject of pending litigation. Mr. Horton said this was correct as a practical matter. Mayor Broun noted that a lawsuit was pending with a lessee.

No executive session was needed.

The meeting concluded at 10:36 p.m.