MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MAY 24, 1993 AT 7:30 P.M.

 

Mayor Broun called the meeting to order.  Council Members in attendance were all; WCH, SL, FAM, RWa and RK.

 

Called on Janet Smith; May 23-29th--EMS Week in Town; difficult job for EMS workers; appreciate support of Orange Co. EMS system; encourage support of EMS system in Orange County;

 

WCH--this evening, Ms. Smith delivered a check for $40,000 to the Town--sent crews to Florida for Hurricane Andrew; $40,000 is a lot of money;

 

Item 3 Petitions

 

Broun--petition from Ginny Turner--regarding roosters on Barclay Road; bring back to Council; 

 

Mr. Raj--newspaper reporters brought to attention concern about a rooster in area; owned by two daughters--keep rooster confined in a cage; at night kept in garage in a cage; don't find anything obnoxious about rooster; live near airport--causes noises; dogs nearby cause noise; don't think question is noise menace by pet; if Council Members would like to visit, they are welcome to do so;

 

Mr. McAllister--live directly across the street; not any bother to him; dog lot within fifteen feet of this gentleman's house--far worse nuisance;  One other request--right below house--Hardig--no stop sign on Barclay Road--fifteen children get off bus--put stop sign here to help safety of children by slowing down traffic;

 

Ms. Turner--sound of barnyard animal interfering with work;  dogs are more customary than barnyard animals; would like to have rooster noise eliminated from residential area;

 

JHz, AR--Refer to Manager (9-0).

 

McAllister petition--JHz, AR (9-0).

 

JA--complaints about pigs in past; might look into this also;

 

Henry Lister--Citizens for Sewers in Chapel Hill; use mandated by State statute; Council voted against request for exemption; Town not to pay 100% of assessment costs; residents willing to pay fair share for sewer service; 4.5% of home value in Erwin Village and 1.5% in The Oaks; why is rate so outrageously high?  Retrofitting sewers is more expensive; residents are willing to pay fair share; Town compel OWASA to have a cap on its rates; propose that Town accept direct financial responsibility if it can not get OWASA to remedy health problems with septic tanks; $80,000 at 4%--1/2 of $5 million referenced at recent Council meeting; Homeowner amount higher than any other community in the state; still willing to pay fair share;  Sewer summit on June 9th;  JCap--basis for 6.5%?  Lister--$7,500 was a fair amount for homeowners to pay for a sewer connection; chose 6.5% because this would approach a fair rate; ratio of sewer to home costs;

 

Jill Edens--Last time to address prior to June 9th joint meeting; May 11th--following Council meeting--neighbor stopped on street; neighbor concerned that OWASA and Town not going to help people; three abandoned homes in neighborhood; most lots in North Forest Hills--less than one-half acre; homes being abandoned when sewer fails; neighbors afraid of costs for sewer service; invest only one percent of home cost for one in The Oaks; replace septic system--call on several companies to bring competitive bids; Town--regional monopoly--without outside regulations--free to assess homeowners without oversight; unregulated sewer connection costs--go without homes; county sometimes will not permit upgrades to systems; ask Town to hire an outside consultant on OWASA rates; regulate OWASA--openly elected OWASA reps; system for reasonable cost to provide sewer service;

 

Joe Lomann--don't want to bash OWASA--no personal reason to criticize Council; very unusual rate structure set up to protect university; issue of equity needs to be addressed--following argument presented--pay for service--seems plausible on surface; if pay for all infrastructure--pay a toll on Airport Road; shared obligations in local government; still have no trouble with paying entire cost for sewer system--one issue is predominate one--for over a decade, Town has collected over $4 million to meet water and sewer obligations; $4 million in tax abatements--very few cases--spent for intended purpose; making affordable housing available in Town; three specific proposals--(1) every penny of sewer sales taxes should be spent on sewers until situation is fully resolved;  (2) one-half of money spent after crisis to bring every other home water and sewer service; (3) new annexations should not be finalized until water and sewer plans within two years; once water and sewer service situation resolved, return to requesting exemption; 

 

MC, AR--receive and refer to Manager; JA--some ideas in May 20th be forwarded along to Manager; (9-0).

 

Joe C--Friday a week ago; OWASA condemned Hilltop property--intent to build 200 foot water tower for University and downtown; as a member of Council; unlikely to grant request for permit in residential neighborhood unless can be prove other options; report on alternative sites for tower;  JC, JHz (Refer to Manager) JHz-does OWASA need a water tower in general area?  WCH--yes;  JHz--conversations with staff?  JHz--yes;  JA--Mr. Billingsley called about on day of announcement of location (9-0).

 

JA--quick report from Manager--County considering impact fees; raised some interesting questions; extract our own impact fees from developers; seriously considered an impact tax at one time; AW--asked legislature for an impact tax; former Mayor of Hillsborough did not support; JA--remember Planning Director saying not much of a return from this type of tax;  JBr--explanation of difference between impact tax and fee;

 

JHz--memo from Mayor Kinnaird of Carrboro; OCEDC brochure--support her criticism on next agenda;

 

Broun--tomorrow is Town Hall Day--a number of us to go to Raleigh for Town Hall Day; talk about carpooling later;

 

Board of Adjustment

 

Joe C--Mr. Devany's more interested in HSAB; Broun--could do by acclamation; AW, JA--(9-0).  Mitchell and Culpepper--no alternate;

 

Parks and Rec. Commission

 

Broun--endorse Esphur Foster;  AW--spoke to Lee Pavao earlier today; asked to hold off on other two appointments; suggest reappointing Anscher and Pavao and appoint Foster and leave fourth seat vacant;   JHz, BBP by acclamation (8-1) JA nay. 

 

Foster, Pavao and ANscher appointed.

 

Transportation Board

 

AW--Rachel Willis has done an outstanding job on board;  JBr--second this sentiment; Willis unanimously reappointed;

 

Housing Advisory Board

 

No applicants for this board; MC--Gabriel Godwin (MC, BBP) (9-0).

 

Human Services Advisory Board

 

Broun--two vacancies and one applicant; (MC, AR) (9-0).

 

Personnel Appeals Committee

 

Broun--five vacancies; hope council members; WCH--hear appeals of employees after Manager has had an initial informal hearing; encourage citizens to consider serving on boards;

 

BBP--confused by fact that Tom Cook; JHz--job has taken him out of Town a great deal;

 

Boiler Plant Status Report

 

WCH--ordinarily a consent agenda item; little different tonight; difficulty with coal smolder fire at University Boiler Plant; ask Fire Chief Dan Jones and Special Projects Coordinator Jim Mergner to give status report;

Dan Jones--one week ago, gave report to Council; change in strategy in last week; smoldering situation in silo number one--removed clinkers of coal from hoppers of coal; two options--coal industry experts--offload and inject carbon dioxide or just add carbon dioxide and stabilize; opted for second option--refreshed staff at site; continued application has seemed to work fairly well; cooling effect on smolder and displaced oxygen; whether continues to be a hot spot in silo is solely speculation; intent of team to begin offloading at 8:00 a.m. tomorrow morning; offload coal from silo number one to silo number two; coal removal operation will be around the clock and take three or four days; Fire Department to provide consultation; act as liaison with plant management; Fire Department prepared to take control of situation; JCap--how noisy will coal removal operation be? DJones--somewhat noisy; have to maintain 65% carbon dioxide in silos; empty silos as quickly as possible; JA--how much can be spent on efforts?  DJones--around the clock last week; checking in on plant two to three times per day;  Broun--any overtime?  Jones--not to this point;  JA--University ought to see that Town is reimbursed;  JBr--any effect on our response to other incidents?  Dan Jones--not so far; Broun--thanked Chief Jones for his work;

 

Jim Mergner--thank Dan Jones and his staff for his help; anxious to resolve problem; quite a bit of help from EMS and campus police; coal unloading to begin tomorrow morning at 8:00 a.m. in a routine fashion without any unacceptable risk; about three weeks ago, learned of hot spot in coal silo number one; certain seams of coal develop spontaneous combustion in the ground; heating is addressed by continuing to move coal in silos; withdraw coal from bottom of silos to be consumed; equipment in operation--bucket operators not in operation; unload coal from cars--normally done during daytime hours; removing coal from bottom--entails use of bucket elevators; anticipate a twenty-four hour a day operation for several days; silos filled with carbon dioxide last Monday evening; 65% or more of gases present were carbon dioxide; there are some lessons which have been learned;  Deal with and evaluate problems in the near future; expertise in solid materials flow in silos;

 

Wes Lawton--referenced made to June 9, 1994 SUP earlier; reading of SUP--permit calls for this to be completion date of construction; questioned whether general license for violations prior to this date; many issues need to be addressed; violations of current permit--various noises primarily from coal-handling equipment; a blast occurred at 3:20 a.m. this morning in neighborhood; still the issues of unenclosed structures around plant and unenclosed ash silos; effects saleability and values of property in area; situation is hurting value of properties in area; need to resolve this issue now; concern that lack of presence at Town Council meetings in last year--concerns not being adequately addressed; long period of acrimony;  monthly reports to Council by neighbors;  feel this plant's problems have been caused by poor design and management; problems need to be resolved in a timely fashion;

 

Broun--would appreciate monthly report from Power Plant Neighbors;  Lawton--glad to do this;

 

Pierre Morrell--need relief; problems primarily due to coal handling; traceable back to a former Vice-Chancellor; no detailed cost analysis; university must accept fiscal and moral responsibility; there are major problems--about $20 million back; Tiger owed about $38 million due to major problems; requesting relief from University; University should convert over to gas operation; cheaper to use gas originally; glad to answer questions or give additional detail.

 

Mr. Long--a resident of Cameron Glen, about fifty yards from Mr. Lawson; situation personally affects--enjoy living in Cameron Glen--no difficulty living near construction of unit; no problems with dust or sulphur smell; street noise as well in area; not all residents experience problems;

 

Broun--respond to conversion to gas; Jim Mergner--plant is a coal-fired, steam-producing facility; study by consultant presented to University; study presented in Spring, 1985; pulverized coal generation proposed; remove sulfur dioxide--stay within air emissions permit regulations; period of diminished coal supply--supplement with natural gas or oil--reduce amount of coal; if coal no longer available to be burned--choices would be gas or oil; burning natural gas--unable to assure that natural gas available during winter months; on a interruptable contract with Public Service Gas; if use oil in combusters; plant capacity is 500,000 pounds per hour;  oil has a sulfur component; plant is coal-fired boiler plant with alternate capability; can not operate on oil or gas only; 

 

AW--could get combustion in large grass coal pile--any way to monitor temperature or CO in these piles; any contingency plans if such a fire occurred?  Mergner--heating or hot spots could develop in silos; oxygen essentially excluded from coal piles; hard to keep a perfect seal;  Mergner--actual heating recognized about 3 weeks ago; all ground storage until silos put in place;  Ray DuBose--method use to build coal piles--get compaction in twelve-inch layers--don't want to have too many large lumps; very tightly- packed coal piles--had clinkers in old piles--put out by putting additional coal on piles;  AW--give contingency plans for what would be done if hard one to put out;  DuBose--air is in silos at all times; continuous gas and temperature monitoring needed;

 

AW--does University have long-term plans to do ambient air monitoring around the plant?  Fence line monitoring or anything else?  Mergner--no specific plans for this type of monitoring; AW--might be worth thinking about; Durham is a non-attainment area for carbon monoxide; potential source for carbon monoxide; monitors are fairly standard instruments; may not be a bad idea to put some at fence line of the plant; owe it to these residents;  Mergner--will look into possibility;  JBr--what types of monitors in area?  Mergner--filled silos up with carbon dioxide; are concerned about reasonable about people functioning in area of silo; monitoring will be more intensive during loading of coal; have slide gates on four removal points;

 

AR--size of unit--design capacity of 500,000 pounds per hour; Mergner--third boiler adjacent to new facility; capacity of 150,000 pounds per hour; total 650,000 pounds per hour;  AR--peak capacity not possible with oil?  Mergner--correct;  AR--is there an opportunity to request a rate to continuously use gas because of special nature of project?  Mergner--interruption takes place due to residential demands for gas; emergency rate--because hospital is served by this facility; AR--many years ago when natural gas was in short supply--furniture plants now operate with natural gas 12 months a year rather than using oil; might explore a non-interruptable contract with gas company;  Mergner--problem is to get the gas to this area; AR--find out this information;  Mergner--not designed to operate on alternate fuels; hypothetically go to coal or gas--literally involves finding a new site; AR--explore options for provision of natural gas aside from whether or not facility can be completely converted; bucket elevators are not covered or enclosed?  Mergner--exposed at the top--coal drops down a chute and into two silos; went out into community because of a noise problem; noise was within limits of Town ordinances; AR--any thought given to white noise?  Mergner--yes; not practical for this purpose;  JCap--several day long, 24-hour day coal loading operation; generates some noise; is noise from these things so objectionable that people will be unable to sleep at night?  Mergner--can't answer this; JCap--possibly have monitors to gauge noise and possibly only do loading during the day?  Mergner--can't asnswer this; one way of reducing problems--reduce risk;

 

JBr--in 1986, attended most of public meetings about this plant; plant to designed for use of numerous types of fuel; disappointed tonight to be told that this is not the case; possibly hear from other experts about possibility of use of an alternate fuel; when these fuels became more economically feasible, use them as an alternate; would like to hear from Public Service Company or other experts;  Mergner--plant can be fired using any of the three fuels; don't remembre saying this would be a choice throughout the life of the plant; plant to have capability to burn natural gas or oil supplemented by coal; JHz--in December, 1991--told three alternate sources available;  Broun--enormous sense of frustration; some problems inherent in trying to run a plant of this size in a residential area; need to explore opportunities and options; at least explore options; need to be constantly vigilant;  Mergner--are very anxious to resolve difficulties; want to be a good neighbor; have achieved some significant steps--noise silencers/filters on plant--reductions in noise; once one noise source reduced, others may become objectionable; JA--agree with Mayor's comments about the need to be vigilant in handling these problems; construction problems--present throughout entire process--remember voting on SUP; different climate at that time--raised questions about report on sites and fuel sources; hard to get answers from University at that time; full disclosure leads to better decisions;

 

Broun--Mergner to be in touch with Manager on situation at boiler plant tomorrow;

 

Item 6--Dobbins Hill SUP

 

WCH--request additional materials be entered; questions about entry drive--make situation better for adjoining property owners; reduce width of entry drive from 27 to 24 feet; slow down cars in area with speed bumps; access to Sage Road--access to this property out to Sage Road would be a good alternative--not an option available at this point--applicant does not have right-of-way; applicant has expressed interest in trying to pursue this option; allow access to Sage as an alternate to Dobbins; applicant will pursue if SUP approved;

 

Jack Smyre--no additional information; urge adoption of Resolution;

JBr--for entrance driveway for Dobbins--why not just ten or eleven foot lanes without curb and gutter?  RWa--not a safe roadway width for a 400 foot long roadway; squeeze to be as narrow as possible; uncomfortable going narrower;  JBr--other 10.5 or 11 foot streets in area (lanes); RWa--without curbs--would need to be wider; Smyre--worked with engineer and staff on this matter; 26 feet between face and curb; not interested in wider street than needed; two foot wide curb and gutter on either side; chose curb and gutter--ditch sections take up more room; narrowest cross-section to deal with stormwater;  JBr--concern by neighbor about water and sewer line installation; Smyre--water and sewer is beneath the street; probably bring water in from Sage Road; need gravity sewer down towards Dobbins; JBr--pursuing Sage Road options for access? 

Smyre--yes; JBr--future residents--$16,000 to $22,000 income;

Dyer--maximum income for family of two for $18,000; not a cut and dried regulation; $16,000 is effective minimum and $18,000 is maximum for family of two;  Powell--formula for persons rising above this level in the future?  Dyer--no one gets evicted because income increases; rent goes up with income;  JA--if a three bedroom will be $460 a month, what would regular market rate be;

 

Roger ____________--very few market rate four-bedroom units;  two bedrooms are generally $200 a month more than these units;  JCap--no Town money in this, correct?  Dyer--correct;  JCap--24 foot back to back road on a 60 foot tract?  Smyre--correct;  JCap--McGregor Drive Extension costs; having a little bit of trouble with answer; do we require offset improvements of other developers?  RWa--yes; developer might be required to build road in dedicated right-of-way on Dobbins Hill side; JCap--any downside to access from Sage Road?  RWa--once extended to Weaver Dairy Road, will become a major thoroughfare in the future; better to have traffic come onto Sage Road a little higher up;

 

JBr--no entrance to Dobbins Road--why sidewalk required here?  WCH--thinking is that this will be manner in which people enter property--possibly only way people could approach the area; If entrance on Sage Road, then none of items on Dobbins Drive would apply; RWa--uncertain what will happen concerning Dobbins Drive and Sage Road;   JBr--major push to have another entrance; WCH--might be thirty or forty years out;

 

JHz, AR (adjourn hearing) (9-0).

 

JHz, AR (R-1a) (9-0).

 

Pavilion

 

RWa--reviewed proposal--change in circumstances--abandonment of special use permit requested; allow property owner to take back to a raw piece of land; two situations to abandon--circumstances in place on this site; first condition met; recommend approval of request;

 

MC, AR (R-2a)

 

JCap--must Council do this?  RK--that is correct; RWa--any permit to govern site if abandoned?  RWa--no; WCH--would have to be in compliance with Town rules; if modifications desired--owner would have to approve modificaitons;  JA--ideas about Cat's Cradle?  AW--yes; hope music lovers can find another place to play music;  staff is working on this matter; 

 

(8-0; Broun excused);

 

Stormwater Management Committee Report

 

AW--delayed freport from SWater Mgmt. Committee--May 3rd ad from City of Durham--Stormwater Program Manager--16 staff--$4-

$5 million annual cost; late 1991, Council authorized a stormwater management committee--how to respond to ongoing problems; flooding problems. issue of how to handle stormwater approvals for new developments; applicant to review plans submitted by Manager; NPDES program--address quality of stormwater--larger cities affected by these regulations--we have the luxury of having some time; how do we pay for what it is we have to do?  Early 1992, convened a SMC--meeting very diligently--Mike Neal has worked hard on this project; broke into two committees--Kimberly Brewer and Runyon Woods; Members of committee were a mix of developers, engineers, attorney and othres; committee meetings--three or more hours once per month;

 

Mike Neal--introduced Runyon Woods and Becky France;  Runyon Woods--persistent worry on quantity committee--lower possibility of approving subdivision that might cause stormwater management problems; hydros analysis should be done downstream; need to do inventory of existing subdrainage structures; might put systems over the top; close existing loopholes once had inventory of existing drainage system; quantity committee had hands tied behind its back; need more as-built drawings and inventory of current system for future problem areas;

 

JA--concern about approving existing development; did committee come up with recommendations on what to do in interim?  Woods--require hydro analysis; instruct staff to look deliberately downstream; peak runoff might overburden system; Autobath called for weir to be installed in parking lot; no retention of stormwater in basement; no adequate enforcement of regulations; really need an inventory of facilities; very good one by the City of Raleigh cost about $60,000; some exciting possibilities; lack data to reach conclusions;  AW--one of pleasant surprises--pilot project--inventory for Town--cost about $500,000--most of information we needed could be retrieved for about one-tenth of this amount;  Woods--Durham--going to spend a lot of money; 1988--Town staff proposal--very sensible; don't know if staff or equipment is needed; need to do inventory; JBr--less expensive because could do in-house?  Woods--information needed is for gross calculations for basins; possibly make problems for areas at lower part of basins; AW--one of the committee's thoughts--possibly hire students for the summer--look at drainage around the Town;  AR--looking downstream for hydros--if don't have inventory data, how do you look downstream?  Woods--definitely need an inventory; for a subdivision, include impervious surface area; none of these things are particularly expensive; not a requirement; JBr--quantity of stormwater problems--only looking at Town; what about other communities?  Woods--need an inventory;  JCap--delighted to see drainage assistance program--Woods--good job of cost-sharing;  JCap--Town to be involved in cost-sharing of private property owners?  Woods--if out of town pipe--handled by Town; between property owners--Town to stay out of situation; if series of neighbors together have a problem--handle on a shared-cost basis; property owners appeared to be grateful; Town should have inspection and authority to maintain drainage systems properly;

 

AW--ask Attorney to look at situation where potential for serious damage; is it now Town's problem in perpetuity?  JCap--reducing impervious surfaces; charge a fee--is this done elsewhere?  AW--related to regional stormwater management systems--possibly create a utility or some type of fund; possibly pay based on the amount of impervious surface; Woods--paving of the Town is a terrible thing; tried to come up with good alternates; soils in Town will not absorb enough water; University Mall--overflow parking only needed at certain times of the year;

 

Becky France--Water Quality Subcommittee--sampling and monitoring for the future--NPDES standards examined; subcommittee recommends a desktop model--indicate general quality and identify pollutants; developed a desktop loading instrument; phosporous and nitrogen; subcommittee proposes GIS use; physical and biological monitoring of streams suggested; training and networking of volunteers; some resources in other parts of the state; design water quality monitoring programs; adopt watershed protection regulations for Jordan Lake prior to July, 1993;  AR--one concern--water quality monitoring; non-point source runoff--peak-loaded--at front-end of storm; slower rise for some particulates on curve; peak of stream has to be gauged to runoff; Becky France--pinpointed areas needing more follow-up; maybe some sources of information about cost effective means of handling;  AW--idea is to give a general idea of health of local streams; if we find a problem, locate what specific problem is; get into this level of detail at a later time;  AR--at a later time, this level of detail will be required; AW--want to get ahead of problems; JBr--in contact with citizen monitoring groups?  France--yes; looked at one group's data and found it to be useful; AW--state is doing some monitoring in the area; Ed Holland on committee--very helpful;

 

AW--committee to look at Southern Village and Jordan Lake watershed; have some follow-up for June;

 

AW, AR (R-2.1) (9-0).

 

Human Services Performance Agreements

 

Broun--actual recommendations at budget time on June 28th;  WCH--HSAB is one of the Council's hardest working committees;  Scott Cain--met with nineteen agencies to review their requests; met jointly with Carrboro to discuss agencies; recommendations are before the Council; when making recommendations kept in mind the Youth Committee of VIolent Crime and Drug Abuse and Volunteer Coordinator for Town; happy to answer questions;  Broun--respect for hard work by Human Services Advisory Board;

 

JHz,JBr--receive and refer report (9-0).

 

Recommended Comp. Grant Program--Public Housing

 

TV--replacs Comprehensive Assistance Program; amount is expected to be about $363,000; May 17th--public hearing held--now prepared a final plan--believe have incorporated all concerns raised at public hearing; expect to receive $1,815,000 over five year period; believe can achieve all needs on list; have decent, sanitary places to live; ask Council to adopt resolution authorizing submittal of plan;  AR--some items in tenant's letters appeared to be routine maintenance matters; think City of Durham worked hard to empower residents; save maintenance calls, etc.--any attempt to do empowerment training?  TV--yes; funds for training of residents interested in assisting with maintenance; hope tenants will take on some sense of ownership;  JCap--$175,000 per year from CDBG program?  WCH--correct;  JCap--what is money competing with?  WCH--next agenda item--neighborhood revitalization; water and sewer projects, economic development and housing items; H&CD Board--in community's interest to make funds available for improving public housing units; recommend that larger amount be set aside for housing; JBr--not actually related to item number ten to be passed tonight; does not include what we are talking about right now; only refers; not related to CDBG approval; JBr--other federal programs available?  WCH--no, this is only one for foreseeable future;

 

MC. JHz (R-3); JA--what Durham is doing in terms of empowerment of residents--feel more pride in ownership; make an effort in this area; (9-0).

 

Recommended CD Grant Application

 

RWa--this is a three-year planning horizon for funds; recommending that Council put money together with community funding to address five year needs of community; recommend that renovation of public housing become cornerstone of program; bring sewer to non-sewered areas; plan needs to be submitted to HUD;  JBr--if we adopt this plan tonight; are we adopting a whole three-year period; can it be amended?  WCH--yes, even in the middle of a year;  JBr--changes in other years could be problematic; very strong suggestions about ways of using funds at other hearings; funds almost used exclusively for public housing rehab in the past; neighborhood revitalization is very important; AR, MC (R-4) (9-0).

 

Items by Council Members

 

JA--present a resolution to look at water and sewer service--a huge problem area--expeditious hook-up of water and sewer--important--deal with preventitive maintenance to have a plan; reviewed components of the proposed program; understand that Orange County has issued documents to say have the least amount of government possible--really need County government to be more active;

 

AW--when talk about fees--are these paid by individual septic tank owners?  JA--yes; County staff person to inspect tanks;  AW--how would this be enforced?  JA--inspections required; inspection budget can't be larger until fees collected;  AR--very supportive of Julie's approach--modelled after programs in other states; State of Maine--permits had to be filed for septic tanks--history of sludge buildups; identifies sludge depths in tanks, etc.--AW--don't people have to get permits now?  AR--yes; Orange County has been good about this for several decades; AW--permit needed to put one in?  AR--yes;  JCap--no record of pumping tanks?  AR--correct; JA--charge more for low-pressure systems; help find where low-pressure lines run.  JBr--not covered by State regulations?  RK--County health agency is responsible for making sure this is done; JCap--proposal to investigate?  JA--call for action for County Commissioners to take action; JCap--possibly tie to deed records?  JA--don't think this occurs now; require independent person to check out a septic system; JCap--would tying records together be helpful?  JA--yes; more thorough examination/inspection; more can be done in this area;  AR--if pass resolution tonight and goes back to commissioners; other suggestions may come up;

 

Henry Lister--is part to ask Orange County to inspect Town systems?  JA--yes;  Lister--have some real questions about this; almost like blaming the victim; not everyone knows how to take care of tanks; may not solve some of the problems cited; septic tank owners asking for years to be out from under tanks--who to assess for private lakes; almost a backhanded insult to a lot of septic tank owners trying to alleviate problems; implementation would be a burden on property owners;  JA--not directed at homeowners; think there is a tremendous need to address problem; avoid failure by having education program;  Broun--only concern is uneasy about asking another government to do something within its jurisdiction; a little concerned about getting into someone else's jurisdiction;'  JA--think it is a public health concern and affects a lot of people in the Town; a welcome resolution to commissioners;

 

AW, JHz (R-5)--thank JA for bringing this before us (9-0).

 

Gun Control

 

JHz--banner year for proposed gun control legislation; House Bill 858--make it illegal for persons under 18 to possess and carry a handgun; thank local delegates for support of House Bill 858--extension of local ordinances; JHz, MC (R-6) (9-0).

 

Meals Tax proposal

 

JA--subcommittee met last Friday; under consideration by Senate Local Government Committee; a meals tax might experience some problems; looked at long-range goals; hotelier indicated  might support use of funds for streetscape; looked at alternative funding sources; no telling how this might fare in legislature; get update from legislative delegation tomorrow; felt reassured that Chamber thought Town was pursuing worthwhile goals; still concerns about meals tax--problems in downtown which need to be corrected; more of educational effort on why this is important needed; willing to join Town in effort; possibly introduce a bill in the short session; Chamber did not guarantee support of meals tax option; good idea---use meals tax to pay for interest and principal on certificates of participation for streetscape; have improvements sooner rather than later; MC--discussion surrounded fact that tax might have a sunset date;  JA--this was a possibility also; JBr--focus on streetscape rather than whole infrastructure--police protection, etc.?  JA--no question that in meeting emphasized streetscape, law enforcement, etc.  Believe streetscape to be most important priority;

 

Jim Groot, owner of Red, Hot and Blue--enjoy paying and collecting taxes; not a negative attitude to taxes in general; only two types of taxes to be personally unfair; tax from all to benefit one or tax from one to benefit all; don't think isolated sector should; patrons will pay tax--wish could counter with a solution; personal perception--about 1 1/2 years ago--did not know where wanted to live--did not know where would conduct business; selected NC for two reasons--close to families and climate of NC; came here from Maryland--NC's number one source for business relocations--taxes incrementally instituted by cities and state; new taxes solved no problems; probably a good way to resolve financial needs; want to provide helpful solutions;  Broun--begun an important process--strongly support streetscape; need to enlist as much citizen support as possible; can look forward to working with Chamber of Commerce and other groups; JA--if we want to make improvements, people can say things are getting better, Council will have to go out on a limb and be advocates;  JBr--hope this does not preclude infrastructure--include police protection, etc.; Broun--feel Chamber will work with us on this;

 

Consent Agenda

 

AW--d;  JHz--e and g; AW, JHz--a, b, c and f;

 

AW--back in days when only one meeting a week, felt should have on Monday nights--meet at 7:30 p.m.; Broun--no strong feelings on this;  JCap--would rather have 7:30 rather than 5:45 meetings;  AW--only for Monday nights; WCH--continue public hearing to 5:45 on June 7th; AW--amend R-9 to read 7:30 instead of 5:45 p.m. (AW, MC) (9-0).

 

Out-of-county waste ban

 

JHz--does this include the Town of Hillsborough?  AR--drafted by staff; Hillsborough is not currently part of Landfill Owners Group; MC, AR (O-2) (9-0).

 

Noise ordinance amendment

 

JHz--offered to notify adjacent property owners?  WCH--required as a matter of course (JHz, AR (O-3)) (9-0).

 

Info. Report

 

JBr--date is June 16th, not 19th.

 

11:24 p.m. No report to follow Executive Session; discuss litigation;