Mr. Brown expressed his sincere appreciation and gratitude for the Council's recognition of his service to the community. Stating that the project glorified violence, Mr. Brown requested that the Council not approve the proposed gun sculpture project for the downtown area. He suggested that all guns in the projected be melted down and possibly be used to construct a series of eight benches in front of the Post Office on Franklin Street. Mr. Brown stated that the benches could be used to encourage communication among diverse community citizens. Noting his involvement with the development of the Bolin Creek greenway trail, Mr. Brown requested that the Council consider naming Phase II of the trail in his memory. Finally, Mr. Brown requested that the Town investigate overflowing manholes along the Bolin Creek greenway trail.

Item 3 Petitions

Council Member Chilton inquired whether or not staff was investigating truck traffic on Mallette Street. Mr. Horton said this was correct.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER A PETITION FROM MS. DALE REED CONCERNING TRUCK TRAFFIC ON MALLETTE STREET. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER A PETITION FROM DANIEL CARMICHAEL CONCERNING POWER INSTALLATION LINE POLICIES. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

OWASA Board Member Alan Rimer requested that the Town post signs

at development sites indicating applicable contact persons for further information concerning individual projects.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Margaret Leong requested that the Council not approve any further construction in the Bolin Creek drainage basin until there was an adequate flood control system in place. Ms. Leong stated that

a number of authorities were predicting a number of serious hurricanes along the east coast of the United States during the next twenty to forty years. Mayor Broun suggested that the Council receive Ms. Leong's remarks and incorporate them with her previously stated concerns about flooding.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE MS. LEONG'S COMMENTS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Brian Diegre requested that the Town consider providing at least minimal maintenance of Pine Bluff Trail. Mr. Diegre stated that

Pine Bluff Trail had only four dwellings along its frontage. Mayor Broun inquired whether staff could prepare a report to respond to Mr. Diegre's request. Mr. Horton said staff could do so.

Council Member Brown requested that staff provide the Council with copies of resolutions from other local governments regarding the proposed transportation of low-level radioactive waste across local roadways. Mr. Horton said staff would be pleased to do so.

Council Member Capowski inquired whether there were any nuclear waste generators in the Town, and if so, how this waste was handled.

Noting that the State Board of Education would be holding a meeting concerning funding for the construction of new schools on December 12th, Council Member Capowski asked that a Town staff member attend this meeting.

Mr. Horton noted that the item on the agenda facesheet concerning streetscape inadvertently referred to the 100 and 200 blocks of East Franklin Street, rather than the 200 and 300 blocks of West Franklin Street.

Item 4 Consent Agenda/Information Reports

Council Member Capowski requested removal of item c for discussion at the end of the meeting.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (EXCEPTING ITEM C). THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (95-11-27/R-1)

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

a. Deferral of revised minutes of October 9th and minutes of October 23rd.

b. Authorizing renewal of lease of Holmes Day Care Center of 3,850 square feet in the basement of the Hargraves Center on North Roberson Street (five-year as in past years) (R-2).

c. Supporting WCPE-FM radio's request to the Federal Communications Commission regarding radio signal strength (R-3).

d. Budget ordinance for $40,000 for previously authorized construction manager for parks and recreation capital projects (O-1).

e. Request to Time-Warner Cable for additional information related to proposed rate for optional converters with two tuners (R-4).

f. Change to construction contract for present landfill south of Eubanks Road (R-5).

g. Authorizing funding for further defining principles of sustainable development (R-6) Mayor pro tem Brown and Council Member Pavão.

h. Authorizing change in contract with Habitat for Humanity (rescinding $22,000 for construction of a home in Culbreth Park and allocating $15,000 for construction of a home in the Pine Knolls neighborhood) (R-7 and O-2).

i. Authorizing acceptance of application to change the preliminary plat for the Forest Creek II subdivision near Eastwood Lake Road and Piney Mountain Road (for public hearing on January 17th) (R-8).

j. Process for considering expansion of the 1991 East Franklin Street corridor study (to add area from Elliott Road to WCHL) (R-9).

k. Ordinance amending position classification and pay plan (Conversion of Police Officer position to Sergeant position) (O-2.1).

l. Change in Triangle J Council of Governments dues structure (R-9.1).

This the 27th day of November, 1995.

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE FOR A PORTION OF THE HARGRAVES RECREATION CENTER FOR A DAY CARE CENTER (95-11-27/R-2)

WHEREAS, the current five-year lease agreement with the Holmes Day Care Center, Inc. expires on December 31, 1995; and

WHEREAS, the Town wishes to continue to offer space for the operation of a day care center in the basement of the Hargraves Recreation Center Building for use without regard to sex, race, color, creed, affectional preference, or national origin; and

WHEREAS, the Town has published, a public notice of the Council's intent to enter into a lease agreement with the Holmes Day Care Center, Inc., as prescribed by the North Carolina General Statute 160A-272; and

WHEREAS, no other party has requested to lease said premises;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a lease agreement on behalf of the Town of Chapel Hill with the Holmes Day Care Center, Inc. for approximately 3,850 square feet in the basement of the Hargraves Recreation Center on N. Roberson Street for the operation of a day care center, said lease being substantially in the form presented by the Town Manager with his report on this matter on October 23, 1995, a copy of which shall be kept with the records of this meeting.

This the 27th day of November, 1995.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR PARKS AND RECREATIONAL FACILITIES (95-11-27/O-1)

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, that the capital projects ordinance established for Parks and Recreational Facilities in 1986 and amended in 1989 is hereby amended as follows:

SECTION I

The capital project, as authorized by bond referenda approved in November 1986 and November 1989, includes the capital costs of providing parks and recreational facilities within and without the corporate limits of the Town, including the acquisition and development of land for community and neighborhood parks, entranceways, greenways, and open spaces.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the bond authorization, and within the funds appropriated herein.

SECTION III

Revenues anticipated to be available to the Town to complete the project are amended as follows:

Current Budget Revised Budget

Bond Proceeds $7,500,000 $7,500,000

State Grant 240,000 240,000

Interest on Bond Proceeds 129,000 169,000

Transfer from General Fund 106,000 106,000

Total $7,975,000 $8,015,000

SECTION IV

Total amounts appropriated for the project are amended as follows:

Current Budget Revised Budget

Parks and Recreational $7,975,000 $8,015,000

Facilities (including

open space)

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget. He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this projects ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.

This the 27th day of November, 1995.

A RESOLUTION REGARDING ADDITIONAL INFORMATION NEEDED FOR REVIEW OF A RATE FILING BY TIME WARNER CABLE FOR DUAL-TUNER CONVERTERS (95-11-27/R-4)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council adopts the attached order regarding additional information for consideration of the filing by Time Warner Cable dated October 27, 1995, of a proposed rate for dual-tuner converter boxes.

This the 27th day of November, 1995.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A $9,763.42 CHANGE ORDER TO GROUND IMPROVEMENT TECHNIQUES, INC. FOR THE NEW LANDFILL CONSTRUCTION PROJECT (95-11-27/R-5)

WHEREAS, a resolution adopted in November, 1992, authorizes the Manager to execute change orders "which do not cumulatively exceed the bid originally approved by Council by more than 10% of the original contract amount or $50,000, whichever is less, provided that there is an appropriation sufficient for the contract amendment"; and

WHEREAS, the Council in July, 1994, authorized the execution of a $2,774,500 contract with Ground Improvement Techniques, Inc., for construction of a lined landfill and appurtenances thereto; and

WHEREAS, the Council in January, 1995, authorized the execution of change orders #1 and #2 totaling $250,098; and

WHEREAS, there is a need for turning lane into the landfill off of Eubanks Road and improvements to the leachate loading operation improvements; and

WHEREAS, the sum of the $9,763.42 needed previous change orders is cumulatively more than 10%, making Council approval necessary;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a change order to Ground Improvement Techniques, Inc. in the amount of $9,763.42 for the new landfill expansion construction to cover the turning lane and leachate loading improvements.

This the 27th day of November, 1995.

A RESOLUTION REGARDING FOLLOW-UP WORK ON FURTHER OPERATIONALIZING THE CONCEPT OF SUSTAINABLE DEVELOPMENT FOR CHAPEL HILL (95-11-27/R-6)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby authorizes the Manager to enter into an agreement with the UNC Department of City and Regional Planning to prepare a report concerning indicators of sustainability as generally set forth in the attached proposal dated November 17, 1995 from David J. Brower.

BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that the Council hereby authorizes Mayor pro tem Joyce Brown and Council Member Lee Pavão:

to establish and convene a committee to meet with the UNC class regarding its study and report concerning indicators of sustainability; and

for the above purpose, (1) to contact boards and community organizations to request that they appoint representatives to the committee, and (2) and to designate a neighborhood representative on the committee in light of the need for balanced representation of the overall community.

This the 27th day of November, 1995.

A RESOLUTION COMMITTING FUNDS TO HABITAT FOR HUMANITY TO CONSTRUCT A HOUSE ON CREEL STREET (95-11-27/R-7)

WHEREAS, the Town Council has made commitments to the promotion of low- and moderate- income housing opportunities, in the form of statements in its Comprehensive Plan, and its allocation of General Fund revenues to low-income housing initiatives; and

WHEREAS, on October 24, 1994 the Town Council committed $22,000 from Housing Loan Trust Fund to be used for second mortgages and site improvements for two lots in the Culbreth Park Subdivision (Resolution 94-10-10/R-8); and

WHEREAS, the Town has received a request from Habitat for Humanity, Orange County requesting the use of $15,000 of the $22,000 from the Housing Loan Trust Fund to construct a house on Creel Street;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill authorizes the use of $15,000 from the Housing Loan Trust Fund to construct a house on Creel Street in Chapel Hill.

BE IT FURTHER RESOLVED that the construction loan may be converted into a second mortgage loan if financially necessary for the low-income buyer at zero percent interest with at twenty-five year term and with the second mortgage due upon sale of the house or conveyance to heirs by the original buyer; and that the loan be forgiven at the end of twenty-five years if no sale has occurred during that time.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute an amended contract between the Town of Chapel Hill and Habitat for Humanity to incorporate these changes in program, location and amount into the existing Performance Agreement.

This the 27th day of November, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (95-11-27/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, 1995" as duly adopted on June 5, 1995 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

Housing Loan Trust Fund $127,122 $15,000 $142,122

ARTICLE II

REVENUES

Fund Balance $80,997 $15,000 $95,997

This the 27th day of November, 1995.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER A MODIFICATION TO THE PRELIMINARY PLAT FOR FOREST CREEK II SUBDIVISION (95-11-27/R-8)

WHEREAS, the Town Council approved a preliminary plat for Forest Creek II Subdivision on January 13, 1988 (amended May 9, 1988) approving the subdivision with conditions;

WHEREAS, the developer and some property owners petitioned the Council on October 9, 1995 requesting consideration of alternative conditions of the January 13, 1988 (amended May 9, 1988) preliminary plat approval;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that a Public Hearing has been called for Wednesday, January 17, 1995, to consider the proposed modifications to the approved preliminary plat.

BE IT FURTHER ORDAINED that the Town Manager is directed to receive an application for modification of the preliminary plat.

BE IT FURTHER ORDAINED that the Chapel Hill Planning Board shall review and provide a recommendation on the proposed modification at a January meeting.

This the 27th day of November, 1995.

A RESOLUTION DIRECTING THE PLANNING BOARD TO CONDUCT A LIMITED EXPANSION OF THE 1991 EAST FRANKLIN STREET CORRIDOR STUDY AND RECOMMEND A POSSIBLE ADDENDUM TO THE COMPREHENSIVE PLAN (95-11-27/R-9)

WHEREAS, East Franklin Street is one of the Town's most significant entranceways; and

WHEREAS, in 1991, the Town conducted a study of the East Franklin Street Corridor from Estes Drive to Elliott Drive and adopted the "East Franklin Street Corridor Study" as a component of the Town's Comprehensive Plan; and

WHEREAS, new development and redevelopment is expected to occur between Elliott Road and WCHL on Franklin Street; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Planning Board to conduct a limited study of a potential addendum to the 1991 East Franklin Street Corridor Study to include the blocks from Elliott Road to WCHL.

BE IT FURTHER RESOLVED that this limited study is to be designed to 1) review current land use policies; 2) consider access, circulation, parking and pedestrian connections; 3) enhance the entranceway and streetscape; and 4) encourage quality design.

BE IT FURTHER RESOLVED that the Planning Board is requested to make recommendations for a possible addendum to this component of the Town's Comprehensive Plan and to report back to the Council by April 1996.

This the 27th day of November, 1995.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN (95-11-27/O-2.1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials. beginning July 1, 1995() and beginning September 1, 1995()"

Section IV, part C in the Police Department (Patrol) delete the lines

Full-Time Part-Time

No. Hrs. No. Hrs. Grade No.

Police Sergeant 5 40/42 - - 25

Police Offr. 69 40/42 - - 21-24

(Levels I-IV)

ADD the lines

Full-Time Part-Time

No. Hrs. No. Hrs. Grade No.

Police Sergeant 6 40/42 - - 25

Police Offr. 68 40/42 - - 21-24

(Levels I-IV)

This the 27th day of November, 1995.

A RESOLUTION REGARDING THE PROCEDURE FOR ADJUSTING THE TRIANGLE J COUNCIL OF GOVERNMENTS' DUES STRUCTURE (95-11-27/R-9.1)

WHEREAS, The Triangle J Council of Governments' work and fiscal operations are controlled by an organizational Charter and By-laws; and

WHEREAS, member dues structure is set forth in the Charter; and

WHEREAS, the TJCOG member governments would like to pursue alternative funding methods; and

WHEREAS, transferring the assessment and structure of dues from the Charter to the By-laws allows the Board of Delegates more flexibility in establishing and modifying the dues structure; and

WHEREAS, any change to the TJCOG Charter requires the approval of 2/3 of member governments; and

WHEREAS, the Triangle J Board of Delegates requests the approval of this resolution and the approval of the change to the organization's Charter,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the proposed Charter amendment as proposed by the Board of Delegates.

This the 27th day of November, 1995.

Council Member Chilton suggested removing item 4.2d, maintenance of Pine Bluff Trail, for referral to staff. Mr. Horton said staff could respond directly to the petition.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO RECEIVE AND REFER MR. DEIGRE'S PETITION.

Council Member Protzman said Mr. Diegre's comments had a lot of merit.

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

Council Member Protzman requested removal of item 4.2 c for discussion at the end of the meeting.

Item 5 Report of Public Housing and Related Needs Committee

Council Member Waldorf introduced Dr. John Turner to present the committee's report and recommendations.

Dr. Turner expressed regret that Council Member Powell was unable to attend this evening's meeting. Stating that the Committee was an excellent one, Dr. Turner introduced all of the Committee members and expressed appreciation for their good work. Dr. Turner noted that the Committee's general conclusions and recommendations were summarized on page five of the Committee's report. Stating that public housing residents by definition had limited fiscal resources, Dr. Turner said it was important to provide good job training and employment opportunities for residents. On behalf of the Committee, Dr. Turner thanked the Council for responding quickly to the concerns of public housing residents. Dr. Turner stated that residents stood ready to work with the Town to improve the quality of life in public housing.

Committee Member and Orange County resident Maxecine Mitchell said she had been very involved with public housing for about five years. Ms. Mitchell said that Assistant Town Manager Florentine Miller had urged her not to give up on her efforts to improve conditions in public housing communities. She asked the Council to accept the committee's recommendations this evening.

Committee Member Joanne Shirer-Mitchell thanked the Council for its assistance in addressing the concerns of public housing residents. She also thanked Assistant Town Manager Florentine Miller and Human Services Coordinator Karen Rose for their assistance in preparing the Committee's report.

Committee Member Charlie Zimmerli expressed appreciation to Ms. Miller and Ms. Rose for their staff support to the Committee.

Mr. Zimmerli also commended Dr. John Turner for his leadership of the Committee in developing its report and recommendations. Mr. Zimmerli stated that the report sought the Town's care and commitment, rather than funding. He also invited Council Members to visit public housing communities or attend future Housing and Community Development Advisory Board meetings.

Council Member Chilton inquired who would serve on "community resource teams" referenced on page ten of the Committee's report.

Dr. Turner stated that this idea had been successfully implemented in some communities in Florida. He said that the resource team consisted of a Town staff coordinator, interested public housing residents and representatives of local human services agencies. Council Member Waldorf noted that there was a community resource team in place in the Knolls neighborhood, including police officers, community residents and others.

Council Member Brown said she was really impressed with the report's honesty, openness and clarity. Council Member Brown inquired how the Council could fit into possible reorganization of the Housing and Community Development Advisory Board. Dr. Turner stated that the Committee was concerned about the existence of a policy vacuum at the local level and was suggesting that the Council might consider reorganizing the Board to address these concerns.

Mayor Broun stated that the Committee's report made a number of recommendations which were steps in the right direction. He urged the next Council to continue moving in this direction.

Referencing page nine of the Committee's report, Council Member Waldorf said she thought it was very important for the Housing and Community Development Advisory Board to work with Town staff in reviewing the Town's housing-related policies. She stated that this was a neighborhood issue which should be of high standing to the Council. Council Member Waldorf expressed hope that the Council would support the efforts of public housing residents.

Dr. Turner stated that since all three of the Committee's main recommendations were interrelated, it was essential that all three components be implemented. He also said that Town, County and State resources had to be brought to bear to address substance abuse and poverty-related challenges of public housing communities.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO REFER THE COMMITTEE'S REPORT TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

On behalf of the Town Council, Mayor Broun thanked all of the Committee Members for their hard work in preparing the report and recommendations.

Item 6 Discussion with OWASA Board Members

OWASA Board Chair Barry Jacobs introduced Town Board representatives Pat Davis, Dan Vandermeer and Alan Rimer and Carrboro Board representatives Frank Hammill and Joal Hall. He noted that the OWASA Board would be honoring the community service of OWASA Board Member Lightning Brown at its December 14th meeting. Mr. Jacobs also stated that the first day of spring activities at the Cane Creek Reservoir would be available to the public free of charge in honor of Mr. Brown's strong advocacy of water and sewer-related matters.

Mr. Jacobs presented an overview of major items of concern before the OWASA Board at present and in the future, including: cellular telecommunication towers on water towers, availability fees, water and sewer service boundaries, the provision of emergency water supplies to Chatham County and future water supply related matters.

Council Member Chilton inquired about the status of the American Stone Quarry expansion and future OWASA water supply capacities.

Mr. Jacobs stated that OWASA staff had faxed a letter to the Mayor's Office earlier in the day on this matter. Mr. Jacobs provided a copy of the letter to Council Member Chilton for his review.

Council Member Protzman expressed hope that an explicit policy concerning the locating of cellular towers on water tanks might be drafted and executed. Mr. Jacobs stated that explicit policies could be created on these matters. Council Member Capowski said he assumed that Bell South's antennas would be below the top of OWASA's water towers. Bell South representatives indicated that this was correct.

Council Member Capowski stated that utilities should be in the utility business, rather than the development business. He also said that elected officials should make development-related decisions, including the extension of utilities. Mr. Jacobs stated that OWASA's policies would not preclude land-use making

decisions of elected officials prior to commitments for utility connections. Council Member Capowski stated that if public money was used to build water or sewer lines, it would be legally difficult to keep non-emergency users from requesting service from these lines.

Council Member Waldorf asked whether it was correct that there was no particular timetable for the possible stone quarry expansion. Mr. Jacobs stated that the Carrboro of Aldermen had only informally pursued this matter to date. Council Member Waldorf asked how use of the stone quarry for water storage might dovetail with future supply needs.

Mayor Broun noted that Council Member-Elect Andresen wondered whether or not OWASA had looked into the possibility of moving up

the acquisition date of the American Stone Quarry for storage in order to delay the need for a new water storage structure. Mayor Broun also said Council Member-Elect Andresen wondered whether or not a timetable for a mediation process related to the American Stone Quarry was in place.

OWASA Staff Member Ed Holland stated that the memorandum referenced by Council Member Chilton contained no specifics relative to the future development at the American Stone Quarry

or Jordan Lake. Mr. Holland also said it was expected that current supply sources would meet the area's water supply needs for fifteen to twenty-five years. He added that OWASA was keeping its options open by making incremental decisions concerning future water supply sources. Mr. Holland added that there were virtually indistinguishable differences in water quality at Jordan Lake compared to data collected in the Fall of 1988.

Mayor Broun inquired about the development of a timetable for a mediation process relative to the American Stone Quarry property.

Mr. Holland said he hoped that the project's opponents and neighbors of the Stone Quarry would be back in contact with the Dispute Settlement Center to develop a process timetable.

Council Member Chilton said that much of the discussion related to the size of the drainage basin was based on the assumption that per capita water consumption would remain relatively static over the next fifteen to twenty years. Stating that it would be desirable for people to have the same level for water conservation now as they had for recycling ten to fifteen years ago, Council Member Chilton also said that there were tremendous opportunities to reduce future water usage, thereby achieving usage efficiencies. Council Member Chilton also stated that since many pollutants sunk to the bottom of lakes, as demand for water increased, it would be necessary to draw more water nearer to the bottom of lakes. Mr. Holland said there was a movement in the public water utility industry toward least-cost planning relative to future water supply needs. He added that more formal discussions on these matters would hopefully occur during the next few years.

Council Member Chilton said it was important to make decisions now in order to save water and to have continued access to higher quality water. OWASA Board Chair Barry Jacobs said the Board had endorsed integrated resource management at its most recent retreat. He stated that the Board was committed to more intelligent conservation of resources while holding down costs.

Council Member Evans inquired about the status of the possibility of using reclaimed water on the University's Mason Farm property.

Mr. Holland stated that a number of feasibility work proposals had been received from contractors relative to the possible use of reclaimed water on the Finley Golf Course, Meadowmont property and Chapel Hill Country Club.

Council Member Capowski inquired whether use of reclaimed water would necessitate a totally separate water distribution system. Mr. Holland said this might be necessary. Council Member Capowski urged OWASA to keep in mind possible public costs such as digging up existing streets when contemplating possible development of reclaimed water systems.

Council Member Brown suggested that the Council consider holding a work session or detailed discussion at its retreat concerning OWASA-related matters, especially utility planning matters. Mr. Jacobs said the OWASA Board welcomed questions from the Council and would respond to them as quickly and completely as possible.

Noting that OWASA sent its monthly bills in envelopes with plastic windows while Bell South used open window envelopes made partially from post-consumer recycled materials, Council Member Brown said the latter approach was a much better one.

Mayor Broun noted that Council Member-Elect Andresen was interested in knowing the next steps in developing a service timetable for currently unsewered areas. Mr. Jacobs stated that OWASA attempted to balance equity and financial implications of providing service to unsewered areas. He noted that a consultant had recently advised that OWASA was doing a fairly good job of balancing new service costs between new and existing customers. Mr. Jacobs added that there was no specific timetable beyond current projects which would be completed by Spring, 1996.

Mayor Broun also stated that Council Member-Elect Andresen was interested in the scope of OWASA's search for a new Executive Director. Mr. Jacobs stated that a formalized process had not yet been developed. He added that to date, only one comment concerning the process had been received from a Council Member. Noting that the OWASA Board would be discussing desirable qualities in an Executive Director at its November 28th meeting, Mr. Jacobs said the Board would keep all three elected boards (Carrboro, Chapel Hill and Orange County) briefed on the process as it proceeds.

Stating that this evening's joint meeting had been very useful, Mayor Broun thanked all of the OWASA Board members for their continued good service to the community.

Item 7 "Pay As You Throw" Options

Public Works Director Bruce Heflin stated that "pay as you throw" refuse collection systems were based on the amount disposed of by individuals and could be based on weight or volume. Mr. Heflin stated that while most systems focused on single-family homes, some others included multi-family residential and commercial customers. He also said that the Landfill Owners Group was in the process of developing a solid waste management plan for Orange County. Mr. Heflin added that goal setting, such as diversion from the landfill waste stream was also an important of "pay as you throw" systems. He said that staff still needed to do some follow-up work on matters such as whether a weight or volume-based system would be most viable and on further development of suggested follow-up processes by the Council. Mr. Heflin said a work session on "pay as you throw" systems might be possible in February, with a follow-up staff report being made to the Council in April.

Betty Maultsby commended the staff for bringing the matter of "pay as you throw" before the Council this evening. Ms. Maultsby said she had a number of questions about the report before the Council, including whether it was appropriate to compare the Town's refuse volume to the national average, given the fact that a large percentage of the Town's residents were University students. Ms. Maultsby also said she hoped that the Council would set aggressive solid waste reduction goals.

Council Member Chilton said it was odd timing for the matter to come before the Council this evening since the Landfill Owners Group had not settled on whether "pay as you throw" would be a part of Orange County's future solid waste reduction program. He inquired whether the consultant's study would likely be completed. Solid Waste Planner Blair Pollock said the likely completion date would be February, 1996. Mr. Horton noted that the Council's meeting calendar for the spring was becoming somewhat crowded. Council Member Chilton said he thought it was a good idea to have a work session in the near future concerning "pay as you throw" systems.

Council Member Brown said it was very important for collection systems to fit into the Town's overall solid waste reduction goals. Council Member Protzman said although the Council had had a lot of discussions about solid waste reduction goals, he did not think that these plans had been finalized.

Council Member Waldorf inquired about the nature of the thinking behind the presumption that collection methods should not be consistent throughout Orange County. Council Member Chilton said although he had periodically raised this question, no one appeared to want to address this matter. He also noted that it was more cost-effective to operate one type of refuse collection system throughout the entire county. Council Member Chilton said that there did not appear to be a lot of interest in following this approach. Council Member Protzman said it was likely that some elected officials desired to keep refuse collection complaints local. Council Member Waldorf asked whether the matter would come back before various governing boards prior to LOG action. Council Member Chilton said this had not been settled.

Noting that community values differed, Council Member Capowski said the issue before the Council was not new as evidenced by the fact that a 1936 edition of the Chapel Hill Weekly referenced a Chapel Hill Board of Aldermen discussion concerning backyard refuse collection.

Stating that it was important to note that United States citizens generated roughly twice as much trash as western European nations and Japan, Council Member Brown said it was important for the United States to have the highest standards possible relative to solid waste reduction. Council Member Brown said that she had several copies of a videotape of a recent teleconference held by the Environmental Protection Agency (EPA) concerning "pay as you throw" systems and solid waste reduction. Council Member Brown also stated that she had information about hybrid rate systems, combining weight-based and volume-based approaches. Stating it would be premature to make decisions on the matter, Council Member Brown suggested that the Landfill Owners Group continue its discussions of solid waste reduction programs.

Noting that eight years ago she and her husband had lived on the thirty-fifth floor of a building in Chicago with full-scale recycling services, Council Member Evans inquired whether there had been any discussions about the opportunities for recycling in multi-family neighborhoods. Council Member Chilton stated that this group was one of the most difficult to reach, given its transient nature. He added that the consultant working with the Landfill Owners Group would attempt to answer these types of questions.

Council Member Capowski stated that any solid waste reduction system should be kept as simple as possible. He also suggested that waste collection become a utility type function in order that citizens could place some sort of "value" on a bag of garbage, possibly triggering waste reduction behaviors. Also noting that relatively few grocery stores had bulk packaging of products, Council Member Capowski suggested that local governments could place pressure on manufacturers to emphasize bulk packaging of products. He also suggested that if a "pay as you throw" refuse collection fee were charged, there should be a commensurate reduction in property taxes.

Noting that the staff needed to have an opportunity to incorporate the Council's wishes into the budget process, Mayor Broun suggested that the Council keep timing in mind in this matter.

Council Member Brown said it was important for the Council to work in concert with the LOG's schedule in this matter.

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

Item 8 Triangle Public Transit System Options

Mr. Horton stated that no specific Council action was being requested on the matter this evening. He expressed appreciation to Kelly Goforth of the Triangle Transit Authority and neighboring government managers for their assistance in reviewing potential benefits arising from improved transit services to residents of the Triangle area. Mr. Horton presented a brief overview of potential future service Triangle-wide transit options. He stated that the staff's preliminary recommendation was to have a consolidated administrative structure coupled with some local control over the future transit system. Mr. Horton said he recommended that the Council review the matter in concert with the Transportation Board, with staff making a follow-up report to the Council at the February 26th Council meeting.

Stating that there were a number of benefits and risks which needed to be carefully considered, Mayor Broun said he favored the staff's recommendations. Mayor Broun also said he would endorse further exploration of the options outlined in the staff's report.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 10.

Council Member Evans inquired whether Town of Carrboro and UNC had been notified of the preliminary proposals. Mr. Horton said relevant materials had been forwarded to the Town of Carrboro, Orange County and UNC.

RESOLUTION 10 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REQUESTING COMMENTS FROM THE TRANSPORTATION BOARD REGARDING A REPORT ON ORGANIZATIONAL ALTERNATIVES FOR PUBLIC TRANSIT SERVICES IN THE TRIANGLE (95-11-27/R-10)

BE IT RESOLVED by the Town Council:

That the Council requests that the Transportation Board review and make comments to the Council by February 26, 1996, regarding the report dated November, 1995 regarding organizational alternatives for transit systems in the Triangle.

That the Council will receive citizens' comments on the above report as part of the public forum on February 26, 1996.

That the Council will hold a work session at 5:30 pm on Wednesday, March 20, 1996.

This the 27th day of November, 1995.

Item 9 Streetscape Construction Options

Urban Forestry Officer Curtis Brooks said staff had developed five options for utilizing $50,000 in capital improvements funding for streetscape improvements. He added that the North Carolina Department of Transportation (NCDOT) had authorized funding of $75,000 for curb and gutter improvements related to Town streetscape projects. Mr. Brooks briefly reviewed the five alternative projects, noting that they had principally been selected due to the existing conditions of sidewalks and curb and guttering in the area. He also noted that all adjacent merchants and property owners had received information about the possible streetscape projects. Mr. Brooks said that those property owners or merchants who had expressed an opinion about the proposals were generally supportive. Noting that the proposed streetscape projects would ideally be done during the summer time, Mr. Brooks said the staff recommended adoption of Resolution 11, approving streetscape projects as follows:

* Alternative 3: The north side of West Franklin Street and the west side of North Columbia Street from Emilberry's to Investors Title Insurance Co.

* Alternative 4: The north side of West Franklin Street from the Trail Shop to Franklin St. Cycles

He also stated that the logistics for these proposals would not be very awkward.

Council Member Chilton inquired whether the project would work around the existing sidewalk logo in front of Copytron on Franklin Street. Mr. Brooks said this was correct.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11.

Council Member Evans requested that Town staff work with NCDOT and area business merchants to investigate the possibility of installing newspaper enclosures in association with alternative number three.

Council Member Capowski inquired whether it was correct that the arguments against alternatives one and two were principally technically-based. Mr. Brooks said this was correct, noting that

there were a number of utility-related matters which would slow the construction process for these projects. Council Member Capowski inquired whether "extra time" costs were included in the project cost estimates for alternatives one and two. Mr. Brooks said the cost estimates were for materials only, not time costs. Council Member Capowski also inquired whether it was correct that pedestrian traffic was generally lightest at alternative four. Mr. Brooks said this was generally correct. Council Member Capowski asked whether postponing alternatives one and two would have any effect on the length of these project timeframes. Mr. Brooks said probably not, since the Town's Construction Division only had eight employees.

THE MOTION TO ADOPT RESOLUTION 11 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO CONTINUE DETAILED STUDY OF THE REMAINING THREE ALTERNATIVES FOR USE IN PREPARING BUDGET REQUESTS AND SCHEDULING CONSTRUCTION IN UPCOMING FISCAL YEARS (95-11-27/R-11)

WHEREAS, the Council adopted the Downtown Streetscape Master Plan as part of the Town's Comprehensive Plan; and

WHEREAS, the Council allocated $50,000 in CIP funds for specific improvements in the current fiscal year; and

WHEREAS, the Council has received a report from the Town Manager detailing five alternative sites where construction could be undertaken utilizing the available funds; and

WHEREAS, the available funds and current Town labor resources permit construction at only two of the five alternative sites in the current fiscal year;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to prepare final working drawings and initiate detailed discussions about construction logistics with merchants and property owners adjacent to alternative sites 3 and 4 as described in this report.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to continue detailed study of the remaining three alternatives for use in preparing budget requests and scheduling construction in upcoming fiscal years.

This the 27th day of November, 1995.

Item 10 Conditional Use Zoning/Special Use Permit DOTA

Mr. Horton stated that existing language in the Town's Development Ordinance made it quite difficult for applicants to meet some Town requirements for conditional use zoning as related to special use permit. He said staff recommended adoption of Ordinance A.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 3A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A ORDINANCE MAKING ADJUSTMENTS TO CONDITIONAL USE ZONING PROVISIONS (95-11-27/O-3a)

WHEREAS, the Chapel Hill Development Ordinance contains provisions regarding Conditional Use Zoning; and

WHEREAS, it has been suggested that a feature of these regulations, requiring approval of a Special Use Permit within one year, is unworkable;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Development Ordinance shall be amended as follows:

SECTION I

Amend Section 20.3.8 of the Chapel Hill Development Ordinance to read as follows:

Failure to ~~obtain approval of~~ submit a Special Use Permit application within one year of the conditional approval of rezoning to a conditional use district or, if submitted, the withdrawal of such application without prior Council approval, shall void the conditional approval.

SECTION II

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

This the 27th day of November, 1995.

Item 11 Booker Creek Greenway Trail Project

Greenways Commission Chairperson Andrea Rohrbacher said that the Commission was requesting the Council's support in postponing the Morgan Creek trail project in order to provide funding for the Booker Creek trail project. Council Member Capowski inquired whether there were any time constraints involved with obtaining land for the Morgan Creek trail. Parks and Recreation Administrative Analyst said he did not believe that deferring the Morgan Creek trail project would cause any problems relative to future land acquisition. Council Member Capowski inquired whether anything would be lost related to timing if the Council chose to put $30,000 in the upcoming budget for the Morgan Creek greenway trail project. Mr. Horton said he did not believe so.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO USE $30,000 OF 1989 PARKS AND OPEN SPACE BOND FUNDS ALLOCATED FOR THE MORGAN CREEK TRAIL PROJECT FOR THE UPPER BOOKER CREEK TRAIL PROJECT (95-11-27/R-12)

WHEREAS, the Council allocated $30,000 of 1989 Parks & Open Space bond funds for the Morgan Creek greenway project; and

WHEREAS, the Greenways Commission has recommended that the money be used to develop a master plan for the Upper Booker Creek Trail project; and

WHEREAS, the Upper Booker Creek project would have merit and would serve the transportation and recreation needs of a rapidly growing area of Town; and

WHEREAS, the Upper Booker Creek Trail could be planned in conjunction with the proposed Northern Community Park;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to transfer $30,000 of 1989 Parks and Open Space bond funds allocated for the Morgan Creek Trail project to the Upper Booker Creek Trail project.

This the 27th day of November 1995.

Item 12 Proposed Transportation Priorities

Planning Director Roger Waldon said that staff had submitted the Council's transportation project priority list to the NCDOT for inclusion in the regional project priority listing. He stated that two projects, the widening of Weaver Dairy Road and bus fleet replacements, had not ranked as high on the priority listing as the Council desired. Mr. Waldon said staff recommended adoption of Resolution 13, indicating the Council's desire for these projects to have higher priority rankings.

Expressing concern that the criteria used by the Transportation Advisory Committee (TAC) did not yield very good results, Mayor Broun stated that the Transportation Coordinating Committee (TCC)

was working on new criteria to yield better allocations than in the past.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 13.

Noting that the Transportation Board had not commented on the proposal, Council Member Brown inquired when the Board would next meet. Mr. Horton said it could be potentially confusing if the Transportation Board had a recommendation which differed from the Council's. Mayor Broun said he thought it would be desirable to have the Transportation Board's comments on the priority listing. Mr. Horton said he believed that the Board would have a meeting tomorrow night and this item could be added to their agenda.

RESOLUTION 13 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION PROVIDING THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY COMMITTEE COMMENTS CONCERNING THE DRAFT 1997-2003 REGIONAL PRIORITY LIST AND THE 1997-2003 METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM (95-11-27/R-13)

WHEREAS, the Town of Chapel Hill has prepared a 1997-2003 Transportation Project Priority List and submitted that list to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee; and

WHEREAS, the Transportation Advisory Committee has prepared a draft 1997-2003 Composite Regional Transportation Priority List; and

WHEREAS, the Transportation Advisory Committee has requested public comment on that draft Priority List;

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

* The priority ranking criteria should include consideration of previous funding in the Metropolitan Transportation Improvement Program

* The priority ranking criteria should include consideration of access to school facilities

* Replacement transit capital projects should be given more emphasis than transit expansion projects

BE IT FURTHER RESOLVED that the Council believes that in preparing the 1997-2003 Metropolitan Transportation Program that the Transportation Advisory Committee should allocate funds in a manner that promotes a balanced transportation system, emphasizing alternative modes of transportation. The Chapel Hill bus replacement project should receive funding prior to funds being allocated to other transit capital projects.

This the 27th day of November, 1995.

Item 13 Consent Agenda/Info. Reports Discussion

Council Member Capowski suggested a minor modification in language in Resolution 3, pertaining to WCPE radio's request to the Federal Communications Commission.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 3, AS ADOPTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SUPPORTING THE REQUEST TO THE FEDERAL COMMUNICATIONS COMMISSION BY WCPE-FM RADIO FOR APPROVAL TO ENHANCE SIGNAL QUALITY FOR THE AREA INCLUDING CHAPEL HILL, NORTH CAROLINA (95-11-27/R-3)

WHEREAS, radio station WCPE-FM provides high quality programming emphasizing classical music 24 hours a day at the frequency 89.7 MHz; and

WHEREAS, WCPE-FM is very popular with Chapel Hill residents; and

WHEREAS, Chapel Hill radio station WXYC-FM operating at 89.3 MHz has supported the request by WCPE as evidenced by the attached letter dated October 5, 1994;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of Chapel Hill that the Council supports WCPE-FM's request to the Federal Communications Commission to allow WCPE-FM to relocate its antenna to the top of its broadcast tower and to broadcast toward the Chapel Hill area at full power.

This the 27th day of November, 1995.

Council Member Protzman said a lot of development was taking place in the basin feeding into Eastwood Lake. He stated that Eastwood Lake had been drained about twelve years ago, yielding approximately 70,000 cubic yards of sludge. Council Member Protzman said that after drying, this sludge residual could possibly be used as a ground cover at the Orange Regional Landfill facility. He also stated that Eastwood Lake was a very effective detention facility in mitigating potential flooding situations. Council Member Protzman said he would likely approach the Council during the coming year about the possible use of dried sludge as a ground cover at the landfill.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, THAT THE COUNCIL MOVE INTO CLOSED SESSION TO DISCUSS THE BATCH LITIGATION MATTER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Broun said no public report would follow the closed session.

The meeting concluded at 10:12 p.m.