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

OF CHAPEL HILL, NORTH CAROLINA, MONDAY, SEPTEMBER 24, 1996

Meeting Agenda:

Page

1. Ceremonies/Announcements........................................................................................................ 1

2. Filling of Vacant Town Council Seat............................................................................................. 5

3. Public Hearing on Proposed Bond Referendum and Bond Orders............................................... 18

4. Public Hearing on Stormwater Impact Statements....................................................................... 30

5. Use of Community Development Funds...................................................................................... 34

6. Petitions.................................................................................................................................... 43

7. Consent Agenda and Information Reports.................................................................................. 45

8. Recommendations of Affordable Housing Committee................................................................. 51

9. Additional Funding for Morgan Creek/Mason Farm Sewer Project............................................. 52

10. Scheduling Public Hearing on Front Yard Parking Restrictions.................................................... 52

Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck and Lee Pavao. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller and Town Attorney Ralph Karpinos.

Item 1: Ceremonies/Announcements

Mayor Waldorf Good Evening. Welcome to this regular meeting of the Chapel Hill Town Council. We’re going to start the evening with a sad announcement which is that David Reynolds who was, since 1986, the Executive Director of the North Carolina League of Municipalities has recently died. He was a person that a lot of people throughout the state and local municipalities knew. He had pancreatic cancer and had a strong struggle that ended too soon and we just wanted to make note of that.

Now, we’ll move on to a more happy observance which is a resolution honoring Mr. W. Everett Billingsley Jr. for his services as the Director of the Orange Water and Sewer Authority. So Everett if you’d please come forward, we’d appreciate that. It’s good to see you. You’ve been busy lately, I know. I would like to take a moment to read this resolution out loud and then have the council move to adopt it and then I think you may have some things you wish to say to the people of Chapel Hill.

“This is a resolution honoring Mr. Billingsley for his services as the Executive Director of the Orange Water and Sewer Authority.

Whereas, Everett Billingsley served as the first director of the Orange Water and Sewer Authority from 1977 through June 1996, almost 20 years and whereas Mr. Billingsley has worked with the highest level of dedication to develop and strengthen Orange Sewer and Water Authority as one of the best public Water and Sewer Utilities and whereas under Mr. Billingsley’s administrative and management leadership the authority has secured and protected the community’s long term high quality water supplies of the University Lake and Cane Creek Reservoirs and the former Stone Quarry near NC 54 along with opportunities for additional water supply resources to meet the future needs of our community and

Whereas, during Mr. Billingsley’s tenure, the authority has won state wide competitions for the better‑tasting water in North Carolina and whereas the authority also obtained and successfully defended a patent for a phosphorus removal process which enabled OWASA to remove to treat waste water to a very low concentration of this element and whereas Mr. Billingsley’s active service in community organizations and professional organizations has included responsibilities as a member of the Chapel Hill/Carrboro Board of Education and as chair of the greater Chapel Hill/Carrboro Chamber of Commerce.

Now therefore be it resolved by the Mayor and Town Council of the Town of Chapel Hill that the Mayor and town council hereby recognize and honor Mr. W. Everett Billingsley Jr. for his outstanding service to the Chapel Hill/Carrboro community.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

THE MOTION WAS MADE AND SECONDED AND ADOPTED UNANIMOUSLY.

A RESOLUTION HONORING MR. W. EVERETT BILLINGSLEY, JR.,

FOR HIS SERVICE AS EXECUTIVE DIRECTOR

OF THE ORANGE WATER AND SEWER AUTHORITY

(96-9-24/R-1)

WHEREAS, Everett Billingsley served as the first Executive Director of the Orange Water and Sewer Authority from 1977 through June, 1996; and

WHEREAS, Mr. Billingsley has worked with the highest level of dedication to develop and strengthen the Orange Water and Sewer Authority as one of the best public water and sewer utilities; and

WHEREAS, under Mr. Billingsley's administrative and management leadership, the Authority has secured and protected the community's long-term high quality water supplies of the University Lake and Cane Creek reservoirs and the former stone quarry near NC 54, along with opportunities for additional water supply resources to meet the future needs of our community; and

WHEREAS, during Mr. Billingsley's tenure, the Authority has won State-wide competitions for the best-tasting water in North Carolina; and

WHEREAS, the Authority also obtained and successfully defended a patent for a phosphorus removal process which enabled OWASA to treat wastewater to a very low concentration of this element; and

WHEREAS, Mr. Billingsley's active service in community organizations and professional organizations has included responsibilities as a member of the Chapel Hill-Carrboro Board of Education and as Chair of the Board of the Greater Chapel Hill-Carrboro Chamber of Commerce;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Chapel Hill that the Mayor and Council hereby recognize and honor

MR. W. EVERETT BILLINGSLEY, JR.

for his outstanding service to the Chapel Hill-Carrboro community.

Adopted unanimously, this the 24^th day of September, 1996.

Mayor Waldorf Everett, it’s been great. As I said earlier, on your retirement day, and I mean this most sincerely, I think that you’ve been an extraordinary participant for good long‑range planning for this community and you’re a person who understands that public service is truly a devotion. We appreciate everything you’ve done and I would like to give you the podium for a minute.

Everett Billingsley Like so many citizens of this community I’m one of the adopted sons, perhaps I adopted the community before the community adopted me but I feel that¼. I accept this resolution noting the accomplishments while I was executive director. I must admit it’s not because I was director, it’s because of the very fine staff that I had that worked diligently on many projects, it’s because of the board members, there were 40 some different board member of the OWASA board while I was executive director, always giving guidance and urgency to us and support and overseeing the things that we were instructed to do. It’s because of the support that we got from the local governments, particularly the town of Chapel Hill dealing in some very arduous times when we were short of water and we were trying to get the Cane Creek Reservoir through the courts and through the various regulatory measures.

I do not recall that there’s any waivering on the part of the Chapel Hill Council during those times. They’d always felt that you and your predecessors represent the citizens of the community were urging us to do what had to be done and I thank you and your predecessors for that. On behalf of the staff and behalf of OWASA boards. We could not have done it without you. I ‘m sure that you’re going to continue that strong support. OWASA has just been called very many different things, some are nice and some are otherwise. So I accept those otherwise ones and say that there are a lot of people that created the organization and its accomplishments.

Also, I want to compliment the staff of the Town of Chapel Hill and the other local governments. We could not do our job without the support and cooperation of the staff members. I don't know of any Manager that the Town of Chapel Hill has had with which I had more constructive relationship than Cal and Cal’s staff and I thank you Cal for that cooperation and constructive support. So it’s been a group effort, a community effort and that’s what it’s going to take to go forward.

On the way here I thought about what the water supply was 100 years ago. Bolin Creek was adequate. But then we don’t expect to tear down the town and destroy it. So what is it going to be 100 years from now? Fifty years from now? Twenty-five years from now? I thank you and others for the support that you’ve given to have that an allotment from Jordan Lake for the communities. It’s better by testing than we thought it would be. We’re having to struggle on the expanded quarry but one thing in water supply, of both water treatment and water distribution, you’ve got to have a long‑range vision and you’ve got to look out 25, 50 75 years into the future because like land there’s many more water resources and our neighbors to the west and to the north and to the east and to the south are all up to the borders. So, not only have we got to look at that parochial interest but, as you know I’ve had a long time commitment to regionalization. And that is not simplization but it’s imperative that all local governments cooperate in preserving the water supplies and the sources of which we will discharge our waste for the years to come. I know that with the type of cooperation and support and urging that you and the former councils have given that OWASA will not be able to rest easily unless it is pursuing that type of effort. So thank you for this resolution, thank you members of the community, thank you Barry Jacobs, most recent chairman of the board and his contingency on the board. It’s been a pleasure, a joy. I look back with a lot of fond memories. I find there’s quite a bit to do in retirement. I’m trying to decide what to do and not to do but I hope to continue to have some continued responsibility toward helping us all have a better community at large. Thank you very much.

Mayor Waldorf It is nice to know that Everett is still around across the line in Chatham County. I want to also recognize Barry Jacobs, the chair of OWASA. Barry would you like to say anything?

Barry Jacobs Thank you Rosemary. I noticed that we were allotted five minutes and having exceeded that at OWASA sometimes we had to extend ourselves sometimes maybe more than we should but at other times we have tried always to be cautious in what we do as far as how we’re going to effect the environment as far as marshaling resources, as far as protecting those resources as we move forward to put the kind of regional approaches that Everett has mentioned. I think Everett has set a really good example for OWASA to follow in the future. I think that our board, when we honored and named the operations center after him, we realize that we were doing that in name of all the people who have worked for and with OWASA over the years. Some of you on this board included and we thank you for the support you’ve given Everett and OWASA.

Mayor Waldorf Thank you. With the Council’s indulgence I’d like to add one little thing to the agenda which is a proclamation which declares October as Public Arts Month in Chapel Hill. I think it’s nice for us all to think about something other than how to get trees that are down in our backyards out to the curb. So I would ask Nancy Preston please to come forward and we’ll just read this proclamation and try to heighten everybody’s attention to the value of the arts in the community.

“Whereas the Chapel Hill Public Arts Commission was established in February, 1992 by the Town Council with the express purpose of enhancing our public spaces by the frequent and changing display of art works by our local artists and whereas the Chapel Hill Public Arts Commission raised through private and ¼ funding enough money to buy and install a system to display artists work in the town hall. And whereas nine shows of art have been held in town hall and introduced our citizens to the work of over fifty local artists working in such media as painting, ceramics, photography, quilting and weaving. And whereas the Public Arts Commission has agreed to work to bring more into the community, it’s first public sculpture that will have an anti‑violent theme. And whereas, this effort has inspired the public to respond with vigor to the initial design for the public sculpture. And whereas, the Public Arts Commission desires to continue a public dialogue to hear the community’s ideas for further design of the sculpture. And whereas the Chapel Hill Public Arts Commission hopes to raise in the larger issue of public art in general, its history, particularly in North Carolina and in our region with public lectures, news articles and commentary on radio and television to raise the visibility of the importance of the arts to our community and the lives of our citizens. And whereas, President Clinton had declared October National Arts and Humanities Month, the time we traditionally set aside to contemplate the place of the arts in our national experience. They are our map and our compass, they tell us who we are and where we come from and most important, they show us who we can become.” I think these words are inspirational. “ Now, therefore, we in Chapel Hill do hereby proclaim October, 1996 to be Public Arts Month in Chapel Hill and encourage all citizens to observe, to read and to discuss the importance of public arts which can reach us all in our lives.” And I would just like to add that on October 6th, the Town will honor the eight local artists whose work was selected and shown this summer at the 1996 North Carolina Art Exhibition at the North Carolina Art Museum and their work will be on display at town hall from October 6th until December 8th. So I hope that everybody will have an opportunity to come and view it. Nancy, thank you for all your work. You were the godmother of all this. I don’t know if you have anything you want to say.

Nancy Preston We’ve come a long way and I hope our citizens will take advantage of all the events we’ve got planned. I think they’re going to enjoy them a lot. I hope you get involved. Thank you.

Item 2: Filling of Vacant Town Council Seat

Mayor Waldorf The next item on the agenda is to move ahead with the second stage of our process of filling the vacant Town Council seat which was created by the untimely passing of Barbara Powell. On August 26th, we as the Town Council decided that September 16th would be the deadline for folks who were interested in applying for this vacancy to file applications with the Town. We received two applications. They were from Louise Stone and Edith Wiggins. I would judge from the amount of phone calls that I’ve gotten that they both have many admirers and we’re all glad to hear from all of their admirers.

In accordance with the resolution that we adopted on August 26th, the applicants have been invited to attend tonight’s meeting and make brief remarks. We have tried to set a 6 minute time reign but we won’t leave the timer on and we hope you’ll try to adhere to that but if you can’t that’s fine. We would like you to come forward and make your remarks and once that’s done I would like to suggest, as we’ve done in the past that council members have the opportunity to ask any questions that they want to. And I wanted to propose as a procedure that we start at one end of the table with one question and move around the council and then repeat that circle until all the questions are completed. Is that acceptable to the council? Okay. So at this point, I would like to ask that we go in alphabetical order. Would you like to come forward Mrs. Stone?

Louise Stone Mayor Waldorf and Town Council members, thank you for this opportunity to speak. I’ll be very brief. My individual conversations with you have been very informative. I tried to absorb as much as possible in a very short time. You all have certainly helped fill in the gaps. You have reinforced the essential characteristic, in my estimation, of the task before the Council. Complexity. You have emphasized preparation, exploration, research, flexibility and values. Clearly this is an al‑large affair. At‑large says it all. If selected for this position, I will serve all the people. I do not represent any special interest groups. I’ve not lived here long enough to form allegiances. No one has sent me and I’m not looking for something to do.

I have a sincere interest in being a part of the process that maintains and promotes Chapel Hill as a fine place to live. Managing long term sustainability of our community must be the focus. As we approach the year 2000, the population growth included a change in the mix of people reflecting an aging and a more ethnically diverse population. The Town Council must be prepared to deal with people who are possessing different values systems and varied cultural backgrounds. We are the only black family in our subdivision. I am not content with this limited expression of diversity. There were only four houses in this development when we bought our home. Be assured that my neighbors are important to me. I will represent them as vigorously as I do a city‑wide constituency. By example, I would hope that my serving inspires a greater diversity in public offices and on county and town boards. I am truly puzzled about the lack of interest in this council vacancy.

Working with the State government, where process is over‑emphasized, has taught me a great deal about how systems work. Specifically, I work in an arena where ambiguous is not allowed. Dealing with publications that promote safety and health in the work place means being precise and insuring that other people are precise free of non‑specific communication. Working with printing and contracts means insisting on compliance. We are not schedule driven but rather are schedule drivers. WE are always looking for more work not battling schedules. Team work is the mechanism that enables my division in the Labor Dept. to succeed. That spirit of teamwork at the state level is transferable to the local level. There is so much to discover about Chapel Hill and the region. I promise to listen and learn. After 38 years of being married to Chuck I’ve done a lot of listening but he’s done a lot of learning. I do not carry the baggage of preconceived notions and easy answers. To get along you go along. If you go along you get along. Thank you Sam Rayburn In lieu of affiliations, I offer you over 100 signatures who are individuals who support my candidacy. Thank you Council Members and Mayor Waldorf.

Mayor Waldorf Thank you Louise, if you want to just stay close, maybe sit down near the front and then after Edith speaks we’ll get more informal here. Edith Wiggins?

Edith Wiggins Mayor Waldorf and members of the Council. I appreciate this opportunity to elaborate on my application to fill the vacant seat on the Town Council. First, I want to thank each of you for your service to our community. Your decisions help shape the quality of life we enjoy. And your decisions have already gone to the positions our community to meet the challenges of the future. Several months ago, in my letter to Chancellor Hooker, notifying him of my intentions to retire from the University I wrote, ”One of my personal goals has always been to retire at 30 years of state service and become a full time community serving volunteer. I will reach that milestone on October 1st. When I wrote that letter I was not thinking of serving on the Council. I was looking forward to exploring and choosing among the many opportunities that exist in this community to serve.

During the past several weeks I spent considerable time considering what it means to serve on the Town Council in Chapel Hill. And now I’m seeking to fill that seat because I’m confident of my ability to contribute in significant ways to the work of the council. And I’ve become excited and enthused about the possibility of serving my community in this way. I’ve been a resident of Chapel Hill for over twenty-five years. I’m married to Sheldon Wiggins, an industrial hygienist at the University and I have two sons who were born, raise and educated in this community. In the early 1970’s I made Chapel Hill my home and I’ve been active in the community since that time by serving on numerous boards, commissions and committees.

Included in my regular service is eight years on the Chapel Hill/Carrboro Board of Education. Serving in that elected position has prepared me to join the work of the Council quickly and easily. From that experience, I know the difference policy making and day to day administration. I know the budget is the standard of the Council’s priorities in dollars and cents. I know how important the Council’s relationship is to the Town Manager for the functioning of our community and the realization of your vision for our Town. I will work hard for all issues before the Council. My graduate earned education, early work experience, school board experience and community involvement equipped me to be particularly helpful to the Council as you addressed human services issues including how to enhance the relationship between the Council and our public schools. Some of the hard issues facing our community are growth and development and the related project review and approval process. Levels of taxation, solid waste management, affordable housing and town and university relations. As I think about my position on these and other issues, I find that I believe that if we must have development it must be sensitive to the environment and help maintain and enhance the village atmosphere and appearance of Chapel Hill.

I favor development of any walkways, bikeways, parks and open space with centers that encourage human interaction and relationship building. Proposed new mixed-use developments should provide meaningful employment for our citizens. Of course any addition to our tax base from this development should more than cover the additional cost of that development to the Town’s infrastructure. I favor an approval process that is highly participatory as well as efficient. The ‘96/’97 General Fund budget reflects my belief that the Council and managers can work together to maintain needed services and programs and hold the line for tax increases.

I’m in the process of educating myself on solid waste issues. Any position I would have tonight would not be as informed as I would like for it to be. I plan to continue reading and studying materials prepared by the staff, minutes of meetings and hearings and related reports. I would appreciate the opportunity to continue my discussions with Council Members on this subject. I was pleased to see in the attachment to the Manager’s administrative goals for ‘96‑’97, the Planning Department’s plan to continue their pursuit of affordable housing options. Success in this effort is so important if Chapel Hill is truly to be an open community where all are welcome.

I’ve wanted to help the Town work for strong cooperation with the University. A relationship built on mutual respect. We are inextricably bound. We must work together and we must sit at the table together as we plan for the future of Chapel Hill.

I was pleased to see that I could access information about our town via the Internet. I understand the staff and town hall will soon have e-mail capabilities. I hope we will continue to explore ways that information technology can assist us in communicating with the citizenry and operating the town. As leaders of the Town we must anticipate the future, be willing to take risks and seek creative solutions and we must inspire the citizens of Chapel Hill to join us in our attempt to position Chapel Hill to meet the challenges of the next century. Finally, I want to thank the community groups and the many citizens who have encouraged and supported my application for the vacant seat. If selected, I’m competent of my ability to represent the entire community, a view that’s shared by this community as evidenced by my election and more importantly my re‑election to the school board. If you act favorably on my application you will choose a person who’s willing to learn fast and work hard. You will choose a person who has a proven record of service as an elected official in this community. You will choose a person who will collaboratively with each of you to achieve the best for our community. You will choose a person who will join you in working on behalf of our town with other governmental units and institutions. You will choose a person who will work with the staff when appropriate and you will choose a person who will always seek to represent the residents of this community by listening carefully and respectfully and by thoughtfully considering each of their concerns. Thank you for this time and thank you for your consideration of my application.

Mayor Waldorf We appreciate you both coming to make these statements and now if you would just stay close I think probably most of the questions will be addressed to both of you .

Council Member Andresen How would you balance quality of life with maintaining the character of Chapel Hill against inevitable growth and development? Give some examples of how the Town Council can preserve the Town’s character.

Edith Wiggins Well, as I understand what’s important to the Town for Town character it is a village atmosphere, the atmosphere that preserves the village atmosphere or the village character would be one that would require that projects adhere to criteria that would help us achieve that, help us enhance that and help us maintain it over time. For me, a very important consideration when you’re looking at growth as I stated in my statement, there are paths of growths on the infrastructure, there’s always a cost that citizens have to pay for new development and for me, I would want to balance the cost of new development to the cost against benefits and that would be a very important consideration for me.

Louise Stone It’s difficult. I’m not sure exactly what Chapel Hill character is but it’s a dilemma because you have the rights of citizens versus the common good. You as a body have the authority to influence the direction or the solution to this dilemma. I think the generalization in this case is not good for me to answer. I think you really have to be specific. You have to address each even or each development or each problem as they arise. And you have to discuss and research all the aspects of whatever development is presented. I don’t know that you can just say yes or no to development. Growth is inevitable as the question states and I am for growth and I am for bearing the tax base as well as increasing the tax base. I think that’s too hard for me to answer.

Council Member Chilton If you could each tell us briefly about where you grew up and circumstances of your growing up.

Louise Stone I grew up on a college campus which was at the time, Hampton Institute, it is now Hampton University and both my parents worked in the university but because of segregation my parents thought that I would not be able to finish college if they did not take me out of segregated schools and send me to a prep school. So I went to a prep school in Maine and then, because my father the end and the beginning was New England, I ended up at Colby College where math was not required and swimming tests were not required. I’m am not an only child.

Edith Wiggins Well, I am an only child. I grew up in the small town of High Point, NC. My father was a United Methodist minister and my mother was a public school teacher. I received all of my education in the public schools in High Point. I went to college, at that time it was called Women’s College. It is now UNC at Greensboro. Like Louise, I grew up in the days of segregation. When I arrived at Women’s College, I was one of ten black women on that campus. What that experience was like, we need to talk about that at another time. Having a minister and a public school teacher as parents, I guess, from my earliest days, I can remember them talking about service, serving their community, giving back to your community as they both did. They set wonderful examples and as my husband can tell you I am never content unless I am involved in some aspect of this community trying to make life better for some group, some person. And even in my work, as a university administrator, on my wall in my office I always kept my social work credentials, my social work certifications and people find it strange that we have a social worker in a high level administrative position but I’ve always approached my work as well as my community service in the spirit of making life better for people. That’s my back ground.

Council Member Evans I think that it’s very important that the different segments work well with each other so I was glad to hear you say that too. I also feel that it’s important to work within our region on a lot of different issues. Could you state some of the issues that you think that we, as a community, could gain from by working on a regional basis?

Edith Wiggins I believe issues like transportation, possibly the solid waste management are the kinds of problems or issues that lend themselves to regional solutions.

Louise Stone I am a strong advocate of regional thought. I think our landfill problem should be in the county. I’m not sure why there should be a garbage dump in Chapel Hill. I would like to see the issues around landfill and solid waste explored. Human services or social services, I think probably belong in the county. Recreation.

Council Member Pavao I’m going to ask a question that I’m frequently asked. Do you think our bus service is important to the town and should we be interested, as a council, in developing mass transit or should Chapel Hill and the area?

Louise Stone I think we need a better transportation system. I personally would like a bus that would take me to Raleigh. But you have to deal with the fact that there are 30,000 people that come to Chapel Hill every day and only 3,000 people from Chapel Hill go to Raleigh, Durham and Research Triangle. I think that has something to do with whatever decisions were made around the problem of mass transit. I think also that if we plan to serve a community of different income levels and if we’re really concerned about pollution then you have to study the possibility of mass transit.

Edith Wiggins I’ve lived in Chapel Hill long enough to remember that when the buses were proposed for Chapel Hill there was fierce opposition in Chapel Hill about Chapel Hill having buses and now we can’t imagine a community without buses. That council had vision for the future and I would hope that in addressing issues of transportation, mass transit that this would be a council that. And I would be happy to participate in the kind of deliberations that at this point would anticipate the future and take risks and be bold and be prepared to meet those kinds of needs for our residents.

Mayor Waldorf I have a question which is in three parts. The first part is, if you’re appointed to the Council, would you seek election a year from this fall? The second part is, if you’re not appointed to the Council, do you think you would seek election and if you’re not appointed to the council, would you consider immediate appointment to a Town advisory board?

Edith Wiggins I gave it some thought before I turned in my application and given the amount of time I’ve spent studying and preparing, trying to understand what the issues are, I’ve invested a lot of time. I’ve invested a lot of myself over the past month. I can’t imagine putting that aside if I’m not selected. I want to keep involved. I want to use what I’ve learned already in some way and I definitely would that the first year, the appointed year, would be a year of preparation and that I can really serve this community and the council best after seeking re‑election and hopefully getting elected. I would be a much better council member at that time than I would be if I was appointed tomorrow. So I definitely would seek to be elected because I would not want to satisfy a year that I had invested on the work and preparation that goes into being a good council member. And I would certainly be interested in other appointments if not selected.

Louise Stone I indicated in my letter that I would seek election at the end of the term so the answer to the first is yes. To the second part, I’ll cross that bridge when I get to it. Third, is qualified. If eight people reject me then I would say no to being on a board because eight people say they have no confidence in you, I could not possibly be effective.

Council Member Brown The word sustainable was mentioned and I would like both of you to give your idea on what that actually means and to expand on it as much as you can.

Louise Stone I think it’s a big word for quality of lifestyle and because it comes from the word sustain then it means that we have to think about 100 years from now and whatever it takes to make the quality of life good for the people who live here and people who work here and don’t live as well.

Edith Wiggins I don’t think that was my word but if I think about it in relation to growth and development I think we would want to approve of projects that this community could support and sustain over time. I think there is nothing any more unattractive in a community than to have a development project that was not well conceived or hasn’t been well maintained and over time becomes an eyesore or a real drain on the community. And to the extent that I think I understand your question I think that’s what sustainable would mean to me.

Council Member Capowski First I would like to thank both of you for volunteering for this seat. It’s remarkable and I appreciate it personally. Most of the decisions that we make are of the form of allocation of scarce resources to people and that means that these decisions affect people’s lives. It also means that when we say yes to someone we are, in affect, saying no to someone else. In Chapel Hill, we are have many quiet cul‑de sacs where people live, where they use the cul‑de‑sac as a little park in which their kids use and they can be pretty sure that the traffic in their cul‑de‑sac is local. That anyone who is driving in there will be there for a reason, to visit their neighborhood and be sensitive to the people who live there. Now the latest in planning theory is cul‑de‑sacs are bad. That we should interconnect roads in a network. How would you feel about, for the sake of town wide traffic efficiency running through roads through cul‑de‑sacs?

Edith Wiggins How do you run a road through a cul‑de‑sac? Once the cul‑de‑sacs, that I’m familiar with, houses are built all around the cul‑de‑sac? Do you mean we would remove one of the houses and then proceed with the road through the cul‑de‑sac? I’m sure that’s not what you mean so if you could help me...

Council Member Capowski The philosophical question I’m trying to ask you is if you weigh town wide transportation efficiency versus the sanctity of the existing neighborhood, on which side of that would you come down?

Edith Wiggins On the sanctity of neighborhoods, unless there was a strong safety element or issue that needed to be dealt with. From time to time we do find, not only in this community, but in other communities a tremendous, not so much traffic as the kind of traffic that’s generated by a pattern causes accidents and sometimes loss of life. I think if we see that happening over a period of time in the neighborhood then if we had to use some space that was not a through street to redirect to protect human life then I think that might take precedence over a cul‑de‑sac for children to play in it. I live on a major thoroughfare. I live on Piney Mountain Road and at one time that was a very isolated, quiet ¼ it was not a cut through community. We chose to live on that street. We moved there three years ago and living on a street that isn’t a cul‑de‑sac is not all that bad. It depends on what else is around the property. We happen to have a lot of open space and wooded area to the side and behind so what goes on out front, we have plenty of space for children to play, even in our front yard and in our backyard. So I don’t think a thoroughfare or cut‑through street is bad living on itself. What always happens is that people who live on a street like that will naturally speak out against it. I think that’s one of the times when the council or responsible people have to balance safety and neighborhood sanctity.

Louise Stone I think the neighborhood is really important here. I do live on a cul‑de‑sac but you couldn’t put a road up either side of my house so maybe I’m safe until the fad of redundant paths has passed. Maybe ten years from now cul‑de‑sacs will be back in, hopefully. But seriously, I think you have to try to find every way possible to not let that happen to a bunch of homeowners. I just think there are certain areas of typography where you can do that and where you cannot do it. And again we’re back at a specific but if it had to be a black and white issue, I’d tend to go with the neighborhoods and the homeowners.

Council Member Andresen One of the things that is written about nationally is that families are separated, people grow off into different communities and there’s more of a sense of isolation generally in our society. So I think that means when you live in a community that has a sense of community like Chapel Hill one tends to really value it. I’m interested to know what kind of things you think the council might do to foster that sense of community.

Louise Stone Well, one of the techniques is retreats for the Council Members. But I think you’d have to do an awful lot of talking to each other and an awful lot of listening, number one. When you wrote that sentence in this list, you used the word “good decision”. I would not use the word good, I would use productive or maybe another word because I think that when you talk about good and bad you’re talking about time passing and things being judged as good one moment ten years, fifty years may be bad. So I would use another word.

Council Member Andresen I think you may have misunderstood my question. While I think it’s good for the council to have a sense of community and we all strive for that but what I was talking about was a sense of community as a whole, all the people living in Chapel Hill. There are some things that people think of that the council can do or does do that foster the sense that we’re living in a town that we can identify ourselves as people who live in Chapel Hill and care for each other. That’s what I’m getting at.

Louise Stone Well, we can perhaps persuade the journalists and newspapers to write things that you say in agreement and not dwell on the things that they disagree with. And perhaps more profiles of the Town, the Town Council members in a positive way. Was I close?

Edith Wiggins One of the things that I think we do very well in Chapel Hill is Festifall and Apple Chill. I think those are two events that really foster a community. I always attend them and when I’m there I always feel very close to everyone else except the young men who bring their pit bulls. I think our flag, I think that was an example of creating a symbol of our community. I think the care that you give decisions about what happens in neighborhoods is another example of what you do well to help create a sense of community. I would like to see some of our development projects include in them centers that draw people together to talk and to build relationships. I would also want the council to be very careful and very deliberate when decisions

are made that one segment in the community would not feel that the Council is more prone to be considerate of the issues that face one segment of the community and not be interested in the issues that face another segment. Sometimes there is a perception that if you are lower income or poor, decisions are not dealt with the same way that they are dealt with in the affluent neighborhoods. If that’s a perception and it isn’t true then we can work harder to dispel that perception. I’m thinking of a couple of examples that lead to that perception and I think the siting of the landfill is one of that is a very, very sensitive issue. I think we just need to be very, very careful when we make decisions that no segment of the community feels that they are not as important as any other segment in this community.

Council Member Capowski Would you have voted for Meadowmount?

Louise Stone When you ask that question please remember that when you had to ask yourself that question, you had public hearings and printed matter to read. What I have is what was in the newspaper and several of you have already told me that I can’t believe what I read in the newspaper. To give you an answer that’s based on a really cursory look at that project, I think I would say to you that I would have voted for it and for Southern Village also.

Edith Wiggins Joe, that question was in the paper Sunday, so I did have an opportunity to think about it. As I thought about it and as I talked to council members over the last couple of weeks in preparation for tonight, I realized that there was no one vote on Meadowmont. And I’ve come to understand that in the process of improving projects and development that there are several stages, that there are several votes on the project often small parts of a larger development get voted on and at each point along the way there is a considerable amount of information to absorb and bring to bear on that decision. And I completely agree with Louise. I can’t answer that question because I didn’t have access to the information, I didn’t have access to all of the dialogue that went on between council members. And so from my own school board experience, let me just say that since you all are our elected officials that I trust that you made the best decision based on the information that you had. And for many of the decisions that you make I don’t really feel like I have to agree or disagree because I trust that you will be doing the best job that you can for our community. And I have many of my supporters..... When I was on the school board, I would call people and say “Why haven’t you called? I haven’t heard from you. What do you think?” and they would say, “I have an opinion but I trust you. I trust your ability to absorb the information, discuss it among the other school board members and I believe you all will make the best decision.” And I believe we will all sometime in the future look back and agree that the best decision was made in that case.

Mayor Waldorf Are there any other questions? Thank you all very much. It’s wonderful to have you all apply and it’s wonderful that you’re both such excellent choices. We thank you very much. Before we move onto the next item I want to suggest that we plan to make a public hearing which I think we will plan later in the meeting to set for Oct 9th so that the council can consider making an appointment for this vacancy. For the moment, I think the appropriate thing to do is for someone to make a motion to nominate both Louise Stone and Edith Wiggins for this vacancy.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO NOMINATE BOTH APPLICANTS, LOUISE STONE AND EDITH WIGGINS, FOR CONSIDERATION TO FILL THE VACANT TOWN COUNCIL SEAT. THE MOTION WAS ADOPTD UNANIMOUSLY (8-0).

Council Member Andresen Madam Mayor, I just wanted to be clear as to what you meant by a public hearing. Is that a public hearing. Is it a public hearing to hear from the two candidates?

Mayor Waldorf No, I’m sorry if I wasn’t clear about that. Because of the storm and because of the overloaded agenda it looks as if the most reasonable thing for us to do is to schedule an extra meeting for October 9th where we will have public hearings on the Kentland Woods project which we kicked off an early agenda a few weeks ago and on the question and on the sprinkler questions and one other item, I think the paving of Lone Pine Road. So if we decide to go ahead and have a meeting on October 9^th, which I think we pretty much have to do. then I’m proposing that since we’re going to be meeting that evening to have those public hearings and that that would be the next time the Council is together in a official meeting that we also make that meeting a special meeting so that we can consider making an appointment to this vacancy. And there is still turnover to the backside of this memorandum of agenda item 2 That would make that meeting a special meeting for the purpose of considering the vacancy.

Council Member Franck Joe and I were just discussing, that day is really not good for either one of us and it hadn’t really been planned as a meeting until we got our agenda for this meeting. I could change it but I’d rather not have to.

Council Member Capowski Monday the 7th is open. Why do we not have a meeting on Monday the 7th?

Town Manager Horton Monday the 7th is a possibility but you had previously scheduled October 9th as a meeting date for the Council on the joint planning hearings.

Mayor Waldorf That’s right. The 9th was set aside for the joint planning hearings but there are no planning projects here jointly with Carrboro and the county. However, the 7th is open. That’s not a League of Municipalities meeting?

Town Manager Horton It’s a period in which both the Town Attorney and I will be out of town. But we’d be glad for you all to proceed.

Council Member Capowski There’s nothing else on the 9th other than the Council vacancy.

Mayor Waldorf No. If you’ll turn in your packet to agenda item 10a, page three of that item. What we face is an overloaded agenda. We were supposed to hear the sprinklers tonight but there wasn’t time. We were supposed to hear the home occupations tonight but there wasn’t time and there’s had to be quite a bit of reshuffling because of the storm and because of requests from citizens. So I think the proposal before us is that we schedule an extra meeting to cover these public hearings. And it seems very reasonable to me that the questions of the vacancy and these public hearings occur on the same evening. So we don’t need to come out twice.

Council Member Andresen I agree with you but if there’s a conflict on the 9th I’ve got no problem with the 7th. I also think we should try to keep our meetings on a regular schedule as the public expects us to meet because I do think it’s really hard for the public to track these different meeting nights. So whenever there’s a choice I think we should opt for the one that we ordinarily have.

Mayor Waldorf And we could just do both at once.

Council Member Chilton We need to make sure that we act on this and it is scheduled late on the agenda right now.

Mayor Waldorf That’s a very good point. Let me ask Ralph a question. Do you think that the other Town Attorney, Terry Gale, could be available on October 7th?

Town Attorney Karpinos I really don’t know.

Mayor Waldorf I don’t believe there’s a motion on the floor as yet. Joe and Richard are both unavailable on the 9th.

Council Member Franck No, I didn’t mean that.

Council Member Capowski Nor am I unavailable but I agree with Julie. I think Monday night should be our night unless there’s a serious reason...

Council Member Andresen I’ll make a motion for Monday.

Mayor Waldorf So you are making a motion that we call a special meeting for October 7th and that keeps it within the six day window? Just barely. So that motion is made.

Council Member Chilton I don’t understand what the motion is.

Mayor Waldorf It’s Resolution 2. On agenda item two, the back page of that memo, the resolution calling a special meeting to fill the vacancy on the Town Council and Julie’s made the motion that we call the special meeting and meet on October 7th instead of October 9th. Do we have a second? Any discussion?

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 2.

Council Member Evans If we’re also planning on moving everything else to that same night, it seems to me that some of the other issues might be difficult to have on that agenda without the manager and the Town Attorney.

Mayor Waldorf Good point. That makes me think of something else which is that there is a significant group of people who plan to attend the meeting to speak on the sprinkler issues. A lot of sorority and fraternity folks, including some out of town folks. And I think they’re planning to come on October 9th.

Town Manager Horton We have advised everyone to wait until the Council set a date before they made any plans.

Mayor Waldorf So what’s at issue here is which night we can get all eight of us present which I think is essential to consider filling the Council vacancy. It’s also highly desirable to consider the public hearing items versus how much we’re inconveniencing members to the public who wanted to come and speak on the issues.

Council Member Evans But it is my understanding that both of you could come on the 9th It’s just not as convenient.

Mayor Waldorf This motion is on the floor. There seems to be some concern about it. Richard and Joe you all want to say your peace here. You all started this, you want to....?

Council Member Franck I’m going to vote for the hearing. I think since it’s a public hearing we can consult with our Attorney and the Manager subsequent to that I’m sure they’ll catch up on a lot.

Council Member Capowski We typically have our meetings on Monday night barring a serious reason not to have one and I don’t think this is a serious reason let’s have this on Monday night.

Mayor Waldorf So the motion is to schedule this meeting for October 7th .

THE MOTION PASSED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS CHILTON AND EVANS VOTING NO.

A RESOLUTION CALLING A SPECIAL MEETING FOR OCTOBER 9 TO CONSIDER FILLING THE VACANCY ON THE TOWN COUNCIL (96-9-24/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a special meeting for October 9 for the purpose of considering the vacancy on the Town Council.

This the 24^th day of September, 1996.

Council Member Franck With the consent of the council to take up an item out of order on the agenda I’d like to move Resolution 15, a resolution scheduling public hearings on fire sprinklers, changes in the home occupation regulations and a paving petition for Lone Pine Road for 7:00 p.m. on October 7th following the special meeting to consider filling the vacant Council seat. COUNCIL MEMBER CAPOWSKI SECONDED THE MOTION.

Mayor Waldorf That motion’s been made and seconded. Let me ask the Manager a question here. Do you have any idea whether the Fire Chief would be available that night?

Town Manager Horton I believe he would be. Yes. Ma’am.

Mayor Waldorf And the planning director? Yes. All right, so that motion is made and seconded.

THE MOTION TO ADOPT RESOLUTION 15 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SCHEDULING PUBLIC HEARINGS (96-9-24/R-15)

WHEREAS the Chapel Hill Town Council intends to schedule public hearings at which to consider and take public comment on various topics, as listed below;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a Public Hearing for 7:00 p.m. on October 7, 1996, at the Chapel Hill Town Hall, for purpose of considering the following proposals:

· Requiring Fire Sprinklers in Fraternities and Sororities

· Requiring Fire Sprinklers in New Construction

· Proposed Changes to Home Occupation Regulations

· Paving Petition - Lone Pine Road

This the 24^th day of September, 1996.

Item 3: Public Hearing on Proposed Bond Referendum and Bond Orders

Mayor Waldorf The format that we have before us tonight is to have a public hearing on all five of the bond issues that are expected to be on the ballot this fall. And any citizens who wishes to come in may come forward and comment on any one of them or all of them. If you wish to comment on more than one of them we prefer that you consolidate your comments into one statement, into one trip to the podium. I hope that format is acceptable to everyone. I think it will move us along. I’d like to call on the Manager for a brief introduction.

Town Manager Horton Thank you, Madam Mayor and Members of the Council. The Attorney has advised that we need to do things in a specific way using specific language tonight. And so my introduction may seem a little bit stilted but I will be using the language that we have been advised to use. Before I get into the stilted language I will just quickly touch on a key backgrounds. The council began the discussion of possibility of bond issues in the spring and having completed deliberations on budget also determined to proceed with discussions of bond packages. You authorized us to put together information. We have done that and presented it to you and the council ultimately decides it on a specific configuration for the bond referenda.

We have prepared the material with advice and direction from the bond council to be presented to you tonight. Specifically, now I get into the stilted part, I know that bond orders entitled, bond order authorizing the issuance of $5 million recreation and facilities bonds to the Town of Chapel Hill, NC. Bond order authorizing the issuance of $3 million of open space and areas

bonds of the Town of Chapel Hill, NC. Bond order authorizing the issuance of $2 million of public safety bonds of the Town of Chapel Hill, NC. Bond order authorizing the issuance of $3 million street and sidewalk bonds of the Town of Chapel Hill NC. Bond order authorizing in the issuance of $500,000.00 building bonds of the Town of Chapel Hill NC were introduced at the regular meeting of the Council on September 10 1996 and were published in the newspaper for general circulation in the Town of Chapel Hill, NC on September 13, 1996 together with a notice of the Council to hold public hearings thereon at 7:00 PM on September 24^th, 1996. We also note that the Town’s Finance Director has filed in the Town Clerks office a statement of debt complying with provisions of local government bond act and the statement was file on September 11^th, 1996 shows the debt indebtedness to be 1.4% of the appraised valuation of the property subject to taxation by the town.

Having done that we also were advised that the bond counsel has proposed suggested specific procedures for conducting the hearings and specific language for adopting bond orders should the council so choose. The Mayor has already explained that the hearing can be conducted as one so that all issues can be commented upon by any citizen wishing to speak. It would be appropriate if the council wishes to do so, for a council to move that the 5 public be open. This motion will need to be voted on by the council. Once all comments have been made and the council member will move that the public hearing’s on the projects be closed and that motion will also need to be voted on by the council. Upon closing the public hearings a council member could move the adoption of the bond order for each project using specific wording as is presented in the memorandum before you. Now that step needs to be repeated for each of the proposed bond orders that the council wishes to consider.

Mayor Waldorf Is there a motion to open the five public hearings?

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO OPEN THE PUBLIC HEARINGS.

Joel Harper Good Evening Mayor Waldorf and Members of the Town Council. I am pleased to stand up here and encourage your support of all these bonds. In fact, the Chamber’s Board of Directors recently endorsed the whole package of bonds. I can read a statement to you that they adopted. “As part of our effort to build a better community in Chapel Hill, the Chamber Board expresses its support of the 13.5 million dollar referendum. The board further expresses its support for further diversification of the town’s tax base to finance these other improvements in the quality of life of Chapel Hill. You can certainly count on me and my time and meager talents to encourage the citizens of this town to vote for these bonds. Thank you.

Ed Caldwell I think there comes a time in the Council’s deliberations that you can’t do everything with the budget. And my experience in supporting other bond issues that you’ve done an excellent job of using that money to enhance things like recreation, the library. If you have anything like my budget, I have to go to the bank and borrow money to finance my cars. Some of the things that we need. Two things I’d like to speak to. One where you talk about streets and sidewalk improvements. I think that you started that up on West Franklin St. and I think that it looks very good. One of the big problems is light. Now, I met with a lot of citizens when we were trying to get a handle on crime. In certain neighborhoods we’ve been trying to work on getting the police and so forth. But the lights in that section is atrocious. You put a light on each pole and anything in the middle you can’t see. So you really need to put burglar lights that illuminate within those dark areas. People are afraid to come out of their houses at night. They go in the house and they just won’t come out.

That’s one of the things that they feel that other sidewalks need to be looked at. And really need to continue with the sidewalks that the old Chapel Hill neighborhoods, those are people that walk. Kids don’t walk, they got cars man. Some of the older citizens really need to walk. The other thing that was brought to my attention is we need to take very seriously in how we spend the money for recreation. I think that you’ve done a good job. If you ever get Hargraves built. I think that I will say that you’ve done a good job. I helped support that bond issue at the time and we waited until the end and I think that’s going to be a very good facility. I have no other problems with the kinds of things.... I think that you really do need to take care of the real things. And you also need to take care of fire and the police. I think this looks pretty good to me. But consider those lights please.

R.D. Smith Madam Mayor and Members of the Council. Last time that I appeared before a elected body requesting money for recreation, I was called selfish. I was only asking for $250,000.00. You are asking for $5 million, I wonder what you will be called. As I told the committee on the recreation .. I mean on the bonding business, that I had some reservations about the whole bonding schedule. Those reservations were that I felt that as regardless of what the bonding companies or the local government commission requires you to put in your bonding package, you as elected officials, I felt, owed the citizens who are going to pay this bill more specifics as to what you are going to do with the bonding money. As I look into the package, I see here where is says “amount to be determined later” To me this looked like a wish list because you are not specific as to what you are going to do. I would be more specific in what I would promise the citizens in order to get the bond issue passed. My next concern is¼ Sometime ago, I had a meeting in regards to the Hargraves Center. The gymnasium. We were led to believe that we had adequate funds to build that facility as planned. And then when I got this package from the council and it said something about completing improvements to Hargraves Center including the new gymnasium. I thought that issue was settled.

Why are we beating that dead horse to death when we though it was already taken care of? Why are we putting that into the bond issue now? But we have left open, we have not allocated $100,000.00 that was promised to us by the county commissioner to go to complete that building. I mean they had $1,035,000.00 that we were told was available and that did not include the $100,000.00 from the county commission. So I wonder why it’s in the bond package. My next concern was the fact that we are asking the citizens of Chapel Hill., in my opinion and in the opinion of some of the recreational people to support recreational programs where 15% of the participants are not residents of Chapel Hill. Now, I’m not willing and I don’t think the citizens ought to be willing to support and pay for bonds to support people who do not live in Chapel Hill and have no part in paying these bonds back. Now that was 15 percent at the time, it may be more. I understand the recreation people are trying to determine just who is and who is not a resident of Chapel Hill. And I think we ought to be sure that people who participate in those activities are people who are contributing to re‑paying these bonds and not whosoever will that will come. And that seems to me as an issue that this council needs to face.

My next concern deals with thirty acres of land that you have for open space. The Merritt’s Pasture. And you said that in this package that you’re going to buy land. Now, why should we be buying land when we have thirty acres of land to dedicate to open space? It can be used. Wouldn’t it be nice just to have a recreation complex on that thirty acres of pasture where you could have all kind of team sports and everything in one place. I know you don’t have any way to get in there but you can get a way to get in there. It may be landlocked now but it shouldn’t be landlocked forever. It may cost a little money but it won’t cost as much as you’re going to have to pay for additional land for parks and recreation. So think about it.

My last comment is the three bond issues that are being proposed for the citizens of Chapel Hill. The state bond issue for public school construction, the county bond issue for school construction and an 8.5% increase in taxes to pay for this 13 million dollars that you have asked the citizens of Chapel Hill to give to these projects. Sometimes we can be taxed to death. .. senior citizens on fixed income are peeling the peach. No wonder. You give us so much on a $100,000 dollar house. Show me where you can buy $100,000.00 home in Chapel Hill. I have a friend of mine who grew up here and wants to move back here but he can’t find a house for $100,000. The poor people in this community are being taxed to death. Somewhere along the line there ought to be priorities set between the town and the school system and I hope you will look into that, work on it so that at least you wouldn’t both bond issues coming at the same time. Thank you very much.

Mayor Waldorf I can’t answer all of your questions. Some of them are too hard for me but I want to definitely go after one question that you raised. You said” What is the meaning of including the Hargraves project in this bond issue?” And I want to try to explain as clearly and specifically as I can what I believe the council meant in doing that. You’re absolutely correct. There is now budgeted 1$1,035,000.00 that is specified to build the Hargraves Gym and you are correct that the county commissioner has committed $50,000 and $50,000 next year to support that project. I was here with you on Sept. 5th and I heard the architect for the Hargraves Gym say he was very sure about his figures. Well, we hope that when that project goes out to bid that it will not cost more than the money that is already budgeted for it but if it does then if this $5 million parks and recreation bond issue passes then the extra money that will be needed to complete planned improvements for the Hargraves Gym would be available from this bond issue. I hope that answers that question. It’s an insurance policy.

Edwin Caldwell My concern is that you have $100,000.00 as cushion and I certainly hope that you would not accept this for anything and if this runs over $100,000. We’ve listened to the architect and I had the feeling that he knew what he was talking about... is the reason why I asked that the time thing be set so that inflation would not eat up this $1 million. And he promised that he would get all his stuff in so that if you go to bid early and once we get a bid we shouldn’t have any change orders. I don’t think you’ll find any rocks or all that kind of stuff over there. We were working under the assumption that that was a decided issue.

Mayor Waldorf I think another thing that is important to say is that Mr. Smith comments bring to mind. He mentioned that an eight percent tax increase that’s projected if all these bond issues pass. That tax increase is a kind of worst case scenario. That’s what would happen if there’s no increase in other revenues to offset that it would come incrementally over time. It would not all come at one pop. I think we all have to remember that a bond issue is essentially kind of a letter of credit from the voters that the council spends money over time as it can. It’s not a directive to spend it all at once.

Flicka Bateman I would love to tell you why I agreed to serve on the citizens committee to promote the bonds. Put most simply, it’s because I believe in these five bonds and here’s why bond by bond. Fire and police facilities; neighbor helping neighbor for fire protection has its precedence in the bucket brigades of old. I’d like to see our community continue this tradition by passing this bond so that a fire station could be built and equipment purchased for future annexation south of town. Our police headquarters building is busting out all over. When the building was constructed fourteen years ago, our town had fifty-nine policemen. Now there are ninety-one. In addition, State requirements for training have increased significantly since construction. With bond money we can enlarge the current training facilities and build a police station.

Second, parks and recreation; Chapel Hill is currently under‑parked. Our facilities and programs are unable to meet the leisure time needs of our expanding population. For example, community center pool staff estimate they had to turn away people 1,200 distinct times last year because the pool had already reached capacity. With bond money we could construct a pool in the northern community part and develop athletic fields and courts.

Third, open space; As our town grows, more and more natural space is being eaten up. We need to set aside some space for nature trails, pedestrian and bike paths and a place where we can get away from it all. Bond money would permit this.

Public work facilities; This one doesn’t have the glitter of some of our other proposed bonds but it takes the lesson of Fran for residents to realize how integral public works services are to our customary way of life. I believe it’s important to pass the bond that would construct facilities and house vehicles and equipment which has been purchased to keep up with the demand of our growing population.

Finally, streets and sidewalk; We’re woefully behind in provided safe passage for pedestrians. Although the Town budget includes some funding for sidewalks it isn’t enough. In addition, for economic vitality downtown needs a face lift. Side walks there are old and utilities need to be put underground. In closing , I urge you tonight to vote to call the bond referendum and assuming that you do that I urge all citizens to bond with their comity by voting yes. Let’s accomplish together what can’t be done individually.

Ken Broun I’m here tonight as co‑chair of the citizens for the support of the 1996 bond issue which we hope that you will pass tonight. With the irrepressible Flicka Bateman who I have the misfortune of having to follow to the podium we strongly believe that the citizens of this community are ready and anxious to approve this bond issue. The needs are clear. Failure to adopt the bond issue will certainly mean that Chapel Hill will remain without adequate recreational facilities and with public facilities that fall far from what’s needed. They will fall far short of what exists in similar communities of this size.

It’s unthinkable that this community would continue to try to provide for the needed fire and police protection for its citizens without the improvements to be financed by these bond issues. That its public work deptartment would function with the inadequate facilities that would exist for so long without this bond issue. That we would continue to suffer with bridges, curbs and gutters that are badly in need of repair. That we would have inadequate sidewalks for our entire community. We’ve always had a vision of Chapel Hill as a very special place, a place with adequate recreational facilities for all of our children, for all of our grownups, with greenspace and with greenways, with a down town that attracts visitors not just from this state but from all over the world. We believe that the citizens of Chapel Hill want our community to be that kind of place. We believe that they will vote for this sensible and conservatively drawn measure if you give them a chance to do so. We ask the council to pass the bond issue proposals in their present form, once informed of the needs that these referendums will support the citizens will rise to the occasion.

Dianne LeMasters My name is Dianne Lemasters and I chair the parks and recreation commission. Although the words parks and recreation conjure up thoughts of fun and frivolous behavior which we do encourage, we also recognize our responsibilities regarding very serious issues in our community. In 1979 Cedar Falls Park was built representing our very first community park and town‑owned ball fields. The community center on Estes Dr. was built then too as were tennis courts at Cedar Falls, Phillips, Estes, Hargraves and Oakwood. Since then only the small North Forest Hills park has been added to our park inventory. Our population in 1990 was 32,421. In July, 1994, we numbered 44,470 an increase of 27%. During this time the number of major facilities for recreation has remained constant while enthusiasm for and enrollment in athletic pastimes has been and still is on the rise. In the last sixteen years team rosters have swollen in an effort to allow as many people as possible the opportunity to participate in structured programs.

The expansion of league play continues to swallow up the precious amount of allotted freeplay time in our gyms, pool and parks. This is really to bad. Unstructured play is important. For the past two years, park and rec commission has held forums in an effort to solicit citizen input on park and rec issues. The main messages conveyed at these forums were needs for another pool, the necessity to continue to reach out to citizens with special needs and the need for the amenities that the normal community park would help provide such as Chapel Hill’s very first and long overdue public soccer fields. We’re planning another forum on Thurs. Oct. 17th in this chamber at 7:00 and we encourage any citizens to speak. Hopefully this will help us keep the finger on the pulse of the community. Our traditional efforts to provide high quality accessible programming are, if you will, our bridge to the past. Our bridge to the future entails much more responsibility. Park and recreation issues are changing rapidly. As a nation we are encouraged to exercise for good health. Health care professionals assure us that many of our ills both mental and physical are improved with regular exercise. Bike paths and pedestrian walkways linking sidewalks and greenways with parks help support fitness and manage stress and are legitimate alternatives to motorized transportation and it’s fun. Wouldn’t it be great if half the kids in town were riding their bikes to school?

Other needs have become apparent too. Sociologists encourage youth participation in athletics to help keep kids busy having fun and staying healthy. The flip side is that athletics can be a deterrent to troublesome activity for youths. Then there are the young and old alike with various special needs who rely on aquatics for therapy. All of these trends are reflected within our community. It is the goal of the park and recreation commission to meet these challenging opportunities. I personally believe that many of our social ills can be banished by participation in athletics. Working together on a team for a common goal can absolutely erase social barriers. When individuals are given the opportunity to actually get to know one another the gains of all individuals on that team are irreplaceable. Our parks and recreation commissions proudly supports proposed bond issues, specifically we need to insure completion of the Hargraves Gym and building out at the northern community park. We feel that our town has a responsibility to keep up with its many needs. To fall behind further than we already have would be a real tragedy for this community. Thank you.

Mayor Waldorf I don’t have any other citizens who signed up to speak on the bond issue. Is there anyone else? If not, is there a motion from the council to close the public hearing.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARINGS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Chilton I move that the council adopt, without change or amendment and direct the clerk to publish as prescribed by the local government bond act the bond order entitled the bond order authorizing the issuance of $2 million public safety bonds of the Town of Chapel Hill, NC introduced at the meeting of Council held on September 10^th, 1996. Council Member Evans seconded the motion.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Copies of all bond orders are on file in the Town Clerk’s Office.

Council Member Franck I move the council adopt, without change or amendment and direct the clerk to publish as prescribed by the local government bond act, the bond order entitled bond order authorizing the issuance of $3 million open spaces and areas bonds of the town of Chapel Hill NC introduced at the meeting of the council held on September 10^th, 1996. Council Member Chilton seconded the motion.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Evans I move the council adopt, without change or amendment and direct the clerk to publish as prescribe by the local government bond act, the bond order entitled, bond order authorizing the issuance of $3 million street and sidewalk bonds of the town of Chapel Hill NC introduced at the meeting of the council held on September 10^th, 1996. Council Member Franck seconded the motion.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Capowski I move the council adopt, without change or amendment and direct the clerk to publish as prescribed by the local government bond act, the bond order entitled bond order authorizing the issuance of $5 million recreation facility bonds of the Town of Chapel Hill NC introduced at the meeting of the Council held on September 10^th, 1996. Council Member Pavao seconded the motion.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Franck I move the council adopt, without change or amendment and direct the court to publish as prescribed by the local government bond act, the bond order entitled bond order authorizing the issuance of $500,000 public building bonds of the Town of Chapel Hill, NC introduced at the meeting of the Council held on September 10^th, 1996. The motion was seconded by Council Member Capowski.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Waldorf Now, Mr. Attorney, please help me. The next thing we do is pass the resolution calling the bond referendum?

Town Attorney Karpinos Adopt each of the resolutions calling them as referendums.

Mayor Waldorf We’ve moved the publishing of the bond orders, so now we’re going to pass five separate resolutions calling five different bond referenda.

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

A RESOLUTION CALLING A SPECIAL BOND REFERENDUM (96-9-24/R-3)

WHEREAS, the bond order entitled:

“BOND ORDER AUTHORIZING THE ISSUANCE OF A $5,000,000 RECREATION FACILITIES BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”

was introduced at the regular meeting of the Town Council of the Town of Chapel Hill, North Carolina (the “Council”) held on September 10, 1996, the Council subsequently held a public hearing thereon and has adopted such bond order; and

WHEREAS, in order for such bond order to take effect the affirmative vote of a majority of those persons who vote on such bond order is required; and

WHEREAS, the Council has been advised that Tuesday, November 5, 1996, is the date of a State-wide general election to be held in the Town of Chapel Hill, North Carolina, and such general election has already been validly called and scheduled by law on the date hereof;

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

Section 1. The bond referendum with respect to said bond order shall be held on Tuesday, November 5, 1996.

Section 2. The Clerk is hereby directed to cause a notice to the referendum to be published twice in the form prescribed by law in a qualified newspaper, the first such publication to be not less than fourteen (14) days before the last day on which voters may register for the referendum and the second to be not less that seven (7) days before the last day on which voters may register for the referendum.

Section 3. The Clerk is hereby directed to mail or deliver a certified copy of this resolution to the Board of Elections of Orange County within three (3) days after the date on which this resolution is adopted by the Council.

This the 24th day of September, 1996.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION CALLING A SPECIAL BOND REFERENDUM (96-9-24/R-4)

WHEREAS, the bond order entitled:

“BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 OPEN SPACES AND AREAS BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”

was introduced at the regular meeting of the Town Council of the Town of Chapel Hill, North Carolina (the “Council”) held on September 10, 1996, the Council subsequently held a public hearing thereon and has adopted such bond order; and

WHEREAS, in order for such bond order to take effect the affirmative vote of a majority of those persons who vote on such bond order is required; and

WHEREAS, the Council has been advised that Tuesday, November 5, 1996, is the date of a State-wide general election to be held in the Town of Chapel Hill, North Carolina, and such general election has already been validly called and scheduled by law on the date hereof;

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

Section 1. The bond referendum with respect to said bond order shall be held on Tuesday, November 5, 1996.

Section 2. The Clerk is hereby directed to cause a notice to the referendum to be published twice in the form prescribed by law in a qualified newspaper, the first such publication to be not less than fourteen (14) days before the last day on which voters may register for the referendum and the second to be not less that seven (7) days before the last day on which voters may register for the referendum.

Section 3. The Clerk is hereby directed to mail or deliver a certified copy of this resolution to the Board of Elections of Orange County within three (3) days after the date on which this resolution is adopted by the Council.

This the 24th day of September, 1996.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION CALLING A SPECIAL BOND REFERENDUM (96-9-24/R-5)

WHEREAS, the bond order entitled:

“BOND ORDER AUTHORIZING THE ISSUANCE OF A $2,000,000 PUBLIC SAFETY BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”

was introduced at the regular meeting of the Town Council of the Town of Chapel Hill, North Carolina (the “Council”) held on September 10, 1996, the Council subsequently held a public hearing thereon and has adopted such bond order; and

WHEREAS, in order for such bond order to take effect the affirmative vote of a majority of those persons who vote on such bond order is required; and

WHEREAS, the Council has been advised that Tuesday, November 5, 1996, is the date of a State-wide general election to be held in the Town of Chapel Hill, North Carolina, and such general election has already been validly called and scheduled by law on the date hereof;

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

Section 1. The bond referendum with respect to said bond order shall be held on Tuesday, November 5, 1996.

Section 2. The Clerk is hereby directed to cause a notice to the referendum to be published twice in the form prescribed by law in a qualified newspaper, the first such publication to be not less than fourteen (14) days before the last day on which voters may register for the referendum and the second to be not less that seven (7) days before the last day on which voters may register for the referendum.

Section 3. The Clerk is hereby directed to mail or deliver a certified copy of this resolution to the Board of Elections of Orange County within three (3) days after the date on which this resolution is adopted by the Council.

This the 24th day of September, 1996.

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

A RESOLUTION CALLING A SPECIAL BOND REFERENDUM (96-9-24/R-6)

WHEREAS, the bond order entitled:

“BOND ORDER AUTHORIZING THE ISSUANCE OF A $3,000,000 STREET AND SIDEWALK BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”

was introduced at the regular meeting of the Town Council of the Town of Chapel Hill, North Carolina (the “Council”) held on September 10, 1996, the Council subsequently held a public hearing thereon and has adopted such bond order; and

WHEREAS, in order for such bond order to take effect the affirmative vote of a majority of those persons who vote on such bond order is required; and

WHEREAS, the Council has been advised that Tuesday, November 5, 1996, is the date of a State-wide general election to be held in the Town of Chapel Hill, North Carolina, and such general election has already been validly called and scheduled by law on the date hereof;

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

Section 1. The bond referendum with respect to said bond order shall be held on Tuesday, November 5, 1996.

Section 2. The Clerk is hereby directed to cause a notice to the referendum to be published twice in the form prescribed by law in a qualified newspaper, the first such publication to be not less than fourteen (14) days before the last day on which voters may register for the referendum and the second to be not less that seven (7) days before the last day on which voters may register for the referendum.

Section 3. The Clerk is hereby directed to mail or deliver a certified copy of this resolution to the Board of Elections of Orange County within three (3) days after the date on which this resolution is adopted by the Council.

This the 24th day of September, 1996.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CALLING A SPECIAL BOND REFERENDUM (96-9-24/R-7)

WHEREAS, the bond order entitled:

“BOND ORDER AUTHORIZING THE ISSUANCE OF A $500,000 PUBLIC BUILDINGS BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”

was introduced at the regular meeting of the Town Council of the Town of Chapel Hill, North Carolina (the “Council”) held on September 10, 1996, the Council subsequently held a public hearing thereon and has adopted such bond order; and

WHEREAS, in order for such bond order to take effect the affirmative vote of a majority of those persons who vote on such bond order is required; and

WHEREAS, the Council has been advised that Tuesday, November 5, 1996, is the date of a State-wide general election to be held in the Town of Chapel Hill, North Carolina, and such general election has already been validly called and scheduled by law on the date hereof;

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

Section 1. The bond referendum with respect to said bond order shall be held on Tuesday, November 5, 1996.

Section 2. The Clerk is hereby directed to cause a notice to the referendum to be published twice in the form prescribed by law in a qualified newspaper, the first such publication to be not less than fourteen (14) days before the last day on which voters may register for the referendum and the second to be not less that seven (7) days before the last day on which voters may register for the referendum.

Section 3. The Clerk is hereby directed to mail or deliver a certified copy of this resolution to the Board of Elections of Orange County within three (3) days after the date on which this resolution is adopted by the Council.

This the 24th day of September, 1996.

Mayor Waldorf Mr. Attorney, is there anything else we need to do? Good job, this is exciting Good things for the townspeople who haven’t had a major bond issue in ten years and all that money except for what’s there we used to build the Hargraves Gym is all gone. The next item on the agenda is a public hearing on proposed requirements for stormwater impact statements as a part of development applications.

Item 4: Public Hearing on Stormwater Impact Statements

Town Manager Horton We’ll go directly to George Small, the engineering director who led this work.

Town Engineer Small We, as some of you know, we had a Stormwater Management Committee that was appointed by the Council some years ago. That committee made several recommendations. Those are listed in an attachment to this memorandum. I won’t go over every one. The one of them that initially was not recommended by the staff however was placed in the final adopted resolution by the Council was the object that is before you tonight for public hearing. That is the requirement that proposed new developments submit stormwater impact statements as a part of their submittal process early in that process rather than simply the technical calculations that are now done at the end.

I refer you to page two of the agenda item which lists the seven key elements that we put together that we think would be important information to be included in a stormwater impact statement. The statement was developed primarily by the staff with the assistance of the Chairman of the Stormwater Management Committee, Art Werner, who is here tonight. We also discussed it with local engineers and developers generally in pieces as we thought about certain elements of it, developments were coming through the Town and we talked to them about each development individually. Some of them have done parts of this for developments already although they are not required to have done it. I would like to just comment on those seven items.

They seem to make sense to us and they seem that if we do get information that it could be presented in a fashion that the Council could quickly review it and get a sense of the impact of stormwater for each new development. It would include a site analysis, a discussion of the impacted area that the development would involve. It would involve some preliminary computer modeling and I’d like to just point out on that. This would not necessarily be the hydros modeling that we do that is quite involved and technical. It could be a more general review of the expectation that the developer has for the types of run‑off that would be generated by the development. The final hydros analysis may differ somewhat but we wouldn’t expect it to differ greatly. We would also ask the developer to submit information on pollutant loading which is the quality element. The computer model initially would be the quantity element of stormwater run‑off. We would want to have the developer discuss erosion and sediment controls and mitigation measures based on the types of impacts that are expected.

Finally, something that we really feel is important is also if detention bases or some other types of mitigation measures are being proposed, how would those be maintained? How would they be inspected? What’s the proposal for that? We think that that can be submitted in an orderly way. It can be done without a great burden on the developer and without a great burden on the staff to review it and without a great burden on you to take a look at that information to help you make some decisions. One thing I’d like to point out, I’m not necessarily emphasizing is that this is primarily information we are getting. It doesn’t have a lot of specific teeth, if you will. It’s designed to help us all get an early picture of the storm water impacts of the new development. I think it’s probably a prototype document. There are other storm water impact statements around the country but this is, as far as I know, is the kind of lean and mean version and I’m really pleased with it. Stormwater was a big deal here in town twelve years ago. It’s been a big deal with me for those ten or twelve years and I’m really glad to see us, at least, discussing this now as your engineer. We sent out the usual notices of this hearing and advertisements in the local media. We also did notify developers that often work in Chapel Hill as well as their engineers. We specifically sent notices of the hearing to them so.. I don’t see a lot of them here but we tried to make them aware of this so we would get a little point counterpoint out of this too.

Council Member Andresen I think this is an excellent tool and really gives information. If we wanted to have something with more teeth what would we do? Do we need to go back to the original drinking water area? What needs to be looked at for this to happen? For us to be in a better position to say “You need to put this detention pond in because ....

Town Engineer Small I’ll make a couple of general comments and I’ll talk to that a little bit too. I think that if we had in place some other regulations, for instance, one of the things that was recommended in the list of planning is to look at expanding the areas of impervious surface limitations or increasing impervious surface limitations to a broader area than just the water supply watershed. That, in a sense could have the result that you may want it to get. As far as putting actual regulatory teeth in this, I think maybe Ralph (Karpinos) could comment on that.

Town Attorney Karpinos Well, I think it depends on specific facts in many different cases the evidence received through the statement that is being proposed here. It mediates something that would give the Council grounds to require something because of the standard of the current special use permit or some other development proposal. There may be some other basis for allowing the council to modify the conditions of approval. But generally, the standards that are contained in the town’s ordinances and law would apply as is indicated in the council’s memorandum.

Council Member Andresen What I was getting at is what standards can we change in order for there to be a little higher hurdle?

Town Attorney Karpinos I’d think you’d have to look at that in a specific case and identify what it is you’re trying to do before we can answer that question.

Council Member Brown If there are no other questions from the Council, we have three people signed up to speak on this item.

Pat Carpenter I reside at 108 Silver Cedar Lane. Tonight I’m actually here representing Patricia Cabarga who has written a letter to each of you and would like to have that this be made part of the public record tonight. “The Honorable Mayor and members of Town Council, As a resident of Chapel Hill, I would like to express my gratitude to the storm water committee for

their valuable studies on water quality and storm water run‑off and for presenting results in such a clear manner. As more and more undeveloped land in Chapel Hill is developed and as the population increases that is dependent of drinking water as well as being affected by storm water run‑off, policies in this area is a necessity. I therefor heartily endorse the adoption of the proposed requirement for submittal of the storm water impact statement for new developments as presented by the storm water committee. However, I find a weak link in attachment B on page seven of the report in the introduction to the storm water impact statement guidelines that I would like to call to your attention. The last sentence of the first paragraph reads” Affirmative

exemption to all or part of the requirements of this storm water impact statement guideline may be granted by the town manager.” When it is appropriate to grant exemptions I suggest that they be reviewed publicly and by the town council or another group appointed by the town council rather than being reviewed privately and by an individual. Thank you for your consideration, Sincerely Pat Cabarga.”

Art Werner I’ve been up here talking about stormwater almost as long and almost as many times as George has. I’m not going to spend much time since I’ve talked about this specifically at least three or four times to this same group. I think this particular item is the culmination of the recommendation made by the Stormwater Management Committee. Of the thirteen recommendations made, most of them very specific. This is the one that brings everything together that says that all the information regarding the project and its impact on storm water quality and quantity, flooding has to be made public and has to be come to the council before a project is considered. That’s really a major change. Historically, projects have been approved with a stipulation that storm water management plan be approved by the manager at some future time and that was usually well after anybody knew what was going on. So I think that’s really critical, that the council and the public would have the information out front. It will also allow you to make decisions on requiring additional mitigation measures which are really tough to do. I think this speaks to Julie’s question to George how you put teeth in this thing. I think the special use permit process has all the teeth you need it’s a matter of whether you want to use them. I think there will be enough information in the storm water impact statement that the Council can make appropriate findings on their stipulations in that the required mitigation or whatever is needed. So I would just like to recommend that the Council direct the manager to bring you, as quickly as possible, and mechanism for implementing this recommendation. Hopefully, we won’t have to come back and talk to you about it.

John Kent I was on the Stormwater Management Committee. I have also have been active for the last six years as a stream watch monitor along New Hope Creek on a monthly basis. I wanted to just say I support this recommendation. I think the Town has done a good thing in having a Committee and the engineering department, George Small, Mike Neal and Kraig Marquis all did a good job and hope you will implement this recommendation. I also wanted to support the idea that any exemptions be reviewed publicly rather than simply by staff. Thank you.

Council Member Brown That’s all that’s signed up for this item. Are there any others that would like to speak to this issue? Then we will open it up to the Council’s questions.

Council Member Evans It seems to me that although we are called Chapel Hill, not all of us live on top of the hill. It has been said that water flows down hill and many of us live at the bottom of the hill. It seems to me that this is another issue that needs to be looked at on a regional basis and so I don’t know how we encourage our neighbors upstream and others to also look this because I think that a great deal of the impact that we have been feeling have been coming from areas outside our jurisdiction.

Council Member Andresen I was responding to Pat’s point. I think that if we can get the other governments to sign onto this we can all be part of that and then maybe all be part of the solution. I just want to commend the staff for really doing a fine on putting this together. I particularly liked the hypothetical example. I thought that was actually a dream development. I can’t remember how many acres it had, perhaps 50 acres and only two which were disturbed at all. That was wonderful. This is highly environmental sustainable development. I would like to explore with our Planning Director at some point his looking into the impervious service areas because I think that is the key to our quality in some of our stormwater management problems.

Council Member Capowski Cal, aside from the notices in the Chapel Hill Newspaper, who knew about this public hearing? My reason for asking is that I’m quite surprised that there’s no one here from the development community that has come up to say “This is more work for us.”

Town Manager Horton I asked that this information be provided to members of the Design Council and to the architectural engineer firms and developers who have a history of having done business in our community and I believe that this was done.

Town Engineer Small There were about forty people on the mailing list.

Council Member Capowski So we have fulfilled our obligation to the people who would be directly affected by this?

Town Manager Horton We certainly have.

Council Member Andresen I think that this hearing has been scheduled before and we changed it. It may be that some people just lost track of when we were going to deal with this. I don’t know whether we can leave the public hearing open for letters. If there’s some way we could do that so that when we then meet again, the letters that come in the meantime can become part of the record. I would like to suggest to Council that we do that.

Town Engineer Small We did re‑mail last week to the persons on the original mailing list.

Town Manager Horton The mailing list did include many architects and engineers and all members of the Design Council.

Council Member Brown Is there a motion then to recess the public hearing?

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REFER COMMENTS TO THE MANAGER AND ATTORNEY AND TO RECESS THE PUBLIC HEARING AND TO LEAVE IT OPEN FOR WRITTEN COMMENTS UNTIL THE COUNCIL TOOK UP THE MATTER AGAIN. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Brown The next item on the agenda is a public hearing on the proposed reallocation of community development funds.

Item 5 Use of Community Development Funds

Town Manager Horton Thank you, Madam Mayor. Chris Berndt, who leads the section of our Planning Department that manages this function will make a brief report. This is part of the process that results from the fact that we’ve had some income returning from investment of community development funds. Specifically, the repayment of mortgages.

Long-Range Planning Coordinator Chris Berndt The topic tonight for public hearing is how to spend about $108,000.00 of additional creating development funds which came from program income, and also reallocating funds that were not used in our previous grant programs. Tonight we’ve identified several different options for how this money could potentially be used and in addition we’d like to have comments from citizens tonight on potential other items. We are in a preliminary way targeting three items that we’d like to suggest as our preliminary recommendation for use of the money.

The first item is to consider budgeting additional funds for the empowerment project work to acquire the Merritt Square property. This matter has received a great deal of the Council’s attention. In particular, the Council, on July 1st authorized $20,000 for that purpose and what we’re suggesting tonight is that the council consider committing not only those funds from community development, but an additional $50,000 for a total of $70,000 to be committed to the project.

The second part of this proposal is the potential for cooperating with Carrboro to develop a parking lot at the corner of West Rosemary Street and Sunset Drive. This proposal would budget $10,000 for that project.

Finally, we’re suggesting that the Council consider budgeting about $28,000 for the Scarlette Drive project which is also a currently funded project through the HOME program. This would provide additional funds towards community housing that would help go towards deferring the costs of site improvement for that project.

In addition to these proposals there are other possible uses for the funds and we’ve listed those out in the memorandum for you tonight. I’d like to just briefly highlight some of those for you. Another potential use might be to budget additional funds for public housing renovation. In addition, the Interfaith Council has initiated a project which we partially funded this year and additional funds could be used to help supplement these funds. More money could be used to assist in constructing playgrounds in public housing neighborhoods and finally the community school for people under six has submitted a letter saying that they could use assistance in helping expand their facility. So these are some of the additional ideas that have come up over the past several months that might merit consideration for use of the money. Also I’d like to mention that the housing board has been meeting and met tonight to consider the proposal and they will be forwarding their recommendation to you on October16th at which time we hope to have considered the council’s comments tonight and public comments and bring back for the council’s consideration of the final proposal that would be on Wednesday, October 16th.

Termaine Kyles My name is Termaine Kyles. I’’m the co‑director of Empowerment Inc. As always we will bring some documentation. First, I’d like to thank you for your initial support of the project and for responding to and urgently critical need in the community. As we discussed before, our financing is built upon $110,000 of government support of which $60,000 is coming directly from local governments and an additional $50,000 is in pass‑through funds from federal funds. Originally, there was discussion of those pass‑through funds coming down in the form of HOME funds that were from the Scarlette Drive project based upon the Executive Director of Orange Community Housing Corp. believing that this project was not going to be on schedule to happen this year.

Some things have changed and it seems now that that project is going to be on schedule and so we’re coming tonight to ask you that $50,000 in pass‑through funds actually come from community development block grant money. We understand that any approval of these funds is pending a staff review of the development based on the financial plans that we have put forward. The joint staff of the three local governments have presented us with a set of questions that they’ve asked that we answer and we’re working on those questions. We’ve been held up for a little bit and are getting back to them on that. I will explain to you an update of where the project is and what some of those hold ups have been.

We learned about a month and a half ago that the property is currently zoned as a motel and so in order to operated it in the best use we will have to get a special use permit. And so what we have done is we’ve gotten an agreement from the current owner that he will extend our contract to buy until we can obtain a special use permit and have already begun talking and working with the Carrboro staff to begin those proceedings. The second thing I’d like to update you on is the financing of the project. The McCauley Institute, which is a national community development lending organization is poised to provide the majority of the funding for the project. Their staff has come down and went over the development plans and the financial plans of the project with us and also did a site visit. Their board is meeting next week and is going to make the final approval of that. In addition, the consortium has agreed on a rate of 8.25% as the rate for the rest of the financing which I think is going to end up being around $48,000.

We’ve also put together renovation plans, including bringing kitchens into the units. We’ve got the quotes to take an existing fence down and put up a wooden fence. One that might be more pleasing to the eye. In summary, Chapel Hill did a wonderful thing on July 1st by responding to this community need. There were some questions asked then and we’ve worked really diligently to answer those questions. What this does is it saves ten units of housing for people who really don’t have a market in Chapel Hill to find any other housing. We thank you for responding. We want you to know that it’s not just about saving housing but it’s about saving a resource for that community and it’s also about promoting economic development and we’ve talked a lot for years about promoting economic development in the Midway area.

Doris Lee I’m here requesting aid in the removal of trees at my home due to Hurricane Fran. In April of 1992, I became a proud homeowner thanks to the program the Town of Chapel Hill offered over in Culbreth Park. I’ve done quite well, I think, considering that a secretary can own a home in Chapel Hill. I’ve become a little disenchanted though, not with the town but with becoming a home owner I have problem with these trees around my home, a lot of trees and I wanted these trees down for a long time. I didn’t want them down this way. There’s probably forty trees laying in my backyard. They’re not on my house, they are laying against my house.

My insurance does not cover removal of these trees. What I’m asking is that .. to have some assistance with the removal of these trees. I applied to FEMA and they claimed they would not help me because they do not consider this an emergency. If the trees are not looming over my house then it’s not an emergency. They referred me to the SBA. They tell me my income is not sufficient enough to give me a loan. I said well how about a grant. They said a grant is basically for farmers. So I’m between a rock and a hard place. I’ve worked, since I’ve owned this home, a full time job and a part‑time job and am doing everything possible to keep my home. I don’t mind working but it’s kind of frustrating when it appears I can get help. Part of the responsibility for these trees is on the town, they are not just on my property but because they have fallen on my property they tell me I’m responsible for this. I have estimates ranging from $2,500 to $4,000. I only have $500 in my savings account let alone $2,500. So I’m asking if there’s anything you all can do to assist with this reallocation, I would appreciate getting my home back to its normal state.

Myles Presler I’m actually here tonight for Stepney Edwards. He had a letter that he asked me to read. ” Mayor and members of the Chapel Hill Town Council, thank you for your support of our efforts to secure a parking lot in the Midway business district. I’m sorry that I cannot be here this evening but I wanted to voice my support for that staff’s proposal to allocate the community development funds to the parking lot at the corner of Rosemary Street and Sunset Drive. Attached you will find a list of thirty additional names to add to the one hundred that I’ve already submitted. These individuals would also like to voice their support for the proposed parking lot.

Many of the names on the original petition were from residents on the surrounding streets who support re‑zoning the lot as a parking area. We have worked for several years to get the towns

to work together to develop this lot as a municipal parking lot because without parking there can be no out of town growth in this community. We are pleased with the town staff for recommending the community development funds for this project and would request that you approve the recommendation. We are heartened that the Town of Chapel Hill seems willing to commit the community development dollars for business development and revitalization in the Midway area. This support is needed. The entire business district stands prepared to support your efforts in any way that we can. Please contact me if I can be of further assistance. Stepney Edwards, owner of Midway Barber Shop.”

Lei Knight Good evening, it’s been a long time since I’ve seen everybody. I basically am coming tonight to talk about the employment project. I kept saying, “Well goodness gracious I don’t know how to go to the Council about this because we’ve been so busy working on trying to rehabilitate the lives we’ve had that I haven’t even had a chance to meet you guys, even though I’d taken over the project about six months ago.” I am coming tonight to ask for additional funds for our project. That’s something that I had asked for back in June but I’m coming again to ask for an additional funds. We have a budget revision that’s going to be coming forth but tonight I’m just coming to verbally ask for an additional $10,000 for our project. We’ve found ourselves in a very difficult place right now because we’re in a place where we’re with the Interfaith Council, but we’re moving toward expanding our project and moving to the Freedom House.

But the question is how do we get from one to the other and sustain our program and be able to have the funds to cover all of our needs and so what we find right now is that we have gotten the support of the town. I hope everyone got the invitations to graduation. We hope to see some of your faces there. We are just in a place where we need to be able to have some additional support to make it from one place to another. I came tonight because I looked at the list and I said, “Well, my goodness, we have all of these people that are adding funds for projects that will help to enhance our environment.” But I still come back to council and say if we don’t ?? rehabilitate the lives of those people in their environment then there’s no sense in rehabilitating or renovating public housing because it just makes another place for a drug dealer to live. So I brought two of my participants so that they could tell some of the things that have happened in their lives since they’ve been a part of the project and hope that you’ll consider another $10,000 and $15,000 if you get happy. But I’m going to let them speak.

Joseph Reales Before I came into the program I was living in Greensboro and using drugs and selling drugs and in and out of hospitals a lot trying to get rehabilitation. When I came to this program it was tough, it was a strict program. You’ve got to go to class all the time and it was really good. This is the first program that I have stuck with and here it is I’ve made it six months through, half‑way through the program. For me the program has changed a little bit. I had quit high school when I was soxtten and now the employment project has gotten me back into Durham Tech in their high school program and I am looking forward to getting my high school diploma again and getting on and getting a better job. I think this is a very good program.

Stanley Norman In addition to what Joe said we had to go to class a lot. It took me to a point of being self‑sufficient for myself. I have a job now. I’m even registered to vote for the first time in my life. Being much of a productive citizen, planning on voting for the presidency. I’ve been asked to teach people to read and write in the shelter. It’s just been a very powerful program for me. I’m kind of nervous talking to a lot of people. It’s very good. I feel like I’m a productive citizen now. Not only am I a role model for the people that surround me who would like to get into the program that are seeing that I’ve done it and they can do it too but also for little kids. So it’s like a recycling thing that being a role model and staying clean off of drugs make a better life.

Donna Dyer I’m Donna Dyer. I’m Executive Director of Orange Community Housing and I just wanted to tell you we appreciate your consideration of using the funds for the Scarlette Drive project. When we initially proposed this project we budgeted about $75,000 for the utilities and so this would bring us up to the amount of money that we hope that we’ll need for this project. So this is really a good thing. With Mr. Hakan’s enthusiasm and Ms. Belinda Wells’ hard work we are about to have an application to submit here in the next week or so for the subdivision approval so we’re moving on it as quickly as we can and look forward to that.

Just an Orange Community Housing update: Our other single‑family project is in Hillsborough, so you may not see it very often, is forty-two single family homes and we’ve sold all but eight lots. We’ve sold over thirty lots in twelve months. We have an income range in that project from $13,000 to $35,000. So we feel like we’re doing the right thing and we’re creating the right kind of home ownership opportunities and so we’re looking forward to getting the Scarlette Drive project tarted as soon as we can.

Anna Mercer McLean Good Evening. My name is Anna Mercer McLean. I’m the director for the Community School for People Under Six and I wanted to thank the Council for the opportunity to speak before you. One of the things I wanted to let you know is that our board has been very committed toward an expansion plan that includes the addition of twelve infant and toddler spaces here in our program. Many of you know that there is a growing need for child care in this community for the young age group from birth to two. As a part of our expansion, one of the requirements, it’s been approved by Orange County because it is on Orange County property, but our board has committed to raising $175,000 separate from any other funding we receive from the town of Chapel Hill or from the county because we are committed to young children and to serving our families in the community.

As part of the planning requirements, one of the things that’s required is that we add a parking lot as well as landscape the area. This is $15,000 to $20,000 more in terms of money that is being added to what the board has already considered as a major goal for us to raise for properties that we will not own. We are asking for the support of the Town in terms of helping us and the committee development money to help pay for this because this we feel is a hindrance in terms of the progress we’re trying to make to support children and families. There are a lot of things in the planning in terms of housing and other parking that are listed and currently being recommended. We wanted you all to keep in mind that you bring in new people to this community, along with that comes new families and the children and nowhere for them to go.

There is always going to be a need here in Chapel Hill as long as the university is here as long as the community members are coming in to the city for child care. We hope that you all consider the community school’s plans and help us with our goal in terms of achieving this because it does take a whole family, a community, a village to raise a child. Thank you.

Council Member Brown If there are no other people who would like to speak, I will turn it over for comments and questions by the Council.

Council Member Evans A little earlier this evening we heard Ed Caldwell talk about the need for better lighting. It seems to me that bond funds should not be used for lighting but I wonder if, I’ve often encourage us to use community development money for safety, both for pedestrians and for other kinds of safety issues in the Midway Area and wonder if maybe some community development money could be used for improving the lighting in those neighborhoods.

Council Member Chilton I have a couple of questions for the Community School for People Under Six. As I understand it, the construction of the 4,000 square foot parking lot is not something that the school itself is designed to build. It’s something that the Town is telling the school that it has to build? I’m wondering whether the Planning Department or the Town Council has any latitude in considering that requirement. Also, whether there’s any way that that can be waived in one degree or another for the school? The Community School for People Under Six is not your typical school for people under six. It’s a preschool and daycare‑type facility that’s particularly to serve lower income people in Chapel Hill and Carrboro. It’s one of the most racially diverse of these schools. I think it deserves some special consideration. The staff can report back to us as to what latitude we may have to help out the Community School for People Under Six other than through giving them $15,000 to $20,000.

Second, I feel like if the school doesn’t get the funding through this process that perhaps it would be appropriate for members of the town council or the town council itself to point out to the county commission the fact that this is really their property that these improvements are being required to be done on and it’s to the benefit a large complex that the county owns there and not just for the events of the school so it seems to me that it would be appropriate for them to help out with the financing of this problem. So maybe we can take some action on that.

Council Member Capowski Cal, the $108,000 that is available here is to a certain extent money that we did not anticipate that we would get.

Town Manager Horton We expect to get loans repaid and to have mortgages satisfied so we do expect to have a certain income flow. But it’s hard to predict when it’s going to occur.

Council Member Capowski It seems to me that our first allegiance to our own public housing community. First, because we rent these properties to people who live there and also they are town assets. Are you comfortable before we spend $108,000 on these other projects that we have satisfied our own needs?

Town Manager Horton We certainly could spend more money on public housing and it would speed up the process of renovation.

Council Member Capowski I’d like to ask a couple of hard questions to Terrmaine and Myles if you don’t mind. On the first of July, you came to us and asked for $20,000 in support and the bulk of the funding you were going to get was a loan from Branch Banking and Trust (BB&T). What’s happening with BB&T?

Myles Presler They’re leading the consortium of local banks. They are still a vital part of the project.

Council Member Capowski By consortium do you mean the line item of $48,000? (Mr. Kyles: Yes, that’s true) Correct me if I’m wrong, but your BB&T loan as you presented it to us on July 1st was for the bulk of your funding, much more than $48,000.

Termaine Kyles You’re right there is a change in that the amount has gone down. The reason that the amount has gone down is that BB&T would be able to give us our loan at the very lowest at 8%. Through hard work and research we found out that there’s a national community development plan that can give us a loan at 5.5%. So it seemed to make good business sense, it seemed to help make the project more feasible. We were responding to some of the questions that people had about the numbers and about the feasibility of the project and so we tried to find additional ways to get the amount of money that would make the project feasible and one way to do that was to go with the national community development lender, who could give us a 5.5% as opposed to an 8.25% rate.

Council Member Capowski Well, either your expenses went up or your supply of money went down because you’re now asking us for an additional $50,000.

Termaine Kyles In the original pro forrma that we presented to you there was a $50,000 line item that was marked home funds. Those were funds that were originally allocated to Orange Community Housing Corp. Scarlett Dr. project. We had mentioned that we had spoken with Donna Dyer and she would support the reallocation of those funds to this project based upon the fact that they weren’t going to be moving forward with that project in the next year and during that period of time. Since we spoke with you last, with the enthusiasm of Joe Hakan as she said they’ve been able to get things together and are ready to move forward with that project and so throughout this entire time we’ve been in discussion with their staff about ways that we can ensure that both of these projects that really need to happen in this community can happen and this is one of the ways that arose out of discussions with your staff.

Council Member Capowski Back on July 1st, I did not realize that there was $50,000 of community development fund or HOME funds going into the Merritt Square project.

Termaine Kyles That was in our initial proforma.

Council Member Capowski I would like to make a request to our Manager. Two things that were running through the back of my mind last July when we approved the $20,000 allocation so quickly. One was, because Branch Banking and Trust would be providing the bulk of the funds for this as it was entertained, we would be relying on the fact that banks and insurance companies are the great American realists. They would be analyzing this as to whether it would be a worthwhile project for them to loan commercial money on. Seeing that the commercial funding input to this project has gone down significantly, I think it becomes more important for us as a town to take a harder look at this project as the bank would have. That’s my personal recommendation. My second point is what also is running around in the back of my mind thinking about $20,000 was that this has classically been a high crime neighborhood and this $20,000 was as much a crime fighting measure as a housing measure. Now when the number goes up to $70,000 I start to think, “ Is this a good way to spend $70,000?” I don’t know whether my opinion is shared by the rest of the council but I would like to re‑inform our police department on whether this is a good way to help crime in this neighborhood or whether there would be a better way to spend this money.

Council Member Andresen I think Joe’s raised good questions about the financials for this project and what are the reasons why we are spending quite a bit of community development money on various properties. But it occurred to me as I was listening to this request tonight that we have a lot of requests for these community development funds and we don’t seem to have a kind of well thought out criteria for where these are going to go. It seems to me as if the Council’s dealing with this...we count on our staff to provide recommendation on these but it doesn’t seem to me that the council has really though about what are our priorities. Like Pat said, “What about lighting, at what point are we going to deal with lighting?” Maybe if we retreat after we sat down and thought about all these things maybe we can come up with lighting as the number one thing here. I just would like to encourage the council to think about a retreat about identifying some of the criteria priorities that we have for these funds. Because it’s an important part of our overall actions that we take and it dovetails somewhat with our human services requests. I guess I feel a little bit like a lot of good causes and what’s the best cause here. Where should we be putting town money?

Council Member Franck I would like to respond to some of the things Julie just said. We do have a set of guidelines that we use during budget cycle for distributing human services money and I think that’s good to apply these guidelines. Two of our highest priorities are providing housing for lower income people and providing serviced for drug and alcohol abuse. A priority slightly lower than that would be economic development is area of town like the Midway business district. I think all of the projects that we’re seeing here fit into that. And it’s a matter of balancing between them. But I am struck by Ms. Knight’s comments regarding spending money on facilities versus spending money on people and I think that’s something that has been lacking consistently in our human services spending priorities and in these sorts of programs. But we are spending enough money on people and I would really like to see $10,000 for the employment project. I really admire what they’re doing, helping people one person at a time and try to get them back on their feet. I don’t know where it comes from. Maybe some of it has to come from the Scarlette Drive or maybe a smaller amount has to come from the Merritt Mill project but I think it’s just terribly important.

I do want to echo some of the things Mark said earlier about the Community School for People Under Six, especially with regards to what other avenues might be available for funding this sort of thing and might there be some Smart Start money available? In addition with the fact that the town might be able to bend some requirements for letting them build this more inexpensively. I do think that’s another area that we have traditionally not paid attention to is childcare.

Council Member Andresen I just want to respond to your point, Richard. There is a question about whether there should be the same criteria for these things. Sometimes the bricks and mortar tend to be community development types of projects so it may be that we might want to have different criteria. But I do remember when the human services advisor came for us. I think one of her themes was often, “We’ve got our job and we’ve got this pot of money but we kind of feel you’re off doing a lot of other things on other areas that impinge on what we do and somebody ought to be looking at the big picture.” So that’s the point I’m making here. Maybe we ought to invite the human services advisor committee to take a look at some of this stuff.

Council Member Brown Any further comments questions by the Council? I’d just like to add to what Mark said as well about the Community School for People Under Six. I think that if we can help with this anyway it would be to our advantage as well as theirs.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY.

Item 6: Petitions

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECEIVE A PETITION FROM THE RESIDENTS OF HOLLOW LANE REQUESTING RESIDENT PARKING ONLY ON HOLLOW LANE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Antoine Puech Ms. Brown and Members of the Council, my name is Antoine Puech and I am the general partner of the Wesst Franklin Preservation Limited Partners. The partnership owns a building on West Franklin Street which is presently occupied by FGI and there is also a franchised restaurant known as BW3. We also own new building sites on adjacent lots at the intersection of West Franklin and Church Streets. We presently have a site plan approval from the Town of Chapel Hill to construct two new buildings known as Pavilion Phase 2A and Pavilion Phase 2B on our lot on Franklin Street. The combined value of these two projects will exceed $5 million and they really are major projects. Nonetheless, we understand that some members of the Town Council have expressed concern that due to the nature of the site plan approval process they will not be given an opportunity to review this project. Therefore, I am here today to tell you that before we proceed with this construction we hereby volunteer to have the Town Council review it and give us the benefit of their input. The good news is that we presently have a major national tenant who, as a condition of coming to Chapel Hill, must be open for business by July of 1997, prior to the start of Fall, 1997 University semester.

Attracting this tenant to Chapel Hill will result in a long term benefit to the schools, the high school, UNC, the Town of Chapel Hill and of course, to our partnership. The reason I say this is the tenant spends a lot of their revenue back on the Town in terms of grants and other kinds of grants to various causes for the town. We wish the Council to grant us the input and yet allow us to meet the occupancy requirements of the tenant. To do that we have to start site work and preferably construction on the project in December, 1996 and certainly no later than January, 1997. We therefore have an exceedingly tight window in which considerable cooperation is required and my task would be that. Accordingly, we request an expedited Town Council review of our site plan and issuance of a special use permit. As some of you know two different Town Councils have previously approved two special use permits for this site. Our existing site plans approvals have already been reviewed and approved at other levels of the town jurisdiction. Consequently, we’re offering a statement that Council can undertake an expedited review of this project and issue us a special use permit. We believe an expedited review and issuance of a special use permit can be accomplished with minimal disruption of the already busy schedule of the town staff. We respectfully request that the council direct the town staff to schedule a public hearing which, as I understand, the main thing that remains of this matter, no later than Dec. 4th 1996 or earlier and a council review of the project no later than Jan.13th or earlier. We trust that you will accept this proposal in the constructive and cooperative fashion in which it is offered and that the outcome will result in a win win situation for all concerned. Thank you

Council Member Franck I just wanted the Manager or the Attorney to give us a more precise statement of what approvals have been granted. This is voluntary, so it’s obviously nothing that would have to do but if you could just lay that out where they are and exactly what’s being used.

Council Member Andresen Could we refer it to the manager and have him come back with a report to the Council?

Council Member Franck I’d like to understand this now if I could.

Town Manager Horton I think I can summarize the key points. The nature of the request and applications originally submitted my Mr. Puech meant that approval was by the Planning Board as site plans for two individual buildings. So he has an approved site plan and I believe would be able to obtain a permit to proceed so long as he met all the conditions of the site plan. As I understand his request what he is asking is if the Council would consider whether or not to authorize an expedited special use permit review for this same parcel of property. I suspect for the same plan so the Council might require something different than has currently been approved.

Council Member Franck That would essentially make the earlier site plan approvals null and void, by requesting a special use permit?

Town Manager Horton As I understand it, it’s possible to have multiple approved plans for a single piece of property and that all of them would be available for activation.

Council Member Franck If we proceed on the schedule that Mr. Puech has outlined though, even if we grant him a special use permit in December, it would take him much longer than he indicated, than he needed to begin construction in order for the post-approval things to proceed, the permits for the zoning plan and that sort of thing. Is that correct?

Town Attorney Karpinos I think that that is something that the planning and inspections staffs would have to look at and see what they’ll need. They’ve already had an opportunity to be looking at the site plan approval. They’ve done much of the groundwork that they need to do in order to proceed…..

Town Manager Horton I don’t know that that’s the case. But certainly an option that Mr. Puech could pursue would be to produce his plan so that they were available, final plans, so that they were immediately available for review rather than following the normal practice which would be to wait until the Council had acted.

Council Member Andresen I would feel most comfortable, since the petition’s just been made tonight to refer this to the manager and to have a fuller understanding of what we’re dealing with. It just sounds like a little something different. Sounds like a good idea on the face of it and I just would like to have a full report from the staff and understand what our options are and have the report as quickly as possible.

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

Council Member Andresen I wanted to request that the administrative goals that the Manager put before us just be put on as an agenda item just so that if we have any questions about it we can put them to the Manager. I thought that was a really good effort that you did in getting to us. Since those are the goals of the administration I think it’s proper for us to have a chance to review it and we may think it’s all great but I just would like to have a chance to take a look at it on an agenda so I would like to ask that it be on the next one.

Council Member Brown I think that there’s probably agreement on that. Is there? It appears that there is no objection to the inclusion of this item on a future Council agenda.

Town Attorney Karpinos I learned about a fairly significant decision from the Court of Appeals. I wanted to report to you about it. It occurred last week and I only heard about it this morning or I would have obviously told you about it earlier. Last week the North Carolina Court

of Appeals ruled that the North Carolina Water Supply Watershed Protection Act violates the North Carolina Constitution. This is the State act which led to the State Water Supply Water Protection regulations and prompted the enactment of the provisions of the Town development

ordinance regulating water supply and setting development standards within the watershed of Jordan Lake. The specific legal grounds that the statute was determined to be unconstitutional were that the statute is an unconstitutional delegation of legislative power to an administrative agency. This decision was not unanimous. That means that the State, which was the defending party, has an automatic right to appeal to the North Carolina Supreme Court and I understand that they are seriously considering and in all likelihood will be filing such an appeal. The League of Municipalities is considering whether or not to get involved with this case in the form of filing the amicus brief. It was at a meeting of a league policy committee this morning that I learned about this and heard the discussion. As you know the League convention is in a couple of weeks and I want you all to know this that it may be an opportunity to discuss the League’s role. I’ve been wanting you to know this and will have some additional information about it in a few days.

Item 7: Consent Agenda and Information Reports

Council Member Brown Thank you. We can move on to the consent agenda and one citizen has been waiting patiently to speak on the 7 1 C. What’s the council’s pleasure about the consent agenda?

Council Member Andresen I would like to take up D just for an information question.

Council Member Capowski I would like to pull B and F.

Council Member Brown Is there a majority agreement that we’ll discuss these items now? C, D, and F

Council Member Chilton We’re not going to get to item B, okay so then we won’t be passing resolution 13 and by the time it comes up on our next agenda it will be over.

Council Member Brown Well let’s try instead to hold just a few minutes on each of them and let’s hear from Mr. Parsons.

Council Member Capowski I would be happy to have them moved to next meeting since they are not emergencies.

Council Member Chilton C,D, and E let’s consider directly after the consent agenda item rather than at the end of the meeting at their usual time.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE CONSENT AGENDA. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (96-9-24/R-8)

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

a. Approval of public housing management assessment report to the US Department of Housing and Urban Development (R-9).

b. Expressing interest in joining Cape Fear Association (R-10).

c. Referring a proposed home occupations ordinance to the Planning Board (R-11).

d. Rescheduling hearings for Southern Village (R-12).

e. Co-sponsoring the rescheduled La Fiesta del Pueblo on September 29 (R-13).

f. Estes Drive Bicycle lanes (R-13.1).

This the 24th day of September, 1996.

A RESOLUTION APPROVING A PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION (96-9-24/R-9)

WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Public Housing Management Assessment Program (PHMAP) Certification; and

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 1996;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the attached Public Housing Management Assessment Program (PHMAP) Certification.

This the 24th day of September, 1996.

A RESOLUTION COMMENDING EL PUEBLO, INC. FOR RESCHEDULING LA FIESTA DEL PUEBLO AND AUTHORIZING A REDUCTION IN THE COST OF PROVIDING TOWN SERVICES (96-9-24/R-13)

WHEREAS, El Pueblo, Inc. has rescheduled La Fiesta del Pueblo for Sunday, September 29, 1996 from 11A.M. until 6:00 P.M. at the Chapel Hill High School, and;

WHEREAS, El Pueblo, Inc. has demonstrated great flexibility and perseverance in being able to reorganize the event under difficult circumstances, and;

WHEREAS, El Pueblo, Inc. has requested a $350 reduction in the cost of providing police service for the event to help offset additional expenses and reduced revenues caused by the need to reschedule and the change from a two-day event to a one-day event;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby commends El Pueblo, Inc. for its efforts to reschedule La Fiesta del Pueblo under difficult circumstances.

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to reduce the cost of Town police services provided for the event by $350, to $1,000.

This the 24^th day of September, 1996.

Edgar Parsons Thank you very much permitting me to speak. I am Edgar Parsons. I have lived in this community, in this very rapidly changing community, for thirty six years. The agenda item referring a proposed home occupation ordinance to the Planning Board continues perceived Town policy mixtures of indifference, irresponsibility and encouragement towards creeping commercialism that threatens to destroy the integrity of a residential neighborhood in Chapel Hill. For almost two years, the Town Council has avoided formal deliberation, decision and guidance to the planning staff. I urge the Town Council to return this draft to the planning staff and for the first time to instruct the planning staff to prepare a revised ordinance that places the highest priority of maintaining the integrity of the residential neighborhoods of Chapel Hill. To the best of my knowledge, no forthright explicit guidance has ever been directed or communicated to the planning staff that the highest priority is to be given to maintaining the quality of residential for which Chapel Hill once was favorable known.

Almost one year ago when this subject was before the Council the action was to appoint a committee of its citizens to study the subject. The committee eventually selected to consider a matter critical to the tranquillity of residential life consisted of fifteen members. Two council members, nine citizens with home occupations or home businesses and only four citizens supposedly representing the general public. It was pointed out to one of your cognizant Council Members that the findings so such an unrepresentative body would obviously be prejudiced against non‑commercial neighborhoods. The response was that the intent of the committee was not to be a representative of the general citizenry but to insure awareness and consideration of all the aspects of the home occupations and home businesses. Committee members were not intended to be representative of the residents of Chapel Hill and the findings would not be so regarded.

Despite assurances that the committee was not representative, the committee voted on various matters, nine members with direct financial interests, four members with no home businesses. No record is known to have been made on whether members “voted their pocket books” or for the general good of Chapel Hill. Complaints were expressed to the committee on the inability or unwillingness of the home business and occupation members to separate the general Chapel Hill good from their personal financial interests. On a few occasions some of them did. The chairman of the committee, a Council Member was not neutral. On one occasion, considering the desirability of advance notification to neighbors of a business permit dependent on drive‑in or walk‑in general public, my recollection is that he broke the tie by opposing such advance notifications. On another occasion, while acting as chairman, my recollection is that he created the tie by voting last on proposed language calling for application permit renewals annually and in the absence of any complaint renewals every three years.

The proposed ordinance subordinates the rights of residents to live in a non‑commercial neighborhood. The proposed ordinance is silent on matters debated in various committee sessions that are important to the future of Chapel Hill. For example, the committee voted in favor of permitting an unlimited number of adjacent or nearby home occupations such as six or seven homes in a row by electing to take no restrictive action on the proliferation of home businesses in Chapel Hill. The proposed ordinance continues a policy of unrestricted adjacent home businesses in Chapel Hill. I ask you to vote against referring this matter to the Planning Board. That was tried one year ago without satisfactory results. The present draft has many deficiencies. Neither this forum or the Planning Board are well‑equipped to draft the ordinance responsive of our expanding community. I do ask you to refer this draft ordinance back to the Town Manager and give him instructions or at least guidance to prepare a draft weighted in favor of protecting our residential neighborhoods against the creeping commercialism that is destroying the tranquillity of the residential life in Chapel Hill. In this guidance please make clear that controls are only necessary for those businesses and occupations that depend on direct visits by members of the general public. There is no known objection against businesses that do not require a stream of automobile and pedestrian traffic disruptive of neighborhood quiet and safety. Please let me assure you that if that committee has been made up of members representative of the community you would have had a far different report than the one now before you.

Council Member Brown Thank you Mr. Parsons. Are there comments by the Council?

Council Member Franck I don’t want to give short shrift to Mr. Parson’s comments but in my impartial reading of the proposed ordinance, not having attended any of the meetings, I think the draft is close enough to what I perceive that the Council will eventually adopt that it’s worth continuing with the present draft and I would like to move the adoption of Resolution 11.

Council Member Chilton I’ll second that and I just briefly want to say that somebody, I won’t identify who, somebody in this room once told me that a victim and his oppressor who always gang up on their savior in order to get him out of the way so that they can carry on their war and neither side of two major factions who came to this committee was very happy with the result. I think that’s unfortunate but we came up with what I think is a good ordinance, not that I entirely agree with I second.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REFERRING A DRAFT ORDINANCE REGARDING HOME OCCUPATIONS TO THE PLANNING BOARD (96-9-24/R-11)

BE IT RESOLVED by the Chapel Hill Town Council refers the attached draft ordinance and the Home Occupation Committee’s report of May 13^th to the Planning Board for comments and recommendations as deemed appropriate by the Board.

BE IT FURTHER RESOLVED that the Town Council requests that the Planning Board make comments and recommendations by the time of the public hearing .

This the 24^th day of September, 1996.

Council Member Andresen I just had a question on the order. There are a bunch of things coming back on Southern Village and things on October 16th are, a lot of those are amendments to things we have already decided. Then we’ve got this other series of things which are going to come back to us on October 28th. My question is to the Council. I guess we would have an opportunity to decide on October 16th whether we’re going to grant those amendments and that would be the same thing on October 28th . I just want to get this straight in my head because there’s a whole lot going on on this project. A lot of the things on request for changes and other things are new requests so.

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

A RESOLUTION RESCHEDULING PUBLIC HEARINGS (96-9-24/R-12)

WHEREAS, the Chapel Hill Town Council has conducted public hearings on a package of applications for the Southern Village development; and

WHEREAS, on June 24 the Council recessed the following hearings until September 25:

· Rezoning part of the Southern Village tract from R-2 to R-5-C

· Request for new Special Use Permit for the West Tract Neighborhoods

· Request for new Special Use Permit for the West Tract Condominiums

· Request for new Special Use Permit for the Recreation Center; and

WHEREAS, materials are not ready for Council consideration on September 25;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that these four Public Hearings shall be continued on October 28, 1996 rather than September 25.

This the 24th day of September, 1996.

Council Member Franck I’ll just point out for the benefit of the public that we’ve just rescheduled the Fiesta Del Pueblo for this Sunday and I would encourage everyone to attend at Chapel Hill High School.

Council Member Evans I’d like to know why Resolution 10 was pulled because it is going to come up at the meeting on Thursday.

Council Member Capowski I just wanted to ask a couple of questions. Since we, as the Town of Chapel Hill, do not provide water and sewer service and since we pay OWASA fees as customers of OWASA. OWASA, I assume, will join this and is actually the more relevant organization to the Upper Cape Fear Association, my question is, how do we as the Town of Chapel Hill, benefit from this? Why should we belong to this?

Town Manager Horton I would argue that the Council might have vital interests at some point because of policies that might be put forth by other communities. The Council is its own best representative, clearly we have a lot of respect for OWASA. I believe that the Town looks after its own interests better than anyone else. I would argue that we could have the interest and it could be vitally effected by the actions of others and if we were not at the table to know that we could suffer from it.

Council Member Andresen In general I think that the regional approach is good and to talk about the large river basin and we have a role in that. But it seemed to me as I read through this that it’s almost aimed more at matching grant money than it was in improving or protecting the river basin. I was a little concerned about that. Is it that you’re getting together for this stream monitoring and you’re saving expenses? Is that where the savings is? I guess I’m trying to understand what the main goal of this Upper Cape Fear Waste River Basin is.

Council Member Capowski In the agenda item where it says “Due to scientific examination of the water quality of the Upper Cape Fear River Basin” and apply that to the town of Chapel Hill, I really don’t know what that means. Does it mean water in our streams, on the streets, does it mean Bolin Creek? What is this?

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 10. THE MOTION PASSED BY A VOTE OF 7-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

A RESOLUTION EXPRESSING INTEREST IN JOINING THE PROPOSED UPPER CAPE FEAR ASSOCIATION (96-9-24/R-10)

BE IT RESOLVED by the Chapel Hill Town Council that the Council is interested in joining the proposed Upper Cape Fear Association subject to further consideration of items including the goals and objectives, membership, by-laws, etc. of the Association when these items are proposed in more specific form.

This the 24^th day of September, 1996

Council Member Brown Are there any questions on the information report regarding county‑wide planning for parks and recreation services. If not, then we will go on to agenda item number eight.

Item 8: Recommendations Of Affordable Housing Committee

Council Member Chilton We’re asking that the Town Council create a land project implementation task force which will iron out what some of the details would be for proposed land trust to be created by local government or multiple local governments in Orange County. We are further recommending that as a project priority we see efficiency one bedroom type apartments to develop on the Park Road property currently owned by Knolls Development Association as a real goal and something that would basically be our greatest housing needs at the moment. We propose that the Town use $115,000 in loan funds that are currently extended to KDA having basically a swap of land for this project in exchange for forgiveness of that $115,000 and that that land be turned over to the land trust that we are proposing to create and have Orange Community Housing Corporation develop the four units that could house sixteen of these efficiency type apartments. Finally, we recommended additional sources of Town support for affordable housing fees.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO REFER THE REPORT TO THE TOWN STAFF AND TO REQUEST THAT STAFF RETURN WITH A RESOLUTION WHICH WOULD CREATE A LAND TRUST IMPLEMENTATION TASK FORCE AS DESCRIBED IN RECOMMENDATION ONE OF THE REPORT BY THE COUNCIL.

Council Member Andresen I want to thank Mark for all his hard work on this and the committee and a good focused report. I just have one question Mark. How do you think a land trust is going to be funded?

Council Member Chilton That’s really an excellent question. We anticipate the kind of support that we currently have for affordable housing. My hope and goal in this is that if we have a land trust out there that can hold property for legitimate affordable housing purposes that we may be able to interest some landowners in donating some land for some of our wealthier residents in town, in donating some money that would allow us to purchase some land. Part of what I’m hoping is that we’ll be able to get donations which is something that’s a little harder to put in place. Nobody really wants to give money to the Town of Chapel Hill. It doesn’t feel quite right to do that sort of thing. One possibility that we discussed was that some of these units could actually be revenue generating to some degree particularly if we’re getting residents in there who qualify for section 8 funds. Section 8 supplements their rental payments. We anticipate going after a lot of different sources of funding.

Council Member Evans Is this being introduced to the other local governments?

Council Member Chilton It’s not right now and that’s an excellent question. I hadn’t even thought about that. We’re just reporting back to you because you created us as a committee.

Council Member Evans But you had representatives from other governments.

Council Member Chilton We did. We had a representative from Carrboro. The County declined to participate in the discussion. But perhaps it would be appropriate to pass this item along to at least the Carrboro Board of Aldermen and the County Commissioners.

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

Item 9: Additional Funding For Morgan Creek/Mason Farm Sewer Project

Council Member Andresen I was wondering if we could defer this item to our next meeting. I think it’s a big question and it might even take quite a bit of discussion.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO DEFER DISCUSSION OF THE ITEM TO THE COUNCIL’S OCTOBER 16^TH MEETING.

Item 10: Scheduling Public Hearing On Front Yard Parking Restrictions

Town Manager Horton We did review, at the Council’s request, whether or not we can in good conscience recommend bringing this matter back to you any earlier than February and we honestly feel that we would not be able to do the kind of work that needs to be done and have it ready for hearing at an earlier time. Because of the nature of the task we’re going to have to consider a number of legal issues about non‑conformities, enforcement issues and the Council, I think, will have a multiplicity of options to consider for exactly what standards they choose to implement. Considering the work load that the planning staff already has, I would continue to recommend that the Council allow us to bring you a report for your consideration in February and that the hearing be scheduled at a time subsequent to that. Of course, we stand ready to do whatever the Council feels is best.

Council Member Andresen I’m wondering why this was drawn so broadly. I’m wondering why we couldn’t be more specific and apply this to certain areas of town when it seems to me we have a real need to have some ordinances whereas doing this town wide seems to be just drawing a net awful wide.

Town Manager Horton It could be done on a small area of the Town as the council might choose I suspect but that would make it even more complicated to put together.

Council Member Andresen It may be more complicated but I think it’s going to be more complicated if this thing applies town-wide especially in terms of carrying it out.

Town Manager Horton One of the options that we would be glad to put forth to the Council is to find a way to confine this to a smaller area geographically but I think that further complicates the staff’s work on it.

Council Member Brown We do have one citizen who has asked to speak on this item.

Pauline Grimson Good Evening, I’m Pauline Grimson and I represent the Westside Neighborhood Association. In a petition to the Town Council dated April 1^st, we asked that the Town develop some guidelines to be used in controlling the increasing problem of entire front yards being turned into parking lots in our neighborhood. We were pleased to learn that the Town’s Attorney’s office was looking into this issue over the summer and that a report would be prepared for the Manager and the Council. We read with interest the September 9th report to the Council and a summary of problems facing the town with regard to this issue.

We feel it’s very important for the Town to go ahead with this project as a way to protect the integrity of our neighborhoods, not only our neighborhood but other in‑town neighborhoods. We also feel that any regulation should be tailored only to those neighborhoods where parking is at a premium because of proximity to the University and we encourage the Council to vote for the proposed schedule to continue discussions and I hope you have a public hearing as soon as possible. Thank you.

Council Member Chilton Not to complicate it too much more but the question to do with this was essentially focused on the historic districts. As I recall, the Northside neighborhood which was turned down a number of years ago for historic district status was said to be declared to be in a neighborhood protection district. Perhaps we needed this to give that designation some significance.

Council Member Evans But that would include areas like Airport Road, not jusst in historic districts. I think the issue is more complex than what it appears on the surface.

Council Member Andresen The neighborhood protection districts would not necessarily just be historic districts, it could be broader than that.

Council Member Capowski There are a number of near the campus neighborhoods that are not historic that are not within any of our historic districts where the parking all over the yard is a serious problem. To simply apply this to the historic districts would not be enough help.

Council Member Franck I’m going to vote against this resolution and I want to explain why.

In thinking about this I first initially weighed in terms of the common good of eliminating parking in front of yard in the restriction zone of private property owners and I thought that the balance tipped a little too far in restricting private property owners compared to what good was being generated from it. Then when I got to looking into the details in term of the difficulties of actually accomplishing what I think everyone wants to accomplish through zoning convinced me that it’s not the right way to go because it’s going to be pretty difficult to draft a zoning regulation that will do what we want it to do. I ran for the council and was appointed on the basis of being a very strong advocate of public transit and all different means of transportation so I’m not ignoring the needs of the Westside neighborhood and the other neighborhoods near campus but I would prefer to invest the energies of the council on other means of getting people out of their cars and making it so that some tenants that rent or live in that neighborhood don’t need cars and don’t need to park them in their front yards. I just think this is a very difficult thing to do.

COUNCIL MEMBER CHILTON MOVED THAT THE MATTER BE REFERRED TO STAFF FOR A FOLLOW-UP REPORT BY FEBRUARY, 1997.

Council Member Evans I think that Richard brings up some really good issues and I wonder if it would be possible to see if we continue with the ongoing enforcement to see if that helps the situation because if we then add more regulations we’re going to have even more enforcement and we haven’t been able to do the enforcement that we have in the past. I’ve driven around some of the neighborhood over there. Some of the parking concerns have been addressed. Now it may not be all the ones that it could be that the town needs to be notified of some of the infractions that continue. I know that some of them are not the parking lots that they used to be.

COUNCIL MEMBER ANDRESEN SECONDED THE MOTION.

Council Member Andresen I just wanted to make the comment that I think it’s really important that in‑town neighborhoods that are adjacent to the University have some protections and I don’t know whether this is going to be the right way to go but it sounds to me a reasonable way to go. And I would like to encourage the options to be more narrowly drawn in something called neighborhood protection districts or something rather than town‑wide.

Council Member Brown I’d like to say that this is a problem in that we don’t have anything to actually in force at the moment and this is what this will be looking at.. Something to actually enforce regulations. So I would hope that it would pass and we could at least deal with it. Mr. Manager, if this passes, do you have sufficient idea from comments of the council about the nature of this?

Town Manager Horton I think you’re giving us a wide range of directions and we’ll do our best to be responsive to a wide variety of concerns.

THE MOTION TO REFER WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS FRANCK AND PAVAO VOTING NO.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION REQUESTING THAT THE TRANSPORTATION BOARD, PLANNING BOARD, AND GREENWAYS COMMISSION PREPARE RECOMMENDATIONS FOR PROJECTS TO BE INCLUDED IN THE 1998-2004 CHAPEL HILL TRANSPORTATION PROJECT PRIORITY LIST (96-9-24/R-17)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has begun work on the development of the 1998-2004 Metropolitan Transportation Improvement Program; and

WHEREAS, the Town of Chapel Hill was asked to prepare a project priority list for use by the Urban Area in the development of the Metropolitan Transportation Improvement Program; and

WHEREAS, public participation in the development of the Metropolitan Transportation Improvement Program is a critical consideration;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Transportation Board, Planning Board, and Greenways Commission be requested to provide recommendations to the Council on a transportation project priority list.

BE IT FURTHER RESOLVED that a public forum on the development of a Chapel Hill project priority list be scheduled for October 16, 1996 to receive public comment.

This the 24^th day of September, 1996.

The meeting concluded at 10:35 p.m.