SUMMARY OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MARCH 24, 1997

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

Noting that both the Women’s and Men’s Basketball teams at UNC had enjoyed good seasons, Mayor Waldorf commended the East Chapel Hill High School basketball team for winning the State high school basketball championship. She presented the team with a resolution of appreciation signed by the Council Members.

Noting that there were no hearings this evening, Mayor Waldorf said that Orange County was requesting that the Council appoint a representative to a parks and recreation work group. Council Member Pavao suggested that the Council appoint Martin Feinstein to the work group.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPOINT MARTIN FEINSTEIN TO THE ORANGE COUNTY PARKS AND RECREATION WORK GROUP. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Waldorf noted that applications for vacancies on a number of advisory boards and commissions were available from the Town Clerk’s Office.

PETITIONS

Carol Ortiz, a resident of the Northwood V subdivision, said that she and her neighbors had safety concerns relative to the proposed Parkside development. Ms. Ortiz stated that during the last few weeks a number of large construction trucks had begun using Longbrook Drive in Northwood V to access the Parkside development site. Noting that there were approximately ninety-nine children residing in the Northwood V subdivision, Ms. Ortiz requested that all construction traffic be required to enter and exit the Parkside development directly on to NC 86. She stated that both the project’s developer, MI Homes, and the North Carolina Department of Transportation were agreeable to such an arrangement.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECEIVE AND REFER MS. ORTIZ’S PETITION FOR A FOLLOW-UP BY TOWN STAFF.

Mayor Waldorf called upon Mr. Horton for comments on the matter. Noting that he had had an opportunity to meet with neighborhood representatives and a representative of MI Homes, Mr. Horton said he believed it would be necessary for the Council to request that the developer of the Parkside subdivision modify their subdivision plat. He added that a public hearing would be required if such a modification were to be considered. Stating that the developer and the neighbors were in agreement about the best way to resolve the neighborhood’s concerns, Council Member Capowski asked whether there were any options short of a public hearing. Mr. Horton said he would advise the Council to hold a public hearing on the requested change in the subdivision plan relative to NC 86 access.

Council Member Brown inquired whether or not it would be possible to hold a public hearing on April 14^th. Noting that it would be necessary to give two week’s notice of the proposed hearing, Mr. Horton said staff could speed up the normal process to meet notice requirements. Council Member Evans inquired whether or not the roadway under discussion was the same one which would eventually serve as an access point to the Northern Community Park. Mr. Horton said this was one option, as was using a driveway with direct access on to NC 86. Noting that she was wondering whether or not there was an existing special use permit for the park including the roadway in question, Council Member Evans said that she was exploring ways to move ahead with the citizen’s request as expeditiously as possible. Mayor Waldorf said she did not think that the Council was all that far along on the proposed park plan. Council Member Andresen inquired whether or not there was any way to proceed other than the one currently on the floor. Mr. Karpinos said he could not identify any other way to proceed at this time.

Council Member Brown inquired about the possibility of holding the hearing on April 7^th. Noting that it was necessary to provide two weeks’ notice of the hearing and send written notices to individual property owners residing within one thousand feet of the subject property, Mr. Horton said he did not think it would be possible to hold the hearing on April 7^th. Council Member Brown inquired whether the hearing could be held on April 14^th. Mr. Horton said he believed this would be possible if the applicant, Mr. Fraley of MI Homes, were agreeable to sending out notices for this date.

Mayor Waldorf asked whether or not it was correct that the Council would be able to act on April 14^th. Mr. Karpinos said this was correct.

Council Member Franck inquired whether or not it would be appropriate to amend the motion to schedule the public hearing for April 14^th. The motioner and seconder concurred with this proposal.

THE MOTION TO REFER THE MATTER TO STAFF FOR A PUBLIC HEARING ON APRIL 14^TH WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Waldorf said she hoped that the Council would not get into the consistent business of being asked to interpret the Manager’s interpretations of these types of matters.

R.D. Smith petitioned the Council to set up a task force on the history of the Town’s government. Mr. Smith said he would be pleased to provide the names of persons wishing to serve on such a task force.

Council Member Chilton volunteered to work with former Alderman Smith to flesh out ideas relative to the proposed task force. Mayor Waldorf suggested the possibility of also referring the matter to the Museum Committee. Council Member Chilton said he thought it would be a good idea to consult with the Museum Committee.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, FOR COUNCIL MEMBER CHILTON TO MEET WITH MR. SMITH IN ORDER TO DEVELOP A FOLLOW-UP PROPOSAL REGARDING A TASK FORCE ON THE HISTORY OF THE TOWN’S GOVERNMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Jesse Eversole requested that the Council downzone tax map parcels 7.24.25C and 7.24.M.1-42. He stated that the existing zoning of these properties was inconsistent with existing and currently approved development in progress in the adjoining areas. Mr. Eversole also said that the existing zoning was inconsistent with the requirements of the Development Ordinance and the Town’s Comprehensive Plan. He stated that the current zoning did not allow for a gradual transition between high density and lower density zoning as described in the Town’s Comprehensive Plan and practiced throughout the Town. Mr. Eversole requested that the two parcels be rezoned either directly by the Town Council or the Board of Adjustment.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER MR. EVERSOLE’S PETITION TO TOWN STAFF FOR PREPARATION OF A FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Brown noted that Council Members had recently received a copy of a letter to a State Senator from the Chairman of the Currituck County Commissioners requesting the Senator’s support of a menu of local revenue options. She suggested that the Council forward a copy of the Council’s adopted resolution requesting similar enabling legislation regarding a menu of local revenue options for transit to Currituck County. She also suggested that the Council lend its support to Currituck County effort to get a menu of revenue options for infrastructure needs.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO FORWARD A COPY OF THE COUNCIL’S ADOPTED RESOLUTION TO CURRITUCK COUNTY AND TO SUPPORT CURRITUCK COUNTY’S REQUEST FOR A MENU OF REVENUE OPTIONS FOR INFRASTRUCTURE NEEDS.

Council Member Evans inquired whether or not Council approval was needed to forward a resolution to another community. Council Member Brown said that Council approval was needed to lend support to Currituck County’s legislative efforts.

Mayor Waldorf said if the Council agreed, she would send a letter out in a day or two regarding Currituck County’s legislative program.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Waldorf noted that she and Council Member Brown had been telephoning Mayors of other transit cities throughout the State to make them aware of the local bills deadline and encouraging cities to request local bills for their own jurisdictions. She stated that the response to date to these calls had been fairly good.

There were no other petitions from Council Members. There were no petitions from the Manager or Attorney.

CONSENT AGENDA

Council Member Brown requested the removal of items I and O for discussion. Council Member Wiggins requested the removal of item K for discussion. Council Member Chilton requested the removal of item Q for discussion.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS I, K, O AND Q. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-3-24/R-1)

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

a. Minutes of the February 17, 21, 24 and 28, 1997 Council meetings.

b. Authorizing discussion with other law enforcement agencies regarding a future firing range (R-2).

c. Accepting grant funds for traffic control (R-3, O-0.1).

d. Request to extend the construction completion deadline for the Northfield Drive Special Use Permit (R-4).

e. Request for expedited review of Freedom House development application (R-5).

f. Budget change for hurricane cost reimbursement (O-1).

g. Transfer of human services funds to Chapel Hill Training Outreach (R-6).

h. Request for federal funds for public housing services in 1997-98
(R-7).

i. Adopting a work plan for the Town Council based on the Council’s planning sessions on January 18 and March 14 (R-8).

j. Authorizing publication of a list of unpaid assessments (R-9).

k. Referring a proposed policy for Transportation Management Plans to the Transportation Board (R-10).

l. Transportation Improvements Program (TIP) process (R-11).

m. Resolution supporting renovation and expansion of the Institute of Government building (R-12). Mayor Waldorf.

n. Public process on the Sculptures Project (R-13).

o. Recommended schedule and process for hotel/motel grant funds for FY 1997-98 (R-14).

p. Obligation of law enforcement block grant funds (R-15).

q. Disposition of surplus property (R-16).

r. Review of public housing applications (O-2).

This the 24th day of March, 1997.

A RESOLUTION AUTHORIZING THE MANAGER TO INVITE LOCAL LAW ENFORCEMENT AGENCIES INTO DISCUSSIONS WITH TOWN STAFF REGARDING THE LOCATION AND DESIGN OF A FUTURE FIREARMS RANGE AND AUTHORIZING THE MANAGERS OF OTHER LOCAL JURISDICTIONS REGARDING THE FINANCING OF A FUTURE FIREARMS RANGE

WHEREAS, the Chapel Hill Police Department currently uses a firearms range owned and operated by the Chapel Hill Police Officers Association, a non-profit organization not affiliated with the Town of Chapel Hill; and

WHEREAS, the areas adjacent to the current firearms range are now occupied by residential properties; and

WHEREAS, residents living in proximity to the range have petitioned the Council to minimize the harmful effects of noise and gunfire by moving the range; and

WHEREAS, the Town desires to provide its employees with safe and modern training facilities; and

WHEREAS, the Town recognizes the potential benefits of constructing and operating a firearms training facility through a cooperative venture involving other Orange County government agencies;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to invite local law enforcement agencies into discussions with Town staff regarding the location and design of a future firearms range; and

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to develop a proposal with the Managers of other local jurisdictions regarding the financing of a future firearms range.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Town Manager report back to Council in September of 1997 with the staff report containing the results of the Town’s discussions with Orange County agencies.

This the 24th day of March, 1997.

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF TRAFFIC GRANT FUNDS FROM THE GOVERNOR’S HIGHWAY SAFETY PROGRAM (97-3-24/R-3)

WHEREAS, the North Carolina Governor’s Highway Safety Program has made funds available to local law enforcement agencies to enhance traffic safety and enforcement initiatives; and

WHEREAS, it is in the interest of the Town of Chapel Hill to ensure quality traffic enforcement and safety services to its citizens; and

WHEREAS, the Town’s request for $22,500 to purchase video camera systems for marked patrol vehicles was approved by the Governor’s Highway Safety Program;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the $22,500 in grant funds from the Governor’s Highway Safety Program and to make all necessary assurances.

This the 24th day of March, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996 (97-3-24/O-0.1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1996” as duly adopted on June 10, 1996 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Police 6,226,965 22,500 6,249,465

ARTICLE II

REVENUES

GENERAL FUND

Grants 778,719 22,500 801,219

This the 24^th day of March, 1997.

A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR NORTHFIELD DRIVE BUILDING (AKA MERCEDES DRIVE OFFICE BUILDING) (97-3-24/R-4a)

WHEREAS, Ram Properties of Chapel Hill, Inc. has requested an extension of the completion time limit for the “Mercedes Drive Office Building”, now referred to as the Northfield Drive Building; and

WHEREAS, Article 18.6.3 of the Chapel Hill Development Ordinance requires Council to make the determination that a) the permit holder submits the request within 60 days of the completion time limit; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and

WHEREAS, a) the permit holder submitted the request within 60 days of the completion date; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request of Ram Properties of Chapel Hill, Inc. for the extension of the completion date of the Northfield Drive Building.

This the 24^th day of March, 1997.

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATIONS FOR REZONING AND SPECIAL USE PERMIT FOR ADDITION TO THE FREEDOM HOUSE RECOVERY CENTER (97-3-24/R-5)

WHEREAS, the Town of Chapel Hill has received a request from Ms. Trish Hussey for expedited review of the applications for a Rezoning and for a Special Use Permit to construct an addition to the Freedom House Recovery Center; and

WHEREAS, the proposed addition is a time sensitive project involving community interests.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Rezoning and the Special Use Permit applications, for the proposed addition to the Freedom House Recovery Center, in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 24^th day of March, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996” (97-3-24/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1996” as duly adopted on June 10, 1996 be and the same is hereby amended as follows:

ARTICLE I

Center Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Public Works 7,551,253 741,500 8,292,753

Police 6,249,465 33,000 6,282,465

Fire 2,779,511 27,500 2,807,011

Engineering 642,304 1,500 643,804

Inspections 383,913 1,500 385,413

TRANSPORTATION

FUND 5,487,170 7,000 5,494,170

ARTICLE II

REVENUES

GENERAL FUND

Grants 801,219 805,000 1,606,219

TRANSPORTATION

FUND 5,487,170 7,000 5,494,170

This the 24^th day of March, 1997.

A RESOLUTION APPROVING THE TRANSFER OF 1996-97 FUNDING FOR A PERFORMANCE AGREEMENT WITH CHAPEL HILL TRAINING OUTREACH AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (97-3-24/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following transfer of human services funds for a performance agreement for the remainder of fiscal year 1996-97 to address community human service needs identified by the Human Service Advisory Board:

Transfer $5,450 from the Hearth Family Resource Centers allocated on June 24, 1996 to Chapel Hill Training Outreach, Inc.

BE IT FURTHER RESOLVED that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, an agreement with Chapel Hill Training Outreach for services described in the memorandum on March 24, 1997.

This the 24th day of March, 1997.

A RESOLUTION SELECTING THE DATE FOR THE ADVERTISEMENT OF DELINQUENT ASSESSMENT LIENS (97-3-24/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to advertise the Town of Chapel Hill delinquent assessment liens in the month of May, 1997 in accord with G.S. 105-369.

This the 24^th day of March, 1997.

A RESOLUTION REFERRING THE DRAFT 1998-2004 METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM TO THE TRANSPORTATION AND PLANNING BOARDS FOR RECOMMENDATIONS AND SCHEDULING A PUBLIC FORUM FOR APRIL 7, 1997 TO RECEIVE PUBLIC COMMENT

(97-3-24/R-11)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has prepared a draft 1998-2004 Metropolitan Transportation Improvement Program; and

WHEREAS, the Transportation Advisory Committee has opened a public comment period on the draft Program ending April 25, 1997; and

WHEREAS, the Transportation Advisory Committee will be adopting a final Metropolitan Transportation Improvement Program in May, 1997;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the draft Metropolitan Transportation Improvement Program be referred to the Transportation Board and Planning Board for their comments; and

BE IT FURTHER RESOLVED, that a public forum be scheduled for 7:00 p.m., April 7, 1997 in the Town Council Chambers to receive public comment on the draft Program.

BE IT FURTHER RESOLVED, that the Council directs the Manager to refer future items submitted by the Transportation Advisory Committee for public comment directly to Town Advisory Boards for their review.

This the 24th day of March, 1997.

A RESOLUTION SUPPORTING THE RENOVATION AND EXPANSION OF THE INSTITUTE OF GOVERNMENT (KNAPP BUILDING). (97-3-24/R-12)

WHEREAS, the Institute of Government since 1931 has made important contributions to North Carolina’s good government and its excellent financial condition by serving the entire State from its base in Chapel Hill; and

WHEREAS, the Institute’s building has been inadequate and outmoded for many years, which condition threatens the Institute’s ability to maintain the highest quality of services for North Carolina’s public officials; and

WHEREAS, the 1994 General Assembly recognized the need for a renovated and expanded building by appropriating $700,000 to plan necessary improvements and additions to the Institute of Government; and

WHEREAS, the Institute has planned the necessary capital improvements that will enable the Institute to provide North Carolina public officials with the latest and most efficient instructional technologies and a higher quality of service; and

WHEREAS, the necessary improvements will include a teleconferencing classroom, a computer training room, increased classroom and office space; an expanded and accessible library, increased parking and access for citizens with disabilities; and

WHEREAS, the UNC Board of Trustees has approved the capital project and has rated it as one of the University’s highest capital priorities, and the project is also a legislative priority for the UNC Board of Governors;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby fully and enthusiastically encourages the 1997 General Assembly to appropriate $16.1 million to fund the urgently needed capital renovation and expansion of the Institute of Government.

This the 24^th day of March, 1997.

A RESOLUTION REQUESTING APPROVAL OF THE SCHEDULE AND PUBLIC PROCESS IN THE CONTINUED DEVELOPMENT BY THE CHAPEL HILL PUBLIC ARTS COMMISSION OF THE TOWN’S FIRST PIECE OF PUBLIC SCULTPURE

(97-3-24/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the schedule and public process in the continued development by the Chapel Hill Public Arts Commission of the Town’s first piece of public sculpture:

DATES:

March 24, 1997 Public listing of possible Town-owned sites for a public sculpture:

The Chapel Hill Public Library/Pritchard Park

The new site of the McDade House on Parking Lot 5

The Chapel Hill Post Office on East Franklin Street

The Chapel Hill Police Dept./Entrance to the Bolin Creek Greenway

The Fire Station at Elliott Road and East Franklin Street

April 8, 1997 CHPAC conducts public meeting at Town Hall to discuss and consider advantages and disadvantages of these sites along with possible “themes” for the sculpture

April 17, 1997 CHPAC regular monthly meeting to decide site in conjunction with theme and prepare recommendation to Council

Late April, 1997 With Council’s approval of recommended site ask the artist to develop a model of the piece

August, 1997 Presentation of model to the Chapel Hill Public Arts Commission, arts advisors, and the public for discussion

Mid August, 1997 Recommendation on to the Town Council by CHPAC for consideration.

This the 24^th day of March, 1997.

A RESOLUTION AUTHORIZING THE MANAGER TO DISBURSE LAW ENFORCEMENT BLOCK GRANT FUNDS TO THE APPROPRIATE POLICE DEPARTMENT EXPENDITURE ACCOUNTS AND OBLIGATE THOSE FUNDS TO PURCHASE THE EQUIPMENT AND SUPPLIES PROPOSED IN THE BLOCK GRANT ACCEPTED BY COUNCIL ON JANUARY 27, 1997 (97-3-24/R-15)

WHEREAS, the U.S. Department of Justice and the Bureau of Justice Assistance have made funds available to enhance the quality and effectiveness of crime prevention and community policing initiatives; and

WHEREAS, the Council accepted $69,387 in block grant funds on January 27, 1997; and

WHEREAS, no comments were offered in opposition to the proposed grant expenditures in a March 3, 1997 public hearing; and

WHEREAS, members of the Block Grant Advisory Board have approved the expenditures proposed in the grant;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to disburse Law Enforcement Block Grant funds to the appropriate expenditure accounts and obligate those funds to purchase equipment and supplies proposed in the grant approved by Council on January 27, 1997:

* $5,600 for cellular phones to be used by community police officers and neighborhood watch participants.

* $24,487 for surveillance cameras to be used in high-crime commercial and residential areas.

* $10,000 for the purchase of computers for each of the community policing substations.

* $7,500 for improved protective equipment for officers assigned to narcotics searches and high-risk building entries.

* $16,800 for vehicles to be used by community policing officers.

* $ 5,000 to update equipment used for gathering and analyzing evidence.

This the 24th day of March, 1997.

AN ORDINANCE ALLOWING THE TOWN OF CHAPEL HILL TO SCREEN APPLICANTS FOR OCCUPANCY OF PUBLIC HOUSING APARTMENTS TO DETERMINE WHETHER OR NOT SUCH APPLICANTS HAVE BEEN CONVICTED OF CERTAIN CRIMES BY THE USE OF CRIMINAL HISTORY INFORMATION MAINTAINED BY THE STATE BUREAU OF INVESTIGATION (97-3-24/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Chapter 11 of the Town Code is hereby amended by adding a new Article XVII to read as follows:

ARTICLE XVII. SCREENING FOR APPLICANTS FOR PUBLIC HOUSING

Section 1: In order to protect the occupants of public housing as well as residents of neighborhoods adjacent to public housing, by denying occupancy in public housing to any person who has been convicted of a felony, a misdemeanor involving violence against a person or of a misdemeanor involving controlled substances, the following procedures for screening such applicants are hereby adopted.

(a) The Town Manager or Manager’s designee with management responsibilities for the Chapel Hill Department of Housing, which functions as the public housing authority in the Town, shall screen each applicant for occupancy and require each applicant to provide all requested identification information, including birth certificate, social security number, driver's license, if available, and an applicant fingerprint card.

(b) The Chief of Police or the Chief’s designee shall conduct a search of the criminal history information maintained by the Division of Criminal Information of the State Bureau of Investigation to determine if the applicant has been convicted of any of the crimes enumerated above.

(c) The Chief of Police or the Chief’s designee shall provide the findings made through use of the criminal history information maintained by the Division of Criminal Information to the Town Manager or Manager’s designee, provided that the Town has executed all necessary agreements with the Division of Criminal Information of the State Bureau of Investigation.

Section 2: This ordinance shall be effective upon its adoption.

This the 24^th day of March, 1997.

Mayor Waldorf noted that two grants, with no local matching funds required, had been adopted as part of this evening’s consent agenda. She commended Town staff for their efforts in acquiring these funds for traffic control and neighborhood policing equipment.

INFORMATION REPORTS

Noting that three citizens had signed up to speak on items B, D and H on the information reports section of the agenda, Mayor Waldorf inquired whether or not the Council approved allowing citizens to speak at this time. There was Council concurrence on this matter. Council Member Evans requested removal of item A for discussion later in the meeting.

Transportation Board Chair Ruby Sinreich expressed concern that this year’s annual report on Transportation Management Plans did not include the number of surveys returned by employees at individual businesses. She said it was very important for the Town to know the extent of individual businesses’ efforts relative to transportation management plans. Ms. Sinreich also noted that the staff’s report indicated that there were two businesses which had not turned in their transportation management plan reports to the Town. Ms. Sinreich said she would be interested to know which businesses were involved.

Council Member Andresen said she did not see any information in the report to indicate whether or not the transportation management plan program was working in efforts to end the use of single-occupant vehicles. Mayor Waldorf suggested that the Transportation Board could report back to the Council on this matter

Debbie Draut, a resident of Village Green Condominiums, said the staff’s report referred to the fact that Elizabeth Street was wide enough to accommodate on-street parking and “normal traffic flow”. Ms. Draut inquired whether or not “normal” traffic flow took into account roadway grades and curves. Ms. Draut stated that on-street parking was permitted along Deep Wood to accommodate trail users. She requested that signage be put in place to direct users to parking on Deep Wood. Stating that having a safer entrance to the bicycle path was in everyone’s best interest, Ms. Draut requested that the Council adopt the ordinance prohibiting on-street parking on Elizabeth Street.

Mayor Waldorf called on Town staff to respond to Ms. Draut’s requests and to review their recommendations. Mr. Small said that Council had previously acted to remove parking on all but one hundred and eighty feet of Elizabeth Street, the least curved portion of this roadway. Mr. Small said it appeared that residents of Village Green were requesting that parking for the greenway be on Deep Wood Road, rather than Elizabeth Street. Mr. Small added that he was not sure what parking restrictions, if any, currently existed on Deep Wood Road. Ms. Draut said there were currently no restrictions on Deep Wood Road. Council Member Andresen said that Deep Wood Road was quite narrow.

Council Member Andresen inquired whether the staff’s field observation had found that the bicycle path on Elizabeth Street was being used by bicyclists or by area residents for

storage and overflow parking for Village Green Condominiums. Mr. Small said this was difficult to evaluate. He noted that the reason for initially taking parking off Elizabeth Street was to address a commuter parking problem.

Referencing a conversation she had earlier in the day with a resident of Village Green Condominiums, Council Member Brown said it also appeared that area residents were concerned about visibility and sight distance problems at the entrance to their community. She suggested that the matter be referred to staff for an examination of Deep Wood Road as an alternate site for parking. Mr. Small stated that parking was already permitted on Deep Wood Road. He inquired whether the Council was proposing the possibility of removing all parking on Elizabeth Street. Council Member Brown said this was correct.

Mr. Horton noted that the Council had an ordinance available this evening to remove parking on Elizabeth Street.

Council Member Andresen asked whether staff had met on site with residents to discuss their concerns. Mr. Small said that staff had not done so. Council Member Andresen requested that staff do so.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO STAFF TO TAKE ANOTHER LOOK AT THE POSSIBILITY OF REMOVING PARKING FROM ELIZABETH STREET AND REQUESTING THAT STAFF MEET WITH REPRESENTATIVES OF VILLAGE GREEN CONDOMINIUMS.

Mayor Waldorf said she would vote against the motion because she was very comfortable with the staff’s recommendation and she thought that there needed to be some parking close to the greenway. Council Member Wiggins asked whether or not Deep Wood was a residential street. Mayor Waldorf said that Deep Wood was a residential street.

THE MOTION FAILED BY A VOTE OF 3-6,WITH COUNCIL MEMBERS ANDRESEN, BROWN AND CHILTON VOTING YES.

Valerie Broadwell suggested that the Town’s rental income for cellular telephone towers be dedicated to the purchase of open space.

Noting that the staff’s recommendation was to have the rental income directed to the Town’s General Fund, she stated that the optional resolution before the Council would earmark funds for the purchase of open space.

Council Member Andresen said she favored the Council adopting the Resolution and approach being suggested by Ms. Broadwell.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 16.1, RESERVING MONEY FOR OPEN SPACE PURCHASES.

Council Member Capowski said he would not support Resolution 16.1 because there was no logical link between Town rental revenues from telecommunication towers and the acquisition of open space. Noting that she also did not favor the proposed resolution, Council Member Evans suggested that rental fees be dedicated to upgrading the Town’s technology.

RESOLUTION 16.1 WAS ADOPTED BY AVOTE OF 5-4, WITH MAYOR WALDORF AND COUNCIL MEMBERS ANDRESEN, BROWN, CHILTON AND WIGGINS VOTING YES AND COUNCIL MEMBERS CAPOWSKI, EVANS, FRANCK AND PAVAO VOTING NO.

SUSTAINABILITY REPORT III

Council Member Brown noted that she and Council Member Pavao had served as the Council’s representatives for Sustainability Committees 1, 2 and 3. Council Member Brown called upon Kip McGinnis to make the presentation of the report. Ms. McGinnis introduced her fellow report authors and Dr. David Brower, the project’s facilitator. She noted that this year’s report was focused on concrete implementation concepts, rather than abstract concepts of sustainability. Ms. McGinnis said she and her colleagues hoped that the Council would institutionalize sustainable development policies beginning with the establishment of a citizen committee on sustainable development. Ms. McGinnis presented an overview of the report’s recommended policies and sustainable development indicators. She stated that a lot of hard work, by committee members and students, had gone into the development of the proposed policies.

Jennifer Goldman stated that the Council needed to make a firm commitment to implement and enforce the policies they chose to adopt. She stated that the Town could take the lead in institutionalizing sustainable development by forming a standing committee on the matter.

Council Member Brown inquired whether or not Council Member Pavao had any remarks or observations. Council Member Pavao thanked the students for their hard work and guidance to the committee in preparing the report before the Council this evening.

Council Member Andresen thanked the students for their good work. She inquired how the Council might best proceed with this information. Council Member Brown said she believed that the Council would be well-advised to establish a Sustainability Committee. She suggested that the matter be referred to the Manager and Attorney for preparation of a follow-up agenda item regarding the establishment of such a committee.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER TO REFER THE REPORT TO THE TOWN MANAGER FOR PREPARATION OF A FOLLOW-UP REPORT REGARDING THE ESTABLISHMENT OF A SUSTAINABILITY COMMITTEE AND OPERATIONALIZING THE COMMITTEE’S RECOMMENDATIONS.

Council Member Evans said it would be desirable to incorporate an opportunity for review by advisory boards. Council Member Brown said the Council choose to forward the matter to advisory boards when the staff provided its report back to the Council.

Council Member Capowski thanked the students for including quantifiable and tangible indicators in their report.

Council Member Wiggins inquired whether or not passage of the proposed resolution implied that the report was complete to the Council’s satisfaction. Council Member Wiggins also asked whether or not the committee could add to the recommendations in the report. Council Member Brown said she thought that there would be ample opportunities for the addition of recommendations.

Council Member Wiggins inquired how much information was dealt with under the themes of housing and economic prosperity in the report. Ms. McGinnis explained that a lot of the report’s themes were interrelated and overlapping, including these two themes. Council Member Wiggins said she was satisfied to hear that the process would be open-ended and that new information and discussions could include new housing and economic

prosperity issues.

Council Members Brown and Pavao noted that it would be at the Council’s discretion to add other items. Council Member Pavao noted that it was up to the Council to give direction and provide a charge to the sustainability committee.

Stating that the report was a very interesting one, Council Member Evans said she thought it was important for the Council to refine the definition of open space in Town documents such as the Comprehensive Plan in the near future.

Council Member Wiggins said she thought that the report was full of things valued in the community. Council Member Wiggins also said she wanted to put the Council on notice of her belief that information in the report needed to be incorporated into a more comprehensive document setting out the Town’s vision, values and principles.

THE MOTION TO REFER THE MATTER TO THE MANAGER WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Waldorf said she very much agreed with Council Member Evans about the need to refer the matter to advisory boards for comments on the substance of the report. She stated that the two earlier reports on sustainability had been referred to advisory boards and commissions. Council Member Brown said it might be more fruitful to have comments from advisory boards after there was a proposal for a committee. She inquired when staff could bring the item back before the Council. Mr. Horton said he believed that a process-oriented report could be presented at the second meeting in April.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER THE REPORT TO ADVISORY BOARDS AND COMMISSIONS. THE MOTION FAILED BY A VOTE OF 4-5, MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, EVANS AND WIGGINS VOTING YES.

STATUS OF HORACE WILLIAMS WORK GROUP

Council Member Capowski stated that the Group’s activities were proceeding well, including the development of a recommendation on performance-based zoning. He also reported that there were a number of matters which the Work Group continued to discuss including who would approve portions of the proposed plan and how the length of time for these approvals. Council Member Capowski said there would also be a general development agreement between the Town and University regarding what developments would be permitted.

Council Member Capowski noted committee members in attendance included Bill Whitehead, Diane Bloom, Dan Coleman, Alan Rimer and Council Member Franck.

Council Member Andresen said she would be interested in knowing how and where performance agreements of the type referenced in the Committee’s report had been successful. Council Member Andresen also said she was interested in knowing how the conditions of special use were going to be met within the context of a many-tiered review process. Council Member Andresen stated that she wanted the Council to consider whether or not airport operations might be covered under the proposed zoning category.

Mayor Waldorf said she concurred with the importance of the Council dealing with this matter in the context of determining future uses of the property. Council Member Andresen suggested that Dwight Merriam review the Committee’s report and recommendations from the Town’s perspective once they were completed.

PROPOSED AIRPORT COMMITTEE

Council Member Andresen said that Mayor Waldorf and herself were proposing the establishment of an airport committee having a short sunset. She suggested that the Committee’s membership include Mayor Waldorf, Council Member Wiggins, a Chapel Hill/Carrboro School Board member, a member of Citizens for Airport Planning, an airport user, some Town residents and herself. Noting that she had recently spoken to Chapel Hill Flying Club representative Bill Sawyer, Council Member Andresen said the Council’s concern was the operation of jets at Horace Williams Airport, rather than moving the airport facility itself. Council Member Andresen said she believed that Mr. Sawyer would be willing to serve on the proposed committee. Council Member Andresen stated that the main charge of the proposed committee would be to investigate what constructive steps the Town might take to reinstate a no jets policy at Horace Williams Airport.

Mayor Waldorf stated that what was being proposed was essentially a research committee which would require minimal assistance from Town staff.

Council Member Capowski said he thought that the initial proposal was to form a committee which would advise the University on how the airport facility would operate. Council Member Andresen said she would favor having such an advisory committee.

Council Member Capowski expressed concern that the proposed committee appeared to be biased towards persons against jet airplane operations at Horace Williams Airport. Mayor Waldorf said the proposal was to form a committee to attempt to uncover anything which might help bolster the Town’s position against continuation of such jet operations.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT THE PROPOSED CHARGE TO THE COMMITTEE AND COMMITTEE MEMBERSHIP, INCLUDING MAYOR WALDORF AS THE COMMITTEE’S CONVENER AND THE COMMITTEE TO MAKE ITS REPORT TO THE COUNCIL PRIOR TO THE COUNCIL’S SUMMER RECESS.

Council Member Evans suggested a friendly amendment of adding a member of AHEC to the committee. The motioner and seconder concurred with the proposed amendment.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

OPTIONS FOR TOWN CONTRIBUTIONS FOR COST

OF PUBLIC SEWER PROJECTS

Assistant to the Manager Greg Feller provided a brief overview of the staff’s memorandum and recommendations.

Council Member Andresen inquired whether or not it was correct that staff was concerned that the cost of providing sewer service to a number of neighborhoods in the Town would be very expensive. Mr. Horton said there were also some areas which the Town might choose to annex into the Town limits. Council Member Andresen said she would like to propose the possibility that the Council amend its current policy so that it would not apply to newly annexed areas which have existing sewer service. Mr. Horton said although this would not be a problem in areas which were already served, the principal liability exposure would be areas which currently did not have sewer service.

Stating that no one would receive sewer service in areas to be annexed without some personal out of pocket costs, Council Member Capowski said no one was likely to frivolously request sewer service. Mr. Horton said that there would be some costs for extending sewer mains tied to annexations, even if no one connected to these mains. He added that a lot would also depend on which OWASA policies were in place when future annexations took place.

Flicka Bateman said she encouraged the Council to adopt an amended Resolution B, calling for setting aside funds for future assessments and for Town staff to work with OWASA staff to develop a new sewer assessment policy. Ms. Bateman stated that setting aside one percent of the Town’s budget for basic public health was both prudent and forward thinking. She also encouraged the Council to maintain its commitment to the public health of the community by setting up a fund as specified in Resolution B and to revise the Town’s existing sewer funding policy, rather than rescinding the policy.

Henry Lister said he also supported the Council adopting a stronger version of Resolution B. He also urged the Council to act so that the Town would not face the specter of a public health emergency in the future. Mr. Lister stated that adoption of Resolution B with funding of not less than $100,000 would accomplish this objective. He also said that adoption of Resolution A would be taking a step backwards.

Noting that it had taken a lot of time and effort to put the Town’s existing sewer assessment policy in place, Council Member Andresen said she thought that continuation of this policy was a good idea. Noting that she understood the Manager’s rationale for his recommendation, Council Member Andresen said she believed that money needed to be set aside to cover a portion of costs for providing sewer service to unserved neighborhoods.

Council Member Capowski inquired about the relationship between the Town’s sewer assessment policy, annexations and the Town’s future southern fire station. Mr. Horton said the Town’s key need relative to future annexation was the building of a fire station for this area. He also said it would not be feasible to annex Southern Village, Dogwood Acres or the Bayberry Drive area without having a new fire station in place. Mr. Horton noted that the Town would have a significant exposure relative to sewer service expenses for areas such as Dogwood Acres and the Bayberry Drive area. He stated that one option would be for the Council to deny to annex these areas.

Mayor Waldorf inquired whether or not an annexation study of Southern Village was in process. Mr. Horton stated that staff had examined this possibility and did not recommend any annexations to the Council for the next year. He also said that staff would report back to the Council on annexation possibilities in the future.

Council Member Capowski inquired whether or not staff had a feel for how much of the $100,000 in funding would be spent for sewer service in areas to be annexed or those within the Town’s corporate limits. Mr. Horton said the funds could only be spent within the Town’s current corporate limits. He noted that if the Council chose to extend its present policy, it would be to pay sixteen percent of sewer-related costs.

Council Member Chilton inquired whether or not there were any known projects during the 1997-98 fiscal year which would require the use of these funds for provision of sewer service. Mr. Horton said this would be dependent on future petitions for service received by the Council. Council Member Chilton inquired why it was necessary to designate any amount of money since the Town did not know whether or not there would be any petitions for sewer service received during the next fiscal year. Mr. Horton said there would be no provision for sewer service in the Town’s budget if no specific funding amount were set aside for this purpose.

Council Member Andresen inquired whether or not staff was aware of any potential requests for sewer service funding assistance in the near future. Mr. Horton said there were three to five properties on Patterson Place which might seek sewer service. Council Member Andresen inquired whether this project would use up the entire $100,000 in funds. Mr. Horton said this project would only require a small amount of the funds.

Council Member Capowski inquired whether or not it was correct that $100,000 sit in the bank if Resolution B were adopted and there were no petitions for new sewer service. Mr. Horton said this was correct.

Council Member Chilton inquired about the possibility of relating the Town’s sewer assessment policy to lot sizes or other factors. Mr. Horton said staff would be pleased to report back to the Council on this matter.

Council Member Evans inquired when OWASA could come back with additional information relative to option A. Mr. Feller said he believed it would likely be available in late spring or early summer.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 17A.

Stating that Resolution 17A was not a perfect answer, Council Member Franck said that adoption of this alternative would buy a little bit of time to get information needed to tackle the matter of how the Town should handle sewer assessment projects.

Council Member Brown asked staff to address how adoption of Resolution A would effect the needs of the Patterson Place sewer project and any other health emergencies which might arise. Mr. Horton said the Town currently had no funds set aside for these purposes. He stated that the Council could handle any such requests on an ad hoc basis.

Council Member Capowski asked whether or not staff had an estimate of cost of the Patterson Place sewer system needs. Mr. Feller said that OWASA staff was in the process of developing these estimates. Council Member Capowski inquired how many houses were involved in the project. Mr. Horton said between three and five homes were involved. Council Member Capowski suggested amending Resolution A to include sufficient funds for the Patterson Place project. Council Member Chilton said he was going to suggest that Resolution B be amended to provide funding of $50,000 to cover this project. Council Member Capowski said he would suggest Town funding of $10,000 in total for the project.

Council Member Chilton said he thought that one effect of Resolution B would be to keep the matter on the front burner, leaving the Council the option of adopting Resolution A or something similar in the future when more information became available.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO SUBSTITUTE RESOLUTION 17B, INCLUDING FUNDING OF $30,000.

Council Member Chilton said he wished to substitute clauses a and b from Resolution A as part of his proposed motion.

THE MOTION TO SUBSTITUTE RESOLUTION 17B FOR RESOLUTION 17A WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

A RESOLUTION REGARDING POTENTIAL FUNDING FOR NEIGHBORHOOD SEWERS (97-3-24/R-17b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to include $30,000 for potential future sewer funding contributions in preparing budget materials, and to identify options for deferring or eliminating services and capital projects to accommodate sewer funding contributions.

This the 24^th day of March, 1997.

SCHEDULE FOR REVIEW OF PROPOSED MEADOWMONT DEVELOPMENT

Mr. Horton said that there were a total of five special use permit applications in process for a portion of the proposed Meadowmont master land use plan. Noting the large scope of this review, Mr. Horton said he recommended that the Council begin its public hearing process with a public hearing on April 23^rd, to permit the applicant to make a presentation on all five applications. He reviewed the balance of the proposed schedule for hearings and advisory board meetings, noting that final action could possibly take place on June 24^th, July 7^th or some other evening as desired by the Council.

Council Member Brown said she was proposing a substitute resolution on this matter. Council Member Brown noted that she had added the following to the proposed resolution: “Whereas traffic impacts will be an important consideration” and “Whereas this can provide valuable information regarding traffic impact and proposed solutions” and “Be it further resolved that the Council involve the NCDOT congestion management section with the Town Manager and staff and providing information regarding traffic impacts and proposed solutions during this process.” Council Member Franck seconded the motion.

Noting the large amount of information which would need to be reviewed between the five applications, Council Member Andresen suggested that the five applications possibly be presented over two evenings, rather than all being presented in one evening.

Noting that she had not had the opportunity to review the substitute motion being proposed by Council Member Brown on the floor this evening, Council Member Evans said she was not comfortable supporting this resolution before having an opportunity to review it in greater detail.

Mayor Waldorf called upon staff for their comments.

Noting that he had not seen the proposed resolution prior to this evening, Mr. Karpinos said he was concerned about proposed language regarding traffic impacts since the Council had not received any evidence on the requested special use permits to date. He stated that the proposed clause suggested that the Council was predetermining what the important issues were in a matter wherein no evidence had been presented as yet.

Mayor Waldorf inquired what the “Division of Traffic Congestion Management” might provide in the way of comments on the matter. Noting that he had no idea what other comments might be forthcoming, Mr. Horton stated that Larry Goode, Director of the NCDOT Division for Internal Administration, had already filed some comments with the Town regarding the proposed Meadowmont development. Council Member Brown said it was her understanding that this section of the Department of Transportation had commented on potential traffic impacts and possible solutions in the past. Council Member Brown also stated that her concerns were that the Department of Transportation be brought into the process as soon as possible and that the best traffic impact information possible be made available to the Council.

Council Member Brown said she would be willing to drop the proposed third “whereas clause” regarding traffic impacts from the proposed resolution. Mr. Karpinos said this would address his concern. Council Member Franck, the motioner’s seconder, expressed his concurrence with the proposed change.

Stating that the proposed Meadowmont development was a very large proposal, Council Member Capowski noted that the special use permit applications for the somewhat smaller Southern Village proposal had been split into two public hearing nights. He expressed concurrence with Council Member Andresen’s earlier remarks that more time needed to be spent on these applications. Council Member Evans noted that only a portion of the proposed Meadowmont master land use plan was being presented to the Council initially.

Mayor Waldorf suggested the possibility of splitting the proposed motion into two resolutions: one regarding whether or not to require that the DOT’s congestion management division be included early in the process and the other regarding the acceptability of the proposed schedule.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO FORMALLY SPLIT THE MOTION INTO TWO SEPARATE ITEMS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Brown said she wished to reiterate the importance of involving the Congestion Management Division of the Department of Transportation early in the review process or by hiring a consultant on traffic congestion.

THE FIRST HALF OF THE MOTION, REGARDING TRAFFIC CONGESTION, WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS EVANS AND PAVAO VOTING NO.

Mayor Waldorf said although she thought that the proposed schedule was fine, it appeared that some Council Members thought that the schedule was too ambitious.

Council Member Evans inquired whether or not the Council was getting applications for the entire Meadowmont site. Mr. Horton said the Council would receive applications covered the bulk of the site, including infrastructure, the village center, apartments, a recreation center, Town park and a school site. Council Member Capowski asked what would not be included in this portion of the application. Mr. Horton said the Council would not be receiving applications regarding the south side of NC 54, including a proposed Wellness Center.

Mr. Horton said if there was concern about hearing all of the presentations on one evening, hearings could also possibly be scheduled on April 24^th. Mayor Waldorf stated that the evening of April 23^rd was being set aside to provide an opportunity for the applicant to make an overall presentation on the five initially requested special use permits. Council Member Brown requested a clarification of the term “public hearing” relative to the April 23^rd meeting. Mr. Horton said this term was being used since the Council would be receiving testimony from the applicant as part of a quasi-judicial proceeding.

Council Member Andresen said her concern was that public hearings on Meadowmont were scheduled for May 19^th and 20^th and a budget work session was scheduled for May 21^st. She suggested that one possibility would be to have the second hearing night during a different week in order to break up consideration of the applications.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO CHANGE THE DATE OF THE PROPOSED SECOND PUBLIC HEARING NIGHT FROM MAY 20^TH TO MAY 28^TH.

Council Member Evans noted that she had a conflict with a Triangle J Council of Governments meeting on May 28^th. Council Member Andresen said she would be willing to change the proposed date to May 29^th.

THE MOTION TO CHANGE THE SECOND HEARING NIGHT TO MAY 29^TH FROM MAY 20^TH FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI AND CHILTON VOTING YES.

THE MOTION TO ADOPT THE SCHEDULE AS ORIGINALLY PRESENTED (HEARINGS ON MAY 19^TH AND 20^TH) WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

A RESOLUTION ESTABLISHING A SCHEDULE FOR REVIEW AND CONSIDERATION OF SPECIAL USE PERMIT APPLICATIONS FOR THE MEADOWMONT DEVELOPMENT (97-3-24/R-18a)

WHEREAS, the Town of Chapel Hill has received a set of five Special Use Permit applications for the proposed Meadowmont development; and

WHEREAS, the Chapel Hill Town Council wishes to schedule sufficient opportunity for board and citizen review and comment on these applications; and

WHEREAS, the Department of Transportation Congestion Management Section can provide valuable information regarding traffic impacts and proposed solutions;

NOW, THEREFORE, BE IT RESOLVED that the Town will involve the N.C. Department of Transportation Congestion Management Section with the Town Manager and Staff in providing information regarding traffic impacts and proposed solutions during this process.

This the 24th day of March, 1997.

INTEGRATED SOLID WASTE MANAGEMENT PLAN

Solid Waster Planner Blair Pollock presented the staff’s introductory comments and the Council’s options regarding the integrated solid waste management plan.

Council Member Evans inquired why different types of paper were separated relative to recycling programs. Mr. Pollock said this was market-driven, with newspapers, magazines and cardboard being separated. Council Member Evans inquired why the proposal was to collect all of these materials together. Mr. Pollock stated that a materials recovery facility would present an opportunity to bring a lot more types of fiber into the recycling stream without requiring individuals to think about separating the different types. Council Member Evans asked whether it was correct that sorting would occur at a materials recovery facility. Mr. Pollock said this was correct. Council Member Evans inquired about the possibility of residents continuing to separate cardboard, newspapers and magazines, mingling the balance of materials. Mr. Pollock said one effort was to limit truckside sorting in order to improve collection route efficiency.

Council Member Brown said it was her understanding that all of the waste prevention measures were on the table for discussion, rather than only selected portions. She stated that in order to seriously reduce waste levels, it would be necessary to review all waste prevention measures. Mr. Pollock said it was staff’s general understanding that each of the individual jurisdictions would individually choose whether or not to consider possible bans and volume-based fees, rather than there being a unitary system for these matters. Solid Waste Director Gayle Wilson briefly reviewed the Council’s options in this matter.

Council Member Brown said it was her understanding that an Orange County regional effort was being proposed. She also said it would be a serious mistake to propose separate systems at such a late stage in the process.

Council Member Chilton said that the Council ultimately did not have much say in how the Town of Carrboro chose to collect its trash. He also said it had been a premise of negotiations and discussions to date that the Town of Chapel Hill would be able to determine how to collect its trash in terms of solid waste. Council Member Chilton stated that there had been agreement about a regional effort relative to recyclables.

Council Member Capowski inquired about the meaning of the term “universal collection.” Mr. Pollock said this referred to the fact that all sectors in the Town, including residences, multi-family units, apartments and commercial establishments currently had trash collection, while unincorporated areas of Orange County did not have universal collection. Council Member Chilton noted that in unincorporated Orange County only denser rural subdivisions currently received recycling collections.

Taking into account differences in lifestyle, density and other factors, Council Member Capowski inquired whether or not it was feasible to provide the Town’s level of curbside recycling service in rural Orange County. Council Member Franck said this would be dependent on actual costs.

Council Member Evans inquired about the current percentage of recyclables collected from multi-family units in Orange County. Mr. Pollock said approximately twelve percent.

Council Member Evans said she believed it would be a good idea to have a solid waste system which was as simple as possible. Council Member Capowski said he concurred about the need to keep the system as simple as possible, including the development of straightforward brochures and materials telling people about how solid waste would be handled. Mr. Pollock said that staff could provide copies of such materials to the Council. Council Member Franck noted that under the proposed new system, citizens would receive a very simple brochure indicating that bottles and cans would go in one bin while all types of papers would go in the other bin.

Council Member Brown said that public comments from Orange County had been consistently to reduce waste as much as possible. Council Member Brown stated that the best way to achieve this was to join Orange County in adopting all five waste prevention measures.

Mr. Pollock briefly reviewed the status of consideration and actions taken by other local governments to date regarding waste reduction and collection bans. Mr. Pollock stated that staff had put together some cost estimates for a system based on the Council’s adopted goal of reducing mixed solid waste by fifty percent compared to the benchmark year of 1988-1989, excluding construction and demolition waste. He also presented a brief overview of proposed waste prevention measures and their estimated costs.

Mayor Waldorf inquired whether or not staff believed that the true cost for disposing of garbage was about $37.00 per ton. Mr. Pollock said this was correct.

Stating that the estimated costs relative to solid waste costs were absolutely scary, Council Member Evans said that citizens also did not want to pay higher taxes or fees for Town services. Council Member Evans inquired what would happen if the University decided it was more economically viable to truck their waste somewhere else. Mr. Wilson said although any entity could take their waste elsewhere, it would still remain the responsibility of local governments in Orange County within the State’s eyes for meeting mandated and suggested goals. Council Member Evans inquired how this was measured. Mr. Wilson said there was a State statute requiring that all waste haulers report back to the jurisdictions about the amount of waste collected and transported out of the originating jurisdiction. Council Member Evans inquired whether or not there had been a recent change in the State’s reporting requirements concerning percentages. Mr. Wilson said this was correct, stating that the change was quite major, with local governments being free to set their own goals. Noting that the State’s overall goal was 40%, Mr. Wilson said in the past the Council had adopted a goal of fifty percent for mixed solid waste.

Council Member Evans noted that the estimated annual cost of the current system was $1.2 million dollars, compared to $3.5 million for the possible new system. She inquired whether or not it was correct that the $3.5 million did not include the cost of a new landfill or any other type of new facility. Noting that some new disposal mechanism would be needed, Mr. Wilson said this was correct.

Stating that the task of reducing solid waste volumes by fifty percent was a phenomenal one, Council Member Chilton said that it was a goal to which the Council had recently recommitted itself. Noting that $3.6 million was a lot of money, Council Member Chilton said if this cost were allocated among the residents of Orange County, the per person cost for reducing waste by fifty percent was really a phenomenal bargain. He also said that the proposed system was a very simple one for users, with recyclables being separated into two broad categories.

Referencing a scenario in which waste reduction were approached in the manner outlined in the memorandum before the Council this evening, Mayor Waldorf inquired when it would be possible to attain a 50% waste diversion rate and in what year the system would cost an estimated $4.3 million countywide. Mr. Wilson said if the proposed system were adopted, it would take an estimated eighteen months to design and construct a materials recovery facility. He stated that while the facility was being constructed, it would be possible to set up collection systems and plan program education programs. Mr. Wilson said he estimated that the projected project costs would be paid by the third year of operations.

Stating that about one-third of the waste stream was commercial construction debris, Council Member Andresen inquired how this would be addressed within the context of the proposed system. Stating that the Landfill Owners Group (LOG) had considered a number of options on this matter at its most recent meeting, Council Member Chilton said the LOG felt that construction and demolition debris should be at or near the site to deal with the balance of solid waste. He also said that for the most part, the disposal cost of construction and demolition waste were mostly borne by contractors, rather than individual taxpayers. Council Member Chilton also noted that the LOG felt it was unrealistic to think that local citizens would be interested in driving thirty-five miles to reach the nearest construction and demolition waste facility in Wake County.

Council Member Wiggins requested that staff briefly describe how the materials recovery facility would operate, what it would look like and how many people it would employ. Mr. Wilson said the proposed facility would likely be 20,000 to 25,000 square feet on a five to seven acre site. He stated that the facility would likely employ eighteen to twenty persons.

Council Member Brown inquired what would happen to the materials if the proposed plan before the Council this evening were not implemented. Mr. Wilson said that these materials would continue to go into the landfill. Council Member Brown expressed concern that the Council had not faced up to the issue of what to do about solid waste disposal and reduction. She suggested that the Council could possibly examine ways to reduce waste disposal costs, including the possible reassignment of sanitation collection staff to roles related to the collection of recyclables.

Noting that it was approximately 10:25 p.m. and a number of persons had been waiting patiently to speak on the Pine Knolls item, Mayor Waldorf suggested that the Council would likely only be able to handle a few more items this evening.

Mr. Horton requested that the Council consider a number of items this evening including the hotel-motel tax allocation process schedule, the disposition of surplus property, the special use permit for Northern Community Park and a presentation by Warren Faircloth regarding erosion and sedimentation controls.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO PLACE THE RESOLUTION ON THE FLOOR REGARDING WASTE MATTERS.

Council Member Franck suggested that the Council endorse all five waste prevention measures listed in the proposed plan. Noting that she agreed with this proposal in concept, Mayor Waldorf said a number of budget and administrative decisions would needed to be worked through before she could ultimately sign off on the proposals.

Council Member Capowski asked whether the over $2 million difference in estimated additional costs were related to tipping fees. Council Member Chilton said although the additional costs could be covered through a combination of sources, the costs would ultimately be borne by taxpayers.

Noting the large amount of projected additional costs involved, Council Member Capowski said he needed to know the impact of these costs on taxpayers. He stated that a rough estimate of impact would be a five cent increase in Orange County’s tax rate. Council Member Chilton said that some of the costs would be borne by businesses, private haulers and the University paying tipping fees. He inquired what percentage of revenues going into the Landfill Fund were from the Town’s coffers. Mr. Wilson said that the present figure was a little under $600,000 out of total landfill revenues of $2 million.

Council Member Franck noted that it presently cost about $1,600,000 per year to collect garbage in the Town. He suggested that the Council endorse all five waste prevention measures listed in the plan. Council Member Wiggins inquired whether or not the resolution was time-sensitive. Council Member Franck said the resolution was time-sensitive since the Landfill Owners Group would be meeting on Wednesday evening.

Council Member Wiggins expressed concern that some citizens had been waiting to address the Council since 7:00 p.m. Council Member Andresen suggested the possibility of the Council hearing from the citizens on other matters and returning to the landfill item later in the evening. Stating that the matter had been on the Council’s agenda for about a year, Council Member Chilton said he favored continuing the Council’s discussion of the item.

Council Member Chilton inquired whether or not it was correct that under item number one, prevention, the Council was endorsing all five items in concept and on item number two agreeing that local control ought to be maintained over mixed solid waste prevention and collection. Stating that there had been a lot of discussion about regionalism, Council Member Brown said that if it were not possible to approach solid waste matters in a regional fashion, discussions about regionalism might as well stop. Council Member Chilton asked whether or not Council Member Brown was proposing alternative language. Council Member Brown said she concurred with the language as proposed. Council Member Chilton said it had been clear throughout the process that individual jurisdictions would maintain independent control over solid waste collection. Council Member Franck suggested having a show of hands on the concept that individual jurisdictions would exercise local control over collection bans and volume-based fees.

Council Member Brown inquired whether or not Orange County had endorsed the concept of universal recyclable collection. Mr. Wilson said that Orange County did endorse the concept of universal recyclable collection but did not endorse universal garbage collection.

Council Member Capowski inquired whether or not it was correct that curbside or household recycling would be provided to every home in unincorporated Orange County. Mr. Wilson said this was correct with a small number of exceptions.

Stating that there was general Council concurrence on points one and two, Mayor Waldorf inquired whether there were any editorial or qualifying comments on points three, four or five. Referencing point number five, Council Member Franck said he thought there was great potential to design and construct a materials recovery facility which would accommodate some amount of construction and demolition wastes.

Council Member Evans said she did not think that it was necessary to design a materials recovery facility which resembled an office building.

Mayor Waldorf reviewed the proposed resolution, noting that it appeared that the Council wished to endorse all five waste prevention measures, retain local control in prevention and collection of mixed solid waste, working in concert with other governments in the county. Council Member Brown said the matter was still a little bit confusing. Council Member Chilton suggested eliminating the word “prevention” since the individual governments would be maintaining control over mixed solid waste collection bans and volume-based fees. Council Member Brown said she thought it was important to differentiate between mixed solid waste collection and recyclables collection.

Council Member Chilton said he was suggesting eliminating the word “prevention” under category number two, mixed solid waste collection.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION IN RESPONSE TO THE LANDFILL OWNERS GROUP’S REQUEST FOR FEEDBACK ON THE INTEGRATED SOLID WASTE MANAGEMENT PLAN (97-3-24/R-18.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the following recommendations concerning the integrated solid waste management plan proposed by the Landfill Owners Group:

1. Regarding the elements of the system as recommended and any changes:

Prevention: Endorse all five strategies in concept.

Collection: As proposed.

Processing: Materials recovery facility as proposed.

2. Regarding local control and determination of activities related to mixed solid waste prevention and collection: Retain local control over collection, working in concert with other local governments in Orange County on collection bans.

3. Regarding collection and processing of recyclables, and related waste prevention strategies: as proposed.

4. Regarding universal (county-wide) collection of recyclables from all sectors (residential, multifamily, commercial): as proposed.

5. Regarding a materials recovery facility that could process both source separated and commingled recyclables: as proposed.

This the 24th day of March, 1997.

PINE KNOLLS COMMUNITY CENTER PROPOSALS

Mr. Horton said after a preliminary review of a number of issues relative to the Knolls community center proposals and correspondence, staff was requesting that the Council permit staff to continue to work with interested community parties. Mr. Horton stated that the Pines Community Center board had said it would be valuable to have administrative assistance other than from volunteers. Mr. Horton said in essence he was requesting that the Council authorize staff to continue its discussions with the Pines Community Center to give them an opportunity to put proposals on the table to resolve all outstanding issues.

Apologizing for the lateness of the hour in taking up the item and noting that eleven persons were signed up to speak on the matter, Mayor Waldorf stated that the Council would be taking no final action on the matter this evening.

Keith Edwards said that at the March 3^rd Council meeting, she had mistakenly stated that no Council Members lived in minority neighborhoods. Ms. Edwards stated that she had meant to say that no Council Members lived in low-income neighborhoods. Ms. Edwards also said she was not implying that Council Members were not interested in or were not sensitive to the concerns of low-income persons. She requested that the Council consider the needs of the Northside community during its budget discussions. Ms. Edwards said the Pine Knolls housing program needed to continue, regardless of who administered the program. Noting that she had twenty-one years of experience as a police officer, Ms. Edwards said she would be willing to volunteer her time to mediate differences regarding the Pine Knolls housing program.

Human Services Advisory Board Chairperson Ed Devaney said he was touched and moved by the Pine Knolls community housing program initiated by Ted Parrish. Noting that he strongly believed in self-determination in housing and other matters, Mr. Devaney urged the Council to allow the Pine Knolls community to continue its efforts, rather than bringing in a consultant to administer the program.

Ted Parrish said the people making the most noise about the Knolls housing program were hiding the fact that they were not doing sweat equity for their homes. Stating that the efforts of the Knolls community housing program were proceeding well, Mr. Parrish urged the Council to continue its financial and other support of the Knolls housing program. Expressing concern about recent attacks on his personal character and veracity, Mr. Parrish said he hoped that the community would focus on the Knoll’s program goal of providing affordable housing opportunities.

Margaret Cheek said she was the only individual who had purchased a home under the auspices of the Knolls housing program since its inception two and a half years ago. Stating that she had a number of significant concerns about the program’s administration, Ms. Cheek requested that the Council thoroughly examine the program and withhold program funding until the examination was completed.

Mr. Horton, a resident of the Pine Knolls community, said he was very displeased with the condition of homes for sale in the Knolls housing program. He requested that the Council look into the program further and withhold program funding until program concerns were adequately addressed.

Marian Brooks said that she had received notice of her potential eviction from a rental house at 108 Johnson Street. Stating that she thought she would be able to stay in the home until June, Ms. Brooks said this continued to be her desire.

Reverend Bowden encouraged the Council to permit concerned community residents from the Knolls and Northside to work together to address the concerns of Ms. Brooks and other Knolls residents.

Harvey Reid, President of the Knolls Development Association Board of Directors, said he had decided to resign this position at the Board’s next meeting on April 10^th. Mr. Reid stated that he had not received answers to a number of concerns about recordkeeping and other administrative matters tied to the Knolls Development Association’s activities. He also stated that many Knolls residents were not happy with the program’s recordkeeping. Mr. Reid said although he generally believed that the program was a good one in concept, some of the program’s mechanisms needed fine-tuning. Stating that the program’s potential participants were hard-working individuals and families, Mr. Reid said he urged the Council to examine the program very, very closely and to work inside and outside of the community to make it a successful one.

Marcy Lipsy, a resident of the Knolls community since September, 1996 and the Knolls Development Association’s former treasurer, said she was glad she had not attempted to purchase a home through the Knolls Development Association since the home she was interested in was still not completed. She said although the overall program was excellent, there was a strong need to make potential homeowners aware of the responsibilities of homeownership. Ms. Lipsy also said there was a need for stronger program supervision to ensure that necessary home repairs were being completed satisfactorily and within a reasonable period of time.

Virginia Barbee said that the Interfaith Council had had to loan money to persons who had recently initiated a rent strike in some homes owned by the Knolls Development Association. Ms. Barbee said that a number of the persons who wished to purchase homes in the Knolls community did not want to contribute any sweat equity to this program’s efforts She stated that the contribution of sweat equity by all program participants was an essential ingredient in the program’s continued success.

Noting that it was quite difficult for persons with marginal credit to obtain mortgages, Kevin Cook said it was rare for people to have the opportunity to purchase a house for less than the home’s market value. Stating that the Knolls program and the Town were provided homeownership opportunities which were not available in the private marketplace, Mr. Cook urged the Council to continue its support of this program.

COUNCIL MEMBER EVANS MOVED THE ADOPTION OF RESOLUTION 19a.

Council Member Franck inquired about the time period before the $70,000 in federal funding referenced in the resolution would need to be returned to the federal government if the funds were not used. Mr. Horton said it would be several months before the funds needed to be returned.

COUNCIL MEMBER CHILTON SECONDED THE MOTION TO ADOPT RESOLUTION 19a.

Council Member Wiggins said she thought that Resolution B was preferable because it kept the $70,000 in funding available for community revitalization. Noting that Town staff continued to talk to the Knolls community and other neighborhoods about possible uses for these funds, Council Member Wiggins said she would be interested in substituting Resolution B for Resolution A.

COUNCIL MEMBER EVANS WITHDREW HER MOTION AND COUNCIL MEMBER CHILTON WITHDREW HIS SECOND FOR THE ADOPTION OF RESOLUTION 19a.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 19B.

Council Member Franck inquired about the difference between Resolutions A and B. Mr. Horton said that Resolution A put funds into a particular category of expenditure and shut off the possibility of any other category being utilized.

Stating that there appeared to be a number of ongoing and difficult disputes involved, Council Member Andresen suggested the possibility of calling on the Dispute Settlement Center to resolve some of the disputes. She requested that the staff respond this option in preparing its follow-up report to the Council. Council Member Wiggins asked Mr. Parrish to comment on this possibility. Mr. Parrish said that Housing Board Chair Charlie Zimmerli had contacted Dispute Settlement Center staff to discuss the use of Center staff to resolve some matters of dispute. Expressing his willingness to participate in such a mediation, Mr. Parrish also suggested that the Town be represented in such discussions.

Stating that this was a good idea, Mayor Waldorf said that there needed to be a deadline for concluding such discussions.

RESOLUTION 19B WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN AMENDMENT TO THE 1996 - 97 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (97-3-24/R-19b)

WHEREAS, the Town has an ongoing interest in community development activities in Chapel Hill; and

WHEREAS, since 1993, the Town has worked on neighborhood revitalization projects in the Pine Knolls community; and

WHEREAS, on October 16, 1997, the Council approved an amendment to the 1996 - 97 Community Development program and budgeted $70,000 to acquire Merritt Mill Square; and

WHEREAS, the Pines Community Center and EmPOWERment Incorporated requested that these funds be reallocated for operating expenses for EmPOWERment Incorporated to manage the Pine Knolls Homeownership Program; and

WHEREAS, on March 3, 1997, the Council held a public hearing on a proposed amendment that would appropriate $70,000 of Community Development funds for operating expenses for the Pine Knolls Homeownership Program; and

WHEREAS, on March 17, 1997, the Pines Community Center rescinded its recommendation for EmPOWERment Incorporated to operate the Homeownership Program; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves an amendment to the 1996 - 97 Community Development program to reallocate $70,000 of Community Development for the Neighborhood Revitalization activity. Potential uses of funds in the Neighborhood Revitalization activity would include property acquisition, second mortgages, housing rehabilitation, public improvements and operating expenses.

This the 24^th day of March, 1997.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWKSI, TO TABLE ALL OTHER ITEMS ON THIS EVENING’S AGENDA EXCEPTING ITEMS 12 AND 4O AND 4Q. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

NORTHERN COMMUNITY PARK SPECIAL USE PERMIT MODIFICATION

Mr. Horton said that adoption of the proposed resolution before the Council would allow the unencumbrance of a small odd-shaped piece of land so that it could be used by Freedom House in an application that Freedom House would be bringing before the Council.

COUCNIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO CLOSE THE PUBLIC HEARING.

Mayor Waldorf inquired whether anyone wished to speak on the matter, hearing none, she noted that the motion was in order.

THE MOTION TO CLOSE THE HEARING WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 20A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR NORTHERN COMMUNITY PARK (File Number 24..19)

(97-3-24/R-20a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification, proposed by the Town of Chapel Hill on property identified as Chapel Hill Township Tax Map 24, part of Lot 19, if developed according to the site plan dated March 4, 1997:

1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18 and with all other applicable regulations;

3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit Modification to reduce the boundary of the Northern Community Special Use Permit to include the boundary in accordance with the plan listed above with the plans for development in accordance with the Park plan and conditions of the Special Use Permit recorded in Deed Book 1479, Page 275 of the Orange County Register of Deeds.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit Modification for the Northern Community Park.

This the 24^th day of March, 1997.

CONSENT AGENDA ITEM #4O

Expressing concern that more and more money was being taken out of the General Fund to pay for larger items, Council Member Brown said she would vote against the resolution.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 14. THE MOTION PASSED BY A VOTE 0F 6-3, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND CHILTON VOTING NO.

A RESOLUTION ESTABLISHING A PROCESS AND SCHEDULE FOR REVIEWING PROJECT PROPOSALS FOR USE OF HOTEL/MOTEL TAX REVENUES

(97-3-24/R-14 )

WHEREAS, the Council has adopted criteria for considering project proposals for use of hotel/motel tax revenues; and

WHEREAS, the Council will approve a total amount to be allocated for these project proposals as part of the budget process for FY 1997-98; and

WHEREAS, the Council has allocated 15% of all hotel/motel tax revenues to the Chapel Hill/Orange County Visitors Bureau for the past two years; and

WHEREAS, the Town staff will evaluate project proposals and make recommendations to the Council in June, 1997;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the following schedule and process for the review and allocation of funds from hotel/motel tax revenues:

April 4, 1997: Mail applications to organizations that are on an ongoing mailing list.

April 6, 1997: Advertise in a local newspaper that hotel/motel tax grant applications and criteria are available.

April 5 - May 9, 1997: Accept applications from all interested individuals and organizations.

May 12 - June 6, 1997: Staff evaluation of all grant proposals and development of recommendations for allocating hotel/motel funding.

June 23, 1997: Council consideration of applications and staff recommendations, assuming previous adoption of the FY 1997-98 budget which would include the amount available for hotel/motel grants.

June 24, 1997: Upon Council approval, staff would begin to negotiate performance agreements with all individuals and organizations selected to receive grants.

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill directs that 15% of hotel/motel tax receipts be allocated to the Chapel Hill/Orange County Visitors Bureau.

This the 24th day of March, 1997.

CONSENT AGENDA ITEM #4Q

Council Member Chilton said it was a little difficult to fathom that there were a total of 27 different vehicles which were no longer of service to the Town. Mr. Horton said staff could prepare a report for the Council on the use and age of the vehicles proposed for disposal.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 16. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DECLARING 195 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUATORY REQUIREMENTS (97-3-24/R-16)

WHEREAS, article 23 of N.C. General Statute 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and

WHEREAS, the Town wishes to dispose of certain items of personal property;

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

1. That the following items of personal property are hereby declared surplus:

VEHICLES:

QUANTITY	ITEM
1	1984 Chevrolet Truck
1	Ford Station Wagon
1	1984 Ford LTD 4S
1 2 1 1 1 1 1 1 1 1 1 2 2 3 1 1 2 1 2	1985 Dodge Van 1986 Plymouth 4S 1986 Chevrolet Truck 1986 Ford Ranger Truck 1987 Ford F-700 Truck 1987 GMC Rear-Load Garbage Truck 1988 Mercury Tracer 4S 1988 Ford F-700 Truck 1988 Chevrolet 4S 1989 Chevrolet Cavalier 4S 1989 Hardee Trailer 1990 Chevrolet Station Wagons 1990 Dodge Van 1991 Chevrolet Caprices 4S 1991 Dodge Station Wagon 1992 Chevrolet Caprice 4S 1992 Dodge Vans 1993 Chevrolet Caprice 4S 1993 Ford Taurus Station Wagons
MISCELLANEOUS EQUIPMENT
1 1 1 2 1 1 1 2 1 14 1 1 1 2 1 2 1 1 1 1 2	Homemade Trailer 1983 Jacobson Riding Mower 1984 Jacobson Riding Mower 1969 Leaf Loaders Yazoo Mower 5 HP Tiller Chemical Sprayer 10” Miter Saws Craftsman Generator, 4000 Watt High Back Bus Drive Seats (Sealed Bid) Shop Vacuum: Wet/Dry GFI Vault Receiver for Round Cash Vault (Sealed Bid) Large Vehicle Washer (Sale for scrap metal) Pallets of old electric parts Lot of RTS bus parts for 1980/82 (Sealed Bid) Pallets of used bus parts (Sealed Bid) Set of bus wheels (2 front, 2 rear) (Sealed Bid) 1980/82 RTS tow bar (Sealed Bid) Pallet miscellaneous shop items Old wheelchair V730 Transmissions (Sealed Bid)
TELEVISION, RADIO EQUIPMENT
2 1 1 1	Black and white portable televisions Motorola Radio head unit charger 2-way bus radio Baby grand piano (Sealed Bid)
OFFICE EQUIPMENT
2 3 1 2 1 1 1 1 8 9 2 2 1 3	IBM Wheelwriters (3 & 5) IBM Typewriters Olivetti ET 115 Electronic Answering Machines Telephone Answering Machines Telephone Intercom Panasonic FP 2123 Copier Minolta Copier Lanier Dictaphone w/ head set, foot pedal 80’s telephones ITT Tel-Trex Telephones Boxes of Telephone Equipment Sets of Western Electric Switching Telephones Ricoh Fax Machine Telephone (Barge)
OFFICE FURNITURE
1 1 2 1 11 15 3 2 2 1 1 3 1 1	9’ table Wooden end table with 4 drawers Pressboard shelved, laminated wood finish Wooden desk with 4 drawers Office chairs Chairs Tables File cabinets Desk Partition set Ping Pong Table Stacking chairs 2 Drawer file Miscellaneous office supplies
COMPUTER EQUIPMENT
1 1 1 1 1 1 1 2 1 1 1 6 1 1 1 1 4 1 1 1 1 1 1 2 1 1 3 1 1 1 1	Epson Equity II, Model Q 901A Computer Epson EX800 Priner IBM Computer and Monitor PCXT Computer IBM Type 4869 “B” Drive 5 ¼” IBM P52 Computer IBM PS/1 Essential Hard Drive Compaq Portable II Computers Tandy 1000 SL Computer Tandy Hard Drive w/Monitor and Keyboard Teltread Monitor Computer, Monitors and Keyboards 9600 Modem Amdek Video 300-A Monitor Argus Model DCM 1480 Monitor Panasonic Model 13811 Monitor Computer Keyboards Model 150100 Backpack Hard Drive IBM Keyboard and Mouse Computer Monitor Swivel Data Transfer Switch Black Cable - Tandy RG 58/U20 AUG Santa Clara System Monitor Hyundai Hard Drive with 2 keyboards Black and whilte monitor Computer back-up tales - Model 3M, DC600, DC Data Cartridges Com Keyboards Panasonic KXP 1123 Printer Panasonic KXP 2124 Printer Image Writer II Printer Panasonic KXP 1124 Printer

2. That the Purchasing Agent of the Town of Chapel hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.

3. That the public auction is to take place on Saturday, April 19, 1997, at 10:00 a.m., at the Municipal Operations Facility, 1099 Airport Road.

4. That prior to the public auction the Purchasing Agent is authorized to dispose of any of this personal property by sale, lease, exchange, sealed bid, or transfer to other governmental units in conformity with N.C. General Statutes 160A-274.

5. That the terms of sale shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent. All sales shall be designated final on the day of the auction.

6. That all items shall be sold on an “as is” and “where is” basis and the Town makes no guarantee of and assumes no responsibility for any of the items.

7. That it shall be the condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operation Facility by 3:00 p.m. on the day of the auction. Successful bidders shall bear the sole risk for loss of any items remaining on the premises past the designated time.

BE IT FURTHER RESOLVED that if any surplus property is not sold at the public auction, or sold, leased, exchanged or transferred to governmental agency, the Purchasing Agent is hereby authorized to sell said surplus property by private negotiated sale in conformity with N.C. General Statute 160A-267.

This the 24th day of March, 1997.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting concluded at 11:34 p.m.