MINUTES OF PUBLIC FORUMS AND HEARINGS HELD BY THE CHAPEL HILL TOWN COUNCIL, MONDAY, APRIL 7, 1997 AT 7:00 P.M.

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 Florentine Miller, Assistant to the Manager Greg Feller, Planning Director Roger Waldon, Development Coordinator J.B. Culpepper and Town Attorney Ralph Karpinos.

Mayor Waldorf presented an overview of the evening’s planned agenda, noting that the principal focus of the meeting would be a public forum on the Town’s proposed budget. Mayor Waldorf requested that the Council authorize her to write a letter to the OWASA Board Chair asking that OWASA submit a statement to the Chatham County Commissioners on the potential affects that the proposed Astoria development might have on Jordan Lake water quality. Jordan Lake is to be a future drinking water source for the OWASA service area and that OWASA is an appointed board not an elected board, so they may prefer to be asked to do these things by the elected boards.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO AUTHORIZE MAYOR WALDORF TO PREPARE AND FORWARD SUCH A LETTER.

Council Member Evans noted that there were potentially some issues related to a package treatment plant, including effects on water quality and the potential for failure of package plants.

THE MOTION TO AUTHORIZE THE MAYOR TO PREPARE SUCH A LETTER, INCLUDING CONCERNS ABOUT PACKAGE TREATMENT PLANTS, WAS ADOPTED UNANIMOUSLY (9-0).

PUBLIC FORUM ON PROPOSED 1997-98 BUDGET

Mr. Horton made introductory comments regarding each of the funds in the proposed budget document. He stated that anticipated reductions in sales tax revenues and Powell Bill would be somewhat offset increases in property tax revenues. Mr. Horton stated that the proposed tax rate for the Transportation and General Funds are proposed to be 55.3 cents, compared to 59.6 cents at present, reflecting an effective tax rate increase, after equalization for revaluation, of about 4.2 cents.

Mayor Waldorf inquired whether it was correct that the first year costs for the proposed additional fire inspector and zoning enforcement officer positions were slightly higher due to the fact that both positions would require vehicles. Mr. Horton said this was correct, adding that both positions would also need computers, office equipment and other items.

Laura Hardin, representing the Junior League of Durham and Orange Counties, requested that the Council continue its funding of the middle school after-schools program. Ms. Hardin said that this program was well run and well attended by participants.

Lei Knight presented a status report of the Employment Project program. She stated that the Employment Project had recently received an award from the National Vocational Rehabilitation Agency in Washington, D.C. She expressed her appreciation for the Councils’ continued support of the Employment Project program.

Ted Abernathy, Vice-Chair of the Good Work Board, said he supported Mr. Horton’s recommendation to fund the Good Work program in the Chapel Hill area. Mr. Abernathy stated that the program’s loan repayment rate was over 99% and the business failure rate of members was less than 2%. He stated that the program had won a number of national awards and was an excellent overall program.

Donna Dyer, Executive Director of the Orange Community Housing Corporation, asked that the Council continue its funding support of her agency. She stated that the Magnolia Place project had recently been awarded the Social Compact Award. Ms. Dyer said that the $10,0000 cash award would be presented by Congressman David Price on May 6^th in Washington, D.C.

Pat Connolly, representing the Orange, Person, Chatham Mental Health Agency, thanked the Council for its $40,000 of funding support for purchase of a condominium unit at the Old Well complex. She stated that since making this arrangement was not possible, the $40,000 in funding had not been expended to date. Ms. Connolly said she was requesting $150,000 in Town funding this year to fund housing opportunities for very low-income persons with disabilities.

Larry Daquioag, representing the Chapel Hill-Carrboro Housing and Community Development Advisory Board, said that the Board was suggesting that modular buildings, similar to those used for temporary classrooms at schools, be used for community centers at public housing communities instead of housing units. He also stated that the Board respectfully requested that the Council direct Town staff to conduct a feasibility study on the use of Community Development funds for this purpose.

Gloria Williams, Executive Director of JOCCA, said she was requesting the Council’s financial assistance to continue and enhance JOCCA’s Senior Citizen’s Program at its facility on Caldwell Street Extension. Noting that federal funding for this program would be reduced by approximately $8,000 during 1997-98, Ms. Williams said it was vitally important that the Town continue to provide a portion of program funding.

Don Willhoit said that JOCCA had institutionalized a number of good programs for lower income persons in the community. Mr. Willhoit said it was very important for local governments to continue to show their support of JOCCA by supporting budget requests such as the one before the Council this evening.

Fred Battle said that the JOCCA program served many elderly residents of the Northside community. Mr. Battle noted that one of the persons who had benefited from JOCCA’s programs was the mother of late Council Member Barbara Booth-Powell. Mr. Battle requested that the Council continue its funding support of JOCCA’s Senior Citizen Program.

Steve England, representing the Black Public Works Association (BPWA), introduced Marion Lyde to make introductory comments regarding the BPWA’s Freedom Budget proposal.

Marion Lyde said that the six basic principles of the BPWA’s Freedom Budget were: living wage, equal treatment, equal advancement opportunities, workplace democracy, contracting out and community investment. After noting that about 92% of the BPWA’s membership made less than $30,000 per year, a salary insufficient to live within the Town, Mr. Lyde gave several examples of salary compression wherein employees in the same grade with only one or two years of experience with the Town made the same salary as employees having eight to twenty years of experience. Mr. Lyde also said that the average salary for black employees in the Public Works Department was $24,399, while the average salary for white employees was about $30,000.

Mr. Lyde said despite the fact that subpoverty pay grades ten and eleven had been eliminated by the Council, pay levels for black and white employees remained polarized, with the majority of black employees below a living wage. He expressed hope that the Council would be able to address some of the BPWA’s concerns within the Town’s budget process.

Lonnie DeGraffenreidt addressed the Council regarding workplace democracy concerns. Mr. DeGraffenreidt said that his colleagues in the BPWA were concerned that they were not being kept up to date on proposed changes in work rules. He also expressed concern that BPWA members did not have an opportunity for input on matters such as drug policies, the use of time clocks and other workplace matters. Mr. DeGraffenreidt said it was very important for employees to be given an opportunity to have input in workplace decisions and rulemaking. He also said it was important to have consistency in practices such as the use of time clocks for tracking overtime of supervisory and non-supervisory staff.

Monroe Bowden suggested that the Town establish a living wage, rather than basing salaries on a comparison with communities having lower costs of living than the Town.

Stating that Town residents received the best municipal services of any community in the area, Mr. Bowden said that employees should be compensated based on this higher level of service provision. Mr. Bowden said that the BPWA was proposing that all Town employees receive an increase of 3%, regardless of their salary. He also said that the BPWA proposed that all employees making less than $30,000 should receive an additional 2% increase and additional 3% for each year of service in order to address salary compression concerns.

George Parrish, a Town employee with twenty years of service, said that he needed to work two or three jobs in order to support his family of three. Noting that his car, a 1972 Ford Mercury, was about twenty-five years old, Mr. Parrish said he was unable to afford a new car and was unable to find some parts for his present car.

Maggie Burnett, Office Manager in the Public Works Department, said she was speaking on behalf of her fellow Town employees with five or more years of service. Ms. Burnett said she was very concerned that long-term Town employees were not rewarded in terms of pay or other benefits. She stated that the Town’s current pay scale was designed to attract new employees and reward employees in higher pay ranges. Ms. Burnett said it was good business practice and humanitarian to express appreciation for the service of longer-term employees through pay and benefits. She urged the Council to adopt a graduated leave plan in order to recognize Town employees having longer terms of service. Ms. Burnett also requested that the Council establish an affordable housing program to take into account the housing needs of the Town’s lower-paid employees. She urged the Council to seriously consider the BPWA’s Freedom Budget and to reward employees with long-term service to the Town.

Steve England said that the Black Public Works Association was proposing the establishment of an apprenticeship program for at-risk youth. Stating that many contract employees received wages which were lower than the Town’s lowest-paid workers, Mr. England urged the Council not to contract out any services. After presenting a brief history of the formation of the Black Public Works Association and its objectives, Mr. England requested that the Council seriously consider the BPWA’s proposed budget and its proposals to address wage and benefit concerns.

Jeremy Edwards, an employee in the Sanitation Division with six years of Town service, said he did not think it was fair that employees with less than one year of service to the Town were receiving salaries higher than his present salary. Stating that the Town’s benefits were very good, Mr. Edwards expressed concern that the Town’s existing salary structure was a disincentive to longer-term Town employees.

Mayor Waldorf expressed appreciation to speakers on behalf of the Black Public Works Association for their constructive approach and for their good work during snowstorms and the post Hurricane Fran recovery efforts.

Keith Edwards, President of the Northside Community Association, requested that the Association’s board members in attendance this evening stand to be recognized. Ms. Edwards said that the Northside Community Association was dedicated to preserving the historically African-American character of the Northside community and its surrounding areas. She also said that members of the association were working hard to preserve the availability of affordable housing in the Northside community. Ms. Edwards requested that the Council take steps to keep housing affordable in the Northside community, provide funding for the JOCCA senior citizen program in the Northside area and upgrade the salaries of lower-paid Town employees.

Karen Kincaid-Dunn, representing the Club Nova community, expressed her support for the $150,000 in funding requested by OPC Mental Health earlier in this evening’s meeting. Ms. Kincaid-Dunn said that the Club Nova program provided opportunities for individuals with serious mental illness to live meaningful lives of their choice in their community. Stating that many persons with serious mental illness lived on extremely limited incomes, Ms. Kincaid-Dunn said that this circumstance made it extremely difficult for individuals to find safe, decent and affordable housing.

Susan Levy, Executive Director of Orange County Habitat for Humanity, said she was requesting that the Council endorse the staff’s recommendation regarding the use of $60,000 in HOME funds. Ms. Levy stated that due to the generosity of a challenge grant provided by a local couple, Habitat had been able to build a total of eight homes in 1996, with seven more homes currently under construction. She requested the Council’s continued fiscal support of Habitat’s programs.

Bob Lockwood, Executive Director of the Orange County Chapter of the American Red Cross, noted that the Red Cross had moved into new and larger quarters with more parking spaces. Mr. Lockwood said that Red Cross staff and volunteers provided a variety of services including an HIV-AIDS Teen Hotline, CPR and first-aid training, baby-sitting, lifeguard and swimming training and a number of other programs. He also noted that between 40,000 and 50,000 persons had been served by Orange County Red Cross during 1996, with many of these people receiving assistance following Hurricane Fran. Mr. Lockwood also stated that other Red Cross chapters around the State had voted the Orange County Chapter as the lead chapter for the youth of the entire State of North Carolina. Mr. Lockwood asked that the Council fund $70,000 of the Red Cross’ $700,000 capital campaign for the purchase of a building on Ephesus Church Road.

Stating that the Orange County Red Cross had done a great job during post Hurricane Fran efforts, Mayor Waldorf inquired whether or not it was correct that local Red Cross chapters were required to raise a certain amount of money locally. Mr. Lockwood said this was correct.

Jemmie Smith thanked the OPC mental health staff for their assistance in finding her a better and warmer place to live which was more convenient for her to get around town.

Stating that the $50,000 budget for allocation for sidewalks was quite small in a Town the size of Chapel Hill, Pauly Dodd said that students walking to the new East Chapel Hill High School favored having a sidewalk constructed along the roadway to the Timberlyne Shopping Center. Ms. Dodd urged the Council to think of the safety needs of citizens in considering the Town’s sidewalk priorities.

Concurring with his wife’s observation that $50,000 of annual funding for sidewalks was insufficient to meet the Town’s sidewalk project needs, Mr. Dodd said that additional funds were needed to complete larger projects such as the Weaver Dairy Road and Piney Mountain Road sidewalk projects.

Chris Belcher, owner of CO Copies and Chair of the Downtown Commission, thanked the Council for its past support of the efforts of the Downtown Commission. He said the Commission’s Board of Directors was proposing that the Commission’s Director, Robert Humphreys, receive the same basic health, medical and retirement benefits as Town of Chapel Hill employees. He said the cost for this arrangement would be about $6,000 per year. Noting that the cost of renting the Downtown Commission’s offices in the relocated McDade House could possibly triple, Mr. Belcher said that the Commission was requesting additional funding of about $25,540. He stated that $9,000 of this funding could be covered by the special downtown service district tax, while the balance could come from either the hotel/motel tax or the Town’s General Fund. Mr. Belcher said he also had some remarks on the McDade house item. Mayor Waldorf requested that Mr. Belcher speak on this item when it was called on the agenda.

Edwin Caldwell thanked the Council for its support of the Hargraves Gymnasium project. Mr. Caldwell requested that the Council continue funding of JOCCAs’ senior citizens programs at the Hargraves Center. Mr. Caldwell also said that he vigorously supported the efforts of Ms. Keith Edwards and the Northside Neighborhood Association. He also asked that the Council allocate some of the $45,000 in funding for community revitalization for homes in the Northside community.

Joann Shirer, community organizer for the Public Housing Residents Council, said that the Residents Council was requesting continued operational funding from the Town for the next five years. Ms. Shirer said the Residents Council was also requesting the Town Council’s assistance with transportation of children between community centers and community sites. She also said that the Residents Council and Women’s Center had been awarded a five-year, $285,000 grant for adolescent pregnancy prevention which required a twenty percent local funding match.

Ted Vaden, President of the Chapel Hill-Carrboro YMCA Board of Directors, requested that the Council continue its $10,000 annual funding of the Y’s after-school daycare program at the Pine Knolls community center.

Council Member Franck inquired about the date of the Council’s work session on solid waste matters. Mayor Waldorf said this work session was slated for May 21^st. Council Member Franck said he thought it would be important to have sanitation staff other than the Solid Waste and Public Works Directors sit in at this work session. Council Member Franck inquired whether it was correct that all Town employees received the same number of vacation days, regardless of their length of Town service. Mr. Horton said this was correct. He noted that staff was in the process of preparing a graduated vacation system for the Council’s consideration.

Noting that the program was a good one, Council Member Andresen inquired whether the YMCA had looked into the possibility of the school system funding the after school daycare program. Mayor Waldorf noted that Community Development funds were used for this program.

Council Member Andresen said she was interested in receiving additional information about the possibility of establishing a revolving loan fund for communities such as the Northside neighborhood. She also requested comment from Town staff on the possibility of having a graduated leave schedule tied to length of service and the possibility of having a Town-sponsored program to assist at-risk youth.

Council Member Brown inquired how staff would address all of the issues raised by citizens and Council Members this evening. Mr. Horton said that staff would make its best effort to respond to all matters raised this evening.

Noting that she was delighted that staff responded to follow-up on all issues raised by speakers, Council Member Wiggins said she wanted to receive a report in the future about the extent to which employee were involved in decisions which affected them. Mr. Horton said he would be pleased to prepare such a report.

Council Member Wiggins said she thought it was very important that the staff consider ways to address salary compression concerns.

Council Member Capowski requested that staff provide the Council with a report on the extent of outsourcing by the Town. Council Member Capowski also requested that staff provide information about Orange County’s potential tax increase for its General Fund, the special school district tax and the equalization rate. Council Member Capowski also noted that in his proposed budget the Manager had estimated that $100,000 in revenue would be lost due to a recent decision regarding occupancy tax at the Carolina Inn. Mr. Horton said he hoped that the amount of this loss could possibly be reduced as a result of ongoing discussions with University staff. Council Member Capowski inquired whether or not it was correct that the Visitor’s Center would receive less funding under the Manager’s proposal as a result of this loss of funds. Mr. Horton said this was correct.

Council Member Capowski inquired what could be done to offset the projected loss of $200,000 in Powell Bill funding, used to maintain local streets. Mr. Horton said the only ways to help were to allocate more local funds or to obtain a more generous allocation of State funds for street maintenance.

Council Member Capowski inquired why the second year of capital funding for sidewalks appeared to contain no funding for sidewalks. Noting that the proposed capital program was currently being reviewed by the various advisory boards and commissions, Mr. Horton stated that the bond schedule was leveled out so that $4.5 million would be spent each year and the variation was related to this leveling out.

Council Member Evans said that the Good Works program referenced by Mr. Abernathy was an excellent program for training people to be independent business persons. Council Member Evans said she hoped that the Council would provide funding support for the program.

Council Member Wiggins said she thought it would be helpful for the Council and the staff to set out the Council’s broad statements and positions relative to the development of the budget. Noting that the document before the Council was the preliminary budget, Mr. Horton said he thought that the final budget document would be comprehensive and consistent with the principles adopted by the Council at its earlier planning sessions. Stating that a number of new positions and general budget increases were being requested, Council Member Wiggins expressed concern that some of the broad principles discussed by the Council did not seem to be operative. Mayor Waldorf suggested that the budget process was too preliminary for any items to be operative.

Noting that she was new to the Town’s budget process, Council Member Wiggins inquired when the guiding principles would actually starting guiding the process. Stating that Council Member Wiggins was making a good point, Mayor Waldorf asked Council Member Wiggins to provide an example of a guiding principle adopted by the Council. Council Member Wiggins said she thought that there was agreement to maintain present allocations to agencies. Mayor Waldorf said she thought that there was agreement on this principle. Mr. Horton said staff was preparing a resolution on this topic for the Council’s April 14^th meeting.

Mayor Waldorf said that the Council also needed to move toward decisions about staging of the bond issue and related debt matters. Mayor Waldorf requested that the staff prepare a report about the working conditions of the Town’s sanitation workers. She also requested that staff prepare a report on the possibility of having a small, simple, pedestrian-friendly park at fire station number three at the corner of Elliott Road and Franklin Street. Council Member Evans noted that this site had also been mentioned as the possible site of a sculpture. Council Member Pavao said the proposed parking would be a sitting park for passive recreation purposes.

Council Member Andresen said it would be helpful for the staff to prepare a brief overview of the Council’s actions having direct fiscal impacts since the last budget was adopted in June, 1996. She said that such a document would be helpful in understanding future budget-related implications.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

HUDSON-MCDADE HOUSE SPECIAL USE PERMIT

Persons wishing to testify in the matter were sworn.

Development Coordinator Jennie Bob Culpepper presented an overview of the special use permit application for the Hudson-McDade house. She stated that the Manager’s preliminary recommendation was the adoption of Resolution A. Noting that time was of the essence to save the Hudson-McDade house, Mr. Gurlitz thanked the Town staff and the Council for their efforts in moving the application expeditiously through the Town’s review process.

Tom Heffner also expressed his thanks to the Council and Town staff for their efforts in expediting the proposal before the Council this evening.

Noting the recommendation of Peter Batchelor that the Hudson-McDade house might better be located on Church, rather than Franklin Street, Mayor Waldorf asked whether or not Mr. Heffner had considered this possibility. Stating that they had taken this recommendation into account in their decisionmaking process, Mr. Heffner said it was felt that the proposed location on Franklin Street could serve as a bridge between the two ends of Franklin Street.

Mayor Waldorf inquired whether the Manager had any comments on the Town’s position as owner. Mr. Horton said he would bring an informational report to the Council about discussions with the applicant about a proposed lease agreement for the Hudson-McDade house. Mayor Waldorf inquired whether the lease agreement would establish potential use restrictions. Mr. Horton said this was correct.

Betsy Pringle said she strongly endorsed the proposed central house location on the West Franklin Street side of parking lot number five, which would give prominence to the Hudson-McDade house.

Planning Board Chair Mary Reeb said the Board recommended the adoption of Resolution A to the Council after extensive discussions about the Hudson-McDade house. She stated that the Board was concerned about future streetscape improvements along this part of Franklin Street and how rental parking spaces would be assigned to downtown businesses.

Eric Pfeffercorn thanked the Council for its efforts to look at the project and working to come up with something which would be in the balanced interest of the community.

Catherine Dickman said that the Chapel Hill Preservation Society supported the relocation of the Hudson-McDade house to the center of parking lot number five facing West Franklin Street. Ms. Dickman stated that the expense and effort to move the building did not warrant its placement on the back of the lot where it could easily be covered by development.

Pauline Grimson urged the Council to support Mr. Heffner’s plan for relocating the Hudson-McDade house. Ms. Grimson said this house location would provide an excellent opportunity for a creative architect to design an innovative and attractive plan on a scale in keeping with the Town’s villagelike atmosphere.

Downtown Commission president Chris Belcher said that the Commission wholeheartedly supported Mr. Heffner’s proposal to relocate the house to the middle of the front portion of parking lot number five.

Stan Lisle, representing Cousins Properties, said he was quite certain that the proposed placement of the Hudson-McDade house in the middle of the block would be viewed as a problem in terms of design and layout, and that the Council consider placement to maximize the ability to develop the balance of the lot.

Council Member Franck inquired whether or not it was correct that the special use permit application covered the entire parking lot site. Mr. Horton said of necessity it did.

Council Member Franck inquired whether the proposed courtyard would be composed of grass or brick. Mr. Gurlitz said that as a result of the design charrette, a paved surface was proposed for the courtyard, with grass and a pathway leading up to the Hudson-McDade house. Council Member Franck inquired about the feasibility of having some greenspace and public meeting space, while keeping costs down and maintaining the house’s historical perspective. Mr. Gurlitz said that he would work hard to meet all of these goals.

Thanking Mr. Gurlitz and other local design professionals for their assistance with the recent design charette workshop, Council Member Capowski inquired whether or not a visitor’s center was planned for the Hudson-McDade house. Mr. Gurlitz said that such use was anticipated.

Council Member Capowski inquired about the possibility of dedicating a few visitor parking spaces close to the Hudson-McDade house. Mr. Horton said this might be quite expensive. Mr. Horton said staff could work with Mr. Heffner to further explore this possibility.

Council Member Capowski said he would be very interested in knowing the Town’s portion of the total estimated project cost. Mr. Horton said his objective was for the project to have no costs to the Town.

Council Member Evans said it would be helpful to know who would bear the cost of streetscape improvements. She also inquired whether or not streetscape improvements would also be required along Church Street and Rosemary Street, contiguous to parking lot number five. Council Member Evans also expressed concern about the potential loss of revenue from reserving space of the parking lot to accommodate the Hudson-McDade house. She also suggested the possibility that the Town could approach the Department of Transportation about having some fifteen minute visitor parking spots on Franklin Street in front of parking lot number five.

Mr. Horton said that staff would do their best to respond to all of the issues raised this evening.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE HEARING AND REFER COMMENTS TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

PROPOSED METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM

Senior Transpiration Planner David Bonk presented a brief overview of the transportation improvement program process. He noted that the current year planning process would be originated with the metropolitan planning organization, rather than the State Department of Transportation. Mr. Bonk said that the top four projects on the Town’s priority list were bus transit improvements and funding for South Columbia Street, Estes Drive Extension and Weaver Dairy Road. He noted that there are a number of other projects which were slated to receive some funding, either as part of the transportation improvement program or from the State’s Direct Allocation Program. Mr. Bonk noted that the Transportation Advisory Committee would receive public comment on the draft transportation improvements program through April 25^th, and that efforts to begin a joint statewide transportation improvements program would begin in May.

Council Member Franck inquired who might use the proposed crosswalk at Estes Drive up to the public library. Council Member Andresen said that residents of Hidden Hills, Burlage Circle and other nearby streets and neighborhoods might choose to use this crosswalk. Mr. Bonk said he believed that the project was placed on the list in response to requests from residents of these neighborhoods.

Council Member Franck said he was pleased to see that bicycle lanes on Pope Road and Ephesus Church Road had moved up to number nine on the project priority list. Council Member Franck said he favored moving priority #23, the Bolin Creek/Little Creek greenway project further up the list.

Council Member Evans inquired whether or not the total estimated cost for the South Columbia Street roadway project was $1.8 million. Mr. Bonk said that the cost estimate developed several years ago was $3.4 million. Mr. Bonk stated that this figure might need to be adjusted upward in the future. Council Member Brown asked whether this cost estimate was for bikeways, sidewalks and turn lanes. Mr. Bonk said this was correct.

Referencing bonds approved by voters in November, 1996, Council Member Capowski inquired how much money was authorized for streets and sidewalks. Mr. Horton said although funding had been approved for sidewalks, bikeways, curb and gutter and greenways, no funding was approved for streets. Council Member Capowski inquired whether there was any relation between the voter-approved bonds and the list on page three of the staff’s memorandum. Mr. Horton said there was no essentially no relationship, except as the Council might choose to make one.

Council Member Capowski asked whether or not the Council would be having a discussion about funding of individual projects. Stating that she hoped that the Council would have such discussions in the future, Mayor Waldorf said the Council needed to decide which, if any, bonds would be issued this year and for what types of projects.

Noting that more and more vehicles would likely use NC 54 in the future, Council Member Andresen said she hoped that sometime in the future the Department of Transportation would agree at some point to having a raised brick crosswalk across NC

54.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL’S PROPOSED WORK PLAN

Council Member Brown said she had one proposed change and one proposed addition to the Council’s work plan. Council Member Brown said it was her recollection that the Council had referred the matter of a transportation overlay zone and other options to the Transportation Board for their recommendations. Council Member Evans inquired what Council Member Brown meant by the term “other options”. Mayor Waldorf suggested that the minutes of the Council’s work session could be forwarded to the Transportation Board. Council Member Brown concurred with this suggestion.

Council Member Brown said she would like to add traffic calming to the status of the January, 1995 staff report on the pedestrian plan and bikeways. There were no objections from Council Members to doing so.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO APPROVE RESOLUTION 1, THE COUNCIL’S WORK PLAN, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A WORK PLAN FOR 1997-98 BASED ON THE COUNCIL’S DISCUSSIONS ON JANUARY 18 AND MARCH 14, 1997(97-4-7/R-1)

BE IT RESOLVED by the Chapel Hill Town Council that the Council adopts the following work plan.

1997-98 work plan

	Item	Schedule	Notes
Budget process and related items
1	Schedule part of a budget work session for discussion of the Landfill Owners’ Group’s report on recycling and on the overall solid waste budget	May 21 work session
2	Schedule half of a budget work session to discuss the Community Oriented Policing program.	May 21 work session
3	Hold a public forum on January 29 re bond sale options.	(done)
4	Make a decision on budgeting for debt service on first $4.5 million of $13.5 million in bonds authorized by voters in 11/96	Proposals regarding this item were submitted for consideration on March 19^th.
5	Prepare resolution of intent not to increase funding for outside agencies in 1997-98	April 14^th
6	Plan meetings of the Council with advisory boards and commissions.	Include the work session with boards on May 5 per the Council’s adopted budget calendar
7	Ask Orange County to fund a gymnasium at the Southern Village School	Based on discussion on March 14, Council Member Pavão has communicated the Council’s request
8	Manager will provide a report explaining the components of the preliminary projection of the net service costs that would not be funded at the estimated equalization tax rate for 1997-98	(done) discussed on January 29 and in March 19 preliminary budget report on March 19^th

	Item	Schedule	Notes
9	Prepare budget issue papers	(please see list of reports below)
Development-related items
10	Transportation overlay zone	Referred to Transportation Board to make recommendation by May 12^th regarding process and timetable for the Board to give advice on this item.
11	Payments in lieu of recreation area	Referred to Parks and Recreation Commission for recommendations in the fourth quarter of 1996-97.
12	Mixed use zoning	Referred to Planning Board for preliminary report by May 12 including proposed schedule for considering this item
13	Review of definitions in the Development Ordinance	Referred to Planning Board for preliminary report by May 12 including proposed schedule for considering this item
14	Location of future schools	(under consideration by the Orange County School and Land Use Council)
15	Council’s parking committee (Mayor Waldorf and Council Members Capowski and Evans) will make a report to the Council.	Date of report to be determined by the Committee
16	Schedule time on a future Council agenda for discussion of buffers and open space in large special use projects	initial staff report on March 24

	Item	Schedule	Notes
17	Mayor pro tem Brown and Council Member Andresen will make a proposal regarding Resource Conservation District regulations	Referred on March 3 to boards for comments to be considered by the Council on April 28
18	Schedule a meeting with the Planning Board	done on March 4^th
19	The Manager will inform the Council of discretionary decision items in development-related applications	to be addressed in all future staff reports on development applications
Other
20	Council Members Andresen and Pavão will propose a form and process for evaluating the Town Manager and Attorney	Initial proposal to be further developed as discussed on March 14^th
21	Meet with the Chatham County Board of Commissioners	held on March 13; next meeting planned for May 6^th
22	Reconstitute the Noise Committee	Mayor pro tem will make a proposal
23	Distribute material regarding solid waste management	done in week of March 17
24	Meeting with NC Department of Transportation representatives and legislators to be arranged regarding maintenance of State roads	(pending)
25	Prepare a resolution to sell Town land on Laurel Hill Road	April 28^th
26	Place the Procedures Manual on the Council’s agenda for March 24^th	submitted for March 24^th
27	Prepare a revised work plan for the March 24^th agenda	submitted for March 24^th
	BUDGET ISSUE PAPERS
a	Review parking penalties including comparison to UNC parking penalties	April 30 budget work session

	Item	Schedule	Notes
b	Revise and distribute past analyses of refuse collection options	April 30 budget work session	address options of ‘pay as you throw,’ once per week backyard collection, curbside collection, no change in current service
c	Report on status of work as of January, 1995, regarding pedestrian plan, bikeways and traffic calming	April 30 budget work session
d	Planning Department staffing needs	April 30 budget work session
e	Status report on using communications technology	April 30 budget work session	address public communication, Council resources, paper reduction; report on overall technology plan
f	Employee compensation including incentive program	April 30 budget work session
g	Living wage ordinance and fiscal impact	May 21 budget work session
h	Project to improve community appearance	May 21 budget work session	Process for considering this item will include the Appearance Commission

This the 7th day of April, 1997.

REFERRAL OF THE TRANSPORTATION MANAGEMENT PLAN TO THE TRANSPORTATION BOARD

Council Member Brown said it would be desirable to require an employee response rate of 75% or 100% to transportation management surveys, rather than the current standard of 50%. Mr. Horton said the staff’s recommendation was based on the belief that employers could not compel employees to participate in this type of survey. Noting that the Transportation Board would likely concur with Council Member Brown’s observation, Council Member Franck said the Council could possibly beef up requirements in the transportation management guidelines. Council Member Brown said she would like to suggest increasing the standard to at least 75%. Council Member Franck expressed his agreement with this proposal.

Council Member Brown inquired what legal enforcement powers, if any, the Town had to improve the rate of employer participation in implementing transportation management plans. Mr. Horton said he did not believe that there was a great deal of law which would assist the Town in forcing participation and enforcing compliance with these rules. Mr. Karpinos said if the requirement were a stipulation of a special use permit, then it was enforceable like any other provision of the special use permit, including provision of a notice of violation and other legal proceedings to compel compliance. Council Member Franck noted that he had recently suggested the possibility of the Council requesting legislation regarding additional specific authority from the General Assembly to enforce provisions of transportation management plans for new and existing developments. Mr. Horton said although the Development Ordinance could be used to require people to make good faith efforts, the Town could not force them to hit specific targets.

Stating that even successful transportation management programs did not penalize employers who did not meet goals in terms of the number of employees using alternate means of transportation, Council Member Franck stated that procedures to require employers to make efforts were strongly enforced.

Stating that it was difficult to enforce compliance with the Town’s transportation management standards, Council Member Andresen inquired why the Town should continue to require transportation management plans. She suggested that one alternative which the Council might wish to consider was to revert to the Town’s former requirement that developers provide parking spaces for their proposed developments.

Council Member Evans said that one of her concerns was about attempting to keep up with the increasing number of annual submittals of transportation management plans. She expressed agreement with Council Member Andresen’s concern about whether or not it was worthwhile to require developers to provide annual transportation management plan reports.

Mayor Waldorf inquired whether or not there was ever any meaningful conversation between Town staff members and area employers about the implementation of transportation management plans. Mr. Horton said that there were usually good exchanges between Town staff and employers. He added that although the program was in its infancy, he believed that as the program became better accepted in the community, it would show greater benefits.

Council Member Capowski said he wanted the Transportation Board’s best advice on why the transportation management plan was in place if it had no regulatory teeth. Council Member Capowski also inquired whether or not it was correct that the transportation management plan requirement only applied to new developments. Mr. Horton said this was correct. Council Member Franck noted that the matter of downtown parking issues was being examined by a committee composed of Mayor Waldorf and Council Members Brown and Capowski. Council Member Franck stated that the addition of a zoning enforcement officer would make it even easier to enforce the Town’s transportation management plan regulations. He also said that as more employers joined the transportation management program, it would be easier to maintain compliance because it would be possible to put more resources into the program. Council Member Franck reiterated his suggestion that the Council seek special legislation through the General Assembly to strengthen the Town’s transportation management plan guidelines.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING DRAFT TRANSPORTATION MANAGEMENT GUIDELINES TO THE TRANSPORTATION BOARD (97-4-7/R-2)

WHEREAS, the Town Council is considering suggested guidelines for Transportation Management Plan revisions;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill refers the draft guidelines and resolution contained in the Manager’s Memorandum of March 24, 1997 to the Transportation Board for comments and recommendations.

This the 7th day of April, 1997.

OPEN SPACE DEFINITION AND BUFFER SPACE REQUIREMENTS

Council Member Evans said she was suggesting that a number of words related to open space and buffer space needed to be better defined in the Development Ordinance. Mayor Waldorf inquired whether the effort was to make the Development Ordinance more user friendly. Council Member Evans said this was dependent upon whether the Planning Board sent the proposed definitions back to the Council and whether the Council chose to act on the matter.

Council Member Andresen said what was needed was livability or green space, rather than open space, which could include paved surfaces and parking lots. She suggested that the Council revisit its ordinances regarding livability space requirements.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, REFER TO THE PLANNING BOARD THE QUESTION OF WHETHER THRESHOLDS FOR LIVABILITY SPACE IN VARIOUS ZONING CATEGORIES WERE APPROPRIATE OR SHOULD BE INCREASED, AND REQUEST THAT THE PLANNING BOARD MAKE RECOMMENDATIONS TO THE COUNCIL ON THIS MATTER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

PROPOSED CHANGES TO DEVELOPMENT REVIEW PROCESS

Appearance Commission Chairperson Dianne Bachman said that members of the Design Review Board, Appearance Commission and Steve Manton and Ruby Sinreich of the Transportation Board had met on three occasions to discuss the latest proposals regarding the development review process. Ms. Bachman said that the Planning Board had also forwarded its recommendations to the Council regarding possible changes in the review process. Noting that the terms of all Appearance Commission members would expire by June 30, 1997 and the terms of the last Design Review Board members had officially expired on June 30, 1996, Ms. Bachman said that the Appearance Commission and Design Review Board had drafted a charge for the design/development ordinance for the Council’s consideration. Ms. Bachman said that the proposed new combined commission felt that mandatory site analysis review was critical early in the review process. She also stated that the Design Review Board and Appearance Commission were proposing a combined new group called the Design Review Commission be created and appointed by the Council. Ms. Bachman said that a number of key members of the Design Review Board and Appearance Commission would be interested in applying for the proposed new board. She stated that the Design Review Board and Appearance Commission felt it was important that some existing members be appointed to the proposed new commission, perhaps consisting of ten, thirteen or fifteen members.

Noting that she liked the Appearance Commission and Design Review Board’s proposal for a new combined commission , Mayor Waldorf inquired whether or not it would be possible for the Council to appoint members who had served two consecutive terms of service on the Appearance Commission or Design Review Board to the proposed new commission. Mr. Horton said he believed that the Council could do so.

COUNCIL MEMBER FRANCK MOVED THAT THE PROPOSED CHANGES TO THE DEVELOPMENT REVIEW PROCESS BE REFERRED TO THE MANAGER WITH INSTRUCTIONS TO SCHEDULE A PUBLIC HEARING ON THE PROPOSAL.

Mayor Waldorf inquired whether or not it was correct that the Council had already had a hearing on this proposal. Mr. Horton said he did not think that the Council had had a hearing on this proposal.

THE MOTION WAS SECONDED BY COUNCIL MEMBER EVANS.

Mayor Waldorf said if the Council were not really interested in the proposal, she did not think that it would be worthwhile to hold a public hearing on the matter.

Council Member Andresen said she favored having a board which would have a majority of citizens, rather than design professionals. Council Member Andresen also said that design professionals were in a difficult position of serving on a board where they were basically approving or disapproving or giving advice to applicants with whom they were working with on other development projects. Ms. Bachman said that the AC/DRB was sensitive to this concern and had specifically noted under qualifications that “one needs to demonstrate special training, experience or interest.”

Council Member Andresen said although she thought that the parts of the proposal regarding concept plans and site analysis were good, she asked how these would fit into the overall scheme of things. She requested that the Manager report back to the Council on the cost of the proposal being suggested by the Appearance Commission and Design Review Board. Ms. Bachman said that the Appearance Commission/Design Review Board was proposing that the Council possibly give greater administrative authority to Town staff for some of the more routine aspects of development proposals, rather than requiring staff to write up their comments and bring them to the AC/DRB for review and approval.

Council Member Capowski inquired about the nature of the Design Review Board’s current responsibilities. Ms. Bachman said that the Board reviewed initial concepts, including matters related to drainage, transportation impacts, easements and roadways.

Council Member Capowski asked whether or not this was only done for applicants who voluntarily submitted to the design review process. Noting that the AC/DRB were holding joint meetings, Ms. Bachman said that the same issues were addressed whether a voluntary or mandatory review was involved.

Council Member Brown requested staff comment on how the new recommendation would impact recently enacted changes to the staff’s process for handling site analyses. Mr. Horton said that staff would be pleased to bring back comments on this matter.

Council Member Brown also said she thought it was important that the Council keep in mind the number of comments from citizens throughout the long process to date that the current review process was not bad as far as the review process was concerned. Mayor Waldorf said she was sure that the Council would keep this in mind. Mayor Waldorf also said she believed that the proposal was merely a proposal to have a combination of the traditional role of the Design Review Board along with the traditional role of the Appearance Commission, with no final approval authority being given to any body other than the Town Council.

Mayor Waldorf suggested that the Council vote on the proposed motion.

Council Member Evans requested that the Town Attorney provide a report on whether or not the proposed joint board/commission could do all of the things currently legally required of the Appearance Commission.

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

Ms. Bachman inquired about the possibility of having a public hearing on the proposed changes prior to June. Noting that the Council was scheduled to make appointments to the Design Review Board and Appearance Commission during May, Council Member Franck said this would not be possible.

COUNCIL PROCEDURES MANUAL

Council Member Franck noted that Council Member Chilton and he had recently met to discuss the draft Procedures Manual prepared by Mayor pro tem Brown and former Council Member Joe Herzenberg. He noted that the Procedures Manual had been modified by the Attorney to reflect changes in the State law, especially the open meetings law. Council Member Franck also stated that Council Member Chilton and he had added editorial comments from Council Members, as well as items which reflected current Council practice or were non-controversial in nature. He also said that there were about a dozen other “controversial” or other items which fell outside of these categories.

Council Member Franck said that Council Member Chilton and he were proposing that the items in the latter category receiving at least five votes could be brought up for future discussion.

Referencing the first paragraph on page 21 of the Manual, Council Member Franck suggested that the word “abstaining” be changed to “excused from voting”. Noting recent Council action at a planning session, Council Member Franck suggested that the following language be added to the bottom of the first paragraph on page 24: “A summary of Council actions will be prepared as soon as possible following each Council meeting”.

Referencing the section on page 25 regarding Triangle J Council of Governments, Council Member Franck said it was suggested that the clause “that pay annual dues” be added to this section. Council Member Franck also referenced suggested changes on pages 30, 33 and 34, respectively regarding the Greenways Commission, Library Board of Trustees and Parks and Recreation Commission. He also noted several other minor changes proposed on pages 36, 44, 52 and 53 of the Procedures Manual.

Noting that most of the changes enumerated by Council Member Franck were suggested by Council Member Evans, Council Member Chilton said Council Member Evans had noted that the correct maximum figure for leaves of absence for board and commission members was five, rather than four, months.

Noting that the Procedures Manual did not have a specific policy regarding the removal of advisory board members, Council Member Franck noted that he had added this to the list of items which the Council could discuss in the future. Council Member Chilton noted that language on page 46 of the Procedures Manual alluded to the fact that the Council could remove an advisory board member at any time. Mr. Karpinos noted that at present any such removal procedure would need to take place in an open session of the Council.

Mr. Karpinos suggested minor text revisions on pages 6, 19 and 20. Referencing item number 4 on page 53, Mr. Karpinos said the title should read “Town Manager and Town Attorney Evaluation Form”.

Council Member Andresen said she had problems with language which proposed that petitions be limited to three minutes per subject. Mayor Waldorf said the three minute limitation was per petition, rather than per subject.

Noting that the Procedures Manual had formerly referred to a limitation of two minutes per speaker, Council Member Chilton suggested that the Council could discuss reinstituting this two minute per speaker limit. Mayor Waldorf inquired about the possibility of making the limitation three minutes per speaker. Council Member Chilton suggested that this item could be placed on a list of items for future discussion by the Council.

Referencing the section on page 53 regarding the Manager’s evaluation process, Council Member Andresen suggested that the Manager and Council agree on proposed objectives for next fiscal year as part of the overall evaluation process. Council Member Franck said after a new evaluation form was agreed on and used, the Council could adopt any changes to the process at some time in the future. Council Member Pavao said that the existing language gave the Council sufficient flexibility in this regard. Noting that some sections of the manual might need to be rewritten, Council Member Chilton said he did not think that this evening was a good time to attempt to rewrite sections of the manual.

Mayor Waldorf inquired whether or not the potential redefinition regarding removal of the Mayor’s right to appoint a committee was on the list of questionable items for Council discussion. Council Member Franck said this could be added to the list of items for discussion. Mayor Waldorf said she had some concern about the word “Mayor” being consistently struck through on page 25 and other places in the Procedures Manual. Stating that there was a Mayor/Council form of government, Council Member Pavao inquired why the term “Mayor” had been randomly struck through throughout the entire document. Saying that the Town had a Council/Manager form of government, Council Member Franck said the change was strictly semantic since the term “Council” referred to the Mayor and Council.

Council Member Pavao said it appeared that an effort was being made to deteriorate the Office of the Mayor in the way that “Mayor” was struck out throughout the document. Council Member Franck said this was not the intent of Council Member Chilton and himself. Stating that he was not saying that there was deliberate intent in the matter, Council Member Pavao said since the word “Mayor” was consistently struck out throughout the document, the Council might wish to change the charter to eliminate the position of Mayor. Council Member Chilton said under the terms of the Town Charter, the Mayor was a member of the Town Council. He also said that there were a number of places in the Procedures Manual which referred to “Mayor and/or Council”. Council Member Pavao said he did not think that the Council could arbitrarily go through the Procedures Manual and cut the Mayor out of any authority which the Town charter implied the Mayor having. Council Member Chilton said nothing had been changed in the Procedures Manual which was inconsistent with the Town’s Charter.

Council Member Franck said he was proposing the adoption of non-controversial changes so that staff could begin the preparation of an adopted, revised Procedures Manual.

Council Member Chilton asked what the motion reflected with respect to changes on page 25 regarding the Mayor’s ability to appoint a citizen task force. He inquired whether it was correct that this would be left out as a “controversial” item. Council Member Franck said this was correct.

Council Member Capowski inquired whether or not there would be a discussion of substance of whether to keep or delete Mayor’s committees. Noting that no change in the current practice of having Mayor’s committees was proposed, Council Member Chilton said this item could be added to the list of discussion items if the Council wished to do so. Council Member Evans suggested that the Council also add the manner in which boards and commissions were interviewed to the list of items for future discussion.

Mayor Waldorf noted that the existing language at the bottom of page 42 provided a straightforward description of the present way in which board and commission candidates were interviewed.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, THAT THE PROPOSED CHANGES AND CORRECTIONS BE MADE TO THE COUNCIL’S PROCEDURES MANUAL.

Council Member Evans inquired where the Council stood on the matter of references to Mayor and Council in the Procedures Manual. Council Member Franck said that references to “Mayor” would be changed to “Council”. Council Member Evans said she could not support such a change. Council Member Franck said he thought that this reflected the law and the Town’s Charter.

Council Member Evans said she thought that the proposal was to approve all non-controversial items and take out the controversial items for later discussion. Council Member Chilton said he did not think that it made much difference whether the term “Mayor” or “Council” were used. Noting that she thought that some of the proposed changes were very good, Council Member Evans said she would hate having to vote against the entire thing because she did not agree with the use of the term “Council” instead of “Mayor” in the Procedures Manual. Council Member Evans suggested that the matter be put on the list of controversial matters for future discussion.

COUNCIL MEMBER FRANCK MOVED THE PREVIOUS QUESTION.

Council Member Pavao requested a clarification of where things stood.

Council Member Andresen inquired what was proposed relative to controversial items.

Council Member Franck said the Council could discuss a process for handling controversial items later in the meeting. Noting that the previous question had been moved, Council Member Capowski said a 5-4 vote was needed to have a vote on this issue. Noting that he had not heard a second, Council Member Franck said that actually a 6 to 3 vote was needed.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO MOVE THE PREVIOUS QUESTION THAT THE COUNCIL END ITS DEBATE. THE MOTION TO CLOSE THE DEBATE PASSED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS EVANS, PAVAO AND WIGGINS VOTING NO.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO APPROVE THE PROPOSED CHANGES IN THE PROCEDURES MANUAL PLUS THUS CORRECTIONS SUGGESTED THIS EVENING. THE MOTION PASSED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS EVANS, PAVAO AND WIGGINS VOTING NO.

Council Member Andresen inquired about the next steps relative to the Procedures Manual. Council Member Franck said that Council Member Chilton and himself had prepared a list of “controversial” items or items which would require further discussion by the Council. He said it was being suggested that any item which received five or more votes could be discussed and changed if the Council desired. Noting that the Council had not agreed to a specific process for proceeding, Council Member Franck said he had a list of possible discussion/controversial items on which Council Members could vote.

Noting that it had been seven or eight years since the Council’s Procedures Manual had least been revised, Council Member Brown suggested that there be an opportunity for all items to be discussed, rather than the Council using a ballot to decide which ones should be discussed. Mayor Waldorf suggested that the Council vote on whether or not to use a ballot. Council Member Capowski said although he had written a memorandum to Council Members Chilton and Franck about a number of areas, three of these items were not included on the proposed voting ballot. Council Member Chilton said he believed that there was existing language in the Procedures Manual regarding Council Member Capowski’s first item. Council Member Capowski said there was no language in the manual about new items being placed on the agenda when fewer than nine Council Members were in attendance. Council Member Franck said such a provision would be unnecessarily restrictive in emergency situations when a Council Member had a long-term illness or was in a similar situation.

Council Member Capowski requested that this item be included on the proposed voting ballot.

Council Member Brown said she hoped that the Council would be open to discuss all of the matters listed on the ballot, rather than voting on which ones to discuss.

COUNCIL MEMBER BROWN MOVED TO DECIDE WHETHER OR NOT THE COUNCIL SHOULD VOTE VIA BALLOT ABOUT POSSIBLE REVISIONS TO THE COUNCIL’S PROCEDURES MANUAL.

Noting that he was going to vote for having a ballot, Council Member Chilton said he was saying that if there were no genuine interest from a majority of the Council to at least discuss an issue, the Council should not have to discuss the individual matter.

Mayor Waldorf inquired whether or not there was a second to Council Member Brown’s motion.

COUNCIL MEMBER CHILTON SECONDED THE MOTION.

Council Member Pavao inquired whether concerns such as Council Member Capowski’s would be included on the proposed ballot. Council Member Chilton said all such matters would be included on the proposed ballot. Council Member Franck noted that Council Members could submit their ballots during the next few days, if the Council decide to use ballots.

Council Member Wiggins asked what would happen if the Council voted not to have a ballot. Mayor Waldorf suggested that all of the matters could be scheduled for discussion over a period of time. Council Member Chilton said the Council could think of another way to deal with this matter, if it arose.

MAYOR WALDORF SAID IT APPEARED THAT THE MOTION TO HAVE A BALLOT CARRIED BY A VOTE OF 5-4.

Suggesting that the Council discuss the matters at a future Council meeting, Council Member Chilton suggested that revised ballots could be issued within the next few days, after Council Members had an opportunity to submit possible additional items for discussion. Council Member Franck requested that Council Members submit their suggestions for additional items by Friday, April 11^th.

Council Member Pavao said if an item received five votes or more, it would be discussed and items receiving fewer than five votes would not be discussed. Council Member Chilton said this was correct.

Council Member Wiggins inquired whether or not the Council had handled the matter of “Mayor and Council” versus “Council” wording this evening. Council Member Chilton said that applicable rewording would need to be made in the Procedures Manual.

SCHEDULING OF ASSEMBLY OF GOVERNMENTS MEETING

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 3, CONCURRING WITH THE SCHEDULING OF AN ASSEMBLY OF GOVERNMENTS MEETING ON APRIL 17^TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CONCURRING WITH ORANGE COUNTY’S PROPOSAL TO SCHEDULE AN ASSEMBLY OF GOVERNMENTS MEETING ON APRIL 17, 1997 (97-4-7/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs with Orange County’s proposal to hold a meeting of the Orange County Assembly of Governments on April 17, 1997, at the Orange Water and Sewer Authority’s Community Meeting Room at 400 Jones Ferry Road, Carrboro.

BE IT FURTHER RESOLVED that the time for the meeting shall be 5:30 p.m. or such other time as may be determined by consultation among the Chair of the Board of Commissioners and the Mayors of the Towns of Carrboro, Hillsborough and Chapel Hill.

BE IT FURTHER RESOLVED that the agenda shall be determined by consultation among the Chair of the Board of Commissioners and the Mayors of the Towns of Carrboro, Hillsborough and Chapel Hill.

This the 7th day of April, 1997.

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

Council Member Andresen stated that she would bring back the item on public participation at a future Council meeting. Mayor Waldorf noted that there was Council concurrence on this matter.

The meeting concluded at 10:53 p.m.