SUMMARY OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL, MONDAY, JUNE 23, 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 Pavão and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Parks and Recreation Director Mike Loveman, Finance Director James Baker, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Ceremonies

Betty Caldwell, representing the Chapel Hill Chapter of Sister Cities International, presented a teapot to the Town Council from the Town’s sister city of Saratov, Russia. Mayor Waldorf and the Town Council thanked Ms. Caldwell and the other members of Sister Cities International for the teapot and their many hours of volunteer efforts.

Mayor Waldorf presented Dr. Gorman Gilbert with a resolution of appreciation for his transportation-related and other efforts on behalf of Town residents, including the installation of major traffic signals and improvements to roadways, sidewalks and bikeways in the Town.

There were no public hearings.

Item 3 Petitions

Former Alderman R.D. Smith urged the Council not to approve the use of Hargraves Center as a site for a proposed charter school. Stating that the Hargraves Center was not constructed for use as a school, Mr. Smith said that it would not be a good site for the proposed charter school.

Priscilla Murphy played an audio recording of a jet going over her home at about 5:30 a.m. in the morning. Ms. Murphy expressed concern about the growing number of flights in and out of Horace Williams Airport. Noting that large airports such as O’Hare and National Airport had 11:00 p.m. curfews, Ms. Murphy requested that Town residents be accorded similar courtesy relative to hours of operation of the airport facility.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO REFER MS. MURPHY’S PETITION TO THE AIRPORT COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

June Brown petitioned the Council to construct a sidewalk on the east side of Airport Road between the Church of the Latter Day Saints and the Airport Road Mini-Mart. Ms. Brown said that the sidewalk would enhance the safety of pedestrians, bicyclists and others in the area.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER MS. BROWN’S PETITION TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Dr. Anne-Marie Witkege, 310 McMasters Street, said that although her home had been assessed at $250,000, the uncompleted house next to hers had become a gathering place for vagrants and drug dealers. Dr. Witkege requested the Council’s assistance in resolving this matter as soon as possible.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO REFER DR. WITKEGE’S PETITION TO THE TOWN MANAGER.

Matt Hoffman, a resident of the Oaks Condominiums, said that his daily commute to the Research Triangle Park was taking longer and longer due to increased traffic volumes. Expressing concern about the impact of growth along the NC 54 corridor, Mr. Hoffman urged the Council to undertake a traffic study of this corridor as soon as possible.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER MR. HOFFMAN’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Transportation Board Chair Steve Manton requested that the Council make appointments to the Transportation Board as soon as possible.

Stating that people would be in and out of the Hargraves Center all day long, Edwin Caldwell, Jr. expressed concern about the safety of children in the proposed charter school. He also stated that the Golden Age Happy Circle was also counting on the continued availability of the Hargraves Center for its activities. Noting that the Hargraves Center was not conducive to a charter school, Mr. Caldwell said he did not oppose the idea of a charter school in concept.

Hank Anderson, representing the charter school group, said the mission of charter schools was to teach with understanding, in the hope of giving better opportunities to at-risk youth.

Noting that Town staff had not performed any such studies, Council Member Andresen requested a traffic study of neighborhood roads, targeting those roads which would be most impacted by the proposed Meadowmont development. Council Member Pavão said he had a similar resolution for consideration by the Council at their July 2^nd meeting.

Consent Agenda

Mayor Waldorf requested removal of item J for discussion.

Council Member Andresen requested the removal of items C and M. She also requested a correction in the minutes of May 12^th, regarding the siting of the Kenan-Flagler Business Center.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS C, M AND J, AND INCLUDING THE CORRECTIONS TO THE MINUTES OF MAY 12^th. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-6-23/R-1)

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

a. Minutes of March 24, April 14, May 19, 20 and 21.

b. Authorization to apply for Library grant (R-2).

c. Year-end budget amendment (O-1).

d. Ransom/McCauley Street, Battle/Hooper Lane, Roosevelt/Howell stop signs (O-2) and parking restriction on part of Battle Lane (O-3).

e. Awarding contract for phase 2 of the Bolin Creek greenway trail (R-3a, b and c); related budget change (O-4a and b). Manager recommends adoption of R-3a and b and O-4a and b.

f. Cedar Falls park parking restrictions (O-5).

g. Temporary greenway trails in Southern Community Park (R-4).

h. Bicycle planning task force (R-5).

i. Household hazardous waste contract with Triangle J Council of Governments (R-6).

j. Lease of part of the Hargraves Center for a Charter School (R-7).

k. Downtown Streetscape improvements (R-8).

l. Changes to the guidelines for Transportation Management Plans (R-9).

m. Calling a closed session on June 27th and 30th (R-10). Mayor Waldorf.

This the 23rd day of June, 1997.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SUBMIT TWO LIBRARY SERVICE AND CONSTRUCTION ACT (LSCA) GRANT APPLICATIONS FOR LIBRARY MATERIALS AND FOR EQUIPMENT AND TO CONTRACT FOR SERVICES IF GRANTS ARE AWARDED (97-6-23/R-2)

WHEREAS, previous Town budgets have used revenue from Library Service and Construction Act grants to purchase children’s books and materials; and

WHEREAS, award of an LSCA grant could provide 80% of the Town's anticipated cost for books and a telephone notification equipment; and

WHEREAS, library gift funds are sufficient to meet the 20% match of both grants if approved by the State Library,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager be authorized to submit Library Service and Construction Act grants for books and for a telephone notification system.

BE IT FURTHER RESOLVED that the Town Council authorizes the Manager to contract for services if grants are awarded.

This the 23^rd day of June, 1997.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(97-6-23/O-2)

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

SECTION I

That Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations” is amended by inserting the following therein appropriate alphabetical order:

Intersection

McCauley Street/Ransom Street

Battle Lane/Hooper Lane

Roosevelt Drive/Howell Lane

SECTION II

This ordinance shall become effective August 1, 1997.

SECTION III

All ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 23^rd day of July, 1997.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(97-6-23/O-3)

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

SECTION I

That section 21-27 “No Parking as to particular streets” is amended by inserting the following therein, in appropriate alphabetical order:

STREET SIDE FROM TO

Battle Lane West The centerline of A point 86 feet south of

Hooper Lane the centerline of

Hooper Lane

SECTION II

This ordinance shall become effective August 1, 1997.

SECTION III

All ordinances and portions of ordinances in conflict herein are hereby repealed.

This the 23^rd day of July, 1997.

A RESOLUTION ACCEPTING A BID, AWARDING THE CONTRACTS FOR THE CONSTRUCTION OF PHASE II OF THE BOLIN CREEK TRAIL, AND ACCEPTING A NATIONAL RECREATION TRAILS FUND PROGRAM GRANT (97-6-23/R-3a)

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the May 4, 1997 editions of The Chapel Hill News/Village Advocate, and The News & Observer and in the May 8, 1997 edition of the Challenger Newspaper, Wilmington, North Carolina and again in the June 6, 1997 edition of The Chapel Hill News/Village Advocate in accordance with G.S. 143-128 for the construction work; and

WHEREAS, the following bids were received and opened on June 13, 1997:

CONTRACTOR BID AMOUNT

Patriot Building, Inc. $738,122.00

Tri-State Consultants, Inc. $598,022.30

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid and alternates and awards a contract to Tri-State Consultants, Inc. for a total amount of $597,300, for the construction of Phase II of the Bolin Creek Trail.

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill accepts a $15,000 National Recreation Trails Fund Program Grant for Phase II of the Bolin Creek Trail project.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to approve up to $80,000, if needed, in change orders for this project without further Council authorization.

This the 23rd day of June, 1997.

A RESOLUTION ALLOCATING AN ADDITIONAL $249,643 TO THE PROJECT BUDGET FOR PHASE II OF THE BOLIN CREEK TRAIL PROJECT (97-6-23/R-3b)

WHEREAS, the Council of the Town of Chapel Hill has accepted a bid for construction of Phase II of the Bolin Creek Trail; and

WHEREAS, the original project budget of $452,657 is insufficient to complete the project;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council allocates an additional $249,643 for Phase II of the Bolin Creek Trail construction project:

National Recreation Trails Fund Program Grant $15,000

Existing Greenways Capital Improvement Program funds $71,143

Payment in Lieu of Recreation Area Funds $51,300

1989 Parks and Open Space bond funds $112,200

Total $249,643

To the following funds previously allocated:

1989 Bond Funds $212,697

DOT Grant $240,000

Project Total 702,300

This the 23rd day of June, 1997.

A RESOLUTION REJECTING ALL BIDS AND AUTHORIZING THE REBIDDING OF THE PHASE II OF THE BOLIN CREEL TRAIL PROJECT (97-6-23/R-3c)

WHEREAS the Town of Chapel Hill has solicited formal bids by advertisement in the May 4, 1997 editions of The Chapel Hill News/Village Advocate, and The News & Observer and in the May 8, 1997 edition of the Challenger Newspaper, Wilmington, North Carolina and again in the June 6, 1997 edition of The Chapel Hill News/Village Advocate in accordance with G.S. 143-128 for the construction work; and

WHEREAS, bids were received and opened on June 23, 1997; and

WHEREAS, the low responsive bid for the project exceeded the available project budget;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town rejects all bids for the construction of Phase II of the Bolin Creek Trail and authorizes the Manager to rebid the project.

This the 23rd day of June, 1997.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR PARKS AND RECREATIONAL FACILITIES (97-6-23/O-4a)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the capital projects ordinance established for Parks and Recreational Facilities in 1986 and amended in 1989 is hereby amended as follows:

SECTION I

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

SECTION II

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

SECTION III

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

Current Budget Revised Budget

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

Orange County Grant 100,000 100,000

State Grant 240,000 240,000

National Recreation Trails Grant 0 15,000

Interest on Bond Proceeds 295,000 295,000

Transfer from General Fund 106,000 157,300

Total $8,241,000 $8,307,300

SECTION IV

Amounts appropriated for the project are amended as follows:

Current Budget Revised Budget

Parks and Recreational $8,241,000 $8,307,300

Facilities (including

open space)

SECTION V

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

SECTION VI

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

This the 23^rd day of June, 1997.

AN ORDINANCE TO AMEND THE “ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996 (97-6-23/O-4b)

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

APPROPRIATIONS Current Budget Increase Revised Budget

GENERAL FUND

Non-Departmental 0 $51,300 $51,300

Transfer to Parks and

Recreation Bond Fund

ARTICLE II

REVENUES Current Budget Increase Revised Budget

GENERAL FUND

Fund Balance $1,922,104 $51,300 $1,973,404

This the 23^rd day of June, 1997.

AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES

(97-6-23/O-5)

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

SECTION I

That Section 12-3 of the Town Code of Ordinances, “Rules and Regulations for Town Parks” is amended by including the following new section:

(d.1) No person shall park or leave standing a vehicle of any kind within the Cedar Falls Park for a period of time in excess of three (3) hours, between 8:30 a.m. and 3:30 p.m., Monday through Friday, during normal operating school sessions.

SECTION II

Section 12-4 is hereby amended by changing the period at the end to a semi-colon and adding the following: “except, however, that a violation of Section 12-3 (d.1) shall be subject to the penalty as provided in Section 21-38 (c) of the Town Code.

SECTION III

This ordinance shall become effective on August 1, 1997.

SECTION IV

All ordinances or portions of ordinances in conflict herein are hereby repealed.

This the 23rd day of June, 1997.

A RESOLUTION AUTHORIZING THE MANAGER TO PROCEED WITH DEVELOPMENT OF A TEMPORARY TRAIL SYSTEM ON THE SOUTHERN COMMUNITY PARK SITE (97-6-23/R-4)

WHEREAS, the Town of Chapel Hill has purchased a tract of land, known as the Southern Community Park site, for parks and recreation purposes; and

WHEREAS, funds are currently not available for development of active recreation facilities at the Southern Community Park site; and

WHEREAS, the community is in need of trails for hiking; and

WHEREAS, neighbors have volunteered to help build the proposed trail; and

WHEREAS, a temporary trail system could be built on the Southern Community Park site, until such time as the site is required for active recreational facilities, at little cost to the Town;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to proceed with development of a temporary trail system on the Southern Community Park site, provided that volunteers provide the majority of the labor required for construction of the trail and that the involvement of Town staff be limited to organization of the construction effort and supervision of trail construction activities.

This the 23^rd day of June, 1997.

A RESOLUTION ESTABLISHING A BICYCLE PLANNING TASK FORCE

(97-6-23/R-5)

WHEREAS, the Town of Chapel Hill has a Comprehensive Plan objective of developing and maintaining a system of bikeways designed to contribute to Town-wide mobility, encourage commuter cycling and support recreational bicycle use; and

WHEREAS, the Parks and Recreation Commission has petitioned the Council to create a temporary Bicycle Planning Task Force to explore bicycle-related issues;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes a Bicycle Planning Task Force composed of three to five members of the bicycling community; and a representative from each of the following, to be appointed by the Town Council:

*Chapel Hill-Carrboro Board of Education

*Greenways Commission

*N.C. Department of Transportation

*Parks and Recreation Commission

*Planning Board

*Transportation Board

*Town of Carrboro

*Orange County

*University of North Carolina

BE IT FURTHER RESOLVED by the Council that the charge of the Task Force shall be to provide recommendations to the Council in time for FY 1998-99 budget deliberations on the following:

1. Identify inexpensive, visible improvements to bicycle facilities in Chapel Hill which might be accomplished in the short term.

2. Begin the process to update the bikeways portion of the 1989 Community Facilities Report by providing suggestions for needed improvements.

3. Recommend a vehicle for ongoing responsibility for bicycle planning and use.

BE IT FURTHER RESOLVED by the Council that the Task Force shall complete its work and make a report to the Council by February, 1998.

This the 23^rd day of June, 1997.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXTEND AN INTERLOCAL COOPERATIVE AGREEMENT FOR DISPOSAL OF HOUSEHOLD HAZARDOUS WASTES (97-6-23/R-6)

WHEREAS, the Town of Chapel Hill has successfully participated in an interlocal agreement with the Counties of Chatham, Durham, Orange and Wake and the Town of Carrboro and the City of Durham to collect and dispose of hazardous household wastes in the four-county region; and

WHEREAS, the aforementioned Interlocal Agreement has been successful in establishing and maintaining a regionally coordinated program for the collection of household hazardous waste and education of the public concerning household hazardous waste; and

WHEREAS, these same governing boards wish to amend the aforementioned Interlocal Agreement so as to provide for automatic renewal of this Interlocal Agreement unless a governing body wishes to withdraw;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the interlocal cooperative agreement for disposal of household hazardous waste dated August 8, 1994 is hereby amended as follows:

Paragraph 2 is deleted and the following new Paragraph is substituted:

2. Unless terminated earlier pursuant to Paragraph 10, this INTERLOCAL AGREEMENT shall be in effect until June 30, 1998 with automatically extended one-year renewal terms beginning July 1, 1998 and at the end of each successive one year term unless any party notifies the other parties in writing by January 1 of each year of its desire to terminate this INTERLOCAL AGREEMENT, in which case, the term shall end as scheduled on that year’s June 30.

In witness whereof the Board of Commissioners of the respective Counties have approved and caused these presents to be signed by the Chairman of each Board and attested to by the Clerk of that Board and the municipalities have approved and caused these presents to be signed by their respective Mayors or City Managers and attested to by their Clerks, all in accord with resolutions of the governing Board of each party spread upon their respective minutes the day and year first written above.

Town of Chapel Hill

By: ___________________________ Attest_________________________

Town Manager

This instrument has been reviewed and approved as to legal form and adequacy.

By: ___________________________

Attorney

This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.

This the 23^rd day of June, 1997.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO UTILIZE CURRENTLY AVAILABLE CIP FUNDING TO CONSTRUCT IMPROVEMENTS TO SECTIONS OF THE EAST FRANKLIN STREET SIDEWALK AND INSTALL NEW DOWNTOWN TRASH RECEPTACLES, AND RETAIN AVAILABLE CIP FUNDING TO PERMIT POSSIBLE COMPLETION OF THE WORK ON NORTH COLUMBIA STREET (97-6-23/R-8)

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

WHEREAS, the Council allocated $50,000 in 1996-1997 CIP funding for specific improvements; and

WHEREAS, the Council has received a report from the Town Manager detailing two alternative sites for Streetscape reconstruction, and including a proposal to replace the majority of downtown trash receptacles; and

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to prepare final working drawings, discuss construction logistics with adjacent merchants and utilize available CIP funding to construct Streetscape improvements at alternative site #1 and to use additional available CIP funding to purchase and install new trash receptacles throughout the Downtown Streetscape Master Plan study area.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council allocates approximately $10,000 in 1996-1997 CIP funding to complete construction of Streetscape improvements on North Columbia Street pending recommendations from the Town’s soil contamination consultant.

This the 23^rd day of June, 1997.

A RESOLUTION ESTABLISHING REVISED GUIDELINES FOR TRANSPORTATION MANAGEMENT PLANS (97-6-23/R-9)

WHEREAS, the Council of the Town of Chapel Hill has adopted changes to the Development Ordinance to provide greater flexibility for new developments and to encourage the use of alternative modes of transportation; and

WHEREAS, the goals of the Transportation Management Plan process are to reduce the use of automobiles and to promote the use of alternative forms of transportation, such as transit, carpooling, bicycles and walking; and

WHEREAS, Transportation Management Plans are required of most non-residential development applications within the Town of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council establishes the following guidelines for approval of Initial Transportation Management Plans:

· The Plans should give an estimate of baseline travel behavior for the employer based on occupancy survey results. The baseline survey should include a least a 50% return rate;

· The Plan should produce a 10 percent reduction in peak hour traffic within the first year time frame;

· The Plan must include travel demand management measures which, in the opinion of the Town Manager, could potentially reach the goal of the program. These measures should include a combination of transit incentives, ride-sharing incentives, and bicycle and pedestrian incentives, as appropriate for the particular location and type of business for the employer.

· The Plan must include the requirement that an annual survey of employee travel behavior be performed, and the results of the survey and the measures included in the Plan be submitted to the Town.

· The Plan should identify the schedule and form for annual updates to the Plan and should indicate additional travel demand management measures which will be contained in future plans depending on progress towards the reduction goals.

And for Transportation Management Plan Annual Updates:

· The Plans should list the prior year’s goals for reducing single-occupancy vehicle use, and list the results of the program, based on the survey of employee travel behavior.

· The Plan should evaluate the effectiveness of the measures that were part of the prior year’s plan.

· The Plan should establish a goal for reducing single-occupant vehicle use from the baseline to be achieved within a one-year time frame of the Plan. If the prior year’s goals have been met, the Plan should establish a higher goal up to the Town’s “ceiling” goal, and identify which measures from the previous year’s plan have been successful. These measures should be continued and/or strengthened in the current Plan

· If the prior year’s goals have not been met, the Plan should set a goal for single occupant vehicle reduction which is somewhat higher than the results indicated in the employer’s survey. The Plan should be strengthened and/or continue those measures which have been successful, and strengthen existing measures which may be successful in the current year; and/or implement new measures which will be likely to achieve the Plan’s goals.

· Each business location should appoint a transportation coordinator to oversee the implementation of the plan.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to implement these program guidelines.

This the 23rd day of June, 1997.

Proposal for Charter School at Hargraves Center

Council Member Chilton inquired whether there was a time constraint on the proposed lease. Mr. Anderson said that a lease agreement was needed prior to June 30^th, in order for the proposal to go forward. He noted that three other leases were being sought, in order to accommodate a total of about 120 students.

Jean Holstein, a parent of a student enrolled in a charter school, said that having observing many non-traditional students in charter school settings, she had been very impressed with the quality of programs and students in charter schools. She requested that the Council support the proposal for a charter school at the Hargraves Center.

Council Member Chilton offered to organize a meeting with residents of the Northside area, charter school representatives and other interested parties, in order to reach an understanding and consensus on this matter. He suggested that the Council could hold a follow-up meeting on Friday, June 27^th at 7:30 a.m. to discuss and take applicable action on the matter. Council Member Capowski expressed concern about the proposed meeting time of 7:30 a.m. Council Member Chilton noted the time constraints outlined earlier by charter school representatives.

Council Member Capowski inquired why the proposed rental rate was so much below prevailing market rates. Mr. Horton said that the Town’s objective was to cover its costs, rather than to realize a profit. Mr. Anderson noted that the projected 112 students would be accommodated at several charter school sites, rather than solely at the Hargraves Center.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, FOR THE COUNCIL TO MEET ON FRIDAY, JUNE 27^TH AT 7:30 A.M. IN A SPECIAL MEETING IN THE COUNCIL CHAMBER, IN ORDER TO RECEIVE A REPORT FROM COUNCIL MEMBER CHILTON REGARDING THE REQUEST FOR LEASING A PORTION OF THE HARGRAVES CENTER FOR A CHARTER SCHOOL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Andresen presented an overview of the status of the evaluation process for the Manager and Attorney. She noted that proposed evaluation forms would be circulated to the Mayor and Council and Manager and Attorney for review and comments.

Noting the unanticipated delays in the preparation of the proposed evaluation form, Council Member Andresen suggested that the Council continue with their planned closed session to discuss the evaluations as soon as possible.

Council Member Pavão said he was uncomfortable proceeding with the evaluation with a form which was incomplete. He added that it would be possible for the Council to meet in August using a more complete evaluation form for the process.

COUNCIL MEMBER FRANCK MOVED THE MODIFIED ITEM #10. COUNCIL MEMBER SECONDED AND THE MOTION PASSED UNANIMOUSLY.

Mayor Waldorf noted that the Council could proceed with the evaluation of the Manager and Attorney sometime during the next few days or schedule a session sometime in August.

Council Member Wiggins expressed her concern about proceeding with the evaluations in such a hurried way after spending so much time getting to this point in the process. Council Member Wiggins said that the most effective evaluations happened with the evaluators and those being evaluated working closely together throughout the process.

Expressing her concurrence with Council Member Wiggins’ observation, Council Member Andresen requested that Council Members forward any comments or revisions to the evaluation forms to Council Member Pavão or herself within the next two weeks.

Item C

Council Member Andresen inquired about a proposed $5,000 expenditure for a consultant to review the University’s plan for the former landfill site. Mr. Horton said that the University had formed a volunteer study group to look at the matter of hazardous waste in different parts of the town. He also said that although the University had suggested that it would be appropriate for the Town to participate in the cost of this study. Mr. Horton said he was proposing that the Cadmus Group be engaged to protect the Town’s interests and consult on possible liability issues.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT CONSENT AGENDA ITEM C. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996” (97-6-23/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

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Public Works 8,292,742 110,393 8,403,135

Parks and Recreation 1,341,536 9,413 1,350,949

Manager 859, 043 5,000 864,043

LANDFILL FUND 5,287,727 271,600 5,559,327

ARTICLE II

REVENUES

GENERAL FUND

Transfer/Other Sources

Lease Purchases Proceeds 0 110,393 110,393

Service Charges 730,300 9,413 739,713

Property Taxes 12,079,000 5,000 12,084,000

LANDFILL FUND

Landfill Fees 3,277,000 271,600 3,548,600

This the 23^rd day of June, 1997.

COUNCIL MEMBER CAPOWSKI MOVED , SECONDED BY COUNCIL MEMBER WIGGINS, THAT THE COUNCIL GO DIRECTLY TO THE ITEMS REGARDING THE BUDGET ON THIS EVENING’S AGENDA. THE MOTION FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS CAPOWSKI AND WIGGINS VOTING YES.

Item 5 Civil Leave

Council Member Evans expressed her belief that it was bad policy to change an ordinance based on the wishes of one person.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 4. THE ORDINANCE PASSED ON SECOND READING BY A VOTE OF 5-4, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI, CHILTON AND FRANCK VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVÃO AND WIGGINS VOTING NO.

AN ORDINANCE ESTABLISHING NON-MANDATORY PUBLIC SERVICE AS A FORM OF CIVIL LEAVE (97-4-28/O-4)

Section I

Section 14-87 of the Personnel Ordinance is amended as follows:

An employee called for jury duty, or as a court witness for the federal or State governments or a subdivision thereof, by subpoena, shall be entitled to leave with pay for such duty in addition to keeping fees received for such duty provided documentation is made for each day.

In addition, employees may request and departments may grant up to 8 hours of paid time off per year to perform approved forms of non-mandatory, non-partisan work at the polls on election day. Employees may be required to provide documentation of their service in order to receive regular salary payment under this policy.

Section II

That this ordinance shall be effective on May 1, 1997.

This the 28^th day of April, 1997. (First reading)

This the 23^rd day of June, 1997. (Second reading)

Item 5c Citizens Participation Policy

Council Member Evans moved to table the item since it did not require immediate attention and the Council seemed to be doing well in handling citizen comments.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO TABLE THE ITEM UNTIL AUGUST 23^RD. THE MOTION PASSED BY A VOTE OF 5-4, WITH MAYOR WALDORF AND COUNCIL MEMBERS CHILTON, EVANS, PAVÃO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI AND FRANCK VOTING NO.

Item 6 Appointments to Boards and Commissions

Noting that there were four applicants for vacancies on the Transportation Board, Council Member Chilton suggested deferring appointments to the Board to the Council’s July 7^th meeting, pending receipt of additional applications.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO DEFER APPOINTMENTS TO THE TRANSPORTATION BOARD UNTIL JULY 7^TH.

Council Member Franck questioned the legality of this motion, since some Council Members had already submitted their ballots for these appointments.

Transportation Board Member Ruby Sinreich requested that the Council defer the appointments, pending the receipt of additional applications.

THE MOTION FOR DEFERRAL FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CHILTON AND WIGGINS VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, EVANS, FRANCK AND PAVÃO VOTING NO.

THE COUNCIL MADE THE FOLLOWING APPOINTMENTS TO BOARDS AND COMMISSIONS:

Appearance Commission Hoyt Taylor

Board of Adjustment Deferred to July 7^th; No clear preferences

Design Review Board Martin Rody

Greenways Commission Peg Bergner, Mark Broadwell, Pamela Hemminger

Historic District Commission Kimberly Kyser, Tobin Savage, James White

Housing Advisory Board Lawrence Daquioag, Charles deBose, Margaret Edwards,

Mary Sherwood

Orange Water & Sewer Board Patrick Davis

Personnel Appeals Committee Barbara deLon, Harry Upshaw

Public Arts Commission Susan Rosefielde, Bonnie Whitehead

Transportation Board Henry Branson III, Kenneth Robinson,

Edward Siebert, Geoffrey Waaler

ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK’S OFFICE.

Item 7 Dry Creek Trail Advisory Committee Report

Advisory Committee Chair Fred Meier presented an overview of the Committee’s report, noting that the trail would run from between East Chapel Hill High School into Durham County. He stated that the proposed trail would be split into five sections, with natural surface footpaths along the creek bed, board walks to protect wetlands and asphalt. Mr. Meier said that the estimated cost of the first four sections, totally located in Orange County limits, would be between $400,000 and $500,000. He noted that the fifth section, which would connect the path to Durham County trails and New Hope Creek, would required the purchase of some land in, and cooperation with, Durham County. Mr. Meier said that the cost of this land was unknown.

Sharon Robinson, Secretary of the New Hope Creek Advisory Committee, urged the Council to adopt Resolution B, including the fifth section of the Dry Creek trail. She suggested that funding might be available from the Clean Water Management Trust Fund or other sources to pay for some of the costs of the proposed trail.

Greenways Commission member Carol Pekar said that the Advisory Committee had taken resident’s concerns and suggestions into account when planning the proposed Dry Creek trail. Ms. Pekar expressed her support for the Council’s adoption of Resolution B.

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

Council Member Capowski asked Mr. Horton if he was satisfied with the cost of the sections 1 through 4, and a “to be determined” cost for section 5 of the trail. Mr. Horton noted that passage of the resolution did not commit the Council to spending any money. He stated that given the difficulty of securing reasonable construction bids, it was quite likely that this item would not be on a future Council agenda for final action (authorization

to proceed with construction) for quite some time. Council Member Capowski inquired whether the Council’s support of this project would put any other projects in jeopardy. Mr. Horton said that staff was working on developing a list of options for Council priorities relative to projects.

Council Member Pavão asked whether the Council could ask the staff to look into funding options for section five of the trail. Mr. Horton said he hoped that the Council would direct him to look into options in this matter.

Mayor Waldorf inquired if it would make a difference if the request for grant money came from the Town or Orange County. Mr. Horton said that although the Town might need the concurrence of the County Commissioners if the request were to come from the Commissioners, voting for Resolution B did not preclude the possibility of outside funding sources.

RESOLUTION 11B WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING THE “DRY CREEK GREENWAY CONCEPTUAL PLAN REPORT TO THE TOWN COUNCIL” (97-6-23/R-11b)

WHEREAS, the Town of Chapel Hill has acquired land for development of a greenway trail along Dry Creek; and

WHEREAS, the developers of the Silver Creek subdivision, Springcrest subdivision, Englewood subdivision, and Sterling Ridge apartments have committed to deed additional property along Dry Creek to the Town; and

WHEREAS, the Council-appointed Dry Creek Trail Advisory Committee has recommended that a trail system be constructed along Dry Creek; and

WHEREAS, the Dry Creek Trail would be an important component of a future regional trail system that would link the Chapel Hill and Durham communities;

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the Dry Creek Trail Advisory Committee’s Report entitled, “Dry Creek Trail Conceptual Plan Report to the Town Council.”

BE IT FURTHER RESOLVED that the Council thanks the members of the Dry Creek Trail Advisory Committee and all other individuals who participated in the development of the Committee’s Report.

This the 23rd day of June, 1997.

Item 8 1997-98 Budget Related Matters

Heidi Chapman, representing the Carrboro Art Group, said that her organization was requesting Town funding of $9,500, to assist with funding of floats for the annual Christmas Parade.

Trish Whiting, representing the Junior League of Durham and Orange Counties, requested that the Council approve funding for the Middle School/After School program. Noting that some individuals had expressed concern about the program’s facilities, Ms. Whiting said that the program would lose State funding if the programs were held in a school facility.

Keith Cook, Chair of the Middle School/After School Program Board, said that his program was one of the best run of its type. He requested that the Council provide full program funding, rather than the partial funding being proposed by staff.

Mr. Horton presented an overview of his budget recommendations to the Council, including changes in user fees, the capital improvements program, the transit service agreement between Carrboro, the University and the Town, requests to apply for federal grants and various performance agreements, including a proposal to fund the Middle School After School program for $40,000, rather than the $47,000 being requested.

Council Member Andresen inquired whether or not the proposed budget included funding for the DARE program. Mr. Horton said that the proposed budget included Town funding for the DARE program. Council Member Andresen also inquired about funding of the bookmobile. Mr. Horton said that the Library Board of Trustees had requested that the Town set aside funding of $6,000 for the bookmobile until an alternative to the bookmobile was identified. Council Member Andresen inquired whether or not it was correct that a delay in the repayment of debt service would not mean a delay in projects and would also mean a 1.8 cent reduction in the property tax rate. Mr. Horton said that there would be no delay in construction projects and the 1.8 cent rate reduction cited by Council Member Andresen was correct.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 6.

Council Member Brown inquired whether or not both ordinance six and ordinance seven contained all proposed new additions to the Town staff. Mr. Horton said that this was correct. He added that the $48,000 for the local match of a community-oriented policing grant would not be official until Council action had been taken. Council Member Chilton said he had heard general community support for continuation of a community-oriented policing program.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO AMEND ORDINANCE 6 TO INCLUDE THE LONG-RANGE PLANNER POSITION, PROPOSED FOR ELIMINATION.

Council Member Andresen commented that although the zoning officer position had been added for good reasons, she also saw the need for the long range planner position. Council Member Brown proposed a friendly amendment to eliminate the proposed zoning enforcement officer position. Council Member Andresen did not accept this as a friendly amendment.

THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND FRANCK VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, CHILTON, EVANS, PAVÃO AND WIGGINS VOTING NO.

MAYOR PRO-TEM BROWN MOVED TO ELIMINATE THE PROPOSED ZONING ENFORCEMENT OFFICER POSITION. THE MOTION DIED FOR LACK OF A SECOND.

MAYOR PRO-TEM BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO AMEND ORDINANCE 6 BY REMOVING THE PROPOSED ADMINISTRATIVE ANALYST POSITION. THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND CHILTON VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, EVANS, FRANCK, PAVÃO AND WIGGINS VOTING NO.

ORDINANCE 6, AS PRESENTED, WAS ADOPTED BY A VOTE OF 7-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, CHILTON,EVANS, FRANCK, PAVÃO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN AND BROWN VOTING NO.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT 0RDINANCE 7. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, CHILTON, EVANS, FRANCK, PAVÃO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN AND BROWN VOTING NO.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 14, PERSONNEL RULES AND REGULATIONS, OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL (97-6-23/O-8)

BE IT ORDAINED by the Council of the Town of Chapel Hill that:

SECTION I

Sec. 14 - 66 Annual Leave Rate is hereby rewritten to read as follows:

Each full-time and part-time employee of the Town (except for the Manager, Assistant Manager, and Department Heads) shall accumulate annual leave at the rate of 15 work-week equivalent days per year; the Manager, Assistant Manager, and Department Heads shall accumulate at the rate of 20 work-week equivalent days per year. Calculations of prorated hours of annual leave associated with different work weeks shall be published in policies developed by the Manager.

Each full-time and part-time employee of the Town shall accumulate annual leave based on the cumulative Town service in regular positions, based on the following schedule:

Category: days earned:

newly hired employees: 12 days per year

with 2 years of service: 14 days per year

with 5 years of service: 17 days per year

with 10 years of service: 20 days per year

with 15 years of service: 23 days per year

with 20 or more years: 26 days per year

(During transition to this new plan, current employees with less than 5 years of service will continue to earn 15 days of leave per year until they reach 5 years of service; department heads with less than 15 years of service will continue to earn 20 days of leave per year until they reach 15 years of service.)

Where important for recruitment of new Department Heads or of other key personnel, the Town Manager may authorize a new employee to earn greater than 12 days per year of annual leave upon employment.

SECTION II

This ordinance shall be effective July 1, 1997.

This the 23^rd day of June, 1997.

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

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL (97-6-23/O-9)

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

SECTION I

Sec. 14- 54 Rehiring, is hereby rewritten to read as follows:

An employee who separates from employment and is rehired by the Town shall be regarded as a new employee, subject to all of the provisions of rules and regulations of this Chapter.

An employee in good standing who is terminated due to a reduction in force shall be given the first opportunity to be rehired in the same or a similar position for which qualified. In such cases, an employee who is rehired within two years shall retain the sick leave previously accrued, and may be rehired at the previous salary. However, once an employee accepts the severance payment, the employee shall no longer have priority for consideration for employment in a Town position or for reinstatement of their sick leave.

Sec. 14-97 is hereby rewritten as follows:

Sec. 14-97 Layoff or Reduction in Force

An employee may be laid off when a reduction in force becomes necessary. In determining which employee or employees may be laid off, consideration shall be given to the quality of each employee's past performance and the needs of the Town for particular services, functions, or skills, in addition to the seniority of the employee.

In a reduction in force:

(a) Employees will receive at least 30 days' notice of termination of the position, with the 30 days beginning when the Council approves elimination of the position.

(b) Employees will receive a severance payment based on their years of total Town service in full-time and part-time positions and salary at separation, as follows:

Years of Service Payment

less than 5 years 4 weeks base salary

5 years but less than 10 years 8 weeks base salary

10 years but less than 20 years 12 weeks base salary

20 or more years 16 weeks base salary

(Severance payments do not apply to employees who leave Town service voluntarily, to employees on temporary lay-off, to employees whose positions are eliminated while they are serving their initial probation period, to contract employees or employees who are separated at the end of time-limited appointments, to employees who are separated on service or disability retirement or to employees terminated for detrimental personal conduct or unsatisfactory job performance under Article XI of this Chapter .)

Payment would be made in a lump sum and would reflect required deductions for taxes and Social Security. No other benefits, such as Local Government Retirement System contribution or 401(k) Town payments, shall be made as a part of this severance payment.

(c) For one year after separation under these terms, the Town would continue to pay the full share of individual health coverage; employees would be responsible for paying all cost for dependent coverage if they wish to continue to cover their family members. After one year former employees may continue participation in the Town's health insurance plan, as long as permitted under Council policies, by paying the full individual and dependent premium.

SECTION II

This ordinance shall be effective June 23, 1997.

This the 23^rd day of June, 1997.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING USER FEE POLICIES AND SCHEDULES FOR VARIOUS TOWN DEPARTMENTS (97-6-23/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts, effective on July 1, 1997, the attached user fee policies and schedules as submitted by the Town Manager on June 23, 1997:

Town Council Agenda Packet Fees

Development Review User Fees

Inspections User Fee Policy

Building Inspections Permit Fees: General Policy and Fee Schedule

Engineering Department Inspection Fee Policy

Municipal Cemetery Fee Schedule

Sanitation User Fee Policy

Street Cut Policy

Police Department Towing and Fee Schedule

Fire Department Permit Fee Policy

Parks and Recreation User Fee Policy

Chapel Hill Public Library Fines and Fees Policies and Schedules

Landfill User Fees

Transportation User Fees, Policies and Schedules

Municipal Parking User Fee Rates and Schedules

This the 23^rd day of June, 1997.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE 1997-2002 CAPITAL IMPROVEMENTS PROGRAM (97-6-23/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Manager’s Recommended 1997-2002 Capital Improvements Program as described in the memorandum dated June 23, 1997 with the following projects to be included in the Operating Budget ordinance for 1997-98 from the capital improvements fund:

PROJECTS:	1997-98 Reappropriation	1997-98 New Appropriation
Cemetery Beautification	$0	$10,000
Downtown Streetscape Improvements	$56,800	$0
Energy Efficiency Projects	$17,000	$23,000
Extraordinary Maintenance	$0	$50,000
Fuel Storage Tank Replacement	$100,000	$50,000
Upgrade Town Topography Maps	$0	$47,000
Greenways	$0	$82,000
Northern Community Park (Roadway)	$50,000	$50,000
Skateboard Facility	$25,000	$0
Small Park Improvements	$17,400	$50,000
Fire Apparatus: Class A Engineer/Pumper	$0	$55,000
Fire Training Facilities Renovations	$0	$50,000
Curb Repairs: ADA Compliance	$0	$25,000
Sidewalks and Bicycle Facilities	$60,000	$50,000
Traffic Calming Projects Construction	$0	$20,000
CAPITAL FUNDING TOTAL:	$326,200	$562,000
GRAND TOTAL 1997-98:		$888,200

This the 23^rd day of June, 1997.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL AND THE TOWN OF CARRBORO (97-6-23/R-14)

WHEREAS, the Towns of Chapel Hill and Carrboro and the University of North Carolina at Chapel Hill desire to establish an ongoing process to allow mutual cooperation in the operation of public transportation services; and

WHEREAS, the University of North Carolina at Chapel Hill is authorized to provide such service under North Carolina General Statute 116.44.4(m) which states "that monies received...may be used to provide bus service or other transportation systems and facilities, including payments to any public or private transportation system serving University students, faculty or employees"; and

WHEREAS, the Towns of Chapel Hill and Carrboro and the University have worked together in providing public transportation services since the 1970s and desire to continue to work together to provide these services;

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

That the Manager is authorized to execute a Memorandum of Understanding with the University and the Town of Carrboro with the terms and conditions substantially consistent with the following draft Memorandum of Understanding.

This the 23^rd day of June, 1997.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 14.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED

(97-6-23/R-14.1)

WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation program of projects; and

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and

WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that in connection with the filing of applications for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant files an assurance that it will comply with the Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and

WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contacts, or consultant and other services;

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

1. That the Town Manager is authorized to execute and file applications on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and the North Carolina Department of Transportation, to aid in the financing of operating, capital and planning assistance projects pursuant to Section 3, 8 and 9 of the Urban Mass Transportation Act of 1964, as amended.

2. That the Town Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964.

3. That the Town Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications for the program of projects and budget.

4. That the Town Manager is authorized to set forth and execute affirmative minority business policies in connection with the project’s procurement needs.

5. That the Town Manager is authorized to execute grant agreements on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and N.C. Department of Transportation to aid in the financing of the operating, capital, and planning assistance program of projects.

This the 23rd day of June, 1997.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 11. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE ESTABLISHING THE 1997 - 98 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (97-6-23/O-11)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statues of North Carolina, the following grant project is hereby established:

SECTION I

The projects authorized are the Community Development projects as approved by the Council on April 28, 1997: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD). The projects are known more familiarly as the 1997 Entitlement Community Development Block Grant. The grant activities include renovation of public housing, neighborhood revitalization, development costs, support of organizations that provide job training and community services to low-income residents, public improvements, and administration costs for the program.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the grant project within the terms of the grant document(s), the rules and regulations of the U.S. Department of Housing and Urban Development, and the budget contained herein.

SECTION III

The following revenues are anticipated to be available to complete this project:

Community Development Block Grant: $455,000

Community Development Program Income: $ 18,808

Total $473,808

SECTION IV

The following amounts are appropriated for the project:

Rehabilitation of Public Housing: $253,000

Neighborhood Revitalization: $ 45,000

Development Costs: $ 40,000

Job Training: $ 38,000

Community Services: $ 30,000

Public Improvements: $ 10,000

Program Administration: $ 57,808

Total $473,808

SECTION V

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the grant agreement(s) and federal and State regulations.

SECTION VI

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed within five days of adoption with the Manager, Finance Director and the Town Clerk.

This the 23^rd day of June, 1997.

Council Member Brown suggested that the Town staff identify which factual statistics in the Town’s Comprehensive Plan needed to be updated and report back to the Council on this matter in the fall.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO STAFF FOR A FOLLOW-UP REPORT.

Stating that the entire Comprehensive Plan needed revisions, Council Member Evans said she would not support Council Member Brown’s motion because these revisions were needed immediately.

Reminding the Council of its objective of holding the line on the Town’s budget, Council Member Chilton said that $50,000 was a lot of money. He also said that there was not much developable land left within the Town’s limits.

Council Member Capowski inquired about the tax rate equivalent for $25,000. Mr. Horton said that the tax rate equivalent was $0.0092.

Mayor Waldorf pointed out that there was a lot of information pulled together in the revision of a Comprehensive Plan beyond information regarding development. Responding to Council Member Chilton’s regarding developable land, Council Member Capowski said that there was a lot of land in neighborhoods which could be developed. He stated that the Comprehensive Plan was the Council’s only philosophic statement about how to deal with these matters.

Stating that $25,000 was a lot of money, Council Member Wiggins said that having a goal statement relative to the Comprehensive Plan was imperative. Council Member Brown said that one of the graduate students in the University’s planning program had recently stated that if the Council had actually incorporated the philosophy of the current Comprehensive Plan, the Town would be one of the most sustainable communities in the nation. Council Member Brown said that the Town’s Comprehensive Plan was up to date, excepting the statistical/factual information in the plan. She suggested that the Council direct the staff to update this information and to wait another year for input from the Shaping Orange County’s Future Task Force. Council Member Brown also suggested that staff be authorized to update this information on an annual basis.

COUNCIL MEMBER BROWN’S MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI, CHILTON AND FRANCK VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVÃO AND WIGGINS VOTING NO.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 15.

Council Member Andresen inquired which staff would perform this work. Mr. Horton said that contract staff would be hired to complete the tasks. Council Member Evans added that all of the Council’s advisory boards had recommended approval of the revision of the Comprehensive Plan.

THE MOTION FAILED BY A VOTE OF 4-5, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVÃO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI, CHILTON AND FRANCK VOTING NO.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 16.

Council Member Franck said that as Chair of the Landfill Owners Group, it was his intent to try and get Carrboro, Hillsborough and the Town working together on this issue.

Council Member Evans asked what the market was for used building materials and was advised by Council Member Franck that the materials had to be usable by organizations such as Habitat for Humanity or other similar organizations. Council Member Evans expressed hope that the Landfill Owners Group would look beyond Orange and Durham Counties for regional efforts.

RESOLUTION 16 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO START THE PROCESS TO AMEND CHAPEL HILL’S SOLID WASTE PLAN REQUIREMENTS AND TO WORK WITH OTHER JURISDICTIONS TO ESTABLISH SIMILAR REGULATIONS

(97-6-23/R-16)

WHEREAS, the construction and demolition disposal area of the Orange Regional Landfill will be full within one and one-half years, and

WHEREAS, the Council of the Town of Chapel Hill has adopted ambitious waste reduction goals,

1. NOW BE IT HEREBY RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to develop changes to the existing development ordinance that would extend the solid waste plan requirement to all construction projects valued at over $50,000, and to work with other jurisdictions in Orange County to develop solid waste plan ordinances that are similar to that adopted by the Town of Chapel Hill to enable ease of enforcement and consistency for builders and regulators.

This the 23^rd day of June, 1997.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 12.

Council Member Evans requested that the Council commit to planting 200 trees in conjunction with the Appearance Commissions annual planting as an amendment to Ordinance12. Council Member Chilton accepted this as a friendly amendment.

Council Member Wiggins offered another friendly amendment to only pay one-half the debt service this year, thereby reducing the tax rate from a 3.2 cent to a 2.3 cent increase. Council Member Andresen then amended the motion further by asking to pay none of the debt service this year and reduce the increase to only 1.4 cents.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO HAVE NO DEBT SERVICE PAYMENTS INCLUDED IN THE TOWN’S 1997-1998 BUDGET.

Council Member Brown inquired what would happen if there were no bids for some Town construction projects in the future. Mr. Horton said he hoped that these conditions would be improved by the fall of the year.

Stating that a tax increase by Orange County appeared imminent, Council Member Capowski said he was surprised that any Council Members would support raising taxes during an election year. Council Member Wiggins said her decisions would be based upon what she thought would be best for the Town’s residents, rather than whether or not it was an election year. Council Member Wiggins said that by paying only half of the debt service this year would be a compromise.

Council Member Brown said she felt that citizens did not vote for a tax increase when they voted for the bonds. Council Member Brown said she was concerned about the tax rate and wanted to keep them affordable for everyone.

Council Member Andresen said that it was her duty to vote for what was most economical for the Town’s taxpayers.

THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND CAPOWSKI VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS CHILTON, EVANS, FRANCK, PAVÃO AND WIGGINS VOTING NO.

Council Member Pavão suggested that funding of $6,000 for the bookmobile be reinstated until another alternative was found. The motioner accepted this as a friendly amendment.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO CHANGE SOLID WASTE COLLECTION TO ONCE A WEEK CURBSIDE PICK-UP.

Council Member Franck said that this would result in annual savings of $68,000, or 0.24 cents on the property tax rate.

THE MOTION FAILED BY A VOTE OF 4-5, WITH MAYOR WALDORF AND COUNCIL MEMBERS BROWN, FRANCK AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN, CAPOWSKI, CHILTON, EVANS AND PAVÃO VOTING NO.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REDUCE THE COUNCIL’S BUDGET BY $1,200. THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS BROWN, CHILTON, FRANCK AND PAVÃO VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS ANDRESEN, CAPOWSKI, EVANS AND WIGGINS VOTING NO.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO TAKE $6,000 OUT OF FUNDING FOR THE ORANGE COUNTY VISITORS BUREAU TO FUND THE BOOKMOBILE.

Council Member Pavão stated that the bookmobile had no connection to the hotel/motel tax. He also said that the Visitors Bureau was of great benefit to the Town in many ways and should be fully supported. Council Member Pavão also said that if funding for the Bureau were reduced, the amount of money generated by the Visitors Bureau would likewise be reduced.

THE MOTION FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS ANDRESEN AND BROWN VOTING YES.

Council Member Capowski wanted to know if the Council had adhered to a resolution stating that there would be no increase of funds for outside agencies. Mr. Horton replied that the only exception to that was $3,500 in funding for the Public Arts Commission.

ORDINANCE 12, INCLUDING AMENDMENTS FOR ONE-HALF YEAR DEBT SERVICE AND MAINTAINING THE BOOKMOBILE UNTIL AN ALTERNATIVE WAS IDENTIFIED, WAS APPROVED BY A VOTE OF 7-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, CHILTON, EVANS, FRANCK, PAVÃO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN AND BROWN VOTING NO.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING 1997-98 FUNDING FOR PERFORMANCE AGREEMENTS WITH HUMAN SERVICE AGENCIES AS REOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (97-6-23/R-17)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following appropriations for performance agreements with human service agencies in 1997-98 to address the community’s human service needs identified by the Human Services Advisory Board:

AGENCY	RECOMMENDED 1997-98
Alternative Sentencing	2,800.00
Center for Peace Education	-
Charles House	4,000.00
Coalition for Battered Women	14,600.00
Communities in Schools	4,000.00
Community School for People Under 6	6,600.00
Day Care Services	8,500.00
Dispute Settlement Center	3,000.00
Family Counseling Service (CHANGE)	4,000.00
Freedom House	10,000.00
KidSCope	4,000.00
Meals on Wheels	3,000.00
Mental Health Association	2,000.00
Middle School After School Program	40,000.00
North State Legal Services	-
Orange Community Housing Corporation	-
Orange County Disability Awareness Council	500.00
Orange County Literacy Council	6,000.00
Orange County Rape Crisis Center	12,000.00
Orange County Women's Center	7,000.00
Pines of Carolina (Girl Scouts)	-
Planned Parenthood	1,500.00
Resident Council	5,000.00
Teens Climb High	2,500.00
The Arc	8,000.00
Triangle Family Services	-
Triangle Hospice	4,000.00
Triangle Radio Reading Service	2,000.00
TROSA	7,000.00
Volunteers for Youth	5,500.00
TOTAL	167,500.00

BE IT FURTHER RESOLVED that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, agreements with the above agencies for services described in the Human Services Advisory Board’s report on June 23, 1997.

This the 23^rd day of June, 1997.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 18A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING 1997-98 ALLOCATIONS FOR PERFORMANCE AGREEMENTS USING HOTEL/MOTEL TAX FUNDS (97-6-23/R-18a)

WHEREAS, the Council adopted criteria for considering hotel/motel project proposals on January 23, 1989, and provided further guidance on October 14, 1991 and April 11, 1994; and

WHEREAS, the recommended proposals meet the criteria established by the Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following project proposals for FY 1997-98 for the use of hotel/motel tax funds:

Organization Purpose Amount

Chapel Hill Public Arts Administrative Support $3,500

Commission

Chapel Hill-Carrboro Concert Season $1,500

Community Chorus

El Pueblo Inc. La Fiesta del Pueblo $5,000

Musica Chamber Music Competition $700

NC High School Championship Enhancement $9,500

Athletic Association

NC Symphony Society Free Concert $2,300

NC Writers Network Literary Gathering $400

Seeds of Sheba Cultural Arts Bazaar $5,000

Street Scene Teen Bands $2,600

Women's Center Art Show $1,000

TOTAL $31,500

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to execute, on behalf of the Town, performance agreements with the above organizations for use of the hotel/motel tax funds.

This the 23rd day of June, 1997.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 19. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT WITH THE DOWNTOWN COMMISSION (97-6-23/R-19)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into a performance agreement with the Downtown Commission for services in 1997-98 substantially as in 1996-97, with the funding level to include the estimated revenue to be received from the Downtown Service District tax based on the tax rate adopted by the Council for 1997-98, plus $10,000 of fund balance accumulated in past years; provided, that the Manager is authorized to include provisions in the agreement to retain the right to renegotiate the agreement if the Commission does not relocate its Welcome Center to the McDade house and to defer payment of the $10,000 fund balance until the Commission’s use of the McDade house is confirmed.

This the 23rd day of June, 1997.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 19.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS WITH THE UNIVERSITY OF NORTH CAROLINA, AND THE TOWN OF CARRBORO IN 1997-98 (97-6-23/R-19.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Town Manager to execute on behalf of the Town, and in accord with adopted Memoranda of Understanding for transit services, contracts with the University of North Carolina and the Town of Carrboro for the Town to provide them public transportation services, provided said contracts shall not increase the cost of the Town of Chapel Hill transit services above the Town’s budgeted amounts and are substantially in accord with the adopted budget of the Town of Chapel Hill.

This the 23rd day of June, 1997.

Item 9 Meadowmont Special Use Permit Applications

Persons wishing to testify in the matter were sworn.

Joseph Polcaro, a soccer referee and coach for Special Olympics soccer, said that although there were almost 2,000 soccer players in the area, there were not enough fields to handle the demand for soccer games. Mr. Polcaro said he would return to the Council with a petition supporting the construction of more soccer fields in the Town.

Madeline Jefferson inquired whether or not the Town had a tree ordinance. She also inquired if a permit had been obtained to clear land, if rare and specimen trees had been identified, and whether the developer had met with the Town’s Arborist. Mr. Waldon said that the applicant had met the requirements of the Master Land Use Plan for Meadowmont. Ms. Jefferson reminded the Council that the Village Center was located in the middle of virgin forest land.

Parks and Recreation Commission Chair Dianne Lemasters said that the two swimming pools proposed by the applicant would adequately serve the 3,000 residents of Meadowmont. Stating that the Parks and Recreation Commission was very committed to environmental preservation, Ms. Lemasters noted that people were also an important part of this equation. Ms. Lemasters expressed the Commission’s support for the applicant’s proposal for recreational amenities in the Meadowmont special use permits.

Council Member Andresen presented a memorandum to the Council suggesting that the Council direct Town staff to perform a traffic study on the neighborhoods which would be impacted by Meadowmont. She said that such a study could include: the intersections of NC 54 & US 15-501, NC 54&I-40, Cleland Drive and U.S.15-501, Greenwood Drive & NC 54, and Pinehurst Drive and Ephesus Church Road. Council Member Andresen said that the Council needed to know the full extent of the impacts before voting on the special use permits for Meadowmont.

Council Member Pavão offered a proposal regarding traffic calming in the form of a resolution. Council Member Pavão’s proposed resolution requested the development of traffic management and traffic calming plans for areas to be impacted by the Meadowmont development.

Stating that he understood what was being requested, Mr. Horton said he believed that the data furnished by the applicant was adequate for the Council to proceed with its votes on the special use permit requests. Council Member Andresen inquired about the possibility of utilizing transportation models to measure traffic impacts. Council Member Capowski noted that the proposed commercial area for Meadowmont would be about 7/8^th size of the town’s existing downtown area.

Council Member Brown noted that the Town’s Development Ordinance contained language which provided that no existing neighborhood streets should be impacted by new developments.

Council Member Andresen said that by having data up front, the Council would know what would be necessary in order to mitigate traffic.

Roger Perry said that although another traffic study might be a fine idea, it should not hold up the progress of the applicant’s special use permit applications. Stating that Meadowmont would account for only a small portion of the projected growth along the NC 54 corridor, Mr. Perry said that Meadowmont could not be held accountable for all requested improvements to this roadway and surrounding roadways.

Council Member Franck inquired whether the turning corner radii could be made smaller to become more pedestrian friendly. Town Engineer George Small replied that although the radii were at 40 feet, which was barely adequate for delivery trucks like UPS, he could look into the matter further.

Council Member Evans informed the Council that Durham had just approved a 350 unit apartment building on Barbee Chapel Road, one or two hotels on Fearrington Road and approximately 44.000 square feet of office/retail space at the property behind the former Landlubbers Restaurant. She stated that the NC 54 corridor would be directly impacted by all of these proposed developments.

Council Member Brown inquired about the location of the playing fields recommended by the Parks and Recreation Commission . She also inquired whether utilities were prohibited in this area. Mr. Waldon briefly reviewed the playing field plans, adding that he was not certain about the situation relative to utilities. Council Member Brown requested a written response from the Army Corp. of Engineers regarding utility-related restrictions.

Mr. Perry responded that there were no restrictions of any kind regarding utilities, except for electrical lines below the flowage easement. He added that the Corps of Engineers did not have hard and fast rules, but would respond to plans submitted on a case by case basis.

Council Member Andresen requested that the Council be provided with copies of the three pages of amendments to the Goals for the East NC 54 entranceway in the Town’s master Plan. Referencing open space requirements, Council Member Andresen said she favored having five acres of pocket parks, rather than three acres of pocket parks. She also requested staff clarification regarding plans for some lots in stipulation #13 of the conditions of approval. Mr. Waldon presented an overview of the applicant’s proposal for handling this matter. Council Member Andresen inquired why curb and guttering had been eliminated from some median areas. Mr. Waldon replied that these regulations differed depending on whether or not landscaping was used, and the Durham County had different regulations from Orange County.

Council Member Capowski asked whether widening NC 54 to nine lanes would really be the best response to growing traffic congestion. Town Engineer George Small said that widening the roadway to allow for increased traffic and using well-coordinated traffic signals was the best way to accommodate the situation. He added that the ideal outcome would be to change people’s habits regarding the use of single-occupant vehicles. Council Member Capowski expressed his displeasure with the proposed plan.

Council Member Brown requested additional information regarding the proposal for 107 acres of undisturbed land north of NC 54. Mr. Waldon provided pertinent information, noting that this would include ten acres of meadow land, ranging from a few hundred feet wide to much wider areas along portions of the northern edge of NC 54.

Council Member Franck suggested the Council continue the hearing and Council meeting to June 24^th. Council Members Andresen and Capowski expressed their strong objections to holding an unscheduled public hearing on the proposed Meadowmont development. Council Member Brown suggested that the hearing be continued to July 2^nd. Mayor Waldorf and Council Member Evans expressed their support for continuing the hearing to June 24^th.

Council Member Evans suggested that the Council not vote on any Meadowmont-related matters until July 2^nd.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE HEARING UNTIL JULY 2^ND. THE MOTION PASSED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI, CHILTON AND FRANCK VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVÃO AND WIGGINS VOTING NO.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER COUNCIL MEMBER ANDRESEN’S AND COUNCIL MEMBER PAVÃO’S RESOLUTIONS TO STAFF FOR INCLUSION ON THE JULY 2^ND AGENDA. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE MEETING UNTIL JUNE 24^TH AT 7:00 P.M. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting stood adjourned at 11:15 p.m.