SUMMARY OF A MEETING HELD BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, AUGUST 25, 1997, 7:00 P.M.

Mayor Rosemary Waldorf called the meeting to order at 7:04 p.m. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Pat Evans, Lee Pavao and Edith Wiggins. Council Member Chilton was absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Public Works Director Bruce Heflin, Town Engineer George Small, Solid Waste Director Gayle Wilson and Town Attorney Ralph Karpinos.

Item 1 Ceremony

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 1.

Council Member Wiggins noted that the resolution commended the University of North Carolina for its measures to reduce the abuse of alcoholic beverages. Noting that the party/event had attracted 5,000 students, Mayor Waldorf said that such events required a lot of effort in order to enjoy this level of success. Mayor Waldorf said that she had walked around many other parts of the Town on the evening of the event and found the other areas to be very calm and quiet.

RESOLUTION 1 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION COMMENDING THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL FOR ITS EFFORTS TO ENCOURAGE LEGAL AND RESPONSIBLE CONSUMPTION OF ALCOHOL (97-8-25/R-1)

WHEREAS, the University of North Carolina at Chapel Hill’s goal is to provide a quality education and to develop life long learning habits for its students, and in order for students to best be able to achieve these goals, the University has made a commitment to a more alcohol-free environment; and

WHEREAS, the University has been seriously addressing the issues of alcohol, particularly underage drinking, binge drinking, fraternity and sorority drinking, and alumni alcohol consumption related to athletic events; and

WHEREAS, promotional efforts encourage responsible drinking for those old enough to drink and Fall Fest held on Sunday, August 17, 1997 was an alcohol-free event held on the campus, with an estimated 5,000 attendees; and

WHEREAS, University students are a valuable resource to our community through their volunteer work in and financial contributions to community agencies;

NOW, THEREFORE, BE IT RESOLVED by the Chapel Hill Town Council that the Council commends the University of North Carolina at Chapel Hill for its efforts to encourage legal and responsible consumption of alcohol.

This the 25th day of August, 1997.

There were no public hearing items.

Item 3 Petitions

Orange Community Housing Corporation Executive Director Donna Dyer said she was ready to answer any questions regarding the Corporation’s request for expedited review of affordable housing opportunities in the proposed Meadowmont development.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REFER THE PETITION TO STAFF FOR A FOLLOW-UP REPORT AND RECOMMENDATION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Joe Straley, a long-time resident of Davie Circle and former Town Alderman, requested the Council’s assistance in removing parking restrictions on Davie Circle.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECEIVE AND REFER MR. STRALEY’S PETITION FOR A FOLLOW-UP REPORT AND RECOMMENDATIONS BY STAFF.

Council Member Andresen said it would be helpful for the staff’s report to have information about the genesis of the initial request for parking restrictions on Davie Circle.

THE MOTION WA S ADOPTED UNANIMOUSLY (8-0).

Richard “Stick” Williams, President of the Public-Private Partnership (“PPP”), requested that the Council consider changing its November 10^th Council meeting to another date, in order that Council Members and other persons wishing to do so could attend the PPP Conference in Ann Arbor, Michigan, slated for November 10^th-12^th.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE MR. WILLIAMS’ PETITION AND CONSIDER IT AT AGENDA ITEM NUMBER TEN, THE COUNCIL’S PROPOSED MEETING CALENDAR FOR THE BALANCE OF 1997 AND ALL OF 1998. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER TO STAFF, A PETITION FROM THE UNIVERSITY OF NORTH CAROLINA, REGARDING A REQUEST FOR EXPEDITED REVIEW OF THE SPECIAL USE PERMIT FOR EXPANSION OF KENAN STADIUM. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, FOR STAFF TO PREPARE A REPORT ON THE FISCAL IMPLICATIONS FOR THE TOWN OF THE NEW LOWE’S STORE ON U.S. 15-501 AND A PLAN OF ACTION ABOUT HOW DIFFICULTIES OF THIS TYPE COULD BE AVOIDED IN THE FUTURE.

Council Member Evans said that fiscal matters were not to be considered as part of the Council’s decision making process relative to special use permit requests.

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

Council Member Brown requested a report about decisions made by Town staff relative to the Chapel Hill North project which differed from the Council’s adopted conditions of approval for the project in 1990 and 1991.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO STAFF FOR A FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Wiggins expressed appreciation to Council Member Brown for bringing this petition forward this evening.

Noting that a volunteer-related summit was slated for January 21 and 22, 1998, Council Member Capowski said it was possible that Governor Hunt might give a pep talk at this event.

Stating that Orange County taxes had risen more substantially than Town property taxes in recent years, Council Member Capowski said he encouraged all elected officials in Orange County to compare their local property tax increases with increases in their Orange County taxes. Stating that he was not against the proposed Orange County bonds, Council Member Capowski said he nonetheless felt that there should be a greater emphasis placed on putting more facilities in the southern portion of Orange County.

Council Member Andresen requested that Town staff prepare a follow-up report on the number of requests for expedited development review and a detailed report on the criteria used by Town staff to evaluate these requests. There was Council concurrence with this request.

Referencing a number of larger trees recently cut down at the corner of Franklin and Columbia Streets, Council Member Andresen requested that Town staff prepare a report about what could be done to afford greater protection to significant trees in the downtown area. There was Council concurrence with this request.

Representing members of St. Paul’s AME Church, Frances Hargraves thanked the Council for the sidewalk and curb and guttering project recently completed along Merritt Mill Road. Ms. Hargraves also noted that her church would be holding a revival festival this week.

Item 4.1 Consent Agenda

Mayor Waldorf requested the removal of item j from the consent agenda. Council Member Brown requested the removal of item a, the minutes of several previous Council meetings. Council Member Andresen requested the removal of item k for discussion.

Joel Schwartz expressed his support for the Manager’s recommendation regarding item 4.1d, South Lakeshore Drive parking restrictions.

Neil Alderman, representing Jackie Bodine, requested that the Council remove item 4.1m, regarding Town-owned land at Church and Caldwell Streets, from this evening’s agenda. Mayor Waldorf suggested that item m be removed from this evening’s consent agenda. There was Council concurrence regarding this suggestion.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS A, J, K AND M. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-8-25/R-2)

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

a. Minutes of May 27, June 9, 16, 27, July 2, 3 and 7.

b. Nominations to Noise Ordinance Committee and Sustainable Development Task Force.

c. Refuse truck bid award (R-3)

d. South Lakeshore Drive parking restrictions (O-1).

e. Renewal of tax collection contract with Durham County (R-4).

f. Revision to pay and classification ordinance (O-2).

g. Calling hearing on proposed amendment of Community Development Block Grant program to allow for purchase of van for Residents’ Council (R-5).

h. Transportation Improvement Program process/schedule (R-6).

i. Transportation Planning Grant project ordinance (O-3).

j. Comments on Mount Carmel Road feasibility study by the North Carolina Department of Transportation (R-7).

k. Schedule for planning-related reports (R-8).

l. Proposed HOME program guidelines (R-9).

m. Town-owned lot at Church and Caldwell Streets (R-9.1a and b).

This the 25^th day of August, 1997.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO USE THE OPTION TO PURCHASE AN ADDITIONAL FRONT LOADER (97-8-25/R-3)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on May 18, 1997, in accordance with G. S. 143-129 for the purchase of a front loader; and

WHEREAS, the low bid submitted by Cavalier Equipment Company of $126,305 included an option to purchase additional vehicles for a 3-month period to September 9, 1997, at this same price;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to use the option to acquire a front loader from Cavalier Equipment Corporation in the amount of $126,305.

This the 25^th day of August, 1997.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(97-8-25/O-1)

BE IT ORDAINED by the Council of Chapel Hill:

SECTION I

That section 21-27.8 of the Town code of Ordinances, “No parking anytime except by residential permit.” Is amended by deleting the following:

STREET SIDE FROM TO

South Lakeshore Drive East A point 185 feet north A point 980 feet north

of the centerline of of the centerline of

Ridgecrest Road Ridgecrest Road

SECTION II

That section 21-27.8 of the Town code of Ordinances, “No parking anytime except by residential permit.” Is amended by inserting the following therein, in appropriate alphabetical order:

STREET SIDE FROM TO

South Lakeshore Drive East A point 880 feet north A point 980 feet north

of the centerline of of the centerline of

Ridgecrest Road Ridgecrest Road

SECTION III

This ordinance shall become effective October 1, 1997.

SECTION IV

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

This the 25th day of August, 1997.

A RESOLUTION RENEWING A TAX COLLECTION CONTRACT WITH DURHAM COUNTY (97-8-25/R-4)

BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF CHAPEL HILL, that the Town Council authorizes the Manager to execute the attached tax collection contract with Durham covering the collection of all Town property taxes in the portion of the Town located in Durham County for the next four fiscal years beginning July I, l997.

This the 25^th day of August, 1997.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN dated October 1, 1997 (97-8-25/O-2)

BE IT ORDAINED by the Council of Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning October 1, 1997 (97-6-23/O-7) " as follows:

In Section III in grade 17 ADD the title Landfill Recycling Materials Handler

In Section IV, part C, in the Solid Waste Management Department, Recycling Division ADD the lines:

Full-time Part-time Grade No.

# hrs. # hrs.

Landfill Recycling

Materials Handler 1 40 - - 17

This the 25^th day of August, 1997.

A RESOLUTION APPROVING A PROCESS TO AMEND THE 1997 - 98 COMMUNITY DEVELOPMENT PROGRAM (97-8-25/R-5 )

WHEREAS, the Town has an ongoing interest in the promotion of Community Development activities in the Town of Chapel Hill; and

WHEREAS, the Town would use approximately $25,000 of Community Development Block Grant program income for alternative activities;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill schedules a public hearing for September 22, 1997 at 7:00 p.m. in the Council Chamber, Chapel Hill Town Hall, 306 North Columbia Street, to receive citizen comments on a proposed amendment to the 1997 - 98 Community Development Block Grant program.

BE IT FURTHER RESOLVED that the Council adopts the following process to amend the 1997 - 98 Community Development Block Grant program:

· publish a notice in the Chapel Hill Herald to announce the time and date of the public hearing; and

· take into account any citizen comments received at the September 22, 1997 public hearing while considering the proposed amendment; and

· publish a second notice in local newspapers that would include a specific dollar amount for the proposed amendment; and

· review the amendment with the Housing and Community Development Advisory Board on September 23, 1997;

· return to the Council on October 13, 1997 for final consideration of the amendment; and

· if approved, submit a revised 1997 - 98 Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban Development; and

· begin a 30 day public comment period on September 8, 1997.

This the 25^th day of August, 1997.

A RESOLUTION CALLING A PUBLIC FORUM TO RECEIVE PUBLIC COMMENT ON THE 1999-2005 TRANSPORTATION PROJECT PRIORITY LIST (97-8-25/R-6)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has requested 1999-2005 local transportation priority lists be submitted by October 15, 1997; and

WHEREAS, the Town of Chapel Hill prepared a 1998-2004 Project Priority List;

NOW, THEREFORE, BE IT RESOLVED by the Town of Chapel Hill that the Council requests that Town Advisory Boards provide comments for developing a 1999-2005 Priority List; and.

BE IT FURTHER RESOLVED that the Council calls a public forum for September 22, 1997 at 7 p.m. in the Council Chambers, 306 N. Columbia, to receive public comment on the Draft 1999-2005 Project Priority List.

This the 25^th day of August, 1997.

AN ORDINANCE TO ADOPT A GRANT PROJECT ORDINANCE FOR A TRANSIT PROJECT (97-8-25/O-3)

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, the following grant project ordinance is hereby adopted:

SECTION I

The project authorized is a Transit Planning Grant, more specifically known as a Federal Transit Administration Planning Program Section 5303 (formerly Section 8), awarded through an agreement with the City of Durham. The project provides funds for transit planning activities.

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 grant agreement executed with the Federal Transit Administration, the North Carolina Department of Transportation, and the City of Durham and within the funds appropriated herein.

SECTION III

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

City of Durham (FTA & NCDOT) $33,210

Town of Chapel Hill (local match) 3,690

$36,900

SECTION IV

The following amounts are appropriated for the project:

Salaries - Full Time $18,971

Salaries - Part Time 9,000

Fringe Benefits 4,740

FICA 689

Travel 2,000

M& R Equipment 1,000

Supplies 500

$36,900

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 Report. He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this project 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 Town Clerk.

This the 25th day of August, 1997.

A RESOLUTION TO ESTABLISH GUIDLINES FOR THE HOME PROGRAM COMMUNITY REVITALIZATION LOAN FUND (97-8-25/R-9)

WHEREAS, the Council has an ongoing interest in the development of low-income housing opportunities; and

WHEREAS, the Town of Chapel Hill is a member of the Orange County HOME Program Consortium; and

WHEREAS, on April 28, 1997, the Council approved a plan to spend $379,000 of 1997 - 98 HOME Program funds for the Orange County HOME Consortium; and

WHEREAS, on April 28, 1997, the Council budgeted $60,000 of 1997 - 98 HOME Program funds for a Neighborhood Revitalization Loan Fund (now called the Community Revitalization Loan Fund);

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill adopts the following guidelines for the HOME Program Community Revitalization Loan Fund:

Income Requirements

Loans are available to households earning less than 70% of the area median income by household size.

Principal Residence

The loan agreement will include a provision that states that the house will be used by the buyer as their primary residence. Buyers will not be permitted to use the property as a rental unit during the required twenty year affordability period.

Residency Requirement

The program will require that the prospective buyer must live or work in Orange County for at least one year prior to purchasing a home under this program.

Eligible Property Types

Funds can be used for single family dwelling units, condominium units or townhouses.

Amount of Subsidy

The maximum subsidy a buyer can receive is 30% of the sales price of the house.

Property Standards

The program will require that all prospective property must be inspected for health and safety defects prior to purchase. At minimum, the property must meet the Section 8 Housing Quality Standards at the time of initial occupancy.

If the house does not meet the Section 8 Housing Quality Standards, and repairs are necessary, the non-profit agency must ensure that the work is done properly. Payments will be processed for the rehabilitation work if the non-profit agency certifies that the work had been done satisfactorily. Representatives of Orange County, Chapel Hill, Carrboro or Hillsborough will be able to inspect the rehabilitation work in progress when partial payments are requested by the non-profit agency. All funds spent during rehabilitation will be secured by a Deed of Trust and Promissory Note.

Final payment for rehabilitation work will be made when all repair work has been inspected by the appropriate Building Inspection Department to certify conformance with local building codes and minimum housing codes. The Orange County Housing and Community Development Department will certify conformity with the Section 8 Housing Quality Standards.

After the purchase, the buyer will be responsible for maintaining the dwelling unit in good condition throughout the affordability period.

Property Value

The value of the HOME assisted property to be acquired by a homebuyer cannot have a value that exceeds 95% of the area median purchase price for that type of housing as published by the U. S. Department of Housing and Urban Development (HUD).

Property value can be established by an appraisal of a qualified appraiser, or current tax assessments computed at 100% of market value.

Transfer of property that includes rehabilitation requires an appraisal. If rehabilitation of a house is required, the appraised value of the property (not the purchase price) after rehabilitation cannot exceed 95% of the median area value. The after rehabilitation value estimate must be completed prior to the investment of HOME funds.

Recapture / Resale Provisions

Upon sale of the property before expiration of the twenty year Period of Affordability, the owner will be required to repay the principal second mortgage amount. If the proceeds from sale are not sufficient to recapture the full HOME investment, plus enable the owner to recover the amount of the owner’s down payment, principal payments, and any capital improvement investment, recapture provisions for the HOME investment may be reduced.

The HOME second mortgage will be reduced pro-rata based on the amount of time the owner has owned and occupied the unit measured against the required period of affordability. If the owner complies with the terms of the Deed of Trust and Declaration Deed Restrictions, and as long as the property is used for affordable housing, the HOME second mortgage will be forgiven at the end of the twenty year Period of Affordability.

All proceeds from the sale of the dwelling unit acquired, constructed and/or rehabilitated with HOME Community Revitalization Loan Fund will be reprogrammed for other HOME Program activities.

Encumbrances

The HOME Program Deed of Trust will take a second position to the first (primary) mortgage. Orange County will not permit any additional encumbrances against the property during the Period of Affordability. If an owner refinances their first mortgage, they will be required to repay the HOME Program second mortgage.

Responsibilities of the 501 (c ) (3) Non-Profit Organization

The organization sponsoring, developing, or serving as an advocate for the potential homebuyer must provide the following information:

1. Certification that the buyer meets all eligibility criteria;

2. Evidence that primary financing has been obtained by the homebuyer;

3. Copies of all building inspections reports; and a

4. Statement of property value.

The non-profit organization must provide evidence that they have explained the program guidelines to the potential homebuyer including, but not limited to the following documents: Declaration of Deed Restrictions; Deed of Trust; and Promissory Note.

Funds will be disbursed to the appropriate party when this information is submitted and reviewed for compliance with the policies established in these guidelines.

This the 25^th day of August, 1997.

Expressing her thanks to the Council for their willingness to try to address her family’s concerns, Ms. Judy Nunn said that her family’s situation relative to future development of their property was unique because their property was next to the landfill. She requested the Council’s and Town staff’s continued assistance in resolving these concerns, including expedited review of a Special Use Permit and help with the fee.

Item 5 Appointments to Boards and Commissions

The Council cast ballots for a number of board and commission vacancies. Appointees, as announced by Mayor Waldorf, were as follows:

Appearance Commission Carolyn Goldfinch, Alice Ingram,

Wes Lawton, Cathy Walker

Board of Adjustment No appointments; carried over to September 8^th

Land Trust Task Force Henry Clark, James Pike

Planning Board Jeanette Gay Eddy

Original voting ballots are on file in the Town Clerk’s Office.

Item 6 Requests by Chapel Hill Public Arts Commission

Nancy Preston, representing the Chapel Hill Public Arts Commission, requested the Council’s preliminary approval for a sculpture project by local artist Thomas Sayre and for the expansion of the Public Arts Commission to eighteen members.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ACCEPT BOTH REQUESTS FROM THE PUBLIC ARTS COMMISSION.

Stating that she would like to vote for the requests, Council Member Andresen expressed concern that there was not more definitive information about the artist’s proposal. Council Member Pavao said that the Commission would give direction to the artist to undertake a proposal which was in scale with the surrounding area. Council Member Andresen said she was concerned that there was not more information about the proposed gathering space. Council Member Brown noted that Ms. Preston had indicated to her that the Commission’s proposal was of a preliminary nature.

Council Member Pavao said that the plan was in a conceptual stage, subject to future Council review. He added that the Chapel Hill Public Arts Commission would instruct the artist in preparing or designing the sculpture to the scale of the area.

Council Member Andresen said that she would support the proposal, given its preliminary nature.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Jane Sharp raised a number of questions regarding the significance of the varying numbers in the energy use report. Ms. Sharp volunteered the efforts of the Citizen’s Energy Task Force to assist in these analyzing matters. Mayor Waldorf requested that Town staff work with Ms. Sharp and the Task Force to increase the efficient use of energy at Town facilities. Mr. Horton noted that the staff would be addressing the very type of questions that Ms. Sharp had raised.

Item 7 Cane Creek Study Update

OWASA Board Chairperson Barry Jacobs said that the OWASA Board had put a great deal of time and effort into the protection of the community’s water supply. Mr. Jacobs said that OWASA welcomed the Council’s comments and concerns relative to the Cane Creek Study.

Council Member Andresen inquired when the Board would be making its presentation to the Orange County Commissioners on the matter. Mr. Jacobs said this report would be made in

early October.

OWASA Board Member Alan Rimer reviewed strategies to protect Cane Creek. He stated that the first line of defense to protect drinking water quality was to have good watershed management strategies, possibly including stream buffers, detention ponds, large lot zoning, cluster development, conservation easements or the large-scale purchase of land. Mr. Rimer said that the four options for the Council to consider were the establishment/use of: (1) mini-lakes, (2) stormwater ponds, (3) large lot zoning or (4) creative open space. Stating that although it was a relatively expensive option, necessitating outlays of about $6 million for land acquisition, the OWASA Board felt that the preferable long-term option was to encourage creative open space strategies, requiring two-acre minimum lots and open space preservation.

Council Member Franck inquired which agency would take the lead role in the transfer of development rights. Mr. Rimer said the Board hoped that the Town would take the initiative in this regard. Mayor Waldorf inquired whether this agency would get things rolling or would accept transfers in density. Mr. Rimer said the OWASA Board saw the same agency handling both items. Council Member Franck said it was important to make sure that agricultural uses could continue as an option for land use. Mr. Rimer said there were a fair number of tracts of lands which could be used for agricultural purposes. Council Member Franck commended the OWASA Board for their efforts to preserve water quality.

Council Member Evans said that the transfer of development rights might be at the bottom of the priority list due to the difficulty of increasing densities in most areas. Mr. Jacobs said that the OWASA Board was looking into the possibility of some downzoning and putting some of this land back on the market. He added that at present Orange County only had voluntary open space plans.

Stating that there was a good possibility of significant growth in Alamance County in the near future, Council Member Andresen said she hoped that OWASA would think about including Alamance County in the next stage of the process. She also said that large-lot zoning appeared to be the least expensive of the options outlined by the OWASA Board. Mr. Rimer said that two and five-acre lots and creative open space offered the same opportunity for preserving water quality. He added that the marginal difference in cost between the two options was not insignificant.

Mayor Waldorf inquired how the Council could assist the OWASA Board in its efforts. Mr. Jacobs said that the OWASA Board would be happy to answer any other questions from the Council and would welcome any comments or suggestions by the Council.

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

Item 8 Solid Waste Management Reorganization Options

Bob Jessup, a local attorney, commissioned by Orange County and the Towns of Carrboro, Chapel Hill and Hillsborough to provide counsel on solid waste reorganization matters, presented an overview of the most recent draft of an agreement regarding solid waste organization. Mr. Jessup said that there was a broad-based consensus to reach agreement on the matters by December 1^st, 1997 in order to keep the process moving forward. Mr. Jessup said he was here this evening to listen to the Council’s comments and discussion about the draft agreement.

Referencing page eight of the proposed agreement regarding rates, fees and charges, Council Member Franck said he preferred to give Orange County a little bit more flexibility in this area.

Mr. Jessup said that no governmental body wanted Orange County to be able to declare what could or could not be recycled. He said the other side of this matter was that local governments were concerned about potential cost items.

Referencing the next to last paragraph on page two of Mr. Jessup’s memorandum, Council Member Brown requested a clarification regarding a list of benefits for impacted neighborhoods.

Mr. Jessup said that this significant change in wording had been made at the last meeting of the working group, since some participants had indicated that they would not sign the agreement unless this item were enumerated within the agreement. Referencing complications which might be encountered in providing benefits, Mayor Waldorf said upon reflection she had drafted alternative language to propose to the Council this evening regarding this item. She suggested that language in the agreement refer to process, rather than benefits.

Noting that she had been surprised to see the revised language, Council Member Brown said she was glad to hear Mayor Waldorf’s comments and suggestion. Council Member Andresen inquired about the significance of ten percent limit for tip fee increases by the County referred to in the agreement relative to tipping fees. Mayor Waldorf said that the Town of Carrboro favored five percent, rather than ten percent. Mr. Jessup noted that one member of the Carrboro contingent favored ten percent, while the other two representatives were opposed to ten percent.

Council Member Brown requested that the Town Council receive copies of the draft of benefits to be provided the neighborhood of the present landfill. She requested comments on the legal and political issues raised by this draft from the Town Attorney and Town Manager. Mayor Waldorf said she thought that it was important to share this information.

Referencing page five of the draft interlocal agreement, Council Member Brown requested additional information regarding the extent of mitigation efforts for property owners adjacent to or abutting the landfill site. Mr. Jessup said it was no one’s intent to limit these bounds. He added that the word “community” was supposed to be the most dominant one in these paragraphs. Mr. Jessup also said that the word “abutting” was used instead of neighborhood.

Referencing point 2.04 of the draft agreement, Council Member Brown inquired who would own the waste and recyclables and receive benefits from them. Mr. Jessup said that Orange County would have these roles and responsibilities. Council Member Brown inquired what would happen if any of the entities chose to privatize solid waste collection. Mr. Jessup said that individual entities would maintain an obligation to bring their waste to the County’s facility.

Council Member Evans asked whether or not the University would be prohibited from disposing of ash or other products elsewhere. Mr. Horton said that the University of North Carolina would not be a partner in this proposed agreement.

Council Member Brown inquired whether or not Article 4.02(I) was referring to a collection ban. Mr. Jessup said not necessarily, since local governments had to agree to what could be in the general waste stream and what needed to be separated out of the waste stream.

Council Member Capowski inquired whether or not it was correct that Orange County could not receive waste from another county. Mr. Wilson said that there was an existing ordinance which

prohibited the acceptance of out of county waste at the Orange Regional Landfill facility.

Council Member Capowski noted that the recycling program was run by Orange County and funded by tipping fees charged to the four governmental entities. He stated that as a practical matter a landfill was working against itself, with recycling reducing revenues to the landfill.

Mr. Jessup noted that language in Section 5.08 contemplated that these charges would continue to be charged to local government entities. Council Member Capowski noted that there was a

great economic incentive to deliver less to the landfill since entities would not have to pay as much in the way of landfill tipping fees. Stating that this would be in the Town’s best interest, Mr. Jessup noted that Orange County would operate the overall enterprise and would want to

have as much waste as possible delivered to the landfill facility.

Mirroring Council Member Brown’s observations, Council Member Capowski said he thought that all major outstanding issues would be resolved before proceeding with an agreement for the transfer of the ownership of the landfill facility to Orange County. He also noted that the agreement specifically excluded the Greene tract. Stating that the Orange County Commissioners had expressed similar concerns, Mr. Jessup noted that the draft document specified that there would be no transfer of employees and other items until there was complete agreement on all solid waste management items. Mayor Waldorf said that there appeared to be a presumption that the Greene tract issue had to be settled. Council Member Franck said that another possibility was to include language which would provide that any leftover proceeds from the Green tract would be split among the three landfill owners according to the proportion of the landfill that each owned. Council Member Brown said she did not favor any language to this effect without opportunities for public comment.

Council Member Andresen said she favored having an agreement which would provide flexibility for local government entities to have some control over what would and would not be accepted as waste at the landfill facility. Mr. Jessup said that Town of Carrboro officials had expressed similar concerns at the first meeting regarding the draft agreement.

Council Member Brown said that the draft document gave Orange County tremendous power over solid waste management decisions. Mr. Jessup said that the draft agreement attempted to establish that all of the local government entities would work cooperatively in handling solid waste management operations and related matters. Council Member Brown stated that if the agreement went forward as drafted, the communications of other entities to Orange County on solid waste matters would be advisory in nature. Mr. Jessup said that there was no way of getting around this basic point. Council Member Brown inquired who would determine what constituted “reasonably consistent” as referenced in the agreement. Mr. Jessup stated that all parties to the agreement were charged to act reasonably, with Orange County having responsibility for day to day operations of the landfill facility.

Council Member Brown requested additional information about the language on page fourteen of the draft agreement regarding the withdrawal of parties from the agreement. Mr. Jessup said that entities were required to give a full one-year notice in order to withdraw from the agreement and would be required to bring solid waste and recyclables to the landfill facility until debt existing when they withdrew were fully paid.

Council Member Capowski inquired whether or not it was correct that Orange County’s General Fund monies could not be used for solid waste purpose. Mr. Jessup said that Orange County was not required to spend these funds for solid waste and would not want to default on bonds using General Fund proceeds. Expressing concern about the potential for double taxation of Town residents, Council Member Capowski said he favored having language in the agreement which would prohibit Orange County form using General Fund money for landfill purposes.

Mr. Karpinos said that the Town had no basis on which to tell Orange County how to expend

its General Fund monies.

Council Member Franck said it appeared that some amendments to the existing Solid Waste Management Plan were being proposed in the draft agreement. Mr. Horton noted that there were some references in the proposed agreement to an amendments process. Mr. Jessup said he planned to circulate comments made at each of the meetings regarding the draft agreement.

Council Member Brown said on the basis of the Council’s discussions this evening, thought might need to be given to alternatives if the draft agreement were not agreed to by all governing bodies.

Council Member Franck said he believed that the Landfill Owners Group was close to making recommendations on the matter of benefits to communities near the existing landfill site.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER BACK TO MR. JESSUP, THE TOWN MANAGER AND TOWN ATTORNEY FOR FOLLOW-UP AND TO ADOPT RESOLUTION 10.

Mayor Waldorf requested that Mr. Jessup, the Manager and Attorney take into account written comments received from Roger Barr regarding the proposed solid waste management agreement.

Mr.Horton noted that a smaller group of elected officials had been asked to reconvene on these discussions.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION THANKING THE LANDFILL REORGANIZATION WORKING GROUP AND REQUESTING A PROCESS AND SCHEDULE (97-8-25/R-10 )

WHEREAS, on November 13, 1996, the Orange County Assembly of Governments authorized the creation of a Landfill Reorganization Working Group composed of two elected members of each governing board, and

WHEREAS, this group was charged with developing a draft interlocal agreement concerning the organization of solid waste management in Orange County,

NOW THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council conveys its thanks to this working group for its work to date, and hereby requests that the working group reconvene in early October to consider comments made by the governing bodies, to revise the draft agreement accordingly, and to submit the revised draft to the governing bodies with the objective of having a mutually acceptable interlocal agreement ready for approval by all governing bodies by the end of November.

BE IT FURTHER RESOLVED that this resolution be respectfully forwarded to the elected bodies of Carrboro, Orange County and Hillsborough.

This the 25^th day of August, 1997.

Item 9 Follow-up on Gammon Petition

Mr. Waldon said that staff recommended that the Council take no action at this time on the matter regarding rezoning and special use permit applications.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 10.1.

Council Member Andresen inquired whether or not the adoption of Resolution 10.1 meant that the application would work through the Town’s standard development review process. Stating that the application had been filed, Mr. Horton said that the application would be processed in the normal manner.

RESOLUTION 10.1 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CONCERNING THE PETITION OF MR. ROLAND GAMMON

(97-8-25/R-10.1)

WHEREAS, the Council received a petition from Mr. Roland Gammon on July 7, 1997 concerning his request to consider changing the Town’s Land Use Plan; and

WHEREAS, the Council has considered options for responding to this request;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council affirms its intention to consider the issues raised by Mr. Roland Gammon in the context of reviewing the conditional zoning and special use permit applications submitted for the site.

This the 25^th day of August, 1997.

Item 10 Proposed Council Meeting Calendar

Mr. Horton briefly reviewed the proposed Council meeting calendar. Council Member Andresen suggested that the Council only adopt a meeting calendar through December, 1997 this evening. Council Member Evans said that she favored adopting the entire proposed calendar this evening.

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

Stating that he did not believe that the Council needed to have a second retreat meeting, Council Member Capowski suggested deleting the August, 1998 retreat meeting from the Council’s meeting schedule. The motioner and seconder concurred with this proposal. Council Member Brown said she favored maintaining the flexibility to put this back in the Council’s meeting calendar in the future. She suggested that the Council revisit the matter at its January, 1998 planning retreat session.

RESOLUTION 11, EXCLUDING THE AUGUST RETREAT SESSION, WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING A CALENDAR OF COUNCIL MEETINGS THROUGH DECEMBER, 1998 (97-8-25/R-11) (Adopted by Town Council August 25, 1997)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following calendar of Council meetings. Meetings will be at 7 p.m. unless otherwise noted.

Remainder of 1997

Month	Day of week	Date	Type of meeting	Notes
September	Friday	5	planning session	8:30 am; Aqueduct Conference Center
	Monday	8	business
	Friday	12	evaluation of performance of the Manager and Attorney	7:30 am; 1st floor conference room, Town Hall
	Monday	15	hearing
	Monday	22	business
	Thursday	25	Orange County Assembly of Governments	proposed by Orange County; time and date to be determined.
October		1-3		Rosh Hashanah (sundown on the 1^st through sundown on the 3^rd)
	Monday	6		available for work session
	Friday	10-11		Yom Kippur (sundown on the 10^th through sundown on the 11^th)
	Sunday	12		University Day
	Monday	13	business
		19-21		NC League of Municipalities’ annual meeting (Raleigh)
	Tuesday	21	hearing
	Monday	27	business
November	Monday	3		available for work session, etc.

Remainder of 1997

Month	Day of week	Date	Type of meeting	Notes
		4		elections
	Monday	10-12		Public-Private Partnership trip to Ann Arbor
		11		Veterans' Day (not a Town holiday; federal holiday)
	Thursday	13	business
	Monday	17	hearing
	Monday	24	business
December	Monday	1	business
		2-6		National League of Cities meeting (Philadelphia)
		24		Hanukkah begins

1998

Month	Day of week	Date	Type of Meeting	Notes
January	Monday	5		available for work session, etc.
	Monday	12	business	Human Services Advisory Board's annual needs report
	Saturday	17	planning session	8:30 am; location to be determined; includes budget/financial overview UNC men’s basketball: Appalachian State, 4 p.m. at home
		19		Martin Luther King Jr. Birthday holiday
	Wednesday	21	hearing
	Monday	26	business
	Tuesday	27	public forum and hearing	budget, capital program, Comprehensive Grant, HOME program, Community Development grant, Downtown Service District; potential legislative requests
February	Monday	2		available for work session

1998

Month	Day of week	Date	Type of Meeting		Notes
	Monday	9		business		setting scope of February 23 forum on legislative requests
	Monday	16		hearing		President's Day (federal holiday; not a Town holiday)
	Monday	23		business		public forum on potential legislative requests
	Friday	27		meeting with legislators		7:30 am; location to be determined; meeting date and time subject to concurrence by legislative delegation
March	Monday	2		business		submittal of proposed 1997-98 public housing budget (application deadline: 4/1); consideration of adopting legislative program (deadline for introducing local bills will be set in 1998 as part of General Assembly's rules for the session); submittal of potential changes to service plan for Downtown District for public hearing on May 13 (any changes in service plan must be adopted by 6/30/97 for 1997-98) request to County for Library, Parks and Recreation and Project Turnaround funding; authorizing boards to make presentations to the County Commissioners
		7-10				National League of Cities meeting (Washington, DC)
	Wednesday	11		hearings
	Wednesday	18		budget work session #1		6 p.m.; submittal of preliminary budget report and capital program and proposed plans for using housing and community development grants including County-wide HOME program
		16-20				UNC spring break
	Monday	23		business

1998

Month	Day of week	Date	Type of Meeting	Notes
	Tuesday	24	budget work session #2	6 p.m.; with boards and commissions
		30		NCAA Division I men’s basketball championship
April	Monday	6	business meeting and public forum and hearing	recommendation by the Human Services Advisory Board on the total amount to be allocated for human services performance agreements in 1998-99 on preliminary budget report; capital program; Comprehensive Grant, HOME grant program, Community Development grant; and potential changes to the Downtown Service District boundary and service plan
	Wednesday	8	joint planning hearings	location to be determined (date proposed subject to concurrence by other local governing boards)
		10		Good Friday holiday
		10-18		Passover
		13-17		City schools’ spring break
	Monday	20	hearing
	Monday	27	business	submittal of: · recommended budget and capital program · proposed revisions to the 1997-98 Public Housing budget (deadline for filing: 6/30); · proposed plans for using grants: 1. Comprehensive grant (deadline:6/1), 2. HOME program (deadline: 5/15) and 3. Community Development grant (deadline: 5/15)

1998

Month	Day of week	Date	Type of Meeting	Notes
	Wednesday	29	budget work session #3	6 p.m.
May	Monday	4	budget work session #4	6 p.m.; if needed
		5		primary election
	Monday	11	business
	Wednesday	13	hearing	budget, capital program, Downtown Service District
		17		UNC graduation; Sunday
	Monday	18	hearing
	Wednesday	20	budget work session #5	6 p.m.
	Tuesday	26	business
June		1		available for forum or work session if needed; day before potential run-off election
		2		potential date for run-off election
		6		High school graduations; Saturday
	Monday	8	business	consideration of adopting budget and related items
	Monday	15	hearing
	Monday	22	business	consideration of performance agreements: · visitor information and cultural events funded with hotel-motel taxes, · human services (including recommendations by Human Services Advisory Board) and · Downtown Service District; year-end budget amendment

1998

Month	Day of week	Date	Type of Meeting	Notes
	Monday	29		available for work session, etc. if needed
July		4		Independence Day; Saturday
	Monday	6	business
August	Monday	24	business
September		7		Labor Day holiday (Monday)
	Wednesday	9	business
	Monday	14	hearings
		20-22		Rosh Hashanah (sundown on the 20^th through sundown on the 22^nd)
	Monday	28	business
		29-30		Yom Kippur (sundown on the 29^th through sundown on the 30^th)
October	Monday	5		available for work session
	Wednesday	7	joint planning hearing	location to be determined (date proposed subject to concurrence by boards)
	Monday	12	business	University Day; Columbus Day (not a Town holiday)
		18-20		NC League of Municipalities meeting (Charlotte)
	Wednesday	21	hearing
	Monday	26	business
November	Monday	2		available for work session, etc.
		3		election
	Monday	9	business
		11		Veterans' Day (not a Town holiday; federal holiday)
	Monday	16	hearing

1998

Month	Day of week	Date	Type of Meeting	Notes
	Monday	23	business
		30		available for work session
December		2-5		National League of Cities meeting (San Antonio)
	Monday	7	business
		14		Hanukkah begins (Monday)

This the 25th day of August, 1997.

Item 11 Hurricane Fran Anniversary Observance

Mayor Waldorf said she was proposing that a Hurricane Fran anniversary observance be held involving the efforts of some Town staff and community volunteers. Mayor Waldorf said she was open to any ideas and suggestions. Council Member Evans said it was important not to forget about the University.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTON 12, WITH OBSERVANCE DATES OF OCTOBER 24^TH AND 25^TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ESTABLISHING A TWO-DAY OBSERVANCE OF THE FIRST ANNIVERSARY OF HURRICANE FRAN (97-8-25/R-12)

WHEREAS, Hurricane Fran arrived in Chapel Hill on September 5, 1996, and caused enormous physical damage and psychological trauma, and

WHEREAS, the citizens of the Town of Chapel Hill reacted with courage and cooperation to help their neighbors and their community to recover from the hurricane,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that October 24^th and 25^th are established as the observance of the anniversary of Hurricane Fran, with programming to include community work and a community picnic.

This the 25^th day of August, 1997.

Item 4.1j Comments on Mount Carmel Church Road Feasibility Study

Mayor Waldorf, Council Member Andresen and Council Member Capowski suggested revised language regarding the proposed resolution.

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

A RESOLUTION REQUESTING THAT THE NORTH CAROLINA DEPARTMENT OF TRANSPORTION AMEND THE SCOPE OF THE PROPOSED FEASIBILITY STUDY FOR MT. CARMEL CHURCH ROAD (97-8-25/R-7)

WHEREAS, the Town of Chapel Hill has included improvements to Mt. Carmel Church Road in its 1998-2004 Transportation Project Priority List; and

WHEREAS the requested improvements along Mt. Carmel Church Road are limited to bicycle, pedestrian, intersection and transit accommodations; and

WHEREAS, the Town’s Southern Small Area Plan includes low density development along Mt. Carmel Church Road; and

WHEREAS, the State Department of Transportation has proposed to complete a feasibility study for widening Mt. Carmel Church Road to a multi-lane facility from U.S. 15-501 to U.S. 64; and

WHEREAS, the proposed feasibility study is inconsistent with the Town’s Small Area Plan and the project scope of the 1998-2004 Priority List;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the North Carolina Department of Transportation amend the scope of the proposed feasibility study to be consistent with the description included in the Town’s 1998-2004 Transportation Project Priority List, with only turn lanes (spot safety improvements), independent bicycle lanes, pedestrian and transit accommodations.

BE IT RESOLVED that the Council request that the NCDOT provide an explanation concerning the basis on which the Board of Transportation added Mt. Carmel Church Road Feasibility Study to the State Improvement program without first consulting the Durham/Chapel Hill/Carrboro Transportation Advisory Committee.

This the 25^th day of August, 1997.

Item 4.1k Proposed Fall Schedule for Planning Reports

Referencing the staff’s follow-up report on the Comprehensive Plan, Council Member Brown said it was her recollection that this would include updated information about demographics and updated transit information. Council Member Brown also said she recalled that the Council had adopted some quite explicit language about the East Chapel Hill traffic study. Mr. Horton noted that the staff was trying to summarize information as succinctly as possible in this summary report to the Council. He noted that the actual follow-up reports would contain more detailed information.

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

A RESOLUTION ADOPTING A SCHEDULE OF REPORTS FOR PRESENTATION TO THE TOWN COUNCIL (97-8-25/R-8)

WHEREAS, the Town Council has requested a series of reports to be prepared for Council consideration during the fall of 1997; and

WHEREAS, the Council seeks to distribute the receipt of these reports across a series of meetings, for purposes of balancing staff workload and Council meeting agendas;

NOW, THEREFORE, BE IT RESOLVED that the Council adopts a schedule for preparation and receipt of these reports as outlined in a scheduling memorandum from the Town Manager dated August 25, 1997.

This the 25^th day of August, 1997.

Mayor Waldorf noted that item m had been removed from the consent agenda for discussion at another time.

Item 4.2b Environmental Impact Statements

Noting that she desired to keep consideration of this matter alive, Council Member Andresen

said she favored the Council adopting regulations in the future regarding discharges and emissions. Council Member Andresen said she could draft a proposal for future Council consideration.

Item 4.2c Follow-up on Nunn Petition

Council Member Brown inquired whether or not it was correct that it was up to the Nunn family to file for a special use permit. Mr. Horton said that the Nunns could file a formal request for a special use permit, if they chose to do so, including a letter of request for expedited review and fee reductions or waivers.

Item 4.2f Response to Petition Requesting Certain Traffic Studies

Council Member Andresen noted that she had received a different response than Town staff from Department of Transportation staff regarding the timeframe for traffic studies. Mayor Waldorf said that she would be pleased to follow-up with a letter and telephone call to the Department of Transportation on this matter.

Item 4.2g Energy Consumption in Town Buildings

Council Member Brown inquired about the viability of getting information about energy consumption in Town buildings for the entire 1996-1997 fiscal year. Noting that the Town’s former Internal Services Superintendent, Bill Terry, had recently accepted a position elsewhere, Mr. Horton said that it might be prove quite challenging to get data for the previous three reporting quarters. Council Member Brown said it would be helpful and interesting to have this information.

Noting that an emphasis was placed on energy consumption in Town buildings, Council Member

Capowski requested information regarding energy consumption in Town-owned vehicles, as opposed to buildings and facilities. Mr. Horton said that staff could report back to the Council on this matter. Council Member Wiggins also said that it would be useful for the Town’s follow-up report to contain information about the number of hours that individual buildings were in use.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER FRANCK, FOR THE COUNCIL TO GO INTO CLOSED SESSION TO DISCUSS A NUMBER OF ITEMS OF PENDING LITIGATION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Waldorf said that no public report would follow the closed session. The regular meeting concluded at 10:24 p.m.