SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

JANUARY 25, 1999, AT 7:00 P.M.

Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.

Council Members in attendance were Joyce Brown, Kevin Foy, Joe Capowski, Pat Evans, Lee Pavão and Edith Wiggins. Council Member Bateman arrived at 7:05 p.m. Council Member McClintock arrived at 7:08 p.m. Staff members in attendance were Town Manager Cal Horton, Town Attorney Ralph Karpinos, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Ruffin Hall, Finance Director Jim Baker, Planning Director Roger Waldon, Fire Chief Dan Jones, Police Chief Ralph Pendergraph, Urban Forester Curtis Brooks, Police Captain Gregg Jarvies, Transportation Planner David Bonk, Parks and Recreation Director Kathryn Spatz, Parks and Recreation Administrative Analyst Bill Webster, and Interim Town Clerk Joyce Smith.

Item 1—Presentation of Award from Triangle J Council of Governments

Regarding Tree Replacement after Hurricane Fran

Lois Nixon, substituting for Rene Wyatt, explained that she represented the Triangle J Regional Appearance Committee, which had started “Operation Fran Relief” to replace some of the hundreds of thousands of trees that were lost during Hurricane Fran in 1996. She noted that the purpose of Operation Fran Relief was to revive and replant forests throughout the six counties of the Triangle J region. Ms. Nixon recognized the NC Division of Forest Resources, Carolina Power and Light, and the National Tree Trust for making grants. She also commended Curtis Brooks the Town’s Urban Forester, and presented a plaque to Mayor Waldorf, noting that Chapel Hill had planted 45 new trees.

Mayor Waldorf thanked Triangle J for honoring Chapel Hill for “doing what we should have been doing anyway” and commended Curtis Brooks for his efforts. Mayor Waldorf explained that Chapel Hill did plant 45 trees on one day but had planted about 200 trees in all.

Item 2—Public Hearings and Status Report

a. Public Hearing on Law Enforcement Grant

Town Manager Cal Horton asked Police Captain Gregg Jarvies to present the facts about the law enforcement grant. Mr. Horton noted that the Town had been able to gain about $1.8 million in federal funds as a result of Captain Jarvies’ and the Police Department’s work.

Captain Jarvies said that this was the third year that Chapel Hill had received a block grant from the US Justice Department. He explained that this year’s grant of a little more than $67,000 had been earmarked for equipment and supplies. Captain Jarvies noted that tonight’s public hearing fulfilled the third requirement for receiving the grant.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO FORWARD THE REQUEST TO THE MANAGER FOR PROCESSING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

b. Public Hearing and Consideration of Resolution Finding Time Warner Cable’s Basic Service Tier Rates Consistent with Applicable Federal Regulations

Ruffin Hall explained that Time Warner Cable had notified the Town that it intended to set the rate at $7.67 for Chapel Hill and $9.99 for Durham, adding that a Town consultant had concluded that these rates were consistent with the law and had been properly calculated. He explained that the resolution would provide conditional approval of those rates, which represent a decrease from last year of 51 cents per month per customer for Chapel Hill and 46 cents per month per customer for Durham.

Council Member Evans asked why her bill had gone up two dollars this month. Mr. Hall replied that the decrease only applied to the basic tier. He explained that some other tiers and packages under Time Warner Cable experienced increases, adding that the Town had no jurisdiction to review those rates.

Mayor pro tem Capowski noted that the Town had achieved the goal of obtaining a very low basic service rate, and added that he was delighted with that.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING AN ORDER FINDING TIME WARNER CABLE’S PROPOSED 1999 SELECTED BASIC SERVICE TIER RATES AS REASONABLE AND PROVIDING CONDITIONAL APPROVAL (99-1-25/R-1)

WHEREAS, Time Warner Cable submitted three Federal Communications Commission 1240 Updating Annual Maximum Permitted Rates filings for regulated cable services with the Town of Chapel Hill. Time Warner Cable’s filing covers external costs, inflation, and cable system upgrade costs for the true up period of January 1, 1998 through December 31, 1998, and the projected period of January 1, 1999 through December 31, 1999; and

WHEREAS, Time Warner Cable is permitted, pursuant to the Social Contract and Thirteenth Order on Reconsideration, to estimate and recover anticipated inflation, external costs, and cable system upgrade costs for the period of January 1, 1999 through December 31, 1999; and

WHEREAS, the Town of Chapel Hill received a report from its consultant stating that Time Warner’s FCC 1240 Basic Service Tier rate calculations are in compliance with Federal Communications Commission rate making rules, and that the requested maximum permitted Basic Service Tier Selected rate was calculated in compliance with the Federal Communications Commission’s rate making rules; and

WHEREAS, Federal Communications Commission rules grant local franchise authorities an initial ninety (90) day review period, measured from the date of receipt of said filing by the franchise authority, with which to review the cable operator’s Federal Communications Commission 1240 rate filing. If said ninety (90) day review period expires before the rates go into effect, the franchise authority retains review and refund authority past the initial ninety (90) day review period as long as all inquiries from the cable operator regarding said review are responded to in writing within fifteen (15) days of said inquiry; and

WHEREAS, Time Warner Cable’s rate filing includes cost estimates for the calendar year of 1999, and said estimates shall require adjustment (true up), due to changes in the fourth quarter 1998 inflation factor which effected the 1999 Basic Service Tier Maximum Permitted Rates, in the cable operator’s subsequent Federal Communications Commission 1240 rate filing for 2000; and

WHEREAS, the Town of Chapel Hill is certified with the Federal Communications Commission to regulate Basic Service Tier rates provided by Time Warner Cable in franchise NC-0234; and

WHEREAS, Time Warner Cable did structure its 1998 true-up charges for the fourth quarter 1997 through the third quarter 1998 on the Federal Communications Commission’s published inflation factors (da980663, da981292); and

WHEREAS, Time Warner Cable did base its Basic Service Tier projected 1999 rate, in part, upon an erroneous fourth quarter 1998 inflation factor Federal Communications Commission Cable Bureau (da981974); and

WHEREAS, Time Warner Cable has by in large substantiated the other adjustments to its Basic Service Tier rate based on past and estimated cost elements; and

WHEREAS, Time Warner Cable has complied with Federal Communications Commission rate making rules, and its requested Maximum Permitted Basic Service Tier rate is found to be reasonable and subject to any refund liability due to the fourth quarter 1998 inflation factor at the time the Federal Communications Commission 1240 Basic Service Tier filing for 2000 is submitted;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Time Warner Cable’s Basic Service Tier rate assessed to subscribers within the Town of Chapel Hill shall not exceed the Maximum Permitted Rate, subject to modifications in subsequent findings by the cable operator or franchise authority for Basic Service Tier cable television programming during the 1999 calendar year; and

BE IT FURTHER RESOLVED, that Time Warner Cable may charge a Basic Service Tier rate below the approved Maximum Permitted Rate, but not above it; and

BE IT FURTHER RESOLVED, that the Town of Chapel Hill retains its authority to issue refunds or rate roll backs after the initial ninety (90) day review period with respect tot the restructured rate set out in the Federal Communications Commission 1240 filing; and

BE IT FURTHER RESOLVED, that Time Warner Cable must keep a full and accurate account of all revenues and costs associated with the aforementioned cable rate adjustment.

This the 25^th day of January, 1999.

c. Status Report on Work of Shaping Orange County’s Future

Jim Ward, a member of the Shaping Orange County’s Future Task Force, reported that the Task Force was in the process of adopting a set of guidelines for setting goals and objectives and recommending strategies. He explained that a Conflicts and Opportunities Subcommittee had designed an approach to developing shared goals among citizens who appeared to be in conflict. Mr. Ward said that this was done by reframing the issues.

Mr. Ward reported that the Task Force also recently completed its “Orange County Profile,” a concise compilation of data on current and past trends involving key issues within the County. He said that the Task Force was completing a base-line scenario of what the County might look like 30 years from now if current trends and policies persist. Mr. Ward explained that if the baseline scenario did not look positive the Task Force would develop a desirable alternative one. He noted that the Task Force had also organized a public forum on adequate public facilities ordinances in order to find out if this would help shape the future of Orange County. Mr. Ward invited the Town to participate in the forum, or to provide financial help to get it started.

Council Member McClintock noted that the School Land Use Council would be looking at the concept of concurrence—which she stated is similar but different from the public facilities ordinance—at its March meeting.

Item 3 Petitions by Citizens and Announcements by Council Members

a. Petitions by Citizens on Items Not on the Agenda

(1) Keri Booker and Daniel Stafford, representing the UNC Student Government

Ms. Booker and Mr. Stafford asked the Council to help provide better lighting in the area of East Rosemary Street, Hillsborough Street and side streets nearby. They invited the Council to take a tour with them to see specific locations that were of concern to students.

Council Members McClintock and Brown suggested that the Manager set a date for the tour.

Mayor Waldorf added that it should be done soon, before the days grow longer.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

(2) Jessica Triche, Chair of the External Relations Committee of the Executive Branch of Student Government at UNC

Ms. Triche said that there was a voting precinct dilemma on campus. She pointed out that some precincts had polling sites which were not within reasonable walking distance and that many students did not have easy access to transportation. Ms. Triche also stated that the locations of polling sites caused confusion, and that having such a large number of precincts required students to change precincts when they moved. She reported that the Executive Branch wants to suggest reducing the number of voting precincts to one or two, with one centrally located polling site.

Council Member Evans cautioned that lines at campus polling sites were already long. Ms. Triche replied that she understood that problem and wanted to work with the Board of Elections to find a solution.

Mayor Waldorf suggested that the Council make a comment in support of the request.

Council Member Foy agreed, and offered an amendment to support the request to consolidate polling places in order to make it more convenient for students.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION, AS AMENDED, TO THE ORANGE COUNTY BOARD OF ELECTIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

(3) Jill Edens, a Minister at United Church of Chapel Hill

Rev. Edens represented a group of citizens who were interested in creating an emergency center for homeless teens. She read a letter from concerned citizens which stated that there may be between ten and thirty homeless teens in Chapel Hill on any given evening. Rev. Edens remarked that leadership for resolving the problem should come from the Department of Social Services and the Police Department and from those who oversee their work, such as Orange County’s and Chapel Hill’s governing bodies.

Rev. Edens pointed out that there was no way to know whether or not such intervention would work without first trying it. She suggested setting up a drop-in center with boys and girls in separate buildings and evaluating it after eight weeks to see if the need really existed for such a service. Rev. Edens suggested that the Town obtain a student from the UNC School of Social Work who would gather data and report to the Mayor at the end of the semester. She also suggested instituting a curfew which, she argued, would create the need for a shelter.

Mayor Waldorf and Council Member Bateman thanked Rev. Edens for bringing the issue forward, noting that they too were involved in community efforts to work with homeless teens. Mayor Waldorf stated that there appeared to be support in the community for finding a solution. She added that a member of the Police Social Work Unit had been collecting data for several weeks and would soon be making a report.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

(4) Robert Reda, Town Planning Board member and former president of the Alliance of Neighborhoods

Mr. Reda asked the Council to reconsider its recent vote on the Meadowmont Special Use Permits. Pointing out that “nothing is perfect,” he stated that the Planning Board had been able to get concessions from the developers and suggested that the Council probably could get additional concessions as well. Mr. Reda gave examples of other towns which had rejected similar development proposals and had suffered consequences. Pointing out that he did not have a personal history of being particularly pro-commercial, Mr. Reda asked the Council to reconsider its vote against the Meadowmont Special Use Permits in the interest of creating a better Chapel Hill.

Town Attorney Ralph Karpinos explained that the Council had made this decision in its quasi-judicial capacity and there was no procedure available for the Council, on its own initiative, to reconsider its decision. He noted that the decision was subject to review in Superior Court, which could remand the matter back to the Council and direct that it be reconsidered. Mr. Karpinos also explained that the Meadowmont owner could submit a new application after one year, if it was similar to the application which the Council had just considered. He noted that in either case any change would have to be preceded by proper notice and public consideration of the matter. Mr. Karpinos added that if the outcome at the end of that process was different than it currently was there would again be an opportunity for anyone who disagreed to seek judicial review of the decision.

Council Member McClintock stated that some day that land would be developed. She told Mr. Reda that the Council appreciated his work.

Council Member Wiggins added that the land may even be developed the way the current developer wants it, if the Town loses in court.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

(5) Jim Protzman

Mr. Protzman, who was a Council Member when the Meadowmont Master Land Use Plan was approved, chastised the Council for what he termed a “reckless’ decision, and stated that he personally was offended and stunned that the Council did not keep the word of those who preceded it.

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

(6) Mary McDowell

Ms. McDowell, who worked for Chatham County on radioactive waste matters, said that she was concerned about the high level waste that Carolina Power and Light was proposing to keep at their nuclear plant in two fuel pools. She stated that Chatham County appreciated the motion that the Chapel Hill Town Council passed requesting that there be an open process for consideration of the license. Ms. McDowell added that Chatham County voted along with Orange County to support that open process with technical expertise and legal advice so that all options open to local governments would be available.

Ms. McDowell pointed out that there was a short time frame during which one could comment to the Nuclear Regulatory Commission, as the deadline was February 12, 1999. She asked the Council to join the effort to seek technical and legal input by donating up to $5,000 for technical consulting. Ms. McDowell reported that Orange County had voted to invest $18,000 in the effort. She said that Chatham County could basically only invest staff time because the County is about $5,000 in debt due to its fight against the low level waste. Ms. McDowell added that other municipal and county governments would be considering the matter shortly.

Council Member Brown commented that the issue was of great significance to the community.

COUNCIL MEMBER BROWN MOVED TO RECEIVE AND REFER THE PETITION TO THE MANAGER, WITH A FAVORABLE DECISION BY THE COUNCIL, AND ASK FOR A REPORT FROM THE MANAGER ON POSSIBLE FUNDING SOURCES FOR THE $5,000. COUNCIL MEMBER FOY SECONDED THE MOTION.

Mayor pro tem Capowski noted that several Council Members would be going on a tour of the Shearon Harris plant on January 26^th. He pointed out that Chapel Hill, being part of Orange County, had contributed about $8,000 of the County’s $18,000 contribution. Mayor pro tem Capowski stressed concern about spent fuel rods being moved from two rural areas to one rapidly growing urban area. He said that he was interested in hearing Carolina Power and Light’s explanation for why they were doing this.

Ms. McDowell stated that it would be useful to have technical experts who could respond to Carolina Power and Light’s explanation of why they were doing this. She pointed out that there were other options for dealing with nuclear waste.

Council Member Foy asked Ms. McDowell who, besides Chapel Hill and Orange County, she would be asking for financial assistance. Ms. McDowell replied that her group was approaching Durham, Lee and Wake Counties as well. She said that the facility could affect those within a fifty mile radius, adding that a serious accident could cause cancer in a 500 mile radius. Noting that Carolina Power and Light had stated that a serious accident could not happen in the new situation, Ms. McDowell reiterated her goal of having a consultant’s advice on safety options.

Council Member Evans agreed with Mayor pro tem Capowski’s comment that the Town already was committing funds through the County’s contribution.

Council Member McClintock stated that this was the wrong place for a high level dump, and expressed support for contributing funds for technical expertise.

Mayor Waldorf stated the motion was to receive and refer with the understanding that the Town would commit up to $5,000 and the Manager would advise the Council on where that money might come from. Mayor Waldorf explained that if the majority of the Council voted for this motion the Town would be making a financial commitment.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THE PETITION TO THE MANAGER TO COME BACK WITH SOURCES OF FUNDING FOR UP TO $5,000. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

(7) Benita Edwards, Chair for the Chapel Hill/Carrboro Resident Council

Ms. Edwards submitted a two-thirds petition from thirteen public housing communities for the installation of central air conditioning in all of those communities. She stated that the heat was unbearable in the summer and was especially difficult for children and the elderly. Ms. Edwards stressed that it would be “impossible” for individuals to purchase window units. She implored the Council to consider the health of its citizens and to allocate funds for this project.

Council Member Foy noted that this was the Resident Council’s official response to the Town Council’s request that they consider this issue.

Council Member Brown noted that the Council had asked for a variety of options. Mr. Horton replied that the staff was scheduled to bring a report on options.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

(8) Bill Strom

Mr. Strom petitioned the Council to ask for inclusionary zoning in its upcoming legislative requests. Citing a recent magazine article about 22 years of successful inclusionary zoning in Montgomery County, Maryland, he argued in favor of requiring a portion of new subdivisions to provide a percentage of affordable units as subsidized rentals for those who earn 65% of the community’s median income. Mr. Strom pointed out that these affordable units must be mixed into neighborhoods of higher priced homes in order to create contact, cooperation and understanding between people who live in the community.

Mr. Strom noted that this significantly reduced the need for school redistricting in Montgomery County. He asserted that the barriers of race had been replaced by the barriers of income in Chapel Hill, throughout the Triangle, and throughout the country. Mr. Strom noted that Democrats were in control of the House and stated his belief that the time was right for progress.

COUNCIL MEMBER BROWN MOVED TO RECEIVE AND REFER THE PETITION AND TO INCLUDE IT IN AGENDA ITEM 4i. COUNCIL MEMBER FOY SECONDED THE MOTION.

Mayor Waldorf asked Mr. Strom if this had become state law in Maryland. Mr. Strom replied that it had.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

b. Announcements by Council Members

Council Member McClintock announced that soon the Council would be looking at candidates to fill a vacancy on the OWASA Board.

Mayor Waldorf announced that there would be a tour of the Shearon Harris plant at around noon on January 26^th.

Mayor pro tem Capowski said that this would be a County-wide tour with only twenty available slots, which he thought were filled. He said that he assumed that he had been invited because he was an electrical engineer and because he had commented publicly on this issue.

Item 4—Consent Agenda

Council Member Wiggins asked if adoption of Resolution 10.1 would affect the item scheduled for February 8^th on recruitment of advisory board applicants. Mr. Horton responded that no it would not.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO APPROVE THE CONSENT AGENDA. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(99-1-25/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 November 23 and December 9, 1998.
b.	Ordinance amending traffic regulations ordinance for public streets (O-1).
c.	Resolution declaring intent to authorize $25,000 allocation to assist First Baptist Church in conducting a feasibility study for development of housing for low income elderly people (R-3).
d.	Ordinances establishing multi-year capital project fund (O-2) (O-3) (R-3.1).
e.	Resolution accepting State grant for Dry Creek Trail (R-4) (O-3.1) (O-3.2).
f.	Ordinances allocating funds to Northern Community Park and proposed Northern Community Center (O-4a) (O-4b).
g.	Ordinance allocating funds to construct the Town’s Emergency Operations Center (O-5).
h.	Resolution amending Council meeting schedule (R-5).
i.	Resolution requesting approaches for a mixture of housing (Council Members Brown and Bateman) (R-6).
j.	Resolution authorizing staff to seek courtesy review by the Historic District Commission of plans for improvement of the Old Post Office alley (R-7).
k.	Resolution appointing Ms. Catherine Frank as liaison from the Historic District Commission to the Comprehensive Plan Work Group (Mayor Waldorf) (R-8).
L.	Resolution establishing Chapel Hill Public Arts Commission ad hoc committee for purchase of public art (R-9).
m.	Resolution authorizing bus lease to City of Greensboro (R-10).
n.	Resolution regarding the process for considering appointments to Town advisory boards and commissions (R-10.1).

This the 25^th day of January, 1999.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(99-1-25/O-1)

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

SECTION I

That Section 21-13 of the Town Code of Ordinances, “right-of-way and stop regulations" is amended by inserting the following, in appropriate alphabetical order:

Through Streets Stop Streets

Bonsail Place Callard Run

Black Tie Lane Claris Court

Black Tie Lane Somers View Drive

Kenilworth Place Glenmore Road

Lonebrook Drive Glenmore Road

Lonebrook Drive Julliette Court

Lonebrook Drive Kenilworth Place

NC 86 Blossom Lane

Nuttree Lane Brannon Court

Perry Creek Drive Middlebrook Court

Perry Creek Drive Old Markham Place

Perry Creek Drive Orchard Lane

Rossburn Way Bixley Drive

Rossburn Way Nuttree Lane

Somers View Drive Adrians Place

Somers View Drive Black Tie Lane

Somers View Drive Blossom Lane

Westminster Drive Somers View Drive

White Oak Drive Candlelight Court

SECTION II

That Section 21-11(B) (2) of the Town Code of Ordinances, "Twenty-five (25) miles per hour on the following streets: "is amended by inserting the following therein the appropriate alphabetical order:

SECTION III

This ordinance shall become effective upon adoption by the Town Council.

SECTION V

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

This 25^th day of January, 1999.

A RESOLUTION DECLARING THE TOWN’S INTENT TO PROVIDE $25,000 TO THE FIRST BAPTIST CHURCH TO CONDUCT A FEASIBILITY STUDY OF PROPERTY LOCATED ON PARK ROAD FOR PREPARATION OF A HUD SECTION 202 ELDERLY HOUSING APPLICATION (99-1-25/R-3)

WHEREAS, on December 7, 1998, the First Baptist Church asked the Council to support a HUD Section 202 Elderly Housing Application to build a 35-unit apartment facility on Park Road; and

WHEREAS, on December 8, 1998 and January 21, 1999, Consultant L. Lane Sarver submitted proposals requesting $25,000 from the Town to conduct a feasibility study of the Park Road site;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council declares its intent to provide $25,000 to the First Baptist Church to conduct a feasibility study of property located on Park Road for preparation of a HUD Section 202 Elderly Housing Application.

BE IT FURTHER RESOLVED that the Council directs the Manager to identify potential sources of funds and return to the Council at a later date with options for consideration and adoption of a budget ordinance.

This the 25^th day of January, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-1-25/O-2)

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, 1998” as duly adopted on June 8, 1998 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

CAPITAL IMPOVEMENTS

FUND

Lower Booker Creek

Trail 330,000 330,000 0

Booker Creek Linear

Park 18,000 18,000 0

Dry Creek Trail 10,800 10,800 0

Transfer to Capital

Projects Fund 0 42,800 42,800

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

CAPITAL

IMPROVEMENTS FUND

Grants 260,000 260,000 0

Fund Balance 637,570 56,000 581,570

This the 25^th day of January, 1999.

AN ORDINANCE TO ESTABLISH A CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (99-1-25/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 Statues of North Carolina, that a capital projects ordinance is hereby established for various capital projects funded from a variety of sources.

SECTION I

The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital Improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.

SECTION III

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

Metropolitan Planning Grant 56,000

State Bicycle/Pedestrian Grant 260,000

Pritchard Park Gift 100,193

Pritchard Park Interest & Rental Income 63,807

Donations 2,000

Orange County Bond Funds 105,000

Transfer from CIP Fund 42,800

Total 629,800

Amounts appropriated are for projects as follows:

Booker Creek Linear Park 20,000

Dry Creek Trail 10,800

Lower Booker Creek Trail 330,000

Pritchard Park 164,000

Southern Community Park 105,000

Total 629,800

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 25^th day of January , 1999.

A RESOLUTION ACCEPTING A $2,000 GIFT FROM MARK PROPERTIES FOR THE BOOKER CREEK LINEAR PARK PROJECT (99-1-25/R-3.1)

WHEREAS, Mark Properties has offered a gift of $2,000 to be used for the Booker Creek Linear Park project, and

WHEREAS, the Council has authorized the staff to submit a proposed conceptual plan for the project,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby accepts the $2,000 gift from Mark Properties for use in the Booker Creek Linear Park project.

BE IT FURTHUR RESOLVED by the Council that the Council thanks Mark Properties for its generous gift for this important public project.

This the 25^th day of January, 1999.

A RESOLUTION ACCEPTING A $200,000 CLEAN WATER MANAGEMENT TRUST FUND GRANT AND AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH THE CLEAN WATER MANAGEMENT TRUST FUND BOARD OF TRUSTEES (99-1-25/R-4)

WHEREAS, the Clean Water Management Trust Fund Board of Trustees has awarded a $200,000 grant to the Town of Chapel Hill for land and easement acquisition along Dry Creek, and

WHEREAS, the land and/or easements acquired could be used to extend the Dry Creek Trail and preserve riparian buffer adjacent to Dry Creek, and

WHEREAS, acceptance of the grant would require a $25,000 match from the Town of Chapel Hill,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby accepts the $200,000 Clean Water Trust Fund Grant and authorizes the Manager to execute an agreement with the Clean Water Management Trust Fund Board of Trustees.

This the 25^th day of January, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-1-25/O-3.1)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Non-departmental

Transfer to Capital

Projects Fund 0 25,000 25,000

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 1,997,741 25,000 2,022,741

This the 25^th day of January, 1999.

AN ORDINANCE TO AMEND THECAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (99-1-25/O-3.2)

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, that the capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:

SECTION I

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.

SECTION III

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

Current Budget Revised Budget

Clean Water Management Grant 0 200,000

Metropolitan Planning Grant 56,000 56,000

State Bicycle/Pedestrian Grant 260,000 260,000

Pritchard Park Gift 100,193 100,193

Pritchard Park Interest & Rental Income 63,807 63,807

Donations 2,000 2,000

Orange County Bond Funds 105,000 105,000

Transfer from CIP Fund 42,800 42,800

Transfer from General Fund 0 25,000

Total 629,800 854,800

Current Budget Revised Budget

Amounts appropriated are for projects as follows:

Booker Creek Linear Park 20,000 20,000

Dry Creek Trail 10,800 235,800

Lower Booker Creek Trail 330,000 330,000

Pritchard Park 164,000 164,000

Southern Community Park 105,000 105,000

Total 629,800 854,800

SECTION V

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 25^th day of January , 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (98-1-25/O-4a)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

CAPITAL RESERVE

FUND

Reserved for Capital

Improvements 53,000 53,000 0

Transfer to Parks Capital

Projects Fund 0 53,000 53,000

This the 25^th day of January, 1999.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR PARKS AND RECREATIONAL FACILITIES FOR 1996 PARKS AND RECREATION BOND PROJECTS (99-1-25/O-4b)

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 is hereby established for Parks and Recreational Facilities to be constructed from Parks bonds approved by the voters in November, 1986:

SECTION I

The capital project, as authorized by bond referenda approved in November 1996, 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 and park facilities, entranceways and greenways.

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 $5,000,000 $5,000,000

Reserve Fund 0 53,000

Donations 0 800

Orange County Bond Funds 0 145,000

Total $5,000,000 $5,198,800

SECTION IV

Amounts appropriated for the project are amended as follows:

Current Budget Revised Budget

Parks and Recreational Facilities $5,000,000 $5,198,800

SECTION V

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 25^th day of January, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-1-25/O-5)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Non-departmental

Transfer to Capital

Improvements Fund 302,700 30,000 332,700

CAPITAL

IMPROVEMENTS FUND 1,797,720 30,000 1,827,720

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 2,022,741 30,000 2,052,741

CAPITAL

IMPROVEMENTS FUND 303,150 30,000 333,150

This the 25^th day of January, 1999.

A RESOLUTION AMENDING THE TOWN COUNCIL’S MEETING SCHEDULE

(99-1-25/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council makes the following changes to the Council’s meeting schedule:

· Schedules a work session with the Town’s transportation consultant, Balloffet and Associates, for March 10^th at 5:30 p.m.

· Deletes the previously scheduled work session with Balloffet and Associates scheduled for February 3^rd.

· Schedules a budget work session for March 19^th from 12 noon to 6 p.m.

· Deletes the February 24^th and March 3^rd budget work sessions.

This the 25^th day of January, 1999.

A RESOLUTION DIRECTING THE TOWN MANAGER TO DRAFT APPROACHES FOR REQUIRING A MIXTURE OF HOUSING TYPES FOR NEW DEVELOPMENTS (99-1-25/R-6)

WHEREAS, the Chapel Hill Town Council desires to promote the development of a mixture of housing types in Chapel Hill; and

WHEREAS, the Council desires to encourage the development of a mixture of housing for all citizens to include moderate and low income families; and

WHEREAS, the Town’s Development Ordinance would need to be amended in order to require a mixture of housing types for new developments; and

WHEREAS, the Council has received materials gathered by Council Members Joyce Brown and Flicka Bateman describing housing strategies in other communities; and

WHEREAS, the Council wishes to promote strategies to create and maintain housing diversity in Chapel Hill and to further the goals of the Comprehensive Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council intends to explore the following goals:

· Require a mixture of housing types and sizes and establish a ratio for such to accommodate low, moderate and higher income levels within new developments.

· Develop a means to keep the low- and moderate-income level housing affordable for those income levels past initial ownership.

· Develop ways to encourage design diversity within proposed developments.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to develop ordinance options to achieve these goals for Council consideration.

BE IT FURTHER RESOLVED that the Council refers the materials to the Town Manager to assist in achieving the above goals.

This the 25^th day of January, 1999.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PRESENT THE TWO ALTERNATIVE PLANS TO THE TOWN’S COMMUNITY DESIGN AND HISTORIC DISTRICT COMMISSIONS, REVISE THE PLANS AS APPROPRIATE, DISCUSS LIGHTING OPTIONS WITH THE ADJACENT PROPERTY OWNER, DETERMINE CONSTRUCTION COST ESTIMATES, AND REPORT BACK TO THE COUNCIL

(99-1-25/R-7)

WHEREAS, additional security lighting and other physical improvements to Courthouse Alley are deemed desirable; and

WHEREAS, the Council has received a report from the Town Manager detailing two alternative approaches to providing these improvements; and

WHEREAS, the Town’s Community Design and Historic District Commissions can provide valuable advice on the relative merits of the two design approaches; and

WHEREAS, a Certificate of Appropriateness will be required from the Town’s Historic District Commission for the proposed improvements to Courthouse Alley; and

WHEREAS, the proposed alley lighting improvements will require coordination with the adjacent property owner; and

WHEREAS, the Council could utilize bond revenues available in FY 1999-2000 to construct desired improvements;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to present the two alternative plans to the Town’s Community Design and Historic District Commissions for their review and comment, revise the plans as appropriate in response to the comments provided by these two commissions, discuss alley lighting options with the adjacent property owner, determine construction cost estimates, and report back to the Council the results of these meetings along with preliminary construction cost estimates for the alternative plans.

This the 25^th day of January, 1999.

A RESOLUTION APPOINTING A LIAISON TO THE COMPREHENSIVE PLAN WORK GROUP (99-1-25/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby appoints Catherine Frank as a liaison from the Historic District Commission to the Comprehensive Plan Work Group.

BE IT FURTHER RESOLVED that Ms. Frank’s role as liaison would be to monitor the work of the Comprehensive Plan Work Group, regularly report to the Historic District Commission, and provide information to the Work Group on behalf of the Commission as needed. She would not vote or otherwise act as a member of the Work Group, but would receive all materials provided to the Work Group and would be invited to attend all meetings of the Work Group.

This the 25^th day of January, 1999.

RESOLUTION APPOINTING AD HOC COMMITTEE FOR PUBLIC ART PURCHASE (99-1-25/R-9)

WHEREAS, the Town Council desires to acquire a work of art to display in the foyer of the Town Hall; and

WHEREAS, the Public Arts Commission desires to assist the Council in acquiring an appropriate work; and

WHEREAS, Mayor Waldorf, Council Member Foy and Council Member McClintock have volunteered to serve as members of an ad hoc committee for such purpose;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council appoints Mayor Waldorf, Council Member Foy and Council Member McClintock to the Ad Hoc Committee for Public Art Purchase and charges the Committee with the following responsibilities:

1. Establish an appropriate sum to be expended for the purchase of a suitable work of art and present a recommendation to the Town Council for its consideration.

2. Request that the Public Arts Commission identify several works for consideration, preferably works by local artists.

3. Select a work for purchase and negotiate a sales price.

This the 25^th day of January, 1999.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE FOR THE USE OF FIVE BUSES BY THE CITY OF GREENSBORO FOR A PERIOD NOT TO EXCEED ONE YEAR (99-1-25/R-10)

WHEREAS, the Town of Chapel Hill owns five buses which are not currently used in daily operation, and the lease of these buses will not affect the Town’s ability to continue the current level of service; and

WHEREAS, the City of Greensboro has requested a lease of five buses to replace buses which have shown a serious fleet safety defect; and

WHEREAS, North Carolina Statute, Section 160A-272 and -274 permit this procedure for local governments to lease property, vehicles and equipment to other local governments for periods not to exceed one-year; and

WHEREAS, the terms and conditions of the attached lease would result in no financial loss to the Town and will hold the Town harmless from any liability or damages resulting from this lease of five buses to the City of Greensboro;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a lease agreement with the City of Greensboro that is substantially consistent with the terms and conditions contained in this draft lease.

This the 25^th day of January, 1999.

A RESOLUTION REGARDING THE PROCESS FOR CONSIDERING APPOINTMENTS TO TOWN ADVISORY BOARDS AND COMMISSIONS

(99-1-25/R-10.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule for appointments to Town Advisory boards and commissions:

May 10 Orange Water and Sewer Authority Board of Directors

Planning Board

May 24 Historic District Commission

Transportation Board

Library Board of Trustees

June 14 Board of Adjustment

Greenways Commission

Parks and Recreation Commission

June 28 Housing and Community Development Advisory Board

Human Services Advisory Board

Personnel Appeals Committee

This the 25^th day of January, 1999.

Item 5—Information Reports

Mayor pro tem Capowski pulled 5a.

Item 6—Nominations and Appointments

a. Nominations to the Greenways Commission

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE CHRISTOPHER CITY TO THE GREENWAYS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Waldorf pointed out that there still was a vacancy on the Greenways Commission and that anyone who wanted to may apply.

b. Nominations and Appointments to the Special Work Group to Study the NC 54/Hamilton Road Intersection Area and Appointments to the Chapel Hill Public Arts Commission

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO APPOINT ALL OF THE APPLICANTS TO THE SPECIAL WORK GROUP TO STUDY THE NC 54/HAMILTON ROAD INTERSECTION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Waldorf and Council Member Bateman asked if a time limit had been given to the Work Group. Council Member Evans replied that it had been asked to meet with the Council in three months and to come back with a report in six months.

Mayor Waldorf stated that getting a report in three or four months would be preferable.

Council Member Bateman said that there also should be representation from the Bicycle Task Force on the Special Work Group. Mr. Horton stated that even though the charge does not include the larger section of NC 54, which the Bicycle Task Force was examining, the Work Group would take into account the Task Force’s advice regarding that area.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBERS MCCLINTOCK AND FOY, TO APPOINT ALL THREE APPLICANTS TO THE CHAPEL HILL PUBLIC ARTS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Betsy Bullen

Ellen Fussell

Linda Passman

Item 7—Report from Noise Ordinance Study Committee

Council Member Brown recognized Committee Members Milton Heath, Ed Harrison, Jonathan Howes, Velma Perry, and Captain Gregg Jarvies. She commended Captain Jarvies for the good work he had done to help the Committee.

Milton Heath thanked Captain Jarvies for his technical help. He also thanked Attorney Ralph Karpinos, Council Member Joyce Brown and Dr. Noral Stewart, an acoustical consultant from Raleigh. Mr. Heath explained that Chapel Hill’s existing noise ordinance had two parts: 1) a decibel-based part, which was adopted in 1981 and amended in 1987, that regulated outdoor amplified sound; 2) a noise nuisance ordinance, which was adopted in 1990 and amended in 1991, that prohibited some nuisance noises that did not involve amplified sound.

Explaining that the Committee’s charge was to address issues that were not addressed by the current ordinance, Mr. Heath explained that it focused primarily on noise produced by institutional and commercial buildings and by HVAC systems. He said that the Committee recommended lowering the allowable decibel levels, from 60/daytime and 50/nighttime to 55/daytime and 45/nighttime. He added that this would apply if three conditions were met: 1) the noise was long in duration, or consisted of disturbing tonal sounds, or was concentrated at a single frequency, such as a siren; 2) the noise came from an HVAC system or some other mechanical system; and, 3) the noise came from an institutional, industrial or commercial location.

Mr. Heath noted that the Committee recommended applying the lower decibel levels retroactively, with a phased-in compliance period. He explained that the Town Attorney had agreed to advise the Council that a test of reasonableness should be applied. Mr. Heath pointed out that the Committee was not unanimous in its recommendations and that they realized that this would be a tough problem for the Council.

Mr. Heath stated that the Committee also recommended that the Town purchase more sensitive sound measuring equipment, institute a series of enforcement protocols and sanctions to tighten up administration of the existing ordinance, train police officers in noise enforcement, and add a statement to the noise ordinance which explained the relationship between decibel levels and audible sound, such as a 10 decibel increase doubles the loudness of the sound. According to Mr. Heath, the Committee also encouraged the Council to establish another Committee with broader representation to cover other segments of the community and to address additional issues.

Council Member McClintock asked what prevented the Committee from reaching agreement. Mr. Heath replied that the Committee could not reach unanimous agreement on lowering the decibel level and on making it retroactive. He stated that he did not recall any serious questions or reservations about the administrative and enforcement recommendations.

Council Member Wiggins stressed the importance of the Council taking a tour to hear sound levels. She asked if it would be possible for the Council to hear a sound at both 60 and 55 decibels, and asked whether Council Member Brown had done so. Council Member Brown replied that she had. Council Member Wiggins stated that she would like to have a similar opportunity.

Mayor pro tem Capowski asked Mr. Heath if the Committee had addressed traffic noise. Mr. Heath replied that the Committee had not addressed that issue specifically, and asked if there was a particular part of Town with which Mayor pro tem Capowski was concerned. Mayor pro tem Capowski said that people who live near the Chapel Hill/Durham Boulevard listened to high volumes of traffic noise. Mr. Heath replied that that would fall into the category of investigation, which had been left for another Committee.

Council Member Bateman stated that she appreciated the “reasonableness” approach to having people adapt to these changes. Mr. Heath replied that there was a legal issue involved.

Council Member Bateman said that she would like to see the 60-day time limit made more flexible, since it was difficult for institutions to make changes quickly. Mr. Heath replied that 60 days was a starting point for talking about realistic issues.

Council Member Brown pointed out that Mr. Heath was a lawyer who worked with the Institute of Government. She stated that noise was one of his areas of expertise.

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

A RESOLUTION OF APPRECIATION FOR MEMBERS OF THE NOISE ORDINANCE STUDY COMMITTEE (99-1-25/R-11)

WHEREAS, the Noise Ordinance Study Committee was established by Council in May of 1997; and

WHEREAS, the Noise Ordinance Study Committee was charged with evaluating the Town’s current noise ordinance and making recommendations to the Council regarding possible improvements in the ordinance; and

WHEREAS, members of the Noise Ordinance Study Committee have met once every month for the past fourteen months and worked diligently to accomplish the tasks set forth by the Council; and

WHEREAS, the Noise Ordinance Study Committee has presented to the Council a final report containing several recommendations that, if enacted, would improve the quality of life for all residents of our community; and

WHEREAS, Committee members Joyce Brown, Sandy Brownstein, Gary Carden, Baird Grimson, Ed Harrison, Milton Heath, Joe Herzenberg, Jonathan Howes, David Perry, Velma Perry, Bruce Runberg, Ann Rex, and Gregg Jarvies have well and faithfully served the Town of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council expresses its appreciation for the services of the members of the Noise Ordinance Study Committee to the Town of Chapel Hill.

This the 25^th day of January, 1999.

Council Member Brown moved to refer the recommendations to the staff and to ask that another committee be formed. She requested that the staff return a report on the establishment of a new committee fairly soon, noting that reports on the more controversial issues would take longer.

Council Member McClintock asked Council Member Brown if she would be willing to add aircraft noise to the future study. Council Member Brown agreed.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, THAT RECOMMENDATIONS OF THE NOISE COMMITTEE, WITH THE ADDITION OF AIRCRAFT NOISE, BE REFERRED TO THE STAFF FOR A REPORT, AND THAT ANOTHER COMMITTEE BE FORMED WITHOUT DELAY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 8—Resolution Regarding OWASA and Chatham County Water Usage

Council Member McClintock proposed changing the wording in Resolution 12 to: “Therefore be it resolved by the Chapel Hill Town Council that we support Chatham County’s use of OWASA owned land that may be suitable for the siting of an intake and other facilities necessary to draw water from Jordan Lake, to the extent that such use is compatible with OWASA’s long-term plans.”

Council Member Evans asked if Council Member McClintock would be opposed to making that statement an additional “be it further resolved” because the others were more diplomatically worded. Council Member McClintock replied that they were so diplomatic they were vague.

Mayor Waldorf agreed that Council Member McClintock’s wording was clearer.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 12, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADVISING OWASA OF THE CHAPEL HILL TOWN COUNCIL’S POLICY GUIDANCE REGARDING CHATHAM COUNTY’S REQUEST TO OWASA TO COOPERATE IN THE USE OF WATER FROM JORDAN LAKE (99-1-25/R-12)

WHEREAS, Jordan Lake represents an important future raw water supply option for OWASA and the citizens of Chapel Hill; and

WHEREAS, the development of raw and finished water supplies can be an impetus to growth and development of heretofore undeveloped areas; and

WHEREAS, sewer lines in watersheds, high amounts of impervious surface, and many point sources degrade the quality and increase the treatment expenses of our drinking water; and

WHEREAS, growth in the University Lake watershed is of concern to the Chapel Hill Town Council and those who drink water from University Lake; and

WHEREAS, the Chapel Hill Town Council believes that the Chatham County Board of Commissioners understands their concerns; and

WHEREAS, all jurisdictions share an interest in protecting the Jordan Lake water supply watershed; and

WHEREAS, the Chatham County Board of Commissioners has expressed interest in collaborating with OWASA on developing a water intake system at Jordan Lake; and

WHEREAS, OWASA has solicited feedback from its constituent governing boards; and

WHEREAS, Chapel Hill Town Council recognizes the potential environmental, technical, and economic benefits of a collaborative project with Chatham County:

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council support Chatham County’s use of OWASA owned land that may be suitable for the siting of an intake and other facilities necessary to draw water from Jordan Lake, to the extent such use is compatible with OWASA’s long-term plans.

BE IT FURTHER RESOLVED that the Council invites Chatham County, Carrboro, Orange County and OWASA to join Chapel Hill in encouraging all users and potential users to initiate a study and long-term plan to preserve Jordan Lake’s water quality.

This the 25^th day of January, 1999.

Item 9—Report on Northside and Cameron-McCauley Neighborhood Issues

Mayor Waldorf explained that this was a report back from the staff regarding work that the Planning Board and the Historic District Commission had done with the Northside and the Cameron-McCauley neighborhoods. She pointed out that the Council had a work session scheduled for February 8^th with the Historic District Commission regarding this issue.

Planning Director Roger Waldon explained that the Planning Board and the Historic District Commission had met with both neighborhoods and had summarized the long-term and short-term issues that arose at those meetings. He explained that the staff’s summary of its recommendations was on page three of its memo and that there was a point-by-point attachment. Mr. Waldon explained that the staff recommended referring some of the items to the Manager and/or the Attorney and taking others up in the Comprehensive Plan Work Group. He added that the staff recommended that the Council adopt the resolution and make the set of referrals.

Council Member Bateman asked what the Town was after in item number seven on page seven, “conduct an inventory of properties, etc…” Mr. Waldon explained that part of the finding that the Historic District Commission had to make for certificates of appropriateness would depend on some of this information. Mr. Horton added that this was another case where the staff’s geographic information system would be of great benefit.

Mayor Waldorf asked what “preservation element” meant on number ten. Mr. Waldon replied that there would be special attention given in the Comprehensive Plan to preservation of the Town’s historic districts.

Mayor Waldorf asked if that might be an overlay district or if it might be interpreted some other way. Mr. Waldon replied that he did not interpret it as a call for any overlay district but rather items threaded throughout the Comprehensive Plan that address issues related to conservation and preservation for the entire Town.

Mayor pro tem Capowski asked what “conditional use zoning should not be allowed” meant on page 13, number 22 and what the goal was. Mr. Waldon replied that he was not the best person to ask the reason why this was raised. He explained that, as he understood the concern, conditional use, or any kind of rezoning, represented an opportunity for change in use of a property, and that there had been concerns expressed by Northside residents about any non-residential incursion into Northside. Mr. Waldon stated that he believed that was the foundation for the comment, but added that he could be wrong.

Council Member McClintock asked if the Council was going to pass this resolution or merely receive it, because there were good suggestions in it of things that the Council could do. Mr. Horton replied that the staff recommended that the Council adopt the resolution that would refer the items listed in the table on page three to the Manager, the Comprehensive Plan Work Group, and the Town Attorney.

Council Member Evans pointed out that all of the concerns raised by citizens were in the report without being screened at all. She added that referring it to the Manger and Attorney would give the Council a broader picture.

Council Member Brown noted that the staff was only referring the items on the table on page three.

Mayor Waldorf inquired about items nine and ten, for more streetlights and better trimming of trees and hedges. She also asked about item 19 on page 13 regarding the bus stop. Noting that there was no specific referral to the staff but only the suggestion that the neighborhoods take this up with the Town, Mayor Waldorf suggested that someone from the staff explain that to residents at a Community Watch meeting. Mr. Horton replied that this was the staff’s intent even though it was not part of the resolution.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBERS FOY AND MCCLINTOCK, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING ISSUES RELATED TO THE CAMERON-McCAULEY AND NORTHSIDE NEIGHBORHOODS (99-1-25/R-13)

WHEREAS, the Chapel Hill Town Council requested that the Historic District Commission and the Planning Board meet respectively with residents of the Cameron-McCauley and Northside neighborhoods to discuss issues of neighborhood concern; and

WHEREAS, the two Boards submitted reports to the Town Council on these meetings; and

WHEREAS, the Town Council has considered these reports and finds that several of the items can be further pursued immediately;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests follow-up to specific issues raised in these reports by referral of specific issues as shown in the attached table.

BE IT FURTHER RESOLVED that the Council requests that a follow-up report on these referred issues be prepared for the Council’s consideration by June, 1999.

This the 25^th day of January, 1999.

Item 10—Action on Draft 2000-2006 State and Metropolitan

Transportation Improvement Program

Transportation Planner David Bonk reminded the Council that at a previous public forum it received a draft Metropolitan Transportation Improvement Program (TIP) ard comments from the public and from advisory boards. He explained that the memo before the Council was in response to comments made at that meeting. Mr. Bonk said that the memo also contained a summary of recommendations and a recommended resolution that would provide the Transportation Advisory Committee (TAC) with comments concerning the draft 2000-2006 Plan.

Council Member Evans, pointing out that this was a Durham/Chapel Hill/Carborro recommendation, asked what the form would be for dealing with concerns when working with Chatham County. Mr. Bonk replied that Chatham was a member of the Durham/Chapel Hill/Carborro Advisory Committee. He explained that the federal government established the boundary of the urban area, and that this one included northern Chatham County, who has a voting member on the TAC and a staff member on the Technical Coordinating Committee

Council Member Evans pointed out that none of the recommendations in Resolution 15 related to Chatham County, with the exception of US 15-501 South. Mr. Bonk agreed.

Council Member Evans wondered whether the ongoing problem of Chatham County residents going through Chapel Hill to get to Interstate 40 would be addressed in this forum. Mr. Bonk replied that it would be addressed in the TAC forum as part of the long-range transportation plan.

Council Member Brown asked what had happened to the idea of connecting Jack Bennett and Farrington Roads in order to relieve traffic on US 15-501. Mayor Waldorf replied that this idea had not been discussed in a long time. She added that she would be happy to bring it up again. Various Council Members expressed support that Mayor Waldorf do so.

Council Member McClintock suggested adding a sentence to the resolution that would read: “We recommend a study of short duration and a meeting of the elected boards within nine months to analyze progress toward identifying the solution of choice.”

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 15, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION PROVIDING THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE WITH RECOMMENDATIONS FOR REVISING THE DRAFT 2000-2006 METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM (99-1-25/R-15)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has released a draft 2000-2006 Metropolitan Transportation Improvement Program; and

WHEREAS, the Transportation Advisory Committee has request public comment on the draft Metropolitan Transportation Improvement Program; and

WHEREAS, the Town Council has reviewed the draft Program and received public comment;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends that the draft 2000-2006 Transportation Improvement Program be revised to include the following:

· Include funding for the construction of a sidewalk along Culbreth Road from the Surface Transportation Program Direct Allocation fund;

· Include funding in 2002 for improvements at the Erwin Road/US 15-501 intersection from the $5 million identified for US 15-501 Improvements.

· Include the Old Durham-Chapel Hill bikelane project for funding from the STP Direct Allocation program.

· Expand the scope of the I-40 Improvement Study to incorporate transit and transportation demand management alternatives and to include representatives from Chapel Hill, Orange County and Durham in the development of the scope of work, selection of consultants and oversight of the project. We recommend a study of short duration and a meeting of the elected boards within nine months to analyze progress toward identifying the solution of choice. We also recommend that the I-40 project include improvements to the I-40/NC54 interchange to accommodate future projected traffic.

This the 25^th day of January, 1999.

Council Member Brown noted that Durham County as well as Chatham County had reservations about extending Jack Bennett Road.

Mayor pro tem Capowski stated that there needed to be a way for people who live in The Oaks and in the Glen Lennox areas to safely and healthily go up the Raleigh Road hill on a bicycle. He pointed out that the segment between Burning Tree Drive and Greenwood Road needed to be less hostile toward bicyclists in both directions in order to make that stretch safer. Noting that there was nothing in the proposal or revisions that addressed this issue, and pointing out that the Hamilton Road Study Group would come back with a reply in a few months, Mayor pro tem Capowski asked if the Study Group’s recommendations would get into the TIP this year. Mr. Bonk and Mr. Horton replied that it would not. Mr. Horton added the staff would present recommendations to the citizens’ group that might “horrify” the State Department of Transportation. He said that all of these recommendations might not make it into the TIP, adding that they certainly would not all do so this year.

Mayor Waldorf cautioned that if the staff was thinking about having the Hamilton Road/NC 54 improvements funded through the TIP the Council should remember that Item 12 on tonight’s Agenda—The Lower Booker Creek Greenway—was approved by the Council three years ago. She stressed that this was fast considering how long it usually took the TIP to fund projects.

Mr. Bonk suggested that the Council might request funding, through the TAC, from the Surface Transportation Program’s Direct Allocation Program. He added, though, that this required a 20% local match and pointed out that there would not be much surplus money in that program for the next couple of years.

Mayor pro tem Capowski asked what the best approach would be to funding improvements of bicycling conditions between Burning Tree and Greenwood Roads along Raleigh Road. Mr. Bonk replied that once projects were identified they should become part of the Council’s priority list that it submits to the TAC. He said that it would then be melded together with the regional priority list and the funding would flow from that. Mr. Bonk added, though, that this process would not occur again for about a year.

Mayor Waldorf remarked that if the Town did not want to pay for these improvements itself the fastest track had been to apply for Direct Allocation Program money and then do a 20% local match. She added that the Town would then receive the funds in about three years at best. Mr. Horton agreed with Mayor Waldorf Mr. Bonk also agreed, but said that the waiting period would be two to three years.

Mayor pro tem Capowski asked how that process could be started. Mr. Horton replied that the staff could bring a resolution for the Council’s consideration that would put it into the process as a high priority item for the Council.

Mayor Waldorf added that the Town could pay for these improvements itself in this budget year. She pointed out, though, that it would take a year at least to have it built. Mr. Horton agreed.

Council Member Foy stated that the Council did not even know what it was that it wanted built there yet.

Council Member Evans reminded the Council that it already had identified as priorities the need for sidewalk improvements in the stretch between Hamilton and Burning Tree Roads and between the cut-off and Greenwood Road. Mr. Bonk replied that the project to build sidewalks is moving forward.

Council Member Evans pointed out that there will be sidewalks in that area, and asked Mayor pro tem Capowski what other changes would make the area more bicycle friendly. Mayor pro tem Capowski stated that he was not attempting to immediately solve the problem but merely was trying to identify some mechanism to fund a solution to the problem.

Mayor Waldorf suggested that Mayor pro tem Capowski ask the Special Committee which was looking at the intersection to address this and then ask the staff to look at how it could be achieved.

Mayor pro tem Capowski asked if that request could be added to the Committee’s charge. Mr. Horton replied that the he thought the Committee would not mind an additional assignment which was logically connected to their work.

Council Member Foy asked if this meant asking the Committee to discuss funding as well. Mayor Waldorf replied that it did not.

Council Member Bateman suggested that it might make more sense to refer the issue to the Bicycle Task Force. Mayor pro tem Capowski agreed.

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE STUDY OF BIKEWAYS FROM BURNING TREE DRIVE TO CAMPUS TO THE BICYCLE TASK FORCE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 11—Report on Pine Knolls Development Association Housing Program

Mr. Waldon explained that this issue had come back to the Council following a January 11^th Committee report recommending that the Council hire an administrator and move forward with the Program. He said that a recent letter from Department of Housing and Urban Development (HUD) had mandated that the $181,000 invested in four houses be returned to the Town’s Community Development Program, and that the staff recommended that Council take steps to recover those funds.

Mr. Waldon outlined two options: 1) declare the Pines Community Center in default with the Town’s performance agreements and authorize the Manager to request that the Center voluntarily transfer title to these four properties to the Town within 30 days (Resolution 16a); and 2) declare the Pines Community Center in default and declare the promissory notes and deeds of trust due immediately, which might trigger foreclosure proceedings (Resolution 16b). Mr. Waldon stated that the staff recommend adoption of Resolution 16a.

Council Member McClintock asked if Resolution 16a could be refined to allow the affordable housing stock to stay available for low income residents. Mr. Waldon replied that there was no certainty that this would happen under any of the options. He added, though, that the staff believes that Resolution 16a offers the highest chance of that happening because there was less certainty about who would ultimately own the properties if they went to a foreclosure proceeding.

Council Member McClintock asked if the Town could create such guidelines if it owned the houses. Mr. Waldon explained that it was the staff’s intent for the Town to acquire those houses but pointed out that the Town might not do so in a foreclosure proceeding.

Mayor pro tem Capowski asked what would happen if the Town passed Resolution 16a and renovated and sold the houses to low income individuals who then resold them. Mr. Waldon explained that if the Town acquired the properties the staff would bring a report on necessary steps to hire an administrator who would make the Committee’s recommended adjustments in the Program, which would address issues such as this one.

Mayor pro tem Capowski asked if it was true then that such specific language did not have to be in Resolution 16a. Mr. Waldon replied that was correct.

Council Member Bateman, noting that only seven of the nine houses had been mentioned in the report, inquired about the other two. Mr. Waldon explained that the Town had made loans to those two and that those loans had been repaid.

Rev. Bowden, explaining that he was not taking sides on this issue, argued that his people need help with housing for those making $8,000-15,000 a year. He stated that Resolution 16a might leave a better chance for affordable housing.

Randy Corbitt read a letter from her neighbor, Mrs. Faust, who was unable to attend. Mrs. Faust wrote that she had been involved in the Program since 1988. She explained that she was once afraid to drive down Johnson and Lincoln Streets but that the streets were now peaceful without drugs and alcohol. Mrs. Faust expressed gratitude to the Program administrators for making the neighborhood safe and stated that she planned to buy a house there.

Mrs. Smith stated that she was proud to live in the Pine Knolls neighborhood and said that she planned to buy a house there. Explaining that she used to have to crawl on the floor to avoid gunshots in that neighborhood, she said that she was now able to sleep at night because it was safer. Mrs. Smith expressed hope that the Council would keep the Program as it was.

Chartie Parish read a letter for her mother, Esther Foster, who could not attend the meeting. Ms. Foster asked the Council to consider the safe environment that the Program had established while repairing and saving homes. She pointed out that providing affordable and safe houses was one of the most important things a community could do for its young.

Anthony Gachie, a member of the Pine Knolls Community since 1997, told the Council that he expected to soon buy the house in which he was living. He noted that houses at 140 and 142 Lincoln Lane had been fixed up and that the women living there probably would buy them within the next couple of months. Mr. Gachie asked the Council not to act for a couple of months because by then, the houses would be sold and the Program would be back on track financially. He explained that he and others had volunteered time and hard work to repair those houses, in both summer and winter, and stated that it would be “painful” to see them go back to the Council.

Mr. Gachie explained that he was from Africa. He said that he personally found it remarkable that people took freedom for granted and took advantage of help given by their community or government. He suggested that the Council look closely at this issue and see where the truth lies. Mr. Gachie advised the Council to make its decisions based on the facts.

Chris Harlan stated that she planned to purchase her home at 109B Park Road as soon as her finances would allow. She said that she and Ted Parish were colleagues at the University and that she had worked with the Pine Knolls Community and had obtained affordable housing. Ms. Harlan said that the tension between the Program and the Town, as well as between members within the organization, affected her because she lived at the center of the debate.

Ms. Harlan reminded the Council that it was difficult to maintain timeliness and efficiency in an organization which was based on volunteers. She pointed out that the Town’s audit had shown that there was no actual financial wrongdoing, and noted that those involved with the Center were working in good faith. Ms. Harlan suggested that the Council look back over the entire record, ignoring the rhetoric and harsh words of the past couple of years, and look again at the mission statement of Pines Community Center.

Ms. Harlan advised the Council to also look at the housing that had been developed and think about the families that now had a more secure life. She suggested that the Council remember its goal of keeping affordable housing in Chapel Hill. Ms. Harlan asked the Council to look at issues of oversight in fair and realistic terms, and consider the constraints under which the organization had worked. She asked the Council not to pull the rug out from under the three families that are ready to buy within the next six months.

Council Member McClintock stated that this was a difficult and painful decision. She said that Ted Parish and others had put time and energy into their dream, but the Program was not working. She said that she was uncertain about what the Council should do. Council Member McClintock said that she was concerned about families losing out on their time and labor if the Council adopted Resolution 16a and wondered how the Town could mitigate that.

Mr. Horton explained that families would not be evicted. He said that the Town would carry out whatever renovations were necessary for sale with the families still in the properties. Mr. Horton stressed that the Town would arrange for relocation for those who could not remain in the houses. He added that there also might be binding legal agreements about which the Town Attorney would need to advise. Mr. Horton said that the Town did not know all of the agreements that might be in place.

Council Member Foy asked if those who were living in the homes now would have preference in buying those homes if the Council adopted Resolution 16a. Mr. Horton replied that the Town would give preferential treatment to anyone who was already in the home provided that they met the requirements.

Council Member Foy asked if the Town would have a certain amount of discretion as to how long it would hold the homes. He wondered, for example, if the Town could renovate them and try to work with the people who were currently living there. Mr. Horton replied that the Town would need to act deliberately but not necessarily hastily.

Mayor Waldorf added that the Town’s goal under Resolution 16a would be to retain the homes as affordable housing stock rather than let them go to foreclosure, where they would be bought by the highest bidder and taken out of public policy control.

Council Member McClintock asked if the actual costs of the houses would be affordable if the Town had to pay to renovate them. Mr. Horton replied that the Council would decide what the price per house would be.

Council Member Brown asked Mr. Horton to repeat what he had said about existing agreements. Mr. Horton replied that the Town Attorney could speak better about this. Mr. Horton did explain, though, that he understood that if the Town took over the property it would take over the lease agreements as well and would be bound by any lease agreements that existed. Mr. Karpinos nodded agreement.

Council Member Wiggins asked if the property could be put in the Land Trust. Mr. Horton replied that he could not guarantee that but he thought it would be possible to do so.

Council Member Wiggins stated that this would keep the property affordable for low income people throughout the years. She asked Mr. Horton to explain the Town’s situation with the federal government, including what the consequences of the Town’s action or inaction might be.

Mr. Horton explained that the federal government, through HUD, had notified the Town of the findings that it intended to make and had suggested that the Town respond. He said that HUD seemed open to suggestions, but clearly expected the Town to restore the $180,000 that had been advanced for this program to its Community Development Funds within a reasonable amount of time. Mr. Horton added that HUD usually did understand the need for flexibility in accomplishing these objectives.

Council Member Bateman asked if it was true that Resolution 16a did not require the Council to move on Park Road at this time. Mr. Horton replied that this was correct.

Council Member Bateman pointed out that those who spoke who live on Park Road would not be affected by this resolution.

Mayor Waldorf noted that the Town’s loan to those properties had already been repaid. She said that she supported Resolution 16a because the Council was being requested to take action by HUD and by a number of citizens.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 16a.

Council Member Wiggins stated that her support of the resolution did not negate her appreciation for the improvements that had been made in this neighborhood. She said that the Council had opportunities to continue to support some of the other programs at Pine Knolls and that it would not turn its back on this neighborhood. Council Member Wiggins told Dr. Parish that the Town appreciated his efforts and all that he had done for the community but that the Council had a fiduciary responsibility to exercise.

Dr. Parish stated that he could sell three houses within the next 60 days. He asked that, if the issue was money, what the difference would be between those three residents buying their homes and the Town foreclosing. Mr. Parish asked the Council to give him a little more time.

Mr. Horton replied that the Council could set up a 60-day time limit rather than the 30-day one in the resolution. He pointed out that it would shorten the time period during which the Town must respond to HUD, but added that that was not an unreasonable risk to take.

Council Member Brown asked if a Land Trust would hinge on Town ownership of the property. Mr. Horton replied that it would.

Council Member McClintock asked Council Member Evans to consider an amendment that would change the deadline from 30 to 60 days.

Council Member Pavão noted that a lot of time and effort had gone into the project over the last five years and suggested that the Council stretch for 30 more days to see if these houses could be sold.

Mr. Weathers clarified that the Park Road property was not completely paid in full. Stressing that he did not want to give the image of an “us and them” mentality, he pointed out that deadlines had been extended before. Mr. Weathers asked the Council to make these 30 days the last extension, adding that he did not want to see people thrown out of their homes even though he was a critic of the Program.

Mayor pro tem Capowski asked Dr. Parish to explain why he believed he could sell houses in the next 60 days that he had not sold over the last few years. Dr. Parish replied that two of the families said they could come up with the $1,000 down payment necessary for a bank loan. He explained that he also talked with BB&T, which said it can move these two houses. Dr. Parish noted that Mr. Gachie financed his loan in that time period, and expressed confidence that the other two families would do so as well. Also, Dr. Parish explained, there had been trouble getting the condo designation at 109A Park Road, but now they could get it. He said that a fourth house at 110 Johnson Street was ready to go, adding that there was no reason why that one could not be sold as well.

Mayor pro tem Capowski asked whether Dr. Parish could use Park Road money to pay the Town relative to the Johnson Street and Lincoln Lane houses. Mr. Horton explained that Dr. Parish may appropriately use any source of funds available to him.

Mayor pro tem Capowski stated that he agreed with Mr. Weathers that 60 days should be all the Council allows.

Council Member Evans offered to amend her motion in the fourth “be it resolved” to state “60” rather than “30” days. Council Member Foy, the seconder, agreed to that amendment.

Council Member Wiggins asked if Dr. Parish understood that 60 days was final even though it did not give him much time to accomplish the sale of all four properties. Dr. Parish replied that of course he wished it could be more, but 60 days was what he had expected the Council could live with even though HUD had given the Town six months.

Mayor Waldorf asked if the houses had been inspected for sale. Dr. Parish replied that today the bank had asked that the two families to come in and fill out applications. He stated that the houses had been inspected for meeting Town standards but had not yet been inspected for sale.

Mayor Waldorf noted that by allowing these properties to be sold this way the Town foregoes the opportunity to put them in a Land Trust. Dr. Parish noted that it would be extremely helpful if the Town would consider a second mortgage possibility on 110 Johnson Street. Dr. Parish added that any help the Town could give would be appreciated because everyone wanted affordable housing.

Mayor pro tem Capowski asked if these would be fee simple sales with no strings attached if Dr. Parish was successful. Mr. Karpinos replied that there was nothing in the Trust that required Dr. Parish to do otherwise.

Mayor pro tem Capowski noted that this would mean that the Town would lose control of any subsequent sale. Mr. Karpinos stated that this was correct.

Council Member Wiggins commented that this had been true of the Program since its inception. Dr. Parish noted that there was a “memorandum of understanding” which required the Center to receive 90% of the equity if people sold within the first five years. He explained that the goal was to keep the houses with low income families.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 16a, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DECLARING THE PINES COMMUNITY CENTER, INC. IN DEFAULT WITH THE TOWN’S PERFORMANCE AGREEMENTS, PROMISSORY NOTES AND DEEDS OF TRUST (99-1-25/R-16a)

WHEREAS, the Town has been working with the Pines Community Center, Inc. since 1993 to develop affordable homeownership opportunities in the Pine Knolls neighborhood; and

WHEREAS, the Town entered into Performance Agreements, Promissory Notes and Deeds of Trust with the Pines Community Center, Inc. for the purchase and renovation of nine housing units in the Pine Knolls neighborhood; and

WHEREAS, the Pines Community Center, Inc. has sold three houses in the Pines Community Center Homeownership Program; and

WHEREAS, the Pines Community Center, Inc. has not complied with the terms of the Town’s Performance Agreements, Promissory Notes and Deeds of Trust; and

WHEREAS, the Promissory Notes and Deeds of Trust are subject to being declared due and payable to the Town of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Pines Community Center, Inc. is declared in default with the Town’s Performance Agreements, Promissory Notes and Deeds of Trust based on the following terms of the Performance Agreements:

1. the Center has “significantly reduced its services or accessibility to Chapel Hill residents” and

2. the Center has “failed to render a satisfactory accounting as provided…” in the Performance Agreements.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to notify the Pines Community Center, Inc. that the Promissory Notes and Deeds of Trust are now due and payable to the Town and to demand payment.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to order appraisals for 110 Johnson Street, 140, 142 and 150 Lincoln Lane to establish the current value of the properties.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to request that the Pines Community Center, Inc. voluntarily transfer title of 110 Johnson Street, 140, 142 and 150 Lincoln Lane to the Town of Chapel Hill for an amount not to exceed the appraised values.

BE IT FURTHER RESOLVED that if the Manager and the Pines Community Center, Inc. do not reach a decision within sixty days, the Manager is authorized to initiate foreclosure proceedings on 110 Johnson Street, 140, 142 and 150 Lincoln Lane.

BE IT FURTHER RESOLVED that upon acquisition of the title to the properties, Community Development funds and Neighborhood Revitalization Loan Funds reserved for Neighborhood Revitalization will be used to pay for renovation expenses and relocation expenses, if necessary.

This the 25^th day of January, 1999.

Item 12—Lower Booker Creek Greenway

a. Mark Broadwell, Chair of the Greenways Commission, presented a plan for a mile long, paved pedestrian link between Franklin Street and Booker Creek Road. Mr. Broadwell explained that this attractive stream corridor already received a lot of informal use by surrounding neighborhoods. He reported that the Greenways Commission had recommended that the Council adopt the plan.

b. Bob Lappas, a principal with the land planning and design firm Lappas and Havener, stated that his firm had been working since August with the Parks and Recreation Department and the Greenways Commission to develop the conceptual plan for Phase 2 of the Lower Booker Creek Greenway. Mr. Lappas stated that the Greenway would provide a viable bicycle and pedestrian connection from Lake Forest, Oxford Hills, Foxcroft, and Summerland Crossing to the Eastgate and Village Center shopping centers.

Mr. Lappas proposed a 10 foot wide paved trail which would be similar in character to the existing Bolin Creek Greenways. He estimated construction costs at $465,000, which would be funded primarily by the NC Department of Transportation Bicycle Program.

Mr. Lappas explained that two-thirds of the length of the Greenway paralleled an OWASA sewer line which was scheduled for replacement this summer. He noted that, as the Manager directed, his firm was designing the Greenway’s trail concurrent with the engineering of the OWASA sewer line.

Mr. Lappas stated that nearly 300 property owners had been invited to meetings last fall to discuss the project. He said that the response was small, but largely supportive. Mr. Lappas noted that the plan had been favorably received by the Transportation Board, the Planning Board, and the Parks and Recreation Commission.

Using an overhead map, Mr. Lappas traced the proposed Greenway from the bus stop on Booker Creek Road, along a raised levy through a wooded area of Town-owned property, into the lowlands, and continuing on to Dailey Road and to Tadley Drive—which was constructed in 1991 by the Town as Phase 1 of the project. He explained that the Phase 1 piece would receive improvements, such as repavment, new parking spaces at trailheads, and a reinforced bridge. Mr. Lappas continued to trace the trail, paralleling the OWASA line, from Tadley Drive to East Franklin Street.

Mr. Lappas noted that construction challenges included the poorly drained soil and the privacy issue of the houses along Oxford Hills Drive. He explained that the drainage problem would be resolved during paving, and the privacy issue would be mitigated by placing the trail on the far side of the easement, clearing no trees of existing buffer between the trail and property line, and adding screen plantings.

Mr. Lappas said the crossing into Eastgate would be improved by renovations at Eastgate, such as extending the existing sidewalk another 50 feet, building new curb cuts, placing a new crosswalk, and installing a pedestrian activated traffic signal.

Council Member McClintock asked whether they would be removing any existing trees other than those that must be destroyed by the OWASA easement. She also asked how they planned to deal with the area where the trail comes close to the stream, noting that she is concerned about using rip-rap to stabilize the banks. Mr. Lappas explained that tree clearing would include a minimum of three feet on the sides of the trail at the northern end of Booker Creek for a distance of 600-700 feet. He added that this would be done in a completely wooded area and as tightly as possible throughout.

Mr. Lappas also explained that there was one place south of Tadley Drive where the creek comes close, causing erosion within that bank which would need to be stabilized.

Council Member McClintock pointed out that the site was low-lying. Mr. Lappas replied that this was one of the greatest technical challenges of the construction.

Mayor pro tem Capowski asked how they got the Department of Transportation to approve the pedestrian crossing signal. Mr. Lappas replied that they met with DOT’s Bicycle Program engineers twice on site and that this plan followed their recommendations.

Council Members Evans and Bateman expressed concern about the walk which goes across the entrance to Eastgate Shopping Center. Mr. Lappas noted that there was no sidewalk on the other side of that crosswalk but suggested that the connection probably would be addressed in the Linear Park project.

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

A RESOLUTION ADOPTING THE “LOWER BOOKER CREEK GREENWAY (PHASE II) CONCEPTUAL PLAN REPORT” (99-1-25/R-17)

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

WHEREAS, the Town staff have developed a conceptual plan for a trail that would connect Franklin Street to Booker Creek Road; and

WHEREAS, the proposed conceptual plan addresses issues such as privacy, access, clearing, and landscaping; and

WHEREAS, the proposed conceptual plan addresses issues related to providing a safer method for pedestrians and bicyclists to cross and merge onto Franklin Street; and

WHEREAS, various boards, commissions, and a committee have reviewed the proposed conceptual plan and have unanimously recommended approval; and

WHEREAS, those citizens attending public forums have been supportive of the trail conceptual plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the Lower Booker Creek Greenway (Phase II) Conceptual Plan Report.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to proceed to implement the Lower Booker Creek Phase II project according to the conceptual plan, including requesting additional funding from the Department of Transportation.

This the 25^th day of January, 1999.

Mayor Waldorf expressed enthusiasm for the project and hope that it could be bid along with OWASA so that it would not be delayed. Mr. Horton stated that the staff was going to push it as hard as they could.

Item 5a—Response to November 23^rd Letter from Mr. Erwin Danziger

Mayor pro tem Capowski asked what he was missing in the text of Mr. Danziger’s letter that was causing confusion. Mr. Horton replied that the key thing was that the land use issue had been agreed upon by all of the jurisdictions, but the zoning designations in Mr. Danziger’s letter were not of concern to them. He said that something that was permitted within a zone was an issue only for the permitting agency.

Mayor pro tem Capowski said that what was being permitted, though, was a commercial use—if you define tower as commercial—in a non-commercial area. He stated that something should be changed because this was obviously a commercial use.

Item 13—Petitions

a. By the Mayor and Council Members

(1) Council Member Brown

Council Member Brown referred to a November resolution asking the Manager to arrange a meeting between the Council and NC Department of Transportation to address issues of safety, walkability, and bikeability on DOT-maintained streets in Chapel Hill. She asked if it would be all right with the Council if she and Mayor Waldorf and the Manager met with DOT officials in order to plan this meeting.

Mayor Waldorf expressed her desire to get the NC Board of Transportation to have a meeting in Chapel Hill so that the Town could show them the bus system, and the Bolin Creek Greenway, and make them cross West Franklin Street in the middle of the block.

Council Member Brown said that she would like to arrange this after the initial talk with the DOT. She expressed the hope that they could come during the day and see some of the bike use on Cameron Avenue and learn how much better it could be with more help from DOT.

Council Member Evans asked if the items she mentioned in her letter to Doug Galyon could be included in the discussions. Both Mayor Waldorf and Council Member McClintock stated that they had not received copies of Council Member Evan’s letter. Council Member Evans agreed to give them copies. Mayor Waldorf agreed to include it.

(2) Council Member McClintock

Council Member McClintock asked where the Bicycle Task Force’s recommendation to form a Bikeway and Walks Commission was. Mayor Waldorf explained that it was ready but she had asked that it be delayed until the next meeting because she thought there already was too much on tonight’s agenda.

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

The meeting was adjourned at 10:05 p.m.

The minutes of January 25, 1999 were adopted on the 22^nd day of March, 1999.

__________________________________________

Joyce A. Smith, CMC

Item 1—Presentation of Award from Triangle J Council of Governments

Item 2—Public Hearings and Status Report

Item 3 Petitions by Citizens and Announcements by Council Members

Item 4—Consent Agenda

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

A RESOLUTION AMENDING THE TOWN COUNCIL’S MEETING SCHEDULE

Item 5—Information Reports

Item 6—Nominations and Appointments

Item 7—Report from Noise Ordinance Study Committee

Item 8—Resolution Regarding OWASA and Chatham County Water Usage

Item 9—Report on Northside and Cameron-McCauley Neighborhood Issues

Item 10—Action on Draft 2000-2006 State and Metropolitan

Transportation Improvement Program

Item 11—Report on Pine Knolls Development Association Housing Program

Item 12—Lower Booker Creek Greenway

Item 5a—Response to November 23rd Letter from Mr. Erwin Danziger

Item 13—Petitions

Town Clerk

Item 5a—Response to November 23^rd Letter from Mr. Erwin Danziger