SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, MAY 10, 1999, 7:00 P.M.

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

Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, and Lee Pavão. Council Member Edith Wiggins was absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Police Captain Tony Oakley, Senior Engineering Coordinator Mike Neal, Planning Director Roger Waldon, Senior Transportation Planner David Bonk, Long Range Planning Coordinator Chris Berndt, Parks and Recreation Director Kathryn Spatz, Parks and Recreation Administrative Analyst Bill Webster, Solid Waste Director Gayle Wilson, and Town Clerk Joyce Smith.

Item 1 – Ceremonies

(none)

Item 2 – Public Hearings

(none)

Item 3 – Petitions by Citizens and Announcements by Council Members

a. Petitions by Citizens

1. By Dan Costa, Chair of the Parks and Recreation Commission, Regarding Stormwater Drainage Depressions

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

2. By Timothy Logue, Chapel Public Library, Regarding Pay for Library Pages

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mr. Horton said that this item had been included in the proposed budget for the coming fiscal year.

3. By Dick Forbis, Cardinal Track Club, Regarding the Franklin Street Mile Festival

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

4. By Morris J. Clarke, Pastor of New Covenant Christian Church and Orange County Ministers Alliance

Rev. Clarke addressed concerns for the Smith family living at 140 Lincoln Lane of Pine Knolls, who might be evicted from their home because of the foreclosures in the Pine Knolls community. He said that eviction might mean they would be unable to send their daughter to college in the fall. Rev. Clarke reminded the Council of the modest homes in which the black artisans lived in Chapel Hill during the 1950s and 1960s, when they were able to afford to live in the community. He said that now black people were unable to afford to live in the community. Rev. Clarke asked for the Town’s help for the Smith family.

Mayor Waldorf said that they had received information about this matter from Rev. Hatley, and said that she was sure that the Town would do everything it could to work with the Smith family.

Mr. Horton said that he had received news that the Pine Knolls Development Association would be paying off the Town’s loan for the Smith house and two other houses now occupied, which would preclude the necessity for the Town to take further action.

5. By Robert Campbell

Mr. Campbell said that there were three organizations that supported affordable housing—Habitat for Humanity, EmPOWERment, and the Pine Knolls Development. He asked that the Town work with these organizations to help them rather than to put them out of business. Mr. Campbell said that there were many working class people who could not afford to live in Chapel Hill or Carrboro because housing was financially out of their reach. He said that the Town should work with these organizations to help keep the black neighborhoods intact and affordable.

6. By Rev. Judy Anderson, Member of the Ministerial Alliance, Carrboro Pastor, and Future Resident of Chapel Hill

Rev. Anderson asked Mr. Horton if he had the confirmation of the sale of the Pine Knolls houses in writing. Mr. Horton said that he did.

Rev. Anderson said that she was also present to support the Smith family and asked that the Council put its full weight behind affordable housing, because of the diversity of the community. She said that people who serve the community‘s needs should also be able to live in the community.

7. By Gabriel Pelli, a Critical Mass Participant

Mr. Pelli said that he had been ticketed for impeding the flow of traffic on Franklin Street on April 30, 1999. He said that Critical Mass, a bicycle support group, was an informal international organization which called attention to the reclaiming of public space for bicycles. Mr. Pelli said that they had been riding through the Town for about a year and had received police escorts in the past. He said that during the past two rides some riders had been ticketed for crossing the yellow center line, and he found this perplexing since he felt that Chapel Hill had the reputation of having progressive thinking regarding bike friendliness. Mr. Pelli urged the Town to continue its commitment to build a network of bike lanes and paths and hoped that there would be no more tickets issued.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER AND THE POLICE CHIEF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member McClintock said that she hoped that the Critical Mass protests could be worked out so that they could continue their protests. Mr. Horton said that the Police Chief was meeting with members of Critical Mass and that his primary concern was safety.

Mayor Waldorf thanked the members of Critical Mass for their willingness to meet with the Police Chief.

8. Rev. Morris Clarke, Speaking for Rev. L. Gene Hatley

Rev. Clarke, speaking on behalf of Rev. Hately, said that he did not believe that the Smith family home in Pine Knolls was one of the homes being paid off by the Pine Knolls Development Association, and that the Smiths would need three months of financial counseling before they could purchase the property at 140 Lincoln Lane. He asked the Council not to foreclose on them.

Mr. Horton read the letter from Mr. Bigger, attorney for the Pines Community Center, which stated that the Center intended to pay off all notes on the properties at 142 Lincoln Lane, 110 Johnson Street, 150 Lincoln Lane, and possibly 140 Lincoln Lane, payment to be made on May 14^th. He said that Rev. Clarke was correct that it was not clear that 140 Lincoln Lane would be included.

Council Member Foy asked about the process of foreclosure on the properties and if the Town foreclosed on the property would the Town come into possession of the property. Mr. Horton said that the key point was that if the Town took possession of a property it would not necessarily mean that the family would be evicted. Mr. Karpinos said that at any time before the foreclosure, the property could pay off the loan and expenses, and that was what he deemed the letter to indicate, so as to stop the foreclosure process.

Council Member Foy wanted to clarify that, if Pine Knolls handed over the deed to the property, the Town would have possession of the property and no one would get evicted. He said that would be an easy alternative, to ensure that the family could stay in their home. Mr. Karpinos said that if it went to bid it would be the staff’s intention to ask the Council to bid up to the appraised valuation of the property, making sure that all expenses were included, but it was quite possible that the Town could be out-bid by a third party, which would not be obliged to continue to lease to the family in residence.

Council Member Foy said that the property was in the hands of Pine Knolls Development, which could voluntarily give the deed to the Town and the Town would insure that the family would be protected in their home. He said that the Council needed to make that clear. Mr. Karpinos said that if the Pine Knolls Development paid off the Town’s Deeds of Trust, the Town would stop the foreclosure process and they could deal directly with the home’s residents.

Mayor pro tem Capowski asked if the lease continued no matter who owned the property. Mr. Karpinos said that was not entirely clear, that it could depend on how the lease read, but the foreclosure proceeding would foreclose the lease, and whoever ended up owning the property could require the tenant to leave.

Mayor pro tem Capowski asked what the current terms of the lease were. Mr. Karpinos said that he did not know.

Mayor Waldorf said that the Town was not in a position to do anything about the safety of the Smith family home at this time because it did not own it, but that the Town Attorney could write another letter to the Pine Knolls Development asking for the deed to this property in lieu of foreclosure. The Council agreed by consensus to ask the Town Attorney to do so.

9. By Maureen St. John-Breen, Vice President of the Culbreth Park Homeowners’ Association

Ms. St. John-Breen spoke on behalf of the neighbors concerned about the widening of the road and construction at the intersection of Culbreth Road and U.S. 15-501 and the removal of the vegetation between the greenway and Southern Village. She said that the widening of the road had brought the highway almost up to their back yards. Ms. St. John-Breen asked that when the construction was finished, the Town consider putting up some kind of protection between the neighborhood and the highway, to block the noise, view and trash.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER TO COME BACK TO THE COUNCIL WITH SOME ALTERNATIVES. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

10. By Chuck Stone

Prof. Stone said that he saw similarities to the protests for Critical Mass and the Civil Rights protests of Dr. Martin Luther King, Jr. He said that the right to disobey a perceived injustice had a long history. Prof. Stone said his support had been requested by a campus colleague and
bicyclist. He said that his wife reminded him of his First Amendment rights as a bicyclist. Prof. Stone said that he felt confident that the Town and Critical Mass could come to a reasonable conclusion of the matter.

11. James Coley

Mr. Coley said that last month’s Critical Mass protest had been unprotected by a police escort due to a traffic accident elsewhere in the Town. He said that two bicyclists had been ticketed with a total cost, including court costs, of $100 for slowing down automobile traffic. Mr. Coley asked if the Town could be tolerant of this type of non-violent protest and believed that the Critical Mass group rides could be peaceful protests, that the group had a right of free speech to do this. He said that he hoped the Council would provide the police with guidance to allow the protests to continue.

Council Member Foy asked that the two citations issued to Critical Mass members be addressed by the staff. The Council agreed by consensus.

b. Announcements by Council Members

Mayor Waldorf announced a joint meeting to be set for June 24^th with Chatham County, Orange County and OWASA concerning Jordan Lake water issues. The date was set by consensus of the Council. Council Member McClintock said that she would be unable to attend.

Item 4 – Consent Agenda

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(99-5-10/R-1)

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

a.	Resolution authorizing temporary closure of Franklin Street for Walk for Education (R-2).
c.	Resolution authorizing the Manager to sign a contract for the 1998-99 annual financial audit (R-5).
d.	Resolution and ordinance authorizing additional funding for consulting services for the Comprehensive Plan Work Group (O-1).
e.	Ordinance authorizing funds for the purchase of art for Town Hall (O-2) (Council Art Committee).
f.	Ordinance authorizing funds to support a Community Assessment of Orange County citizens by the Triangle United Way (O-2.1).
g.	Resolution accepting Mobile Source Emissions Reduction Grant (R-5.1).

This the 10^th day of May, 1999.

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF FRANKLIN STREET FROM HILLSBOROUGH STREET WEST TO THE CARRBORO CITY LIMITS AND MERRITT MILL ROAD (99-5-10/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the temporary closing of Franklin Street between Hillsborough Street and the Carrboro City Limits and Merritt Mill Road from Franklin Street to the Carrboro City Limits on Saturday, September 18, 1999, between 2:45 p.m. to 4:00 p.m., to allow the Walk for Education.

This the 10^th day of May, 1999.

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 1997-98 (99-5-10/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to sign a contract with the Certified Public Accounting firm of McGladrey and Pullen, LLP in an amount not to exceed $40,800.

This the 10^th day of May, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-5-10/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 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

GENERAL FUND

Non-Departmental

Contingency 37,190 10,000 27,190

Planning 984,347 10,000 994,347

This the 10^th day of May, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-5-10/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

GENERAL FUND

Non-Departmental

Contingency 27,190 5,000 22,190

Council 134,761 5,000 139,761

This the 10^th day of May, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-5-10/O-2.1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 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

GENERAL FUND

Non-Departmental

Contingency 22,190 5,000 17,190

Council 93,918 5,000 98,918

This the 10^th day of May, 1999.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ACCEPT A MOBILE SOURCE EMISSIONS REDUCTION GRANT IN THE AMOUNT OF $85,100 FROM THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (99-5-10/R-5.1)

WHEREAS, the Town of Chapel Hill applied for a Mobile Source Emissions Reduction Grant from the North Carolina Department of Environment and Natural Resources; and

WHEREAS, the North Carolina Department of Environment and Natural Resources has approved the Town’s grant application in the amount of $85,100;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to accept the Mobile Source Emissions Reduction Grant in the amount of $85,100.

This the 10^th day of May, 1999.

Item 5 – Information Reports

Mayor pro tem Capowski removed 5b.

Valerie Broadwell, of the Special Work Group to Study the Hamilton Road and Highway 54 Intersection, spoke on item 5b. She asked the Council to keep in mind, while discussing the proposed widening of Highway 54 at the Meadowmont development, that the posted speed did not matter; what mattered was the designed speed of the road. Ms. Broadwell said that the Council needed to think about the number of lanes needed when they discussed this issue later. She said that they needed to consider where Chapel Hill really began on that highway, and to think about narrowing down the lanes. Ms. Broadwell said that the Work Group would bring recommendations to the Council before the summer recess.

Item 6 – Nominations and Appointments

Mayor Waldorf said that there were some names added for nominations: one for the Planning Board; two for the Public Arts Commission, and one for the Walks and Bikeways Commission.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT ALL NAMES BE PLACED IN NOMINATION FOR APPOINTMENTS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The Council made the following appointments:

Walks and Bikeways Commission

Bryan Davis	Clifford Heindel	Blair Pollock
Seth Elliott	Eva Metzger	Chris van Hasselt
Evelyn Gordon	Wayne Pein	Sara Veasler
Lyman Gregory

Public Arts Commission

Jim Cryer

Planning Board

Tie vote: John Hawkins and Paul Caldwell

Council Member Evans said the Public Arts Commission should have an opportunity to review the new applications, and recommended delaying the vote on that particular group.

Council Member Foy said that he would not be in favor of delaying the vote.

Council Member Brown asked whether there was a particular reason why the number of people to be appointed to the Walks and Bikeways Commission was ten, or if they could increase the number to thirteen to accommodate the new applications.

Mayor pro tem Capowski said that the addition of the three extra people would be helpful.

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK TO CHANGE THE NUMBER OF PEOPLE ON THE WALKS AND BIKEWAY COMMISSION TO THIRTEEN.

Council Member Evans said that they would have to change the number of representatives, from what previously had been established.

THE MOTION WAS DEFEATED BY A VOTE OF 5-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, EVANS, FOY, AND PAVÃO VOTING NAY, AND COUNCIL MEMBERS BROWN, CAPOWSKI, AND MCCLINTOCK VOTING AYE.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO PLACE ALL THE CANDIDATES FOR THE HISTORIC DISTRICT COMMISSION, LIBRARY BOARD OF TRUSTEES, AND TRANSPORTATION BOARD INTO NOMINATION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 7 – Response to Petition Regarding Ethics Guidelines for Council Members

Mr. Karpinos said this report responded to a Council petition on March 22^nd that asked for a report on how the recently approved Ethical Guidelines for Town Advisory Boards and Commissions could be applied to members of the Town Council. He said, in summary, some parts of the Board guidelines could be applied to the Council by the adoption of ordinances, other parts of the Board guidelines could be applied to the Town Council if the Council chose to seek special enabling legislation. Mr. Karpinos said that the Ethical Guidelines was a mandatory set of rules for Boards and Commissions to follow and was not voluntary. He said under current
law Council Members were limited to the reasons for which they could be excused from voting by other members of the Council, and there were limits to those circumstances in which the Council Members were automatically required to not vote on certain matters.

Mr. Karpinos said that the substance of the provisions were contained in the first paragraph of the Ethical Guidelines. He said that the first sentence said that board members shall not discuss, advocate, or vote on any matter in which they have a conflict of interest or an interest which might appear to be in conflict with the concept of fairness in deciding with public interest. Mr. Karpinos said that the second sentence said that a conflict of interest occurred if a board member had a separate, private or monetary interest either direct or indirect in any issue or transaction under consideration. He said that the third sentence said that any member who violated this provision might be subject to removal from the board or commission. Mr. Karpinos said that removal of the board members was by the Council, but the removal of Council Members was for the voters, not the Council Members.

Mr. Karpinos said that State statutes allowed a Council Member to be excused only on matters involving their own financial interest or official conduct, which was designed to limit the purposes for which a Council Member could avoid voting on a matter. He said that the Town Charter which the Council received from the State authorized the Council to enact ordinances requiring disclosure of personal financial interests including, but not limited to, interests in real property and in utilities doing business, and prohibiting voting on matters involving property or business interests. Mr. Karpinos said that the current Town ordinance provisions required that Council Members disclose interests in real property, interests in business, firms or corporations doing business with the Town and attempting to secure a bid from the Town (interests less than 10% need not be disclosed), and Council Members must disqualify themselves from voting on any matter involving an interest that must be disclosed, with certain exceptions.

Mr. Karpinos said regarding the potential for applying the Ethical Guidelines to the Council, as in the first sentence of the Ethical Guidelines, which said that board members could not discuss, advocate or vote, that he did not think the law would allow the Council to adopt such a regulation for discussing or advocating on any matter in which they had a conflict of interest. He said that with respect to voting, there was already a prohibition in the ordinance to voting on matters with a conflict of interest. Mr. Karpinos said that the Town Charter provision would permit the Council to modify the current standards under which the Council Members would not be allowed to vote, which would require a change to the ordinances. He said that the third sentence of the Ethics Guidelines indicated that board members who violated the policy could be removed from office by the Council, but if the Council wanted to be able to remove a Council Member for policy violation, it would need a Charter amendment. Mr. Karpinos said that a provision providing for citizen petition for recall of a Council Member was already stated in the ordinances. He said that some of the provisions could be applied to the Council by ordinances, some could be applied only if a Charter amendment was requested and he had some doubts if that would be allowed.

Council Member Evans asked if she was correct that a Council Member had to also register property owned by their spouse or registered domestic partner. Mr. Karpinos said that was correct.

Council Member McClintock said that she would like to see the part of the Charter that required Council Members to vote broadened to include personal conflicts of interests. Mr. Karpinos said that could be a Charter change, but not one that needed to be approved by the legislature.

Council Member Evans felt that it was not necessary to change the Town Charter, and wondered where the Council could draw the line. She felt that members of the Council would act in an ethical manner no matter what the personal conflict was.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ASK THE STAFF TO PREPARE WHATEVER THE COUNCIL WOULD NEED TO ENTERTAIN A CHANGE IN THE TOWN CHARTER THAT WOULD ALLOW COUNCIL MEMBERS TO NOT VOTE IN A CIRCUMSTANCE WHEN THERE WAS A PERSONAL CONFLICT OF INTEREST.

Mayor Waldorf asked for a definition of what personal conflict of interest meant in the context of this motion. Mr. Karpinos answered that which might appear to be in conflict with the concept of fairness in dealing with the public interest, and that the interest was not a business ownership or a property ownership, but a personal interest which indicated that it would interfere with one’s ability to deal fairly with the public interest.

Council Member Foy said that the Council operated at a higher level of public scrutiny and if what it did was unethical, it was subject to removal by the public. He felt that should be the process. Council Member Foy said that the procedure already in place for Council Members was a good procedure.

Mayor pro tem Capowski asked, if a personal conflict of interest occurred for a Council Member, would he/she need to ask permission to be recused. Mr. Karpinos said that if the Council pursued a Town Charter amendment that added the personal conflict standard then it would authorize the Council to adopt an ordinance. He said that the current ordinances on this matter provided that once a Council Member determined that a conflict existed, then he/she was required to disqualify him/herself.

Council Member Bateman asked if it could be worded so that the person who thought there was a conflict of interest for him/herself could tell the Council this and the Council could make the decision. She said that she wanted consistency in the requirements for the boards as well as the Council itself.

Mayor pro tem Capowski disagreed and said that the Council answered to the people who elected them and that the Council should be required to make the hard votes.

Council Member Bateman called the question.

THE MOTION FAILED BY A VOTE OF 3-5, WITH COUNCIL MEMBERS BATEMAN, BROWN AND MCCLINTOCK VOTING AYE, AND MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, EVANS, FOY, AND PAVÃO VOTING NAY.

Item 8 – Ordinance Prohibiting Dogs in Merritt Pasture

and on Playing Fields at Town Parks

Mr. Karpinos said that the Council had asked that an ordinance be prepared to prohibit dogs in the Merritt Pasture. He said that the staff, in preparing the ordinance, discussed whether to prepare an ordinance prohibiting dogs in the playing fields at Town parks as well. Mr. Karpinos said that there was language in the current ordinance that the Council might wish to have clarified. He said that two ordinances were prepared: (1) Ordinance 3a, which would prohibit dogs, except for service animals, in the Merritt Pasture and in playing fields and included some language in the current ordinance to clarify how this could be applied to playing fields outside the Town limits; (2) Ordinance 3b, would clarify the language regarding playing fields outside Town limits, but would not prohibit dogs in the Merritt Pasture and in the playing fields.

Mayor pro tem Capowski asked which of the ordinances would say that dogs were not prohibited in the Merritt Pasture, but prohibited in the playing fields. Mr. Karpinos said that if that was the Council’s desire then it would be Ordinance 3a, and under Section 2, delete the paragraph (k)2, as an amendment to the Ordinance.

Mayor Waldorf asked the Manager to report what had been done to make the Merritt Pasture safer, such as signs regarding no parking and fixing the gate. Mr. Horton said that No Parking signs had been posted along the ramp, the gate had been reinstalled, and signs had been posted to warn people not to park there.

Council Member Brown asked if there ever had been signs posted anywhere about the leash law. Mr. Horton said he did not recall that occurring.

Council Member Evans read a memo to the Council regarding access to the Merritt Pasture, which she requested be placed in the record:

“During the visit of the State Department of Transportation (DOT) Board to Chapel Hill on Thursday and Friday, many issues were raised by individual Council Members. These issues included funding for landscaping on the new improved section of Airport Road, the need for signalization at Stateside Drive, erosion control on DOT projects, bikeway and sidewalk projects, our greenway projects, Columbia Street, pedestrian issues and DOT street design regulations.

One issue that I raised with several of the Board members and with DOT is the access to the Merritt Pasture. Last Wednesday I walked with some members of the Greenways Commission to look for possible ways for the public to access the pasture without disrupting any residential neighborhoods. We parked near the apartments off of 54 close to the Frank Porter Graham school. We walked through a bumper crop of poison ivy, under and over felled trees, down and up steep slopes and creek crossings, finally arriving at the Merritt Pasture. As a result of this walk, it appeared to me that the safest and most economical access to the pasture is off the access ramp where cars have been parking and where access has occurred in the past to mow and maintain the pasture. I had the opportunity to explain this situation and show the pasture to Mr. David King and Mr. Don Goins on the return from their scheduled trip to Southern Village. Their response to the issue was very positive, refreshing, and open to working with the community to meet the community’s needs to access the Town-owned land. It appears that access to the pasture from the access ramp is a possibility and I would recommend that we direct the Mayor and Manager continue this dialogue with DOT as to this access and other options. I would also recommend that this memo be forwarded to the Parks and Recreation Commission, the Greenways Commission and the citizens involved in looking at this issue.”

Council Member McClintock asked if the Council would like to support this recommendation. She said that it was not on the agenda, and thought that what they were discussing on the agenda was the dog issue.

Mayor Waldorf said that the dog issue was on the agenda because of the whole array of concerns that people had surrounding the Merritt Pasture, and safe, affordable public access to the pasture.

Paul Jones said that the neighbors around the Merritt Pasture and around Morgan Creek had no official position about dogs on leashes, that they had concerns about dogs not on leashes, and had a concern about the access and use of the property as detailed in the proposal that they put forward.

Bill Bracey said that he was a dog lover and a dog owner and that the Merritt Pasture was a great place to walk dogs. He said that he worked on the Bond issue to purchase the Merritt Pasture and that a good deal of the publicity surrounded the open space issue. Mr. Bracey said that he felt the pasture should be used for dog walking, kit flying, and other activities and that, as a person involved with real estate, he did not believe that people using the pasture for recreation would devalue the property around it.

Maureen St. John-Breen said that there had been several places that she and her husband walked their dog, but that they had all been converted into developments, and that the only place that they could walk their dog, without driving to some other area, was the Merritt Pasture. She said that for five years the dog walkers and the neighbors existed peacefully with no problems, until the newspaper article was published. Ms. St. John-Breen asked that the Council not restrict dogs from the Merritt Pasture and to consider developing places where people could walk their dogs.

Dru Pearson, an English teacher at Chapel Hill High School, and a resident of Chapel Hill for 27 years, said that the Merritt Pasture had been purchased for its aesthetic beauty and had became a place for people and dogs to run freely. She said that it was a good place for both dogs and their owners, and that they did not trash it. Ms. Pearson said that if the Town prohibited dogs from using the Merritt Pasture, it was only allowing the privileged few who lived around the Merritt Pasture to use it. She said that the $400,000 spent to purchase the Merritt Pasture was for the public, not just a few. Ms. Pearson urged the Council not to prohibit dogs in the Merritt Pasture.

Carol DePlix, a resident of the Town, appreciated the information and insight that she had received from the Council Members. She said the people in the neighborhood around the Merritt Pasture were reacting to a proposed parking area in their neighborhood for access to the Pasture.
She said that the people using the Merritt Pasture were not only dog owners, but families and students, and there was plenty of room for all. Ms. DePlix urged the Council to put in a small, temporary parking lot so that people could continue to use the Merritt Pasture.

John Sanders, resident of Sourwood Drive for 38 years, urged the Council to adopt Ordinance 3a. He said that he and his wife used the Merritt Pasture for what it was intended when it was purchased, as a place of beauty and greenery to be viewed. He asked that the Merritt Pasture not be turned into a dog park.

Peter Haughton said that he was born in Chapel Hill and grew up near the Merritt Pasture, and he urged the Council not to prohibit dogs from the Merritt Pasture. He said that he used the area at least 2 or 3 times a week and had never seen it littered. Mr. Haughton asked that a small parking area be made for people who wanted to use the Merritt Pasture, and that it not just be kept for those who lived nearby.

Council Member McClintock said she felt that the Council needed more information about the use of the Merritt Pasture from some of the boards who knew more about the subject of the use of recreation areas. She said the Town probably did need a place for dogs to run, but she was not sure that it should be the Merritt Pasture. Council Member McClintock said that the Council should not pass an ordinance until they had more information.

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 3a, WITH THE DELETION OF #2 UNDER K, AND THE CHANGE OF #3 TO #2.

Council Member McClintock asked Mayor pro tem Capowski why he would prohibit dogs on the playing fields. Mayor pro tem Capowski referred the question to Parks and Recreation Director Kathryn Spatz. Ms. Spatz said that she had many complaints of dogs running on the trails at the playing fields, ripping up the fields and leaving waste.

Council Member Brown thought that it was a problem of dogs not on leashes and she would like the staff to post signs that dogs are required to be on leashes. She also asked the staff to examine the parks to see if there might be an appropriate place where dogs could be allowed to run and not just be on leashes.

Council Member Pavão agreed that dogs should not be allowed on playing fields because they would tear them up. He said that the Merritt Pasture was a large space.

Council Member Evans agreed that it was a large area, and that the Town should be able to accommodate all the people who would like to use it.

Council Member Brown said that the Council had been told by the Attorney that the Merritt Pasture would be subject to the Town’s leash laws. She said that the ordinance should be in place, in case the Merritt Pasture was found to be the perfect place to allow dogs off leash.

Council Member Bateman asked Ms. Spatz if it would help if dogs were allowed on playing fields only during off seasons. Ms. Spatz said that people used the fields year round.

Council Member Foy said that he would not support the motion. He said that the discussion had become one of where dogs would be allowed, rather than about the Merritt Pasture. Council Member Foy said that the Town needed to expedite construction of Southern Community Park.

Council Member Pavão said that the need was more immediate and that the Southern Community Park would probably take about ten years to complete.

THE MOTION WAS ADOPTED BY A VOTE OF 5-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, CAPOWSKI, EVANS, AND PAVÃO VOTING AYE, AND COUNCIL MEMBERS BROWN, FOY AND MCCLINTOCK VOTING NAY.

AN ORDINANCE PROHIBITING DOGS ON TOWN PLAYING FIELDS (99-5-10/O-3a)

Section 1. Section 12-2 of the Town Code is hereby amended to read as follows:

“Sec. 12-2. Compliance with regulations; enforcement.

All persons in any park, greenway, open space, entranceway, playground, recreation or community center, facilities temporarily leased by the town for parks and recreation purposes, swimming area or facility (collectively “park”) owned or controlled by the Town of Chapel Hill shall obey the regulations set out in section 12-3. The regulations set out in section 12-3 shall apply in all parks, greenways, open spaces, entranceways, playgrounds, recreation and community centers, facilities temporarily leased by the town for parks and recreation purposes, swimming areas and facilities (collectively “park” or “parks”) owned or controlled by the Town of Chapel Hill, whether within or outside the Town limits. These regulations and other provisions of this article may be enforced by any law enforcement officer within the officer’s appropriate territorial and subject matter jurisdiction or by the parks and recreation director, or by any parks and recreation department employee so designated and empowered by the parks and recreation director.”

Section 2. Section 12-3, paragraph (k) of the Town Code is hereby amended to read as follows:

“(k) Dogs, cats, and other pets, excluding horses, livestock and animals not commonly domesticated, are allowed within the parks, except in those areas specifically marked and designated that no dogs, cats, or other pets shall be allowed. All animals are subject to the town animal control ordinance.

(1) Except as otherwise specifically prohibited by this chapter, dogs, cats, and other pets, excluding horses, livestock and animals not commonly domesticated, are allowed within the parks. All animals are subject to the town animal control ordinance.

(2) Dogs, except service animals, are not permitted, whether on or off leash, within fences and/or other boundaries that identify any developed, improved playing fields in any parks.”

Section 3. This Ordinance shall be effective June 1, 1999.

This the 10^th day of May, 1999. (FIRST READING)

Mr. Karpinos stated that the ordinance would have to come back for a second reading.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE MANAGER POST SIGNS IN ALL THE PARKS REMINDING PEOPLE ABOUT THE LEASH LAW AND ALSO ASKING PEOPLE TO CLEAN UP AFTER THEIR DOGS. THE MOTION WAS ADOPTED BY A VOTE OF 5-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, FOY, AND MCCLINTOCK VOTING AYE, AND COUNCIL MEMBERS CAPOWSKI, EVANS, AND PAVÃO VOTING NAY.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, THAT HER MEMO REGARDING ACCESS TO THE MERRITT PASTURE BE FORWARDED TO THE PARKS AND RECREATION COMMISSION AND THE GREENWAYS COMMISSION.

Mayor pro tem Capowski asked if there would be a report on the walk that the Parks and Recreation Commission took through the Merritt Pasture. Mr. Horton answered not on that particular walk but that they were going to report on their work with the neighbors.

Council Member McClintock said that she would object to having a road and parking lot in the Merritt Pasture.

Council Member Foy said that he would not vote for the motion if it allowed access to the Merritt Pasture from the access ramp. Mayor pro tem Capowski and Council Member McClintock agreed.

Council Member Evans said that there had been a committee established to study all the options for access, and that she thought they should be allowed to look at them all.

Council Member Brown asked Council Member Evans if she was talking about access by car. Council Member Evans said she meant any access, but that NCDOT had stated that the access could not be off the access ramp. She said that there was also the option of using Town-owned land on the south side of the Pasture, which NCDOT could use as a staging area for construction of the bridge and then the land could possibly be used as access to the Pasture, noting that the bridge would take a long time to build.

COUNCIL MEMBER FOY AMENDED THE MOTION TO DELETE REFERENCE TO ACCESS FROM THE RAMP TO THE PASTURE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 9 – Resolution and Ordinance Authorizing Additional Funding to the First Baptist Church to Conduct a Feasibility Study for a HUD Section 202 Elderly Housing Project

Chris Berndt, Long Range Planning Coordinator, summarized the previous grants which the Council had authorized from the Housing Loan Trust Fund of $25,000 to the First Baptist Church to conduct a feasibility study for a U.S. Department of Housing and Urban Development (HUD) Section 202 Elderly Housing project. She said that Orange County had also contributed $10,000 to the Church for the cost of conducting the study, for a total of $35,000. Ms. Berndt said that the First Baptist Church proposed the following changes to the budget:

(1) that some of the items in the budget be lowered in cost; and,

(2) a net addition to the total budget of $10,000, which would be used to pay a land option cost.

Ms. Berndt said that the land options would go from $5,000 to $26,000, but that the net overall increase would be $10,000. She noted that the site was owned by the Pines Community Center, and the amount of land to be acquired would be about six acres of a nine-acre site. Ms. Berndt said that the Town was one of the note holders of the property. She said the staff recommended that the Town authorize an additional $10,000 to enable the Church to proceed with the feasibility study for HUD. She said there were two additional recommendations:

(1) that, if the HUD Section 202 Grant was awarded, the First Baptist Church must repay to the Town all funds used for the land option to the Pines Community Center Incorporated; and,

(2) that, if First Baptist Church received a HUD Section 202 Elderly Housing Grant, it notify the Town of its intent to complete the purchase of the six acre site on Park Road, so the Town could pay off its Promissory Notes and Deeds of Trust on the property.

Ms. Berndt said that the staff recommended adoption of Resolution 6 and Ordinance 4.

Mayor Waldorf asked, regarding page 12 of the Feasibility Study from the First Baptist Church, under Section 8, “The Seller will also be required to extend the sewer to the site and to obtain the proper easement as required by OWASA,” if the staff could give the Council some reassurance that the seller had this capability. Rev. John R. Manley, Pastor of the First Baptist Church, thanked the Council for all its support in the pursuit of the project. He said that the progress report showed that there had been diligence and prudence in the effort. Rev. Manley said that HUD would not consider a project that did not have water and sewer. He said that the company that owned the property had agreed to the easement to be agreed to with OWASA. Rev. Manley said that with an additional $10,000 added to the budget, they would be able to pay off the interest and apply this to the purchase price. He said they felt that they had put together a package that would take care of all the loose ends, if the Council approved the package.

Mr. Lane Sarver reviewed the site plan and indicated on the plan where the sewer easement would be necessary to get to the public right-of-way. He said that it was necessary to get the attorneys from Laurel Ridge and OWASA to agree to the easement document, and once that was agreed upon, the grant should pay for the sewer on site.

Council Member Bateman asked Mr. Sarver what he thought the likelihood was of the Church getting the HUD grant. Mr. Sarver said that there were 82 units available for the 30 metropolitan counties, and they were asking for 41 of them. He said that if the project did not exceed the need it would receive the full 15 points for the category, or if it did exceed the need, it would receive 0 points. Mr. Sarver said that because there was a need in Orange County, the project would receive the full 15 points, and the support of the Town and County would give the project strength, but that the competition was strong. He said that if the project did not get HUD funding this year, they would reapply next year.

Mayor pro tem Capowski asked if there was a signed contract between the Church and the Pines Community Center. Mr. Sarver said that there would not be a signed contract until they knew that they could pay for the option payments, and that was why they were asking for an increase to the budget to allow them to pay the option payments required to keep the site under control for 13 months.

Mayor pro tem Capowski said that the Council was being asked to put up money for a contract that was not signed yet. Mr. Horton said that the Town would not provide the money until it received a contract. Rev. Manley said they had a letter-of-intent signed, but would not have a contract until they were sure that they would have the money.

Council Member Foy asked, if the option were entered into and the property was later foreclosed on, would the option be extinguished. Mr. Karpinos said it would.

Council Member Foy asked what guarantee the Council would have that the $2,000 was going to pay the mortgage so the Council could ensure that during the option period there would be no possibility for foreclosure. Mr. Horton said that they were going to require that to be indicated in the agreement between the two parties, before the Council agreed to give them any more money.

Council Member Foy asked what the insurance would be. Mr. Horton said that they would write the check to both the First Baptist Church and to Central Carolina Bank.

Council Member Foy questioned the amount of the purchase price, $284,000, listed on page 2 of the memorandum. Ms. Berndt said that the amount should be $274,000.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING AN ADDITIONAL $10,000 GRANT FROM THE HOUSING LOAN TRUST FUND TO FIRST BAPTIST CHURCH TO CONDUCT A FEASIBILITY STUDY (99-5-10/R-6)

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; and

WHEREAS, on February 22, 1999, the Council provided a $25,000 grant 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; and

WHEREAS, on April 28, 1999, First Baptist Church requested a modification to the budget previously approved by the Council and requested an additional $10,000 for the feasibility study;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes an additional $10,000 grant to the First Baptist Church for an increase in the land option costs.

BE IT FURTHER RESOLVED that the Council adopts the revised budget for the First Baptist Church feasibility study as follows:

Original Budget Revised Budget

Detailed topographic survey $ 8,000 $ 4,725

Environmental Phase I Analysis $ 3,000 $ 1,100

Preliminary site design, site planning $ 5,000 $ 2,500

Soils Engineering Tests $ 5,000 $ 4,000

Appraisal $ 4,000 $ 1,900

Land Options $ 5,000 $26,000

Preparation of Fund Reservation

Legal, Organizational, Coordination $ 5,000 $ 4,775

TOTAL $35,000 $45,000

BE IT FURTHER RESOLVED that if First Baptist Church receives a HUD Section 202 Elderly Housing Grant it shall notify the Town of its intent to complete the purchase of the six acre site on Park Road; and the Council authorizes the Manager at that time to demand payment of the Town’s Promissory Notes and Deeds of Trust on the Park Road property.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to amend the Town’s Performance Agreement with the First Baptist Church to reflect the revised budget and the $10,000 increase.

This the 10^th day of May, 1999.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGNINING JULY 1, 1998” (99-5-10/O-4)

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 1

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

HOUSING LOAN

TRUST FUND 141,833 $10,000 $151,833

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

HOUSING LOAN

TRUST FUND 141,833 $10,000 $151,833

This the 10^th day of May , 1999.

Item 10 – South Columbia Street Townhomes Application

for Zoning Atlas Amendment and Special Use Permit

Mr. Horton said that the applicant was unable to appear before the Council at this evening’s meeting and asked that the hearing be postponed until May 24^th.

Mayor pro tem Capowski asked if there were any changes in the proposal. Roger Waldon, Planning Director, said that it was the same version that had come to the Council at a Public Hearing in January. He said that Mr. Gammon had indicated there would be changes but had not yet indicated the changes formally. Mr. Horton said that if Mr. Gammon submitted anything, even today, it would not be ready by May 24^th, and he said that there would not be any substantial differences between what the Council had already seen and what they might see on the 24^th.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADJOURN THE PUBLIC HEARING.

Council Members Evans and Pavão said that the applicant should be given another date. Mr. Horton recommended that if it chose to postpone the public hearing, the Council should reschedule it for May 24^th, so that this issue could be brought to a close, since it had dragged on for some time.

Council Member McClintock said that in terms of fairness, the applicant had been given opportunities to make changes, which he had not done, and she said it was time to say “yes” or “no.”

THE MOTION WAS ADOPTED BY A VOTE OF 6-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY AND MCCLINTOCK VOTING AYE, AND COUNCIL MEMBERS EVANS AND PAVÃO VOTING NAY.

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 7b. THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, EVANS, FOY AND MCCLINTOCK VOTING AYE, AND COUNCIL MEMBER PAVÃO VOTING NAY.

A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR SOUTH COLUMBIA STREET TOWNHOMES (99-5-10/R-7b)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of White Oak Properties, Inc. to amend the Zoning Atlas to rezone property described below from Residential-2 to Office/Institutional-2 Conditional Zoning, and fails to find that the amendment:

a) corrects a manifest error in the chapter; or

b) is justified because of changed or changing conditions in the area of the rezoning site or the community in general; or

c) achieves the purposes of the Comprehensive Plan.

For the reasons that:

a) the Zoning Atlas is not in error;

b) there have not been changed conditions that would justify this rezoning; and

c) the Land Use Plan, a component of the Comprehensive Plan, identifies this parcel for low density residential use.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application of White Oak Properties, Inc. to amend the Zoning Atlas to rezone the property identified as Chapel Hill Township Tax Map 126, Block E, Lots 1 and 2A, located at the northeast corner of the intersection of South Columbia Street and Highway 54 By-pass from Residential-2 to Office/Institutional-2 Conditional. The legal description of the entire property is as follows:

BEGINNING at a point in the Western boundary of the right-of-way of South Columbia Street where said right-of-way intersects the Northern boundary of the right-of-way of North Carolina Highway 54 Bypass; thence continuing along the Northern boundary of the right-of-way of said highway in a westerly direction along an arc of radius 1,562.02 feet a distance of 920.85 feet to a point, the southeastern-most point of the property of Helen Costello on said highway right-of-way; thence along the line of said Costello property the following courses and distances: South 88 degrees 57 minutes 00 seconds East 81.98 feet to a point; thence North 55 degrees 53 minutes 00 seconds East 120.50 feet to a point; thence North 20 degrees 43 minutes 00 seconds East 120.50 feet to a point; thence North 01 degrees 30 minutes 00 seconds West 31.80 feet to a point, a common corner of said Costello property and the property of Harvey Bennett; thence along the line of said Bennett property the following courses and distances: South 78 degrees 14 minutes 06 seconds East 236.82 feet to a point; thence North 26 degrees 00 minutes 09 seconds East to a point in the Northern line of Monroe Street; thence along the Northern line of said Monroe Street to a point in the Western right-of-way of South Columbia Street; thence South 16 degrees 21 minutes 45 seconds East along said right-of-way of South Columbia Street to a point, the Northeastern corner of the property now or formerly owned by B. R. Strowd; thence South 73 degrees 38 minutes 15 seconds West 160.00 feet to a point; thence South 16 degrees 21 minutes 45 seconds East 75.00 feet to a point; thence North 73 degrees 38 minutes 15 seconds East 160.00 feet to a point in the Western right-of-way of South Columbia Street; thence along said right-of-way South 16 degrees 21 minutes 45 seconds East 184.62 feet to a point; thence in a southerly direction along an arc having a radius of 621.09 feet a distance of 199.82 feet to the point and place of BEGINNING.

This the 10^th day of May, 1999.

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, RESOLUTION 8b. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SOUTH COLUMBIA STREET TOWNHOMES (File Number 126.E.1 and 2A)

(99-5-10/R-8b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by White Oak Properties, Inc. on property identified as Chapel Hill Township Tax Map 126, Block E, Lot 1and 2A, if developed according to the site plan dated December 4, 1998, and conditions listed below, would not:

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

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

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a use or development that is a public necessity; and

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

BE IT FURTHER RESOLVED that the Council finds:

1. The development as proposed does not meet the requirements of the Residential-2 zoning district.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for South Columbia Street Townhomes.

This the 10^th day of May, 1999.

Item 11 – Items Related to Projects in the Parks and Recreation Department

a. Appropriation of Payment in Lieu of Recreation Area Funds

Kathryn Spatz, Parks and Recreation Director, summarized the request for payment in lieu money for certain recreation area improvements and construction. She said that the Development Ordinance required developers to dedicate recreation areas as part of the approval process, but there was a provision in the ordinance which would allow developers to make a cash payment to the Town in lieu of providing a recreation area, in certain circumstances and with permission of the Council. Ms. Spatz said that the Parks and Recreation Department had received payment in lieu from three developers in 1998 and 1999 and that Ordinances 6 and 7 would appropriate $53,362 of payment in lieu of recreation area funds to parks and recreation capital projects. She said that the largest of the payments in lieu was from the Culbreth Ridge Subdivision of $92,310. Ms. Spatz said there was a project at Jones Park, renovations of the parking lot, estimated at $16,000, which needed attention. She said that the Department would be recommending that the remainder of the $92,310 go toward planning for Southern Community Park. Ms. Spatz said that the Knollwood Subdivision payment in lieu was $18,962 and that the Department recommended that money be used to fix the water problem at Cedar Falls Park. Ms. Spatz said that the third project was the Fox Hill Subdivision, $18,400 payment
in lieu money, and the Department was recommending that $15,000 of that money be used for the second option in the skateboard item (agenda item 11b). She noted that was where item b was related to the first item a.

b. Installation of Skateboard Ramps and Equipment at Northern Community Park

Ms. Spatz said that the Skateboard Park Advisory Committee had sent out requests for proposals to firms for provision of skateboard ramps and equipment. She said that before the requests were sent out the Committee had been advised that the budgeted $60,000 might be low, so they asked for bids on $60,000 and $75,000. Ms. Spatz said that they received one bid and they felt it was a good bid. She said that the $75,000 bid would complete the skating core part of the Skateboard Park, was more in line with the Conceptual Plan, had more room for novice skaters, and more skaters could use it at once than the $60,000 bid which would be sufficient, but would probably require a second phase.

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

Mayor pro tem Capowski said that when the Council started to talk about the Skateboard Park at Northern Community Park they were talking about $25,000. Mr. Horton said that the $25,000 was a number suggested by a citizens’ group, not by the Town.

Council Member Pavão said that it was $50,000 when they started talking about it, but also the cost for the Park was less in 1994.

Mayor pro tem Capowski asked what a synthetic surface was, how did it wear, and how was it maintained. Bill Webster, Parks and Recreation Administrative Analyst, said it looked like masonite, it wore well, and it did not need maintaining. He said that the other alternative was steel, which had many problems.

Mayor pro tem Capowski asked, if the Council voted for the $60,000 option, what the staff would suggest to be done with the remaining $15,000. Mr. Webster suggested allocating it to the Northern Community Park to be used for other facilities there.

Mayor pro tem Capowski asked if the $15,000 would allow the Town to get another recreation facility completed more quickly than otherwise. Mr. Horton said, that to the contrary, the choice of the $60,000 option would raise concerns about maintenance to enclose and seal the skateboard ramps.

Council Member Bateman said that she supported the ordinance because the more space there was the more people could use it.

Council Member McClintock asked if concerns had been raised about the noise level of a skateboard park. Ms. Spatz said that she had not heard any.

Council Member Bateman said that anyone buying a house near a park, was going to be aware that it was there and that there would be noise and lights. Mr. Horton said that this site was set back away from the edge of the Park and was designed to fit inside the Park, not in a residential neighborhood.

Council Member McClintock said that she was concerned about the lights. Mr. Horton said that the lighting design would be reviewed by the Community Design Commission to make sure that it conformed to Town standards.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-5-10/O-6)

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

GENERAL FUND

Non-departmental

Transfer to Capital

Projects Fund 233,096 18,400 251,496

CAPITAL

IMPROVEMENTS FUND 1,555,516 34,962 1,590,478

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 2,025,991 18,400 2,044,391

CAPITAL

IMPROVEMENTS FUND 1,555,516 34,962 1,590,478

This the 10^th day of May, 1999.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 7. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR A CAPITAL PROJECT (99-5-10/O-7)

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

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:

Current Budget Revised Budget

Bond Proceeds 5,000,000 5,000,000

Other Revenues 198,800 217,200

Total 5,198,800 5,217,200

Amounts appropriated are for the project as follows:

Parks and Recreation Facilities 5,198,800 5,217,200

SECTION IV

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 10^th day of May, 1999.

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

A RESOLUTION ACCEPTING AND AWARDING THE BID FOR SKATEBOARD EQUIPMENT FOR NORTHERN COMMUNITY PARK IN THE AMOUNT OF $75,000 (99-5-10/R-9a)

WHEREAS, The Town of Chapel Hill solicited formal bids by advertisement in The Chapel Hill News on March 14, 1999, in accordance with G.S. 143-129 for the installation of skateboard ramps and equipment at Northern Community Park; and

WHEREAS, the following bid was received and opened April 15, 1999:

VENDOR BID

David B. Smith Contractors Lump Sum (Base Bid)

Hampstead, N. C. Equipment & Structures $60,000

Lump Sum (Alternative)

Equipment & Structures $75,000

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the alternative bid of David B. Smith Contractors in the amount of $75,000 for the installation of skateboard ramps and equipment at Northern Community Park.

This the 10^th day of May, 1999.

Item 12 – Report on Use of a Special Service District Tax to Fund

Future Solid Waste Activities.

Gayle Wilson, Solid Waste Director, summarized the report the Council had requested at its March 22^nd meeting about funding the Solid Waste Management Plan by means of Service District taxes. He said the money would be used to support solid waste services for which “tipping” fees were unable to fund. Mr. Wilson said that the report laid out in summary form the statutory authority, and surveys of some areas around the State using such a tax district, noting
that three of these areas were listed in the report—Dare County, Franklin County, and Wilson County. He said that from the evaluation, the staff considered a Service District Tax as a viable method of financing the implementation of the Solid Waste Management Plan.

Council Member Brown asked which funding mechanisms would receive funding from non-profit organizations. Mr. Wilson said that the availability fee would treat profits, non-profits, residential and non-residential the same. He said that the County-wide property tax method, as well as the service district tax method, did not appear to be able to include the non-profits. He said that he was not recommending any specific method.

Mayor Waldorf asked whether it would be possible to have both district taxes and an availability fee, fairly calculated, that could be applied to tax-exempt, non-profit organizations so that everyone who generated recyclables paid their fair dollar, but with different mechanisms. Mr. Wilson said that Wilson County was doing that.

Council Member McClintock said that all non-profits should pay their fair share and would not be in favor of a device that excluded non-profits.

Council Member Foy asked whether Mr. Wilson was saying that the tax that they were talking about was not a property tax in the district, but an availability fee in the district, so an availability fee only applied to an urban services district, and asked if it had to be a property tax or only an availability fee. Mr. Wilson said that a service district was a property tax, distinct from an availability fee. He said that if there were two districts there would be a tax rate adopted for each of those two districts, based on the value of the property, but an availability fee had no relationship to the value of the property, but was based on the type of services received.

Council Member Foy asked if it would be possible to have an urban services district that had an availability fee. Mr. Wilson said that the Town could have an availability fee applied to a geographic area that it designated as a tax district. He said it would be separate and distinct from the taxes the Town would receive from the tax district through the rate on the properties, and the Town could overlay an availability fee.

Mayor Waldorf said the reason that the Council was looking at this was that the County Commissioners were not interested in funding this through a County-wide tax, nor did they express an interest in an availability fee, and Carrboro expressed an objection to an availability fee, which they thought was regressive. Mr. Wilson said that this option was a part of a report done three years ago about financing options, and more recently through a conversation between Mr. Horton and Orange County Manager John Link. He said the recommendation made by the staff was a combination of a County-wide tax and an availability fee.

Mayor pro tem Capowski asked, if the Town adopted the philosophy that a user should pay in proportion to the amount of services he/she used, rather than on the value of his/her property or non-profit status, which of the two or combination of both would be best. Mr. Wilson said that the availability fee was required to be based on the level of services one received or those which one could receive in the future.

Mayor pro tem Capowski asked if the staff was considering canceling “tipping” fees. Mr. Wilson said that the fees would remain on any disposal facilities the Town had and would be made comparable to others in the region.

Mayor pro tem Capowski asked what the underlying philosophy was that said what part of the charges were covered by “tipping” fees and what part of the charges for all the solid waste activities would be covered by an availability fee or an availability tax. Mr. Wilson said that the staff figured the cost of each of the individual programs and services offered. He said that any excess left from the “tipping” fees was used for the recycling programs.

Council Member McClintock said that the County would be sorting all of this out and she felt that the Council should move on and not try to tie the County’s hands.

Mayor Waldorf said the question of who paid and how was one of the most important questions that remained to be resolved, and should be part of any interlocal agreement that would be signed.

Council Member Foy said that the Council should formally endorse this as a potential option if it furthered the transfer to the County.

Council Member Brown said that she thought that the interlocal agreement was going to include this kind of decision. Mr. Wilson said that financing was a key component of the interlocal agreement.

Item 13 – Designation of Ozone Non-Attainment Areas

David Bonk, Senior Transportation Planner, said that the report before the Council summarized the three options put forward by the Division of Air Quality from the State with regard to the designation of ozone non-attainment areas for the State, including the Chapel Hill urban areas, which were affected by all three options. He said that the Transportation Equities Act for the 21^st Century required that the Environmental Protection Agency (EPA) formally designate areas for ozone non-attainment by July 2000. Mr. Bonk said that the Governor must submit a recommendation to the EPA by July 1999, and the Governor, through the Division of Air Quality, had put forward these three options for the designation of ozone non-attainment areas and a public comment period was open until May 14^th. He said the three options were formulated based on information gathered through the use of monitors placed in various counties. Mr. Bonk said that Option C, which was most inclusive, was the Option that the staff recommended, because it went the furthest to try to deal with the problem of ozone pollution.

Mayor pro tem Capowski asked if most of Chapel Hill’s ozone problems came from automobiles, and if a building did not generate significant amounts of pollution, but had a lot of employees with cars driving to it, would be penalized. Mr. Bonk said that would be addressed in the Transportation Plan.

Mayor pro tem Capowski asked, if Orange County became a non-attainment area, were penalties established. Mr. Bonk said that the penalties were those that were covered by the entire non-attainment area, and highway funds could be frozen.

Mayor pro tem Capowski asked about local ozone areas. Mr. Bonk said they tended to be scattered, the pollutants spread.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 10.

Mayor Waldorf asked if it made sense to include in the Council’s comments, the need for more funding for mass transit and other non-single-occupancy vehicle transportation alternatives. Mr. Bonk said that he believed that would be helpful.

Council Member Evans suggested adding the request that the State ask that Sports Utility Vehicles meet the same emission standards as regular automobiles. Mr. Bonk said that emission standards tended to be regulated by the federal government rather than the states.

Mr. Horton suggested amending Resolution 10 by saying: “Be it further resolved that the Governor is urged to seek additional funding in support of public transit systems and other forms of public transportation that would have a tendency to reduce emissions.” The Council accepted the amendment by consensus.

THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION PROVIDING THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WITH A RECOMMENDATION ON THE AREA TO BE DESIGNATED NON-ATTAINMENT FOR OZONE (99-5-10/R-10)

WHEREAS, the federal Transportation Equities Act for the 21^st Century required the Environmental Protection Agency to designate ozone non-attainment areas by July 2000; and

WHEREAS, the federal Clean Air Act requires North Carolina’s Governor to make a recommendation on ozone non-attainment designation to the Environmental Protection Agency by July 1999; and

WHEREAS, the Department of Environment and Natural Resources has prepared three ozone non-attainment designation options for public comment; and

WHEREAS, the Town of Chapel Hill has evaluated each option;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends the Governor adopt Option C as the ozone non-attainment designation for the State of North Carolina.

BE IT FURTHER RESOLVED that the Governor is urged to seek additional funding and support of public transit systems and other forms of transportation that would have the tendency to reduce emissions.

This the 10^th day of May, 1999.

Item 14 – Consideration of Resolution Supporting

Blue Ribbon Growth Study Commission.

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

Council Member Foy suggested that the Council ask Senator Howard Lee to include specific language in Senate Bill 1123 under Section 1.c to include consideration of urban growth boundaries, instead of “designation of urbanization areas,” and to suggest sharing the model and information the Council had received at a work session on climate protection campaign and urban growth model (Ugrow) with the commission.

COUNCIL MEMBER FOY AMENDED THE MOTION TO ASK SENATOR LEE TO CHANGE THE LANGUAGE IN SECTION 1C OF SENATE BILL 1123, TO INCLUDE CONSIDERATION OF URBAN GROWTH BOUNDARIES, INSTEAD OF “DESIGNATION OF URBANIZATION AREAS.” THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SUPPORTING SENATE BILL 1123 REGARDING THE ESTABLISHMENT OF A BLUE RIBBON GROWTH STUDY COMMISSION

(99-5-10/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports Senate Bill 1123 that establishes a State Blue Ribbon Study Commission to address growth, infrastructure, and development issues.

This the 10^th day of May, 1999.

Mayor Waldorf said that she would write a letter to Senator Lee with the Council’s suggestions.

Item 15 – Consideration of Resolution Supporting General Assembly Legislation for Funding of the Cape Fear River Assembly

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION IN SUPPORT OF FUNDING FOR WATER QUALITY PROTECTION FOR THE CAPE FEAR RIVER BASIN (99-5-10/R-12)

WHEREAS, the Cape Fear Basin extends from Burlington through southern Orange County to the mouth of the Cape Fear River; and

WHEREAS, we have a stake in the water quality of this river basin along with our partners down stream;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby urges our State legislators to support Senate Bill 801 and House Bill 1383 which will provide funding for water quality protection for the Cape Fear Basin.

This the 10^th day of May, 1999.

Mayor Waldorf said that she would write a letter to Senator Tony Rand regarding the action by the Council.

Item 16 – Report from the School and Land Use Councils Regarding the Revised Memorandum of Agreement for Coordinated Site and Facility Planning

Council Member McClintock asked that the Council endorse the memorandum.

Council Member Brown asked if something could be included in the memorandum about energy and if this had been discussed. She suggested that under I, after B, something could be added to the language about energy.

Mayor Waldorf suggested that the Council endorse the memorandum in concept and then refer it to the staff for their thoughts.

Council Member Bateman asked if the process addressed something that included the towns in the facility planning.

Council Member McClintock said that was a good suggestion, and it should be more specific.

Council Member Pavão said that the concept had not yet been acknowledged that there should be joint participation in design and use of a public facility.

Council Member Evans asked if the issue of siting of the schools had been considered.

Council Member McClintock said that issue was being addressed, which would basically be a facilities plan.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER THE RESOLUTION ADOPTING THE MEMORANDUM OF AGREEMENT FOR PROVIDING COORDINATED SITE AND FACILITY PLANNING TO THE MANAGER AND ATTORNEY, WITH COMMENTS MADE BY COUNCIL MEMBERS BROWN AND BATEMAN INCLUDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 17 – Evaluation of Manager and Attorney

Council Member McClintock said that she and Council Member Pavão had suggested some timeframes and also had some suggestions for the evaluations process.

Council Member Pavão said that what they were attempting to do was to avoid the experience the Council had last year, and to refine the document so that everyone would be able to work from the same document for assessment, having five goals that they agreed on, and having a facilitator work with the Council and advise it on the five goals. He said it would most likely require a work session.

Council Member McClintock said that they were looking for a date in early July, late August or early September.

Mayor Waldorf said that she would agree to do it in late August or early September, on the condition that the Council hire an outside facilitator to manage the process who had training in personnel evaluation. She said that she understood the Council would set during the retreat five performance goals for the future. Mayor Waldorf said that she wanted a real commitment on the part of the Council for fairness. She said that she had someone in mind to be the facilitator.

Council Member McClintock said that the facilitator would meet with the Council on this year’s evaluation of the Manager and the Attorney, to assist the Council in organizing their thoughts in a cogent, unified manner, and to write a written report that the Council could then review with the Manager and Attorney. She said that, in addition, the facilitator would assist the Council in identifying five goals for next year.

Council Member Pavão said that he felt the first thing to do was to talk with the facilitator regarding the goals and then set up a meeting, and he felt that the Mayor should be the one to do this.

Mayor Waldorf said that she would schedule a meeting with the facilitator and then inform the Council how the facilitator suggested they proceed. She added that Ms. Pat Fischer would be an excellent choice as facilitator. Council Member Pavão agreed.

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, THAT THE FACILITATOR MEET WITH THE COUNCIL ON THIS YEAR’S EVALUATION OF THE MANAGER AND THE ATTORNEY, TO ASSIST THE COUNCIL IN ORGANIZING THEIR THOUGHTS IN A COGENT, UNIFIED MANNER, AND TO WRITE A WRITTEN REPORT THAT THE COUNCIL COULD THEN REVIEW WITH THE
MANAGER AND ATTORNEY, AND THAT, IN ADDITION, THE FACILITATOR WOULD ASSIST THE COUNCIL IN IDENTIFYING FIVE GOALS FOR NEXT YEAR. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER PAVÃO MOVED TO ADJOURN. THE MOTION WAS ADOPTED BY CONSENSUS (8-0).

The meeting was adjourned at 10:31 p.m.

The minutes of May 10, 1999 were adopted on the 28^th day of June, 1999.

__________________________________________

Joyce A. Smith, CMC

Town Clerk