SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, AUGUST 23, 1999 AT 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, Julie McClintock, Lee Pavão, and Edith Wiggins. Council Member Kevin Foy arrived at 7:06 p.m.

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, Planning Director Roger Waldon, Long Range Planning Coordinator Chris Berndt, Long Range Planner Claudia Paine, Transportation Planner David Bonk, Engineering Director George Small, Transportation Director Bob Godding and Town Clerk Joyce Smith.

Item 1 – Ceremonies

(None)

Item 2 – Public Hearing to Receive Comment on Amending

the 1999-2000 Community Development Program

Mr. Horton stated that the Annual Report contained multiple errors caused by a virus in the network operating system. He said that a corrected report would be issued soon.

Mr. Horton said that the purpose of the public hearing was to receive citizen comments on how to spend $181,500 of Community Development Program income.

Long Range Planning Coordinator Chris Berndt said that the available funds were from loans repaid to the Town from the Pines Community Center and must be rebudgeted for eligible Community Development activities, including various activities that benefit low and moderate income families in Chapel Hill, housing improvement, public improvement, public services, and those types of activities which were potentially eligible. She said that the staff welcomed any public comments and proposals. Ms. Berndt said that Orange Community Housing Corporation had made proposals at the Council’s July 7^th meeting, with a request that the Council consider budgeting additional funds for the townhomes proposed for Legion Road and Scarlette Drive. She noted that the Council at the July 7^th meeting had made some additional requirements and stipulations especially about sidewalk improvements in the project. Ms. Berndt said that the Police Department had a proposal to put before the Council tonight.

Ms. Berndt said that the staff would return with a potential budget and final recommendation for the Council’s October 11^th meeting, and would be taking the comments to the Housing and Community Development Advisory Board for its recommendations.

Terry Carver of EmPOWERment, Inc., read a letter from its President, Vivian Foushee to the Mayor and Town Council, asking for continued support of their work to preserve local neighborhoods and expansion of opportunities for affordable housing for families. She read that the organization had, over the past three years, been dedicated to helping all citizens of Chapel Hill and Carrboro, and that by the end of the month they had committed to helping eighteen families purchase their first home, and the Homebuyers Club helped families prepare for home ownership and provided support to the families once they had moved into their homes. Ms. Carver said that their purpose was to respond to opportunities as they arose and that the flexible second mortgage financing from the Town was essential to their ability to respond quickly. She said that currently the organization was negotiating to purchase five properties in the Pine Knolls and Northside communities which would require at least $110,000 in second mortgage financing.

Michael Ullman, Executive Director of Community Cuisine, requested that its original request for $37,500 be fully funded. He said that they had received $16,000. Mr. Ullman said that they had recently completed a three-week summer program which involved at-risk youth from the community and other parts of the Triangle.

Robert Dowling, Executive Director of Orange Community Housing Corporation, said that the organization was requesting another $84,000 for the Scarlette Drive project. He said that their request for $84,000 from the Federal Home Loan Bank had been denied because they were not down to 50% median income. Mr. Dowling said that the maximum allowable income was $38,000 for a two-person household, and that interest rates had risen since the original request had been made. He said $84,000 would be necessary to subsidize the proposed townhomes, and he would hope they could be built for less, but he could not project that.

Officer Phil Smith, Chapel Hill Police Department, said that the Police Department was recommending the possibility of the Town purchasing a vacant lot and a vacant house in the Northside neighborhood and three vacant houses in the Pine Knolls neighborhood, either to be used for affordable housing or a small park. He said that people in the neighborhoods were complaining about drug use in the wooded lots and of their fear to walk near them.

Mayor Waldorf asked Officer Smith if he knew what the property was valued at. Officer Smith said he did not.

Mayor pro tem Capowski asked if the house would have to be torn down or if could it be restored. Officer Smith said it had been vacant for two years. He said windows and siding would have to be replaced, but that the house was basically in good shape.

Council Member Bateman asked if the property was for sale. Officer Smith said he did not know, adding that he had contacted the realtor who could not give him a definite answer. He said the owner of the house lived in New York. Officer Smith said that he and some other officers had mowed the lawn and picked up the yard.

Council Member Wiggins asked if the Town ever solicited applicants for the funds or if it waited for an application to be submitted. Mr. Horton said notices were sent out as a routine process.

Council Member Wiggins asked that an application be submitted to Mrs. Esther Tate who wanted some help with improvements and landscaping around her property.

Council Member McClintock requested that the staff follow up on some of the proposals which had been made and bring back recommendations to the Council.

Council Member Evans asked whether the property noted by Officer Smith could be used for housing Town employees.

Mayor Waldorf asked whether another possibility for use of the funding would be for housing for Town and University employees, which an informal group of University and Town citizens were looking into. She asked the Manager to inquire as to whether that would be an eligible use for the money.

Mayor pro tem Capowski asked the staff to include in their report the total Town investment in the Scarlette Drive project, including the value of the land, and to investigate whether the fence for the Scarlette Drive cemetery would be an eligible use for the funds. He asked for staff comment on the use of future loan paybacks with private money.

Council Member Foy asked whether the three vacant houses in the Pine Knolls development were still a part of what the Council was considering. Ms. Berndt said that one of the homes was in the foreclosure process and the other two were being considered by EmPOWERment, Inc. for development, so they were not as much of a pressing urgency as were the vacant lot and vacant home in the Northside development.

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

Item 3 – Petitions by Citizens and Announcements by Council Members

a. Petitions by Citizens

1. By Eunice Brock

Ms. Brock read a letter to the Council in reference to the plans for landscaping and wall between the cemetery and Scarlette Drive property, requesting the installation of a six-foot-high pierced-brick wall along the property line next to the Scarlette Drive property. She also requested the planting of trees that would grow tall enough to screen the cemetery from the two-story condominiums which would be constructed on the land behind the cemetery.

Nancy Preston, former Council Member, said that while the Town was considering a fence for the cemetery, it would be a good time to consider the entranceways of the cemeteries and construct attractive, simple entranceways.

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

Council Member McClintock said she would like to see a plan for improvements and the budgets for them, so that they could be implemented over a period of time.

2. By Peggy Pollitzer, Chair of the Chapel Hill Museum

Ms. Pollitzer presented a petition from the Chapel Hill Museum requesting that the premises situated at 523 East Franklin Street be designated as a “Public Cultural Facility” providing museum services to the general public as defined by the Town’s Development Ordinance.

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

Mr. Horton said that a response to this petition could be brought to the Council at its next meeting on September 13^th.

3. By Ray Wolf

A written petition from Mr. Wolf regarding a dog incident and the Animal Control Ordinance was received.

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

4. By Bill McDonnell

Mr. McDonnell urged the Town Council to work together with other communities in the Triangle to better understand what the causes of the worsening air quality were, to identify potential solutions, and to work with neighboring communities to implement solutions.

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

Council Member Brown requested that a report be brought to the Council by the staff on what was being done to implement the solutions, especially in the matter of transportation.

b. Announcements by Council Members

1. Aid to Turkey

Council Member McClintock shared addresses for cash donations to aid the victims of the recent earthquake in Turkey:

AID TO TURKEY

Direct Relief International OXFAM

1-800-676-1638 www.oxfam.org

www.directrelief.org

Council Member Bateman said that she was stationed in the area of Turkey where the quake occurred while serving in the Peace Corp, and thanked Council Member McClintock for mentioning the aid addresses.

Council Member Wiggins said that the Red Cross would also take donations.

2. Electric Vehicle Education Day

Mayor pro tem Capowski thanked the NC Department of Transportation and the staff for the new bike lanes on Pittsboro Street. He also announced that on September 11^th between 10:00 a.m. and 3:00 p.m. on the corner of Rosemary Street and Church Street in parking lot #5, there would be “Electric Vehicle Education Day,” and the Triangle Electric Automobile Association would have electric cars available for people to test drive.

3. Sidewalk on Kingston Drive

Mayor Waldorf told the staff that the sidewalk on Kingston Drive looked fabulous and that she was glad it was completed.

Council Member Wiggins added that the sidewalk functioned well to safeguard pedestrians.

Item 4 – Consent Agenda

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(99-8-23/R-1)

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

a.	Minutes of May 19, 24, June 14, 16, 21, 28 and July 7, 1999.
b.	Resolution approving participation in an event to honor the women from the University on the Women’s National Soccer Team. (Mayor Waldorf) (R-2).
c.	Response to request for a turning movement restriction at the Raleigh Street/Cameron Avenue intersection. (O-1).
d.	Resolution amending the Council’s meeting calendar to add meeting with Chatham County Commissioners regarding water issues and Assembly of Governments meeting. (R-3).
e.	Resolution naming the community park on Homestead Road and N.C. 86 Homestead Park. (Council Naming Committee) (R-4).
f.	Resolution approving installation of lettering in memory of Mr. Charles Wesley Deese at the Community Center pool. (Council Naming Committee) (R-5).
g.	Response to petition regarding the 1999 Big Sweep Clean Up event. (R-6).
h.	Resolution rejecting all bids for an engine pumper apparatus in the Fire Department. (R-7).
i.	Resolution authorizing the sale of Town surplus property (R-8).
j.	Resolution calling a public hearing to consider a proposed revision to the Town’s Comprehensive Plan. (R-9).
k.	Resolution approving the 1998-99 Public Housing Management Assessment Program Certification for submittal to the U.S. Department of Housing and Urban Development. (R-10).
l.	Ordinance establishing a project ordinance for the 1999-2000 Comprehensive Grant Program (O-2).
m.	Ordinances amending Parks and Recreation capital project accounts in the Capital Improvements Program, Multi-Year Project Fund, and the 1996 Park Bond Fund. (O-3) (O-4) (O-5).
n.	Resolution adopting revised Drug and Alcohol Policy in the Transportation Department. (R-11).
o.	Resolution amending lease with the City of Greensboro for the use of additional buses from the Transportation Department. (R-12).

This the 23^rd day of August, 1999.

A RESOLUTION SUPPORTING AN EVENT TO RECOGNIZE UNC WOMEN’S SOCCER PLAYERS ON THE U.S. NATIONAL TEAM (99-8-23/R-2)

WHEREAS, woman’s soccer is a valuable and worthwhile sport in our community; and

WHEREAS, the U.S. Women’s National Soccer Team won the 1999 World Cup; and

WHEREAS, many of the players on the U.S. National Team are current or former members of the UNC Women’s Soccer Team;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports cooperating with the Town of Carrboro, the Chapel Hill Rotary Club, the East Chapel Hill Rotary Club, and the Sunrise Rotary Club to host an event recognizing UNC Women’s soccer players on the U.S. National Team.

This the 23^rd day of August, 1999.

AN ORDINANCE AMENDING SECTION 21-8 OF THE CODE OF ORDINANCES ON TRAFFIC-CONTROL SIGNALS (99-8-23/O-1)

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

Section 1. Article II., Chapter 21-8 (D) is hereby revised as follows:

“Sec. 21-8. Traffic-control signals.

Except at designated no-turn intersections, any vehicle, after coming to a complete stop for a red light facing the vehicle, may make a right turn after yielding to pedestrians and other vehicles. At the following intersections, designated as no-turn intersections, where a sign reading “No Right Turn on Red After Stop” is properly erected, vehicles may not make a right turn against the red light:

Street	At	For Traffic Approaching from the

Raleigh Street	Franklin Street	South
Raleigh Street	South Road	Either direction
Roberson Street	Rosemary Street	North
South Road	Raleigh Street	Either direction
Cameron Avenue	Raleigh Street	West

Section 2. This ordinance shall become effective September 1, 1999.

This the 23^rd day of August, 1999.

A RESOLUTION AMENDING THE COUNCIL’S MEETING CALENDAR (99-8-23/R-3)

WHEREAS, the Council has been asked to meet with Orange Water and Sewer Authority, Orange County, Carrboro, and Chatham County regarding water issues; and

WHEREAS, October 6, 1999, has been determined as an acceptable date for an Assembly of Governments meeting;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a joint meeting with Orange Water and Sewer Authority, Orange County, Carrboro, and Chatham County to discuss water issues for 7:00 p.m. on Thursday, September 2, 1999, at Central Carolina Community College in Pittsboro.

BE IT FURTHER RESOLVED that the Council has determined that October 6, 1999, at 7:30 p.m. at the Southern Human Services Center is an acceptable date and location for an Assembly of Governments meeting to discuss possible construction and demolition sites and the proposed Orange County Recreation and Parks Master Plan.

This the 23^rd day of August, 1999.

A RESOLUTION OFFICIALLY NAMING THE PARK ON HOMESTEAD ROAD AND NC 86 HOMESTEAD PARK (99-8-23/R-4)

WHEREAS, the Town Council has traditionally named public facilities; and

WHEREAS, public input has been sought; and

WHEREAS, the Parks and Recreation Commission has recommended naming the park; and

WHEREAS, the Naming Committee has recommended the name Homestead Park;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the park accessed off Homestead and Airport Roads is hereby officially named Homestead Park.

This the 23^rd day of August, 1999.

A RESOLUTION APPROVING LETTERING THE COMMUNITY CENTER POOL IN MEMORY OF CHARLES WESLEY DEESE (99-8-23/R-5)

WHEREAS, Charles Wesley Deese served as a Desk Attendant at the Chapel Hill Community Center on Estes Drive; and

WHEREAS, citizens have indicated that Charles Wesley Deese touched their lives and was beloved by many patrons of the Community Center pool; and

WHEREAS, citizens have raised money for lettering at the pool in his memory;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves lettering at the Community Center Pool in memory of Charles Wesley Deese.

This the 23^rd day of August, 1999.

A RESOLUTION SUPPORTING THE SEPTEMBER 18, 1999 “FIRST CITIZENS BANK BIG SWEEP” (99-8-23/R-6)

WHEREAS, Chapel Hill is rich in natural resources and beauty; and

WHEREAS, the citizens of Chapel Hill have established clean streams as a community value; and

WHEREAS, water is a basic and essential need for life; and

WHEREAS, trash fouls our waterways as well as our landscapes; and

WHEREAS, every citizen of Chapel Hill can contribute to keeping our environment clean and healthy by working together to preserve clean water and the natural beauty of our surroundings; and

WHEREAS, First Citizens Bank Big Sweep is a State-wide community effort to remove trash from North Carolina’s waterways and landscapes;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to provide assistance with the “First Citizens Bank Big Sweep” by providing means to collect and transport litter collected in Chapel Hill to the landfill; by providing Town GIS maps needed to facilitate the clean up; and by arranging for Zone Captains to assist volunteers with clean up work in Chapel Hill.

BE IT FURTHER RESOLVED that the Council hereby declares September 18, 1999, as TOWN OF CHAPEL HILL BIG SWEEP 1999 DAY, and further urges every citizen to do his or her part to restore the beauty and function of our lakes and streams by volunteering to participate in the Big Sweep event.

This the 23^rd day of August, 1999.

A RESOLUTION REJECTING ALL BIDS FOR THE ENGINE PUMPER APPARATUS AND AUTHORIZING THE RE-BID OF THE ITEM (99-8-23/R-7)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on May 9, 1999, in accordance with General Statute 143-129 for an Engine Pumper Apparatus for the Fire Department; and

WHEREAS, three bids were received and opened on June 22, 1999; and

WHEREAS, all three bids received were over budget;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town rejects all bids and authorizes the re-bid of the apparatus.

This the 23^rd day of August, 1999.

A RESOLUTION DECLARING 105 RANGES AND REFRIGERATORS TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (99-8-23/R-8)

WHEREAS, Article 12 of N. C. General Statutes 160A and Section 4:16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and

WHEREAS, the Town desires to dispose of certain items of personal property;

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

1. That the following items of personal property are hereby declared surplus:

QUANTITY ITEM

57 Ranges

48 Refrigerators

2. That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.

3. That this property is to be disposed of by sealed bid and that any item not sold by sealed bid the Purchasing Agent is authorized to sell the item by private negotiation, public auction, or to an interested firm or individual, or other governmental units in accordance with N. C. General Statutes.

4. That all items shall be sold on an “as is” and “where is” basis and that the Town makes no guarantee of and assumes no responsibility for any of the items.

This the 23^rd day of August, 1999.

A RESOLUTION CALLING A PUBLIC HEARING ON THE TOWN’S DRAFT COMPREHENSIVE PLAN REVISION (99-8-23/R-9)

WHEREAS, the Town Council has instituted a process for revising the Town’s 1989 Comprehensive Plan; and

WHEREAS, the Comprehensive Plan Work Group anticipates submitting a draft Plan revision to the Town Council on September 27, 1999, for consideration;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for Wednesday, October 20, 1999, at 7:00 p.m. in the Council Chamber, Town Hall, 306 North Columbia Street to consider public comment on a draft revision of the Town’s Comprehensive Plan.

This the 23^rd day of August, 1999.

A RESOLUTION APPROVING A PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION (99-8-23/R-10)

WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Public Housing Management Assessment Program (PHMAP) Certification; and

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 1999;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the Public Housing Management Assessment Program (PHMAP) Certification, as submitted to the Council on August 23, 1999.

This the 23^rd day of August, 1999.

AN ORDINANCE TO ESTABLISH A COMPREHENSIVE GRANT PROGRAM (CGP) PROJECT ORDINANCE (99-8-23/O-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 Statutes of North Carolina, the following project ordinance is hereby established:

SECTION I

The projects authorized are the Comprehensive Grant Program (CGP) projects as approved by the Council on April 26,1999 funds are as contained in Amendment to Consolidated Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD) dated July 26, 1999.

SECTION II

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

SECTION III

The following revenue is available to complete the project:

Comprehensive Grant Program $460,265

SECTION IV

The following amounts are appropriated for the project as follows:

Dwelling Structures $379,365

Management Improvements $ 52,000

Fees and Costs $ 6,500

Administration $ 20,400

Relocation $ 2,000

$460,265

SECTION V

The Finance Director is hereby directed to maintain within the Project fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the agreement(s) and federal regulations.

SECTION VI

Funds may be advanced from General funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

SECTION VII

The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

This the 23^rd day of August, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (99-8-23/O-3)

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, 1999” as duly adopted on June 14, 1999, be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

CAPITAL

IMPROVEMENTS FUND

Hargraves Renovations 50,000 50,000 0

Transfer to Capital

Project Fund 0 50,000 50,000

This the 23^rd day of August, 1999.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (99-8-23/O-4)

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

Adopt-A-Trail Grant 0 35,000

Clean Water Management Grant 200,000 200,000

Metropolitan Planning Grant 56,000 56,000

State Bicycle/Pedestrian Grant 260,000 300,000

Current Budget Revised Budget

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 92,800

Transfer from General Fund 25,000 25,000

Interest Earnings 88,156 88,156

N.C. Transportation Grant 212,865 212,865

OWASA Reimbursement 42,931 42,931

Total 1,198,752 1,323,752

SECTION IV

Current Budget Revised Budget

Booker Creek Linear Park 20,000 20,000

Dry Creek Trail 235,800 270,800

Lower Booker Creek Trail 330,000 370,000

Pritchard Park 164,000 164,000

Southern Community Park 105,000 105,000

Willow Drive Bridge 343,952 343,952

Hargraves 0 50,000

Total 1,198,752 1,323,752

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, and shall keep the Council informed of any unusual occurrences.

SECTION VI

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

This the 23^rd day of August, 1999.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR A CAPITAL PROJECT (99-8-23/O-5)

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

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

Interest Earnings 0 19,600

Other Revenues 217,200 217,000

Total 5,217,200 5,236,800

Amounts appropriated are for the project as follows:

Parks and Recreation Facilities 5,217,200 5,236,800

SECTION IV

SECTION V

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

This the 23^rd day of August, 1999.

A RESOLUTION AUTHORIZING THE CHAPEL HILL TOWN COUNCIL TO ADOPT THE REVISED DRUG AND ALCOHOL POLICY DATED AUGUST 1, 1999

(99-8-23/R-11)

WHEREAS, the Federal Transit Administration requires approval of the Drug and Alcohol Policy by the Town of Chapel Hill’s governing board; and

WHEREAS, Town Council approval shall become a procedure to be incorporated into the Town’s Drug and Alcohol Program;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the revised Drug and Alcohol Policy dated August 1, 1999.

This the 23^rd day of August, 1999.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE AMENDMENT FOR THE USE OF TWELVE BUSES BY THE CITY OF GREENSBORO FOR A PERIOD NOT TO EXCEED ONE YEAR, UPON THE COMPLETION OF WHICH, THE BUSES WILL BECOME THE PROPERTY OF THE CITY OF GREENSBORO (99-8-23/R-12)

WHEREAS, the Town of Chapel Hill is currently leasing five buses to the City of Greensboro; and

WHEREAS, the Town of Chapel Hill currently owns 7 additional surplus buses; and

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

WHEREAS, North Carolina Statute, Section 160A-266, 272 and 274 permits this procedure for local governments to lease and transfer property, vehicles and equipment to other local governments for periods not to exceed one year; and

WHEREAS, all 12 buses to be included in this lease are surplus vehicles and are scheduled to be disposed of by the Town; and

WHEREAS, the terms and conditions of the attached lease would result in no financial loss to the Town and would hold the Town harmless from any liability or damages resulting from this lease of 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 an amendment to the lease agreement with the City of Greensboro to add seven buses to the current lease bringing the total to 12 buses, and to modify the lease so that all 12 vehicles would become the property of the City of Greensboro at the termination of the lease on March 22, 2000.

This the 23^rd day of August, 1999.

Mayor Waldorf noted that the Northern Community Park on Homestead Road and N.C. 86 had just been named Homestead Park.

Item 5 – Information Reports

Council Member Brown removed items e and f.

Council Member McClintock removed items c and d.

Item 6 – Nominations and Appointments

a. Nominations

1. Nominations to the Homestead Park Aquatics Facility and Conceptual Plan Committee and Pritchard Park Conceptual Plan Committee

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

Council Member McClintock ask to add to the resolution adopted on April 12^th establishing the charge for the Homestead Park Aquatics Facility and Conceptual Plan Committee, under the first bullet, “sponsor public forums to solicit community input and identify our recreational needs.” She said that this would help in their recommendations.

Council Member Brown said that she wanted to expand the representatives from the Energy Task Force to have a representative and an alternate, because she was interested in serving on the committee as an alternate.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO ADOPT A RESOLUTION, WITH THE FOLLOWING AMENDMENTS: AS THE SECOND BULLET “INVITE THE GREEN BUILDING COUNCIL OF THE CAROLINAS RECYCLING ASSOCIATION TO MAKE A PRESENTATION TO THE COMMITTEE ON GREEN BUILDING TO INCLUDE, BUT NOT BE LIMITED TO, BUILDING ENVIRONMENT SUCH AS INDOOR AIR QUALITY AND TOXIC-FREE ENVIRONMENT MATERIALS, WASTE, ENVIRONMENTAL LANDSCAPING;” AS THE THIRD BULLET “ESTABLISH GREEN GOALS FOR THE AQUATIC COMMUNITY CENTER FACILITY;” AS THE EIGHTH BULLET “THE COMMITTEE MEET WITH THE CHAPEL HILL TOWN COUNCIL FOR COUNCIL REVIEW AND COMMENT BEFORE FINAL RECOMMENDATIONS;” AMEND WHAT IS NOW THE FIFTH BULLET TO READ “EVALUATE EACH OPTION ON THE BASIS OF OPERATIONAL COSTS, COMPLIANCE WITH THE CHAPEL HILL ENERGY ORDINANCE, ENVIRONMENTALLY FRIENDLY OR GREEN BUILDING GOALS, POTENTIAL REVENUES AND EFFECT ON PROGRAMS,” AND INCLUDE COUNCIL MEMBER MCCLINTOCK’S RECOMMENDATION.

COUNCIL MEMBER MCCLINTOCK RECOMMENDED ADDING “IDENTIFY RECREATIONAL NEEDS” IN THE FIRST BULLET, AND ADD ANOTHER EVALUATION.

Council Member Evans suggested that membership on the Parks and Recreation Commission be raised to more than two.

Council Member Bateman asked what adjacent neighborhoods were solicited for applications for the Homestead Park Committee. Town Clerk Joyce Smith said that applications were sent to all the adjacent neighborhoods that touched or were near the park, and advertisements were placed in local newspapers.

Mayor Waldorf said she had been contacted by the Chair of the Parks and Recreation Commission to let her know that they had two people willing to serve on the Committee, in addition Commissioner Margaret Brown from Orange County, Nick Didow for the Chapel Hill- Carrboro City Schools, and Roger Hayes for the Energy Task Force. She said that the Parks and Recreation Commission’s preference was that the Council stick to the same number of representatives outlined in the resolution adopted on April 12^th, and that the Commission had intentions to have multiple meetings with all the people who had applied to serve on the Committee, but had not been appointed, and members of the neighborhood, in order to have outreach in the neighborhoods. Mayor Waldorf said the other point made by the Chair of the Commission was that they were working on a time-line to move along at a reasonable pace.

Council Member Brown asked if the Chair of the Commission said anything about increasing the membership of the Parks and Recreation Commission. Mayor Waldorf said that was not mentioned.

Council Member Evans said that since there would be multiple meetings with the Committee, she would withdraw her comment about additional membership by the Parks and Recreation Commission.

THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING AN ADVISORY COMMITTEE TO WORK WITH STAFF AND A CONSULTANT TO DEVELOP A CONCEPTUAL PLAN FOR THE AQUATIC/COMMUNITY CENTER FACILITY TO BE LOCATED IN HOMESTEAD PARK (99-8-23/R-22)

WHEREAS, the Council has allocated up to $53,000 for a conceptual plan study for the proposed Aquatics/Community Center facility; and,

WHEREAS, a conceptual plan process will allow the community and the Council to fully explore potential programs for an indoor swimming pool and community center;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes the Homestead Park Aquatics/Community Center Advisory Committee with the following charge:

· Sponsor public forums to solicit community input and identify recreational needs.

· Invite the Green Building Council of the Carolinas Recycling Association to make a presenatation to the Committee on “green” building to include, but not be limited to building environment (such as indoor air quality and toxic-free environment), materials, waste, environmental landscaping.

· Establish “green” goals for the aquatic/community center facility.

· Study different types of pools and enhancements. For example, options considered by the Committee might include a standard lap pool, wave pool, side-by-side tanks, lap pools with some play enhancements, differing levels of handicap accommodation, dive tanks, or other possible options.

· Investigate adding other needed elements to the building, such as a gymnasium, meeting space, arts and dance space, offices, or other amenities.

· Develop planning level cost estimates for the various options to help in setting priorities and developing financing plans.

· Evaluate each option on the basis of operational costs, compliance with the Chapel Hill Energy Ordinance, environmentally friendly or “green” building goals, potential revenues, recreational needs and effect on programs.

· The Committee meet with the Town Council for Council review and comment before final recommendations.

· Make recommendations for the consideration of the Town Council.

BE IT FURTHER RESOLVED, that the Advisory Committee will consist of:

· Two representatives of the Parks and Recreation Commission

· One representative appointed by the Orange County Board of Commissioners

· One representative of the Citizens Energy Task Force and one alternate

· One representative appointed by the Chapel Hill-Carrboro School System

· Three representatives from adjacent neighborhoods

· Three or more citizens at-large

BE IT FURTHER RESOLVED, that the Manager is authorized to advertise for applicants for the Advisory Committee.

BE IT FURTHER RESOLVED that the Council shall appoint the Homestead Park Aquatic/Community Center Advisory Committee and that it shall be disbanded after the Council receives an application for a special use permit.

This the 23^rd day of August, 1999.

Mayor Waldorf asked if there were any amendments or questions on the resolution establishing the Pritchard Park Conceptual Plan Committee.

Council Member McClintock asked if the intent of the Council was to keep Pritchard Park as undeveloped or whether it should be developed further. Mayor Waldorf said that the Committee had to stick to the budget of $164,000, with minimal park-like passive improvements such as trails, and not be like Homestead Park.

Mayor pro tem Capowski said that the language in the resolution needed to be amended to state that the $164,000 was the total budget, not the planning budget.

Mayor Waldorf suggested that the resolution read, “…has been allocated to finance the Conceptual Plan Study and project completion” and add “ to address amenities, landscaping, entranceway concerns, signage, and other issues to be presented to the Town Council. The Committee should consider $164,000 to be its maximum budget and the northwest wooded area be preserved and any development be primarily for passive use.”

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT A RESOLUTION, AS AMENDED.

Council Member Evans suggested adding a member of the Greenways Commission to the Committee.

Council Member Pavão reminded the Council of the suggestion to have a small playground in Pritchard Park. There was no objection from the Council.

THE MOTION WAS ADOPTED UNANIMOUSLY, INCLUDING THE ADDITION OF A MEMBER OF THE GREENWAYS COMMISSION (9-0).

A RESOLUTION ESTABLISHING AN ADVISORY COMMITTEE TO WORK WITH STAFF AND A CONSULTANT TO DEVELOP A CONCEPTUAL PLAN FOR PRITCHARD PARK (99-8-23/R-23)

WHEREAS, a budget of $164,000 has been allocated to finance the conceptual plan study and project completion; and,

WHEREAS, a conceptual plan process will allow the community and the Council to fully explore potential options for use of the property;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council established the Pritchard Park Conceptual Plan Advisory Committee to work with Town staff and a design consultant to develop a conceptual plan that would consider and recommend options and address amenities, landscaping, entranceway concerns, signage, and other issues, to be presented to the Town Council. The Committee should consider $164,000 to be its maximum budget and that the northwest wooded area be preserved, and that any development be primarily for passive use.

BE IT FURTHER RESOLVED that this committee shall include:

· Two members of the Parks and Recreation Commission

· Two members of the Library Board of Trustees

· One member of the Public Arts Commission

· One member of the Greenways Commission

· Three or more citizens at-large

and the Manager is authorized to advertise for applicants.

BE IT FURTHER RESOLVED that the Council shall appoint the Pritchard Park Advisory Committee and that it shall be disbanded after Council’s consideration of the Committee’s conceptual plan report.

This the 23^rd day of August, 1999.

2. Nomination to the Housing and Community Development Advisory Board

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT THE NOMINATION TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

b. Appointments

1. Appointments to the Housing and Community Development Advisory Board

	*Housing and Community Development Advisory Board*	Council Members
		Council Members
		Waldorf	Bateman	Brown	Capowski	Evans	Foy	McClintock	Pavão	Wiggins	TOTAL
		Waldorf	Bateman	Brown	Capowski	Evans	Foy	McClintock	Pavão	Wiggins	TOTAL
Applicants	Belinda Caldwell	X	X	X	X	X	X	X	X	X	9
	Alice Faust		X	X	X					X	4
	Walter Parmer	X	X	X		X		X	X	X	7
	Dorcas Roberson						X	X			2
	David Roth						X				1
	Raymond Scott	X	X	X	X	X	X	X	X	X	9

The Council appointed Belinda Caldwell, Walter Parmer and Raymond Scott to the Housing and Community Development Advisory Board.

2. Appointments to the Parks and Recreation Commission

	*Parks and Recreation Commission*	Council Members
		Council Members
		Waldorf	Bateman	Brown	Capowski	Evans	Foy	McClintock	Pavão	Wiggins	TOTAL
		Waldorf	Bateman	Brown	Capowski	Evans	Foy	McClintock	Pavão	Wiggins	TOTAL
Applicants	John Anderson	X	X	X	X	X	X	X	X	X	9
	Lew Borman										–
	Belinda Caldwell										–
	Paul Caldwell	X	X	X	X	X	X	X	X	X	9
	Beth Huskamp	X		X	X	X	X		X		6
	Meg Lanchantin	X	X	X	X	X	X		X	X	8
	Mary Norwood-Jones		X					X		X	3
	Joyce Trout							X			1

The Council appointed John Anderson, Paul Caldwell, Beth Huskamp and Meg Lanchantin to the Parks and Recreation Commission.

3. Reappointment to the Personnel Appeals Committee

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

A RESOLUTION REAPPOINTING A PERSONNEL APPEALS COMMITTEE MEMBER (99-8-23/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby reappoints Richard Daugherty to the Personnel Appeals Committee to serve an additional one-year term expiring on June 30, 2000.

This the 23^rd day of August, 1999.

4. Appointment to the Transportation Board

	*Transportation Board*	Council Members
		Council Members
		Waldorf	Bateman	Brown	Capowski	Evans	Foy	McClintock	Pavão	Wiggins	TOTAL
		Waldorf	Bateman	Brown	Capowski	Evans	Foy	McClintock	Pavão	Wiggins	TOTAL
Applicants	Stephen Carter										–
	George Cianciolo	X		X	X	X	X			X	6
	Dale Dupree Coker								X		1
	Dana Stidham							X			1
	Joyce Trout		X								1

The Council appointed George Cianciolo to the Transportation Board.

5. Deferral of Appointments to the Community Design Commission, Human Services Advisory Board and Library Board of Trustees

The appointments to the Community Design Commission, Human Services Advisory Board and Library Board of Trustees were deferred.

Item 7 – Presentation from the Downtown Commission Regarding Proposal

to Move the Welcome Center to the Franklin Street Post Office

Robert Humphreys, Director of the Downtown Commission, said that he wanted to express the appreciation of the Downtown business owners for the fine work the Public Works Department had done on the Streetscape project downtown. He said they did an outstanding job.

Mr. Humphreys described the background of the Downtown Commission and the fact that the information booths were on the street during the summer, because the location of the Commission was very difficult for visitors to locate. He said the Downtown Commission was proposing relocating its office, to be used for the Welcome Center and Downtown Commission office, in the lobby of the downtown Post Office. Mr. Humphreys said that Dail Dixon of Dixon Weinstein Architects, PA had been selected to design the proposed office, which would be built in the southeast corner of the Post Office lobby. He said the office would replicate the design of the existing entry foyers, although be different enough from the original so that a preservationist would be able to distinguish between it and the original. Mr. Humphreys said the construction would be assembled off site and assembled at night in order not to disrupt Post Office operations. He said the Downtown Commission would be responsible for all expenses of the construction and securing of the necessary permits.

Council Member McClintock asked Mr. Humphreys how they would handle signage to let the out-of-towners know of their location. Mr. Humphreys said that in addition to a sign at the location, there would be signs using the international sign for information “script I’s.”

Council Member Brown suggested that it might be time to look at the future use of buildings in the downtown area.

Mayor Waldorf said she felt it was a good use of the space.

Mr. Horton said the Post Office had the building leased for 25 years.

Council Member Evans said the location was a good one for an Information Center, being close to the University and in the 100 block of Franklin Street, in one of the most historic buildings in the Town.

Council Member Foy asked about the negotiations with the Court system for use of the building. Mr. Horton said he had not been notified of any further discussions.

Council Member Foy asked how the Council would be bound to the Downtown Commission if it proceeded with the plan. Mr. Horton said it was the Town’s money, $10,000 of Downtown Service District Tax funds, and the staff could write any direction that the Council wished.

Council Member Foy requested that the plan go to the Historic District Commission as a courtesy.

Mayor pro tem Capowski asked Mr. Horton if his staff had looked at the plan and if they were happy with it. Mr. Horton said the general idea appealed to him and that the Town could put up directional signs to make it easy for the public to find the location. He said he saw no problems with the structural plans.

Council Member Brown supported Council Member Foy’s suggestion for submitting the plan to the Historic District Commission.

Council Member Bateman praised construction done by Dixon Weinstein Architects at the Skills Development Center and asked Mr. Humphreys if there was a timetable which referring it to the Historic District Commission would slow down. Mr. Humphreys said that would not be a problem.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT THE COUNCIL APPROVE THE PROPOSAL IN CONCEPT AND REQUEST THAT THE COMMISSION TAKE ITS DRAWINGS TO THE HISTORIC DISTRICT COMMISSION FOR A COURTESY REVIEW AS SOON AS PRACTICABLE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mr. Horton asked if this motion would authorize him to initiate a negotiation with the Post Office. Mayor Waldorf said it would.

Item 8 – Consideration of a Resolution Authorizing the Manager to Apply

for a Grant to Participate in the Cities for Climate Protection Campaign (ICLEI)

Long Range Planner Claudia Paine said the Cities for Climate Protection was a global campaign of the International Council for Local Environmental Initiatives (ICLEI), which was an association of local authorities dedicated to building and supporting a worldwide movement of local governments to achieve improvements in global environmental conditions. She said that if the Council wished for Chapel Hill to participate in the Campaign, the Council could adopt a resolution pledging to:

· Obtain an analysis of greenhouse gas emissions coming from municipal operations and the community as a whole.

· Develop a forecast of emissions growth for a future year.

· Adopt a greenhouse gas emissions reduction target.

· Develop a local action plan specifying the actions to be taken to achieve the emissions reduction target.

· Implement and monitor the plan and report the results.

Ms. Paine said the staff recommended that, if the Council chose to participate, the Council adopt Resolution 14.1 authorizing the Manager to take the actions necessary for the Town of Chapel Hill to participate in the Cities for Climate Protection Campaign, including preparation and submittal of a grant application. She said that if this action was taken, a grant could be awarded and if matching funds for the ICLEI grant were necessary, the staff would return to the Town Council seeking authorization to proceed.

Ms. Paine said if the Council adopted Resolution 14.1, the staff recommended that the Council consider Resolution 14.2 designating a Council liaison to the Cities for Climate Protection Campaign.

Council Member Brown said that this would fit in with the problem addressed earlier in the meeting by Mr. McDonnell regarding air pollution.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 14.1.

Mayor Waldorf asked whether the staff knew which account the $25,000 would come from and whether it would be budgeted in one year or two. Mr. Horton said that it would have to come from either the Council’s Contingency Account or from Fund Balance, and, depending on whether the Town received a grant and the timing of the grant, whether it would be spent in one budget year or two.

Council Member Bateman asked whether it would be possible for Chapel Hill to share the cost of a consultant with Durham, which was participating in the program. Mr. Horton said he suspected not, but could explore it further.

Council Member Brown said that the ICLEI staff had suggested the possibility of sharing the costs with Durham, and thought it would be a good idea to explore this possibility.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN OF CHAPEL HILL TO PARTICIPATE IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN (99-8-23/R-14.1)

WHEREAS, carbon dioxide (CO2) and other greenhouse gases released into the atmosphere are having a profound effect on the Earth’s climate; and

WHEREAS, energy consumption, specifically the burning of fossil fuels, e.g. coal, oil and gas, accounts for more than 85% of greenhouse gas emissions in the United States; and

WHEREAS, local governments greatly influence their community’s energy usage by exercising key powers over land use, transportation, building construction, waste management, and in many cases, energy supply and management; and

WHEREAS, local governments actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the government, its businesses and its citizens; and

WHEREAS, the Cities for Climate Protection Campaign, sponsored by the International Council for Local Environmental Initiatives and the U.S. Environmental Protection Agency, has invited the Town of Chapel Hill to become a partner in the Campaign;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town pledges to join with jurisdictions from all over the world in the Cities for Climate Protection Campaign and, as a participant in the Cities for Climate Protection Campaign authorizes the Manager to:

1. Take a leadership role in increasing energy efficiency and reducing greenhouse gas emissions from municipal operations;

2. Apply for a grant from International Council for Local Environmental Initiatives;

3. If a grant is awarded, retain the services of a consultant and develop and implement a local action plan which describes the steps to be taken by the Town and the community to reduce both greenhouse gas and air pollution emissions; the plan would include:

· Obtain an analysis of greenhouse gas emissions coming from municipal operations and the community as a whole.

· Develop a forecast of emissions growth for a future (forecast) year.

· Adopt a greenhouse gas emissions reduction target.

· Develop a local action plan specifying the actions to be taken to achieve the emissions reduction target.

· Implement and monitor the plan and report the results.

This the 23^rd day of August, 1999.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 14.2, WITH COUNCIL MEMBER BROWN AS LIAISON TO THE CITIES FOR CLIMATE PROTECTION CAMPAIGN. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPOINTING A COUNCIL MEMBER AS LIAISON TO THE CITIES FOR CLIMATE PROTECTION CAMPAIGN (99-8-23/R-14.2)

WHEREAS, the Town of Chapel Hill has pledged to join with jurisdictions from all over the world in the Cities for Climate Protection Campaign, sponsored by the International Council for Local Environmental Initiatives and the U.S. Environmental Protection Agency;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Council Member Joyce Brown be appointed to serve as Council liaison for the Cities for Climate Protection Campaign.

This the 23^rd day of August, 1999.

Item 9 - Presentation by Larry Shirley of the N.C. Solar Center

Regarding Million Solar Roofs Campaign

Mr. Larry Shirley of the N.C. Solar Center gave a presentation on the Million Solar Roofs Campaign. He said that the N.C. Solar Center was operated by the College of Engineering at N.C. State University and was supported by several grants. Mr. Shirley said that the Center operated State, national and international programs and headquartered at the NCSU Solar House. He said the education and outreach of the Center provided: information and technical assistance; design review service; training workshops; exhibitions; conferences seminars; publications; and, videotapes.

Mr. Shirley said that one of the keys was getting the infrastructure in place by educating plumbers, electricians, builders, architects, realtors, inspectors, appraisers, and lenders. He said the Center provided solar home tours and one was coming on October 16^th to Chapel Hill. Mr. Shirley said that photovoltaics, electricity from the sun, was a rapidly growing technology, had off-grid applications and grid-tied applications. He displayed some examples of buildings utilizing photovoltaics. Mr. Shirley said that another technology was solar hot water and space heating systems for building, and another technology was passive solar. Mr. Shirley said there was policy in North Carolina for renewable energy tax credits, a Million Solar Roofs Initiative, work on 20% renewables by 2010 as a goal, and working with utilities to establish PV interconnection guidelines. He listed some tax credits: solar residential, solar commercial/industrial, photovoltaic manufacturing plants, wind, small hydro, and biomass.

Mr. Shirley talked about electricity restructuring:

· Single greatest factor influencing energy policy since the Arab Oil Embargo

· 20 states covering 60% of population

· Could open market to Green Power

· Could boost renewables and efficiency

· Study Commission

Mr. Shirley said a North Carolina poll indicated a consumer willingness to pay extra dollars each month for renewable energy. He said the Center provided programs for solar communities and listed examples of previous projects. Mr. Shirley said a new program was the Million Solar Roofs Initiative (MSRI) announced by President Clinton which provided for:

· Global climate change initiative

· 1,000,000 solar systems on rooftops by 2010

· North Carolina is a State partner

· Loans, tax credit and rebates

· Will greatly boost public visibility and market for solar systems

· Minimum pledge of 500 systems

Mr. Shirley said the North Carolina MSRI Program includes: Guilford County; Watauga County; selection of two additional sites; net metering program; monitoring, tracking and evaluation; 1,000 system initial commitment; and, State goal of 10,000 systems.

Mr. Shirley said the local MSRI Programs: reduce and eliminate barriers to solar; develop quality infrastructure for delivery of solar technologies; and, boost consumer demand for solar.

He said one example of a program was the Mid-Atlantic PV Buy-Down Program which would be used in the new Chapel Hill Fire Station. He issued an invitation to Chapel Hill to:

· Sign on to be a solar community and MSRI local partner

· Establish steering committee of local leaders

· Develop action plan

· Public outreach program: schools, consumers, businesses, media

· Professional training and outreach

Council Member Evans asked Mr. Shirley for examples of what some of the barriers to solar energy would be. Mr. Shirley said one example would be covenants that some subdivisions have to preclude the use of solar paneling on roof tops. He said communities could pass an ordinance that would prohibit that kind of restriction. Mr. Richard Harkrader said another would be the lack of trained people to install and maintain the equipment, and that the Solar Center was dedicated to training people, especially plumbers and electricians, to be competent in installing the system.

Council Member Evans asked what kind of barriers would the Council put up. Mr. Harkrader responded that he had recently been involved in a development in which the Council had requested installation of solar systems, and that was the kind of leadership that the Council could maintain.

Council Member Brown asked how this program could work with the ICLEI program which the Council had just approved, and what the experience had been in Durham. Mr. Harkrader said that Durham had not yet approved the program. Mr. Shirley said that the program would be an excellent fit with the ICLEI program and would work with that program very well. Mr. Harkrader said Chapel Hill and Durham had participated with the Solar Association requesting the Utilities Commission to open the docket on providing small utilities access to the electric grid.

Council Member Bateman asked if the Council agreed to participate in the program, what would happen if they did not reach the 500-roof requirement and how was the number 500 reached. Mr. Shirley said he felt certain that Chapel Hill could reach that number. He said the number 500 was from the national level of the program, but that there was flexibility since North Carolina was a state participant, but he encouraged Chapel Hill to keep the number 500 as a minimum goal.

Council Member McClintock asked Mr. Harkrader what the primary goals were of the Governor’s Study Commission in which he was engaged. He said the Study Commission was called The Commission on the Future of Electric Service in North Carolina, and had to do with whether North Carolina would restructure its electric utilities.

Council Member Evans said that since many municipalities owned their own electric utilities, there could be a problem with deregulation. Mr. Harkrader agreed, and said that North Carolina had one of the highest utility debts in the country and it was a matter of a public policy problem as well as electric utilities problem.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE PROPOSAL TO THE STAFF FOR RESEARCH ON HOW THE TOWN OF CHAPEL HILL COULD WORK COOPERATIVELY WITH THE SOLAR CENTER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 10 – Consideration of Resolution Regarding Participation

in the Highway 54 Travel Demand Management Study

Transportation Planner David Bonk described the history of the project initiated by Durham County to hold discussions with the North Carolina Department of Transportation, Public Transportation Division, concerning the possible development of a travel demand management program for the NC 54 corridor between Research Triangle Park (RTP) and the University of North Carolina. He said the group that had been assembled represented both the private and public sectors, which included managers of large employers in the NC 54 corridor, hopefully to bring more of the employers into the study as it continued. Mr. Bonk said the North Carolina Division of Public Transportation was funding the study and had hired a consultant, Mary Clayton, who was also working with the RTP Transportation Demand Management Group (TDM). He said the organization was beginning to take form and to meet on a regular basis, noting the next meeting would be at the Friday Center on August 26^th.

Mr. Bonk said the staff recommended that the Council formally endorse the Town’s participation in this study by adopting Resolution 15, and appoint a Council Member to represent the Town at meetings of the study group, and that the staff also participate in meetings of the group.

Council Member Evans requested that Mayor Waldorf be appointed as the Council representative to the group.

Mayor Waldorf said she would like to have a co-member to share attendance at the meetings. Council Member Evans said she would be an alternate, and Council Member Brown said she would also be willing to share.

Mayor pro tem Capowski asked the representatives on the committee to ask whether any of the employers or any of the commercial facilities being built in the area would be willing to substantially decrease their amount of automobile parking. He requested that this question be asked repeatedly.

Mayor Waldorf said that the TDM group working in RTP were working on that question.

Council Member Brown said she thought the work on the 15-501 Major Investment Study (MIS) could be combined with the work of the TDM.

Council Member McClintock asked if the hope would be that the employers would make commitments. Mayor Waldorf said if the employers did not attend and agree to participate then the study would not work, and that included UNC Hospitals and the University of North Carolina.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 15, AS AMENDED, TO INCLUDE MAYOR WALDORF AS THE COUNCIL REPRESENTATIVE, WITH COUNCIL MEMBER EVANS AS FIRST ALTERNATE AND COUNCIL MEMBER BROWN AS SECOND ALTERNATE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ENDORSING PARTICIPATION IN A NC HIGHWAY 54 TRAVEL DEMAND MANAGEMENT STUDY (99-8-23/R-15)

WHEREAS, traffic volumes and related congestion are increasing on roads in and around Chapel Hill; and

WHEREAS, NC Highway 54, connecting Chapel Hill and Durham, is expected to experience major growth in traffic; and

WHEREAS, some of the negative traffic impacts of growth can be mitigated by managing travel demand, with the cooperation of major employers and generators of automobile trips;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill endorses the Town’s participation in a new NC 54 Travel Demand Management Study, and:

(1) Appoints Mayor Waldorf to represent the Town Council, with Council Member Evans as first alternate and Council Member Brown as second alternate, at meetings of this study group as these discussions move forward;

(2) Asks the Town Manager to have staff attend the meetings of this group to be able to monitor progress and provide information as needed; and

(3) Asks the Town Manager to report to the Council on the study’s progress and products at appropriate points.

This the 23^rd day of August, 1999.

Item 11 – Consideration of Resolutions to Refer Potential School Sites to the Comprehensive Plan Work Group

Mr. Horton noted that the School Board wished to take advantage of a provision of the Town’s ordinances under which they were allowed to request reservation of potential school sites.

Long Range Planning Coordinator Chris Berndt stated the Town had received a request from the School Board on July 19 to consider designating potential school sites on the Town’s Land Use Plan. She said the 1986 Land Use Plan was being updated as part of the review of the Comprehensive Plan. Ms. Berndt said there was a provision in the Comprehensive Plan that would allow the School Board to reserve school sites when subdivision applications were submitted to the Town. She said eleven different sites were identified, three of which were in Carrboro. Ms. Berndt noted that there are three sites located in the area outside the Urban Services Area but partially in the extraterritorial jurisdiction, and the School Board would like those sites considered as well. Ms. Berndt said that the staff recommended that all of the sites be referred to the Comprehensive Plan Work Group for a report back on September 27^th that considered all options for the Council’s consideration.

Council Member Brown said she thought the Comprehensive Plan Work Group had requested that nothing further be referred to them because of the time constraints in completing their current workload.

Council Member McClintock suggested offering the Work Group comments rather than direction. She thanked the School Board for being proactive in making use of this ordinance to identify potential school sites.

Council Member Evans asked if the Town held title to the property on both sides of Dogwood Acres Drive. Mr. Horton answered yes.

Mayor Waldorf commented that she supported referring this to the Work Group and staff, but was opposed to using the Legion Road site for anything other than a park-like area. She said there was no way that transportation access to that property can be made acceptable for the mass transit type of situation experienced with a public school, and also opposed using the Southern Community Park property as a school site because the Town needs it for a park.

Council Member Brown said she wanted to make sure the Mayor’s comments and the minutes of this meeting were forwarded to the Comprehensive Plan Work Group so that they would be aware of the Council’s concerns.

Council Member Foy ask when the site is designated, does that give the School Board first right to the property? Mr. Horton said it would give notice that the School Board had an interest in the property and before a subdivision could be perfected they would have an opportunity to purchase the property through negotiation or through imminent domain.

Mayor pro tem Capowski asked if the School Board was notified when subdivisions were proposed. Mr. Horton said yes, that information was furnished. He added that anyone who sought information about the use of any of these properties would be told that the School Board had an interest in them.

Council Member Evans asked Mr. Harvey Goldstein, School Board Chair, if the School Board had looked at the Greene Tract site. Mr. Goldstein stated that neither the Greene Tract site nor the Northern Community Park site was on the initial list for consideration, but in the course of discussion the Board decided to at least consider them even though they were public property in case there was a chance of a future joint use. He added they were not taking the position that they necessarily wanted to build a school on those sites, but would like to consider it jointly with the Town if the need arose. Mr. Goldstein said that the possible sites for such a joint use is dwindling.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION A REFERRING THIS ITEM TO THE COMPREHENSIVE PLAN WORK GROUP.

Council Member Brown suggested amending the language to clearly define what the Council wanted from the Comprehensive Plan Work Group regarding the sites.

Council Member McClintock asked the Council to consider alternative wording to read “refer the plan for future school sites for comment.”

Mayor Waldorf said she did not believe the Work Group would have time to accomplish that.

Council Member Brown asked that the last clause be removed beginning with “such consideration to be considered in the Comprehensive Plan revision expected to be submitted to the Town Council on September 27^th”, to give them more latitude.

Council Member Evans said she thought the Council wanted the Work Group to be proactive, and this was a proactive way to proceed. She said the Council could always remove that language later.

Council Member Brown agreed it was proactive, but it would give the Work Group and the Council more time.

Council Member Foy said if the Work Group decided it could bring it back by September 27, that would be fine, but if not, that would be fine as well. He said if the clause was removed, the Work Group could report on September 27, or as soon as possible.

COUNCIL MEMBER BROWN MOVED THAT THE MOTION BE AMENDED TO REMOVE THE LAST CLAUSE FROM RESOLUTION 16 WHICH READS “SUCH CONSIDERATION TO BE CONSIDERED IN THE COMPREHENSIVE PLAN REVISION EXPECTED TO BE SUBMITTED TO THE TOWN COUNCIL ON SEPTEMBER 27^th,” SECONDED BY COUNCIL MEMBER MCCLINTOCK. THE MOTION FAILED 4-5, WITH COUNCIL MEMBERS BROWN, FOY, CAPOWSKI, AND MCCLINTOCK VOTING AYE, AND MAYOR WALDORF AND COUNCIL MEMBERS WIGGINS, EVANS, PAVAO, AND BATEMAN VOTING NAY.

The Council moved back to the main motion.

THE MAIN MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION REGARDING DESIGNATION OF SCHOOL SITES ON THE TOWN’S LAND USE PLAN (99-8-23/R-16)

WHEREAS, the Chapel Hill-Carrboro School Board has requested that the Town of Chapel Hill consider designating potential school sites on the Town’s Land Use Plan;

WHEREAS, the Council of the Town of Chapel Hill has undertaken a revision to the Town’s Comprehensive Plan, including updating the adopted 1986 Land Use Plan; and

WHEREAS, the Town’s 1989 Comprehensive Plan has a policy to work with the Chapel Hill-Carrboro School System to determine the need and location of future school sites;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the request of the School System dated July 19, 1999 to the Comprehensive Plan Work Group for consideration of sites #4, #5, #6, #7, and #11 for designation on the Town’s Land Use Plan; such consideration to be included in the Comprehensive Plan revision expected to be submitted to the Town Council on September 27, 1999.

This the 23^rd day of August, 1999.

Mayor pro tem Capowski said Resolution 17 would refer to the Manager the option of considering the three Rural Buffer sites plus the Greene Tract site and the Southern Community Park site. He said he did not believe that any Rural Buffer sites should be considered. Mayor pro tem Capowski asked Mr. Goldstein if consideration of those Rural Buffer sites had been removed from the School Board’s plans. Mr. Goldstein answered that they had not endorsed those sites, but had asked for the Council’s advice and counsel about whether there would be an interest on the Town’s part to consider them in the future.

MAYOR PRO TEM CAPOWSKI MOVED TO ADOPT RESOLUTION 17 WITH AN AMENDMENT THAT REFERS ONLY THE GREENE TRACK SITE AND THE SOUTHERN COMMUNITY PARK SITE TO THE MANAGER AND STATES THAT THE TOWN IS NOT INTERESTED IN HAVING PUBLIC SCHOOLS BUILT IN THE RURAL BUFFER. THE MOTION WAS SECONDED BY COUNCIL MEMBER FOY.

Mr. Goldstein said that if the Council had already made up its mind to limit the sites without the benefit of the Manager’s report, then the School Board would accept that. He said the Board wold prefer that the Council wait and take that position after the Manager and staff had had an opportunity to respond. Mayor pro tem Capowski said the issue of how to extend water and sewer lines into the Rural Buffer to potentially serve a public facility, such as a school, had been studied extensively.

THE MOTION TO ADOPT RESOLUTION 17, AS AMENDED, WAS ADOPTED UNANIMOULSY.

A RESOLUTION REFERRING SCHOOL BOARD SITE REQUESTS TO THE TOWN MANAGER (99-8-23/R-17)

WHEREAS, the Chapel Hill-Carrboro School Board has requested consideration of the Greene Tract and the Southern Community Park as potential school sites;

WHEREAS, the Chapel Hill-Carrboro School Board has also requested advice and guidance on three sites in the Rural Buffer as to whether or not these sites should be considered as potential school sites, and the Council has indicated it does not wish to consider any sites in the Rural Buffer; and

WHEREAS, the Town’s 1989 Comprehensive Plan has a policy to work with the Chapel Hill-Carrboro School System to determine the need and location of future school sites;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers only the Chapel Hill-Carrboro School Board requests to consideration of the Greene Tract and the Southern Community Park, but not the rural buffer, as potential school sites to the Manager for a report with a discussion of implications and options.

This the 23^rd day of August, 1999.

Item 12 – Consideration of Resolution to Establish a Committee

to Study the Development and Implementation of a Stormwater Utility

Engineering Director George Small said that earlier this year the Technical Committee report was presented to the Council stating that a Stormwater Utility would be feasible in Chapel Hill. He said copies of the Committee report had been sent to other entities and he had a response of interest from Orange County, OWASA, and University of North Carolina. Mr. Small said Carrboro was not interested in creating another multi-jurisdictional entity, and he did not hear from Chatham County. He said if the Council was interested in pursuing a Stormwater Utility, the next step would be for the Manager to solicit applications for a Stormwater Utility Development and Implementation Study Committee. Mr. Small said the Engineering Department was in the process of recruiting a Stormwater Management Engineer and that this position would have primary staff responsibility for assisting a Stormwater Utility Committee, if one was created.

Mr. Small explained the recent decision from the Supreme Court and said the staff thought that the legislation did not intend to preclude the use of utility funds for stormwater quality-related issues, however the courts, in reviewing the legislation, had decided that funds raised by utilities were for infrastructure improvements and maintenance of the physical part of the stormwater utility. He said that part of the objective in establishing a Stormwater Utility had a strong element in the quality issues, so this would definitely effect, if the Utility were formed, how the program was developed and exactly what kind of funds were raised and where they could be applied, because under the quality issue also would come efforts to manage sediment and erosion.

Mr. Small said other cities in the area, including Chapel Hill, would attempt to go to the Legislature to try to get the legislation changed.

Council Member Bateman asked if using OWASA as the umbrella for the utility was still being considered and what kind of dialogue the staff had with Carrboro. Mr. Small said that OWASA was interested in taking the umbrella position. He said that the staff had made a technical report to Carrboro.

Council Member Bateman suggested one more informal approach to Carrboro.

Mayor Waldorf felt that it would be better to go ahead with the formation of the Committee, and after more work was done and the effect of the new NPDES regulations were being felt by both Chapel Hill and Carrboro, then go back to Carrboro and talk with them again.

Council Member McClintock said that she talked with one of the Carrboro Aldermen and he said they had not received any information from their staff about the Utility and they did not have an understanding of what was being proposed. She said it would be a good thing to do the groundwork and then return to Carrboro for further discussion.

Mr. Horton said even if the legislation was not removed, there was a substantial need for stormwater maintenance, which was allowable under the legislation.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 18.

Council Member McClintock felt the Town should go ahead with the idea with no preconceived model.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THE TOWN MANAGER TO SOLICIT APPLICATIONS FOR A STORMWATER UTILITY DEVELOPMENT AND IMPLEMENTATION STUDYCOMMITTEE AND TO REPORT BACK WITH A LIST OF APPLICANTS FOR COUNCIL CONSIDERATION (99-8-23/R-18)

WHEREAS, a Stormwater Utility Technical Review Committee was established by the Council in 1998 to investigate and report on the feasibility of a stormwater utility in Chapel Hill to fund current and future stormwater management needs; and

WHEREAS, the Council received the Committee’s report on February 22, 1999; and

WHEREAS, the Council desires to further investigate the establishment of a stormwater utility to serve Chapel Hill and the surrounding drainage areas; and

WHEREAS, the Council wishes to investigate opportunities for a local Chapel Hill utility as well as a multi-jurisdictional utility to serve the drainage areas of Booker Creek, Bolin Creek, and Morgan Creek; and

WHEREAS, the Council further agrees that the study of such a utility must include input and cooperation from a variety of jurisdictions and interested parties;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith directs the Manager to solicit applications for service on a Stormwater Utility Development and Implementation Study Committee with broad-based representation.

BE IT FURTHER RESOLVED that said applications should be returned to the Council for consideration no later than the second meeting in November 1999.

BE IT FURTHER RESOLVED that the committee would be charged to prepare a report and recommendations, for future consideration by the Council, including detailed information on

· Organization and management control system

· Budget areas and services to be provided

· Staffing and equipment needs

· Rate structure and basis for user fees

· Annual revenues and expenses

and related issues regarding implementation and operation of a Stormwater Utility to serve Chapel Hill and possibly surrounding areas.

This the 23^rd day of August, 1999.

Council Member Bateman asked where the new maps of the RCD and the floodplains stood. Mr. Small said there were thousands of communities trying to get remapping. He said that Representative Price had tried to get things moving, but nothing had happened yet. Mr. Small said the staff was hoping to get data together from the Corps of Engineers to use as leverage with FEMA to see if that would be enough to get something moving.

Council Member Bateman asked if the staff had looked at how much it would cost to hire a consultant to upgrade the maps. Mr. Small said that was a good suggestion and he would pursue the matter, but that it could be a question of cost. He said FEMA actually had consulting engineers doing such work.

Item 13 – Consideration of A Resolution Authorizing the Manager to Submit

Enhancement Program Grant Applications to the N.C. Department of Transportation

Transportation Planner David Bonk said that in June 1999 the North Carolina Department of Transportation (NCDOT) issued a request for projects to be considered for funding under the program. He said this was a pot of money under the Intermodal Surface Transportation Efficiency Act (ISTEA), which required that each state had to set aside 10% of the total amount of money it received from the Surface Transportation Program (STP) and fund projects that met the criteria. Mr. Bonk said the types of projects eligible were wide-ranging and had to be transportation in nature. He said the State of North Carolina had developed criteria for selecting projects and had established an Enhancements Advisory Council to select projects for funding, which included representatives from State agencies, local governments and regional planning organizations and non-profit organizations who were interested in enhancement activities.

Mr. Bonk said the staff had reviewed the criteria for the projects, and because of the relatively short deadline for their submission and because they had to be endorsed by the Transportation Advisory Committee, two projects were selected. He said those were the Lower Booker Creek Linear Park, and the NC 86 Landscaping and Scenic Beautification. Mr. Bonk said that Lower Booker Creek Linear Park would include the development of pedestrian and bicycle facilities between Franklin Street and US 15-501 connecting with the path currently under construction as part of the Staples complex project. He said the staff believed that this project met a number of the criteria established, with estimated cost of about $500,000, with the Town providing $100,000 as the 20% local share.

Mr. Bonk said the second project was NC 86 Landscaping and Scenic Beautification. He said the State’s commitment of $100,000 would only provide a minimal amount of landscaping for the corridor, and that the Enhancement funds would allow for increased plantings in the median, including some flowering plants and landscaping in the I-40/NC 86 interchange area.

Mr. Bonk told the Council that either or both of these projects could be applied for Enhancement Funds.

Council Member McClintock encouraged the planting of native plants so that they did not need to be watered.

Mayor pro tem Capowski asked if there was a history of requests for these funds and if the Town would stand a better chance of receiving funds by asking for money for sidewalks and bike paths, rather than asking for one big item. Mr. Bonk said there was no history, as this was the first year of the program. He said the sidewalk projects would have to be packaged together. Mr. Bonk said that Durham was requesting a project requiring $200,000,000.

Mayor pro tem Capowski asked if the Town could ask for the funds but stipulate that if they were only going to receive $100,000 then the Town had a list of sidewalk projects that had been worked on for several years and had been well thought through. Mr. Horton said it was his feeling that what the Enhancement Fund would be looking at was whether or not the proposal submitted by the Town satisfied the requirements of the program, and would also be looking at the distribution of the funds geographically and politically. He said that the Town would be better off seeking multiple categories of grants rather than just one.

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

A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE AND SUBMIT TRANSPORTATION ENHANCEMENT PROGRAM GRANT APPLICATIONS

(99-8-23/R-19)

WHEREAS, the North Carolina Department of Transportation has announced a solicitation of projects for funding under the Transportation Enhancements Program; and

WHEREAS, the Town has reviewed potential projects to be funded with Enhancement Program funds

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager be directed to prepare and submit Transportation Enhancement Program grant applications for the following projects:

§ Lower Booker Creek Linear Park

§ NC86 Landscaping and Beautification

This the 23^rd day of August, 1999.

Item 14 – 2025 Regional Transportation Plan Alternatives

Transportation Planner David Bonk said a federal sanction against the Urban Area had been levied because the Durham-Chapel Hill-Carrboro Urban Area 2025 Transportation Plan was not a long-range 20-year plan. He said as a result, all the capital projects within the TIP had been frozen, unless they had been initiated prior to February 1999. Mr. Bonk said that within the past month the Federal Transit Authority delayed the release of $900,000 in fiscal year 1999 operating funds. He said the Transportation Advisory Committee must approve a Transportation Plan by November 1999 in order to ensure that there was no interruption in transit operating funds next year. Mr. Bonk said that Durham was in the same situation. He said the solution the staff would be advising the Transportation Advisory Committee at their September meeting was that they set aside the 2025 planning process and adopt an interim plan that would meet the federal air quality and planning requirements, and get the Town the certification of a plan needed to get the TIP projects moving again. He said the 2025 Plan could not be passed by November but that the interim Plan was possible, and would include all the elements that would be required to get federal certification, and would include all the TIP projects currently in the State’s TIP. He said that the staff would then immediately take up the 2025 Comprehensive Plan again and bring it forward as quickly as possible.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 20. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MAYOR TO TAKE ACTIONS TO AVOID THE LOSS OF FEDERAL OPERATING ASSISTANCE (99-8-23/R-20)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban area has begun work on a 2025 Regional Transportation Plan; and

WHEREAS, the U.S. Department of Transportation has imposed sanctions on the Durham-Chapel Hill-Carrboro Urban area for failure to have a conforming long range transportation plan; and

WHEREAS, failure to approve a Transportation Plan for the Urban Area by November, 1999 will prohibit Chapel Hill Transit from receiving federal transit operating assistance; and

WHEREAS, approval of a comprehensive draft 2025 Transportation Plan by November, 1999 is doubtful; and

WHEREAS, it is anticipated that the adoption of an Alternative 2025 Transportation Plan could be completed by November, 1999 and allow continuation of federal operating assistance,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to take whatever actions are necessary as the Town’s representative to the Transportation Advisory Committee to avoid delay or loss of federal operating funds; and

BE IT FURTHER RESOLVED that the Council supports the Durham-Chapel Hill-Carrboro Transportation Advisory Committee proceeding with the development and adoption of an Alternative 2025 Transportation Plan.

BE IT FURTHER RESOLVED that the Transportation Advisory Committee develop a schedule for the completion of the comprehensive 2025 Transportation Plan that includes the completion of a final draft Plan by June, 2000.

This the 23^rd day of August, 1999.

Item 15 – Revision to the Noise Ordinance Regarding Landscape Maintenance Equipment

Mr. Karpinos said that this ordinance revision was requested to narrow the current Noise Ordinance exemption for lawn mowers and landscape equipment. He said under the current ordinance those types of equipment were exempt from the standard which was otherwise set at 60 dB(A). Mr. Karpinos said the proposed amendment would narrow that exemption so that it would not be allowed to apply to machinery which was used on an ongoing basis throughout the day, but rather only for equipment used to accomplish specific tasks such as the mowing of lawns or clearing of leaves, or similar types of uses.

Ann Rex, former member of the Noise Committee and a victim of noise from an outdoor fan at a golf course, urged the Council to accept the revision. She cited as an example of the excessive noise a leaf blower multiplied several times louder and blowing everyday of the year in her back yard. Ms. Rex said that under the current Noise Ordinance nothing could be done about the noise. She said her peace and quality of life had been negatively affected by the fan blowing in her back yard.

Council Member Bateman asked if Ms. Rex’s house was the only one affected by the golf course fans. Ms. Rex said there were three houses at the fourth green which were impacted by the noise.

General Art Huron said the consequences of changes to the ordinance would be enormous to the bent grass on the greens, which needed to be fanned. He said he thought changing the ordinance for a single complaint was overkill. General Huron said a thank-you to the Council for all the work that they do.

Council Member Brown said that she was in agreement with the Town Attorney that the intent of the Ordinance was not to allow continuous use of noise producing equipment.

COUNCIL MEMBER BROWN MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO ADOPT ORDINANCE 6.

Council Member Evans said that she was concerned because this was legislation for addressing a single issue, and she felt that the way to address it was for the homeowner to do it through the court system. She said she was not comfortable with the change because other implications of the change had not been addressed.

Council Member Wiggins said she was not ready to vote for the change in the ordinance. She said she felt that the Country Club and Ms. Rex should try to resolve this single issue, rather than the Town amending the ordinance without knowing the wider consequences. She said she felt that the Country Club owed Ms. Rex some consideration for her quality of life.

Ms. Rex said the fan had been installed two years ago, without any discussion with the homeowners affected. She said the decibels were measured and were over the allowed amount. She said the three homeowners wrote to the Country Club Board, and met with the Board, the greenskeeper and the manager. Ms. Rex said they suggested only running the fan during the day. She said they then ran the fan during the day. She said she also several alternatives for the use of different types of grasses. Ms. Rex said after the Club renovations the fan was turned back on. She said she and her neighbors had done all that they could to work with the Club, and that to go to court would be very expensive. She said she believed that the change was a very small step.

Council Member Foy asked if the fans were operated at a lower decibel than the ordinance prohibited, could they still run all the time. Mr. Karpinos said that was correct, and if the fans ran at the permitted decibels during the day and at night, they could be run continuously.

Council Member Wiggins said she could support the revised ordinance, and was disappointed that no one representing the Country Club had been present at this meeting to discuss this matter.

Council Member Bateman said she was not going to support this revision. She said she wanted to hear from the other side and was not in favor of changing an ordinance for one situation.

Mayor pro tem Capowski asked if General Huron was speaking for the Country Club and if the Country Club had been notified of tonight’s meeting. General Huron said he was not. Mr. Horton said they had been notified.

Mayor pro tem Capowski said that 60 decibels was a lot of noise and for someone to operate machinery with this level of noise on its property was insulting its neighbor. He said that this was a much larger issue than the dispute between the neighbors and the Country Club, although he was sorry they could not have settled it together. Mayor pro tem Capowski said he would support the revised ordinance.

A member of the audience requested that there be verification from the Country Club about when, and how often, and how much the fan runs.

Council Member Brown said she thought that this revised ordinance was correcting an oversight and called the question.

THE MOTION WAS ADOPTED BY A 5-4 VOTE, WITH COUNCIL MEMBERS BROWN, CAPOWSKI, FOY, MCCLINTOCK AND WIGGINS VOTING AYE AND MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, EVANS, AND PAVÃO VOTING NO.

AN ORDINANCE AMENDING THE NOISE ORDINANCE EXEMPTION FOR LANDSCAPE MAINTENANCE EQUIPMENT (99-8-23/O-6)

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

Section 1. Section 11-40 of the Town Code is hereby revised by changing Exception (11) to read as follows:

“(11) Lawn mowers, agricultural equipment, and landscape maintenance equipment used between the hours of 7:00 a.m. and 9:00 p.m. when operated with all the manufacturer’s standard mufflers and noise-reducing equipment in use and properly operating condition, where the use is of short term and limited duration to accomplish a specific task and is not for extended or continuous periods for ventilation, aeration, dehumidification, evaporation, exsiccation, filtration, or other similar purposes.”

Section 2. This ordinance shall become effective upon adoption.

This the 23^rd day of August, 1999. (FIRST READING)

The revised ordinance must come back to the Council for a second vote, at which time the Country Club will be able to present its case.

Item 16 – Consideration of the Council’s Calendar through December 2000

Mr. Horton said many considerations had been taken in preparing the calendar and it was subject to any changes that the Council might wish to make.

Council Member McClintock said she would support it with the consideration that things could be changed according to future circumstances.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 21. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A CALENDAR OF COUNCIL MEETINGS THROUGH DECEMBER, 2000 (99-8-23/R-21)

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

Remainder of 1999
Month	Day of week	Date	Type of meeting	Notes
September		6		Labor Day holiday (Monday)
		10-12		Rosh Hashanah (sundown on the 10^th through sundown on the 12^th)
	Monday	13	business
		19-20		Yom Kippur (sundown on the 19^th through sundown on the 20^th)
	Wednesday	22	hearing
	Monday	27	business

October	Monday	11	business	Columbus Day Observed (not a Town holiday)
	Tuesday	12		University Day
	Wednesday	13	joint planning hearing	location to be determined (date proposed subject to concurrence by boards)
	Monday	18	hearing
		24-26		NC League of Municipalities meeting (Greensboro)
	Wednesday	27	business

November		2		general election
	Monday	8	business
		11		Veterans' Day (not a Town holiday; federal holiday)
	Monday	15	hearing
	Monday	22	business
	Monday	29		available for work session

December		1-4		National League of Cities meeting (Los Angeles)
		3		Hanukkah begins (Monday)
	Monday	6	Organization meeting

Beginning of 2000

2000
Month	Day of week	Date		Type of Meeting			Notes
Monday	10	business			Human Services Advisory Board's annual Needs Report

January	Saturday	15	planning session			8:30 am; location to be determined; includes budget/financial overview
		17				Martin Luther King Jr. Birthday holiday
	Wednesday	19	hearing
	Monday	24	business			Setting the scope for potential legislative requests
	Tuesday	25	public forum and hearing			budget, capital program, Comprehensive Grant, HOME program, Community Development grant, Downtown Service District; potential legislative requests
Monday	31				Available for work session, if desired.
Monday	14	business			public forum on legislative requests
	Wednesday	16	budget work session			6:00 pm; advisory board presentations
	Monday	21	hearing			President's Day (federal holiday; not a Town holiday)
	Friday	25	meeting with legislators			7:30 am; location to be determined; meeting date and time subject to concurrence by legislative delegation
	Monday	28	business

Wednesday	1	budget work session			6:00 pm; presentation by departments
Monday	6	business			Submittal of proposed 2000-2001 public housing budget (application deadline: 4/1);
					Consideration of adopting legislative program;


Monday	6	business			Submittal of potential changes to service plan for Downtown District for public hearing on May 10^th (any changes in service plan must be adopted by 6/30/2000 for 2000-2001) Request to County for Library, Parks and Recreation and Project Turnaround funding; authorizing boards to make presentations to the County Commissioners
	Wednesday	8	budget work session			6:00 pm; presentation by departments
	11-14				National League of Cities meeting (Washington, DC)
	9-12				ACC Tournament (Charlotte)
	10-18				UNC and Schools spring break
	Monday	20	hearing
	Wednesday	22	budget work session			6:00 pm; complete department head and advisory board presentations
	Monday	27	business			submittal of status report on development of 2000-2001 budget and capital program and proposed plans for using housing and community development grants including County-wide HOME program
	Wednesday	29	public forum/ hearing			Status report on development of 2000-2001 budget; capital program; Comprehensive Grant, HOME grant program, Community Development grant; and changes to the Downtown Service District service plan

	3				NCAA Division I men’s basketball championship
	Wednesday	5	budget work session			6:00 p.m.
	Monday	10	business meeting			recommendation by the Human Services Advisory Board on the total amount to be allocated for human services performance agreements in 2000-2001
	Wednesday	12	joint planning hearings			location to be determined (date proposed subject to concurrence by other local governing boards)
Monday	17	hearing
	19-20				Passover (begins sundown of April 19^th through the evening of April 20^tht).
	21				Good Friday holiday
Monday	24	business			submittal of: · recommended budget and capital program · proposed plans for using grants: 1. Comprehensive grant (deadline: 6/1), 2. HOME program (deadline: 5/15) and 3. Community Development grant (deadline: 5/15)
	Wednesday	26	budget work session			6:00 pm; if desired.

Tuesday	2				Wednesday		3		Available for work session, if desired.
Monday	8	business
	Wednesday	10	hearing			budget, capital program, Downtown Service District, transportation grant
May	Monday	15	hearing
	Wednesday	17	budget work session			6:00 pm; if needed
		21				UNC graduation
	Monday	22	Business
Monday	29
Saturday	10				High school graduations
Monday	12	business			consideration of adopting 2000-2001 budget and related items
	Monday	19	hearing
	Wednesday	21				NCLM Town Hall Day
Monday	26	business			consideration of performance agreements: · visitor information and cultural events funded with hotel-motel taxes, · human services (including recommendations by Human Services Advisory Board) and · Downtown Service District; year-end budget amendment

Tuesday	4				Independence Day(Tuesday) – Town holiday
	Wednesday	5	business

Monday	28	business

Sept.		4				Labor Day holiday (Monday)
	Monday	11	business
	Monday	18	hearing
	Monday	25	business
Sept.		29-30				Rosh Hashanah (sundown on the 29^th through sundown on the 30^th)

October	Monday	2	joint planning hearing		location to be determined (date proposed subject to concurrence by boards)
		4-8			UNC Fall Break
		8-9			Yom Kippur (sundown on the 8^th through sundown on the 9^th)
		9			Columbus Day Observed (not a Town holiday)
	Wednesday	11	business
	Thursday	12						15-17	NC League of Municipalities meeting (Fayetteville)
	Wednesday	18	hearing
	Monday	23	business
	Monday	30			Available for work session, if desired

Nov.		7			general election
		11			Veterans' Day (not a Town holiday)
	Monday	13	business
	Monday	20	Hearing
	Monday	27	Business

	5-9			National League of Cities Annual Conference (Boston)
	Monday	11	Business

This the 23^rd day of August, 1999.

Item 17 – Petitions

a. By the Mayor and Council Members

1. By Council Member Brown, Regarding the U.S. 15-501 Major Investment Study

Council Member Brown said that at the August 11^th Durham-Chapel Hill Work Group meeting, Durham County Commissioner and Triangle Transit Authority member Ellen Reckhow requested that Council Member Brown ask the Chapel Hill Town Council to review the Major Investment Study (MIS) transit scope of work in light of the Council resolution of July 7, 1999, and the $750,000 cost for the MIS Phase II Scope of Work.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT A PETITION TO CONTINUE WITH THE WORK OF THE MIS PHASE II SCOPE OF WORK. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

2. By Council Member Brown, Regarding the Northern Community Pool

Council Member Brown said this petition was concerning the Northern Community Pool and she thought that was covered in the “green” building requirements the Council had passed. The item was referred to the staff.

18 – Items Removed for Discussion

5c. Special Use Permit Violations

Council Member McClintock thanked the Manager for his report and asked what happened with this violation by Britthaven of Chapel Hill. Mr. Horton said they had filed an application for Special Use Permit Modification, which would be coming for the Council’s consideration at a public hearing on September 20, 1999.

5d. UGROW-Urban Growth Model Update

Council Member McClintock asked what the next step would be in using this technology. Mr. Horton said the staff was expecting that Triangle J Council of Governments would pursue this as a lead agency and attempt to negotiate an arrangement so that communities in the Triangle area who wished to participate in developing the model for application would be able to do so. He said that if this did proceed, then Chapel Hill would have an opportunity to participate if the Council wished to do so, and would have an opportunity to develop a model that reflected the Triangle conditions as well as Chapel Hill conditions. Mr. Horton said Congress did not act favorably on the Earth Sciences aspect of the NASA budget, which might have some affect on the model.

5e. Meadowmont Apartment Energy Standards

Council Member Brown asked whether, in #4, the Insulation Standard, these were the standards that were developed by the Energy experts who appeared before the Council. She asked also if there was a way to demonstrate how these standards would reduce the energy consumption of these apartments from 30-50% and about the energy management programs for the other parts of the Meadowmont development. Mr. Horton said the staff could put those questions to the applicant and would report back to the Council at its next meeting.

Mayor pro tem Capowski said he was confused by the statement in the letter from Roger Perry regarding the Energy Management program that read “there will be no need of additional inspections by the Town of Chapel Hill.” He asked what was the requirement, that these energy improvements be submitted as a list or a requirement that they be implemented. Planning Director Roger Waldon said there was a requirement that they be submitted, with the expectation that they be implemented. Mr. Horton said the Town’s Inspection Department would be looking at all of the structural equipment.

5f. Information Regarding Proposed Construction of the N.C. Center for School Leadership Development Located on the Mason Farm Property

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO REFER THIS TO THE MANAGER TO COME BACK TO THE COUNCIL AS SOON AS POSSIBLE WITH A RECOMMENDATION ABOUT HOW THE COUNCIL COULD MAKE THIS PROCESS FROM THE STATE CLEARINGHOUSE A BETTER PROCESS FOR THE COUNCIL TO USE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

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

The meeting was adjourned at 10:20 p.m.

The minutes of August 23, 1999 were adopted on the 27^th day of September, 1999.

__________________________________________

Joyce A. Smith, CMC

Item 1 – Ceremonies

Item 3 – Petitions by Citizens and Announcements by Council Members

Council Member Bateman said that she was stationed in the area of Turkey where the quake occurred while serving in the Peace Corp, and thanked Council Member McClintock for mentioning the aid addresses.

Council Member Wiggins said that the Red Cross would also take donations.

Item 4 – Consent Agenda

Street

A RESOLUTION AMENDING THE COUNCIL’S MEETING CALENDAR (99-8-23/R-3)

SECTION I

SECTION II

SECTION III

SECTION IV

Dwelling Structures $379,365

Fees and Costs $ 6,500

Relocation $ 2,000

SECTION V

SECTION VI

SECTION VII

SECTION I

SECTION II

SECTION III

SECTION VI

SECTION I

SECTION II

SECTION III

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

SECTION V

Council Members

Council Members

Council Members

September

October

University Day

November

December

Monday

Monday

Wednesday

Monday

Tuesday

Wednesday

Monday

Monday

Saturday

Monday

Monday

Tuesday

Monday

Town Clerk