SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, MARCH 27, 2000 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, Pat Evans, Kevin Foy, Lee Pavão, Bill Strom, Jim Ward, and Edith Wiggins.  Staff members present were: Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Bill Stockard, Planning Director Roger Waldon, Solid Waste Administrator Gayle Wilson, Library Director Kathy Thompson, Long Range Planner Chris Berndt, Public Works Director Bruce Heflin, and Town Clerk Joyce Smith. 

Item 1 – Ceremonies

Council Member Wiggins displayed a plaque and photo from the Town of Griffin thanking the Town of Chapel Hill for its help through Mutual Aid after the recent hurricane. She received this from the Town of Griffin’s Commissioners on behalf of Mayor Rosemary Waldorf. 

Item 2 – Public Hearings (none)

Item 3 – Petitions and Announcements by Council Members

a.      Petitions by Citizens on Items on the Agenda

1.      Petition from Peter Carpenter, Public Arts Symposium, withdrawn.

2.      Petition from Nerys Levy, Orange County Public Arts Group, regarding the Third Annual Community Dinner.  Ms. Levy asked for Council support for future Community Dinners, with a donation from the budget of $500.  She said that this year’s event had been attended by 500 people of all ages and cultural origins, including some members of the Council, and that it had been very successful.  Ms. Levy said that Carrboro was considering making support of this event part of its annual budget.  She said the Group wished to make this an annual event as part of the Community Arts Festival.

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

b.      Petitions by Citizens on Items not on the Agenda.

Council Member Bateman read a letter from Margaret Cheek regarding funding for the Pine Knolls Development.

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

c.       Announcements by Council Members.

Council Member Brown announced that there would be a presentation on energy by Amory Lovins, a recognized authority on energy, at the Airport Holiday Inn on April 9, 2000, from 11:00 a.m. until 2:00 p.m.  She said Mr. Lovins and Paul Hawkins had recently written a book entitled “Natural Capitalism: Creating the Next Industrial Revolution.”

Item 4 – Consent Agenda

Council Member Brown removed item h.

MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1, WITH ITEM “H” REMOVED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(2000-03-27/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:

This the 27^th day of March, 2000.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2000-03-27/R-2)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Housing and Community Development Advisory Board

Michelle Johnson

This the 27^th day of March, 2000.

A RESOLUTION INSTRUCTING THE MANAGER TO CONDUCT A TRAFFIC ANALYSIS OF THE INTERSECTION OF STATESIDE DRIVE AND NC 86 (2000-03-27/R-3)

WHEREAS, the NC Department of Transportation has determined that no traffic signal is needed at the intersection of Stateside Drive and NC 86; and

WHEREAS, the Council desires to conduct an additional analysis to determine if NCDOT standards for a traffic signal can be met;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council instructs the Manager to conduct a traffic analysis of the intersection of Stateside Drive and NC 86, to determine whether the Town can establish that the standards for installation of a traffic signal can be met.

This the 27^th day of March, 2000.

A RESOLUTION CONFIRMING THE FINAL ASSESSMENT ROLL FOR IMPROVEMENTS ON SUGARBERRY ROAD (2000-03-27/R-4)

BE IT RESOLVED by Council of the Town of Chapel Hill that the Council hereby confirms the following as the final assessment roll for improvements on Sugarberry Road in accord with North Carolina General Statutes 160A-228:

This is the 27^th day of March, 2000.

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF EAST FRANKLIN STREET, HENDERSON STREET, HILLSBOROUGH STREET AND RALEIGH STREET (FRANKLIN STREET MILE ROAD RACE) (2000-03-27/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of East Franklin Street between Columbia Street and Boundary Street; Henderson Street between Franklin Street and Rosemary Street; Hillsborough Street between Franklin Street and Rosemary Street; and Raleigh Street between Franklin Street and Cameron Avenue on Saturday, October 7, 2000, from 8:00 am to 10:00 am, to allow the holding of the Franklin Street Mile Road Race.

This the 27th day of March, 2000.

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF FRANKLIN STREET(FRANKLIN STREET MILE ROAD RACE) (2000-03-27/O-1)

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

That on the 7th day of October, 2000 between the hours of 7:30 a.m. and 10:30 a.m. there shall be no parking on either side of Franklin Street between Columbia Street and Boundary Street.

The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said street during such hours on said date.  The Police Department is further authorized to remove, tow, and impound vehicles of any kind which are parked on said street during such hours in contravention of the Ordinance.  In light of the event and the large number of pedestrians expected in the street area, the Council hereby determines that vehicles in the restricted areas would constitute a special hazard requiring prompt removal.  The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.

This the 27th day of March, 2000.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A PERFORMANCE AGREEMENT WITH THE TOWN AND THE CHAPEL HILL-CARRBORO RESIDENTS’ COUNCIL (2000-03-27/R-7)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Performance Agreement with the Chapel Hill-Carrboro Residents’ Council in the amount of $52,000.

This the 27^th day of March, 2000.

A RESOLUTION AUTHORIZING THE MANAGER TO ENTER INTO NEGOTIATIONS REGARDING CONDUCTING A DEMONSTRATION FOR A HOLIDAY BUS SHUTTLE SERVICE (2000-03-27/R-9)

WHEREAS, the Manager is authorized to enter into negotiations with appropriate parties to determine interest in conducting a holiday bus shuttle project that would service downtown, University Mall, Eastgate and Ram’s Plaza Shopping Center;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to enter into negotiations to determine interest in a holiday bus shuttle project during November through January.

This the 27^th day of March, 2000.

AN ORDINANCE AMENDING CHAPTER 21-13 OF THE CODE OF ORDINANCES REGARDING RIGHT-OF-WAY AND STOP REGULATIONS (2000-03-27/O-2)

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

Section 1.  Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations” is amended by inserting the following, in appropriate alphabetical order:

“Intersection(s)

Mason Farm Road/East Drive”

Section 2.  This ordinance shall become effective April 1, 2000.

This the 27^th day of March, 2000.

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A BACKHOE/ LOADER (2000-03-27/R-10)

WHEREAS, the Town of Chapel Hill had advertised notice of waiver of the formal bid process by legal notice in The Chapel Hill News/Village Advocate Classifieds on March 15, 2000, in accordance with G.S. 143-129-(g) for the purchase of a backhoe/loader; and

WHEREAS, a formal bid competition was held by the Town of Garner on June 10, 1999 in accordance with G.S. 143-129; and

WHEREAS, the North Carolina Equipment Company offers the Town the backhoe/loader at the same price as offered to the Town of Garner.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town implements the waiver of formal bid process in accordance with G.S. 143-129-(g) and accepts the offer to sell of North Carolina Equipment Company in the amount of $55,021.

This the 27^th day of March, 2000.

A RESOLUTION AMENDING THE COUNCIL’S MEETING CALENDAR (2000-03-27/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adds to the Council’s Meeting Calendar a work session on April 3, 2000, at 4:00 p.m. to receive a presentation by Mary Clayton on Transportation Demand Management.

This the 27^th day of March, 2000.

A RESOLUTION ENCOURAGING APPLICANTS SEEKING DEVELOPMENT APPROVALS TO INCLUDE VISUALIZATION IMAGERY (2000-03-27/R-12)

WHEREAS, the Chapel Hill Town Council believes that the best decisions regarding development applications are made when all parties involved in the process have a complete understanding of what is being proposed; and

WHEREAS, such understanding can be materially enhanced with the aid of visual depictions and simulations of proposed development;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to require, as a component of all new applications for rezoning, Special Use Permit, Site Plan Review, and/or Major Subdivision, that photographs be submitted as part of the development application which illustrate existing conditions on the subject property and adjacent properties.

BE IT FURTHER RESOLVED that the Council encourages all applicants seeking rezoning, Master Plan, Special Use Permit, Site Plan Review, and/or Major Subdivision approval to prepare and submit, along with their applications, visualization and simulation materials in an electronic form that can be used at public meetings to help explain the proposed project and its impacts.

This the 27^th day of March, 2000.

A RESOLUTION LISTING GOALS AND OBJECTIVES ESTABLISHED BY THE COUNCIL AT THE JANUARY 14, 2000, PLANNING SESSION WITH A PROPOSED SCHEDULE TO ADDRESS THEM  (2000-03-27/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following goals and objectives for 2000 and the proposed schedule for addressing them:

COUNCIL GOALS AND OBJECTIVES FOR 2000

Development Regulations:

Goal:   Re-write the development ordinance in a manner that:

• Promotes creation of housing in a range of prices through a system of incentives and requirements

• Fosters sustainable development

• Provides greater regulatory flexibility for the Council

• Focuses more attention on the impacts and effects of development proposals

Action: The Council has agreed in discussion to allocate funds to pay for the cost of a consultant to re-write the development ordinance.  The Manager will bring a proposal for employment of a consultant at the Council’s April 24, 2000 meeting.

Goal:  Enhance the objectivity and usefulness of traffic impact analyses required for development applications.

Action:  The Manager will report to the Council in the first quarter of 2000-2001 on options for obtaining independent traffic impact analyses with development applications.

Goal:  Modify the development application review process to make it less adversarial while encouraging earlier and more effective citizen involvement.

Action:  The Manager will report to the Council in the second quarter of 2000-2001 on options for improving the process.

Downtown Initiatives:

Goal:  Adopt the Downtown Small Area Plan.

Action:  The Council is scheduled to consider adoption of the Downtown Small Area Plan at its March 27, 2000 meeting.

Goal:  Determine the feasibility of constructing employer-employee housing and associated services, including parking and retail development, on Town and University land in the Rosemary Street downtown area.

Action:  The Manager will negotiate a contract with the consultant selected by the Council, UniDev, and will submit the contract for Council consideration at its meeting on April 10, 2000.  The Manager also will obtain a letter of commitment that will pledge the financial participation of the University and UNC Hospitals in supporting the study, as previously agreed informally, and present such letter to the Council at the same meeting.

Goal:  Develop a plan for the preservation, enhancement and future use of the Old Post Office Building.

Action:  The Council has appointed a special Committee on the Old Post Office to develop proposals for the preservation, enhancement and future use of the building. The Committee has begun work and will report to the Council as progress is made.

Goal:  Increase the pace of downtown streetscape reconstruction.

      Action: The Manager will report to the Council in the fourth quarter of fiscal 1999-2000 on downtown streetscape reconstruction options, including consideration of how to increase the pace of reconstruction.

Goal:  Provide a report on the City of Monrovia downtown redevelopment program for the Council’s information.

      Action: The Manager will provide a report on the City of Monrovia downtown redevelopment program in the first quarter of fiscal 2000-2001

Capital Improvements Program:

Goal:  Develop a 15-year capital improvements program.

Action:  The Council received a report from the Manager on February 28, 2000 that outlined a preliminary approach to development of a 15-year capital improvement program that would identify all Town capital needs and result in a funding schedule determined by the Council.  The Council agreed to further discuss the report at the April 5, 2000 budget work session.

Goal:  Consider the County’s proposed recreation and parks master plan and the proposal to schedule a County recreation and parks bond referendum; develop a statement of the Council’s interest in the master plan and the bond referendum with a view toward assuring that the Town’s interests are fairly addressed.

Action:  The Council will receive a presentation by County Commissioner Margaret Brown and a report from the Manager about the County’s proposed recreation and parks master plan at the Council’s March 27, 2000 meeting.  The Manager’s report on the proposed recreation and parks master plan will offer resolutions for the Council’s consideration.

We recommend that the Council discuss the proposed bond issue and instruct the Manager to prepare a resolution for the Council’s consideration that would state the Town’s interests.

Goal:  Make more effective use of Town funds allocated for purchase of open space.

Action:  The Council has adopted a schedule of general priorities for purchase of open space using bond funds.  The Manager will prepare a proposal for the Council’s consideration in the fourth quarter of 1999-2000 that would further clarify the Council’s priorities for open space acquisition and propose engagement of a real estate professional to assist the Town in carrying out an acquisition program.

Town Staffing and Organization Structure:

Goal:  Ensure that the Town staffing and organization structure is appropriate to meet the challenges and take advantage of the opportunities of digital-age technology and changing expectations of citizens about communications and services.

      Action: The Council-appointed Technology Committee has been working for more than a year to conduct a review of Town operations.  We expect that the Committee will report its findings and recommendations to the Council in the early fall of 2000.  We believe that the Committee’s report will be a good beginning point for further discussion of the Council’s goal and development of a follow-up work plan by the Manager.

This the 27^th day of March, 2000.

Item 5 – Consent Agenda: Information Items

The Information Reports were received by the Council.

Item 6 – Solid Waste Management Issues

Town Manager Cal Horton noted that the County Commissioners voted at its March 21, 2000 meeting to withdraw support of the rezoning request, and accordingly, the application was formally withdrawn.  He said the status of the Interlocal Agreement on Solid Waste Management and the Board of Orange County Commissioners’ 60-Acre recommendation and amendment to the Interlocal Agreement would be discussed by Assistant Manager Sonna Loewenthal.

Ms. Loewenthal said there were two main points to the Interlocal Agreement:

1.      That 60 acres from the Greene Tract be deeded to Orange County.

2.      That the 60-acre parcel be rezoned to allow solid waste management activities, without the need for Council approval.

She said that on March 21, 2000, the Board of the County Commissioners decided to recommend:

1.      The exact 60 acres to be transferred to Orange County.

2.      Voted to withdraw support for the rezoning of the Greene Tract.

Ms. Loewenthal said the Board then voted to recommend an amendment to the agreement that would eliminate all the references in the present agreement to rezoning the Greene Tract, and therefore change the effective date of the agreement, depending when the three owners approved the amendment to the Agreement, and when they approved the boundaries of the 60-acre parcel. She said the Amendment would also include an acknowledgement to this effect: “The Parties acknowledge and support the County’s position that as operator of solid waste operations, it may, despite diligent efforts to explore alternatives, settle upon the area on and proximate to the existing close landfill site on Eubanks Road as the location for additional solid waste facilities.”

Ms. Loewenthal said the County had observed that there were hardwood stands in the area and it was located close to the headwaters of a number of creeks.  She said the staff agreed that the observations of the County were accurate and reasonable and the choice was a logical one.  Ms. Loewenthal stated the staff recommended that the Council adopt the Resolution before it, which would accept the boundaries for the 60-acre parcel to be transferred, and adopt the Amendment proposed by the County to the Interlocal Agreement.

Howard Baldwin, recently retired from the Chapel Hill Sanitation Department, 13 of those years as a supervisor in that Department, asked the Council to please consider curbside pickup of garbage.  He said it would save the Town a great deal of money, Town employees would not be accused of stealing from citizens’ yards, would not have to deal with snakes, bugs or rodents, and would not fall in ditches and break limbs.  Mr. Baldwin said curbside collection worked very well in Carrboro, and he felt it would work well for Chapel Hill.  He said he would like to meet with some members of the Council to discuss this and show them a video he had taken of the employees removing garbage from back yards.  Mr. Baldwin also said the turnover of personnel was very large.

Mayor Waldorf said she would like to see the video and would like to have Mr. Baldwin’s comments referred to the Manager for budget consideration.

Rev. Robert Campbell cited language from the Interlocal Agreement of November 1, 1977, which stated if the Greene Tract owners had not reached an agreement as to the ultimate use or disposal of the Greene Tract by January 1, 2000, the County, as agent for the other owners, shall proceed to offer and sell all the Greene Tract for cash to the highest bidder, at its discretion.  He said the Agreement stated that the parties could not decide to divide the Greene Tract.  Rev. Campbell said there was arsenic in the well water in the Rogers Road neighborhood, and he wanted the Council to tell the County to speed up bringing water to all the neighborhoods around the solid waste facility.  He asked the Council not to let the County put another solid waste facility in the Rogers Road neighborhood, especially on the Greene Tract.

Linda Carver asked that the Council continue to listen to the people living on Rogers Road and Millhouse Road.  She said she was speaking for the people who lived on Eubanks Road, who had been speaking against more solid waste facilities in the neighborhoods for years.  Ms. Carver stated she was glad for the people near the Greene Tract, but she wanted her neighborhood’s concerns to be heard as well.

Sally Council expressed her appreciation to the Council for the hearing for public comment on February 21, 2000, and especially to Council Member Brown for her continued stewardship of the Greene Tract and her vigilance in making sure that the Rogers Road community understood and was included in the process. She also thanked the Planning Board for its recommendation not to rezone the Greene Tract.  Ms. Council said some of the proposals for the Greene Tract were troubling:

·        To use land on either side of Eubanks Road as fall-back solutions in case there is no other 10-acre tract in Orange County to be used as a transfer station or materials recovery facility.

·        Solid waste disposal somewhere other than the Eubanks/Rogers Road community may be more expensive - disposal of garbage has always come at a high price.

·        Solid waste management does not belong in a residential community.

·        Suggestion that sites zoned for industrial be used for transfer stations is a good one.

·        Keeping the Greene Tract as publicly-owned open space, with all its natural resources would offer many opportunities to the citizens of Chapel Hill for recreation.

Council Member Evans asked how many acres were between the Greene Tract and the railroad tracks as shown on the revised map in the Council’s packet, and why those acres were not included.  Ms. Loewenthal answered about 5 acres, and she did not know why it was not included.  Council Member Evans questioned the wisdom of the carving of the site.

Council Member Brown said she was puzzled by wording in the Amendment regarding Part 5, which read, “… reserved for System purposes…”  She asked for the meaning of “System purposes.”   Ms. Loewenthal said there was discussion as to whether this would be an asset for the County to help support future purposes of the County, such as the sale of the property.

Council Member Brown said it was very disturbing to her and not understandable and she could not support such an amendment, especially since it was an unknown.  She said this was completely new language and was unfair to the people in the neighborhood, who had not heard of this at the public hearing.

COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT RESOLUTION 14.

Council Member Foy noted that by moving the Resolution it removed references to rezoning, established a new effective date for the agreement, and agreed to that 60-acre portion of the Greene Tract.  He said it was important to recognize the language in the letter from the Commissioners, second bullet on page 6 of the packet, which read,

“Based on the Triangle Land Conservancy inventory and the Wildlife Corridor Study, and in concurrence with the Town of Chapel Hill’s resolution on parkland preservation for the Greene tract, the total tract should be preserved as open space and protected to the greatest extent possible. That includes preservation of the important natural areas, especially significant hardwood forest areas. These areas contain the most suitable areas for potential habitat, and include both upland and bottomland hardwood forests. Furthermore, the Greene tract is the headwaters of the Bolin Creek, Booker Creek, and New Hope Creek basins.”

Council Member Foy felt this was as much of a commitment as any elected body could make with regard to a public asset.  He suggested inviting the Commissioners to place more formal restrictions on the property.  Council Member Foy said he was very pleased with the outcome and felt the Council should support the Commissioners.

Council Member Brown asked if the Resolution the Council would be voting on would include the change in the language of the agreement.  Attorney Karpinos said the Council would be voting on the Resolution, which included the same language as the Resolution the Council had previously voted on.

Council Member Brown noted that there was one change, substituting “System purposes” for “solid waste management purposes.”

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 15, REMOVING THE GREENE TRACT FROM THE INTERLOCAL AGREEMENT WITH ORANGE COUNTY.  THE MOTION FAILED 2-7, WITH COUNCIL MEMBERS BROWN AND WARD VOTING AYE, AND MAYOR WALDORF, MAYOR PRO TEM PAVÃO, COUNCIL MEMBERS BATEMAN, EVANS, FOY, STROM, AND WIGGINS VOTING NAY.

THE COUNCIL RETURNED TO THE MAIN MOTION.

Council Member Evans offered a “Friendly” Amendment to add the portion between the Greene Tract and the railroad track to the 60-acre parcel, subtracting an equal amount of land toward the southeastern corner to make a final 60-acre parcel.

Council Member Ward agreed with Council Member Evans that the configuration would make it very difficult for anyone else to use that portion of the land.  He said he agreed with Council Member Brown that the 169 acres should remain intact and remain under the ownership of the three governments, since it had been determined that it would not be used for a landfill.  Council Member Ward said he did not derive comfort in the language used by the County Commissioners that the land would remain a landfill asset, and the language could be interpreted to mean anything.

Council Member Brown said she felt the language was a serious step back and a mistake to divide up the land.  She said it was contrary to the language in the Neville Agreement, which was to keep the land together.

THE MAIN MOTION PASSED WITH A VOTE OF 6-3, WITH MAYOR WALDORF, MAYOR PRO TEM PAVÃO, COUNCIL MEMBERS BATEMAN, FOY, STROM AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BROWN, EVANS, AND WARD VOTING NAY.

A RESOLUTION ADOPTING AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR SOLID WASTE MANAGEMENT AND AGREEING TO THE SPECIFIC 60 ACRES TO BE TRANSFERRED TO ORANGE COUNTY PURSUANT TO THIS AGREEMENT (2000-03-27/R-14)

WHEREAS, the Council has previously entered into an “Agreement for Solid Waste Management”, which governs the transfer of solid waste management responsibility to Orange County; and

WHEREAS, the Council wishes to continue with the transfer of solid waste management responsibility to Orange County;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council agrees to authorize the Town Manager to execute the amendment to the “Agreement for Solid Waste Management”, as indicated in Exhibit A, which would remove references to rezoning and established a new effective date for the Agreement, and

BE IT FURTHER RESOLVED that the Council agrees that the 60-acre portion of the Greene Tract represented by Map 1 be deeded to Orange County pursuant to said Agreement.

This the 27^th day of March, 2000.

COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, THAT THE MAYOR REQUEST A FIRM COMMITMENT FROM THE TOWNS OF CHAPEL HILL AND CARRBORO AND THE ORANGE COUNTY COMMISSIONERS TO REAFFIRM THE COMMITMENT TO THE LANGUAGE ON PAGE 2 OF CHAIRMAN CAREY’S LETTER, SPECIFICALLY THE TWO BULLETS, AND FOR THE THREE GOVERNMENTS TO MAKE A COMMITMENT TO AND FORMALIZE THE AGREEMENT.  SECONDLY, TO ASK THE MAYOR TO WORK OUT A PROCESS WITH THE MAYOR OF CARRBORO AND THE CHAIRMAN OF THE COUNTY BOARD OF COMMISSIONERS REGARDING HOW TO FORMALIZE THE BALANCE OF THE 109 ACRES, WHICH ARE PART OF THE INTERLOCAL AGREEMENT AND TO DO IT NOW WHILE THE FOCUS WAS ON THE GREENE TRACT.

Council Member Ward said the wording was for the current Board of Commissioners.

Council Member Foy felt it was possible to negotiate a binding commitment on the part of the Board of Commissioners, before the deed was written.

Council Member Brown asked how any future governments would be bound by the resolution just passed. Mr. Karpinos said there was no way to bind future governments, because there are laws that state that policy set by a Council are not binding on future Councils. He said the Amendments that the Council had adopted had language which made opportunities during the bargaining phase, but nothing agreed to today would require future boards and commissioners not to determine that changes could be made.

Council Member Brown added a stipulation that all discussions be held with all governing bodies together and that they be held in public with the neighborhoods affected being notified of all meetings.

Council Member Evans noted that it might be very difficult to get all the bodies together at the same meeting, since all of the entities had very heavy and complex schedules.

Council Member Brown wanted all persons living within 2,000 feet of the Greene Tract to be notified of any further discussions.

Council Member Strom added a “friendly” amendment, that the Mayor request the Orange County Commissioners to add to the Amendment that this be a binding agreement, with deed restrictions regulating use.

Council Member Foy accepted the amendment, and after discussion of what he meant to include, said it would include all the 169 acres.

Council Member Wiggins said it should be made clear that the Council would turn the operation over to the County, that the County would get the 60 acres which they had promised to keep as open space, and the intent of the other parts could be discussed.  She said the language needed to be very clear and very simple.

Council Member Brown referred to her memo to the Council of November 8, 1999, relating to the Greene and Neville Tracts, stating that she felt the language was very clear.  She asked Council Member Wiggins if she thought the language was clear.   Council Member Wiggins said it was clear and the language could be included in discussions once the process had begun, but she thought the language should be kept clear, understandable and simple.

Council Member Brown said the first three points she had made were clear and simple.

Council Member Ward asked for clarification.

Mayor Waldorf reiterated the language of motion and the amendments.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 7 – Consideration of Joint Master Recreation and Parks

Plan Work Group Proposal

The Council deferred this item until April 10, 2000.

Item 8 – Response to The Chapel Hill Museum’s Petition

Regarding Funding Request

Library Director Kathy Thompson said that on January 24, 2000, the Board of Trustees of the Chapel Hill Museum petitioned the Council to: (1) provide annual sustaining funding for Museum programs, (2) routine facilities maintenance, and (3) a program of capital asset management for the facility located at 523 East Franklin Street.  She said the staff recommended adoption of Resolution A, which stated that the Town would maintain the current conditions of its lease with the Museum.   Ms. Thompson stated the memo included Resolution B which would allow the Council to select additional support, at a level to be determined by the Council for any or all of the Museum’s requests for additional funding.

Ms. Thompson said the staff’s review of the record indicated that the Council’s original intent regarding its relationship with the Museum was that the Museum should be given free use of the old library building and no other financial support.  She said the current lease stated that the Museum would be responsible for all operating costs of the Museum.  Ms. Thompson noted the Town could decide to change the relationship with the Museum and consider funding programs, routine maintenance, or capital asset management, or a combination. She said some of the advantages for providing support included:

1.      Continued citizen access to programs and artifacts significant to the history of Chapel Hill. The Town would be supporting the only local facility dedicated to preserving the Town history.

2.      Town support could encourage private gifts and donations.

3.      Town money could serve as local match money for museum grants.

Ms. Thompson said disadvantages were:

1.      Adding expenditure in a difficult budget year and adding the Museum support would require either reallocation of funds from other programs or adding funds to the budget.

2.      Expectation of continuing Town funding.

Ms. Thompson said if the Town chose to provide routine maintenance costs and/or capital maintenance costs, the advantages and disadvantages would be similar:

·        The advantage would be that the Town would be assured of the upkeep of the facility and citizens would benefit from increased Museum programming, if the Museum did not have to set aside money for maintenance.

·        The disadvantage would be cost, increased dollars for the present and the future could result in fewer dollars being available for other Town facilities, and maintenance costs could increase with the addition of programs and rental of space to others.

Ms. Thompson said the Museum Board did not believe it could raise sufficient funds to provide good programs and good maintenance, but the staff believed that the Museum was in a better position for raising funds than in the past.  Based on this, she said the staff’s recommendation was adoption of Resolution A, whereby the Museum would attempt to raise sufficient revenues in 2000-2001 so it would be able to pay its own operating costs, routine maintenance and capital maintenance costs.  Ms. Thompson said if the Council decided to provide limited support, the staff would negotiate a revised performance agreement with the Museum, and return to the Council for its consideration.

Council Member Bateman asked when the current lease expired.  Ms. Thompson said the current lease ran for 10 years.

Nancy Preston, member of the Board of Trustees of the Chapel Hill Museum, said the Board was pleased that it was helping to preserve the history of the Town of Chapel Hill, and to have a new director of the Museum.  She said the Board was grateful for the Board and numerous committees who worked hard to support the visions and needs of the Museum.  Ms. Preston said enriched programs, exhibits and lectures were planned with the University and other organizations.

Alan Rimer, member of the Board of Trustees of the Chapel Hill Museum, thanked the staff for its efforts on behalf of the petition.  He said, recognizing the budget constraints on the Town, the $20,000 request they had made should be withdrawn for the present.  Ms. Rimer said as a result of Hurricane Floyd, the State would not be granting money to museums in the State, from which the Chapel Hill Museum had previously received from $20-40,000 each year.  He suggested some form of a maintenance agreement with the Town, and the Museum’s Facilities Management Committee could deal with the maintenance issues with the Town. Ms. Rimer said if the Council supported this idea, the Committee would meet with the Town and help draw up an agreement for approval by the Council.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ALLOW THE MUSEUM TO COME BACK TO THE COUNCIL WITH A COUNTER-PROPOSAL TO COVER SOME MAINTENANCE AND POSSIBLY CAPITAL COSTS.

Council Member Bateman asked if the Museum facility would be a building that the Town could use for other purposes, or if, by agreeing to the maintenance agreement, the Town would be committed to the use of the building for a museum.  She agreed that the Town should ensure proper maintenance of the building as a capital asset.

Council Member Foy said he would like to know what the Museum Board’s future plans were for the Museum, and whether they intended to remain in the present location, or move somewhere else.  He said it would put a different light on the issue if the Town felt it was going to have the building back in six years.

Council Member Brown asked Mr. Horton how he viewed the time involved in the working of a maintenance agreement, and how he envisioned going forward with the plan.  Mr. Horton replied it would have to be done this spring, because of the budgetary impact and would involve a few more hours a week.

Mayor Waldorf asked Mr. Horton if he felt the need for the Council to be more specific about the level of support it would be interested in.  Mr. Horton said there would be discussion with the Museum Board to determine the level of routine maintenance and that capital maintenance would be needed.  He said, after the determinations, the staff would bring back the results of the discussion to the Council.

Council Member Brown asked if the word “negotiation” was included in the motion.  Mayor pro tem Pavão said that would come after the discussions and, after working with the staff, a plan was presented.  Mr. Horton said the staff would have some sort of non-binding negotiations, in order to reach some kind of agreement.

Council Member Wiggins said she would be open to any possibility of preserving a Town asset.

Council Member Ward asked if there would be some costs figures and how they might be shared between the Town and the Museum.  Mr. Horton said he would make some rough estimates for future costs, but would not be able to have them done for the spring.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 9 – Adoption of the Downtown Small Area Plan

Long Range Planning Director Chris Berndt said the draft Downtown Small Area Plan was prepared by a work group consisting of the Planning Board, additional citizens representing downtown, the adjoining neighborhoods, and the community as a whole. She said the Work Group presented its draft plan to the Town Council on October 12, 1998, and the Council decided to make the draft plan a part of the overall Comprehensive Plan update.  Ms. Berndt said it became a focus area for the recent revision efforts.  She said the Council, at its annual retreat, made the adoption of the Downtown Small Area Plan a priority for the year, with the goal of adopting the plan by April 1, 2000.  Ms. Berndt said after a work session on February 7, 2000, the Council submitted additional comments to the staff, with other comments from individual Council Members. She said, in attachment 1, there were staff responses to the Council’s comments, and the changes were made as noted, noted, as well, were additions and deletions.

Ms. Berndt said the plan itself contained goals and objectives for the downtown, had new data on existing conditions, contained key planning concepts for the downtown, and implementation strategies.  She noted some of the key ideas included:

·        Identifying opportunity areas for new development downtown.

·        Identifying key preservation areas for downtown.

·        Included establishing design guidelines for the downtown, included in the packet for Council’s adoption.

Ms. Berndt said the staff recommended adoption of Resolution 20, adopting the Downtown Small Area Plan as a component of the Town’s Comprehensive Plan.

Council Member Brown suggested removing the references to “rail” and substituting the word with “fixed guideway” or “mass transit.” Ms. Berndt said that would be done.

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

A RESOLUTION ADOPTING THE DOWNTOWN SMALL AREA PLAN (2000-03-27/

R-20)

WHEREAS, it is an objective of the Comprehensive Plan of the Town of Chapel Hill to revitalize and conserve the Town Center as an attractive and active center, with a pedestrian orientation and a human scale; and

WHEREAS, the Town Council authorized the preparation of a Small Area Plan for the Downtown and appointed a Work Group to undertake the development of a draft plan; and

WHEREAS, the Work Group completed its report in October, 1998 and submitted it to the Town Council for consideration; and

WHEREAS, the Town Council incorporated review of the Downtown Small Area Plan into the preparation of a new Comprehensive Plan for Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the Downtown Small Area Plan, dated March 27, 2000 as a component of the Town’s Comprehensive Plan.

This the 27^th day of March, 2000.

Item 10 – Consideration of Amendments to Draft of

Comprehensive Plan and Process for Review

Mr. Horton said that there were a number of proposed changes in the Draft, and a couple of significant map changes.  He said the staff believed it would be worthwhile for the Council to consider a revised process that would allow more time for public comment.

Planning Director Roger Waldon said there had been several work group sessions and public meetings, public symposiums, sessions with a consultant, and the like, and final vote to send the draft plan on to the Town Council for consideration. He said the Council had held two Public Hearings and work sessions that focused on some key changes that it wanted made.  Mr. Waldon said a number of smaller changes were also requested.  He said the staff was recommending that the Council not act on the draft Comprehensive Plan this evening, but instead put in place a one-month comment period, because it felt more time was needed for the Council and the community to review the final draft.  Mr. Waldon said there was nothing new in the draft, but the adjustments were large in number, due to the extensive participation of citizens and the careful review by the Council members.

Mr. Waldon said the staff recommended that the Council adopt Resolution 21, which would set one final month’s worth of process in motion, direct the staff to schedule a public information meeting, and have the draft document for viewing in the Town Clerk’s office, in the Planning Department, in the Library, and on the Town’s web page. He said the staff recommended returning to the Council on April 24, 2000, with the recommendation for Council consideration and possible adoption of the Comprehensive Plan.  Mr. Waldon said one of the reasons the staff would wish to see final adoption of the Comprehensive Plan, was that it would help in the revision and implementation of the Development Ordinance.

MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 21.

COUNCIL MEMBER BROWN OFFERED AN AMENDMENT TO THE MOTION, THAT THE COUNCIL HOLD AT LEAST ONE MORE PUBLIC HEARING ON THE DRAFT COMPREHENSIVE PLAN WITH NOTICES OF A PUBLIC HEARING MAILED TO ALL HOUSEHOLDS IN THE SHADED AREA OF THE MAP PLUS THOSE HOUSEHOLDS 2,000 FEET FROM THAT AREA. THE MOTION DIED FOR LACK OF A SECOND.

Council Member Ward said he supported holding another public hearing, but did not think it was necessary to send out notices, that advertising and the website should be enough notice.  He asked what public information meetings consisted of.  Mr. Horton said it would be similar to those held for development proposals.  He noted there would be some formal presentations at times intended to allow people to attend early or late and still have the benefit of a presentation. Mr. Horton said it would be very simple and informative with staff present to answer questions, maps and handouts available, index cards for comment, and any other information requested.  He said, if the Council wished, the meetings could be held on more than one day, and would be held from 4:00 p.m.-8:00 p.m.

Mayor Waldorf said it would be similar to the request from some citizens to hold information meetings at the Hargraves School.

Council Member Bateman said, if the goal was to better inform the public, she supported holding the meetings at different times and different places.  She said it would be better to tell the public about the changes to the Comprehensive Plan before the Council voted on it.

Council Member Foy said he favored removing the meeting area from the Council Chambers and holding meetings in the schools, where people were more comfortable and familiar.  He said he did not think there would be a problem with delaying approval until the end of April, in order to have the public better informed.

Council Member Ward said this was the same kind of process used by the Shaping Orange County’s Future, and he favored it as being a way of informing the community.

Council Member Brown said she would support having the public information meetings and having them at several times and places, but she still believed that the citizens should have the opportunity of facing the decision makers in their own chambers and be permitted to address the Council.

Mayor Waldorf said she did not think an extra public hearing would be necessary, after the public information meetings. She said people could still speak on the issue when it was on the Council’s agenda.  Mr. Horton said the staff could staff three or four meetings during the two-week period, if the Council would agree to move the return date back to May 8, 2000.

THE AMENDMENTS TO THE RESOLUTION WOULD READ:

SECOND BULLET: THREE PUBLIC INFORMATION MEETINGS AT PUBLIC FACILITIES OTHER THAN TOWN HALL THE WEEKS OF APRIL 10^TH AND 17^TH …, AND THIRD BULLET: RESUBMITTAL  TO THE COUNCIL ON MAY 8, 2000 …, AND AT THESE PUBLIC INFORMATION MEETINGS CITIZENS WILL BE INFORMED THAT THEYCAN COME BACK TO THE COUNCIL ON MAY 8^TH  AND MAKE COMMENTS ON THE COMPREHENSIVE PLAN.

Council Member Ward asked if notices would still be mailed out.  Mr. Horton said, in this case, mailings would be sent to the list of persons who had specifically asked the staff to send them information on the Comprehensive Plan.

Council Member Brown asked if that list would include anyone asking to be put onto the mailing list.  Mr. Horton said it would.

Council Member Bateman suggested that some of the Council Members attend each of the meetings.

THE AMENDMENTS TO THE MOTION WERE ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CONCERNING ADDITIONAL PUBLIC REVIEW PROCESS FOR THE DRAFT COMPREHENSIVE PLAN (2000-03-27/R-21)

WHEREAS, the Town Council is considering adoption of a new Comprehensive Plan for Chapel Hill; and

WHEREAS, the Town Council has received petitions requesting additional time for public review;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council initiates an additional public review and comment period for considering the draft Comprehensive Plan, as revised March 27, 2000, to consist of the following:

I.                    Placement of copies at Town Hall and Library and on Town web site;

II.                 Three Public Information Meetings at public facilities other than Town Hall the weeks of April 10 and April 17, 2000, with advertising and mailings for this event;

III.               Re-submittal to the Council on May 8, 2000 of Draft Comprehensive Plan of March 27, 2000, with summary of citizen comments; and

IV.              That the public be informed that they may make comments to the Council on May 8, or write or email the Council at any time.

This the 27^th day of March, 2000.

Mayor Waldorf said suggestions from the Council regarding the Comprehensive Plan could still be forwarded to the staff.  Mr. Horton asked that the suggestions be forwarded to the staff prior to April 26^th, or April 28^th as a last-minute suggestion.

Council Member Wiggins asked what the status of the petition regarding the Single-Family Overlay Zone was in the Plan.  Mr. Waldon said the Council had not chosen to initiate a process to amend the Development Ordinance to create the single-family overlay zone.

Council Member Wiggins requested that clarification be written regarding the Council’s position on this issue, and brought back to the Council to ratify. Mr. Horton said the staff could have it for consideration on May 8, 2000.

Council Member Bateman agreed that this was appropriate and the citizens signing the petition should be notified that the Council would discuss the issue on May 8, 2000. 

Council Member Brown said she had some suggestions for changes which she would bring to the Council for discussion on May 8^th and she felt that this section being discussed was one of the areas needing more work.

Mayor Waldorf asked if the Council’s review of the single-family overlay zone had been done at a separate time than the review of the Comprehensive Plan. Mr. Waldon said it was his recollection that there were three petitions brought before the Council at the same time: single-family overlay zone, occupancy regulations, and rental licensing, and it was not on the Council’s table at any of the discussions of the Comprehensive Plan. He thought it was a November meeting.

Mayor Waldorf said she would like the Council to receive copies of that agenda item and the meeting minutes to refresh their memories.

Item 11 – Proposed Process for Consideration of Rental Licensing Issues

Planning Director Roger Waldon reviewed the discussions on the topic of rental licensing. He said February 9, 2000, was the last time the topic had been discussed, when several people, including landlords, homeowners, real estate brokers, and students, spoke on the topic.  Mr. Waldon said one group of people had brought a proposal to the Council, and at the conclusion of this work session, one of the Council Members asked the Manager to bring back to the Council some procedural suggestions, and to provide logistical support to help the group bring a proposal to the Council.  He said the proposal from the work group would be presented this evening, and, in terms of the procedural suggestions, the staff was suggesting that another successful model be used, which was a time-limited work group chaired by some Council members to bring back a report with options for the Council to discuss.

Mr. Horton said there were two key points he wanted to emphasize: (1) it was extremely helpful to have Council members participating in the discussion, because of their expertise in community matters, and in order to make known to the work group the directions in which the Council was heading, and (2) to have a facilitator so the Council members would not have to lead the discussion.

Lee Connor, President of the Graduate and Professional Students Group at the University, and member of the Work Group reported on the meeting the Work Group held at the Chapel Hill Public Library on March 2, 2000.  He said the report was not the unanimous opinion of all in attendance, but that about three-quarters of them were leaning in a positive way in the direction suggested by the questionnaire they had filled out during the meeting.  Mr. Conner said that he and Steve Mills, who represented the Landlords Group as well as other members of the Work Group, would be very willing to participate in the proposed meetings, and would like to bring the ideas from the Work Group to the meetings.  Mr. Connor said that Mr. Mills and the Landlords Group favored starting the meetings in September, as their busiest time was during the summer. He said he, as well as a few students, including the Student Body Vice- President-elect, would be available during the summer.  He said the Work Group meeting consisted of a very wide and diverse group of people from the community.

Council Member Bateman applauded the Work Group for its work.

Council Member Wiggins said that there was concern from one citizen that this option of rental licensing would supplant the single-family overlay zone.  Mr. Connor said there was that sentiment at the meeting, but that he and Mr. Mills were trying to make a policy that could be Town-wide and not just applicable to certain neighborhoods.  He said the specific issues could be separated from the over-all concerns.

Council Member Bateman asked if large apartment complexes had been excluded from the discussion. Mr. Horton said it had been discussed, but no action had been taken. He said the reason managers of large apartment complexes had been included in the proposal for a Work Group was that they might have something of value to bring, and issues peculiar to them, to discuss.

Mayor Waldorf said she had received a number of letters from people volunteering to work in the proposed Work Group.

Council Member Evans asked Mr. Connor if he had a preference for a time for commencing the Work Group.  Mr. Connor said he and a number of students would be in Chapel Hill during the summer and living in the community, since almost all of the dorms would be closed.  He said summer, though, would be a problem for the landlords.

Jim Maney, Chairman of the Independent Rental Owners Council, of which two-thirds of the membership owned less than 20 rental units, said that they supported the efforts of the Council and wished to be included in the Work Group.  He said that one of the things offered to their members was a series of training programs and these were offered to non-members as well.

COUNCIL MEMBER BROWN MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT RESOLUTION 22, WITH THE SECOND OPTION TO BEGIN IN SEPTEMBER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION INITIATING A COMMUNITY DISCUSSION ON RENTAL LICENSING (2000-03-27/R-22)

WHEREAS, the Town Council has indicated its interest in establishing a Rental Licensing requirement for Chapel Hill; and

WHEREAS. this topic would benefit from community discussion of advantages, disadvantages, and alternatives;

NOW; THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to solicit applications for appointment to a Rental Licensing Work Group.

BE IT FURTHER RESOLVED that the Town Manager is directed to bring a proposed charge and timetable for this Work Group to the Town Council on April 24, so that the charge can be adopted and appointments can be made.

BE IT FURTHER RESOLVED that the proposed timetable for discussions by and recommendations from this new Work Group is as follows:

     Work Group begins meeting in September 2000, and is requested to report to the Council in February, 2001.

This the 27^th day of March, 2000.

Item 12 – Report from the Pay As You Throw Advisory Group

Council Member Brown briefly outlined the update of the Pay As You Throw (PAYT) Advisory Group. She said they formed into four subcommittees:

·        Mission Statement Committee

·        Obstacles Committee

·        Outreach Committee

·        Research Committee

Council Member Brown said good progress had been made on the Obstacles Committee and the Outreach Committee, but they had not done as well on the Research Committee, although the Board continued to work on this aspect.  She felt a lot of work had been accomplished in a short amount of time, and the recommendations were to ask the Council to allow the Board to continue its work as outlined in the report.  Council Member Brown asked for Council comments, in particular how it related to decisions made during the budget session about any kind of change in collection.

Council Member Foy suggested that it might be helpful to the staff to know how the Council might proceed with the PAYT program.  He said he knew the Council was going to make a decision this year about collections, and the decision should not preclude certain PAYT options which the Advisory Board might subsequently recommend.  Council Member Foy said the reason the issue was on the agenda was because the Council had asked for a final report before the end of the budget deliberations. He said the Advisory Board was not yet ready to make a final report.

Council Member Brown said a lot of work had been done on the obstacles, but the Outreach program was not completed and this was an important part of the Council’s request. She said she felt that “front yard pickup” and PAYT could work together, and she passed out information regarding trash collection in Seattle to the Council, and said that this kind of system could give the Town some flexibility to meet the various interests of a number of citizens.  Council Member Brown said she would welcome comment from the Council, and what they would like the Board to pursue.

Council Member Foy said when the Council adopted “front yard pickup” collections, some indications should be given to the staff and to the Advisory Board about where it stood with regard to PAYT, despite the fact that there still was not a full report.

Mayor Waldorf said that at the budget work session the Council directed the staff to develop “curb side” collections that would be compatible with PAYT systems, and asked if the Council needed to give more direction than that.

Council Member Foy said the Advisory Board needed to know if it should be working toward a PAYT system.

Council Member Brown agreed and said she would like to have the Advisory Board instructed toward which direction and what information the Council expected it to direct its studies.

Mayor Waldorf asked the Council Members to state what they felt were the critical issues about PAYT they needed to have answered.

Council Member Evans asked what the Advisory Board felt were the obstacles and how the Board would address them.

Council Member Brown said there was a full Obstacle Report included in the memo.

Mayor Waldorf said she was interested in cost comparisons.

Council Member Brown said that was not part of the Board’s charge, but she felt it was critical information.  She asked what kinds of cost information the Council needed to know.

Council Member Bateman said she would like to know if the PAYT system would cost less, or would it create more expenditures for the Town.

Council Member Ward said he wanted a curbside collection that would be receptive to any future kind of PAYT system options.

Council Member Wiggins said she felt the community needed to be educated as to why the Council decided to go with a PAYT system, when it did change.

Public Works Director Bruce Heflin said the staff believed it would be possible to have curbside collections and a PAYT system which were compatible.  He said some would be cost saving and others might cost more money.

Mayor Waldorf asked which of the PAYT systems might be cost saving for the Town.  Mr. Heflin said the systems that had the least administrative overhead would cost the least to administer.

Council Member Wiggins said the Council had talked more about PAYT as a way of reducing waste, not necessarily being the least expensive.

Council Member Brown asked if the Council wished the Advisory Board to look at a system that would provide the flexibility of the Seattle system, or for a “one system fits all.”

Mayor Waldorf said she would prefer a “one system fits all,” because the flexibility system looked like it could increase administrative costs.

Council Member Evans said she believed it would be difficult to find a “one system fits all” for the Town of Chapel Hill.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, THAT THE COUNCIL EXPRESS TO THE ADVISORY GROUP THAT THEY WERE IN FAVOR OF A PAY AS YOU THROW SYSTEM, IF SUCH A SYSTEM CAN BE SHOWN TO OVERCOME THE OBSTACLES THAT HAVE BEEN IDENTIFIED, AND CAN ALSO BE SHOWN TO ADDRESS THE ISSUES OF COSTS TO THE SATISFACTION OF THE COUNCIL.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 13 – Appointments to the Housing and Community

Development Advisory Board

Mayor Waldorf announced appointments to the Housing and Community Development Advisory Board:

·        Sharon Bennett

·        Alice Foust

·        Régina Futrell

·        Michelle Johnson

·        Dorcas Roberson

Item 14 – Petitions

Council Member Bateman presented a petition and a resolution regarding service availability fees paid by the University of North Carolina. She read, “I request that the Council adopt a resolution in support of OWASA in its negotiations with the University regarding the present exemption of the central campus area from availability fees.”

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 23.

Council Member Evans said she did not have the information as to how much the system was sold for, what the cost had been long-term, if it had been sold at real costs, and whether that cost had now been equaled.  She said before adopting the Resolution it would be helpful to have these costs.

Council Member Bateman said as of December 31, 1999, the amount of water and sewer availability fees from which the University had been exempted totaled about $1.9 million, and OWASA paid UNC about $1.6 million for the water utility asset.

Council Member Strom said he felt that OWASA had worked very hard to come up with a solution to a difficult, long-term problem, and the Resolution supported them.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL’S PAYMENT OF SERVICE AVAILABILITY FEES TO THE ORANGE WATER AND SEWER AUTHORITY FOR WATER AND WASTEWATER TREATMENT PLANT CAPACITY AND RELATED INFRASTRUCTURE COSTS ASSOCIATED WITH NEW DEVELOPMENT (2000-03-27/R-23)

WHEREAS, the University of North Carolina at Chapel Hill (the University) and the Towns of Carrboro and Chapel Hill transferred their water and sewer utilities to the Orange Water and Sewer Authority (OWASA) in February, 1977; and

WHEREAS, the transfer of water and sewer responsibilities occurred through Agreements of Sale and Purchase, which require as a fundamental principle that OWASA’s rates be based on costs of service; and

WHEREAS, the Agreements of Sale and Purchase also exempt the University from acreage fees and similar fees (now called service availability fees) for new connections to then-existing mains transferred to OWASA, and the University sold its water and wastewater assets to OWASA at less than market value; and

WHEREAS, the University and OWASA entered into a Memorandum of Agreement in 1996 which defined, with a map, the central campus as the area in which the University is exempt from paying service availability fees; and

WHEREAS, when the University and OWASA developed the 1996 Memorandum of Agreement, the University had expressed an intent that future development would primarily occur on the University’s Horace Williams and Mason Farm tracts and not in the central campus area; and

WHEREAS, the Chapel Hill Town Council supported the 1996 Memorandum of Agreement between the University and OWASA; and

WHEREAS, the University is now planning to concentrate new growth within the central campus area, which was not anticipated to occur when the University and OWASA entered into the 1996 Memorandum of Agreement;

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

1.         Supports the OWASA Board of Directors’ stated position that cost recovery from the University related to growth is consistent with the cost of service principle whereby all customers pay their full and fair share of the cost for the water and sewer service they receive, and the Council stands ready to assist as needed.

2.         Expresses its appreciation to the University for its readiness to discuss ideas for a mutually acceptable solution concerning service availability fees.

3.                  Encourages OWASA and the University to expeditiously seek a fair resolution to this matter.

This the 27^th day of March, 2000.

COUNCIL MEMBER STROM MOVED THAT A REPRESENTATIVE OF OWASA BE INVITED TO THE ASSEMBLY OF GOVERNMENTS MEETING TO EXPLAIN ITS POSITION ON THIS ISSUE.   THE MOTION WAS ADOPTED BY CONSENSUS OF THE COUNCIL.

Item 15 – Reserved for Discussion of Consent Agenda Items if Necessary

Council Member Brown said she had pulled 4h so she could vote against it because she was opposed to the $87,000.

MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, MAYOR PRO TEM PAVÃO, COUNCIL MEMBERS BATEMAN, EVANS, FOY, STROM, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER BROWN VOTING NAY.

A RESOLUTION ADVISING THE TOWN MANAGER TO ASSUME AN ALLOCATION OF HOTEL/MOTEL TAX FUNDS, WITHOUT A SOLICITATION OF APPLICATIONS OF SUCH FUNDS (2000-03-27/R-8)

WHEREAS, as part of the budget process for FY 2000-01, the Council will approve a total amount to be allocated for visitor information services and cultural events; and

WHEREAS, the Council adopted a non-binding resolution in 1995 expressing intent to provide $20,000 per year for ten (10) years for purchase of the ArtsCenter’s building; and

WHEREAS, the Council has followed a policy of allocating 15% of all hotel/motel tax revenues to the Chapel Hill/Orange County Visitors Bureau; and

WHEREAS, the Council allocated $7,000 to the Chapel Hill Public Arts Commission and $10,000 to the North Carolina High School Athletic Association last year; and

WHEREAS, the Council authorized a $5,000 appropriation last year to El Pueblo, Inc.;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council is authorized to determine allocation of hotel/motel tax revenues without initiating an application process.

BE IT FURTHER RESOLVED that the Council advises the Town Manager to assume, for the purposes of planning the Manager’s recommended budget, that the allocation of the hotel/motel tax proceeds should include:

-         $20,000 to the ArtsCenter,

-         $7,000 to the Public Arts Commission,

-         $5,000 to El Pueblo, Inc.,

-         $10,000 to the North Carolina High School Athletic Association, and

-         15% of hotel/motel tax receipts to the Chapel Hill/Orange County Visitors Bureau for FY 2000-01, and that Council specify any other allocation it wishes to be made.

This the 27^th day of March, 2000.

The meeting was adjourned at 9:53 p.m.