SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JUNE 26, 2000, AT 7:00 P.M.

Mayor 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, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Finance Director Jim Baker, Planning Director Roger Waldon, Interim Transportation Director Scott McClellan, Public Works Director Bruce Heflin, Fire Chief Dan Jones, Personnel Director Pat Thomas, Library Director Kathy Thompson, Engineering Director George Small, Transportation Planner David Bonk, and Town Clerk Joyce Smith.

Item 1 - Ceremonies (none)

Item 2 - Public hearings (none)

Item 3 - Petitions by citizens and announcements by Council Members

1.     Evelyn Gordon, representing Bicycle and Pedestrian Advisory Board, to create a liaison with the Community Design Commission.

Ms. Gordon requested approval of a liaison position as soon as possible so that the Advisory Board could have input into the design process.

COUNCIL MEMBER STROM MOVED TO RECEIVE AND REFER THE PETITION, SECONDED BY COUNCIL MEMBER BROWN.

Council Member Evans amended the motion to specify that the liaison be a Town resident.   The amendment was accepted by the mover and seconder.

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

2.     Ms. Gordon, representing Bicycle and Pedestrian Advisory Board, regarding proposed changes to Development Ordinance to incorporate Bicycle and Pedestrian Planning and Design Concerns.

Ms. Gordon noted that the Bicycle and Pedestrian Advisory Board had been mandated by the Town to review the Development Ordinance.  She petitioned the Town Council on behalf of the Board to adopt its proposed changes to the Ordinance as quickly as possible. 

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

3.   Tom Ogle regarding development by AM Properties on Nunn/Jay Street.

Tom Ogle, a Village West community member, pointed out that the community had previously expressed concerns about the AM Properties development.  He gave several examples of assurances that had been given to the community that he said had not been respected, particularly with respect to tree buffers.  Mr. Ogle asked Council members to visit the development and see what had taken place and advise the neighborhood on what recourse it might have.

Council Member Brown moved to receive and refer the petition and requested that the Town Council organize a visit to the neighborhood.  Council Member Strom suggested that the staff return a report before the Council’s July recess.  Town Manager Cal Horton agreed to do so at the July 5th meeting, adding that the staff already had begun addressing some of the issues.

Council Member Foy, noting that the Town has been frustrated in its efforts to help in the past, asked Mr. Horton to include options on what the Town could and could not do.  He said that this would help the neighborhood to understand why the Town Council cannot regulate in this situation.  Mr. Horton agreed, and pointed out that encroachment on private property without permission is easily handled under the law.  He suggested that the property owner initiate legal proceedings against that.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THE PETITION AND TO ARRANGE FOR COUNCIL MEMBERS TO VISIT THE AREA AND TO COME BACK ON JULY 5^TH WITH CLARIFICATION ON WHAT THE TOWN CAN AND CANNOT REGULATE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Announcements by Council Members

Council Member Ward announced that an update on Durham’s corridor study along Highway 54 east of Chapel Hill was given at a recent meeting of the Durham Work Group. He said that he would prepare a petition to have the staff participate in the meetings and would bring a list of meeting dates to the next Council meeting.  

Item 4 - Consent Agenda: Action Items

Regarding 4e, Council Member Foy asked how the paving at Pinehurst would affect traffic calming.  Public Works Director Bruce Heflin explained that traffic calming measures would be superimposed on pavement for the most part, so there would be no problem with paving the street and then coming back to do traffic calming measures.  Mr. Heflin added that Public Works would put a conduit under the road before resurfacing if a drain line was needed for landscaping.

Council Member Brown suggested referring the re-striping of Cameron Avenue to the Bicycle and Pedestrian Advisory Board to see if the third lane in the center could be removed and a striped area for a bike lane added instead.   Mr. Heflin agreed to solicit comments on this from the Engineering Department.  Mr. Horton said that there had been arguments from more than one point of view on the issue and suggested that the Council review the Engineering Department’s report before sending it to the Bicycle and Pedestrian Advisory Board.  Council Member Brown requested that the report first come back to the Council.

Regarding 4b, Council Member Bateman expressed appreciation to the Human Services Advisory Board for its work.  She noted that they had held back their expenditures as the Council had requested even though it had meant turning away some worthwhile agencies.  Other Council Members joined her in expressing thanks.

Mayor Waldorf explained that she had received calls from citizens on 4i, noting that one had been from a man who suggested that the Council write a letter to President Clinton asking him to rescind his veto of the Federal Repository for Nuclear Waste.  Council members supported Mayor Waldorf’s offer to write such a letter to the President on behalf of the Town Council.

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(2000-06-26/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 26^th day of June, 2000.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2000-06-26/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:

Community Design Commission

Dale Dupree Coker

Joanna Carey Smith

Housing and Community Development Advisory Board

Marywinne Sherwood

Personnel Appeals Committee

Joann Pitz

Joanna Carey Smith

This the 26^th day of June, 2000.

A RESOLUTION APPROVING 2000-2001 FUNDING FOR PERFORMANCE AGREEMENTS WITH HUMAN SERVICE AGENCIES AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (2000-06-26/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following appropriations for performance agreements with human service agencies in 2000-2001 to address the community’s human service needs identified by the Human Services Advisory Board:

BE IT FURTHER RESOLVED that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, agreements with the above agencies for services described in the Human Services Advisory Board’s report on June 26, 2000.

This the 26th day of June, 2000.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-06-26/O-1)

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

GENERAL FUND

     Public Works                    8,779,956                107,527                                      8,887,483

     Inspections                           495,759                    2,380                                         498,139

     Engineering                          912,093                    5,500                                         917,593

     Police                               7,803,420                193,500                                      7,996,920

     Fire                                   3,505,557                  14,225                                      3,519,782           

     Library                              1,692,881                       380                                      1,693,261

TRANSPORTATION

FUND                                   6,283,777                    2,519                                      6,286,296

VEHICLE

REPLACEMENT FUND      2,368,200                614,590                                      2,982,790           

DOWNTOWN SERVICE

DISTRICT FUND                      46,500                    3,875                                           50,375

ARTICLE II

REVENUES

GENERAL FUND

     Grants                                  941,102                129,012                                      1,070,114

     Interest on Investments         387,000                    5,500                                         392,500

     Proceeds-Lease Purchase            -0-                189,000                                         189,000

TRANSPORTATION

FUND                                   6,283,777                    2,519                                      6,286,296

VEHICLE

REPLACEMENT FUND      2,368,200                614,590                                      2,982,790

DOWNTOWN SERVICE

DISTRICT FUND                      46,500                    3,875                                           50,375

This the 26^th day of June, 2000.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999” (2000-06-26/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 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   1,785,730                191,866                                      1,977,596

ARTICLE II

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

CAPITAL

IMPROVEMENTS FUND   1,785,730                191,866                                      1,977,596

This the 26th day of June, 2000.

A RESOLUTION ACCEPTING THE BID FOR CONSTRUCTION OF RALEIGH ROAD AND CAMERON AVENUE SIDEWALKS (2000-06-26/R-4)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News and News Observer on April 12, 2000, and the Challenger Newspaper on April 13, 2000 in accordance with General Statute 143-128 for construction of sidewalks on Raleigh Road and Cameron Avenue; and

WHEREAS, the following bids were received and opened on May 10, 2000:

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Mellott Trucking and Supply Company, Inc. in the amount of $273,769.20 for construction of Raleigh Road and Cameron Avenue sidewalks in accordance with the approved plans and specifications.

This the 26^th day of June, 2000.

A RESOLUTION AWARDING A CONTRACT FOR RESURFACING OF STREETS (2000-06-26/R-5)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on April 23, 2000, in accordance with G.S. 143-129 for the resurfacing of streets; and

WHEREAS, the following bids were received, opened and publicly read on May 30, 2000:

                                                  I-2                                         Pavement        

Vendor                                   Asphalt               Milling              Markings          Total

Nello L. Teer                            298,485           39,070             18,405             355,960                      

C. C. Mangum                         362,327           73,289             18,405             454,021

Riley Paving                              299,287           35,985             18,405             353,678

Lee Paving Co.             264,058           41,126             18,405             323,589

Thompson-Arthur                     323,219           53,124             20,069             396,412

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the May 30, 2000, bid of Lee Paving Company as adjusted for street resurfacing in the amount of $323,589, including both alternates, received in response to the Town's request for bids published on April 23, 2000, and opened on May 30, 2000, in accord with G.S. 143-129.

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with Lee Paving Company in the amount of $323,589 and to initiate and sign change orders to the contract, provided that the contracted cost of resurfacing, pavement marking and milling shall remain within the budget.

BE IT FURTHER RESOLVED that this contract may be extended by two years if mutually agreeable to the Town and Lee Paving Company at the same unit prices.

This the 26th day of June, 2000.

AN ORDINANCE AMENDING SECTION 21-27 OF THE CODE OF ORDINANCES REGARDING ON-STREET PARKING (2000-06-26/O-3)

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

Section 1.  Section 21-27 of the Town Code of Ordinances, “No parking as to particular streets.” is hereby amended by inserting the following therein, in appropriate alphabetical order:

Section 2.  This Ordinance shall become effective August 1, 2000.

This is the 26^th day of June, 2000.

AN ORDINANCE AMENDING SECTION 21-27 OF THE CODE OF ORDINANCES REGARDING NO PARKING DURING CERTAIN HOURS (2000-06-26/O-4)

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

Section 1.  Section 21-27.9 of the Town Code, “No parking during certain hours except by residential permit:” is hereby amended by inserting the following therein, in appropriate alphabetical order:

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

This is the 26^th day of June, 2000.

A RESOLUTION AGREEING TO INITIATE A DESIGN COMPETITION FOR THE NORTHEAST ENTRANCEWAY AREA, AND AGREEING TO ALLOCATE $13,000 TO COVER COMPETITION EXPENSES (2000-06-26/R-6)

WHEREAS the Town Council believes it to be in the best interests of the community to articulate expectations and desired outcomes that could result from future development in the U.S. 15-501 corridor on the northeast side of Town; and

WHEREAS a Council Committee has proposed that the Town sponsor a Design Competition for Fall, 2000, with the objective of generating conceptual development plans that could help guide future development in this key corridor; and

WHEREAS the Council has received a proposal from Mr. Peter Batchelor to plan and conduct this competition;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council agrees to sponsor this Design Competition for the Northeast Entranceway as described in a memorandum on this topic dated June 26, 2000.

BE IT FURTHER RESOLVED that the Council agrees to allocate $13,000 from the Town’s 2000-2001 budget to cover expenses related to this event, and that the Council directs the Town Manager to bring a draft budget ordinance to the Council for consideration early in the 2000-2001 fiscal year to allocate these funds.

This the 26^th day of June, 2000.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-06-26/O-5)

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

GENERAL FUND

       Council                              216,768                    2,500                                         219,268

ARTICLE II

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

GENERAL FUND                                                            

            Interest on

               Investments                392,500                    2,500                                         395,000

This the 26^th day of June, 2000.

AN ORDINANCE ESTABLISHING THE 2000–2001 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (2000-06-26/O-6)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statues of North Carolina, the following grant project is hereby established:

SECTION I

The projects authorized are the Community Development projects as approved by the Council on April 24, 2000: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD).  The projects are known more familiarly as the 2000 Entitlement Community Development Block Grant.  The grant activities include renovation of public housing, neighborhood revitalization, site development, and community services to low-income residents, and administration costs for the program.

SECTION II

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

SECTION III

The following revenues are anticipated to be available to complete this project:

            Community Development Block Grant:              $426,000

            Community Development Program Income:                   $  40,000

                                    Total                                                    $466,000

SECTION IV

The following amounts are appropriated for the project:

Rehabilitation of Public Housing:                        $190,000

Meadowmont Affordable Townhomes  $  80,000

Neighborhood Revitalization:                             $  72,600

Community Services:                                        $  47,000

Program Administration:                                    $  76,400

                                    Total                                                    $466,000

SECTION V

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the grant agreement(s) and Federal and State regulations.

SECTION VI

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed with in five days of adoption with the Manager, Finance Director and the Town Clerk. 

This the 26^th day of June, 2000.

Item 5 - Information Items

Council Member Foy removed 5a for discussion.

Item 6 - Actions to Adopt the 2000-2001 Budget

Jill Blackburn read a petition to the Mayor and Town Council asking them to postpone its decision in favor of curbside pickup.  She said that the proposal was not fiscally or environmentally responsible for the Town.  Ms. Blackburn explained that a diverse group of hundreds of people had agreed that the proposal was not appropriate for Chapel Hill.

Arnold Lowie stated that 100% of the savings associated with curbside pickup would come from not having to pay people to collect trash.  Remarking that a trash collector’s job was “not slavery,” he suggested instituting a Pay-As-You-Throw system in back yards and an increase in collectors’ benefits.  Mr. Lowie stressed that he, too, was concerned about civil rights and mentioned several civil rights leaders whom he said had tried to better the jobs of trash collectors rather than eliminate those jobs.

Cynthia Wise pointed out that she and other Chapel Hill residents had not understood that the Town Council’s June 5^th vote in favor of the curbside collection had been a “straw vote.”  Asserting that the majority of people in Town were against such a system, Ms. Wise urged Council members to make their vote reflect the will of the Chapel Hill people, including trash collectors whom she said told her they were content with their jobs.

Bill Klapp noted that the level of public services in Chapel Hill comes with a high tax rate.  He pointed out that the Town Council usually is not questioned about its decisions.  But curbside pickup, Mr. Klapp said, was “a plan without a constituency” that had met with more opposition than any other agenda item this year.  He argued that the plan would be “an aesthetic disaster” for the Town and pointed out that it had been rejected in one form or another for about nineteen years.   Mr. Klapp stated that a similar plan in Charlotte had failed and had been dismantled.  He stated that adoption of curbside pickup would be a breach of trust by the Town Council and, if adopted, would lead to future scrutiny of how the Town’s budget dollars were spent.

Reverend Jill Edens, noting that the Town had been grappling with the trash collection issue for at least ten years, urged Council members to stay with curbside pickup as the most efficient use of the Town’s resources and personnel.

Betty Maultsby, who said she had served on every committee concerned with solid waste over the last decade, spoke in favor of curbside collection.  She remarked that she had not seen any of the speakers who oppose curbside at any of the meetings where they would have heard the staff’s and the consultants’ arguments on what would be a more efficient management of resources. 

Ms. Maultsby noted that the Town was still throwing away 50% of what is recyclable.  She noted that the previous speakers had claimed they were concerned about civil rights but had not been at any of the meetings supporting people who had landfills in their neighborhoods.  She added that the previous speakers also had not supported Town workers during discussions about their jobs, benefits, and wages.

Aaron Nelson spoke on behalf of the University in opposition to the development fee increases in the 2000-2001 budget.  Mr. Nelson pointed out that the University will grow substantially over the next several decades and pointed out that it would be difficult to pay such a high community development fee.  He noted that the current fee of $5,000 for a 5,000 square foot building would rise by 501% to $25,000 under the new proposal.  He said that the expense of modifying a building to add a 10,000 square foot addition would rise from $1,300 to $10,400, constituting a 792% increase.  Mr. Nelson asked that the University be placed in the private, non-profit, tax-exempt category if the project proceeds so that it would be required to pay only half of the fee amount.

Ann Stoddard, chair of the Government Relations Committee of the Chapel Hill Chamber of Commerce, expressed disappointment over the proposal to increase Special Use Permit fees.  She said that it would constitute a denial to many businesses of participation in the public process.

Kimberly Kyser, a member of the Historic District Commission speaking as a citizen of an historic district, asked Council members who had voted in favor of curbside collection to reconsider their vote.  Ms. Kyser argued that curbside collection was inappropriate in the historic districts and in the downtown area of Chapel Hill because many people do not have curbs, many are of diverse ages, some are not known for housekeeping, some are senior citizens who would be exempted, and the terrain in the historic districts is irregular.  She asked the Council to reconsider how deeply some of them had underestimated the opposition to the issue.  Ms. Kyser asked Council members to consider the environmental impact and the political consequences of their votes.

Mayor Waldorf suggested that the Town Council act on the other resolutions before discussing item 6a.  She commented that she, the Council, and the staff had been working hard on the budget since January, trying to reduce the tax increase and respond to comments from citizens and advisory boards.  Mayor Waldorf noted that there were programs and achievements in the 2000-2001 budget that had not received much attention.  She then listed some of them:

• The Capital Improvements budget was the largest it had been in years and included renovations at the Community Center, the AD Clark pool, and the Hargraves Center.  This year’s program begins work on a 15-year capital improvement program and a Town assessment of buildings.

• The budget includes $100,000 for sidewalks and bikeways and $93,000 for greenways.  Streetscape would advance in two different locations this summer.

• The Town would purchase infrared rescue or thermal imaging cameras for the Fire Department.

• The budget would provide debt service payments on the second of three issuances and the full year operating cost of a new Homestead Park, new firefighter positions, and a completed revision of the Pay Plan.

• Mayor Waldorf noted that the Council was divided on curbside garbage collection.  She stated that those who supported it thought that the long-term economic savings and improved working conditions for the sanitation collectors, and the related reduction in turnover and absenteeism in those positions would justify it. She added that going curbside might also encourage citizens to recycle more than they do.

• It is likely that the Town would add bus service, paid for by State funds for which the Council had lobbied for many years.

Mayor Waldorf pointed out that the Town had been able to do all of this with only a one-and-a-half percent tax increase.  She congratulated the Town Council and staff for developing a budget that would give the Town much for a modest increase.  She thanked the staff for working diligently and for reducing its own budgets and the Town Council for its cooperative spirit.

6a.  Resolution Providing Authorization to Proceed with Transit Service Expansion

Mr. Horton outlined the resolution that would be contingent upon approval and funding from the North Carolina Department of Transportation.  He said that representatives from Chapel Hill, Carrboro and the University of North Carolina had reached consensus to support the following:

1.  Provide full service weekday “daytime” service year round.

2.  Operate evening service, during traditional “reduced” service periods, until 9 p.m.

3.  Extend service on the U and R/U routes until 8 p.m., year-round.

4.  Add a total of 9,330 annual hours of service at a cost of $419,850.

Mr. Horton noted that this is contingent upon the NC General Assembly adopting a budget for fiscal year 2000-01 that includes funding the NC DOT’s Urban State Maintenance Assistant program for Public Transportation at the same level as 1999-00. He said that adoption of the resolution would allow the Town to act under the assumption General Assembly approval.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-7.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PROCEED WITH TRANSIT SERVICE EXPANSION PLANS CONTINGENT UPON FUNDING FROM THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (2000-06-26/R-7)

WHEREAS, the Chapel Hill Town Council met with the Carrboro Board of Aldermen and a representative from the University of North Carolina at Chapel Hill on April 26, 2000 to discuss transit service expansion plans; and

WHEREAS, staff from Chapel Hill, Carrboro, and the University of North Carolina have evaluated various transit service expansion options and recommended Option 1A, which would:

1. Provide full service weekday “daytime” service year round,
2. During traditional “reduced” service periods, evening services would end at 8 p.m.,
3. At the request of the University, we would plan to extend service on the U and R/U until 8 p.m., year-round,
4. Add a total of 9,330 annual hours of service at a cost $419,850; and

WHEREAS, authorized representatives from each jurisdiction have expressed their desire to implement this transit service expansion option during fiscal year 2000-01; and

WHEREAS, under our agreement with Carrboro and the University of North Carolina, Chapel Hill’s share for this service expansion cost would be $166,841;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Chapel Hill Town Manager is authorized to proceed with implementing Transit Service Option 1A, contingent upon the North Carolina General Assembly adopting a budget for fiscal year 2000-01 that includes funding for the North Carolina Department of Transportation’s Urban State Maintenance Assistance program for Public Transportation, the same level as in fiscal year 1999-00, with the expectation that this level of State funding would provide sufficient funds to offset the cost of the service expansion.

This the 26^th day of June, 2000. 

6b.  Resolution authorizing contracts with the University and the Town of Carrboro for provision of public transportation services.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-8.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS WITH THE UNIVERSITY OF NORTH CAROLINA, AND THE TOWN OF CARRBORO IN 2000-01 (2000-06-26/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Town Manager to execute on behalf of the Town, and in accord with adopted Memoranda of Understanding for transit services, contracts with the University of North Carolina and the Town of Carrboro for the Town to provide them public transportation services, provided said contracts shall not increase the cost of the Town of Chapel Hill transit services above the Town’s budgeted amounts and are substantially in accord with the adopted budget of the Town of Chapel Hill.

This the 26th day of June, 2000.

6c.  Project ordinance for 2000-2001 Transportation Planning Grant.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT O-7.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)

AN ORDINANCE TO ADOPT A GRANT PROJECT ORDINANCE FOR A TRANSIT PROJECT (2000-06-26/O-7)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

SECTION I

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

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreement executed with the Federal Transit Administration, the North Carolina Department of Transportation, and the City of Durham and within the funds appropriated herein.

SECTION III

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

City of Durham (FTA & NCDOT)                   $38,628

Town of Chapel Hill (local match)                         4,292

                                                                        $42,920

SECTION IV

The following amounts are appropriated for the project:

Salaries - Full Time                               $20,075

Salaries - Contract                                    9,000

Fringe Benefits                              5,020

FICA                                                       2,825

Travel                                                       2,000

Equipment                                                2,500

Supplies                                                   1,500

                                                                                                $42,920                                  

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report.  He shall also keep the Council informed of any unusual occurrences.

SECTION VI

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

This the 26th day of June, 2000.

6d.  Resolution approving user fee schedules and policies, and facility use policies for various services and facilities.

Mr. Horton pointed out that R-9 included changes authorized by the Council regarding planning fees as well as reduced fees for non-profit, tax-exempt developers to one-half the normal level.

COUNCIL MEMBER STROM MOVED R-9.  COUNCIL MEMBER WIGGINS SECONDED THE MOTION.

Council Member Evans said that she could not support the motion because the Council had recently increased transit funding without any opposition from the public and was now raising fees for people who want to make development changes.  She said that the resolution was unfair, that there would be unintended consequences, that the projected revenue would not come close to what was expected, and that the present costs reflect demands for the betterment of the community.

Mayor pro tem Pavão agreed, adding that he had once thought the proposed fees were fair but had changed his thinking.

Both Council Members Evans and Pavão said they opposed only the development fee increase, not the entire resolution.  Mr. Horton suggested that the Council separate those issues by a resolution.  Town Attorney Ralph Karpinos explained that the Council could vote on R-9 with the removal of the development fees and then vote on the development fees as a separate issue. 

Mayor Waldorf pointed out that the motion had been made and seconded.  She suggested that someone make a substitute motion.  She also said that she had some of the same reservations about the fees but was willing to vote for R-9 because she had not pursued those reservations early in the process.  She added that she would look at the fee issue again very hard next year.

Council Member Evans pointed out that she had raised reservations throughout the process, and Mayor Waldorf acknowledged that this was true.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REMOVED DEVELOPMENT FEE INCREASES FROM R-9.  THE MOTION FAILED (3-6) WITH COUNCIL MEMBERS WARD, EVANS AND PAVÃO VOTING YES. 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT R-9.  THE MOTION WAS ADOPTED (7-2), WITH COUNCIL MEMBERS EVANS AND PAVÃO VOTING NAY.

A RESOLUTION ADOPTING USER FEE POLICIES AND SCHEDULES FOR VARIOUS TOWN DEPARTMENTS (2000-06-26/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts, effective July 1, 2000, the attached user fee policies and schedules as submitted by the Town Manager on June 26, 2000:

Administration - Town Council Agenda Packet Fees

Engineering -

            Inspections Fee Policy

            Municipal Cemetery Fees

Fire Department Permit Fee Policy

Inspections Department - Statement of Justification

            Building Permit Fees

            Electrical Permit Fees

            Mechanical and Plumbing Fee Schedules

Library -Schedule of Fines and Fees

Parks and Recreation -

            User Fee Policy

            Request for Fee Reduction Application

Planning - Development Review Fees

Police - Fee Policy

Public Works -

            Field Operations Street Cut Policy

            Sanitation Services Policy and Disposal Fees

Transportation -

General Users Fee Policy

                        Bus Card Advertising Rates

                        Bus Pass and Ticket Price Schedule - “A” Pass

                        Bus Pass and Ticket Price Schedule - “L” Pass

                        Charter Rates

                        Monthly Rental Parking Rates

                        Municipal Parking Lot Rates

                        Transit Fare Schedule

                        User Fee Refund and Waiver Policy

This the 26^th day of June, 2000.

6e.  Ordinance levying a gross receipt tax on rental cars.

Mr. Horton explained that the General Assembly had modified the law and that the Town needed to do so accordingly.

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

AN ORDINANCE LEVYING A TAX ON GROSS RECEIPTS DERIVED FROM RETAIL SHORT-TERM LEASE OR RENTAL OF VEHICLESⁱ (2000-06-26/O-8)

WHEREAS, the North Carolina General Assembly has ratified Senate Bill 1076, which has been designated as Session Law 2000-2 [the “Act”] and made effective for taxable years beginning on or after July 1, 2000; and,

WHEREAS, the Act repealed the property tax on certain vehicles leased or rented under retail short-term leases or rentals and authorized municipalities to replace the lost tax revenue through enactment of a local tax on gross receipts derived from retail short-term leases or rentals.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill, North Carolina that:

            Section 1.  Definitions.  In addition to the common meanings of words, the following definitions shall be applicable herein:

            (a)  “Customer” shall mean any person that leases or rents a vehicle on a short-term lease or rental basis.

            (b)  “General Statutes” shall refer to the North Carolina General Statutes and any reference to a particular section thereof shall include the same as may be from time to time amended, modified, supplemented, revised or superseded.

            (c)  “Gross receipts” shall mean the amount that is or would be reported as gross receipts on a business’s State income tax return, or on the federal income tax return filed with the state income tax return if the state return does not separately state gross receipts for the most recently completed tax year.  Taxes collected hereunder are not subject to the tax herein imposed and are not included in gross receipts.

            (d)  “Lease or rental” shall mean a transfer, for consideration, of the use but not the ownership of property to another for a period of time.  [G.S. § 105-164.3(7a)]

            (e)  “Long-term lease or rental” shall mean a lease or rental made under a written agreement to lease or rent property to the same person for a period of at least three hundred sixty-five (365) continuous days.  [G.S. § 105-187.1(3)]

            (f)  “Person” shall mean any individual, trustee, executor, other fiduciary, corporation, unincorporated association, partnership, sole proprietorship, company, firm, or other legal entity.

            (g)  “Short-term lease or rental” shall mean any lease or rental of a vehicle that is not a long-term lease or rental.  [G.S. § 160A-215.1(e)(2) and G.S. § 105-187.1(4)]

            (h)  “Tax Collector” shall refer to that individual appointed by the governing body pursuant to (G.S. § 105-349)(the provisions of the municipal charter), to collect taxes on behalf of the (City)(Town)(Village) and any other person authorized to carry out the duties and functions of such individual.

            (i)  “Taxpayer” means any person liable for the taxes imposed by this Ordinance.

            (j)  “Vehicle” shall mean any of the following:

                        (i)  a motor vehicle of the private passenger type, including a passenger van, minivan, or sport utility vehicle.

                        (ii)  a motor vehicle of the cargo type, including a cargo van, pickup truck, or truck with a gross vehicle weight of 26,000 pounds or less used predominantly in the transportation of property for other than commercial freight, and that does not require the operator to possess a commercial drivers license.

                        (iii)  a trailer or semitrailer with a gross vehicle weight of 6,000 pounds or less.  [G.S. 160A-215.1(e)(1)]

            Section 2.  Levy of Tax.  A tax is hereby imposed and levied in an amount equal to one and one-half percent (1.5%)[i] of the gross receipts derived from the short-term lease or rental of vehicles at retail to the general public.  This tax on gross receipts is in addition to the privilege taxes authorized by G.S. § 160A-211.

            Section 3.  Collection of the Tax.  Every person engaged in the business of the short-term lease or rental of vehicles at retail to the general public shall collect at the time of the lease or rental the tax herein levied, place the tax so collected in a segregated account, and thereafter remit such tax to the Tax Collector in accordance with the provisions of this Ordinance.  The taxpayer shall include a provision in each retail short-term lease or rental agreement stating that the percentage amount enacted by this Ordinance of the total lease or rental price, excluding sales tax, is being charged as a tax on gross receipts.  The amount of the tax shall be stated separately from the lease or rental and shown separately on the taxpayer’s records.  The tax shall be paid by the customer to the taxpayer as trustee for and on account of the (City)(Town)(Village).  The taxpayer shall be liable for the collection thereof and for its payment to the Tax Collector and the taxpayer’s failure to charge or to collect said tax from the customer shall not affect such liability.

            Section 4.  Report and Payment of Tax.  Taxes levied under this Ordinance are due and payable when a return is required to be filed.  Every taxpayer shall, within the time specified, submit a return to the Tax Collector on the form prescribed by the Tax Collector.  A return must be signed by the taxpayer or the taxpayer’s agent.  Returns of taxpayers are due to the Tax Collector each month on or before the fifteenth (15^th) day of the month following the month in which the tax accrues.  As provided in G.S. § 160A-208.1, a return shall not be considered a public record and information contained in a return may be disclosed only in accordance therewith.

            Section 5.  Taxpayer to Keep Records.  The taxpayer shall keep and preserve suitable records of the gross receipts received by such taxpayer in the conduct of business and such other books or accounts as may be necessary to determine the amount of the tax for which such taxpayer is liable under the provisions of this Ordinance.  It shall be the duty of the taxpayer to keep and preserve for a period of three years all such records of gross receipts and other books and accounts described.  All records, books and accounts herein described shall be open for examination at all reasonable hours during the day by the Tax Collector or his duly authorized agent.

            Section 6.  Tax Collector to Provide Forms.  The Tax Collector shall design, prepare, print and make available to all taxpayers operating within the municipal boundaries of the (City)(Town)(Village) forms and instructions for filing returns to insure a full collection of and an accounting for taxes due.  The failure of any taxpayer to obtain or receive forms shall not relieve such taxpayer from the payment of the tax at the time and in the manner provided.

            Section 7.  Situs.  The transaction giving rise to the tax herein levied shall be deemed to have occurred at the location of the entity from which the customer takes delivery of the vehicle.  [G.S. § 160A-215.1(b)]

            Section 8.  Penalties and Remedies.  The provisions with respect to remedies and penalties applicable to Subchapter VIII (Local Government Sales and Use Tax) of Chapter 105 of the General Statutes, as contained in Article 5 and Article 9, Subchapter 1, Chapter 105 thereof, shall be applicable in like manner to the tax authorized to be levied and collected under this Ordinance, to the extent that the same are not inconsistent with the provisions hereof.  The governing body of the (City)(Town)(Village) may exercise any power the Secretary of Revenue may exercise in collecting sales and use taxes.  [G.S. § 160A-215.1(f)]

            Section 9.  Administration.  In addition to the provisions herein, the levy and collection of the taxes herein imposed shall be otherwise administered in the same manner as the Sales and Use Tax as provided in Article 5, Subchapter 1, Chapter 105 of the General Statutes.  [G.S. § 160A-215.1(d)]

            Section 10.  Severability.  If any section, clause, or provision of this Ordinance shall be found to be invalid, the validity of the remaining sections, clauses or provisions shall not be affected thereby.

Section 11.  Authority.  This Ordinance is enacted pursuant to the provisions of G.S. § 160A-215.1.

Section 12.  Effective Date.  This Ordinance and the taxes thereby levied and imposed shall become effective July 1, 2000.

This the 26^th day of June, 2000.

____________

[1]               The Act provides that the gross receipts tax levied by a municipality may not exceed one and one-half percent (1.5%).

6f.  Resolution adopting the 2000-2005 Capital Improvements Program.

Mr. Horton noted that the new funding, totaling $811,000, would allow the Town to provide installment financing for various key projects.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT R-10.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE 2000-2005 CAPITAL IMPROVEMENTS PROGRAM (2000-06-26/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Manager’s Recommended 2000-2005 Capital Improvements Program as described in the memorandum dated June 26, 2000 with the following projects to be included in the Operating Budget ordinance for 2000-2001 from the capital improvements fund:

This the 26^th day of June, 2000.

6g.  Ordinance establishing a position classification and pay plan effective July 1, 2000. 

6h. Ordinance establishing a position classification and pay plan effective October 20, 2000.

Mr. Horton explained that the first element of these ordinances would establish the position table and classification system as of July 1st and would put into effect the decisions the Council had made.  He said that the second would put the new pay plan into effect on October 20th, one pay period later than had originally been scheduled, in order to reduce the pay increase by one-fourth percent.  Mr. Horton expressed his and the Town employees’ appreciation to the Town Council for its efforts to grapple with the pay issue and for their support of the pay plan.     

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

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT O-10.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

6i.   Ordinance adopting the 2000-2001 operating budget (O-11).

Council Member Foy agreed with Mayor Waldorf that the Council had worked hard on the budget.  He said that he could not support it, though, with the inclusion of curbside collection.  Council Member Foy said that there must be more alternatives for the Town to consider, noting that even the Postal Service manages to serve different parts of the community in different ways. He then moved the following resolution which he said he cosponsored with Council Members Brown, Pavao and Evans.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, THE FOLLOWING RESOLUTION:

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PROCEED WITH DEVELOPMENT OF A FLEXIBLE WASTE COLLECTION SYSTEM AND DELETING BUDGET AUTHORIZATION FOR CURBSIDE CARTS.

Whereas, the current system of solid waste collection in chapel hill would benefit from modification, and

Whereas, among the necessary modifications is improved working conditions for sanitation collectors, and

Whereas, individual neighborhoods in town have differing topography and other characteristics that make curbside collection problematic, and

Whereas. the proposed curbside collection system fails to address valid citizen concerns and constitutes a reduction in services to taxpayers,

Now. Therefore, Be It Resolved by the Town Council of Chapel Hill that the Town Manager is authorized to proceed with developing a flexible collection system that may include curbside, side yard, and other collection points, but will incorporate pay-as-you-throw.

Further Resolved that the Town Manager shall incorporate with any proposed collection modification, and shall return to the Town Council with recommendations for improving the working conditions of sanitation collectors.

Further Resolved that the Town Manager is not authorized to proceed with the purchase or lease of  roll-out carts for collection at this time.

THE MOTION FAILED (4-5), WITH COUNCIL MEMBERS EVANS, FOY, PAVÃO AND BROWN VOTING YES.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT O-11.  THE MOTION WAS ADOPTED (5-4) WITH COUNCIL MEMBERS EVANS, FOY, PAVÃO, AND BROWN VOTING NAY.

AN ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-06-26/O-11)

BE IT ORDAINED by the Council of the Town of Chapel Hill, the following appropriations are hereby made:

                                                                     ARTICLE I

GENERAL FUND

Department                                                                                Department Total

Mayor/Council                                                                                    184,339

Town Manager                                                                                    858,907

Personnel                                                                                            508,154

Finance                                                                                            1,115,972

Legal                                                                                                   202,629

Planning                                                                                               910,873

Inspections                                                                                          547,412

Engineering                                                                                          894,021

Public Works                                                                                   9,094,384

Police                                                                                               7,781,188

Fire                                                                                                  3,830,854

Parks and Recreation                                                                        1,894,349

Library                                                                                             1,736,241

Non-Departmental                                                                            3,675,677

            GENERAL FUND TOTAL                                                         33,235,000

OTHER FUNDS

Transportation Fund                                                                         6,943,580

Transportation Capital Reserve Fund                                                   165,482

Debt Service Fund                                                                            2,539,000

Vehicle Replacement Fund                                                                2,529,590

Computer Replacement Fund                                                               250,000

Public Housing Fund                                                                         1,403,385

Housing Loan Trust Fund                                                                     205,406

On-Street Parking Fund                                                                       611,000

Off-Street Parking Facilities Fund                                                     1,048,000

Cablevision Public Access Fund                                                             80,000

Library Gift Fund                                                                                   36,000

Capital Improvements Fund                                                              1,216,500

Capital Reserve Fund                                                                          350,000

Downtown Service District Fund                                                            46,000

     TOTAL ALL FUNDS                                                             50,658,943

ARTICLE II

It is estimated that the following revenues will be available during the fiscal year beginning July 1, 2000 and ending June 30, 2001 to meet the foregoing appropriations.  It is determined that where estimated revenues are higher than the previous year, the increases were warranted.

GENERAL FUND

General Fund                Property Taxes                                           16,056,600

Other Taxes & Licenses                                  868,000

State-Shared Revenues                               10,904,000

Grants                                                             463,000

Charges for Services                                        998,900

Licenses/Permits/Fines                                  1,409,000

Interest on Investments                                    602,000

Other Revenues                                               248,500

Transfers/Other Sources                                  885,000

Fund Balance Appropriated                             800,000

            General Fund Total                                                                                  33,235,000

OTHER FUNDS

Transportation Fund                                                                         6,943,580

Transportation Capital Reserve Fund                                                   165,482

Debt Service Fund                                                                            2,539,000

Vehicle Replacement Fund                                                                2,529,590

Computer Replacement Fund                                                               250,000

Public Housing Fund                                                                         1,403,385

Housing Loan Trust Fund                                                                     205,406

On-Street Parking Fund                                                                       611,000

Off-Street Parking Facilities Fund                                                     1,048,000

Cablevision Public Access Fund                                                             80,000

Library Gift Fund                                                                                   36,000

Capital Improvements Fund                                                              1,216,500

Capital Reserve Fund                                                                          350,000

Downtown Service District Fund                                                            46,000

     TOTAL ALL FUNDS                                                             50,658,943

ARTICLE III

There is hereby levied the following tax on each one hundred dollars ($100) valuation of taxable property, located within the Town of Chapel Hill, as listed for taxes as of January 1, 2000 for the purpose of raising revenue from property tax as set forth in the foregoing estimates of revenues, and in order to finance the foregoing appropriations.

General Fund

(for the payment of expenses of

the Town of Chapel Hill)                                                                                               $0.535/100

Transportation Fund

(for the payment of expenses related to

transportation approved by referendum)                                                                      $0.043/$100

TOTAL                                                                                                                         $0.578/$100

                                                                    ARTICLE IV

There is hereby levied the following tax on each one hundred dollars ($100) valuation of taxable property located in the Downtown Revitalization Municipal Service District established by the Town Council's resolution of June 12, 1989:

Downtown Service District Fund                                                                                    $0.062/$100

This the 26th day of June, 2000.

Item 7 - Report on reducing impervious surfaces from Professor Phil Berke

Professor Berke reviewed a study presently being conducted at UNC regarding the water quality impact of run-off.  The study showed, he said, that having above 24% impervious surface meant a dramatic increase in negative impact.  Professor Berke stated that the majority of the 18 watersheds in Chapel Hill were at the 11-24% range.  He explained that nearly all of the Town would be at the high level with the proposed zoning ordinance build-out.

Professor Berke added that two-thirds of the watersheds in Town were estimated to increase by at least one category.  He noted that some inside the community were estimated to be at the highest level of potential degradation and others on the periphery would jump up in the categories.  Professor Berke suggested that the Town think about ways to protect the watersheds because many partially developed watersheds in the 11-24% impervious category would trip over into the greater than 24% category.

Council Member Evans suggested that one alternative would be to grow upward.   She noted that Professor Berke had not suggested solutions.  Professor Berke indicated the page of 24 suggestions in his handout and said that he had been told to keep his presentation short.  Professor Berke suggested stepping back and establishing a process for protecting the environment rather than using a piecemeal approach. 

Council Member Foy, noting how similar the Community Design Board’s recommendations were to Professor Berke’s, said that he was glad to see two sets of recommendations headed in the same direction. 

Council Member Bateman suggested referring Professor Berke’s recommendations to the staff.  Mr. Horton recommended also referring them to the consultant whom the Town ultimately selects to redraft the ordinance.

Council Member Strom suggested making that an amendment to R-11.

Council Member Brown wondered if it would be possible to use some of the recommendations before revising the Development Ordinance.  Professor Berke said that making changes to roads and parking lots would help.  Mayor Waldorf and Attorney Karpinos pointed out that doing so would mean changing the Development Ordinance.

Council Member Foy suggested informing the consultant that the Council was in favor of the recommendations and getting that into the rewrite.  Mr. Horton said that the committee selecting the consultant had reduced the number of candidates to three and planned to recommend a consultant to the Council at the July 5th meeting.  Planning Director Roger Waldon added that the Council’s adopted schedule would have them approving a contract at their first meeting in August.  He stated that work would begin in September and the goal was to have the new ordinance drafted in six months. 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-11, AS AMENDED, TO INCLUDE A CLAUSE REFERENCING DR. BERKE’S REPORT AS SOMETHING THE COUNCIL SPECIFICALLY WANTS INVESTIGATED AS THE ORDINANCE IS REWRITTEN.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THAT THE concept of impervious surface LIMITATIONS be incorporated in the revisions to the Development Ordinance (2000-06-26/R-11)

WHEREAS, the Chapel Hill Town Council has expressed concern about increases in impervious surface in the Town; and

WHEREAS, the Town Council has indicated a desire to consider changes that would reduce impervious surfaces as development occurs in the Town; and

WHEREAS, the Town Council recently adopted a new Comprehensive Plan that encourages conservation development provisions including provisions that would limit impervious surfaces; and

WHEREAS, the Town Council has initiated a process to revise the Development Ordinance as a recommended implementation step from the Comprehensive Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs that the concept of impervious surface limitations be incorporated in the revisions to the Development Ordinance.

BE IT FURTHER RESOLVED that Professor Phil Berke’s report to the Council of June 26, 2000, specifically be investigated as the Ordinance is rewritten.

This the 26th day of June, 2000.

Item 8 - Presentation on Low-Impact Design

Council Member Strom introduced low-impact design planner Kimberley Brewer.

Ms. Brewer explained that large volumes of stormwater leaving Chapel Hill from single sites create a rush of volume in the streams which leads to excessive erosion and sedimentation.   

Ms. Brewer said that low-impact development design was one of many tools that can be used to reduce impervious surfaces.  She showed slides of a project being developed in Greensboro which has narrow streets, short driveways, little or no curbs and gutters, few sidewalks, rain gardens (bio-retention cells), and an undisturbed stream buffer area.

Ms. Brewer outlined the five principles of low-impact development:

·        Using hydrology as an integrating framework for site design.

·        Thinking micro management of stormwater.

·        Controlling stormwater at source.

·        Using simple, nonstructural methods.

·        Preserving (and creating) a multifunctional landscape.

Ms. Brewer showed slides of a conventionally designed office park in Maryland and compared it to a redesigned low-impact plan for the same site.  She explained that the redesigned project reduces the phosphorous load going off the site by about 50% and increases the infiltration of rainwater by more than 40%.

Ms. Brewer highlighted some of the differences between low impact and conventional design.  She stated that significant reductions in impervious cover, stormwater runoff, phosphorous output, and development costs could be achieved.  Ms. Brewer described it as a promising approach and one of the alternatives to traditional ponds.

Council Member Strom asked Ms. Brewer if this philosophy was an engineering-driven philosophy, ordinance-driven, or both.  She replied that a Town would need to ensure that its ordinance allows and even encourages this approach.  In the sense that most local ordinances do not allow it, she said, the approach is ordinance-driven.  But, she pointed out, low-impact design combines landscape, architecture and engineering, and requires a multi-discipline staff that works well together and with the developer.  Ms. Brewer concluded that low-impact design was ordinance-driven but not a rigid approach.

Council Member Bateman listed some of the objections that developers often give to reducing the number of parking spaces and asked Ms. Brewer to comment on that.  She also asked about the marketability of neighborhoods that have no curb and gutter and narrower sidewalks and streets.  Council Member Brown further asked Ms. Brewer about the appropriateness of soil in the Piedmont, which some had said would not lend itself to this approach.

Ms. Brewer noted that Chapel Hill has the benefit of others having learned from their mistakes.  She said that conditioned soil, mulch, and plantings can be placed in the rain gardens.  She explained that under-drains can be added which lead a bed with poor soil to another which is more suitable.  Ms. Brewer commented that there is a high demand for this kind of housing and that reduced paving, curb and gutter, and sidewalk costs can lead to lower cost housing.  She added that NC State would be publishing a study showing that rain gardens are the most cost-effective, best management practice of the options. 

Council Member Foy inquired about retrofitting, and Ms. Brewer replied that retrofitting would be an option.  She showed a slide of a parking lot in Prince George’s County where retrofitting had been done, and noted that there were opportunities for retrofitting but not as an ultimate solution.    

COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO REFER MS. BREWER’S REPORT TO THE DEVELOPMENT ORDINANCE CONSULTANT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Ward pointed out that he had mentioned these ideas during past Council discussions.  He commented that low-impact design would be an important part of UNC’s Master Plan and that it had been an important part of its planning process.  Council Member Ward added that the staff had been talking with at least one firm (Cahill) which had been doing such work successfully for more than 20 years.

Item 9 - Follow-up Report on Chapel Hill Museum Funding Petition

Mr. Horton, commenting on the reason for the Museum’s request, noted that the condensing unit at the Museum would have to be replaced, at a maximum cost of $17-20,000.  He said that the Museum’s board had indicated that they could not come up with enough cash to make that repair.  Mr. Horton recommended that the Council authorize the staff to proceed with the repair and with working out an arrangement that would charge the Museum on an annual basis the amortized value of the repair.

Mr. Horton also recommended that the Council instruct the staff to include an early review of the Museum building in the long-term capital needs study so that they could discuss the engineering options for the long-term capital maintenance needs of that building in the fall.  Mr. Horton added that the Museum had contracted to improve its landscaping and the board had indicated they could pay for the normal interior maintenance of the building.  He noted that one valid public policy approach would be to terminate the Museums’ lease for violating the terms of their contract.  Mr. Horton pointed out that there were many options that would fall between termination and the approach the staff was recommending.

Museum Board Chair Nancy Preston thanked Council members for the attention they had given the situation.  She stated that the Museum was comfortable with the Manager’s recommendation, although they would prefer that the Town just pay the cost.  Ms. Preston pledged on behalf of the Board to continue to be good stewards of the building.  She added that they had spent about $10,000 to keep the deteriorating air conditioning system going. 

Council Member Wiggins remarked that the responsibility for maintaining the air conditioning belongs to the Town because a building without it deteriorates rapidly in the South.  Council Member Wiggins added that she had been leaning toward relieving the Museum of all financial responsibility for the system.  

Council Member Evans stated that “a lease agreement is a lease agreement.”  She pointed out that the Board had agreed to be responsible for costs.  Council Member Evans noted that she was not opposed to the amortization plan.  She ascertained from the Manager that amortization would be over 15 years, and pointed out that that was a flexible schedule.

Mayor pro tem Pavão agreed with Council Member Evans, but noted that the Museum had been given a building without a sound air conditioning system and had paid $10,000 to keep it functioning.

Council Member Brown ascertained from Mr. Horton that Mayor pro tem Pavão’s proposed amendment would mean using the last portion of the unallocated interest from the Capital Reserve Fund.

Council Member Wiggins asked how much would have to be amortized and paid back if the Council approved the amendment.  Mr. Horton replied that it would be half, or less.

MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT R-12A WITH AN AMENDMENT TO REDUCE THE AMORTIZED AMOUNT BY THE $10,000 ALREADY PAID BY THE MUSEUM FOR REPAIRS.  THE MOTION FAILED (3-6) WITH COUNCIL MEMBERS WIGGINS, WALDORF AND PAVÃO VOTING YES.

Council Member Strom pointed out that R-12a addresses one of the Museum’s major concerns about the roof as well.  He added that this might come back after the engineer looks at it with more questions about capital improvements for the building.

In response to a question from Council Member Wiggins, Mr. Horton explained that the Museum’s lease would expire in four years.  If they did not wish to remain in the building, he said, the next tenant would take over the amortized loan payments.

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT R-12A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING CERTAIN MAINTENANCE AND REPAIRS AT THE CHAPEL HILL MUSEUM BUILDING WITH COSTS AMMORTIZED BY THE MUSEUM (2000-06-26/R-12a)

WHEREAS, the Town Council has determined that it is in the best interests of the Town to authorize certain work to protect the Town’s capital investment in the building now known as the Chapel Hill Museum;

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

·        the Manager to make emergency roof repairs when needed at the Museum, and to provide periodic roof inspection and minor roof repair;

·        the Manager to replace the air conditioning system serving the first floor of the Museum;

·        amendment of the Museum lease to require that the Museum make a payment equal to the amortized annual value of the air conditioning system replacement for each year that it continues to occupy the Museum building; and,

·        an engineering assessment of the Museum building as a part of a Town-wide capital asset maintenance study, with a report of findings and options for the Council’s consideration in the fall of 2000.

This the 26^th day of June, 2000.

Item 10 - Supplemental agreement, Phase 11 of the U. S. 15-501

Major Investment Study

Transportation Planner David Bonk presented the proposed $850,000 funding allocation for Phase II of the 15/501 Study.  He noted that various partners in the project would be contributing various amounts, as listed in the report, with Chapel Hill and Durham contributing $262,500.  He explained that the Chapel Hill portion of that ($66,250) would be only $16,250 because $50,000 will be paid by UNC.

Mayor Waldorf commented that Mr. Bonk had accurately summarized the cost sharing arrangement.  She pointed out, however, that an aspect of it as presented in the written report was misleading and that the Town’s real contribution would be closer to $81,000.  Mayor Waldorf expressed appreciation to both UNC and Duke University for being willing to participate in sharing costs.  She added that Mr. Bonk had done a great job and pointed out that he was highly respected by his colleagues.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT R-13.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE U.S. 15-501 MAJOR INVESTMENT STUDY, PHASE II SUPPLEMENTAL AGREEMENT (2000-06-26/R-13)

WHEREAS, the North Carolina Department of Transportation has plans to make certain street and highway improvements within Chapel Hill under Project U-2807 A, Orange/Durham Counties, said plans consist of the preparation of a Major Investments Study to examine alternative modes of transportation along US 15/501 from SR 1010 (Franklin Street) in Chapel Hill to US 15/501 Bypass in Durham under Project U-2807 A; and

WHEREAS, the Department and Chapel Hill now wish to amend the Agreement to add provisions for the Department to proceed with Phase II of the Study, at the request of Chapel Hill, the City of Durham and Triangle Transit Authority; and

WHEREAS, the Department has agreed to participate in the cost of Phase II of the Study up to a maximum of $400,000; and

WHEREAS, Chapel Hill agrees to reimburse the Department $66,250 toward the cost of the Phase II Study, and bear all costs, which exceed the Department’s participation, with the Triangle Transit Authority and City of Durham.

NOW, THEREFORE, BE IT RESOLVED, that Project U-2807 A, Orange/Durham Counties, is hereby, formally approved by the Town Council of the Town of Chapel Hill and that the Town Manager of Chapel Hill is hereby empowered to sign and execute the Agreement with the Department of Transportation.

This the 26^th day of June, 2000

Council Member Brown mentioned a former resolution that the Council had passed unanimously opposing mass transit routes and technology, including rail, which would have serious impact on any Chapel Hill neighborhood.   She asked that the resolution be sent to the Phase II study group so that they know the Council’s feelings on this. Council Members agreed.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT O-12.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-06-26/O-12)

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   1,977,596                  16,250                                      1,993,846

CAPITAL RESERVE

FUND

       Transfer to Capital

          Improvements Fund        300,000                  16,250                                         316,250           

ARTICLE II

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

CAPITAL

IMPROVEMENTS FUND   1,977,596                  16,250                                      1,993,846

CAPITAL RESERVE

FUND

         Fund Balance                    300,000                16,250                                         316,250           

This the 26th^h day of June, 2000.

Item 11 - Consideration of Scheduling Council’s Fall Retreat

MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT R-14 SETTING THE COUNCIL’S FALL RETREAT FOR SEPTEMBER 1^ST.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING SEPTEMBER 1, 2000, AS THE DATE OF THE TOWN COUNCIL’S FALL RETREAT (2000-06-26/R-14)

WHEREAS, the Town Council wishes to conduct a retreat to discuss Council goals and other issues; and,

WHEREAS, September 1, 2000, appears to be the most convenient date for such a session;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules Friday, September 1, 2000, as the date of the Council’s fall retreat.

This the 26^th day of June, 2000.

Item 12 - Consideration of Town Policy on Burma (Myanmar)

Mr. Karpinos reported that the U.S. Supreme Court, in a case challenging the Massachusetts policy of sanctions against Burma, had indicated that federal policies preempt Massachusetts’ policy, as well as other similar state and local ordinances.  On that basis, Mr. Karpinos said, the staff had prepared an opportunity to rescind the Town’s policy with respect to contracting for services with businesses doing business with Burma.

Council Member Brown asked if there was any time imperative about doing this.  She asked if there would be time to contact other communities about their reactions and plans.   Mr. Karpinos replied that the Town’s policy is not consistent with the law as expressed by the Supreme Court of the United States.  Mr. Horton added that delaying would put him in a difficult position because he had taken an oath to obey the law, which was clear in this regard. 

Council Member Bateman stated that the issue had become a personal one for her because she had new neighbors who are Burmese refugees and who have told her about what they have experienced.  But, as much as she disagrees with the Supreme Court’s decision on this issue, she said she would not break the law.

Mayor Waldorf pointed out that the resolution states that the Town will send letters to President Clinton and all other elected representatives expressing its opposition to policies in Burma.      

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT R-15.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION RESCINDING THE TOWN POLICY ON CONTRACTING FOR SERVICES WITH BUSINESSES DOING BUSINESS WITH BURMA (MYANMAR)  (2000-06-26/R-15)

WHEREAS, the Chapel Hill Town Council, in January, 1997, adopted a policy barring service contracts with businesses doing business with Burma (Myanmar); and

WHEREAS, the Supreme Court of the United States has determined that such state and local policies have been preempted by action of the Congress of the United States to establish sanctions against the government of Burma (Myanmar);

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:

1.  That the policy of prohibiting Town contracts for services established by Resolution 97-1-13/R-16 is hereby rescinded.

2.  That the Council’s position with respect to the government of Burma (Myanmar) as stated in the Whereas clauses of Resolution 97-1-13/R-16 is hereby reaffirmed.

3.  That the Council expresses its support for sanctions being imposed by the United States Government which are intended to force measurable and substantial progress in improving human rights practices and implementing democratic government in Burma (Myanmar).

This the 26^th day of June, 2000.

Item 13 - Appointments to Advisory Boards

13a.  Bicycle and Pedestrian Advisory Board.  Sara Easler.

13b.  Board of Adjustment.  Monica Arnold, Phil Rominger.

13c.  Community Design Commission.  Dale Coker, Weezie Oldenburg.

13d.  Greenways Commission.  Debbie Morris.

13e.  Housing and Community Development Advisory Board.  Chris Beacham, Marywinne Sherwood.

13f.  Orange Water and Sewer Authority Board.  Patrick Davis, Milton Heath.

Mayor Waldorf reminded the Council that Pat Davis’ appointment was to extend his current term for one year, making it necessary to adopt Resolution R-17.

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

A RESOLUTION EXTENDING THE TERM OF PAT DAVIS ON THE ORANGE WATER AND SEWER AUTHORITY BOARD OF DIRECTORS FOR ONE ADDITIONAL YEAR (2000-06-26/R-17)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby extends for one year the term of Pat Davis on the Orange Water and Sewer Authority Board of Directors, with an expiration date of June 30, 2001.

This the 26^th day of June, 2000.

13g.  Parks and Recreation Commission.  Mary Norwood-Jones.

13h.  Personnel Appeals Committee.  Helen Miller, Joann Pitz, Joanna Carey Smith.

13i.  Technology Committee.  Peter Calingaert, Douglas Noell.

Item 14 – Petitions  (none)

Item 5a - Response to Dawn Herik Regarding Development Fees for Providence Glen

Council Member Foy explained that the developer had made a persuasive argument for this being a unique situation that had been brought on exclusively as a result of their efforts to work with the Town on its request for affordable housing.  Council Member Foy suggested that the Town find a way to grant an extension in this case since the applicant had accommodated the Town.  Council Member Strom disagreed.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WARD, TO GRANT THE APPLICANT AN EXTENSION TO JULY 31, 2000, IN WHICH TIME THE TOWN WOULD PROVIDE THEM WITH THE OLD FEE SCHEDULE IN CONSIDERATION OF ALL THE CIRCUMSTANCES THAT ARE UNIQUE TO THIS CASE.   THE MOTION WAS ADOPTED (7-2) WITH COUNCIL MEMBER STROM AND WALDORF VOTING NAY.

The meeting was adjourned at 9:35 p.m.