SUMMARY MINUTES OF A BUSINESS METING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, SEPTEMBER 9, 2002, AT 7:00 P.M.

Mayor Kevin Foy called the meeting to order at 7:00 p.m.

Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

Staff members present were Acting Town Manager Sonna Loewenthal, Assistant Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Traffic Engineer Kumar Neppalli, Fire Chief Dan Jones, Planning Director Roger Waldon, Public Works Urban Forester Curtis Brooks, Transportation Planner David Bonk, Senior Long Range Planning Coordinator Chris Berndt, and Town Clerk Joyce Smith.

Item 1-Ceremonies: Presentation by the N.C. League of Municipalities

Ellis Hankins, Executive Director of the N.C. League of Municipalities, introduced Tim Ailsworth, Assistant Director of the League's Risk Management Programs, who presented the Town with a premium refund check in the amount of $85,213. Mr. Ailsworth explained that the check reflected the Town's participation in an inter-local insurance pool since 1986.

Mayor Foy pointed out that the check also represented the League's good fiscal management. He then asked Mr. Hankins for an update on the issue of local revenues being discussed at the General Assembly.

Mr. Hankins noted first that the refund demonstrates what cities and towns can do when they work together to reduce costs of operations on behalf of citizens and taxpayers. Regarding the local revenue issue, he said that North Carolina cities and towns had not made as much progress as they had hoped to make.

Mr. Hankins stated that the House of Representatives had voted to concur with the Senate version of House Bill 1490 (Secure Local Revenues) and that Governor Easley would sign that bill and make it law. The bill will make it more difficult for governors to withhold revenues, such as the Utility Franchise Tax revenues, from municipalities in the future, he said.

With regard to reimbursements for previously repealed local taxes (such as the local property tax on business inventories and on intangible property such as stocks and bonds), Mr. Hankins stated that Governor Easley had recommended replacing those on July 1, 2003, with an earlier local sales tax. He said that the League was trying to move the effective date of that sales tax forward, but had lost the vote in the House by three votes. Mr. Hankins explained that the League had been working on a budget bill that would authorize a replacement revenue source at the same time that it would repeal local reimbursements.

Mr. Hankins pointed out that Towns will have to turn to property taxes for funds if money is taken away without reimbursement. In spite of the League's efforts, he said, the Legislature and the Governor had decided to run a bill to repeal local reimbursements without authorizing a replacement revenue sales tax. The latter would be a separate bill after the budget passes, he said. Mr. Hankins described the League as "not happy" about the "serious risk," and said they would work hard to pass the sales tax bill.

Item 2 - Public Forum on Three-Lane Concept for Weaver Dairy Road

Presentation by Mayor Kevin Foy.

Mayor Foy noted that the Council had decided in January to revisit the issue of widening Weaver Dairy Road to four lanes. He said that a Mayor's Committee had then begun to work with Town staff on devising a plan for Weaver Dairy Road that would address as many neighborhood concerns as possible while making improvements to that road. One of those concerns, he said, was whether there was sufficient capacity to carry a reasonable volume of traffic without having excessive accidents, specifically rear-end accidents. Other concerns included maintaining Weaver Dairy Road's characteristics as a neighborhood road and making it viable for pedestrians and bicyclists, he said.

Mayor Foy outlined the Committee's plan to create uniformity from Erwin Road to Highway 86 by widening the two-lane portion and narrowing the four-lane portion, making the entire road three lanes. He said there would be one travel lane in each direction, a center turn lane in most places, right turn lanes in some places, and sidewalks and bicycle lanes. Mayor Foy also noted that there would be crosswalks and traffic signals in some areas and a roundabout by Silver Creek, which would be only two lanes.

Council Member Bateman pointed out that the Committee had also proposed narrowing the portion from NC 86 to Perkins Road near the Timberlyne Shopping Center. Mayor Foy added that a right turn lane and a traffic signal would be added to a part of that stretch. He said that members of the Committee and Town staff had personally gone out and explored Weaver Dairy Road, and had made recommendation based on what they saw and experienced. Mayor Foy pointed out that the North Carolina Department of Transportation (NCDOT) was planning a public hearing at the beginning of October regarding the four-lane proposal as well as the alternative being presented tonight.

Comments from citizens.

Jeffrey Qualls, a member of the Weaver Dairy Road Safety Committee, thanked the Town Council for listening and understanding the neighbors' concerns. He described the Mayor’s Committee's proposal as a compromise that all could live with. Mr. Qualls noted that NCDOT representatives had previously said they would only make the improvements to Weaver Dairy Road that Chapel Hill wanted them to make. He urged the Council to unanimously support the Committee's proposal.

Margaret Watson, a Carol Woods resident, expressed support for the three-lane configuration for Weaver Dairy Road. She said that air pollution from a four-lane highway would have serious implications for Carol Woods' residents, many of whom have breathing problems. Ms. Watson also noted the potential noise pollution and stormwater run-off problems. She predicted that having Carol Woods sandwiched between an interstate highway and a freeway would have negative marketing implications.

Carol Woods resident Helen Martikainen, also speaking for Allysa Chandlette and Dan Olken, thanked the Mayor and Council members for their efforts. She said that Carol Woods supported the three-lane option advanced by the Citizens Action for Responsible Roads, as had been stated by Dan Olken, a highly respected professional civil engineer in the environmental sciences. Ms. Martikainen stressed that Mr. Olken was strongly opposed to the NCDOT proposed four-lane widening of Weaver Dairy Road.

Ms. Martikainen summarized the arguments made by Mr. Olken: The NCDOT environmental assessment states that the purpose of the project is to increase the traffic-carrying capacity of the roadway as the northern link in a corridor to US 501 and NC 86. He had pointed out that there had been no evidence presented by NCDOT for the need of another link, since the I-40 link already exists and will soon become a six-lane highway. Ms. Martikainen stated that the people of Weaver Dairy Road want safety, especially near the school and the park. She proposed that widening the road would have very serious environmental impacts and would threaten the oak trees at the entrance to Carol Woods. Ms. Martikainen restated her support for the Mayor's Committee's proposal.

Carol Woods resident Mary Ann Gross said that widening Weaver Dairy Road to four lanes had never made any sense to her. She argued against making the road a shortcut to I-40. Ms. Gross described Weaver Dairy Road as a neighborhood road and said that Mayor Foy had outlined things that could improve it. She stated that the three-lane option, as outlined, would make Weaver Dairy Road a much safer road and one that is in keeping with the neighborhood it serves.

Carol Woods resident and retired professional engineer Seymour Freed opposed NCDOT's four-lane proposal, describing it as a concept to turn Weaver Dairy Road into a connector between I-40 exits 266 and 270. Mr. Freed stated, however, that the three-lane plan was worse because it would accomplish most of the environmental damage of four lanes, waste almost as much money, not significantly increase capacity, and make Weaver Dairy Road more dangerous. Mr. Freed argued that the road's topography did not lend itself to three lanes and that there is inadequate site distance. He suggested making modest improvements, such as widening the two lanes to 13 feet, adding road signals, and creating a shoulder for safety, maneuverability, bicycles and pedestrians.

Lewis Woodham praised the planned sidewalks and the State-approved traffic signal at the entrance to Carol Woods, but questioned the wisdom of widening and installing bus pull-outs on both sides of Weaver Dairy Road at the entrance to Carol Woods. Buses currently drop passengers off at the Carol Woods building, he said. Mr. Woodham expressed support for widening the road to permit a left turn into Cedar Hills Drive, noting that some use that route to get to the Eastgate shopping area.

Ruth Meisel said she opposed NCDOT's plan, adding that she was disillusioned by the kind of politics that permit only half the facts to be given out. Ms. Meisel asserted that very few cars use Weaver Dairy Road, except at high school dismissal time and at about 6:00 p.m. She asserted that truckers unions and lobbyists wanted Weaver Dairy Road to become a main thoroughfare so that large trucks and commercial traffic would have fast access to I-40 off Airport Road. Ms. Meisel emphasized that she and her neighbors did not want Weaver Dairy Road to be a four-lane highway, like Airport Road, right outside their front doors.

George Cianciolo speaking in support of the Mayor's Committee's proposal, noted that the average travel speed on Weaver Dairy Road was 37.1 mph during the morning peak hour and 36.3 mph during the evening peak hour. He noted that the current road seemed to be handling its level of traffic. Also, approximately 13,000 vehicles per day travel on Weaver Dairy Road, he said, and the Committee's plan should more than adequately address NCDOT's projected increase of 50% by the year 2025.

Warren Greshes, a Silver Creek neighborhood resident, praised the three-lane proposal, but noted that widening roads would not reduce the amount of traffic. Providing free bus service does not make any sense if you are going to keep widening roads, he said. Mr. Greshes noted that there were three other roads that connect to Erwin Road and that a three-mile road like Weaver Dairy Road should not be compared to NC 86 and Highway 15-501. Mr. Greshes reported that most people drive much faster than the 35 mph speed limit on Airport Road and predicted that the same thing would happen on Weaver Dairy Road if it is turned into a four-lane highway. He praised Mayor Foy for his leadership, noting that fighting NCDOT on this issue had once been seen as an impossible task.

Mayor Foy noted that the Mayor's Committee had also included Council Members Bateman, Verkerk and Strom, adding that Town Engineer George Small and Assistant Town Manager Sonna Loewenthal conferred frequently with Council members.

Cassanda Daston, representing Citizen Action for Responsible Roads, expressed gratitude and support for the three-lane proposal. She presented a petition from 400 people opposing the four-lane plus median alternative.

Cyndy Risku, president of the Silver Creek Homeowners Association, spoke in support of the Committee's plan. Her neighborhood had wished for one travel lane in each direction, she said. They had also wanted turn lanes and improvements to ensure bicycle and pedestrian safety. Ms. Risku remarked that both the two-lane and the three-lane plans would accomplish those goals without significantly altering the neighborhood. She volunteered to serve on a committee to further refine the plan, if such a committee is deemed necessary. Ms. Risku called on all interested parties to show united support so that NCDOT will accept the Committee's plan.

Aaron Nelson, representing the Chapel Hill-Carrboro Chamber of Commerce Board of Directors, said that the Chamber represents about 900 diverse businesses, including non-profits. He stated creating functional links between and among residential, commercial and recreational facilities was important. Mr. Nelson said that the future development of the Horace Williams tract had not been included in the numbers for projected traffic volume. He predicted that interstates would fail faster if the solution to local travel is to pass intra-local travel on to them. Mr. Nelson did say, however, that while the Chamber prefers the four-lane proposal the Town would hear no further objection from them if NCDOT accepts the three-lane one.

Robert Meunell told the Council that in Pennsylvania where he was born and raised, there had been some serious experiences on three-lane roads because people had considered the center lane a passing lane. He agreed with Mr. Freed that there was not enough forward view on Weaver Dairy Road to accommodate passing on a center lane. Mr. Meunell predicted that this design would cause head-on collisions.

Comments by Mayor and Council Members

Acting Town Manager Sonna Loewenthal explained that this item would come back for action at the next regular business meeting.

Council Member Ward suggested deleting the first "be it further resolved…" regarding the Town's understanding that it cannot count on additional State funds at a later date. He explained that he would rather not make that statement if it is possible to get an agreement without it.

Mayor Foy suggested asking the Manager's advice on that and then discussing it again when the Council votes at the next meeting. Acting Town Manager Sonna Loewenthal agreed to respond to Council Member Ward's suggestion in the staff's report.

Mayor pro tem Evans recommended stipulating that the entire right-of-way would be acquired by the State. She requested information from the Town Engineering staff on whether there was adequate stacking space for through traffic between each of the proposed signals. Mayor pro tem Evans asked how the center turn lane would be designated as not a passing lane and where the breakdown lane would be located. She asked if the signals on Weaver Dairy Road would be timed so that traffic could move smoothly.

Mayor pro tem Evans questioned the wisdom of having a traffic circle. She recommended putting in a bike and pedestrian facility, wider than a sidewalk, away from the road, and asked that the Town include that suggestion in its recommendation to NCDOT. Mayor pro tem Evans also asked if there was a road connection being proposed at Old Weaver Dairy Road, New Weaver Dairy Road and Erwin Road.

Council Member Harrison commented that he had never seen a breakdown lane on anything less than a freeway. And the roundabout described in the Committee's report, he said, was not a traffic circle but a design that would slow traffic entering it. Regarding Mr. Freed's comments about road width, Council Member Harrison explained that lanes would be 16 feet to the gutter with two more feet to the sidewalk. He described this as "a lot of room by North Carolina standards for cars and bikes." Council Member Harrison noted that many bikers prefer being in the travel lane so that they can get to work fast. He pointed out that Chapel Hill was the only municipality in the State that lets people ride on the sidewalk. Council Member Harrison questioned the wisdom of sacrificing a full-sized travel lane that includes a bike lane for the off-route facility that Mayor pro tem Evans had described.

Mayor pro tem Evans qualified her remarks about the breakdown lane. By inquiring about a "breakdown lane," she said, she had been asking for information on how a car would be accommodated if it broke down.

Council Member Strom praised Mayor Foy for his leadership on this issue and said that he sensed the Town was reaching consensus. He urged those who support the plan to make their voices heard at the meeting with NCDOT.

Council Member Wiggins underscored the role that Mayor Foy had played. She noted that this had been a highly political process and that Mayor Foy had worked hard to get people at the State level to be open to compromise. The Mayor had worked with Mr. Galleon in particular, Council Member Wiggins said, and Mr. Galleon would advocate for Chapel Hill. The State's receptivity to this plan is because of Mayor Foy, she said.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE REPORT AND COMMENTS FOR A FOLLOW-UP REPORT AT THE COUNCIL’S NEXT BUSINESS MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 - Petitions by Citizens and Announcements by Council Members

3a. Petitions by citizens on items not on the agenda.

3a(1). Orange County regarding New Location for Orange County Animal Shelter.

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

3a(2). Iris Wadsworth regarding Property on 308 McMasters Street and Zoning in the Northside Area.

COUNCIL MEMBER WARD MOVED, SECONDED MY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9—0).

3a(3). Westwood Neighborhood regarding Request that the Town Conduct Traffic Evaluation in Neighborhood.

Elaine Barney, speaking for Ann Chelminski, asked the Town Council to authorize a traffic evaluation for the Westwood Neighborhood when this item comes before them for a vote.

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

3b. Petitions by citizens on items on the agenda.

3b(1). Wilfred Raymond, regarding Agenda item 5e, Response to Citizen Petition regarding Street Lighting at Mt. Bolus Road, from the August 26^th meeting.

Mr. Raymond asked for a permanent resolution to the streetlight problem at 209 Mt. Bolus Road. He emphasized that the neighborhood had originally requested the repair of only one light. After much time, expense, and frustration by neighbors, Mr. Raymond explained, the Town had removed that light. He described this as the absolute best result, and stressed that there was no compelling public necessity to restore that light. He pointed out that accidents had occurred during the day and on the other side of the street. Very few people use the road after dark, he said. Mr. Raymond implored the Council not to instruct the Public Works Department to reinstall that light.

Mayor Foy noted that Mr. Raymond was referring to an information report that the Council did not have in their packet. He suggested that the staff rely on that report, and on Mr. Raymond's testimony, and that the Council discuss the issue at the next meeting. Mr. Raymond pointed out that a plan of action to reinstall that light had been included in the information report.

Council members agreed by consensus to discuss the issue at the next meeting.

3b(2). Mark Chilton regarding Request for expedited review of 229 N. Graham Street.

Mr. Chilton requested expedited review of a rezoning proposal of property belonging to EmPOWERment, Inc. The proposal was to tear down an existing house, rezone the lot to cottage zoning, and build two new homes on that site, he said. Mr. Chilton noted that the lot was a major drug sale area for southern Orange County. He said that putting new houses in that spot would help to change that. Mr. Chilton explained that both houses would be 1,200 square feet and one and a half stories high. The houses would be placed in the Land Trust, he said, and would sell for $80,000 to $85,000.

Council Member Bateman thanked Mr. Chilton and EmPOWERment, Inc. for working with the Orange-Person-Chatham Mental Health Center to provide a house for clients there.

MAYOR PRO TEM EVANS MOVED FOR EXPEDITED REVIEW AND PRAISED THE GRAHAM STREET PROJECT. COUNCIL MEMBER HARRISON SECONDED.

Council Member Wiggins asked Mr. Chilton about neighborhood concerns regarding realignment. Mr. Chilton replied that EmPOWERment, Inc. had discussed those concerns with the neighbors. He had originally been a realignment advocate, he said, but the staff had made persuasive arguments against it regarding traffic and expense. Mr. Chilton stated that realignment would not add that much value to the neighborhood.

Council Member Wiggins asked if the Northside neighborhood would complain that the Council had not responded to their request. Mr. Chilton replied that he did not think so and pointed out that there would be a public hearing on the matter.

Council Member Ward inquired about a community garden plot that had been proposed for that site. Mr. Chilton replied that EmPOWERment, Inc. intended to limit the amount of money it initially spends because of contingencies such as the garden plot and the realignment issue.

Mayor Foy suggested referring this item to the staff for a report at the October 23^rd meeting. Mayor pro tem Evans and Council Member Harrison accepted that as an amended to the motion.

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

3c. Announcements by Council members.

Council Member Harrison announced a Regional Transportation Forum to be held on Saturday, September 2, 2002, from 9:00 am to 3:00 p. m. in Raleigh. He noted that this would be the only conference of its type in the state this year, and that Mayor Foy would be speaking there.

Council Member Bateman announced that a memorial service commemorating last year's tragedy at the World Trade Center would be held at 9:30 a. m. on Wednesday, September 11, 2002, in front of the Fire Station Headquarters at the corner of Columbia and Airport Roads.

Mayor Foy reminded citizens that the Town was under emergency water restrictions. Water may not be used for any purpose out of doors except fire fighting, he said.

Item 4 - Consent Agenda

Council Member Ward removed 4a - Nomination to the Bicycle and Pedestrian Advisory Board.

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-1, AS A MENDED WITH 4a REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-09-09/R-1)

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

b.	Annual Budget Amendment to Reappropriate Funds for Prior Year Encumbrances and Obligations (O-1).
c.	Budget Amendment for Traffic Impact Studies and Signal Timing Studies (O-2).
d.	Budget Amendment for Purchase of Special Fire Department Protective Equipment (O-3).
e.	Acceptance of Grant from the U.S. Department of Justice (O-4); (R-3).
f.	Renewal of Tax Collection Agreement with Durham County (R-4).
g.	Authorization to Reimburse Costs for Installment Debt Project (R-5).
h.	Franchise for CTC Exchange Services – Second Reading (O-5).
i.	Process for Developing a Sidewalk and Bicycle Facilities Construction Plan (R-6).
j.	Resolution Rescinding Prior Motion and Directing Enforcement of Regulations Pertaining to Non-Commercial Signs (R-7).

This the 9^th day of September, 2002.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002” (2002-09-09/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, 2002" as duly adopted on July 26, 2002, is and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Mayor/Council 229,439 1,767 231,206

Town Manager/Clerk 936,179 13,190 949,369

Human Resources 514,463 9,561 524,024

Finance 846,658 29,011 875,669

Information Technology 540,763 91,543 632,306

Legal 230,136 2,825 232,961

Planning 942,025 48,988 991,013

Inspections 705,134 1,285 706,419

Engineering 960,813 29,748 990,561

Public Works 9,628,067 97,069 9,725,136

Police 9,025,238 85,706 9,110,944

Fire 4,812,458 12,633 4,825,091

Parks & Recreation 2,069,595 35,562 2,105,157

Library 1,875,390 62,770 1,938,160

Non-Departmental 3,475,129 104,503 3,579,632

TOTAL GENERAL FUND 36,791,489 626,161 37,417,648

PUBLIC HOUSING FUND 1,614,072 51,106 1,665,178

ON-STREET PARKING FUND 650,000 5,250 655,250

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

OFF-STREET

PARKING FUND 1,556,300 31,291 1,587,591

TRANSPORTATION FUND 9,676,444 34,112 9,710,556

VEHICLE REPLACEMENT

FUND 2,027,500 383,645 2,411,145

VEHICLE MAINTENANCE

FUND 868,884 17,412 886,296

COMPUTER REPLACEMENT

FUND 304,370 3,444 307,814

CAPITAL

IMPROVEMENTS FUND 478,000 340,480 818,480

HOUSING LOAN

TRUST FUND 175,000 162,012 337,814

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 1,070,000 626,161 1,696,161

PUBLIC HOUSING FUND

Fund Balance 163,031 51,106 214,137

ON-STREET PARKING FUND

Fund Balance 0 5,250 5,250

OFF-STREET PARKING FUND

Fund Balance 0 31,291 31,291

TRANSPORTATION FUND

Fund Balance 301,543 34,112 335,655

Current Revised

REVENUES Budget Increase Decrease Budget

VEHICLE REPLACEMENT

FUND

Fund Balance 256,320 383,645 639,965

VEHICLE MAINTENANCE

FUND

Fund Balance 0 17,412 17,412

COMPUTER REPLACEMENT

FUND

Fund Balance 0 3,444 3,444

CAPITAL IMPROVEMENTS

FUND

Fund Balance 180,000 340,480 520,480

HOUSING LOAN TRUST FUND

Fund Balance 122,000 162,012 284,012

This the 9^th day of September, 2002.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 (2002-09-09/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, 2002” as duly adopted on June 26, 2002, is and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Engineering 990,561 80,400 1,070,549

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 1,696,121 20,400 1,716,521

Licenses and Permits 1,569,000 60,000 1,629,000

This the 9th day of September, 2002.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 (2002-09-09/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2002” as duly adopted on July 26, 2002, is and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND
Non-departmental Contingency	46,429		14,800	31,629

Fire	4,825,091	14,800		4,810,291

This the 9^th day of September, 2002.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 (2002-09-09/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2002” as duly adopted on July 26, 2002 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Police 9,025,238 30,750 9,055,988

ARTICLE II

REVENUES

GENERAL FUND

Grants 452,000 30,750 482,750

This the 9th day of September, 2002.

A RESOLUTION AUTHORIZING THE MANAGER TO ACCEPT $30,750 FROM THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE PURCHASE OF THREE MOBILE COMMUNICATION TERMINALS FOR POLICE PATROL VEHICLES (2002-09-09/R-3)

WHEREAS, the use of mobile communication terminals in police patrol vehicles has become an essential tool for officer safety, efficiency, and communications; and

WHEREAS, the United States Department of Justice has awarded $30,750 to the Town towards the purchase of three mobile communication terminals and the Town’s share will be $9,987; and

WHEREAS, adding three mobile communication terminals would increase the number of vehicles so equipped to eighteen;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept $30,750 from the United States Department of Justice for the purchase of three mobile communication terminals for police patrol vehicles.

This the 9^th day of September, 2002.

A RESOLUTION AUTHORIZING THE MANAGER TO ENTER INTO A RENEWAL AGREEMENT WITH DURHAM COUNTY FOR THE COLLECTION OF PROPERTY TAXES (2002-09-09/R-4)

WHEREAS, a portion of the Town of Chapel Hill is located within Durham County; and

WHEREAS, the Town wishes to enter into an interlocal agreement with Durham County for the collection of property taxes on real and personal property and motor vehicles, including annual vehicle fees; and

WHEREAS, the proposed compensation to Durham County is 1 ½% of the amount of taxes collected as specified and allowed by State law;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to renew a proposed Interlocal Cooperation Agreement for the collection of said taxes for a period of four years beginning July 1, 2002.

This the 9^th day of September, 2002.

A RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENSES OF CAPITAL RENOVATION PROJECT (2002-09-09/R-5)

WHEREAS, the Town of Chapel Hill desires to renovate certain Town facilities through use of installment financing contracts; and

WHEREAS, the Town has determined that the IFC Shelter and Chapel Hill Museum, “the Project”, are facilities in need a major capital renovations and repair; and

WHEREAS, the Town proposes to finance these renovations through installment contracts that spread the cost of the Project over a ten-year period;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that, pursuant to the requirements of the United States Treasury Regulations Section 1.150-2, that the Council intends this resolution to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section.

BE IT FURTHER RESOLVED that:

1. Expenditures to be incurred. The Issuer anticipates incurring expenditures (the “Expenditures”) for the capital renovation and repairs to the Project.

2. Plan of Finance. The Issuer intends to finance the costs of the Project with the proceeds of debt to be issued by the Issuer (the “Borrowing”) the interest on which is to be excluded from gross income for federal income tax purposes.

3. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is $400,000.

4. Declaration of Official Intent to Reimburse. The issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of the Borrowing.

BE IT FURTHER RESOLVED that the Council authorizes the Town Clerk to certify a copy of this resolution for the Local Government Commission.

This the 9^th day of September, 2002.

AN ORDINANCE GRANTING A FRANCHISE TO CTC EXCHANGE SERVICES, INC. TO PROVIDE TELECOMMUNICATIONS SERVICES IN THE TOWN OF CHAPEL HILL (2002-09-09/O-5)

BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby grants a franchise to CTC Exchange Services, Inc. (CTCES) to operate a telecommunications system in the Town subject to the following conditions:

Scope of Services

The company may provide the following services:

Telephone and Personal Communications Services, including cellular telephone services pursuant to authority granted by the Federal Communications Commission and the North Carolina Utilities Commission.

This franchise does not authorize the company to provide cable television or video services, for which a separate franchise could be requested. This franchise does not authorize placement of public use telephones on Town property or public right-of-way.

Relocation of Equipment

Upon the exercise of the Town Manager’s reasonable discretion, any of the company's equipment that may be located in public right-of-way or other Town property shall be subject upon 180 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager; provided that places satisfactory to the Town Manager are available within such period and will not result in a material adverse affect on the quality of company's telephone service provided to the Town; otherwise, such time period shall be extended as reasonably necessary for the company to find an adequate relocation site, provided, however, that the Town Council approves a separate lease agreement.

Subject to the time frames referenced in the preceding paragraph, removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town.

Upon the Town's determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town after consultation with the company. Emergency needs are not subject to the time limits stated above.

Disturbance of Property within a Right—of—Way; Inspections

Any disturbance of property within or affecting a public right-of-way, as may be necessary for the installation and/or connection of services by the franchisee, must receive prior approval of the Town Manager or Manager's designee and shall be subject to inspection and approval by the Town as provided by Chapter 17, Article IV of the Town Code of Ordinances. The franchisee shall notify the Town Manager’s office 24 hours in advance of the start of any construction that will damage any existing public street or significantly obstruct the flow of traffic.

Term of Franchise

The term of the franchise shall be 20 years from acceptance by the franchisee, with the possibility of renewal subject to filing of a renewal application at least one year before the franchise expiration.

Letter of Credit, Fees and Taxes

The company shall maintain a letter of credit in the amount of $50,000, or a guarantee of company's parent company, acceptable to the Town Manager, with the required amount to be replenished as necessary to maintain the required balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of any applicable fees and taxes due to the Town. So long as the company is subject to and does pay the state franchise tax imposed pursuant to N.C.G.S. §105-120, the Town shall not, and does not currently, charge a license, privilege or franchise tax on the company, which is not authorized by law and applicable to other similar businesses. Should the Town seek to impose a fee or tax on the company in the future, the company shall have not less than 120 days’ notice prior to the effective date of such fee or tax, and shall have the right to terminate the franchise provided that it shall remove its equipment from the Town property or public right-of-way within 60 days of termination.

Insurance and Indemnification of the Town

The company shall maintain general liability insurance naming the Town as an additional insured party and in a form satisfactory to the Manager. General liability coverage shall be in the amount of at least $1,000,000.

The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages that may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.

Compliance with All Applicable Laws, Ordinances and Regulations

The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town that may be issued under the franchise ordinance terms or general law, provided that such policies, directives, codes, and regulations are consistent with State and Federal laws and regulations, and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc. Failure to comply shall be grounds for revoking the franchise.

Acceptance of Franchise Terms

The company shall, within 60 days of adoption of this franchise ordinance on second reading, accept all terms and conditions of the franchise ordinance.

Revocation Procedure

If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease utilizing its facilities located on Town property or public right—of—way within 120 days of receiving notice of revocation and remove its equipment from public right—of—way within 180 days. Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit or to call upon the guarantee to cover such costs.

Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company. The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.

Transfer of Ownership

A change or changes in ownership of the franchisee cumulatively totaling a 25% or greater interest in the company shall be subject to review and reasonable approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for review of such a change(s) in ownership. In the event the Town Council reviews and, for good cause duly substantiated, objects to the change in ownership, it shall have the authority to revoke the Franchise in accordance with the procedure set forth in the preceding paragraph.

This the 26^th day of August, 2002. (FIRST READING)

This the 9^th day of September, 2002. (SECOND READING)

A RESOLUTION CALLING A PUBLIC FORUM TO HEAR CITIZEN COMMENTS AND INPUT REGARDING A SIDEWALK AND BICYCLE FACILITIES CONSTRUCTION PLAN FOR FY 2002-2003 (2002-09-09/R-6)

WHEREAS, the Chapel Hill Town Council will receive a report from the Bicycle and Pedestrian Advisory Board and the Transportation Advisory Board regarding recommendations for the Sidewalk and Bicycle Facilities Construction Plan for FY 2002-2003;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby sets a Public Forum for Monday, October 21, 2002, to consider the proposed Sidewalk and Bicycle Facilities Construction Plan for FY 2002-2003.

This the 9^th day of September, 2002.

A RESOLUTION DIRECTING THE TOWN MANAGER TO RESUME ENFORCEMENT OF TOWN REGULATIONS PERTAINING TO NON-COMMERCIAL SIGNS ON PRIVATE PROPERTY AS MODIFIED BY THE COUNCIL (2002-09-09/R-7)

WHEREAS, the Council received and considered a report from the Town Manager and Town Attorney pertaining to non-commercial signs on private property; and

WHEREAS, on August 26, 2002, the Council enacted revisions to the Town’s sign regulations pertaining to non—commercial signage; and

WHEREAS, the Council finds it is now appropriate to rescind its previous directive of September 19, 2001, pertaining to enforcement of regulations affecting non—commercial signage on private property;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council’s directive of September 19, 2001, to the Town Manager to not enforce sign regulations pertaining to non-commercial signs on private property is hereby rescinded and the Manager is hereby directed to resume enforcement of such regulations as they are now in effect.

This the 9^th day of September, 2002.

Item 5 -Information Items

Council Member Strom removed 5a & 5b and requested that the Council discuss them at this point in the meeting.

The Council agreed by consensus to discuss the items at this time.

5b. Response to Concerns regarding Traffic Issues on Cameron Avenue.

Council Member Strom suggested taking no action tonight but forwarding the information to the Transportation Board and the Bicycle and Pedestrian Advisory Board. He recommended asking the boards whether they have any interest in conducting an additional study of Cameron Avenue and McCauley Street.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO REFER 5b TO THE TRANSPORTATION BOARD AND THE BICYCLE AND PEDESTRIAN ADVISORY BOARD FOR COMMENT OR POSSIBLE STUDY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

5a. Response to Kyle Cattani's Petition regarding Underground Utility Lines.

Council Member Strom noted that a discussion of this was scheduled for September 18th. He expressed interest in having the Town's Development Ordinance reflect the Council's guidance on this matter, adding that he personally wanted buried utility lines to be the rule. Council Member Strom also requested that the Council instruct the staff to develop a "no spray" policy.

COUNCIL MEMBER STROM MOVED TO REFER THESE ISSUES TO THE TOWN ATTORNEY AND TO ASK THAT THE ATTORNEY BRING BACK LANGUAGE ON SEPTEMBER 18^TH THAT WOULD REFLECT BURIAL OF PHASE III LINES AND A NO SPRAY OF HERBICIDES IN UTILITY RIGHTS-OF-WAY POLICY. COUNCIL MEMBER MARK KLEINSCHMIDT SECONDED.

Mayor pro tem Evans asked to include cost implications as part of the staff's report. Council Member Strom suggested that she make that a separate motion.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE STAFF BRING BACK INFORMATION ON THE COST IMPLICATIONS OF BURIAL OF LINES REQUIREMENTS.

Council Member Strom asked if she was inquiring about the cost to citizens or to developers. Mayor pro tem Evans replied that she was interested in both. Ms. Loewenthal said that staff would do its best to get that information by September 18th, or as quickly as Duke Power could give it to them.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Foy asked for information on whether the language in the Town of Cary's code of ordinances accomplishes what the Council was requesting. Town Attorney Ralph Karpinos replied that the code of ordinances is a provision of Cary's charter. The General Assembly had given Cary authority to enact such an ordinance, said Mr. Karpinos, but added that he did not know whether or not Cary had done so. Mr. Karpinos stressed that this is a provision from Cary's charter, not from their ordinances.

Mayor Foy inquired about the City of Charlotte, and Mr. Karpinos replied that Charlotte's was an ordinance. He said that he could not recall without checking his notes whether Charlotte has special legislation or not. Mr. Karpinos stated that he would have that information next week.

Council Member Strom asked that information also be included on the rationale for requiring, or not requiring, special legislation for that. Mr. Karpinos replied that it would require special legislation to find out whether or not the Town had the legal authority to do this. He questioned whether he could have that research completed by next week, and Mayor Foy noted that the Council did not need that information that soon.

Items Deferred from August 26, 2002 Regular Meeting

Item 6 - Proposed Calendar for Council Meetings through December 2003,

Including the 2003-04 Budget Process

Council Member Strom asked if anyone else was interested in breaking the long February 28^th meeting up into more days. Mayor Foy explained that the Council had intentionally rolled three meetings into one, and other Council members said they preferred to get it all done at once.

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

A RESOLUTION ADOPTING A CALENDAR OF COUNCIL MEETINGS THROUGH DECEMBER 2003 (2002-09-09/R-8)

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

Remainder of 2002

Month	Day of week	Date	Type of Meeting	Notes
September		2		Labor Day holiday (Monday)
		6-7		Rosh Hashanah (sundown on the 6^th through sundown on the 7^th)
	Monday	9	Business
		15-16		Yom Kippur (sundown on the 15^th through sundown on the 16^th)
	Wednesday	18	Hearing
	Monday	23	Business
		29		ICMA Annual Conference (Sept. 29-Oct. 2), Philadelphia, PA.
October	Monday	7	Business
	Wednesday	9	Joint Planning Hearing	Southern Human Services Center, 7:30 p.m.
		12		University Day
		14		Columbus Day Observed (not a Town holiday)
	Wednesday	16	Hearing
Month	Day of week	Date	Type of Meeting	Notes
October		17-20		UNC Fall Break
		20-21		NC League of Municipalities meeting (Durham)
	Monday	21	Business
	Monday	28	Work Session	(If needed)
November		5		General election
	Monday	11	Business	Veterans’ Day (not a Town holiday)
	Monday	18	Hearing
	Monday	25	Business
		28-29		Thanksgiving Holidays
		29		Hanukkah (Begins sundown on Nov. 29)
December		3-7		National League of Cities Annual Conference (Salt Lake City, Utah)
	Monday	9	Business
		24-26		Christmas Holidays

2003

Month	Day of week	Date	Type of Meeting	Notes
January		1		New Year’s Day Holiday
	Monday	13	Business	Human Services Advisory Board's annual Needs Report
	Friday	17	Planning Session	8:30 am; location to be determined; includes budget/financial overview
	Monday	20		Martin Luther King, Jr. Holiday
	Wednesday	22	Public Hearing
	Monday	27	Business	Setting the scope for potential legislative requests.
	Wednesday	29	Public Hearing	Budget, capital program, Comprehensive Grant, HOME program, Community Development grant, Downtown Service District; potential legislative requests

Month	Day of week	Date	Type of Meeting	Notes
February	Monday	10	Business	Public forum on legislative requests
	Wednesday	12	Budget Work Session	Advisory board presentations; 4-6:30 p.m.
	Monday	17	Hearing
	Thursday	20	Meeting with Legislators	7:30 a.m.; location to be determined; meeting date and time subject to concurrence by legislative delegation
	Monday	24	Business
	Wednesday	26	Budget Work Session	4-6 p.m.; presentation by departments
	Friday	28	Budget Work Session	12 noon-5 p.m.; presentation by departments.
March	Monday	3	Business	Submittal of proposed 2003-2004 public housing budget; Consideration of adopting legislative program; Submittal of potential changes to service plan for Downtown District for public hearing on May 14; Request to County for Library, Parks and Recreation and Project Turnaround funding; authorizing boards to make presentations to the County Commissioners
	Wednesday	5	Budget Work Session	5:30-7:30 p.m.; presentations by Downtown Commission and Visitors Bureau
		8-16		UNC Spring Break
		7-11		National League of Cities Meeting
		13-16		ACC Men’s Basketball Tournament

Month	Day of week	Date	Type of Meeting	Notes
March	Monday	17	Hearing
	Monday	24	Business
	Wednesday	26	Public Forum	Status report on development of 2003-2004 budget; capital program; Comprehensive Grant, HOME grant program, CD grant; and changes to the Downtown Service District service plan
		March 29- Apr. 6		Chapel Hill-Carrboro Schools Spring Break
April	Wednesday	2	Budget Work Session	4—6 p.m.; if desired
		7		NCAA Division I Men’s basketball championship
	Wednesday	9	Possible Joint Planning Hearing	To be determined
	Monday	14	Business	Recommendation by the Human Services Advisory Board on the total amount to be allocated for human services performance agreements in 2003—2004
		18		Good Friday Holiday
		21		Easter Monday (not Town holiday)
	Wednesday	23	Hearing
	Monday	28	Business	Submittal of: · recommended budget and capital program · proposed plans for using grants: 1. Comprehensive grant, 2. HOME program, and 3. Community Development grant

Month	Day of week	Date	Type of Meeting	Notes
April	Wednesday	30	Budget Work Session	5:30—7:30 p.m., if desired.
May	Monday	12	Business
	Wednesday	14	Hearing	Budget, capital program, Downtown Service District, transportation grant
		18		UNC graduation
	Monday	19	Hearing
	Wednesday	21		NCLM Town Hall Day
	Wednesday	21	Budget Work Session	4-6 p.m., if desired
		26		Memorial Day Holiday
	Wednesday	28	Business
June		7		High school graduations
	Monday	9	Business	Consideration of 2003-04 Budget; CIP; related items.
	Monday	16	Hearing
	Monday	23	Business	Consideration of performance agreements: · visitor information and cultural events funded with hotel-motel taxes, · human services (including recommendations by Human Services Advisory Board) and · Downtown Service District; year-end budget amendment
July		4		Independence Day - Town holiday
August	Monday	25	Business
September		1		Labor Day holiday (Monday)
	Monday	8	Business
	Monday	15	Hearing
	Monday	22	Business
		26-27		Rosh Hashanah (sundown on the 26th through sundown on the 27th)

Month	Day of week	Date	Type of Meeting	Notes
October		5-6		Yom Kippur (sundown on the 5^th through sundown on the 6^th)
	Wednesday	8	Reserved for Joint Planning Hearing	Location to be determined (date proposed subject to concurrence by boards)
	Monday	13	Business	Columbus Day (not Town holiday)
		12-14		NC League of Municipalities meeting (Winston-Salem)
	Monday	20	Hearing
		23-26		UNC Fall Break
	Monday	27	Business
November		4		Election Day
	Monday	10	Business
		11		Veterans’ Day (not Town holiday)
	Monday	17	Hearing
	Monday	24	Business
		27-28		Thanksgiving Observance - Town Holiday
December	Monday	8	Business
		9-13		National League of Cities Annual Conference (Nashville, TN)
		19		Hanukkah (begins sundown on the 19^th)
		24-26		Christmas Holidays

This the 9^th day of September, 2002.

September 9, 2002 Regular Meeting

Item #7 - Review of Durham-Chapel Hill-Carrboro 2025

Transportation Plan Alternatives

Transportation Planner David Bonk explained that the more than 60 alternatives of the Tier One Analysis had been reduced to five. A single preferred alternative will go to the Transportation Advisory Committee (TAC) on September 19, 2002, he said, explaining that the TAC will then either accept it and open public comment or send it back to the staff. Mr. Bonk stated that the Town must meet the February 2003 adoption deadline or it will not be in compliance with federal air quality regulations. A series of monetary sanctions could then be placed against the Town, he said.

Mr. Bonk explained that the current schedule assumes that the TAC will put forward a preferred alternative in September. It will then receive public comment, adopt the draft in October, open a formal 45-day public comment period, and adopt the draft plan in early December, he said. Mr. Bonk explained that the plan will then be sent to federal and State agencies for an air quality evaluation, which could take 3 to 5 months. He noted that there would then be another 45-day public comment period before the formal adoption of the plan. Mr. Bonk pointed out that it was clear that the Town would lapse given this schedule.

Mr. Bonk reviewed the five alternatives before the Council and explained the two different versions in their packet. The key findings that were consistent to all the scenarios, he said, were as follows:

· Congestion along specific corridors is projected in all scenarios. These corridors includes:

-US 15-501 Boulevard, Franklin Street to I-40

-NC 54, Fordham Boulevard to I-40

-Fordham Boulevard between Manning Drive and NC 54

-Estes Drive, North Greensboro Street to Franklin Street

-Ephesus Church Road, Fordham Boulevard to Durham County Line

· I-40, between I-85 and NC 86, is projected to operate at an acceptable level of service.

· Scenarios with fixed guideway transit along the NC 54 and US 15-501 Boulevard corridors results in the highest regional transit trips and on Chapel Hill Transit.

· Despite some improvements the regional model's ability to assess transit impacts is limited. This is particularly true in Chapel Hill where unique local conditions are difficult to replicate in the regional model.

· The analysis of the five Tier 3 alternatives includes mistakes in the coding of the transit networks, both local bus and fixed guideway, that result in under assessment of transit impacts in 2025.

George Cianciolo, representing the Transportation Board, stated that transit must be a major focus of any plan put forth. He noted that the Transportation Board generally opposes building new roads and favors mass transit. Mr. Cianciolo recommended that the Town at least consider the possibility that additional roadways might be the only way of fixing problem areas, such as the US 15-501 and the NC 54 corridors. He added that the environmental impact of those roadways must be studied with great care.

Mr. Bonk reported that the Planning Board had chosen not to make a recommendation to the Council at this time. He stated that the Board asked that the preferred alternative come before them for review.

Mayor pro tem Evans commented that the Planning Board had been concerned about the many unanswered questions in the report.

Former Council Member Joyce Brown, speaking as well for Baird Grimson and Elaine Barney, distributed copies of a statement she had made at a TAC meeting and had given to the Westside/Westwood Neighborhood Association. Ms. Brown explained that some of her remarks tonight would differ from that former statement, however. She asked the Council not to rush the process, and questioned whether the land use projections were still valid given the current drought conditions. Ms. Brown asked Council members to realize that assumptions had been based on an arbitrary land use pattern. She recommended planning according to the Town's actual ability to provide water, based on the worst case drought scenario, and revising land use and transportation projections based on that.

Ms. Brown stated that there had been great confusion at the TAC meeting regarding the information presented. The staff had been unable to answer technical questions, she said, and there had been disagreements over information by some technical members. Ms. Brown said that voting on the Manager's recommendation as presented tonight would be premature, arguing that the Transportation staff had not come back with the clear, understandable language that it had been asked to bring back. Ms. Brown complained that the maps were confusing. She asked who had the authority to make the regional transit routes in Chapel Hill and how the Triangle Transit Authority (TTA) fits into the whole picture.

Ms. Brown stated that one of the fixed guideway systems goes through the west Chapel Hill National Register Historic District. She said that this had not been taken into account as she had been assured it would be, and she described that as "extremely distressing." Ms. Brown wondered if "the responsible people in Raleigh" had been aware of this proposed fixed guideway through the historic district. She argued that the information before the Council was inadequate for them to be as fully informed as they and the public need to be.

Ms. Brown suggested investigating whether the Phase1I environmental impact statement had been ignored in some important aspects. She urged the Town Council to read the resolutions included in the information she had submitted, particularly the Council-approved resolution of July 7, 1990. That resolution had opposed mass transit routes and technology that would have serious adverse impact on any Chapel Hill neighborhood, she said. Ms. Brown also asked Council members not to approve the Manager's recommendation tonight but to wait for more and clearer information and wider public knowledge.

James Carnahan, representing the Solutions to Sprawl Steering Committee, said that Alternative C was the best one before the Council. He strongly agreed with the Manager's recommendation to implement transit improvements prior to pursuing roadway expansions. Mr. Carnahan stated that he understood that the Bicycle and Pedestrian piece of this was about the same with all alternatives. Noting that the Town would need more bike and pedestrian improvements to accompany more transit, he asked that the request to the TAC reflect that observation. Mr. Carnahan suggested using the rail line north of Horace Williams, which he described as conspicuously absent from all recommendations. He stressed that use of that rail line would lessen traffic from Horace Williams and would not require condemning of land.

Catherine Frank, a Cameron-McCauley resident and former member of the Historic District Commission, urged the Council to solicit opinions from the HDC and from area residents. She noted that the Cameron-McCauley neighborhood was part of both the local and national registers of historic districts. That will have an impact on the costs and the review process as things move forward, said Ms. Frank.

Council Member Bateman asked if "intensive Chapel Hill transit fair free express bus service" is what was being recommended under the fixed guideway system. Mr. Bonk recommended approaching that by categorizing the alternatives. He then indicated on the map where the Council-endorsed US 15-501 guideway would go from the gateway area to the UNC campus. Mr. Bonk explained that a similar corridor, which was part of the NC 54 study, would start at RTP, go along NC 54, and eventually pick up the same corridor as the US 15-501 route into the campus. Both of those corridors, he said, were being evaluated for a higher capacity fixed guideway, which could range from a light rail system to a busway, both of which include different types. He explained that no decisions had yet been made about the specific technology that would be used.

Mr. Bonk explained that other corridors include one from UNC's main campus up Columbia Street and continuing on the rail line to Eubanks Road. He also mentioned other potential routes: one through the center of Town and into Carrboro; one from I-40 down NC 86 and into Southern Village; and one that would parallel I-40 and run into the Horace Williams property. Mr. Bonk described those three as "high capacity transit," adding that they would exclude light rail and diesel power rail. The vehicles might be buses, he said, which would require wide roadways, or they might include newer, narrower technologies. Mr. Bonk noted that many communities were returning to streetcar systems because they were cost-effective and compatible with land uses. He stressed that no decisions had been made about any of the technologies in any of the corridors, particularly those in Chapel Hill, which would first require in-depth studies.

Council Member Verkerk inquired about using Franklin Street. Mr. Bonk replied that Franklin Street was an option but that Cameron Avenue would provide the most direct access into the rail corridor. Council Member Verkerk spoke in favor of bringing the line right through the Downtown area.

Mayor Foy questioned the need to run a line over to a corridor with tracks if there will be no rail. Mr. Bonk replied that the critical element at the rail corridor is not the track but the existing right-of-way to implement different technologies. The benefit of that, he said, is that it would save time for passengers. Mayor Foy questioned whether rail would be capable of making the sharp left turn from Columbia Street to Cameron Avenue. Mr. Bonk explained that it would because of the wide one-way street and the technology. Mayor Foy noted that the vehicles being discussed were buses, or other vehicle such as light rail, which look like a trains but are not trains.

Mayor pro tem Evans inquired about the corridor leading toward Chatham County. She asked if the dramatic projected growth of Chatham County had been factored into the proposal. Mr. Bonk replied that assumptions about land use had changed since the process began in 1995. Changes in projections have reflected those changes, he said, such as the growth in East Chatham along US 15-501. Mr. Bonk commented that planners intend to do a better job of accommodating anticipated growth in both Chatham County and southern Durham County. He pointed out that alternative D included widening to four lanes the corridor that included Jack Bennett Road and Farrington Road.

Mayor pro tem Evans, noting that transit ridership in Chapel Hill had increased dramatically, wondered if the report's 39,000 riders per day was realistic. Mr. Bonk replied that ridership numbers in general were not as reliable as roadway numbers.

Council Member Strom inquired about the implications for Chapel Hill if the Council were to take no action but asked for additional information instead. Mr. Bonk replied that the Transportation Advisory Committee would meet on the 18^th to look at the Town's recommendations, the best case scheduling scenario, and information from federal and State agencies regarding time lapse. If the TAC does not make a decision then, Mr. Bonk said, the review process would be delayed by at least a month, which would be more like three months because of the holidays.

Council Member Strom commented that it was possible that the TAC would proceed without the Town having an opportunity for input. Mr. Bonk pointed out that the public and the Council would have an opportunity to comment on the preferred alternative.

Mayor Foy verified that the TAC would have an opportunity to modify the preferred alternative again before adopting it and sending it to the federal agencies.

Council Member Strom inquired about fiscal constraints associated with the project. Mr. Bonk replied that the TAC must develop a plan that is financially realistic. He explained that a comparison of the future revenues associated with all options had not yet been completed. The Town will make recommendations to the TAC based on what it can afford, he said. Mr. Bonk noted that the projection of future revenues would be based on judgements, such as the willingness of the region to increase taxes, and assumptions about future funding. He said that fiscal constraint would be an issue.

Council Member Strom remarked on the redundancy of the Southern Village to I-40 line and the proposed UNC central campus Horace William connection. He noted that both lines would travel north/south and make the same connection. Council Member Strom inquired about the possibility of eliminating the line down Cameron Avenue. Mr. Bonk replied that the line from Southern Village to I-40 would be oriented more toward local service. The other line would serve Carrboro, he said, and would go faster.

Council Member Strom pointed out that the Town would have an interest in taking people riding the Horace Williams line through downtown Chapel Hill, rather than funneling them through Carrboro. One of the benefits of fixed guideways, he said, was their effect on businesses and development in the center of towns. Mr. Bonk replied that both could be achieved by having the line go up Cameron Avenue to Franklin Street and then west on Franklin Street to Carrboro. He noted that the Council could add that to the resolution.

Mayor Foy commented that this change probably would not affect ridership and the model. Mr. Bonk agreed, adding that it might affect efficiency but the tradeoff is that it would be beneficial.

Council Member Bateman wondered about the possible shortsightedness of eliminating any option.

In response to a question by Mayor Foy, Mr. Bonk explained that Cameron Avenue had never been formally designated as a corridor. He advised against tying the plan to any particular corridor at this level of analysis. Mayor Foy, pointing out that a future Town Council could change the Council's preferences, suggested just making it a blurry connection between the Hospital and Horace Williams.

Council Member Harrison urged the Council to send Mayor Foy to the TAC on the 18^th with an opinion to offer. He agreed that a fuzzy approach, such as Mayor Foy had just outlined, would be the best one to bring in. Council Member Harrison predicted that there never would be trains where there is no track on the fixed guideways. That is not the direction that metropolitan areas are moving in, he said.

Council Member Ward supported the suggestion to have fuzzy lines in a number of places. He recommended being vague regarding the Horace Williams tract, too, as well as the corridors along Airport Road. Council Member Ward encouraged the Council to adopt Alternative C, describing it as transit-friendly by maximizing modes of transit other than single-occupancy vehicles. Council Member Ward advised Council members to be sensitive to the concerns of tonight's speakers regarding the Historic District, and pointed out that adopting Alternative C would not be ignoring their concerns.

Council Member Strom recommended being more specific regarding the Cameron Avenue area. Council Member Ward agreed, adding that he would like the line to turn on Franklin Street rather than Cameron Avenue.

Mayor Foy suggested that someone move R-9 and that the motion include the Council's sentiment that serving the Downtown business community should be part of the purpose of the connection between UNC and Horace Williams. This would help move things in that direction, said Mayor Foy, and convey current sentiment without giving a false sense of what will happen in the future.

Council Member Bateman noted that this would not eliminate a connection through Carrboro.

Mayor pro tem Evan verified from Mr. Bonk that the TAC was examining the issue she had raised regarding Chatham County and Fordham Boulevard.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-9 AS AMENDED TO SAY THAT THE SENTIMENT OF THE COUNCIL IS THAT THE FIXED TRANSIT LINE RUNNING BETWEEN THE UNIVERSITY AND HORACE WILLIAMS WOULD SERVE THE CHAPEL HILL DOWNTOWN BUSINESS DISTRICT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION PROVIDING THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE WITH A RECOMMENDATION ON THE DEVELOPMENT OF THE DURHAM-CHAPEL HILL-CARRBORO 2025 REGIONAL TRANSPORTATION PLAN PREFERRED ALTERNATIVE (2002-09-09/ R-9)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee is preparing a 2025 Transportation Plan; and

WHEREAS, as part of the development of the 2025 Plan the Transportation Advisory Committee is analyzing alternative transportation scenarios; and

WHEREAS, five alternative transportation scenarios have been identified and analyzed and;

WHEREAS, the Town Council has reviewed the analysis of the five alternatives;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council submits the following recommendations to the Transportation Advisory Committee for the development of the 2025 Regional Transportation Plan preferred alternative.

1. Alternative C should be used as the base for developing the preferred alternative.

2. Transit improvements, including improvements to local transit service and the implementation of fixed guideway systems, should be implemented prior to pursuing roadway expansions, especially the US 15—501 and Fordham Boulevard corridors.

3. Corrections should be made to the transit model network to more accurately reflect local and fixed guideway transit impacts in the preferred alternative.

4. It is the sense of the Council that the fixed transit line running between UNC and Horace Williams should serve the Chapel Hill Downtown Business Community.

This the 9^th day of September, 2002.

Item 8 - Meadowmont Hilltop and Greenways Condominiums

Special Use Permit Modification Request to Waiver of Fees

Town Planning Director Roger Waldon explained that the Council had previously approved Roland Gammon's request for expedited processing to correct a clerical error in his previously approved SUP. The purpose of tonight's meting, he said, was to discuss staff comments on Mr. Gammon's request for a waiver of the application fee. Mr. Waldon explained that the staff's recommendation was to reduce the $14,000 fee to $12,000 rather than waiving it.

Mr. Gammon explained that the error had been unintended. He asked for the Council's help in lowering costs, if possible.

Mayor Foy clarified that there would have been $9,160 additional fee for square footage if the application had been correct the first time. Mr. Waldon explained that the Council's fee schedule for SUPs and modifications stipulates a $5,000 base fee and an additional amount based on how much square footage is proposed. Mayor Foy concluded that charging the $9,160 was fair, but that the Town should not tack on another base fee and other fees.

COUNCIL MEMBER STROM MOVED R-10A. COUNCIL MEMBER WIGGINS SECONDED.

Mayor pro tem Evans described it as a "joint error," since the staff had not noticed it. She proposed a friendly amendment to divide the cost in half, but Council Member Strom replied that splitting the additional overhead as the staff had done seemed fair to him. He commented that Mayor pro tem Evans's amendment would ignore the principle that the Town covers its overhead in costs associated with applications. This would not be fair to the taxpayers, he said.

Mayor Foy repeated his view that the application fee had been paid the first time and that the change had been a minor one.

MAYOR PRO TEM EVANS MOVED TO AMEND THE AMOUNT TO $9,160, BUT THERE WAS NO SECOND.

In response to inquiries by Council Members Wiggins and Ward, Mr. Waldon explained that there would be costs involved in processing the new application for a modification of the SUP. But there would be less time involved, he said, so the staff had proposed reducing that fee.

THE MOTION WAS ADOPTED (7-2), WITH MAYOR FOY AND MAYOR PRO TEM EVANS VOTING NAY.

A RESOLUTION PARTIALLY WAIVING THE DEVELOPMENT REVIEW FEE FOR THE MEADOWMONT HILLTOP AND GREENWAYS CONDOMINIUMS FOR PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT MODIFICATION APPLICATION (2002-09-09/R-10a)

WHEREAS, the Town Council has received a petition from White Oak Properties, Inc., requesting that the development review fee for the Special Use Permit Modification seeking approval for the Meadowmont Hilltop and Greenway Condominiums application be waived; and

WHEREAS, the Town Council finds that the applicant, White Oak Properties, would be required to pay a development review fee of $14,160 for the particular Special Use Permit Modification application based on the adopted fee schedule; and

WHEREAS, this Special Use Permit Modification is necessary only for purposes of correcting the applicant’s clerical error and no substantive changes to the plans are involved;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to require payment of $12,160 for processing of the Special Use Permit Modification application for the Meadowmont Hilltop and Greenway Condominiums.

This the 9^th day of September, 2002.

Item 9 - Request form EmPOWERment, Inc.

Senior Long Range Planning Coordinator Chris Berndt outlined EmPOWERment, Inc.’s request to lease space in the Midway Business Center to Affordable Rentals Inc., a non-profit organization. She explained that this had come before the Council because the Council had previously stipulated in its Performance Agreement with EmPOWERment, Inc. that only up to 10% of the office space could be rented to non-profits. Ms. Berndt explained that R-11 would amend the Performance Agreement to allow EmPOWERment, Inc. to use up to 35% of the leasable space in the Midway Business Center for non-profits, including its own offices. Alternative R-12 would not grant the increase, she said, but would change the method of calculating space for use by non-profits.

Mark Chilton, representing EmPOWERment, Inc., noted the key issue in the federal statute involves how many of the jobs created through this economic development project go to low- to moderate-income people. He pointed out that about 61% of the jobs created through this project go to that population, adding that approval of this request would increase that percentage to 63% next year. Mr. Chilton explained that there were a number of vacancies in the building and that EmPOWERment, Inc. was eager to rent space and cover its mortgage. EmPOWERment, Inc. prefers to rent the space to low- and moderate-income business owners, he said, but they must take the market as they find it.

Ruby Sinreich, a Board member of Affordable Rentals, Inc., pointed out that a priority system for renting, combined with caps on limits, had put non-profits in a tight spot. She pointed out that being close to EmPOWERment would be useful to the endeavors of Affordable Rentals, which was willing to move out in a few years. Ms. Seinreich noted that Affordable Rentals was working to develop and maintain a stock of affordable, community-owned, rental housing and asked the Council to support R-11.

Alex Asburn, executive director of Affordable Rentals, Inc., asked the Town Council to support R-11. He said that Affordable Rentals would bring resources from outside the State and community and would generate wealth and business and provide services to members.

MAYOR PRO TEM EVANS MOVED R—11, AND COUNCIL MEMBER VERKERK SECONDED.

Council Member Strom, disclosing that he was a Board member of Affordable Rentals, stated that the distinguishing community good was the number of jobs that the Center creates. He offered an amendment to change the first "Now, therefore, be it resolved…" to "Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Council authorizes amendment of the Town's Performance Agreement with EmPOWERment, Inc. to eliminate the square footage cap for non-profit organizations." Council Member Strom recommended leaving the rest of R-11 intact and keeping the benchmark of 51% of the jobs serving lower- and moderate-income employees.

Ms. Berndt emphasized that the key issue is that 51% of jobs created must be for low- and moderate-income individuals. She noted that the Performance Agreement with EmPOWERment was for a small business incubator. Ms. Berndt pointed out that eliminating the cap would allow the entire building to be rented to non-profits, which would change the intent of that agreement. She stated, however, that it was the Council's local prerogative to do that, and added that the Council could make that change without federal Department of Housing and Urban Development (HUD) being involved.

Mayor pro tem Evans and Council Member Verkerk accepted Council Member Strom's amendment.

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

A RESOLUTION AUTHORIZING AMENDMENT OF THE TOWN’S PERFORMANCE AGREEMENT WITH EMPOWERMENT, INC. TO ELIMINATE THE SQUARE FOOTAGE CAP IN THE MIDWAY BUSINESS CENTER FOR NON-PROFIT ORGANIZATIONS (2002-09-09/R-11)

WHEREAS, the Town executed a Performance Agreement with EmPOWERment, Inc. for use of Community Development funds to develop the Midway Business Center on North Graham Street as a small business incubator; and

WHEREAS, on August 28, 2000, the Council authorized EmPOWERment, Inc. to rent up to 10% of office space in the Midway Business Center to non-profit organizations; and

WHEREAS, EmPOWERment, Inc. has requested that the Council increase the amount of office space rented to non-profit organizations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes amendment of the Town’s Performance Agreement with EmPOWERment, Inc. to eliminate the square footage cap in the Midway Business Center for non-profit organizations, including EmPOWERment’s offices.

BE IT FURTHER RESOLVED that EmPOWERment, Inc. will continue to annually certify that 51% of the jobs created by the businesses located in the Midway Business Center must benefit lower and moderate-income individuals (individuals earning less than 80% of the area median income by household size).

BE IT FURTHER RESOLVED that the Council authorizes the Manager to amend the Town’s Performance Agreement with EmPOWERment, Inc. to include these terms.

This the 9^{t h} day of September, 2002.

Council Member Wiggins asked Mr. Chilton if he would report back to the Council if it looked as though the business incubator part of the project was in jeopardy. Mr. Chilton replied that he would, explaining that short-term leases to businesses not owned by low- to moderate-income people were being given with the understanding they will leave when mission-oriented businesses apply. He explained that they would take a similar approach with non-profits.

Council Member Ward requested yearly updates to the Council, and Mr. Chilton agreed.

Item 10 - Appointments

10a(1). Bicycle and Pedestrian Advisory Board. Postponed.

10a(2). Parks and Recreation Commission. The Council appointed Terry Blalock.

Council Members

Parks and Recreation Commission Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Terry Blalock

Cory Brooks

Barry Starrfield

10b(1). Appointment of Voting Delegate to the National League of Cities and the N.C. League of Municipalities (Mayor Foy). Postponed.

10b(2). Appointment to the Triangle J Council of Governments/Institute of Government Task Force on Inclusionary Zoning. Council Member Strom and Mayor pro tem Evans volunteered to serve as Council Delegates.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO ADOPT R-14 WITH COUNCIL MEMBERS STROM AND EVANS AS DELEGATES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPOINTING COUNCIL MEMBER BILL STROM AND MAYOR PRO TEM PAT EVANS TO THE TRIANGLE J COUNCIL OF GOVERNMENTS/ INSTITUTE OF GOVERNMENT TASK FORCE ON INCLUSIONARY ZONING (2002-09-09/R-14)

WHEREAS, the Triangle J Council of Governments Board of Delegates and the Greater Triangle Regional Council adopted the Regional Principles for Development, including the principle that housing choices of different costs should be integrated within communities; and

WHEREAS, the Triangle J Council of Governments subsequently began researching effective Inclusionary Zoning programs; and

WHEREAS, two groups of regional leaders endorsed five State legislative strategies to implement the Regional Principles, including specific authorization for local governments to implement Inclusionary Zoning; and

WHEREAS, the Triangle J Council of Governments and the Institute of Government have announced the formation of a Task Force on Inclusionary Zoning and have invited at least one elected or appointed official from Chapel Hill to join; and

WHEREAS, the findings and guidance of the Task Force will be incorporated into a guide book published for local governments by the Institute of Government;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby appoints Council Member Bill Strom and Mayor pro tem Pat Evans to the Triangle J Council of Governments/Institute of Government Task Force on Inclusionary Zoning.

This the 9^th day of September, 2002.

Item 11 - Petitions

11a(1). Council Member Bateman regarding Sewer Reserve Funds.

Council Member Bateman petitioned Council members to remove the designation of sewer funds to Morgan Creek so that active sewer petitions could apply for that funding. She also requested comment from the staff and verification from Orange Water and Sewer Authority that there is no active petition from Morgan Creek.

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

11a(2). Mayor Foy regarding rain barrels.

Mayor Foy offered a petition to provide citizens with rain barrels, at cost, so that they may collect water for plants during emergency water restrictions.

Council Member Bateman ascertained that it was okay during restrictions to use captured water for outdoor plants.

Council Member Ward cautioned against using water containing soap or detergents, however.

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

11a(3). Council Member Verkerk regarding Streetscape benches.

Council Member Verkerk requested $4,000 in Town funds for a maintenance-free finish on street benches and for financial compensation to the artist who is working on them

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

Item 12 - Request for Closed Session to Discuss Property Acquisition,

Personnel, and Litigation Matters

Council Member Kleinschmidt read the following motion provided by the Town Attorney: I move that the Council go into closed session this evening, as authorized by North Carolina General Statute Section 143-318.11(a)(5)., to provide instructions to the Town staff concerning the position to be taken on behalf of the Town with respect to the possible acquisition of 308 McMasters Street Chapel Hill, N.C. (the Wadsworth/Caldwell property) and the property identified as Tax Map Reference 7.18..7A, Chapel Hill Township (the Everett property); and, in addition, as authorized by General Statute Section 143-318.1(a)(3), to provide instructions to the Town Attorney concerning the handling of a pending lawsuit in which the parties are the Town of Chapel Hill, the Chapel Hill Board of Adjustment, and DB & RB, LLC.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO GO INTO CLOSED SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting adjourned at 10:37 p.m.

Remainder of 2002

Thanksgiving Holidays

December

January

February

March

April

May

June

July

August

Columbus Day (not Town holiday)

December

Parks and Recreation Commission Applicants