SUMMARY MINUTES OF A BUSINESS MEETING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, NOVEMBER 11, 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 Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Personnel Director Pam Eastwood, Finance Director Jim Baker, Fire Chief Dan Jones, Planning Director Roger Waldon, Traffic Engineer Kumar Neppalli, Senior Long Range Planning Coordinator Chris Berndt, Engineering Director George Small, Parking Services Superintendent Brenda Jones, Public Works Director Bruce Heflin, Urban Forester Curtis Brooks, Principal Planner Gene Poveromo, Recreation Planner Bill Webster and Town Clerk Joyce Smith.

Item 1—Ceremonies: None

Item 2— Public Forum: None

Item 3—Petitions by Citizens and Announcements by Council Members

1. Bill Steinway regarding Traffic Accidents on U.S. 15-501.

Mr. Steinway, owner of Steinway Gallery in Chapel Hill, stated that he had witnessed several traffic accidents in front of his business on Fordham Boulevard. These accidents were caused, in part, by the exit and entrance at Fordham Square, he said. Mr. Steinway explained that a row of trees obscure drivers' vision in that area but that the State had refused to cut them down. He recommended that the Town at least put up a warning sign letting people know that the entrance to Fordham Square is coming up and that cars will be coming out of that side street. Mr. Steinway suggested that the Council consult police reports to see how many auto accidents have occurred in that spot over the past few years.

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

2. C. William Davis regarding Support for Construction of a Higher and Longer Bridge Over New Hope Creek between Mt. Moriah and Garrett Roads.

Mayor Foy noted that this issue had also come up at a recent Transportation Advisory Committee meeting. He said that this fragile habitat should be respected and that the bridge will be there indefinitely. Mayor Foy stated that there was much sentiment for spending the extra money on this project.

Council Member Harrison pointed out that he had given the Town Manager a copy of a similar resolution adopted by the City of Durham, which Chapel Hill might use as a guide.

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

3. Susan Levy of Habitat for Humanity regarding a Request for Funds to Purchase Land.

Susan Levy, Executive Director for Habitat for Humanity, asked the Town to participate in the purchase of a piece of property on Sunrise Road in Chapel Hill. The land will be developed for affordable housing with Habitat as the primary developer, she said. Ms. Levy explained that it was necessary to close the deal on the land in February. Habitat had been counting on Land Bank funds from Orange County, she said, but those funds will not come through early enough. Ms. Levy stated that Habitat had committed $100,000 toward the $400,000 purchase price and had approached both the Town and the County for funds. Orange County will consider Habitat's request on December 2nd, she said. She pointed out that there were only 12 single-family lots in Chapel Hill, with a waiting list of 400 people and the majority of those people work in Chapel Hill.

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

4. Will Raymond regarding Street Light Problem on Mt. Bolus Road.

Mt. Bolus Road resident Will Raymond stated that the streetlight that the Town had reinstalled in front of his house has been reoriented to point toward his house. The bare bulb is visible, he said, and there is intense light trespass of 50 feet or more into his yard. Mr. Raymond said that this violates the 300-foot minimum spacing. He noted that his house was bracketed by two lights, with the new light being 157 feet from his property. Mr. Raymond proposed moving the light to restore the spacing as required by Town ordinances. The 40-foot buffer of woods would then block the light from his house, he said, adding that this would also lift the lights up and provide lighting for his neighbor, Ms. Crook, who had requested that. Mr. Raymond also asked that the Town use a full cutoff, shielded fixture.

Mr. Raymond noted that this was the fifth time over the last 3-1/2 years that he had come before the Council regarding this issue. He expressed dismay that the Town had not yet accommodated his simple request.

Council Member Bateman, describing this as a "neighbor versus neighbor" situation, confirmed with the Town Manager that nothing would be done without contacting the other neighbors as well.

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

5. Joann Shirer-Mitchell, regarding the Last Bullet on Page Three of Item 4c.

Ms. Shirer-Mitchell requested that the last bullet on page three of Item 4c, Performance Agreement with the Chapel Hill-Carrboro Residents Council, be corrected to say "two applications" rather than "twelve applications." Town Manager Cal Horton explained that this was a typing error. He pointed out that page 10 of the resolution's attachment was correct.

Announcements by Council Members.

Council Member Kleinschmidt announced that the Triangle Transit Authority would hold a customer feedback session on November 2, 2002, in the Council Chamber and that all citizens were invited to attend.

Council Member Kleinschmidt announced that the Orange County Human Relations Commission was accepting nominations for the Pauli Murray Award. He encouraged all citizens to think about nominating someone for this award, which recognizes individuals, members of the youth community, and businesspeople who have worked to improve tolerance and acceptance for social justice. Council Member Kleinschmidt noted that nominations should be submitted before January 31, 2003.

Mayor Foy announced that the NC Department of Transportation would hold a public hearing regarding Weaver Dairy Road at 7:00 pm on November 14, 2002, at East Chapel Hill High School.

Item 4—Consent Agenda

Council Member Harrison noted that there was a line missing at the bottom of 4e, Consideration of On-Street Parking Restriction on Carver Street. Mr. Horton explained that the owner of several apartments had objected to the change, and apologized that the line had been omitted.

With regard to 4e and 4f, Parking on Mason Street, Council Member Ward inquired about the implications of enforcing parking restrictions on Carver and Mason Streets. Mr. Horton replied that doing so would take an insignificant amount of time. Council Member Ward verified that people would be satisfied with the change that there would be backup enforcement to go with it.

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-11-11/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:

4a. Nominations to various boards and commissions (R-2).

4b. Budget Amendment for Advertisements related to Open Letter to the Community (Land Use Management Ordinance) (O-1).

4c. Performance Agreement with the Chapel Hill-Carrboro Residents' Council.

4d. Acceptance of State Funds for Street and Drainage Improvements (R-4a); (R-4b).

4e. Consideration of On-Street Parking Restrictions on Carver Street (Manager recommends O-2a; Council may alternatively approve O-2b).

4f. Consideration of On-Street Parking Restrictions on Mason Street (O-3).

4g. Report on Petition regarding Traffic Concerns on West Rosemary Street (O-4).

4h. On-Street Parking Restrictions in Southern Village (O-5).

4i. Deleted.

4j. Scheduling a Public Forum on Public Access Fee (R-6).

4k. Response to Petitions regarding Library Fines and Fees (R-7).

4l. Ordinance to Increase Library Board Membership (O-6).

4m. Acceptance of Proposed Easement for Booker Creek Linear Park (R-8).

4n. Proposed Changes in Existing Metered On-street Parking Spaces on West Franklin Street between Roberson Street and Graham Street (O-7a, O-7b).

This the 11^th day of November, 2002.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2002-11-11/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:

Horace Williams Citizens Committee

Albert Burk

Randy Kabrick

Stephen Manton

This the 11^th day of November, 2002.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002” (2002-11-11/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, be and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Non-Departmental
Contingency	28,629		2,300	26,329

Manager/Clerk	949,369	2,300		951,669

This the 11^th day of November, 2002.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A PERFORMANCE AGREEMENT WITH THE CHAPEL HILL-CARRBORO RESIDENTS’ COUNCIL (2002-11-11/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Performance Agreement with the Chapel Hill-Carrboro Residents’ Council in the amount of $28,500.

This the 11^th day of November, 2002.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE STATE FOR $60,000 TO PERFORM STREET AND DRAINAGE IMPROVEMENTS ON STATE ROADS IN CHAPEL HILL UNDER STATE PROJECT #9.8070385 (2002-11-11/R-4a)

WHEREAS, the North Carolina Department of Transportation and the Town of Chapel Hill desire improvements within the Town under State Project #9.8070385 (Orange County) consisting of street and drainage improvements at various locations along SR 1010 (East Franklin Street) in Chapel Hill; and

WHEREAS, the Town of Chapel Hill agrees to prepare, provide and/or obtain any necessary environmental/planning documents, permits, plans, specifications, estimates, rights-of-way, municipally owned utility relocations/adjustments, contract awards, and project supervision; and

WHEREAS, the Department agrees to participate in the actual construction costs of the improvements in an amount not to exceed $60,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Project #9.8070385 is hereby approved and that the Town Manager and Town Clerk are hereby authorized to sign and execute a Municipal Agreement with the North Carolina Department of Transportation for said project.

This the 11^th day of November, 2002.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE STATE FOR $40,000 TO PERFORM STREET AND DRAINAGE IMPROVEMENTS ON STATE ROADS IN CHAPEL HILL UNDER STATE PROJECT #9.8070386 (2002-11-11/R-4b)

WHEREAS, the North Carolina Department of Transportation and the Town of Chapel Hill desire improvements within the Town under State Project #9.8070386 (Orange County) consisting of street and drainage improvements at various locations along NC 86 (N. Columbia Street/Airport Road) in Chapel Hill; and

WHEREAS, the Department agrees to participate in the actual construction costs of the improvements in an amount not to exceed $40,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Project #9.8070386 is hereby approved and that the Town Manager and Town Clerk are hereby authorized to sign and execute a Municipal Agreement with the North Carolina Department of Transportation for said project.

This the 11^th day of November, 2002.

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2002-11-11/O-2a)

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 adding the following in appropriate alphabetical order:

“Street Side From To

Carver Street West McMasters Street End”

Section 2. This ordinance shall become effective December 9, 2002.

This the 11^th day of November, 2002.

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2002-11-11/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 adding the following in appropriate alphabetical order:

“Street Side From To

Mason Street West McMasters Street End”

Section 2. This ordinance shall become effective December 9, 2002.

This the 11^h day of November, 2002.

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING SPEED REGULATIONS (2002-11-11/O-4)

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

Section 1. Section 21-11 (B) (2) of the Town Code of Ordinances, “Twenty-five (25) miles per hour on the following streets.” is hereby amended by deleting the following:

“~~Rosemary Street~~ (~~Church Street~~ ~~to west town limits)”~~

Section 2. Section 21-11 (B) (2) of the Town Code of Ordinances, “Twenty-five (25) miles per hour on the following streets.” is hereby amended by adding the following in appropriate alphabetical order:

“West Rosemary Street (from Columbia Street to west Town limits)”

Section 3. This ordinance shall become effective upon adoption.

This the 11^th day of November, 2002.

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING PARKING AS TO PARTICULAR STREETS (2002-11-11/O-5)

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 the appropriate alphabetical order:

“Street Side From To

Brookgreen Drive East Edgewater Circle Highgrove Drive

Brookgreen Drive West Highgrove Drive A point 50 feet south

of Highgrove Drive

Calderon Drive Both Arlen Park Drive Over Lake Drive

Glade Street Both Highgrove Drive A point 50 feet north

of Highgrove Drive

Glade Street Both A point 50 feet east of A point 50 feet west

Westside Drive of Westside Drive

Glade Street East A point 145 feet west of A point 290 feet west

Westside Drive of Westside Drive

Glen Haven Drive North A point 100 feet south of A point 215 feet south

Highgrove Drive of Highgrove Drive

Highgrove Drive South A point 100 feet west of A point 50 feet east of

Glade Street Brookgreen Drive

Highgrove Drive North A point 100 feet west of A point 50 east of

Glade Street Glade Street

Highgrove Drive North A point 50 feet east of Nolen Lane

Westside Drive

Hillspring Lane Both Highgrove Drive A point 50 feet east of

Highgrove Drive

Newell Street West Westgreen Drive Edgewater Circle

Parkside Circle North Meeting Street A point 340 feet west

of Meeting Street

Parkview Crescent Both Glade Street A point 50 feet east of

Glade Street

Westside Drive Both A point 50 feet east of A point 50 feet west

Glade Street of Glade Street

Westside Drive South A point 76 feet of west A point 225 feet west

of Highgrove Drive of Highgrove Street

Winston Ridge Drive Both Newell Street A point 50 feet west

of Newell Street”

Section 2. This ordinance shall become effective December 23, 2002.

This the 11^th day of November, 2002.

A RESOLUTION REGARDING THE SUPPLEMENTAL PUBLIC ACCESS RATE FOR CABLE TELEVISION IN CHAPEL HILL (2002-11-11/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum on November 25, 2002, to receive comments on whether the supplemental public access rate should be: adjusted for inflation to 71 cents per month; continued at the present rate of 70 cents per month; reduced; or eliminated.

This the 11^th day of November, 2002.

A RESOLUTION REVISING THE LIBRARY’S USER FEE SCHEDULE AND REDUCING THE INTERLIBRARY LOAN FEE TO $1 (2002-11-11/R-7)

WHEREAS, the Library Board of Trustees and various citizens have requested that the interlibrary loan fee be reduced from $10 to $1; and

WHEREAS, the demand for has been significantly reduced due to the fee introduced on July 1, 2002; and

WHEREAS, a decrease in the interlibrary loan fee may generate an increased use of this service;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town interlibrary loan fee is reduced to $1.00.

This the 11th day of November, 2002.

AN ORDINANCE AMENDING SECTIONS 2-141 AND 2-142 OF THE CODE OF ORDINANCES REGARDING THE NUMBER OF MEMBERS TO SERVE ON THE LIBRARY BOARD OF TRUSTEES (2002-11-11/O-6)

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

Section 1. The first paragraph of Section 2-141 of the Town Code is hereby revised to read as follows:

“The library board of trustees shall consist of ~~seven (7)~~ nine (9) appointed members as hereinafter provided. Their terms of office shall be four (4) years or until their successors are appointed and qualified.”

Section 2. Section 2-142 of the Town Code is hereby revised to read as follows:

“Sec. 2-142. Appointment; vacancies.

~~Seven~~ Eight members shall be appointed by the mayor and council. One additional member shall be a resident of Orange County appointed by the Orange County Board of Commissioners. Vacancies shall be filled in the same manner as original appointment.”

Section 3. This ordinance change shall become effective upon adoption.

This the 11^th day of November, 2002.

Item 5—Information Items

With regard to page 29 of item 5b, Report on Council Goals, Mayor pro tem Evans requested information on whether the Town could use other options, such as private funding, to construct the sidewalk along Fordham Boulevard.

THE INFORMATION REPORTS WERE RECEIVED BY CONSENSUS OF THE COUNCIL.

Items Deferred from October 21, 2002 Regular Meeting:

Item 6 - Disposition of the Greene Tract

Senior Long Range Planning Coordinator Chris Berndt reviewed the history of the Greene Tract, noting that it had been purchased by Orange County, Carrboro and Chapel Hill jointly in 1984 for a landfill. The three parties had agreed in 1999/2000 to convey 60 acres to Orange County, she said. Ms. Berndt explained that distribution of the remainder would be mutually determined through a process created by a Greene Tract Work Group, which includes Mayor Foy and Council Member Strom. She stated that the Work Group had met several times between October and June of 2002 and had developed a concept plan, which has the following components:

· Affordable Housing (18.1 acres)

· Open Space (85.9 acres)

· Orange County land (60 acres)

The intent of the current Board of Commissioners, said Ms. Berndt, is that the 60 acres of Orange County land remain undisturbed. She noted that the last time the Council had addressed this in May there were 11 undecided acres. The Work Group has since decided that these should go into open space and affordable housing, Ms. Berndt said. She explained that the Work Group Resolution of June 26, 2002, included the following:

· Endorsing concept plan

· Protecting open space area by conservation easement (to be done between 7/1/03 and 6/30/05)

· Orange County should consider conservation easement for its 60 acres as well

· Chapel Hill should consider Small Area Plan for the area west of the Greene Tract and for the Purefoy Road area

· Rename property to recognize headwaters of Bolin Creek, Booker Creek and Old Field Creek

· Recognize public investment that has already been put into the site

· Put affordable housing site into Land Trust in the future

· Investigate options for paying back Landfill Fund for the affordable housing and open space sites.

Ms. Berndt pointed out that the Town's Comprehensive Plan shows the Greene Tract being used for housing and open space. She added that the Assembly of Governments had decided in the spring of 2002 that they would not adopt the Town's Comprehensive Plan in the northern area until the Greene Tract issue was resolved. Ms. Berndt added that Orange County had looked at this proposal on October 15, 2002, and that Carrboro would be looking at it on November 19, 2002. The staff recommended adoption of Resolution 9, she said, which would endorse the concepts, including the concept plan. Ms. Berndt added that the Planning Board Chair could not attend tonight's meeting but had asked that the Council note the Board's recommendation (attachment #7) to adopt the resolution with specific additional points.

Former Council Member Joyce Brown stated that a reasonable compromise had been reached. She encouraged the Council to adopt Resolution 9. With regard to the next phase of the process, Ms. Brown asked, on behalf of several environmental groups, that the Greene Tract be developed in a "truly green way." She suggested that a committee made up of representatives of environmental groups bring a proposal to the Council for a process and general goals on how this area is built. Ms. Brown emphasized that this would be separate from the planning process involving neighbors of the Greene Tract. She asked the Council for a response on whether it would entertain such a proposal on how to develop the designated acreage in the greenest way possible. Ms. Brown described this as a unique opportunity to be a model in North Carolina for how to build, for now and for the future.

Council Member Bill Strom moved resolution 9.

Council Member Strom commented that the resolution was a reasonable compromise. He said that the Town was taking another step toward making a timeless and invaluable gift of undisturbed open space for future generations in Chapel Hill, noting that the Greene tract was the headwaters of three significant watersheds and in an environmentally sensitive part of Town. Council Member Strom predicted that the Town Council would be remembered by future generations for their wisdom and their stewardship of this tract.

Council Member Edith Wiggins seconded the motion.

Mayor pro tem Evans pointed out that the resolution the Council had previously adopted included affordable and moderately priced housing. She said that she had recommended the previous resolution as a way of avoiding segregating a community that was of a specific income level. Mayor pro tem Evans expressed hope that the Council would add moderately priced housing to this resolution. She said that she hoped they would add more land for development as well, since this is a reasonable area in which to provide more housing.

Mayor pro tem Evans said that the headwaters would be adequately protected with the required 150-foot buffers on each side and that this leaves a great deal of other land that could be developed. She pointed out that the Planning Board had recommended doing a small area plan before adopting anything else, and that the lack of opportunity for public comment troubled her. Mayor pro tem Evans argued that it was not necessary to place this land in conservancy, which would lock the Town into something that makes the future a given. She said that she preferred leaving the possibility of future development there.

Mayor Foy, noting that he was a member of the Committee that helped negotiate this, gave the resolution his full support. The Town has an obligation to balance the needs of conservation and housing, he said. Mayor Foy noted that the Town hoped to buy open space around Town. He pointed out that there was a significant amount of land in the Greene Tract that could serve as permanent open space for the headwaters and wildlife corridors, as well as for other environmental benefits. Mayor Foy praised the plan and expressed hope that the Council would endorse it tonight.

Council Member Ward asked if there had been any discussion of including moderately priced housing, noting that the Town usually does prefer a mix of housing types. Mayor Foy replied that the definition of "affordable housing" was vague. The neighbors had not yet been included, he said, and the Work Group does not yet know the cost of extending water and sewer to that area or when the nearby Neville Tract will be available. Mayor Foy added, though, that no one had thought that it would be only one kind of affordable housing.

Council Member Ward recommended that "affordable housing" carry the broadest definition possible.

Council Member Bateman noted that affordable housing allows up to 100% of median income. Mayor Foy added that the financial mechanism that they use might also compel a mix of housing.

Council Member Wiggins asked Ms. Brown if the group she had described would necessarily be separate from the citizen group working on the small area plan. Ms. Brown replied that she envisioned her group as presenting a process that would address how the buildings are constructed. It would be separate from the neighborhood group, she said, but it could be incorporated in any way that the Council wanted.

Council Member Wiggins, expressing concern about having to choose between different sets of recommendations, suggested finding a way to combine the process and get the best advice along with citizen input.

Council Member Verkerk commented that there was much interest among Council members in obtaining environmental advice.

Council Member Ward remarked that the Council could use a number of agencies and guidelines to help develop a process that will be "light on the land" and sustainable in many ways.

Mayor Foy pointed out that another Town goal is to make efficient use of the Public Works site. So, there were three potential uses for Ms. Brown's idea, he said. He suggested approaching it in a comprehensive way rather than having to redo it every time they have this discussion.

Council Member Verkerk noted that this might hasten the work of the advisory board on sustainability and energy. It might be a way of having one board deal with all three, she said. Ms. Brown agreed that anything that is developed would be transferable and useable for something else. She agreed to talk with her environmental groups about the idea.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT R-9. THE MOTION WAS ADOPTED (8-1), WITH MAYOR PRO TEM EVANS VOTING NAY.

A RESOLUTION APPROVING A CONCEPT PLAN FOR THE PORTION OF THE GREENE TRACT IN JOINT OWNERSHIP (2002-11-11/R-9)

WHEREAS, Orange County and the Towns of Carrboro and Chapel Hill acquired the property known as the Greene Tract in 1984 as an asset of the joint solid waste management system; and

WHEREAS, title to 60 acres of this property was deeded exclusively to Orange County in 2000 under the provisions of the 1999 Interlocal Agreement for Solid Waste Management; and

WHEREAS, Orange County, Carrboro and Chapel Hill agreed on a process to be pursued jointly to resolve the disposition of the remaining acres of the Green Tract, including appointment of the Green Tract Work Group; and

WHEREAS, the Greene Tract Work Group has adopted a resolution on June 26, 2002 reporting the recommended concept plan for the Greene Tract and other points of agreement as contained in Attachment 4 of the Manager’s Memorandum to Council of October 21, 2002;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the accompanying map as shown in Attachment 3 of the Manager’s Memorandum to Council of October 21, 2002, as the concept plan for that portion of the Greene Tract not deeded exclusively to Orange County, with the acreage to be set aside for open space protected by conservation easements approximating 85.9 acres and the acreage for affordable housing approximating 18.1 acres.

BE IT FURTHER RESOLVED that the Council agrees that the acreage for affordable housing be placed in the Land Trust.

BE IT FURTHER RESOLVED that the Council requests that the Town Manager investigate options with the Managers of Orange County and Carrboro for reimbursement of the Solid Waste/Landfill Enterprise Fund for the portions of the site designated for affordable housing and open space.

BE IT FURTHER RESOLVED that the Council recommends that the triggering mechanism for reimbursement to the Solid Waste/Landfill Enterprise Fund should be formal action taken by all three boards to approve conservation easements protecting the designated open space, with such approvals taking effect no sooner than July 1, 2003, and no later than July 1, 2005.

BE IT FURTHER RESOLVED that the Council recommends that the following additional steps be taken:

· The area shown on the concept plan as open space be protected by executing a conservation easement among appropriate parties;

· The Board of County Commissioners consider protecting its 60 acre portion of the Greene Tract by executing a conservation easement with an appropriate party;

· The Chapel Hill Town Council consider initiating a small area planning process to examine desirable land uses for the Purefoy Road area;

· The property be renamed in a manner that recognizes the significance of this area as the headwaters for three important streams (Bolin Creek, Old Field Creek, and Booker Creek); and

· The governing boards take note of the public investment already made in the general vicinity of the Greene Tract, as catalogued in Attachment 6 to the Manager’s Memorandum to Council of October 21, 2002.

This the 11^th day of November, 2002.

Item 7—Consideration of Uses for Additional Revenue

for Current Budget Year

7a. Update on Current-Year Revenues and Estimates of Additional Revenue Expected for the Current Year.

Mr. Horton pointed out that the economy had slumped in the last fiscal year. The sales tax had also gone down and the governor had held on to a significant portion of revenues due to the Town, he said. Mr. Horton stated the Council had no choice in July but to adopt a budget, set a tax rate, and move on. Since then, however, the legislature has adopted a bill that enabled Orange County to move ahead with the imposition of a local option sales tax, he said, adding that this will generate about $400,000. Also, the Town has received the first portion of the utilities franchise tax, at $1,630,000, he said. Mr. Horton cautioned that the Town can not be sure it will receive the remainder of the funds that ordinarily would be distributed to the Town because the governor did not sign the bill requiring him to relinquish those. He recommended, therefore, allocating part of the $1,630,000 and using part to create a reserve.

7b. Recommended Uses of Additional Revenue for Current Budget Year.

Mr. Horton noted that the Council had previously determined that these funds would be used for employee compensation. He recommended that this be done, effective on December 1st. In addition, Mr. Horton suggested making Capital Improvements Program (CIP) contributions of $815,000, which would enable the Town to fund a list of projects that the Council had reviewed early in the budget process, as well as a project involving flooding at a house on Burning Tree Drive. He advised establishing a stormwater utility and restoring $167,000 of the debt service reserve funds. Mr. Horton strongly recommended that the Town spend the $1,630,000 on these projects. He added that he hoped to have other recommendations in February if the governor does not withhold more funds.

Council Member Verkerk asked for additional information on the Burning Tree Drive drainage problem. Town Engineering Director George Small explained that the culverts had not been large enough and that water was backing up on the upstream side of the pipe. The remedy was to increase the pipes and channel the water downstream to its discharge point, he said. Mr. Horton noted that this had come to the Town's attention about a year ago and had been moved to the top of the priority list.

Council Member Harrison commented that this was more than just a simple drainage problem. It could be the Town’s first participation in the North Carolina Wetlands Program and could significantly improve the watershed there, he said.

Mayor pro tem Evans asked how the step increase of 3.78% would affect the Police Department's ability to be competitive in recruiting. Mr. Horton replied that it would provide merit increases, not pay range changes. Pay range changes would be a complex endeavor requiring more careful analysis, he said.

Council Member Bateman asked how many more years it would be before the Town would be in total compliance with the Americans with Disabilities Act. Mr. Horton replied that the Town was currently in compliance with the law. He added that he did not know off hand about the inventory of curb ramps that still need to be constructed. Council Member Bateman asked to receive a figure some time in the future. Public Works Director Bruce Heflin said that the Town had just completed its inventory. He agreed to give Council Member Bateman that information within the week.

Council Member Ward inquired about what would happen with next year's budget if the governor withholds Town funds. Mr. Horton replied that he was concerned about later this year. If the governor does that again, he said, then the Town would immediately file lawsuits. There would be a quick settlement, through the courts or through the politics of the process, Mr. Horton said, because of the nature of the public interest involved. He added that the Town would then know what the circumstance would be for upcoming years. Council Member Ward continued to express concern about the governor again withholding funds and asked what that would do to revenue. Mr. Horton replied that the sales tax would generate about $1.2 million for the next fiscal year. Since the governor cannot take those sales tax funds, he said, the Town will be in "fairly sound shape."

Mayor Foy stated that one way to view the Manager's proposal is that $167,000 is to replace debt service reserves and about $300,000 in the CIP is for installment payments. He asked if those payments would start this year, and Mr. Horton replied that it was possible. Mayor Foy agreed with Council Member Ward that it would be wise to be cautious. Mr. Horton repeated, however, that the $1.2 million in sales tax revenue would be sufficient to continue the expenditures, such as employee pay and long-term debt.

Council Member Strom stated that money earmarked for CIP projects, such as the Post Office renovation, often gets carried over to the next fiscal year due to design, bidding and the general red tape that goes with the construction process. He inquired about the Post Office renovation schedule. Assistant Town Manager Sonna Loewenthal replied that the design for the Post Office project would begin in the fourth quarter of this year. Council Member Strom and Mr. Horton discussed whether the timing of the Post Office project could be changed to free funds for other projects. Mayor Foy pointed out that the plan had been to accumulate funds even if they are not spent this year. Mr. Horton agreed, but pointed out that the Council could postpone the Post Office project to next year and use those funds for something else.

Mayor Foy noted that some things on the list, such as pay adjustments and first phase stormwater, were more time-sensitive than others. Council Member Strom asked how allocating the money as outlined would affect the petition from Alan Rimer and Judith Weisman regarding a stormwater utility. Mr. Horton replied that it would be preferable to go ahead and develop the utility so that the Town would ultimately have an income stream to pay for the kinds of services and capital improvements that it will need to comply with the MPDUS. Council Member Strom wondered if there was an opportunity to borrow against that future revenue stream and use the cash for infrastructure projects. Mr. Horton resisted that suggestion, noting there was no future income stream to count. Council Member Verkerk verified that granting the pay increases would help with the compression issue.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO APPROVE PAY ADJUSTMENT AT $478,000 AND FIRST PHASE OF STORMWATER MANAGEMENT UTILITY AT $170,000 AND DEFER REMAINDER UNTIL MANAGER REPORTS BACK WITH MORE INFORMATION. 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, 2002” (2002-11-11/O-9)

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

Mayor/Council 234,206 591 234,797

Town Manager/Town Clerk 949,369 16,021 965,390

Personnel 524,024 8,214 532,238

Finance 875,669 12,703 888,372

Information Technology 632,306 7,328 639,634

Legal 232,961 4,960 237,921

Planning 991,013 17,704 1,008,717

Inspections 706,419 10,681 717,100

Engineering 1,070,961 16,584 1,087,545

Public Works 9,725,136 116,126 9,841,262

Police 9,186,204 145,862 9,332,066

Fire 4,839,891 76,286 4,916,177

Parks & Recreation 2,105,157 20,137 2,125,294

Library 1,958,160 24,803 1,982,963

Non-departmental 3,561,832 170,000 3,731,832

CAPITAL IMPROVEMENTS

FUND 818,480 170,000 988,480

TRANSPORTATION FUND 9,710,556 118,000 9,828,556

ARTICLE II

Current Revised

Budget Increase Decrease Budget

REVENUES

GENERAL FUND

State-shared Revenues 8,523,000 648,000 9,171,000

CAPITAL IMPROVEMENTS

FUND 818,480 170,000 988,480

TRANSPORTATION FUND 9,710,556 118,000 9,828,556

This the 11^th day of November, 2002.

Item 8 - Downtown Streetscape and Pedestrian Lighting Options

Town Forester Curtis Brooks explained that streetscape improvements at the 100 blocks of East Franklin and Columbia Streets had been nearly completed. He said that this included the underground conduit to support new light fixtures. The two final improvements still needed, he said, were new street and pedestrian level lighting and new mast arm signalization poles. Mr. Brooks outlined pole options, and gave the estimated costs of each:

1. Duke Power Company upgraded poles and fixtures, with an installation cost of $96,000 and an annual operating cost of $2,700.

2. Custom poles and fixtures owned by Duke Power Company, with an installation cost of $292,000 and an annual operating cost of $3,800.

3. Custom poles and fixtures owned by the Town, with an installation cost of $200,000 and an annual operating cost of $4,000 - $6000.

4. Duke Power Company standard poles and fixtures, with an installation cost of $0 and an annual operating cost of $2,700.

Mr. Brooks recommended option #1 because it would provide substantial improvements and good lighting at a relatively moderate cost.

Robert Humphreys, Executive Director of the Downtown Commission, noted that streetscape had caused a loss of some Downtown lighting. He recommended option #2, and asked the Council to make a decision tonight that would bring better lighting to the Downtown area.

Mayor pro tem Evans moved option #2.

Mayor pro tem Evans described this as a long-term expenditure. She expressed hope that the Town could arrange with Duke Power to allow the new Christmas decorations to be used. Mayor pro tem Evans determined from Mr. Brooks that there would be twenty-seven poles and that the six signal replacements would be dark green.

Council Member Verkerk seconded the motion.

Council Member Strom inquired about the difference between options #1 and #2. Mr. Brooks explained that the spacing from option #1 would provide good lighting but would not be quite as uniform as with options #2 and #3.

Mayor Foy said that he was persuaded by Mayor pro tem Evans's comments that option #2 was the better one. The price, when amortized over 50 years, is not much more expensive, he said.

Council Member Ward requested more information about electrifying for Christmas decorations. Mr. Horton noted that Mr. Gardner of Duke Power was in the audience and might want to answer that. Mr. Brooks noted that Duke Power would not guarantee maintenance for more than 30 years with option #2.

Scott Gardner, representing Duke Power, explained that the Town has been offered an alternative for Christmas decorations that requires a receptacle wired in a separately metered circuit. He said that some at Duke Power have encouraged their engineering and lighting group to come up with a better alternative, but, to this point they have not done so. Mr. Gardner concluded that he cannot promise anything regarding Christmas lights in time for this season. Mr. Horton noted that the Snowflakes could be mounted but could not be illuminated.

Council Member Harrison determined from Mr. Brooks that options #2 & #3 would have the least upward lighting of all.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT OPTION R-10 AS AMENDED TO ACCEPT OPTION #2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO REQUEST THAT DUKE POWER COMPANY INSTALL NEW STREET AND PEDESTRIAN LIGHTS AS INDICATED ON THE PLAN FOR PHASE ONE DOWNTOWN LIGHTING IMPROVEMENTS (2002-11-11/R-10)

WHEREAS, the Downtown Streetscape Master Plan was adopted as part of the Town’s Comprehensive Plan; and

WHEREAS, lighting improvements are a fundamental part of the Town’s Downtown Streetscape Master Plan; and

WHEREAS, the Council has received reports comparing various options for design, ownership and maintenance of a system of downtown lighting; and

WHEREAS, the Council has determined that the optimal arrangement for improving downtown lighting, given budgetary constraints, is to work with Duke Power Company to install upgraded decorative poles and fixtures;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit a request to Duke Power Company for the installation of street and pedestrian lighting downtown according to the Phase 1 Downtown Streetscape Lighting Plan using Duke Power Company’s upgraded decorative poles and fixtures.

This the 11th day of November, 2002.

Item 9—Request for the Council to Direct Town Staff to Research Options

for Improved Pedestrian Safety on Airport Road

Mayor Foy explained that he and Council Member Bateman were asking the Council to begin the process of developing safety for pedestrians on Airport Road.

Council Member Bateman moved that the Council direct the Town staff to explore pedestrian safety options for Airport Road. Council Member Verkerk seconded.

Council Member Verkerk suggested finding out what would be involved with having the Highway Safety Research Council take this on. Mr. Horton agreed to contact that group.

Council Member Ward suggested broadening the inquiry beyond Airport Road to include other highways with four or more lanes where, for example, a bus stop is located across the road from a major residential complex. He suggested including the possibility of changing bus routes so that people do not have to cross the road.

Mayor Foy stated that he and Council Member Bateman had made this request specific to Airport Road in an attempt to confine it to something manageable. Noting that this could help guide the Town in other areas as well, he expressed a preference for keeping the focus on Airport Road. Mayor Foy suggested asking the staff to identify other areas of Town where there is a problem. Mr. Horton agreed to do an inventory of problem areas using bus drivers. He added that he would try to work that into the discussion of rerouting and for developing a template for solving such problems.

Council Member Bateman agreed with the suggestion to focus on Airport Road but also do the inventory.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0.

November 11, 2002 Regular Meeting:

Item 10—Comprehensive Annual Financial Report and Auditor's Letter

Finance Director Jim Baker introduced Victor Blackburn, of McGladrey & Pullen, to make the presentation. Mr. Blackburn noted that page three of the financial report presents McGladrey & Pullen's opinion of the accounting practices of the Town of Chapel Hill. He said that the Town had received an "unqualified" opinion for this year's audit, which is the best opinion that an accounting firm can give an organization. Mr. Blackburn noted that they had also done an audit of federal and State funds received by the Town and how the Town used those funds in accordance with grant agreements. McGladrey & Pullen had found "no questionable cause," which he said the Town should be proud of.

Mr. Blackburn pointed out that the Town will be required to adopt GASB No. 34 in the upcoming fiscal year. This will change the format of the financial statements, he said. Mr. Blackburn thanked Mr. Baker and the Chapel Hill Finance Department for their hard work. He noted that Moody had given the Town an AAA bond rating and that Standard and Poors had given it an AA+. This is the highest bond rating that a Town can have, he said, adding that the State's downgrading had not affected the Town. Chapel Hill still has the least amount of interest payments that is required under bond agreements, Mr. Blackburn said.

Mayor Foy praised Mr. Baker and the Finance Department for the excellent work that they do. He commented that the Town consistently gets the highest rating every year. Mr. Baker gave credit to Kay Johnson and her Accounting staff for helping to make this possible.

Item 11—Proposed Rezoning of Colonial Heights and

Pinebrook Estates Areas: Zoning Atlas Amendment

Mayor pro tem Evans asked if the nonconforming lots would be restricted from adding on a family room or master bedroom suite, etc. Mr. Waldon replied that they would not be.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT ORDINANCE 10A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE COLONIAL HEIGHTS AREA (2002-11-11/O-10a)

WHEREAS, the Council of the Town of Chapel Hill has considered the petition to amend the Zoning Atlas to rezone property described below to Residential-1 zoning, and finds that the amendment is warranted in order to achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

SECTION I

That the portion of the site identified as now or formerly by the following Chapel Hill Township Tax Map numbers, including intervening and abutting public right-of-way:

Chapel Hill Township, Orange County Tax Map 30, Lot 8B (portion of)

Chapel Hill Township, Orange County Tax Map 31,

Block A: All Lots within Block A; specifically Lots 1, 2, 3, 4

Block B: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16A

Block C: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11

Block D: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 9A, 10, 11, 12, 13, 14

Block E: All Lots; specifically Lots 3, 4, 5, 6, 7, 8, 9, 10

Block F: All Lots; specifically Lots 1, 2, 3, 4, 5

Block G: All Lots; specifically Lots 1, 2, 3, 4, 5, 6

Block H: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13

Chapel Hill Township, Orange County Tax Map 32,

Block D: Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19

Block E: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14

Block F: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10A, 11, 12, 13, 14, 15, 16

Block G: Lots 1, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 28A

Chapel Hill Township, Orange County Tax Map 33,

Block A: All Lots within Block A; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11

Block B: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12

Block C: All Lots; specifically Lots 1, 2, 3, 4, 5, 6

Block D: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 7A, 8, 9, 10, 11

Block F: All Lots; specifically Lots 1, 2, 2A, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20

Block G: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13

Block H: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16

and that are currently zoned Residential-2, shall be rezoned to Residential-1 zoning.

The description of the portions of this site to be rezoned are indicated on Map A, attached to the Manager’s memorandum dated November 11, 2002.

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 11^th day of November, 2002.

Item 12—Consideration of Text Amendment for Signs Posted on Utility Poles

Mayor Foy noted that the Manager had recommended Resolution 11a.

Mayor pro tem Evans moved Resolution 11a, and Council Member Kleinschmidt seconded.

Council Member Kleinschmidt stated that some of the arguments opposed to it could be reversed if one points out that the flyers are part of the charm and intimacy of walking down Franklin Street. He argued that posting signs is compatible with the Comprehensive Plan because the signs give the Town a sense of character and establish it as a special place. Council Member Kleinschmidt said that the opposing arguments do not necessarily support the opposition and can easily be seen to support the petitioner.

Council Member Bateman expressed support for the Manager's recommendation, adding that it seemed inconsistent to her to ban above ground utility poles because of aesthetics and then allow the cluttering of utility poles at eye level.

Council Member Strom agreed with what Council Member Kleinschmidt had said, adding that this is a subjective issue and that he personally likes seeing locally oriented flyers on poles because they are evidence of an active and engaged citizenry. Flyers on kiosks are too organized for his taste, said Council Member Strom, adding that he would support the Planning Board's recommendation, option #3, as a substitute motion.

Mayor Foy said it could be all moot, because we just voted to install all metal posts Downtown.

Council Member Wiggins spoke against the substitute motion, stating that it seemed incompatible to her to allow stuff to be taped all over $300,000 worth of new utility poles.

Council Member Harrison noted that Durham had recently installed metal utility poles in its Ninth Street shopping district and that postings are now on the sides of buildings and inside the shops. He said that Durham should follow Chapel Hill’s example of putting up kiosks. He expressed support for the substitute motion.

Mayor pro tem Evans stated that Planning Board members had voted for more kiosks because they had not been informed about whether there already were any Downtown.

Council Member Strom objected to the remark that the Planning Board did not have particular information, which, he said, was not true. Mayor pro tem Evans repeated her assertion that the Planning Board had not known how many kiosks existed and how many were planned for Downtown and that was why they had asked for more.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO SUBSTITUTE THE PLANNING BOARD'S RECOMMENDATION. THE SUBSTITUTE MOTION FAILED (3-6), WITH COUNCIL MEMBERS HARRISON, STROM AND KLEINSCHMIDT VOTING AYE.

THE MAIN MOTION (RESOLUTION 11A WAS ADOPTED (6-3), WITH COUNCIL MEMBERS HARRISON, STROM AND KLEINSCHMIDT VOTING NAY.

A RESOLUTION ENDORSING THE TOWN’S EXISTING REGULATIONS PROHIBITING THE POSTING OF SIGNS ON UTILITY POLES, AND DIRECTING THE TOWN MANAGER TO PREPARE A REPORT FOR THE COUNCIL’S CONSIDERATION, REGARDING THE PLACEMENT OF ADDITIONAL KIOSKS IN THE DOWNTOWN AREA (2002-11-11/R-11)

WHEREAS, the Town Council has received a petition, requesting that the Council revise or repeal regulations to allow the posting of signs or notices for advertising purposes on utility poles; and

WHEREAS, the Town Council called a Public Hearing to consider changes to the Town Code and/or the Development Ordinance regarding signs posted on utility poles; and

WHEREAS, the Town Council reviewed the existing regulations regarding signage on utility poles and also received recommendations from the Town Manager, Planning Board, Historic District Commission and the Community Design Commission regarding changes that would allow signs to be posted on utility poles and finds that there is no compelling reason to change the existing regulations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that upon consideration of the written materials and other information and testimony offered at the Public Hearing, no changes are to be made to the existing regulations.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to prepare a report for the Council’s consideration regarding the feasibility of placing additional kiosks in the downtown area.

This the 11^th day of November, 2002.

Item 13—Village Plaza Shopping Center Renovation: Application for Special Use Permit (SUP) Continuation of Public Hearing on Special Use Permit Application

Planning Director Roger Waldon focused on additional information that had come forward since the Council's last discussion of this issue and in response to the discussion at the October 16th public hearing. The applicant was seeking flexibility to leave Phase II for some future date, he said, and to allow Phase I to stand on its own for now. Mr. Waldon said that the applicant wanted Phase II to be available as an option for additional building in the future if market conditions warrant that. He added that the applicant also sought flexibility to add residential uses to the Phase II building.

Mr. Waldon noted that a response to the Council's questions regarding parking patterns in the area were included in the packet. He said that the applicant had suggested reducing the number of movie screens from 13 to 11, and had agreed to add parking behind the theater. Mr. Waldon doubted that the proposed 25 spaces would fit there, but said he thought that 10-15 would be possible. He noted that the staff was continuing to recommend approval with adoption of Resolution A. Mr. Waldon pointed out that page 22 of the Council's packet summarized all of the recommendations before them in this "fairly complicated" application.

Richard Gurlitz, representing the applicant, stated that the only thing Mr. Waldon had not mentioned was that the number of theater seats had been reduced by 130.

Chapel Hill resident Rosemary Hargrove, owner of The Cotton Bowl, said that she had been in the fabric and sewing machine business for nearly 18 years. She gives sewing classes to children and adults and brings people into the community to enrich her customer base, she said. Noting that sewing relieves stress and lowers the incidents of Alzheimer Disease, Ms. Hargrove stressed that her business adds to the quality of life in Chapel Hill. She asked Council members not to handicap her business by limiting parking. She argued that it was not fair to allow one business to impact on so many other locally owned businesses. Ms. Hargrove added that it was incorrect to say that her business was not open after five o'clock, since they hold classes there in the evening.

Buffy Webber, executive director of the PTA Thrift Shop, also expressed concern about parking. She said that the Thrift Shop had to rent space in another location, at a cost of $24,000 per year, because the Whole Foods Center had to install posts to keep people from stopping or parking in the fire lane in response to concerns by the Fire Marshall. Ms. Webber said that the Thrift Shop had lost a large donor base because people do not want to travel to the other site across US 15-501. But her primary concern about Phase I & II, said Ms. Webber, involved the staging for parking during construction and demolition, as well as upon completion. The Thrift Shop has a "highly coveted lease," she said, and she wants to stay in that spot for the next 18 years. Ms. Webber added that the Thrift Shop is now open until 8:00 pm, which has lead to a 50% increase in revenue over what they were making last year.

Council Member Bateman determined from Ms. Webber that she was speaking for the PTA Thrift Shop's Board of Directors.

George Jones, store team leader of Wellspring Whole Foods Center, said that this project is so out of bounds with the standard parking ordinances that it poses a threat to neighboring businesses. He said that parking already was tight and that the area cannot accommodate the theater without jeopardizing existing businesses. Mr. Jones predicted that people would park in front of the entrance to the theater, which is directed toward the Whole Foods Center. He said that he could not overemphasize the negative impact that this will have on his business. Mr. Jones noted that the theater would create early, late afternoon and evening parking, adding that the viability of all the businesses depends on adequate parking. He stated that the lack of balance in parking for this project would be a detriment to all, including Eastern Federal itself. Mr. Jones added that the parking situation would increase danger and traffic problems. He said that Whole Foods was not interested in giving an easement without some support on that.

Jim Groot, owner of Red, Hot and Blue Restaurant, stated that if all the theater seats are filled on Friday and Saturday nights there will be 300 cars with no place to park. He said that the other businesses should not have to build walls and police property because someone is allowed to overbuild. Regarding page 13 of the materials, Mr. Groot expressed anger over the staff's comment that Whole Foods Grocery had agreed to allow the theater to use 50 spaces. He said that 1,800 seats with 140 parking spaces are inadequate when Eastern Federal intends to fill all those seats and when similar movie theaters have 700-900 parking spaces. Mr. Groot added that those 140 spaces will become 75 when Phase II is developed.

Council Member Verkerk verified that the number of parking spaces was 457, not 180. Mr. Waldon noted that those 457 parking spaces belong to the Village Plaza. Mr. Gurlitz clarified that there is an agreement between Whole Foods and Mark Properties to allow Whole Foods to continue to use 50 of Mark Property's spaces for its overflow parking during the week. The referenced statement, he said, means that Whole Foods would not be able to use those spaces on Friday and Saturday nights. Regarding the 140 figure, Mr. Gurlitz explained that Mr. Groot had been counting only those spaces that would be directly in front of the theater.

Council Member Harrison requested a revision to the stipulation on page 29. He asked that the class one bicycle parking spaces be likewise distributed proportionately around the site and that there be clear signage to indicate their availability to the public. Town Attorney Ralph Karpinos stated that this could be included with the motion, if one is made.

Mayor pro tem Evans asked if the bus runs to that area at night. Mr. Waldon replied that it was variable, adding that most routes to the area end at six o'clock but one route does goes to ten. Mayor pro tem Evans stated that there were "a few that run later," and Mr. Waldon agreed.

Mayor pro tem Evans asked if reducing the number of theaters to 11 reduces the footprint. Mr. Gurlitz replied that it was reduced by six feet all around, which is about 4,000 square feet. Mayor pro tem Evans asked why the Town was not requesting that the applicant contribute to the greenway, other than the easement. She noted that Staples had been required to do so. Mr. Waldon replied that the recommendation was based on the scale of the project and what might reasonably be required of the applicant. He said that Staples had completely demolished a building and redone the site. Mr. Waldon explained that the staff tries to find the rational nexus of what can reasonably be imposed on the applicant as related to the impacts of what they are proposing.

Mayor pro tem Evans noted that the staff had not requested a sidewalk along the applicant's frontage on Fordham Boulevard. She commented that the Town usually does request this. Mr. Waldon explained that this was part of the staff's attempt to balance what it was asking from the applicant and what could reasonably be attributed to impacts from this development. Mr. Gurlitz noted that the applicant had agreed to build a huge amount of sidewalk for a project of this size along Elliott Road.

Consultant Dan Jewell explained that 80% of the trail funds come from the State of North Carolina, which differentiates this property from the Staples property because there is not as much local money involved. Mayor pro tem Evans asked about the applicant providing some of the 20% that the Town has to provide. Mr. Jewel replied that what the applicant has already agreed to provide (land, modification in the parking lot, etc.) already comes close to that.

Mayor pro tem Evans asked if the parking area that Whole Foods can use is the same as that identified for the park and ride area. Mr. Gurlitz replied that this was flexible. They do not have to be the same, he said.

Mr. Waldon pointed out that timing was another issue with the Fordham Boulevard sidewalk. The Town is well along in the planning of that project, he said.

Mayor pro tem Evans asked where overflow parking would be accommodated if the shop owners worst case fears are realized. Mr. Waldon replied that no one had a good answer to that. He said that peak demand for parking should be on Friday and Saturday nights, but it should be light at other times. Mr. Waldon noted that the Town has collectively been moving toward the goal of squeezing parking so that people will use public transportation. The Council must determine whether this would squeeze it too hard, he said.

Mayor pro tem Evans asked Mr. Gurlitz if it was correct that the theaters would not be open during the week for matinees. He replied that there probably would be a matinee. Mr. Horton pointed out that the Town cannot regulate that with the SUP.

Council Member Strom asked if the applicant would consider using a compactor in the back of the building, which would serve many of the businesses and provide extra parking by replacing dumpsters. Mr. Gurlitz replied that the applicant had identified 25 parking spots and 14 dumpsters, many of which remain empty. The problem with the compactor, he said, is that it probably will be broken half of the time with several businesses using it and nobody trained to operate it. Mr. Gurlitz said that the applicant probably would try it if the Council demanded that, but they do not see that as a good solution.

Council Member Strom asked if the applicant would agree to 25 spaces in the back with some reconfiguration of dumpsters, and Mr. Gurlitz replied “absolutely”. Council Member Strom asked if the reduction in footprint of the building could generate some additional parking spaces. Mr. Gurlitz replied, “possibly”.

Mayor Foy pressed Mr. Gurlitz for an answer regarding reconfiguring the dumpsters and spots in the back. Mr. Gurlitz replied, "Yes, the implication being if the only way to get those 25 spaces was to put a compactor in.”

Council Member Strom asked if it was possible to estimate a certain number of spaces generated by the reconfigured footprint. Mr. Gurlitz said that he would be very happy if they could squeeze five out of it because of the building's odd shape.

Council Member Bateman said she appreciated the reduction by two theaters but noted that she had asked for a reduction of four. She urged the Council to approve this SUP only if it is reduced by four theaters. Council Member Bateman added that she was bothered too by the attempt to get the parking to fit the use rather than the reverse. Eastern Federal is only competing with itself, she said, since it owns the other multi-theater complex at Timberlyne. Council Member Bateman asked for information from the staff on how the Timberlyne SUP had been handled.

Mr. Waldon explained that the Timberlyne SUP stated that shared parking can be permitted according to the provisions of the Ordinance, which says that parking can be permitted on an adjacent site if certain conditions are present and if it allows for some parking spaces to be counted twice with counter-cyclical uses. At the Timberlyne Shopping Center, he said, a certain number of spaces on the shopping center site were allocated, by agreement between the two parties, for theater use. The shopping center designated the spaces to be marked, Mr. Waldon said.

Council Member Bateman said that she had received a letter from a smaller shopping center near Timberlyne complaining about the overflow parking from the theater. Mr. Waldon noted that there had been no prohibition in the SUP against parking in that smaller lot, since the agreement was between the movie theater and the shopping center. He noted that this situation might occur between any two private property owners, and the small center ultimately put up signs prohibiting theater parking in their lot.

Council Member Bateman asked if there were demarcated lines saying which is Whole Food's parking area and which is Mark Properties' parking area. Mr. Waldon replied that there were property lines. Council Member Bateman asked if there were signs or some other protection that the Whole Foods area could be given. Mr. Karpinos replied that there are means available to private property owners to control their own property, such as putting up signs and allowing for towing of vehicles once those signs have been put up. He asked Mr. Waldon if there was any type of cross-easement between the two Village Plaza properties that would require a driveway connection. Mr. Waldon replied that easements for ingress and egress in both the front and back did exist. Mr. Karpinos said that the owners would not therefore be able to put up a fence. They could sign their parking spaces and lots in the same manner as the small lot at Timberlyne, he said, warning people that their cars would be towed.

Council Member Wiggins predicted that Phase I parking would be "so horrific" there will never be a Phase II. She said that asking the applicant to help finish the greenway behind the theater was not an out-of-proportion request given all the modifications the applicant had requested. Council Member Wiggins said that the project does not have enough parking. She said that it exceeds the square footage allowed for that space. The Council is in a position to ask for just about anything, she said. Council Member Wiggins argued that the parking will become unmanageable there and will seep out and become a burden on other areas. She stated that the project was not ready to be acted on because of the parking situation, and she recommended decreasing the size of the project so that it matches the amount of parking available.

Council Member Ward said he favored making parking a little uncomfortable in order to encourage the use of public transportation. But 68% of the current minimum is too much of a pinch, he said. He described the Whole Foods parking area as a mess most of the time, and supported Council Member Bateman's suggestion to reduce the number of theaters by two more.

Council Member Ward also asked for clarification of the pedestrian access points from the perimeter sidewalk. Mr. Jewell explained that the pedestrian corridors would be a combination of sidewalks, which would be built in the landscaped islands, and striped crosswalks. He said there would be ramps at all of them and textured, painted sidewalks that would be pedestrian-friendly. Mr. Jewell added that the section across the drive would be something different that would stand out.

Mayor Foy asked Mr. Horton to explain what the five- and ten-year time frames on this actually means, given that extensions can be given. Mr. Horton replied that the Manager can grant only a one-year extension one time, but the Council can decide on an extension based on what it thinks is reasonable. Mayor Foy asked if it was true that the project had to be making substantial progress under either scenario. Mr. Horton replied that the first stipulation regarding deadlines is that construction would have to begin by November 11, 2004. If not, and the applicant requested an extension in a proper manner, it is likely that it would be extended for a year, he said. If they had begun construction and made substantial progress, but had not completed construction by November 11, 2007 for Phase I, Mr. Horton said, then it is likely that he would recommend extension for a year. If it was not finished by the end of that year, he said, then they could return to the Council and request an extension. Mr. Horton said with Phase II, the reason the applicant has requested the extension is that they are primarily in the theater business and they only included Phase II because they were asked to do so. Mr. Horton said that he could not answer the question of whether or not the applicant would ever move to Phase II.

Council Member Harrison noted that there are currently no trips by bus out of this shopping center after about 6:00 pm on Saturday, and only one route has night service during the week. He said that he was inclined toward reducing the number of seats and cars. Council Member Harrison noted that the theater at Southpoint offers a large part of that mall's 6,600 parking spaces. He agreed that there ought to be a contribution toward paying more for the greenway.

Mayor Foy asked Mr. Karpinos to discuss the consequences of denying the SUP. Mr. Karpinos explained that the applicant would have to submit a new application and go through the process again from the beginning. Mayor Foy noted that there was also the option of referring this back to the staff for further discussion with the applicant. Mr. Karpinos said that would mean recessing the hearing to a particular date. Mr. Horton recommended January 13, 2003, if the Council wished to recess. Mayor Foy doubted that the third option (attempting to modify the SUP) would be manageable at this meeting. He recommended recessing the public hearing to January 13th and referring the matter back to the staff to bring back a revised proposal.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECESS THE HEARING TO JANUARY 13, 2003, AND REFER THE ITEM BACK TO THE STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 14—Proposed Rezoning of Lot on South Columbia Street

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ENACT O-12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor pro tem Evans suggested that Mayor Foy explore the idea, when he meets with Chancellor Moeser, that this might be a good site for affordable housing. Mayor Foy agreed to do so.

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE PARCEL AT THE NORTHERN INTERSECTION OF SOUTH COLUMBIA STREET AND OLD PITTSBORO ROAD (2002-11-11/O-12)

WHEREAS, the Council of the Town of Chapel Hill has considered the petition to amend the Zoning Atlas to rezone property described below to Residential-2 zoning, and finds that the amendment is warranted in order to achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

SECTION I

That the portion of the site identified as now or formerly by Chapel Hill Township Tax Map number 7.88.H.1, and that is currently zoned Office/Institutional-3, shall be rezoned to Residential-2 zoning.

The description of the portions of this site to be rezoned are indicated on Map A, presented to the Town Council on November 11, 2002, and incorporated herein by reference.

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 11th day of November, 2002.

Item 15—Priorities for Use of 1996 Open Space Bond Funds

Mr. Horton expressed appreciation to Recreation Planner Bill Webster and volunteer Audrey Booth for pursuing these properties. Mr. Webster also thanked Ms. Booth, whom he described as a great resource. Mr. Webster said that they had looked at a lot of large properties but were not successful for the most part in obtaining them. But there had been a surprising number of donations, he said, and they had successfully acquired about 86 acres, much of which had been donated. Mr. Webster noted that the Town did acquire the Springcrest property, along the Dry Creek Area.

Mr. Webster explained that the staff had recently had a new interpretation regarding the use of open space bond money outside the Town's limits and the Urban Services Boundary. This might open up some doors in the Dry Creek area, he said, where there still are some large tracts. Mr. Webster noted that a number of these properties have recently changed hands. He said that he is almost certain that developers have acquired them. He asked for the Council's permission to contact every landowner who has properties that meet the criteria and to spend the approximately $900,000 that will be left if the purchases under discussion are successful.

Mayor pro tem Evans suggested looking at acquiring access to publicly owned land while looking at acquiring land. She also recommended changing the criteria to add smaller pieces of land that would provide this access.

Mayor Foy praised the plan and said it was especially good to know that the bond money can be used outside the urban services area.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-14 AS AMENDED TO INCLUDE CHANGING THE CRITERIA TO ADD SMALLER PIECES OF LAND THAT WOULD PROVIDE ACCESS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO EXPAND THE SEARCH FOR OPEN SPACE PROPERTIES TO INCLUDE ANY OPEN SPACE, ANYWHERE WITHIN THE TOWN LIMITS OR EXTRATERRITORIAL JURISDICTION, WHICH SERVES ONE OF THE PRIMARY CATEGORIES ALREADY IDENTIFIED BY THE COUNCIL (2002-11-11/R-14)

WHEREAS, Chapel Hill voters authorized the expenditure of $3,000,000 in Open Space bonds in 1996; and

WHEREAS, most landowners have declined the Town’s requests to consider selling open space properties to the Town; and

WHEREAS, the number of remaining open space tracts is limited; and

WHEREAS, the Council has unspent and uncommitted fund authorization remaining from the 1996 Open Space bonds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to expand the search for open space properties to include any open space, anywhere within the Town limits or in appropriate areas of the Town’s ETJ, as long as the properties address one of the following primary categories already identified by the Council:

Non-automobile community connectivity
Entranceway corridors
Scenic vistas
Environmentally sensitive areas
Resource Conservation District land
Community open space and neighborhood open space
Acquiring access to publicly-owned land.

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to continue monitoring land acquisition opportunities along Morgan and Wilson Creeks.

This the 11th day of November, 2002.

Item 16—Consideration of Options regarding Parking Fees

and Enforcement During the 2002 Holiday Season

Assistant Town Manager Flo Miller explained that Council Member Strom had petitioned the staff to look into the potential options for free or discounted parking during the upcoming season. She said that there had been a slight dip in the revenues for short-term parking and this was based on the increase in parking rates as well as the fare free bus service and general economic conditions. Ms. Miller said that the $50,000 less than was budgeted for off-street parking should be recovered by the end of the year if the Town follows its past trends. She then presented a list of holiday free parking options for the Council to consider.

Robert Humphreys, representing the Downtown Commission, thanked the Council for the free buses and the new pricing structure in the parking deck, which he said helps relieve parking problems. Mr. Humphreys recommended modifying the staff's recommendation as follows: Keep options one and two and modify option three to be free parking in meters, lot and decks all day on Saturdays and Sundays, December 14^th and 15^th and 21^st and 22^nd. Mr. Humphreys said that making it free in lots 2 and 5 only would not help the merchants on West Franklin Street.

Aaron Nelson, Executive Director of the Chapel Hill-Carrboro Chamber of Commerce, agreed with Mr. Humphrey’s suggestion, adding that it would cost about $9,360 more than the staff's proposal. He said that the investment would pay dividends in the form of increased sales tax Downtown and would be easy to advertise. Mr. Nelson stated that the Downtown Commission and the Chamber would be forming a joint task force to take a comprehensive look at the best use of existing spaces in the Downtown area.

Council Member Kleinschmidt moved R-15, with an amended #3 to include December 14^th and 21^st along with December 8^th and 15^th. There was no second.

Council Member Verkerk noted that students would still be using the parking lot on December 7^th and maybe December 14^th because of exams.

Council Member Strom made a substitute motion for R-15, with options 1 and 2, drop option 3, change option 4 to include Saturday, December 21^st, and expand to lots 3 and 5 on those two Saturdays, and include option 6.

Ms. Miller clarified that the Saturday daytime hours would be 9:30 am to 5:00 pm.

Mayor Foy inquired about the distribution system for option #6. Ms. Miller said that Mr. Humphreys would provide vouchers to the merchants who would hand them out to customers.

Council Member Kleinschmidt seconded the substitute motion.

Council Member Verkerk said that she could only support #1, 2 and 6, since she did not want to encourage the idea that there was a parking problem Downtown.

Mayor pro tem Evans spoke in favor of having several free days. Mayor Foy described the free days as a marketing tool that might help to highlight the welcome attitude that the Downtown merchants have. Ms. Miller stated that Council Member Strom's proposal would cost about $9,000.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, A SUBSTITUTE MOTION TO ADOPT R-15 WITH OPTIONS #1, 2 & 6. THE MOTION FAILED (3-6), WITH COUNCIL MEMBERS BATEMAN, VERKERK AND WIGGINS VOTING AYE.

THE MAIN MOTION WAS ADOPTED (6-3), WITH COUNCIL MEMBERS VERKERK, BATEMAN AND WIGGINS VOTING NAY.

A RESOLUTION AUTHORIZING THE MANAGER TO IMPLEMENT OPTIONS REGARDING PARKING FEES AND ENFORCEMENT DURING THE 2002 HOLIDAY SEASON (2002-11-11/R-15)

WHEREAS, the Town Council of the Town of Chapel Hill would like to support local businesses at a critical tine in the retail cycle; and

WHEREAS, The Town Council wants to encourage Chapel Hill residents and visitors to shop locally; and

WHEREAS, the Town Council wants to consider options for offering free or discounted parking during the 2002 holiday season;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town Chapel Hill that the Council authorizes the Manager to implement the following:

1. Annual Tree Lighting Ceremony, Friday, December 6

Free parking in the Wallace Parking Deck and Parking Lot 2 from 5:00 p.m. to 10:00 p.m. to encourage shopping and dining in downtown establishments. Suspend meter enforcement at 5:00 p.m.

2. Holiday Parade, Saturday, December 7

Free parking in the Wallace Parking Deck and Parking Lot 2 for parade attendees from 9:30 a.m. opening to 12:30 p.m. Suspend meter enforcement from 8:00 a.m. to 12:30 p.m.

3. Downtown Open House

A. Saturday, December 14^th

Free parking in the Wallace Parking Deck and Parking Lots 2, 3, and 5 from 9:30 a.m. opening to 5:00 p.m.

B. Saturday, December 21^st

Free parking in the Wallace Parking Deck and parking Lots 2, 3, and 5 from 9:30 a.m. opening to 5:00 p.m.

4. Town Sponsored Coupons

Provide coupons good for 1 hour free parking in Wallace Parking Deck or Parking Lot 2. Limit one coupon per visit from December 1 through December 23, 2002.

This the 11^th day of November, 2002.

Item 17—Appointments

17a. Library Board of Trustees

The Council appointed Margaret Siefert.

Council Members

Library Board of Trustees

Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Cory Brooks

Clinton Hicks

Leslie Johns

Jessica Kem

Gholam Mainuddin

Margaret Siefert

Brynda Smith

17b. Orange County Soccer Alliance

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO APPOINT COUNCIL MEMBER WARD TO THE ORANGE COUNTY SOCCER ALLIANCE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 18 - Petitions

Council Member Kleinschmidt asked if the item on neighborhood contributions to traffic calming, scheduled for November 25, 2002, could be moved to the next meeting since he will not be attending that meeting. Council members agreed by consensus.

COUNCIL MEMBERS AGREED BY CONSENSUS TO DELAY DISCUSSION OF ANY CLOSED SESSION ISSUES UNTIL ITS SPECIAL MEETING ON WEDNESDAY, NOVEMBER 13, AT 5:00 P.M.

The meeting was recessed at 10:50 pm.