SUMMARY MINUTES OF A BUSINESS MEETING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, SEPTEMBER 8, 2003, AT 7:00 P.M.

Mayor 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 Manager Sonna Loewenthal, Town Attorney Ralph Karpinos, Human Resources Director Pam Eastwood, Police Chief Greg Jarvies, Public Works Director Bruce Heflin, Police Major Tony Oakley, Finance Director Jim Baker, Library Director Kathy Thompson, Crisis Intervention Director Jim Huegerich, Assistant Inspections Director Bobby Pettiford, Planning Director Roger Waldon, Parks and Recreation Director Kathryn Spatz, Assistant Parks and Recreation Director Bill Webster, Senior Long Range Planning Coordinator Chris Berndt, and Town Clerk Joyce Smith.

Item 1 - Ceremonies

a. Recognition of Retirees.

Mayor Foy introduced six retiring employees. He said that these six people represented 136 years of combined service to the Town of Chapel Hill. The retirees were:

Fire Equipment Operator Arthur Saxton, 10 years service. Mr. Saxton also worked with EMS, where he was known for his compassion and ability to maintain his composure in a crisis. Mayor Foy explained that Mr. Saxton had a long list of achievements, which included graduating from the Triangle Fire Challenge Academy, obtaining a certificate from the EMT First Responders, and being nominated for a lifesaving medal for EMS.

Finance Department Office Assistant Katy Hargraves, 14 years service. Ms. Hargraves performed clerical duties that helped ensure that everyone got paid, Mayor Foy said. He commented that the staff would miss her fine sense of humor.

Inspections Department Employee Phil Suitt, 20 years service. Mayor Foy noted that Mr. Suitt had remained the Town's only plumbing inspector for 20 years even though the volume of inspections had grown. The Town would miss Mr. Suitt's professional attitude, Mayor Foy said.

Police Officer Arvin Sanders, 30 years service. Mayor Foy explained that Mr. Sanders had earned a B.A. in criminal justice during the time he worked for the Town. He thanked Mr. Sanders for his extended service over such a long period.

Customer Service Representative Sandra Perkins, 37 years service. Mayor Foy said that Ms. Perkins had served the Town with grace, wit, and patience. Everyone certainly would miss her service, he said. Mayor Foy added that at the time of her retirement, Ms. Perkins was the longest serving Town employee.

Groundskeeper George Parish, 26 years service. Mayor Foy stated that many people had expressed dismay over Mr. Parish's retirement. He expressed regret that Mr. Parish could not attend this evening's meeting.

b. Proclamation.

Mayor Foy declared September 2003 as Childhood Cancer Month. He read a proclamation stating that cancer was the number one disease killer of children in the United States. Mayor Foy explained that part of the way to defeat any disease was through awareness.

Dr. Lisa White accepted the proclamation. She noted that on any given day 46 children will be diagnosed with cancer and 11 children will die from it. Dr. White explained that the gold ribbon was the symbol of childhood cancer awareness. Her son, Gabriel, a cancer survivor, distributed gold ribbons to Council members.

Item 2 - Bond Orders

a. Public Hearing to Consider Bond Orders introduced on August 26, 2003.

Mayor Foy explained that the Council was considering asking the public for authorization to issue bonds that would supply necessary resources for greenways, sidewalks, the Public Library, and several other items.

Town Manager Cal Horton introduced Town Finance Director Jim Baker to make the presentation, and noted that a bond attorney was present to answer questions.

Mr. Baker explained that after tonight's public hearing the Council could adopt the five bond orders as introduced or as amended. Following that, the Council could adopt the attached resolution calling for a special bond referendum on November 4, 2003, and authorizing publication of the bond orders as adopted, he said.

Mr. Baker noted that this would also authorize publication of the notice regarding the proposed referendum, as required by State law. For clarification, Mr. Baker read the wording of the public building bond, adding that it should be clear that the intent is for energy, not improvements.

Mr. Baker addressed a question previously raised by the Public Arts Commission regarding the extent to which bond funds may be used for art in connection with bond projects. A copy of the bond attorney's response was included with the materials as Attachment #5, he said. In summary, Mr. Baker said that there were two situations in which financing of fine art from proceeds of General Obligation bonds was clearly warranted: when it is incorporated as an integral physical part of the building or other structure being financed; and, as a permitted cost of capital improvement projects financed with General Obligation bonds, if the Town believed that such art was necessary or incidental to the project as a whole.

Fred Black, former Chair of the Library Board and a current Board member, pointed out that the Chapel Hill Public Library had contracted experts and produced a five-year services plan, a long-term facilities needs assessment, an information technology plan, and a library building plan. The proposed Library improvements would be a well-thought-out and sound investment in Chapel Hill's future, he said. Mr. Black noted that the Town had paid dearly for its lack of foresight when it put forth a bond that was defeated by 95 votes and resulted in a Library that did not meet the Town's needs. He recommended "following down the road of progress" and going forward with the proposed expansion. Quoting Robert Frost, Mr. Black urged Council members to take “the road less traveled" by authorizing a bond vote and rallying citizens to support it.

Rudy Juliano expressed support for the Library Bond, but added that the greenway and open space component was even more important to him. He advised Council members to save the Town's green spaces before it was too late. This bond would help, he said, but he described the $2 million set aside for open space protection as "really quite modest." Mr. Juliano suggested that the Town partner with other groups and commit to permanently protecting at least 10% of Orange County's green space. He recommended finding funding mechanisms that do not result in tax increases and suggested several approaches. Mr. Juliano mentioned NC Clean Water and Parks and Recreation Trust Funds as well as the transfer of development rights. He added that there were other novel funding approaches that had been used in other communities.

Jeff Davidson agreed with the statements that Mr. Black had made. He shared his observations about the waste of space on Library grounds and inside the building. Mr. Davidson recommended banning cell phone use in the Library. He suggested training Library personnel to modulate their voices so that patrons are not disturbed. If the Town wants greater capacity without construction, said Mr. Davidson, then extending Library hours would achieve that.

Scott Radway described Chapel Hill as a mature community that had developed at different stages and had different levels of infrastructure. He expressed support for the Library Bond, but explained that he specifically wanted to support the infrastructure bonds. Mr. Radway pointed out that some older neighborhoods do not have greenways and that there is a need for sidewalks to connect older and newer neighborhoods to the Town Center and to other activity centers in Town. He supported all of the bond issues for all of the amounts in Attachment #3, he said. Mr. Radway also expressed support for the amount that the Library had requested.

Library Board Chair Bob Schreiner noted that Chapel Hill's per capita book circulation was three times the State average, adding it is the most heavily used library in the State on a per capita basis. Mr. Schreiner pointed out that the Public Library has two books per capita. If one uses comparable academic communities as standards, he said, the Library ought to have four books per capita. However, if the Library did have more books there would be no place to put them, he said. Mr. Schreiner stated that the Library building was a third too small for the present population and that it would be a third of what it should be by 2025.

Mr. Schreiner noted that five new schools had opened in the Chapel Hill/Carrboro School District since the Library opened at its present location in 1994. Schools and libraries are partners in educating children, he said, adding that the proposed renovation would include many more children's books, facilities and programs. Mr. Schreiner noted that the Library's 120 seats were often filled and that the proposed 270 seats would make it much less crowded. The plan would also double the amount of meeting rooms and more than triple the number of computer stations, he said.

Mr. Schreiner stated that the library had been too small when it was built. This was the result of planning difficulties, problems finding an appropriate site, and a failed bond referendum, he explained. The current Library Master Plan has lots of detail and planning behind it and the Library should be in good shape until 2025 if this bond passes, Mr. Schreiner said.

Ken Broun stated that he had served as co-chair of a committee that had tried to educate Chapel Hillians about the need for a Library bond issue. That bond issue had failed by 95 votes, he said, adding that the result had been a Library that was inadequate the day that it opened. Mr. Broun remarked that the Chapel Hill Library was the most used in the State. There is not enough room for the books and computer/media facilities that are needed, Mr. Broun said, and pointed out that many citizens do not have personal computers. The Town needs a library that will fully meet the needs of a broad spectrum of the population, he said. Mr. Broun urged Council members to approve the bond issue and to set it at a level that will fully meet community needs for the foreseeable future. He asked that Council members approve a bond issue that includes enough funds for parking in whatever form it takes.

Lynne Kane spoke in favor of enlarging the Library as well as the parking area. She said that people are sometimes unable to use the UNC library due to inadequate parking, and does not want that to be an issue here.

Marlan Brinkley spoke in support of the Library bond. He commented that the Library had done a great job of developing its collection to meet the needs of the growing number of residents and the diverse population of Chapel Hill, but the building itself was no longer able to support that collection.

Judy Kramer agreed that there was a definite need for more Library space, not only for books and technology but also for personnel to process materials efficiently. If you build it right it pays for itself over time, Ms. Kramer said.

Fona Condax said that she loves the Library and wants the Town to help obtain a larger collection so that she will no longer have to get every fifth book that she wants through inter-library loan.

Linda Sullivan, who moved to Chapel Hill four years ago from an area that had more libraries, described Chapel Hill's library as a beautiful place that needs to be expanded.

b. Action on Bond Orders.

Council Member Harrison noted that the $5 million for parks and recreation facilities did not mention greenways or trails anywhere.

Mayor Foy suggested adopting each of the five bond orders separately. He asked Council Member Verkerk, the Bond Committee Chair, to move each bond order so that the Council could discuss each one individually.

Council Member Verkerk reported that the Bond Committee had met twice and that there had been a good response, with about 30 people attending. "Invest in Chapel Hill" will be the slogan for the campaign, she said, and the campaign will be launched on September 30^th,. Council Member Verkerk announced that contributions for the bond campaign should be made out to "Invest in Chapel Hill."

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, THE $5 MILLION PARKS AND RECREATION BOND.

Mayor Foy noted that Council Member Harrison had raised a question regarding this. Mr. Horton asked Bond Attorney Robert Quick, of Womble Carlisle, to reply. Mr. Quick explained that there was a gap between the language in the State statutes and the proposed use of the land for greenways and trails. This use is authorized by implication but not expressly authorized in the statute that authorizes the use of land for parks and recreation, he said.

Mr. Quick read section 159-48(b)(13) of the State statute, including the specifically authorized purposes. He noted that greenways or trails were not among those, but said that he believed it was an implied authorized since "park recreation facilities, including, without limitation, land" is authorized. Mr. Quick noted an additional provision that authorizes the Town to purchase open land for open spaces. That is a second statutory basis for authorizing bond money for greenways and trails, he said.

Council Member Harrison asked if other communities such as Charlotte had used this statute. Mr. Quick replied that newspaper articles often refer to "greenways and trails." But words such as "greenways" had not been in use when these statutes were enacted, he pointed out.

Council Member Verkerk asked if the Town could insert titles such as "greenways bond" on sample ballots used to promote the bonds. Mr. Quick recommended keeping to the specific language on the sample ballot. He suggested that supplemental materials focus on the fact that the use for land will include use for greenways, trails and open space.

Council Member Kleinschmidt pointed out that there might be some ambiguity between the bond being discussed and the other $2 million open space bond. He asked if this was the best that could be done to differentiate the two. Mr. Quick replied that the Town was locked in to the legislative language. He advised Council members to show citizens the sample ballot and then discuss in layman's terms, item by item, what the questions specifically authorize.

Mayor Foy asked if it would be possible to guide voters by emphasizing a portion of the ballot in bold type. Mr. Quick replied that "one person's boldface might not be someone else's." The question must be presented in as neutral a way as possible, he said.

Council Member Kleinschmidt asked if a future Council might "morph" the open space bond into a greenways bond. Mr. Quick replied that open spaces probably could technically be used to support what is referred to as greenways. Council Member Kleinschmidt asked if it would be better then to address it that way now. Mr. Quick replied that parks and recreation bonds were more specific and included trails, whereas open space bonds are for open space alone. This could, of course, include greenways and trails, but it generally means space that is purchased to be used as a buffer, he said, adding that those areas are not normally developed at all.

Council Member Bateman noted that other bonds with similar language had passed. She remarked that Chapel Hill's citizens must be very literate, based on the number of books that the Council had just learned that they read.

Council Member Ward asked if the bonds could be identified with numbers so that Council members could say "bond #1 is about green space," for example. Mr. Quick replied that this had been done, but was rarely done now. He suggested perhaps isolating the two questions from each other by placing one first and the other last. But Mr. Quick concluded that the Council may number questions on the ballot.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, THE $16,260,000 LIBRARY FACILITIES BOND. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, THE $2 MILLION OPEN SPACES AND AREA BOND. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, $5.6 MILLION SIDEWALK AND STREET BOND. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, $500,000 PUBLIC BUILDINGS BOND. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

c. Resolution Calling a Special Bond Referendum.

COUNCIL MEMBER VERKERK MOVED R-1A, SECONDED BY COUNCIL MEMBER STROM.

Council Member Wiggins asked if the Town would retire enough bonds over the next few years that issuing these would not have a great impact on taxes. Mr. Horton replied that even with an extension to ten years the Town would not retire enough debt to offset these bonds. Whether or not there would be an increase in the tax rate would depend on such factors as growth in the tax base, growth in other revenues available to the government, cost of operations, and the rate at which those costs change to reflect the community's needs as decided by the Council, he said. In the end, Mr. Horton explained, the tax rate was likely to go up, and the question was how much.

Mr. Baker agreed, noting that for each $1 million of debt issued the dept service in the first year would be $100,000. He explained that one cent on the tax rate was currently equivalent to $426,000. So, if $5 million were issued, the debt service in the first year would be $500,000, or 1.2 cents on the tax rate, Mr. Baker said.

Mayor Foy advised Council members to make it clear to citizens that the bond authorization requested on the ballot was an authorization. It is not a tax rate and not a determination of when or whether the bonds would be issued, he said. Mayor Foy noted the possibility that all of the bonds could be authorized and a future Town Council could decide that the Town could not afford one or all of them. Then there would be a zero increase on the tax rate, Mayor Foy said.

Council Member Strom pointed out that the Capital Improvements budget each year has significant expenditures for greenways, sidewalks, and open space. These would potentially be diminished as a result of the bonds, he said. Mr. Baker agreed that some of the bond projects could reduce the necessity for some CIP expenditures.

Council Member Wiggins stated that the Library bond was in a category by itself, since there is data proving that the Town needs to expand it. The other bonds had evolved from a perception that the Town was not moving ahead fast enough on those projects, she said. Council Member Wiggins recommended full disclosure so that the public would understand what they were voting on and how it would impact taxes. This money will not just fall out of the sky, she said. "It's going to come out of taxpayers' pockets."

Council Member Wiggins expressed disappointment over learning from the Manager that the Town would not be retiring some bonds. She explained that she remembered a previous discussion in which that had been mentioned as a way to cushion the impact of the proposed bonds. Mr. Horton replied that the Town would be retiring some bonds but not enough to offset the amounts being contemplated. Council Member Wiggins noted that the Council frequently discusses the affordability of Chapel Hill's housing. As a retired person herself, she was becoming very conservative about everything that impacted her taxes, she said. Council Member Wiggins predicted that these bonds would affect taxes and affordability.

Council Member Verkerk stated that this was one of the ways to achieve some of the goals that the Town had laid out in its Comprehensive Plan. Citizens had given the Council a plan, she said, and the Council was now saying that it was ready to do some things but must ask for money. Otherwise, Council Member Verkerk said, these are just dreams.

THE MOTION TO ADOPT R-1A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A SPECIAL BOND REFERENDUM (2003-09-08/R-1a)

WHEREAS, the bond orders entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF $5,000,000 PARKS AND RECREATION FACILITIES BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA;” “BOND ORDER AUTHORIZING THE ISSUANCE OF $2,000,000 OPEN SPACES AND AREAS BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA;” “BOND ORDER AUTHORIZING THE ISSUANCE OF $16,260,000 LIBRARY FACILITIES BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA;” “BOND ORDER AUTHORIZING THE ISSUANCE OF $5,600,000 SIDEWALK AND STREET BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA;” and “BOND ORDER AUTHORIZING THE ISSUANCE OF $500,000 PUBLIC BUILDING BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA.” were introduced at the meeting of the Town Council of the Town of Chapel Hill held on August 25, 2003, and the Town Council of the Town of Chapel Hill has subsequently held public hearings thereon and has adopted each bond order; and

WHEREAS, in order for such bond orders to take effect the affirmative vote of a majority of those persons who vote on such bond orders is required; and

WHEREAS, the Town Council has been advised that November 4, 2003 is a date on which a statewide election will be held and is not thirty (30) days before or ten (10) days after a statewide primary, election or referendum or within thirty (30) days before or ten (10) days after any other primary, election or referendum;

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

Section 1. The bond referendum with respect to the bond orders referenced above shall be held on November 4, 2003.

Section 2. The Clerk is hereby directed to cause a notice of the referendum to be published twice in the form prescribed by law in a qualified newspaper, the first such publication to be not less than fourteen (14) days before the last day on which voters may register for the referendum and the second publication to be not less than seven (7) days before the last day on which voters may register for the referendum.

Section 3. The Clerk is hereby directed to mail or deliver a certified copy of this resolution to the Board of Elections of Orange County within three (3) days after the date on which this resolution is adopted by the Town Council.

This the 8^th day of September, 2003.

d. Resolution Establishing the Order of the Bond Questions for Voters on the Proposed Official Ballot.

COUNCIL MEMBER VERKERK MOVED R-1B, ORDERING THE REFERENDUM QUESTIONS AS FOLLOWS: SIDEWALKS, GREENWAYS, LIBRARY, OPEN SPACE, PUBLIC BUILDINGS.

Council Member Wiggins asked to put the Library first. Council Member Verkerk explained that her rationale for putting sidewalks first was that sidewalks had been the number one priority at the Council's planning retreat. Also, she thought it would be better to mix the orders up than to prioritize, she said.

Mayor Foy stated that he viewed the bond referendum as a package. He liked the idea of the Library being part of the bonds rather than leading them since it is different from the other four, he said.

Council Member Wiggins argued that the Town had a thick document calling for Library improvements. She said that she separated the bonds into two categories: things the Town needs, and things the Town wants. Although she understood the desire to not prioritize, she remarked, wants and needs should make a difference because of the impact that these orders will have on taxes.

Council Member Verkerk replied that the Town does not need an outside consultant and a huge document to tell it that it needs sidewalks. She resisted the suggestion to separate bonds into wants and needs, arguing that it was subjective. Some might see sidewalks as a need and the Library as a want, Council Member Verkerk pointed out.

Mayor pro tem Evans noted that there would be controversy about some projects. She expressed concern about moving amounts to construct 50% of sidewalks and greenways, and asked how that 50% had been arrived at.

Council Member Ward commented that he viewed sidewalks as a transportation need similar to fare free buses. He described 50% of the documented shortfall in sidewalks as an aggressive amount of money to ask the community to spend. Council Member Ward recommended taking time to spend that money, adding that he would not feel obligated to spend it in seven years.

Council Member Kleinschmidt pointed out that the feeling of urgency for sidewalks and greenways had been with the Town for 15 years. This bond in no way overstates the need, he said. Council Member Kleinschmidt agreed with Council Member Verkerk's suggestion to place the Library among the other bonds. He predicted that such placement would enhance the opportunity for passage of all five.

Council Member Verkerk said that she hears a sense of urgency regarding sidewalks from parents with young children. She repeated that the Council had agreed at their planning retreat to make sidewalks their number one priority.

Council Member Bateman commented that the Council had not intended to prioritize the bonds. She did not think the voters would "give out" before getting to bond number five, she said.

Mayor Foy stated that he had not prioritized these bonds and would be glad to have one lump sum bond before the voters.

In the interest of time, Council Member Wiggins agreed to the order that Council Member Verkerk had suggested. But, she emphasized, that all Council members should understand that what they are doing impacts the affordability of Chapel Hill. Council Member Wiggins commented that the Town Council seemed ambivalent about how affordable they wanted the Town to be.

Council Member Strom stated that equity starts to fall away if people do not invest in their community. The bonds as a group reflect the Town's values well, he said. Council Member Strom stated that he would support the bonds and expressed confidence that all five would pass enthusiastically this year.

THE MOTION WAS SECONDED BY COUNCIL MEMBER STROM TO ADOPT R-1B ESTABLISHING THE SUGGESTED ORDER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING THE ORDER OF THE BOND QUESTIONS FOR VOTERS ON THE PROPOSED OFFICIAL BALLOT FOR THE SPECIAL BOND REFERENDUM SCHEDULED FOR NOVEMBER 4, 2003 (2003-09-08/R-1b)

WHEREAS, the Town Council has adopted five Bond Orders for various capital improvements projects to be considered in a Bond Referendum on November 4, 2003; and

WHEREAS, the Town Council has discussed and considered a desirable order for the bond questions to appear on the Official Ballot for the Bond Referendum;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs that the bond questions on the official ballot for voters in the bond referendum on November 4, 2003, appear in the following order:

1. Bond Order Authorizing the Issuance of $5,600,000 Sidewalk and Street Bonds of the Town of Chapel Hill, North Carolina.

2. Bond Order Authorizing the Issuance of $5,000,000 Parks and Recreation Facilities Bonds of the Town of Chapel Hill, North Carolina.

3. Bond Order Authorizing the Issuance of $16,260,000 Library Facilities Bonds of the Town of Chapel Hill, North Carolina.

4. Bond Order Authorizing the Issuance of $2,000,000 Open Spaces and Areas Bonds of the Town of Chapel Hill, North Carolina.

5. Bond Order Authorizing the Issuance of $500,000 Public Building Bonds of the Town of Chapel Hill, North Carolina.

BE IT FURTHER RESOLVED that copies of this resolution be distributed to the Orange County Board of Elections for use in preparing the official ballot for the bond referendum on November 4, 2003.

This the 8^th day of September, 2003.

Item 3 - Petitions by Citizens and Announcements by Council Members

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

3a(1). Sabrina Farrar regarding a safety issue in the Culbreth Park Subdivision.

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

3a(2). Paul Dye regarding a request for speed bump on Brookstone Road, and that Northfield Drive be opened for use by Chapel Ridge residents.

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

3a(3). Sandra Cummings regarding noise related to the Habitat for Humanity Project on Sunrise Road.

Ms. Cummings thanked Council members for reviewing and responding to the petition from the Sunrise Coalition regarding noise levels at the Habitat for Humanity site on Sunrise Road. She expressed disappointment that no action would be taken at this time but said that Coalition members remained assured that the Council would take action after the concept plan has been filed. With regard to her statement before the Town Council on May 12, 2003, Ms. Cummings noted that the minutes had not included the following: "We request that if Habitat cannot do acoustical studies that the Town take responsibility for doing so, so that we can more accurately assess the situation and make the appropriate provisions."

Ms. Cummings stated that the Sunrise Coalition strongly believed it was time for the Town Council to develop a proactive policy statement addressing requirements for noise analysis and noise abatement for all future development along I-40 through Chapel Hill. Ms. Cummings also asked that Town leaders take a more active role in lobbying the NC Department of Transportation (NCDOT) for State-funded noise abatement measures where levels exceed federal and NCDOT guidelines. She submitted a written statement to be added to the record.

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

b. Petitions by citizens on items on the agenda. None.

c. Announcements.

3c(1). Council Member Strom.

Council Member Strom referred to a letter from UNC Chancellor Moeser that included a "formal request" that Town staff begin working closely with UNC's consulting team on the Carolina North project. Council Member Strom praised the approach, but noted that the Council was not ready to give the staff such direction. He explained that the Committee developing concepts and principles for Carolina North had not yet submitted their final report to the Council, so the Council had not been able to absorb that report and develop its own principles and goals, he said. Council Member Strom recommended giving the Town staff a clear directive to slow this process down at this time.

Mr. Horton commented that UNC probably wished to engage the Town in discussions of issues such as which intersections need to be studied and which roads might need to widened. Mr. Horton agreed that Council members had not yet set out goals and objectives or engaged in discussions with the University in the way that it had prior to enactment of the OI-4 zoning.

Council Member Wiggins suggested asking UNC what kind of help they were asking for before refusing to give it. They might just want some purely technical interpretation, she said. Mr. Horton and Mayor Foy agreed with that approach. If what they need is extraordinary, Mr. Horton said, the staff would come to the Council for guidance.

Council Member Ward agreed that it would be a while before the Council could give the staff its vision of a development that would be acceptable. He recommended that the Council be proactive and have ground rules. Town staff and the Council were not yet in a position to answer the University's questions, Council Member Ward said.

Council Member Kleinschmidt pointed out that the information UNC was seeking probably was not ordinary. If it had been then the Chancellor would not have "formally," in his words, asked for cooperation form the Town staff, he said. Council Member Kleinschmidt recommended that Mayor Foy make it clear in a letter to the Chancellor that the Council expects a report on September 22^nd from the Horace Williams Committee. The letter should also include the Council's expected timeline following that report, he said. Council Member Kleinschmidt suggested that the letter state that the Council would develop a set of principles and then begin the collaborative process with UNC.

Council Member Strom pointed out that the Council had embarked on the Horace Williams/Chapel Hill North project in a different way. The Town will have its own vision and will not simply react to plans that come in, he said. Council Member Strom pointed out that the staff cannot react to proposals because they have no instruction at this point from the Council on how to react.

Council Member Wiggins repeated her suggestion that Mayor Foy find out what kind of information the University was seeking before responding. Mayor Foy proposed asking the Manager to give the Council some guidance on what kind of information would be available as a matter of course. He also asked the Manager to set out the Council schedule for this project. Mayor Foy noted that the Council would have to come to some conclusions about the Horace Williams Committee report within a limited amount of time. And, he added, they would need to fit it into their schedule over the next couple of months, if this Council wants to see it to its finish. Mayor Foy agreed with Council Member Wiggins' suggestion and with Council Member Kleinschmidt's suggestion to include a timeline.

Mayor pro tem Evans commented that the Council certainly would not want to send the message that it was unwilling to cooperate. She suggested saying that they want to cooperate and will be ready to do so by the end of November.

Council Member Strom recommended saying, rather, that Council members would "do their best" to be ready by the end of November. He noted, however, that one of the recommendations in the set of principles was to create a new zone for the Carolina North property. If the Council decides to do that, said Council Member Strom, they probably will not be ready by the end of November.

Mayor Foy agreed, stating that the Council should lay out its timeline and state when it would reach certain conclusions.

COUNCIL MEMBERS AGREED BY CONSENSUS TO HAVE THE MANAGER BRING BACK A REPORT ON SEPTEMBER 22, 2003, THAT INCLUDES OPTIONS AND A TIMELINE.

Mr. Horton stated that he would bring back a process with options for the Council's consideration at the next Council meeting.

3c(2). Mayor pro tem Evans.

Mayor pro tem Evans noted that she had put the 2003 Triangle Regional Smart Growth report card at everyone's place. She said they would also be placed in the information folders for all candidates for Town Council.

3c(3). Council Member Kleinschmidt.

Council Member Kleinschmidt announced the annual NC Pride Festival in Durham on September 20^th. The Festival will recognize the last 19 years of significant growth and influence of the gay and lesbian population in North Carolina, he said. Council Member Kleinschmidt also announced the second annual North Carolina Dyke March on September 21^st on Franklin Street. He encouraged all Chapel Hillians to get out and attend the festival and support the marchers.

Council Member Kleinschmidt asked when a petition that Sally Greene had presented at the last meeting would be addressed again. Mr. Horton agreed to check on that and let him know.

Item 4 - Consent Agenda

With regard to 4l, Proposed Process for Consideration of Triangle Regional Transit Consolidation/Implementation Plan, Council Member Bateman pointed out that there had been some confusion over the perception of a merger. Mayor Foy explained that the Town had received a report on a proposal to merge the public transportation systems of Durham, Cary, Raleigh and Chapel Hill. Chapel Hill's system is a partnership between Chapel Hill, Carrboro, and UNC, he pointed out, so the partners would have to agree on any change and there would be plenty of opportunity public input.

There will not be any rapid change to the current Chapel Hill Transit System, said Mayor Foy. He added that any change would be an improvement and that the partners would consider whether or not a merger would be an improvement before taking any step. Mayor Foy explained that Durham, Cary and Raleigh were interested in having as good a system as Chapel Hill's. The Town should do all it can to foster that growth in their system, he said, but it has no intention of doing anything that would adversely affect Chapel Hill's system.

MAYOR PRO TEM EVANS MOVED R-2, SECONDED BY COUNCIL MEMBER VERKERK. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-09-08/R-2)

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:

a.	Nominations for Appointment to Various Advisory Boards and Commissions (R-3).
b.	Town Operations Center Request for Expedited Review (R-4).
c.	Proposed Process to Consider Possible Revisions to the Greenways Portion of the Comprehensive Plan (R-5).
d.	Amendment to Audit Contract for Fiscal Year 2002-2003 (R-6).
e.	Response to Offer to Purchase Lot #6 (R-7).
f.	Deleted.
g.	Proposed Capital Repairs to the Carolina Sport Art Building (R-9, O-1, O-2).
h.	Request for Funding for the Familias del Pueblo Road Race (O-3).
i.	Request for Funding from the County of Durham for the Greater Triangle Area Civic Index Community Forum (O-4).
j.	1609 East Franklin Street Special Use Permit Modification Time Extension Request (R-10a, b).
k.	Proposed Schedule for 2006-2012 Transportation Improvement Program (R-11).
l.	Proposed Process for Consideration of Triangle Regional Transit Consolidation/ Implementation Plan (R-12).

This the 8^th day of September, 2003.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-09-08/R-3)

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:

Orange County Solid Waste Advisory Board

Randy Kabrick

Jan Sassaman

This the 8^th day of September, 2003.

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT APPLICATION FOR THE TOWN OPERATIONS CENTER (2003-09-08/R-4)

WHEREAS, the Town Council has received a request from the Town Manager for expedited processing of a Special Use Permit application seeking approval of development of the Town Operations Center; and

WHEREAS, the Town Council finds that there is a public interest associated with development of the Town Operations Center;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application for Town Operations Center in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 8^th day of September, 2003.

A RESOLUTION AUTHORIZING THE MANAGER AND THE GREENWAYS COMMISSION TO START A PROCESS TO SOLICIT INPUT FOR POSSIBLE MODIFICATIONS TO THE GREENWAYS MASTER PLAN (2003-09-08/R-5)

WHEREAS, on May 26, 1998 the Council adopted the Chapel Hill Greenways Master Plan as a component of the Town’s Comprehensive Plan, and

WHEREAS, the Greenways Commission expressed concern that certain portions of the Greenways Master Plan may require modification;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Greenways Commission to hold a series of public forums to gather input related to possible changes to a number of trails in the Greenways Master Plan including but not limited to the Battle Branch Trail, Dry Creek Trail, Rail Trail, Tanyard Branch Trail, and Wilson Creek Trail.

BE IT FURTHER RESOLVED that the Manager is authorized to:

Solicit the comments of the Bicycle and Pedestrian Advisory Board, Parks and Recreation Commission, Planning Board, and Transportation Board at the conclusion of the public forum process,
Hold a Public Hearing to solicit additional comments from the public at a time that is convenient to the Council.

This the 8^th day of September, 2003.

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE AMENDED ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 2003-2004 (2003-09-08/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to sign an amended contract with the Certified Public Accounting firm of McGladrey and Pullen, LLP, with a fee increase of $7,500 for assistance in preparation of Town financial statements for fiscal year 2002-2003.

This the 8^th day of September, 2003.

A RESOLUTION NOTING THE COUNCIL’S LACK OF INTEREST IN SELLING PARKING LOT #6 AND AUTHORIZING THE MANAGER TO PROCEED TO EXTEND THE CURRENT LEASE OR ADVERTISE FOR A NEW TENANT FOR A ONE YEAR TERM (2003-09-08/R-7)

WHEREAS, the Council of the Town of Chapel Hill has received a letter inquiring whether the Council is interested in selling Parking Lot #6; and

WHEREAS, the Council is considering economic development plans for the downtown; and

WHEREAS, other groups in the community are also considering plans for improving the downtown; and

WHEREAS, the Town, in compliance with G.S. 160A-272, advertised its intent to consider leasing Lot #6 at its September 8 meeting;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it does not wish at this time to sell Parking Lot #6.

BE IT FURTHER RESOLVED that the Manager is authorized to execute the present lease of the lot for one year with the option to renew for two one-year periods with revised rental rates.

This the 8^th day of September, 2003.

A RESOLUTION AUTHORIZING THE MANAGER TO SPEND $30,209 TO REPLACE THE SIDING, MAKE ROOF REPAIRS, AND ADDRESS OTHER PROBLEMS ON THE CAROLINA SPORT ART BUILDING AT 2200 HOMESTEAD ROAD (2003-09-08/R-9)

WHEREAS, on January 13, 2003 the Council authorized the Manager to execute a lease with Carolina Sport Art gymnastics school in order to allow the continued operation of a gymnastics school in the building; and

WHEREAS, the condition of the Carolina Sport Art building warrants immediate capital repairs; and

WHEREAS, Carolina Sport Art makes lease payments of $1,150 per month; and

WHEREAS, the Town has collected interest payments from unused payments in lieu of recreation areas;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to spend $30,209 to replace the siding, make roof repairs, and address other problems on the Carolina Sport Art building at 2200 Homestead Road using lease payments from the Carolina Sport Art gymnastics school and interest on payments in lieu of recreation areas.

This the 8^th day of September, 2003.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2003-09-08/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:

SECTION I

The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital Improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.

SECTION III

Revenues anticipated to be available to the Town to complete the project are hereby amended as follows:

Current Budget Revised Budget

Adopt-A-Trail Grant 39,630 39,630

Clean Water Management Grant 200,000 200,000

Chapel Hill-Carrboro School 148,059 148,059

Metropolitan Planning Grant 79,000 79,000

State Bicycle/Pedestrian Grant 300,000 300,000

Pritchard Park Gift 100,193 100,193

Pritchard Park Interest & Rental Income 63,807 63,807

Donations 2,000 2,000

Orange County Bond Funds 205,000 205,000

Transfer from CIP Fund 423,549 423,549

Transfer from General Fund 76,875 76,875

Transfer from Library Gift Fund 383,450 383,450

Interest Earnings 88,156 88,156

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

OWASA Reimbursement 42,931 42,931

Pedestrian Signal Reimbursement 5,000 5,000

N.C. DOT Grant 207,500 207,500

Installment Purchase Proceeds 1,200,000 1,200,000

Library Gifts and Donations 175,000 175,000

Other 10,500 30,209

Public Arts Commission Grant 6,000 6,000

Total 3,969,515 3,989,224

SECTION IV

Amounts appropriated for capital projects are hereby amended as follows:

Current Budget Revised Budget

Booker Creek Linear Park 20,000 20,000

Dry Creek Trail 275,430 275,430

Lower Booker Creek Trail 721,749 721,749

Pritchard Park 164,000 164,000

Southern Community Park 205,000 205,000

Willow Drive Bridge 343,952 343,952

Hargraves 50,000 50,000

Scroggs School Athletic Fields 148,059 148,059

N. C. 54/Hamiliton Improvements 170,000 170,000

Morgan Creek Trail 89,375 89,375

Hargraves Renovations 1,206,000 1,206,000

Percent for Art Program 7,000 7,000

Carolina Sports Art Building 10,500 30,209

Library Technology Plan 558,450 558,450

Total 3,969,515 3,989,224

SECTION V

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

SECTION VI

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

This the 8^th day of September, 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-09-08/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, 2003” as duly adopted on June 9, 2003 be and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Non-Departmental
Transfer to Capital
Projects Fund	0	5,909		5,909

ARTICLE II

REVENUES	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Fund Balance	1,290,306	5,909		1,296,215

This the 8^th day of September, 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-09-08/O-3)

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Non-Departmental
Contingency	45,438		1,000	44,438

Agency Contributions	601,500	1,000		602,500

This the 8^th day of September 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2003-09-08/O-4)

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Non-Departmental
Contingency	44,438		500	43,938

Agency Contributions	602,500	500		603,000

This the 8^th day of September, 2003.

A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR 1609 EAST FRANKLIN STREET (2003-09-08/R-10a)

WHEREAS, Madison Partners, LLC has requested an extension of the completion time limit for 1609 East Franklin Street; and

WHEREAS, Article 4.5.5.c of the Chapel Hill Land Use Management Ordinance requires Council to make the determination that a) the permit holder submits the request within 60 days of the completion time limit; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and

WHEREAS, a) the permit holder submitted the request within 60 days of the completion date; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request of Madison Partners, LLC for the extension of the completion date of the 1609 East Franklin Street to October 11, 2004.

This the 8^th day of September, 2003.

A RESOLUTION SETTING A PUBLIC FORUM FOR DEVELOPMENT OF THE 2006-2012 CHAPEL HILL TRANSPORTATION PRIORITY LIST (2003-09-08/R-11)

WHEREAS, the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization has proposed a schedule for developing the 2006-2012 State and Metropolitan Transportation Improvement Programs; and

WHEREAS, the Metropolitan Planning Organization has requested local governments prepare transportation project priority lists for use in the development of a Regional Transportation Priority List;

NOW, THEREFORE, BE IT RESOLVED that the Town Council schedules a public forum on the 2006-2012 Chapel Hill Transportation Project Priority List at 7:00 pm on October 8, 2003 in the Council Chambers, 306 N. Columbia Street.

BE IT FURTHER RESOLVED that the Council requests that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee hold its public hearing on the draft Regional Priority List in February, 2004 to allow for adequate local comment.

BE IT FUTHER RESOLVED that the Council schedules a public forum on the 2006-2012 Regional Priority List at 7:00 pm on January 12, 2004 in the Council Chamber, 306 N. Columbia Street.

This the 8^th day of September, 2003.

A RESOLUTION RECEIVING THE TRIANGLE REGIONAL TRANSIT CONSOLIDATION/IMPLEMENATION PLAN AND ESTABLISHING A PROCESS FOR REVIEWING THE PLAN (2003-09-08/R-12)

WHEREAS, the North Carolina Department of Transportation has initiated the Triangle Regional Public Transportation Coordination Project to study of the impacts of improved coordination and possible consolidation of regional transit services; and

WHEREAS, the Town of Chapel Hill operates the largest local transit system in the Research Triangle region and serves the largest number of daily riders; and

WHEREAS, the Town of Chapel Hill has participated in the funding and development of the Triangle Regional Transit Consolidation/Implementation Plan; and

WHEREAS, the Triangle Regional Transit Consolidation/Implementation Plan has been completed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby formally receives the Triangle Transit Consolidation/Implementation Plan.

BE IT FURTHER RESOLVED that the Council refers the Plan to the Chapel Hill Transportation Advisory Board and Chapel Hill Public Transit Committee for comments.

BE IT FURTHER RESOLVED that the Council will schedule a work session in November, 2003, at a date and time to be determined, to review the Plan

This the 8^th day of September, 2003.

Item 5 - Information Items

With regard to 5a, Quarterly Report on Crime Rates in Chapel Hill and the Northside Neighborhood, Council Member Wiggins asked the staff to begin providing a narrative along with crime reports in which the Police Chief would interpret and evaluate figures. Mr. Horton offered to provide such a narrative with this current report as well.

Council Member Harrison asked if 5e, Response to Petition from Sunrise Coalition regarding Potential Habitat Development, which had been deleted, would come back at another time. Mr. Horton replied that the person who had submitted it had withdrawn it.

With regard to 5a, Quarterly Report on Crime Rates in Chapel Hill and the Northside Neighborhood, Council Member Bateman asked that the next report include definitions of larceny, burglary and robbery.

Mayor Foy clarified that the responses from the Police Chief would be in writing. Council Member Ward asked that the Police Chief put 34 robberies in a six-month period in Chapel Hill in context. He wanted to know more than that robberies had decreased by 11%, he said. Mr. Horton replied that the staff would provide information on the Town's robbery rate relative to other communities. Council Member Harrison inquired about the population figure, and Mr. Horton replied that it probably was based on census data.

Council Member Kleinschmidt thanked the staff for the report regarding the crime of vocal appeals at night (5c - Update on Panhandling). He asked when the next report on that crime would come before the Council. Mr. Horton replied that he hoped that quarterly would be sufficient.

COUNCIL MEMBERS ACCEPTED THE REPORTS BY CONSENSUS.

Item 6 - Town Operations Center

a. Town Operations Center Budget and Concept Plan.

Assistant Town Manager Sonna Loewenthal explained that the staff had reviewed costs with the goal of reducing them as the Council had instructed in June. The staff had also conducted a needs assessment for a daycare center at the Town Operations Center (TOC), she said. Ms. Loewenthal explained that the staff had determined over the summer that the cost projections were as reasonable as could be expected. But they had identified possible cost reductions, she said, through phasing construction and through use of pre-engineered buildings. Ms. Loewenthal noted that the staff had also identified some cost additions.

Ms. Loewenthal suggested that Council members consider the sales tax refund, which could be as much as $1 million for this project. She discussed other potential revenues, noting that they expect to receive federal transit-oriented funding, which would, if the Town received all of it, pay for 90% of transit-related costs. Ms. Loewenthal emphasized that the Town does not know how much it will get and does not know when it will know that. But they might use short-term financing as necessary and could turn that into long-term financing if they do not receive the full amount of funding, she said.

Ms. Loewenthal explained that it was reasonable to expect about $11.25 million in grants. This would include a 10% local match that would be shared among the three partners in the Chapel Hill Transit System, she said. She noted that the staff was also moving aggressively to obtain funding from NC Moving Ahead. They also expect to receive about $130,000 this fall in highway funds for the Millhouse Road railroad crossing and the signal at Millhouse/Eubanks Roads, she said. Ms. Loewenthal told Council members that the staff was looking for additional highway funding to pay for improvements to Eubanks Road and the reconstruction of Millhouse Road.

Ms. Loewenthal noted that the Town was eligible for funding under the Congestion Management/Air Quality Fund. The staff would learn more about that over the next year or so, she said. She pointed out that all of these funds would apply to transit only and that public works, information services, and emergency operations would be funded with Certificates of Participation.

Architect Ken Redfoot, of Corley Redfoot Zack, listed the Town's core values with regard to this project: sustainable development, environmental sensitivity, and fiscal prudence. He then reviewed the layout of the 88-acre site.

Council Member Bateman asked about the square footage of the two transportation facilities. Mr. Redfoot replied that the transit facility was planned for 62,900 square feet, which includes operations and maintenance buildings, fuel and wash areas, and half of the shared area.

Council Member Ward clarified that these figures reflect a 30-year build-out.

Mr. Redfoot explained that the projected budget of approximately $50,475,000 would be reduced to about $49,475,000 with the sales tax refund. He pointed out that the daycare center would add another $1.2 million, however. Referring to the comparison of cost estimates between June and September 2003, Mr. Redfoot showed where some costs had been reduced and others had increased.

Council Member Harrison inquired about the additional cost for a pump station, expressing surprise that the staff had not known about the need for that in June. Mr. Redfoot replied that they had not known that OWASA would require dismantling the Larkspur pump station and connecting that with a force main and gravity line. This added to the cost of what needs to be done at the TOC, he said.

Mr. Redfoot reviewed the breakdown of projected costs between the transit facility ($18,217,800) and the public works facility ($27,078,900).

Council Member Strom noted that using pre-constructed buildings could save 7.5% and verified that this would apply to construction costs only.

Mr. Redfoot reviewed the list of additions and reductions and the costs associated with them. Mayor Foy asked him to distinguish between the terms "delay" and "delete" in the chart. Mr. Redfoot explained that "delay" meant redesigning the building to accommodate that in the future, and delete meant that this particular component of the project was work that would be shipped out. Mayor Foy determined that the delays had come about because of the 15-year rather than 30-year horizon. Delete had come about for other reasons, he said, and it meant that the Town would not build it at all.

Mr. Redfoot explained that all of the reductions listed totaled $4,459,000. He then itemized the cost additions totaling $713,000. With regard to the $858,300 reduction for deleting the archive storage room, Mayor pro tem Evans commented that that space might be used for items from the Old Post Office basement. Mr. Redfoot replied that the archive storage is 1,800 square feet. Mr. Horton explained that the Town Clerk and Public Works had been working to make improvements over the past year in the storage room at the Post Office. It will become a better and more useful space, he said, adding that it was he who had suggested deleting the archive storage room at the TOC. But that could be added back in at any time the Council decided to do so, Mr. Horton said. Mayor pro tem Evans remarked that she'd not been aware that the Post Office facility had been improved.

Mayor Foy asked if the Town would qualify for State reimbursement in the event of contamination after removal of the underground storage tanks. Mr. Horton replied that the Town had not received reimbursement on other occasions, but offered to check on that.

Council Member Ward inquired about the removal of furnishings from the budget. Mr. Horton replied that the Town would make do with the furnishings it has. If the workforce is expanded then the Town will have to find a way to pay for furnishings out of its operating budget, he said.

Council Member Bateman told Council members that she had been asked why the Town was planning to spend $18 million on the transit center when the School System spent only $968,000 on theirs in 1994-95. The Town has 83 buses and its transportation center needs to be 63,000 square feet, while the School System has 74 buses and its center is 5,089 square feet, she said. Council Member Bateman asked what crucial differences accounted for such a big difference.

Mr. Redfoot explained that the School System had only one bay and did only minor repair to its buses. And the buses are significantly different in terms of how often they are used, he said. Mr. Redfoot stated that the biggest difference was in the number of people that need to be accommodated and the kinds of maintenance that needed to take place on the more sophisticated Town buses. He noted that the School's facility did not have areas for dispatching, a group room, or an administration area. The School District project did not have to support the huge offsite costs that are necessary to get this project running, Mr. Redfoot said.

Council Member Bateman stated that this information was helpful, but she still could not understand the "incredibly large discrepancy." Mr. Horton pointed out that the School System does not provide the same level of service as the Town or the kind of comprehensive maintenance that the Town is required to meet. He asked Mr. Redfoot to explain the role of Parsons Brinkerhoff, the construction engineer engaged by the Town.

Mr. Redfoot explained that Parsons Brinkerhoff had worked with transit facilities across the country, in major urban areas as well as growing areas such as Chapel Hill. They have about 250 of these facilities in their portfolio, he said. Mr. Redfoot explained that his firm had joined Parsons Brinkerhoff on this project and had leaned on them heavily. These costs reflect what Parson Brinkerhoff had said was the going rate for facilities of this type, he said.

Mr. Horton added that Parsons Brinkerhoff had taken actual work on Town facilities and extrapolated for future demands. They had tried to make sure they were being realistic and not excessive in any way, he said.

Council Member Strom commented that the program seemed to be driving the design and that the flexibility had been on the budget side. He pointed out that Mr. Redfoot and the staff had very carefully looked at the programmatic elements to see what could be reduced. But, what would they do at this point if the Council allotted only $20 million, he asked. "That would be a turnabout," Mr. Redfoot replied. He stated that he had been hired to come up with a program that took all of the needs of staff and administration into account. He had been asked to put that program into a design criteria document and a building program that would be used to establish plans and to come back with a preliminary budget, and then cost reductions, he said. Mr. Redfood stated that if he were first given a budget then he would essentially have to start the process anew. Mr. Horton added that the plan had been guided by the key ideas of sustainability, environmental sensitivity, and fiscal prudence. Making fiscal prudence the driving force and making a drastic change there would drastically affect the other two, he pointed out.

Council Member Strom commented that the word "drastic" was a subjective one, and Mr. Horton agreed. Council Member Strom noted that the Council had gone into this with a $30 million notion and that it had become a program-driven rather than budget-driven project. He was having trouble feeling comfortable without at least seeing what a budget-driven project might look like, he said. Mr. Horton replied that the staff had done their best to be responsible about the budget and had valued fiscal prudence. But fiscal prudence had not driven the project, he said.

Council Member Bateman surmised that the School System had been given a budget that allowed a limited amount. She told Mr. Redfoot that she did not in any way blame him, since he had done exactly what the Council had asked him to do. She commented that a reduced budget might not be the ideal, but it works. Council Member Bateman explained that she was trying to decide whether it was better to have the ideal or better not to saddle the taxpayer with any more than is necessary.

Council Member Harrison supported the Manager's analysis of the difference between a municipal system and a school bus system. There really is no comparison, he said, adding that the school bus system is much smaller and simpler than the Town's bus operation. Even if the School System could have built a more expensive facility, said Council Member Harrison, it would not approach what the Town needs.

Council Member Ward asked if switching to a 15-year horizon would allow the Town to stay south of the rural buffer and create vehicle storage on the Town's side of the stream. Mr. Redfoot replied that parking reductions already were in the plan. The plan had built-out occupancy to only 2006, he said, explaining that it included graded, grassy areas that were capable of expansion for parking and buildings.

Council Member Ward suggested contacting UNC about their plan to bring fiber optics to Carolina North and determining whether that might be extended down Airport Road. Mr. Horton replied that the staff had been in touch with UNC regarding that. UNC intended to stop it at Carolina North, he said, with the exception of extending some service to Chapel Hill High. Mr. Horton added that preliminary information regarding whether UNC could extend service to the TOC under State law had not been encouraging.

Council Member Ward asked if Mr. Redfoot had any information regarding lighting with pre-engineered buildings. Mr. Redfoot replied that the 7.5% savings comes from using a simple, standard building that would not incorporate daylighting in the way an architect would design it. It would have a low, sloped, metal roof similar to the Chapel Hill/Carrboro bus facility, he said. Council Member Ward pointed out that having buildings architecturally designed creates greater up-front costs but might sometimes result in cost savings over time.

Mr. Redfoot explained that the budget supports daylighting and the use of alternative methods of getting energy, such as photovoltaics and flat plate solar collectors, and underground water storage tanks. The plan was to keep true to the objective of sustainable development, he said.

Council Member Ward asked if some of the grading could be done in advance. Mr. Horton replied that regular Town services would suffer if Town workers had to contribute significantly to that work.

Council Member Strom stated that he would have trouble supporting a $45 million budget.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNICL MEMBER BATEMAN, THAT THE COUNCIL ASK THE STAFF AND CONSULTANTS TO COME BACK WITH A PUBLIC WORKS-RELATED PROJECT WITH A BUDGET OF $20 MILLION.

Council Member Strom recommended seeing what that would look like before taking action on Resolution R-14.

Council Member Bateman asked if Council Member Strom was suggesting taking all of the funding from the public works center. Council Member Strom replied that he accepted the Manager's recommendation that the federal guidelines of the transit-related side were of a different nature than school operations. He proposed, therefore, that there was much more flexibility on the public works-related side of the budget.

Mayor Foy asked, if the Council adopted the motion, to see how the choices were made for itemized reductions and associated costs. The Council might want something in between, he said. Mr. Horton suggested that the staff bring back a list of itemized reductions in a format similar to what Mr. Redfoot had presented tonight. He added that this could be done more efficiently and less expensively if there were no public process involving advisory committees and so forth.

Council Member Ward asked that the report include the long-term cost implications of cutting back.

With regard to the Certificates of Participation, Council Member Wiggins ascertained that the Town probably would not incur all of the dept at one time. Mr. Horton explained that they would do so in stages over the course of construction. The Town would arrange for significant portions of it, he said, so that it would come on line over a fairly short period of time. With regard to the transit funding, Mr. Horton reported that the staff had been trying to hit the 90% target. But some of that might come back to the Town of over a period of years, he said.

In reference to an earlier question from Council Member Wiggins, Mr. Horton explained that the Town had produced savings of about $90,000 per year when it refinanced the parking deck costs. That does not retire the debt, he said, but it did refinance a portion of it. Mr. Horton added that the $90,000 each year could be used to partially offset some of the future costs that the Council might incur.

Council Member Wiggins asked that a schedule for the financing, and the tax implications, come back with the budget.

Mayor pro tem Evans asked where the $20 million figure had come from. Council Member Strom replied that he had looked at the budget and the square footage of cost estimates on some of the buildings. Then he recalled that the original $30 million budget had approximately $15 million on the public works side, he said.

Mayor pro tem Evans recommended not pinpointing a specific amount. Council Member Strom replied that not doing so was how the Council got into the present situation. Mayor pro tem Evans described having to redo this as a wrenching, time-consuming process for the staff. She also remarked that $1/4 million was a huge amount of money for art. That could be a bond project, she said. Mayor pro tem Evans pointed out that the Town Council could change costs by the policy decisions that it makes.

Ms. Loewenthal noted a list of funding on page eight of the agenda item totaling $11,247,861. She said that the Town was not certain of that money, however, but there was the possibility of receiving funds from a number of other sources. Ms. Loewenthal said that the staff assumed that whatever was left over from the $18 million would be shared with the partners. So the Town alone would not pay the full amount, she said.

Ms. Loewenthal explained that the Town had already spent $577,000 on land for the transit side alone. If the Town receives the full 90% funding, she said, the local match would be quite low for the Town. Ms. Loewenthal added, however, that they do not have the same kind of funding proposals for public works. She noted that the Town would receive $1,330,000 in the fall of 2003 for architectural design work for the transit center. They already have $130,000 from the highway side of DOT, she said.

Council Member Ward described it as "a reasonable and very significant challenge" to ask the Manager and staff for a vision of what $20 million would provide. There is value in that, he said, because the Council can start adding back on towards the $27 million and feel comfortable with the number they come up with. Council Member Ward stated that this was a reasonable thing for the Council to do when talking about spending taxpayers' money.

Council Member Kleinschmidt expressed hope that the Percent for Art program would not be eliminated since it had been enacted as a Town ordinance. The $20 million program should at least be in accordance with past ordinances that are in effect, he said.

Mayor Foy noted that it was 10:10 p.m. and that the Council needed a resolution if it intended to go beyond 10:30 p.m. He also reminded Council members that there was a resolution on the floor regarding the proposal to ask the staff for a $20 million budget. Mayor Foy suggested discussing the daycare center at the next meeting in order to get on with the other scheduled agenda items.

Council Member Strom asked Council member Kleinschmidt if his remarks about keeping to the ordinances was intented as a friendly amendment. Council Member Kleinschmidt replied that he assumed and hoped that it would just be part of Town policy. Mr. Horton agreed that the Town cannot violate its ordinances.

Council Member Bateman verified that the total cost of the 88-acre site had been $1,360,000.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO HAVE STAFF AND CONSULTANTS COME BACK WITH A BUDGET OF $20 MILLION FOR PUBLIC WORKS FACILITY, AS AMENDED BY MAYOR FOY TO INCLUDE AN ITEMIZED LIST OF REDUCTIONS, BY COUNCIL MEMBER WARD TO INCLUDE THE LONG-TERM FINANCIAL IMPACT OF NOT BUILDING THE FACILITY AS PROPOSED, AND BY COUNCIL MEMBER WIGGINS TO INCLUDE THE TAX IMPACT ON CITIZENS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

b. Consideration of Issues Related to a Potential Day Care Center at the Town Operations Center.

The Council agreed by consensus to defer this item to September 22, 2003.

Item 7 - Response to Street Fair Review

Committee Report Recommendation

Mr. Horton said that the staff had embraced the ideas put forward by the Committee and was prepared to make a presentation to the Council if necessary.

Mayor Foy asked Parks and Recreation Director Kathryn Spatz to present a brief outline of the recommendation. Ms. Spatz explained that the 18-person Steering Committee had made 10 recommendations. The main one was to keep the fairs as they are and to include the unsanctioned events following the fairs as part of the sanctioned events, she said. Ms. Spatz stated that the key message had been that these events would only be successful if they truly are community events and the community has a broad hand in planning, implementing, and evaluating them. The Committee's recommendation was essential and the staff hopes to move on that quickly, said Ms. Spatz.

Mayor Foy noted the Committee's recommendation that there be a Street Fair Review Committee, appointed by Parks and Recreation Department, to work with all interested parties.

McCauley Street resident Adrian Halpern complained that cruising after street fairs subjects Downtown neighborhoods to an aural assault that goes on for at least six hours. He said it ties up streets, impedes local traffic, and creates blockages for emergency vehicles. He noted that only two Committee members were Chapel Hill residents and that neither lives on streets that are directly affected. Mr. Halpern asserted that the 16 non-residents on the Committee either directly or indirectly benefit from street fairs. He objected to the timing of the Committee meetings and the lack of written notifications to affected residents. Also, Mr. Halpern said, noise impact had not been properly evaluated and the Street Fair Review Committee had "totally railroaded" Downtown residents on the cruising issue. Mr. Halpern requested that the Council not adopt the recommendation to sponsor cruising and either find another venue for the fairs or pay for strict policing of Downtown neighborhoods to prevent cruising.

Mayor Foy, pointing out that Council members already had reviewed Resolution R-16, read aloud what it entailed.

Mayor pro tem Evans asked if addressing the needs of affected neighborhoods could be one of the charges to the Committee. Mr. Horton suggested including a bullet saying "address noise impacts and access issues affecting nearby neighborhoods."

MAYOR PRO TEM EVANS MOVED R-16 WITH THE ADDITION OF A BULLET READING “ADDRESS NOISE IMPACTS AND ACCESS ISSUES AFFECTING NEARBY NEIGHBORHOODS”, SEOCNDED BY COUNCIL MEMBER KLEINSCHMIDT.

Council Member Wiggins asked how the noise issue could be addressed. Mr. Horton replied that the staff would work with the Committee to try and find a way to improve the situation. Council Member Wiggins pointed out that eliminating noise accompanying some activities might mean eliminating the activities themselves. Mr. Horton replied that the staff would allow the event to continue but would try to limit adverse effects on neighbors.

Mayor Foy noted that this might be done by choice of routes and access. Mr. Horton added that they might get cooperation on an ending time once it is a Town-sponsored event.

Council Member Verkerk said that the statement in the materials saying "bringing together whole families" struck her as exclusive. She suggested changing it to "the community." Mr. Horton suggested substituting "citizens."

Council Member Harrison asked if the Steering Committee would plan the event. Ms. Spatz replied that they probably would go beyond the Steering Committee to involve the NAACP, bike and car groups, and public safety.

Council Member Ward proposed that the Steering Committee had underrepresented merchants and neighbors. He suggested including four neighborhood representatives and two merchants, rather than two and one. Council Member Ward noted a discrepancy in the report with regard to University Mall's interest in serving as an alternative location. Ms. Spatz replied that the first reference was an error and that University Mall was not interested.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-16, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Before beginning discussion of item 8, Council members agreed by consensus to defer Agenda items 9 and 10 to September 22, 2003.

Item 8a - Chapel Hill Public Arts Commission Report and

Recommendation on 2003-2004 Public Art Plan

Recommended 2003-2004 Public Art Plan.

Public Arts Commission Co-chair Andrew Ross presented the 2003-2004 Annual Public Art Plan. He displayed slides showing two new exhibitions at Town Hall and the Public Library. Mr. Ross described two Arts in Education programs and nine sculptures that had been installed on sites throughout Chapel Hill. He stated that the inaugural Arts Round Town program had been a great success and stated that two Percent for Art projects had been completed.

Mr. Ross indicated the attached recommendation for the 2003-2004 Annual Public Art Plan, which identified the following current and future projects: Franklin Street Post Office, one of six tennis and basketball courts, Streetscape, the IFC shelter, sidewalk and bicycle facilities, small park improvements, greenways, the TOC, Library expansion, the Aquatics Center, greenways infrastructure, and the Community Center.

Council Member Ward inquired about funds for maintenance. Mr. Ross replied that there was an amount in the budget for maintenance for the Town's total collection. But the Commission had not yet looked at holding specific amounts aside for each individual project, he said. Council Member Ward suggested that maintenance come out of the Percent for Art program. He recommended investigating what other Towns had done and determining how much should be set aside for maintenance. Mr. Ross agreed that this would be an appropriate question to put before the Public Art Review Committee.

Council Member Wiggins asked if more Downtown benches could be fabricated. Mr. Ross agreed to discuss that with the artist. In response to a question from Council Member Bateman, Mr. Ross replied that they had approached Orange County about using one percent of their funds for art. But it was not definite that the County would do so, he said.

Mayor pro tem Evans asked if the Commission had been involved with Downtown murals. Mr. Ross replied that they had partnered with the Downtown Commission on other projects but not that one. He agreed that it would be appropriate to do so, however, because murals are, in a sense, part of the Town's collection. Mayor pro tem Evans pointed out that the murals also need to find a revenue stream for maintenance. Mr. Ross pointed out, though, that mural artists sometimes wants to maintain a mural and sometimes wants to replace it.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-17. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A PUBLIC ART PLAN FOR 2003-2004 (2003-09-08/R-17)

WHEREAS the Council of the Town of Chapel Hill adopted a Percent for Art Program on March 4, 2002; and

WHEREAS, this program includes an annual consideration by the Town Council of a Public Art Plan to be recommended by the Chapel Hill Public Arts Commission; and

WHEREAS, the Public Arts Commission has recommended such a program, including three 2003-2004 projects which should include 1% of the project budget for public art; three 2003-2004 projects which should include 1% of the project budget to a pool of funds for future public art projects (as the project budget does not provide enough funds to adequately commission a public art project); and five potential projects which are not yet funded by the Town, but are nonetheless important future projects to receive 1% of their project budget for public art;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager in conjunction with the Public Arts Commission is authorized to implement the following Public Art Plan:

2003-2004 PROJECTS

Project CIP Budget

Old Post Office $1,500,000

To include a community-based public art project on-site that will be initiated with a dialogue between the community and the Public Arts Commission. The artwork will reflect the community’s values and the historical significance of the location.

Tennis and Basketball Courts $300,000

To include a public art project at one of the six sites receiving capital repairs. The exact site and scope of the public art component will be determined in collaboration with community members and the Parks and Recreation Department.

2004 Streetscape Project $172,000

The exact scope of the public art component will be determined. The art budget will be pooled with 1% from the 2003 Streetscape Project ($150,000), as approved in the 2002-2003 Public Art Plan.

IFC Shelter $450,000

This project was included in the 2002-2003 Annual Public Art Plan but not in last year’s adopted CIP budget. The exact scope of the public art component will be determined. The art piece will be located on-site.

2003-2004 PROJECTS TO POOL

Project CIP Budget

Sidewalk and Bicycle Facilities $50,000

The exact site and scope of the public art component is yet to be determined. Funding for 2003-2004 will be pooled with future funds in order to adequately commission a public art project that will enhance sidewalks and bicycle facilities.

Small Park Improvements $20,000

The exact site and scope of the public art component is yet to be determined. Funding for 2003-2004 will be pooled with future funds in order to adequately commission public art that will enhance the small parks.

Greenways $55,000

POTENTIAL PROJECTS

The Public Arts Commission seeks to begin conceptual development for each of the following potential projects. Although the exact scope of the public art component(s) has yet to be determined, the importance and scale of these projects warrant early attention and preliminary planning in order to effectively maximize their respective percent for art budgets.

Project

Town Operations Center

Library Expansion

Aquatics Center - Homestead Park

Greenways Infrastructure

Community Center

BE IT FURTHER RESOLVED that the Town Manager is directed to allocate 1% of project budgets with contracts under $300,000 to public art.

BE IT FURTHER RESOLVED that the program will be implemented according to the guidelines adopted in Resolution 2002-03-04/R-8, and only to the extent that funding is appropriated for the capital projects, and that the source of funding allows expenditures for public art.

This the 8^th day of September, 2003.

Selection of Artist for Percent for Art Hargraves Center/A/D. Clark Pool Extraordinary Maintenance Project.

Percent for Art Committee Chair Jeff Cohen gave a brief report on the Clark Pool Extraordinary Maintenance Project. He explained that Hillsborough artist David Wilson had emerged as the recommended artist for this project. Mr. Wilson's work displays a particular sensibility to the traditional values of family and religion, and the relationships in the African and African-American communities, Mr. Cohen explained. He announced that David Wilson would develop seven proposals for outdoor murals to present to the Council for review and approval.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-18 AUTHORIZING THE MANAGER TO ENTER INTO A CONTRACT WITH DAVID WILSON. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH DAVID WILSON FOR PUBLIC ART AT THE HARGRAVES CENTER (2003-09-08/R-18)

WHEREAS, the Council of the Town of Chapel Hill adopted a Percent for Art Program on March 4, 2002; and

WHEREAS, the Town Council has adopted a budget for the Hargraves Center/A.D. Clark Pool extraordinary maintenance project of $1,087,600, including $10,876 for public art; and

WHEREAS, the Council allocated an additional $7,000 from the 2003 Capital Improvements Program budget to the art project at the Hargraves Center; and

WHEREAS, $6,100 of the $7,000 from the 2003 Capital Improvements Program budget allocated to the art project at the Hargraves Center remains; and

WHEREAS, the Public Arts Commission received a grant from the North Carolina Arts Council in the amount of $3,000, and will match this grant with an additional $3,000 for this project; and

WHEREAS, the Public Arts Commission will pay to the Town the amount of $6,000 for this project; and

WHEREAS, the Public Arts Commission has conducted an artist selection process consistent with the guidelines included in the resolution of March 4, 2002, and recommends that the Town Council authorize a contract between the Town and David Wilson;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to enter into a contract with David Wilson such that the cost of the contract and related costs do not exceed $22,976 in Town funds to complete artwork in the form of seven mural panels.

BE IT FURTHER RESOLVED that the Public Arts Commission is authorized to proceed with inviting public involvement in the development of the art project.

This the 8^th day of September, 2003.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ENACT O-5 AMENDING THE CAPITAL PROJECTS ORDINANCE FOR THESE CAPITAL PROJECTS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2003-09-08/O-5)

SECTION I

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.

SECTION III

Revenues anticipated to be available to the Town to complete the project are hereby amended as follows:

Current Budget Revised Budget

Adopt-A-Trail Grant 39,360 39,630

Clean Water Management Grant 200,000 200,000

Chapel Hill-Carrboro School 148,059 148,059

Metropolitan Planning Grant 79,000 79,000

State Bicycle/Pedestrian Grant 300,000 300,000

Pritchard Park Gift 100,193 100,193

Pritchard Park Interest & Rental Income 63,807 63,807

Donations 2,000 2,000

Orange County Bond Funds 205,000 205,000

Transfer from CIP Fund 423,549 423,549

Transfer from General Fund 76,875 76,875

Transfer from Library Gift Fund 0 383,450

Interest Earnings 88,156 88,156

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

OWASA Reimbursement 42,931 42,931

Current Budget Revised Budget

Pedestrian Signal Reimbursement 5,000 5,000

N. C. DOT Grant 207,500 207,500

Installment Purchase Proceeds 1,200,000 1,200,000

Library Gifts and Donations 175,000 175,000

Other 10,500 10,500

Public Arts Commission Grant 0 6,000

Total 3,963,515 3,969,515

SECTION IV

Amounts appropriated for capital projects are hereby amended as follows:

Current Budget Revised Budget

Booker Creek Linear Park 20,000 20,000

Dry Creek Trail 270,800 275,430

Lower Booker Creek Trail 721,749 721,749

Pritchard Park 164,000 164,000

Southern Community Park 205,000 205,000

Willow Drive Bridge 343,952 343,952

Hargraves 50,000 50,000

Scroggs School Athletic Fields 148,059 148,059

N. C. 54/Hamiliton Improvements 170,000 170,000

Morgan Creek Trail 89,375 89,375

Hargraves Renovations 1,200,000 1,206,000

Percent for Art Program 0 7,000

Carolina Sports Art Building 0 10,500

Library Technology Plan 0 558,450

Total 3,382,935 3,969,515

SECTION V

SECTION VI

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

This the 8^th day of September, 2003.

COUNCIL MEMBERS AGREED BY CONSENSUS TO DEFER ITEMS 9 AND 10 TO SEPTEMBER 22, 2003.

Item 11 – Appointments

a. Bicycle and Pedestrian Board. The Council appointed Claire Millar.

Council Members

Bicycle and Pedestrian Advisory Board

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Jed Dube

Christine Khoury

Oliver Medzihradsky

Claire Millar

Brynda Smith

Tony Smith

Barry Starrfield

Nathaniel Stookey

Karen Whichard

c. Community Design Commission. The Council appointed John Runkle.

Council Members

Community Design Commission

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Stephen Manton

Nancy Morton

Brandon Perkins

John Runkle

d. Orange County Solid Waste Advisory Board. The Council appointed Randolph Kabrick.

Council Members

Orange County Solid Waste Advisory Board

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Randolph Kabrick

Jan F. Sassaman

e. Appointment of Five Council Members to Five Public Art Review Committees

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-21 APPOINTING MAYOR PRO TEM EVANS TO THE TOC, COUNCIL MEMBER JIM WARD TO THE PUBLIC LIBRARY, COUNCIL MEMBER BATEMAN TO THE HOMESTEAD AQUATICS CENTER, COUNCIL MEMBER HARRISON TO THE GREEN INFRASTRUCTURE COLLABORATION, AND COUNCIL MEMBER BILL STROM TO THE SOUTHERN COMMUNITY PARK. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPOINTING COUNCIL MEMBERS TO THE FIVE PUBLIC ART REVIEW COMMITTEES. (2003-09-08/R-21)

WHEREAS, the Town Council enacted the Percent for Public Art Ordinance on March 4, 2002; and

WHEREAS; the Chapel Hill Public Arts Commission has established Public Art Review Committees for each of five current and proposed capital projects as follows:

the Town Operations Center;
the expansion of the Public Library;
the Homestead Park Aquatic Center;
the Green Infrastructure; and
the Southern Community Park; and

WHEREAS: the membership of each Public Art Review Committee is to include a representative of the Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby appoints the following Council members to the five projects currently identified:

Town Operations Center: Mayor pro tem Pat Evans.

Expansion of the Public Library: Council Member Jim Ward.

Homestead Park Aquatic Center: Council Member Flicka Bateman.

Green Infrastructure: Council Member Ed Harrison.

Southern Community Park: Council Member Bill Strom.

This the 8^th day of September, 2003.

Item 9a - Proposed Process and Schedule for Developing

a Bicycle and Pedestrian Action Plan

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-19A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)

A RESOLUTION ADOPTING A PROCESS AND SCHEDULE FOR THE PREPARATION OF A BICYCLE AND PEDESTRIAN ACTION PLAN FOR THE TOWN OF CHAPEL HILL (2003-09-08/R-19)

WHEREAS, the Chapel Hill 2000 Comprehensive Plan includes the objective to “develop and maintain a pedestrian circulation system, including sidewalks and greenway trails, that provides direct, continuous, and safe movement within and between districts of Town. Link neighborhoods to activity centers, transit stops, schools, parks, and other neighborhoods”; and

WHEREAS, the Chapel Hill 2000 Comprehensive Plan includes the objective “develop and maintain a system of safe and efficient bikeways (on-street bike lanes and off-street paths within greenways) designed to contribute to Town-wide mobility, connecting neighborhoods with activity centers, schools, parks, and other neighborhoods”; and

WHEREAS, the Comprehensive Plan calls for development of a comprehensive pedestrian and bicycle network; and

WHEREAS, the Town of Chapel Hill adopted a set of goals for 2003 which includes the preparation of a Bicycle/Pedestrian Improvement Action Plan;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Chapel Hill that the process and schedule dated September 8, 2003, and attached hereto is hereby approved for developing a Bicycle and Pedestrian Action Plan.

BE IT FURTHER RESOLVED that the process and schedule be referred to the Planning Board, the Transportation Board, Greenways Commission, Parks and Recreation Commission, and the Historic District Commission to request their participation in the process.

This the 8^th day of September, 2003.

The meeting adjourned at 10:55 p.m.