SUMMARY MINUTES OF A BUSINESS MEETING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JUNE 23, 2003, AT 7:00 P.M.

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

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

Council Member Flicka Bateman was absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Finance Director Jim Baker, Transportation Director Mary Lou Kuschatka, Engineering Director George Small, Stormwater Engineer Fred Royal, Assistant to the Mayor Emily Dickens, Library Director Kathy Thompson, Traffic Engineer Kumar Neppalli, Senior Planner Kay Pearlstein, Principal Planner Gene Poveromo, Public Works Director Bruce Heflin, and Town Clerk Joyce Smith.

Mayor Foy explained that the Council would end the meeting at 10:30 p.m. He said that any items not addressed by that time would be carried over to June 25^th.

Item 1 - Ceremonies: None.

Item 2 - Public Hearings

a. Schools Adequate Public Facilities Ordinance

Town Manager Cal Horton explained that the staff had received a request from Orange County Attorney Jeff Gledhill asking for "technical adjustments" to this item. Mr. Gledhill had also suggested that Council members not vote until next Wednesday to interested individuals an opportunity to view the new language.

Town Planning Director Roger Waldon noted that the Council already had enacted the ordinance. But, he added, this was coming back tonight because of a caveat stating that the ordinance would become effective once all partners have adopted the Memo of Understanding, to which some partners had requested changes. Therefore, Mr. Waldon stated, the Council must again approve the Memo of Understanding with the adjusted language.

Mr. Waldon explained that the new language makes if clear that if Orange County does not act in good faith and continues forward with its adopted Capital Improvements Program (CIP) for school construction, either Chapel Hill or Carrboro may opt out of the arrangement. Also, an addendum states that limitations applying to high school capacity would not be in effect until the Town has a third high school in place, he said.

Mr. Waldon recommended that the Town readopt the Memo of Understanding (Resolution A) and agree to the addendum regarding high school capacity (Resolution B). He noted a few additional technical clarifications that Mr. Gledhill had asked the Town to consider and recommended that the Council adopt Resolution A with those adjustments. Mr. Waldon agreed that waiting until June 35^th to vote seemed like a good idea.

Nick Tennyson, speaking on behalf of the Homebuilders Association of Durham and Orange Counties, said that the problems with concurrency were that it takes a tremendous amount of money to make it work and it typically results in overcrowded schools and roads. Developers were concerned about this, he said, and they wondered what would suddenly cause a 50% decrease in the growth of schools six years out. Mr. Tennyson predicted that the decrease would happen because "we have basically shut things down."

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER COMMENTS AND TO HOLD THE PUBLIC HEARING OPEN TO JUNE 25, 2003 AT 7:00 P.M. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

b. Public Hearing to Consider Using Installment Contract for Refinancing the Town’s Parking Certificates of Participation

Finance Director Jim Baker noted that the purpose of this public hearing was to receive comments from citizens on the proposed use of an installment contract to refinance the Town’s existing Parking Certificates of Participation issued in 1994 to finance the James C. Wallace Parking Deck and portions of other Town parking facilities.

Mr. Baker noted that the resolution before the Council for consideration would declare findings by the Council that a proposed installment contract is a necessary and expedient method to accomplish this refinancing, and would authorize the Manager, Finance Director and Attorney to file an application with the North Carolina Local Government commission for approval of the purchase and a proposed financing contract. He noted the application to the Commission would be filed in June, for consideration by the Commission on September 3, 2003.

Mr. Baker stated the Town has an opportunity to refinance its existing Parking Certificates of Participation that will result in significant debt service savings. He noted that the current outstanding Certificates run for twenty more years, maturing in 2023. Mr. Baker said the Certificates are eligible for refinancing effective December 1, 2003, and the refinancing can be completed as early as September, 2003.

Mr. Baker commented that on June 9, 2003, the Council began the process necessary to obtain approval from the Local Government Commission to refinance, or replace, these Parking Certificates by adopting a resolution calling for tonight’s public hearing to consider this refinancing using an installment contract. Notice of the public hearing was published in the Chapel Hill Herald on June 13, 2003, he said, as required by procedures of the Commission.

Mr. Baker stated staff recommends soliciting proposals from financial institutions for an installment contract to replace the existing parking certificates. He said our preliminary analyses indicate that potential total dollar debt service savings could be about $1.7 million over a twenty-year period at current interest rates, and more than $2 million if refinanced for only a fifteen-year period. We are continuing our discussion with our advisors on the best terms for this refinancing, he said, and plan to request banking proposals for a twenty-year and fifteen-year maturity.

Mr. Baker noted that after hearing from citizens at tonight’s public hearing, the Council could proceed with the process necessary to obtain approval of this refinancing by adopting Resolution R-2, presented in a format prescribed by the Commission. If adopted, he said, the resolution would state the Council’s findings that an installment contract is a necessary and expedient method to accomplish this refinancing, and authorize the Manager, Finance Director and Attorney to file an application with the Commission for approval of the proposed financing contract. Mr. Baker said we propose to formally file the application with the Commission in June.

Mr. Baker stated that in accord with the schedule established to complete the approval process, we would solicit proposals from financial institutions for the financing of the project during the summer, and submit recommendations on the award of the financial contract to the Council on August 25.

Mayor pro tem Evans commented that there was a possibility that interest rates would again be reduced. She asked that when Mr. Baker said that we would formally file in June, when is the interest rate locked in. Mr. Baker answered that once the financial institution makes its offer, the interest rate is set. Mayor pro tem Evans asked if the Town could refinance again if the interest rates are further reduced. Mr. Baker said that if we take proposals and the Council accepts those proposals, we would not be able to do it again. He added it was his feeling that the interests rates were about as low as they will get.

Mayor Foy noted that no citizens had signed up to speak on this issue.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION R-2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A-20 (2003-06-23/R-2)

WHEREAS, the Town of Chapel Hill, North Carolina desires to refinance its existing Parking Certificates of Participation eligible for a current refunding on December 1, 2003; and

WHEREAS, the Town desires to refinance the Parking Certificates of Participation by the use of an installment contract authorized under North Carolina General Statute Chapter 160A, Article 3, Section 20; and

WHEREAS, findings of fact by the governing body must be presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statute Chapter 159, Article 8, Section 151 prior to approval of the proposed contract;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, meeting in a regular session on the 23rd day of June, 2003, makes the following findings of fact:

l. The proposed contract is necessary and expedient in order to take advantage of an opportunity to refinance the Town’s outstanding Parking Certificates of Participation to accomplish significant debt service savings.

2. The proposed contract is preferable to a bond issue for the same purpose because timing is of the essence in order to take advantage of current market interest rates that would result in significant debt service savings, and the amount of up to $6.85 million is more than can be prudently raised from currently available appropriations, unappropriated fund balances, and non-voted bonds in a timely manner.

3. The cost of financing under the proposed contract is expected to be less than the cost of issuing general obligation bonds.

4. The sums to fall due under the contract are found to be adequate and not excessive for the proposed purpose.

5. The debt management policies of the Town are found to have been performed in strict compliance with applicable law and will be continued in the future.

6. No tax increase would be necessary to meet the sums to fall due under the anticipated contract.

7. The Town is not in default in any of its debt service obligations.

8. The attorney for the Town has rendered an opinion that the proposed refinance is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina.

BE IT FURTHER RESOLVED that the Manager, Finance Director, and Attorney are hereby authorized to act on behalf of the Town in filing an application with the North Carolina Local Government Commission for approval of the land purchase and the proposed financing contract and actions not inconsistent with this resolution.

This the 23^rd day of June, 2003.

Item 3 - Petitions by Citizens and Announcements by Council Members

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

1. Margaret Brown, Chair of the Orange County Board of Commissioners, regarding a request for enforcement of County Regulated Recyclable Materials Ordinance.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER FOR FURTHER CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

2. Chris Corton and Char Gray, regarding a request for traffic-calming on Silver Creek Trail.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

3. Maria Hitt, Healthy Carolinians of Orange County, regarding a request to discuss Orange County Community Health Needs Assessment with Mayor or Council Members.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MAYOR'S OFFICE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

4. Loren Hintz, Transportation Board Chair, requesting modification of current Bicycle Facilities Policy.

Mr. Hintz explained that both Chapel Hill and Carrboro had recently held forums on transportation. Copies of those minutes would be sent to the Council as information items, he said.

Mr. Hintz noted that a Transportation Board petition before the Council requested action on their February 18, 2003 petition to modify the current Bicycle Facilities Policy. He asked Council members to address this during their first Council meeting in September. Mr. Hintz explained that the Board had discussed the proposed change with the Community Design Commission, Planning Board and Greenways Commission. All had gone on record in support of the change, he said. Mr. Hintz added that the Bicycle and Pedestrian Advisory Board had held an informational forum and would vote on the issue tomorrow. Transportation Board members believe this is important and that the sooner a decision was made the better they will perform when looking at development projects, he said.

Mayor pro tem Evans stated this issue should be put on the agenda. Why would the Council refer it, she asked, since there already were so many reports. Mr. Horton pointed out that Council had not yet heard from the Bicycle and Pedestrian Advisory Board. He recommended that the Council wait for that report, as a matter of courtesy, before scheduling a meeting.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER FOR FURTHER ADVICE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

5. Planning Board Vice Chair Sally Greene, regarding timetable for OI-4 zoning.

Ms. Greene asked the Council to initiate a process for review with an eye toward changing the timetable for reviewing applications under OI-4 zoning. It is difficult, she said, for the Planning Board to sort out a University plan at one meeting. Ms. Green argued that 90 days was not enough time to make a decision, especially during the summertime when many citizens are away. She asked Council members to consider appointing a Mayor's committee to look at lengthening the timetable.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

6. Ruby Sinreich, Vice Chair of the Horace Williams Committee, regarding a letter from Committee Chair Kathleen Kearns.

Ms. Sinreich stated that some on the Horace Williams Committee felt that the University was moving too fast on the Carolina North property and not allowing the Town to have meaningful input into the process. She explained that Ms. Kearns had asked in her letter that the Town Council take steps to ensure that its input is taken into account at this early stage.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

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

c. Announcements by Council members. None

Item 4 - Consent Agenda

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-3 WITH ITEM 4i (R-10) AMENDED TO APPOINT COUNCIL MEMBERS BATEMAN, FOY AND STROM TO THE AQUATICS CENTER PROJECT PLANNING COMMITTEE.

Council Member Bill Strom stated that those Council members had served on the Southern Park Planning Committee, pointing out that this project was similar.

Mayor Foy explained that there would not be another meeting regarding Southern Community Park until September and that getting the Aquatics Center going would be a good use of Council members' time during the interim. It would be the same process, he said, and they were merely asking for the Council's blessing to do that.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-06-23/R-3)

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.	Adoption of Minutes of March 19, April 28 and 30, May 12, 14, 19, and 21, and Closed Session of June 9, 2003.
b.	Nominations to the Technology Committee (R-4).
c.	Year-End Budget Amendment for 2003-04 (O-1); (O-2).
d.	Bid Award for Installment Contract for Land Purchase (R-5) (O-2.1).
e.	Revised Lease for the Public Housing Program (R-6).
f.	Recommended 2003-04 Human Service Performance Agreements (R-7).
g.	Acceptance of a Proposed Easement for the Booker Creek Linear Park (R-8).
h.	Acceptance of an Adopt-a-Trail Grant for the Dry Creek Trail Project (R-9).
i.	Resolution Authorizing Mayor to Submit Request to the Board of Orange County Commissioners to Start the Process for Development of Homestead Park Aquatics Center (R-10).
j.	Authorization to Apply for Federal and State Grants for Public Transportation (R-11).
k.	Project Ordinance for a 2003-04 Transportation Planning Grant (O-3).
l.	Resolution Authorizing Contracts with the University of North Carolina and the Town of Carrboro for Provision of Public Transportation Services (R-12).
m.	Award of Bid for Resurfacing (R-13).
n.	Authorization for Performance Agreement for Cultural Arts Group’s Annual Community Dinner (R-14).
o.	Calling a Public Hearing on Water-Sewer Provisions of the Land Use Management Ordinance (R-15).
p.	Authorization of Contract for Parking Study (R-16); (O-4).
q.	Grant Project Ordinance for the 2003-04 Community Development Entitlement Program (O-5).
r.	Declaring Vacancy on Historic District Commission (R-17).
s.	Reservation of School Sites (R-17.1).
t.	Revision to Ordinance Related to Off-street Parking Time Limits and Proposed Increase in Time Limits at Parking Lot #5 (O-5.1).

This the 23^rd day of June, 2003.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-06-23/R-4)

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:

Technology Committee

Terrelle Buckner

Uzoma Nwosu

This the 23^rd day of June, 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 (2003-06-23/O-1)

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

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease		Revised Budget

GENERAL FUND
Public Works	9,841,262	1,229,600			11,070,862
Town Manager	967,690	800			968,490
Police	9,332,066	141,925	7,500		9,446,491
Fire	4,916,177	31,800	7,500		4,940,477
Engineering	1,087,545	200,000			1,287,545
Finance	888,372	21,000			909,372
Library	1,982,963		20,000		1,962,963
Human Resources	532,238	15,000			547,238
Non-Departmental
Transfer to Debt Service Fund	2,343,000	170,000			2,513,000

DEBT SERVICE FUND	2,343,000	170,000			2,513,000
VEHICLE MAINTENANCE FUND	886,296	538,000			1,424,296
CAPITAL IMPROVEMENTS FUND	1,295,080	442,422			1,737,502
DOWNTOWN SERVICES DISTRICT FUND	70,000	18,000			88,000
LIBRARY GIFT FUND	106,000	403,450			509,450
TRANSPORTATION FUND	9,828,556	1,600			9,830,156

ARTICLE II

REVENUES	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND
Property Taxes	20,707,000	21,000		20,728,000
State-Shared Revenue	9,489,000	370,000		9,859.000
Grants	531,260	1,385,609	20,000	1,896,869
Fund Balance	1,779,238	18,516		1,797,754

DEBT SERVICE FUND	2,343,000	170,000		2,513,000
VEHICLE MAINTENANCE FUND
Fund Balance	17,412	538,000		555,412
CAPITAL IMPROVMENTS FUND	1,295,080	442,422		1,737,502
DOWNTOWN SERVICES DISTRICT FUND
Fund Balance	0	18,000		18,000
LIBRARY GIFT FUND	106,000	403,450		509,450
TRANSPORTATION FUND	9,828,556	1,600		9,830,156

Copies of this budget 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 23^rd day of June, 2003.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2003-06-23/O-2)

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 amended as follows:

Current Budget Revised Budget

Adopt-A-Trail Grant 35,000 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 416,549 423,549

Transfer from General Fund 59,000 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

Pedestrian Signal Reimbursement 5,000 5,000

NCDOT Grant 207,500 207,500

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

Library Gifts and Donations 0 175,000

Other 0 10,500

Total 3,382,935 3,963,515

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 1,200,000

Percent for Art Program 0 7,000

Carolina Sports Art Building 0 10,500

Library Technology Plan 0 558,450

Total 3,382,935 3,963,515

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 23^rd day of June, 2003.

A RESOLUTON AUTHORIZING AN INSTALLMENT CONTRACT FOR THE PURCHASE OF ADDITIONAL LAND FOR THE PROPOSED TOWN OPERATIONS CENTER (2003-06-23/R-5)

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the lease-purchase of additional land for the proposed Town Operations Center; and

WHEREAS, RBC Centura offers the lowest interest rate of 2.65% for this purchase;

NOW, THEREFORE, BE IT RESOVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with RBC Centura on behalf of the Town for the lease-purchase of additional land for the proposed Town Operation Center at a fixed interest rate of 2.65% for a ten-year term.

BE IT FURTHER RESOLVED that the aforesaid contracts by and between the Town of Chapel Hill and Branch Banking & Trust, together with the amounts to be paid hereunder, be and the same are hereby designated as qualified tax-exempt obligations of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

BE IT FURTHER RESOLVED that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii) during the current calendar year.

This the 23^rd day of June, 2003.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR RENOVATIONS AND IMPROVEMENTS TO PUBLIC WORKS FACILITIES FUNDED FROM 1996 BONDS (2003-06-23/O-2.1)

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 following capital project established for Public Works Facility renovations funded from 1996 bonds approved by the voters in November 1996 is hereby amended as follows:

SECTION I

The capital projects as authorized by bond referenda approved in November, 1996 and as determined by the Town Council, includes the capital costs of renovating and adding facilities to support Public Works operations.

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 amended as follows:

Current Revised

Budget Budget

Bond Proceeds $500,000 $ 500,000

Transfer from General Fund 45,667 45,667

Installment Contract Proceeds 0 345,000

545,667 890,667

Amounts appropriated for the project are amended as follows:

Current Revised

Budget Budget

Public Works Renovations and Improvements $545,667 $ 890,667

SECTION IV

This the 23^rd day of June, 2003.

A RESOLUTION APPROVING REVISIONS TO THE LEASE FOR THE PUBLIC HOUSING PROGRAM (2003-06-23/R-6)

WHEREAS, the U. S. Department of Housing and Urban Development encourages and sometimes requires periodic revisions to the public housing leases; and

WHEREAS, revisions to the lease for Chapel Hill’s public housing program are necessary;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the lease for the public housing program as follows:

1. Amend Section 2 by adding the following:

No additional household members are allowed without advance approval from the Town. This includes, but is not limited to, parents, spouses, children, live-in aides and foster children; but excludes children born to household members. Additions to the household are subject to the size of the unit and, for adults, criminal background checks. Deletions from the household shall be reported to the Town within ten calendar days.

2. Amend Section 3 by adding the following:

If you abandon the unit or vacate the unit without notifying the Town within 15 calendar days of leaving, the security deposit will not be refunded to you.

3. Amend Section 5 by adding the following:

For residents choosing the Flat Rent Option, recertification of rent will be conducted every three years.

4. Amend Section 9 paragraph G by adding the following:

Consumption of alcoholic beverages is not allowed in the parking areas, recreation areas, or other common areas.

5. Amend Section 9 by adding the following paragraphs:

H. Not to allow persons who have been trespassed from public housing property to visit at your apartment or be on public housing property as your guest.

I. To refrain from allowing any person not named in Paragraph 2 of this lease to move in with you or spend more than 10 nights total as a guest or visitor in your home in any calendar year without the prior written permission of the Town.

P. To promptly pay utility bills to avoid disconnection of utility services.

S. To remove from the premises any vehicle without a valid registration and inspection sticker. To refrain from parking any vehicle in any right of way or fire lane. Any unlicensed or inoperable vehicle as described above will be removed at tenant’s expense.

T. Amend paragraph T by adding: Vehicles are not allowed on lawns or sidewalks.

W. Amend paragraph W by adding: including changing or adding locks to doors and windows.

Z. To take reasonable fire prevention measures including but not limited to: Not to disconnect smoke detectors/alarms, not to use gas or charcoal grills within 10 feet of buildings and not to store or keep flammable materials inside the apartment, storage buildings, or anywhere on the premises.

BB. To be responsible for the actions of the members of your household and your guests or visitors.

6. Amend Section 10 by adding the following paragraph:

Housekeeping Inspections: You agree to maintain the unit in a clean and sanitary condition. If you fail to maintain this housekeeping standard, you agree that upon reasonable advance notice (at least 2 days) a duly authorized agent or employee of the Town will be permitted to enter the apartment for the purpose of conducting housekeeping inspections in order to ensure that you are meeting the housekeeping standard. In addition, you agree to participate in a housekeeping program, designed to support your efforts to satisfy the housekeeping standard. Failure to maintain the housekeeping standard is a violation of your lease and may result in the termination of your lease.

7. Add Section 14 as follows:

14. NOTIFICATION OF POST OFFICE

If you are evicted for criminal or illegal activities, the Town will notify the local post office of the fact that you are no longer residing at the apartment so that the post office will stop mail delivery. You will then have no reason to return to the apartment.

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to regularly review the lease for the public housing program and make necessary and required revisions in accordance with federal regulations.

This the 23^rd day of June, 2003.

A RESOLUTION APPROVING 2003-2004 FUNDING FOR PERFORMANCE AGREEMENTS WITH HUMAN SERVICE AGENCIES AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (2003-06-23/R-7)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following allocations for performance agreements with human service agencies in 2003-2004 to address the community’s human service needs identified by the Human Services Advisory Board:

AGENCY	AMOUNT
A Helping Hand	1500
Adolescent Pregnancy Prevention Coalition of NC	1250
Alliance of Aids Services	1500
Alternative Sentencing	4000
Alternative Sentencing (New Program)	0
American Red Cross	750
Chapel Hill Training Outreach Project	4500
Charles House	5500
Child Care Services Association	10000
Communities In Schools of Orange County	5500
Community School for People Under 6	8500
Cornucopia House	2500
Dispute Settlement Center	8000
Duke Community Hospice Center	3500
El Centro Latino	6000
Family Counseling Service (CHANGE)	2500
Family Violence Prevention Center	14000
Freedom House	14000
Hopeline	500
Interfaith Council	5500
Kidscope	4000
Mental Health Association	6000
Middle School After School Program	27500
Orange County Disability Awareness Council	1000
Orange County Literacy Council	7000
Orange County Partnership for Young Children	1500
Orange County Rape Crisis Center	12000
Orange Enterprises	4000
Planned Parenthood	1000
SHAC	2000
Street Scene Teen Center	5500
The Arc	10000
The Leaflight	1000
The Women’s Center	11000
Triangle Reading Service	3500
AGENCY (con’t)	AMOUNT
UNC Department of Psychiatry	3500
Volunteers for Youth	5000
Youth Creating Change	1000
Total	206,000

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

This the 23^rd day of June, 2003.

A RESOLUTION ACCEPTING A PERMANENT EASEMENT FROM THE FEDERAL REALTY INVESTMENT TRUST FOR THE BOOKER CREEK LINEAR PARK PROJECT (2003-06-23/R-8)

WHEREAS, on August 23, 1999, the Council adopted the Booker Creek Linear Park Advisory Committee’s Report to the Town Council; and

WHEREAS, the Council accepted a grant for $349,707 from NCDOT with $87,427 in local matching funds for the construction of the Booker Creek Linear Park; and

WHEREAS, on June 10, 2002, the Council authorized the Manager to make necessary changes to the Booker Creek Linear Park project to reflect changes to the site since the adoption of the plan and new flood study information; and

WHEREAS, an easement from the Federal Realty Investment Trust is required in order to build the Booker Creek Linear Park;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts a permanent 2.8 acre greenway easement from the Federal Realty Investment Trust for construction of the Booker Creek Linear Park project.

This the 23^rd day of June, 2003.

A RESOLUTION ACCEPTING A $4,630 ADOPT-A-TRAIL GRANT FOR THE CONSTRUCTION OF A PARKING LOT ON THE 34-ACRE DRY CREEK OPEN SPACE PROPERTY (2003-06-23/R-9)

WHEREAS, in 1991, the Town of Chapel Hill, Orange County, City of Durham, and Durham County adopted the New Hope Corridor Open Space Master Plan, which includes trails along Dry Creek; and

WHEREAS, on June 23, 1997. the Council adopted the “Dry Creek Greenway Conceptual Report to the Town Council”, which set as a goal the construction of a trail along Dry Creek from East Chapel Hill High School to the Durham County line; and

WHEREAS, in 2000 the Council purchased the 34-acre Dry Creek open space property; and

WHEREAS, in 2002, the Council authorized the Manager to build natural surface trails on the 34-acre Dry Creek open space property; and

WHEREAS, there is currently no safe access to the property;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts a $4,630 Adopt-A-Trail grant for the construction of a 6-8 car gravel parking lot on the Town’s 34-acre Dry Creek open space property.

This the 23^rd day of June, 2003.

A RESOLUTION AUTHORIZING THE MAYOR TO WRITE TO THE ORANGE COUNTY BOARD OF COMMISSIONERS TO REQUEST THAT THE COUNTY REVIEW THE CONCEPT PLAN FOR THE HOMESTEAD PARK AQUATICS CENTER, SELECT MEMBERS FOR A PROJECT PLANNING COMMITTEE, AND ESTABLISH A SCHEDULE FOR APPROPRIATING DESIGN AND CONSTRUCTION FUNDS (2003-06-23/R-10)

WHEREAS, the voters of Orange County have on three occasions approved bond issues that could include funds for a new aquatics center; and

WHEREAS, the Council and the Board of Orange County Commissioners have established a process for development of joint projects; and

WHEREAS, the Council and the Board of Orange County Commissioners have appointed 2 members and 1 alternate each to the Southern Community Park Project Planning Committee; and

WHEREAS, the Southern Community Park Project Planning Committee has been meeting; and

WHEREAS, a member of the Board of Orange County Commissioners has agreed to place review of the concept plan for the Aquatics Center on the agenda of one of the Board’s September work sessions;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to communicate the following to the Board of Orange County Commissioners:

The Council requests that the Board of County Commissioners review the concept plan for the Homestead Park Aquatics Center in September 2003
The Council is ready to work with the Board of County Commissioners to resolve as quickly as possible any issues regarding the conceptual plan
The Council suggests that the Board of Orange County Commissioners appoint the Homestead Park Project Planning Committee and, as suggested by the Southern Community Park Project Planning Committee, the same Commissioners be appointed to this new Project Planning Committee to.
The Board and the Council should work together to establish a funding schedule for design fees and eventual construction.

BE IT FURTHER RESOLVED that the Council hereby appoints Mayor Kevin Foy and Council Members Bill Strom and Flicka Bateman as members of the Aquatics Center Project Planning Committee.

This the 23^rd day of June, 2003.

A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE U.S. DEPARTMENT OF TRANSPORTATION AND THE N.C. DEPARTMENT OF TRANSPORTATION FOR GRANTS UNDER TITLE 49, U.S. CODE OF THE FEDERAL TRANSIT ACT, AS AMENDED (2003-06-23/R-11)

WHEREAS, the United States Secretary of Transportation is authorized to make grants for mass transportation program of projects; and

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and

WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that in connection with the filing of applications for assistance under the Federal Transit Act, as amended, the applicant files an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements there under; and

WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts where procuring construction contracts, supplies, equipment contracts, or consultant and other services;

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

1. That the Town Manager is authorized to execute and file applications on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and the North Carolina Department of Transportation, to aid in the financing of operating, capital and planning assistance projects pursuant to Section 5303, 5307 and 5309 of the Federal Transit Act, as amended.

2. That the Town Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964.

3. That the Town Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications for the program of projects and budget.

4. That the Town Manager is authorized to set forth and execute affirmative minority business policies in connection with the project’s procurement needs.

5. That the Town Manager is authorized to execute grant agreements on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and N.C. Department of Transportation in aid to the financing of the operating, capital, and planning assistance for the program of projects.

This the 23^rd day of June, 2003.

AN ORDINANCE TO ADOPT A GRANT PROJECT ORDINANCE FOR A TRANSIT PROJECT (2003-06-23/0-3)

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

SECTION I

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

SECTION II

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

SECTION III

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

City of Durham (FTA & NCDOT) $60,615

Town of Chapel Hill (local match) 6,735

Total $67,350

SECTION IV

The following amounts are appropriated for the project:

Salaries - Full Time	$33,518
Salaries – Temporary	10,000
Fringe Benefits	1,768
FICA	3,352
Travel	3,700
Misc. Contractual Services	3,000
Supplies Software License/Support Equipment	2,500 1,500
Equipment	8,012
Total	$67,350

SECTION V

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

SECTION VI

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

This the 23^rd day of June, 2003.

A RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS WITH THE UNIVERSITY OF NORTH CAROLINA AND THE TOWN OF CARRBORO IN 2003-04 (2003-06-23/R-12)

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

This the 23^rd day of June, 2003.

A RESOLUTION AWARDING A CONTRACT FOR RESURFACING OF STREETS (2003-06-23/R-13)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on May 11, 2003, in accordance with G.S. 143-129 for the resurfacing of streets; and

WHEREAS, the following bids were received, opened and publicly read on May 24, 2003:

Vendor Asphalt Milling Markings Total

C.C. Mangum $268,800 $48,507.00 $10,124.00 $327,431.00

S.T. Wooten 256,200 40,512.20 10,369.77 307,081.97

Thompson-Arthur 271,600 61,237.50 9,671.15 342,508.65

Riley Paving Co. 265,832 40,511.20 9,101.75 315,444.95

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the May 24, 2003, bid of S.T. Wooten Corporation as adjusted for street resurfacing in the amount of $307,081.97, including both alternates, received in response to the Town's request for bids published on May 11, 2003, and opened on May 24, 2003, in accord with G.S. 143-129.

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with S.T. Wooten Corporation in the amount of $307,081.97 and to initiate and sign change orders to the contract, provided that the contracted cost of resurfacing, pavement marking and milling shall remain within the budget.

BE IT FURTHER RESOLVED that this contract may be extended by two years if mutually agreeable to the Town and S.T. Wooten Corporation at the same unit prices.

This the 23^rd day of June, 2003.

A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT WITH THE ORANGE COUNTY CULTURAL ARTS GROUP TO PROVIDE SUPPORT FOR THE ANNUAL COMMUNITY DINNER (2003-06-23/R-14)

WHEREAS, the Orange County Cultural Arts Group is seeking $500 in Town support for its Annual Community Dinner; and

WHEREAS, the next Community Dinner will be held on February 8, 2004; and

WHEREAS, the dinner promotes community interaction and understanding; and

WHEREAS, the Council’s 2003-04 Adopted Budget includes $500 reserved in Council contingency in case the Council wishes to make this appropriation for the dinner;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into a performance agreement with the Orange County Cultural Arts Group to provide support for the Annual Community Dinner.

BE IT FURTHER RESOLVED that the Council approves the appropriation of the $500 in Council contingency funds that has been reserved for the Community Dinner.

This the 23^rd day of June, 2003.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING PUBLIC WATER AND SEWER REQUIREMENTS IN THE LAND USE MANAGEMENT ORDINANCE (2003-06-23/R-15)

WHEREAS, Section 5.12.1(a) of Chapel Hill’s Land Use Management Ordinance states that “All development within the boundaries of Chapel Hill’s Urban Services Area, as defined in the Comprehensive Plan, shall be served by a public water supply and a public sanitary sewer system. No Zoning Compliance Permit or building permit shall be issued for any structure within the Town’s Urban Services Area (as defined in the Comprehensive Plan), absent evidence that the structure can be served by public water and sewer facilities;” and

WHEREAS, citizens have brought forward concerns about hardships that might be created by this provision for owners of existing dwelling units served by septic tanks;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for 7:00 p.m. on Monday, September 15, 2003, in Chapel Hill Town Hall, to consider amending language in Section 5.12.1(a) of the Land Use Management Ordinance.

This the 23^rd day of June, 2003.

A RESOLUTION AUTHORIZING CONTRACT FOR PARKING UTILIZATION STUDY (2003-06-23/R-16)

WHEREAS, the Chapel Hill Town Council intends to adjust parking requirements that are currently prescribed in Chapel Hill’s Land Use Management Ordinance; and

WHEREAS, the Council wishes to have current information about parking utilization patterns in Chapel Hill, and recommendations for new regulations based on current conditions and policies;

NOW, THEREFORE, BE IT RESOLVED that the Council authorizes the Town Manager to contract with LSA Associates, Inc., for services to study parking in Chapel Hill and make recommendations, as described in a “Town of Chapel Hill Parking Study Scope of Services” prepared by LSA Associates, Inc., dated June 17, 2003.

This the 23^rd day of June, 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 (2003-06-23/O-4)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Planning 1,015,717 45,000 1,060,717

ARTICLE II

REVENUES

GENERAL FUND

State-Shared Revenue 9,859,000 45,000 9,904,000

This the 23^rd day of June, 2003.

AN ORDINANCE ESTABLISHING THE 2003–2004 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (2003-06-23/O-5)

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

SECTION I

The projects authorized are the Community Development projects as approved by the Council on April 28, 2003: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD). The projects are known more familiarly as the 2003 Entitlement Community Development Block Grant. The grant activities include renovation of public housing, neighborhood revitalization, property acquisition, community services to low-income residents, and administration costs for the program.

SECTION II

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

SECTION III

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

Community Development Block Grant: $723,000

Reallocated Community Development funds: $ 5,250

Total $728,250

SECTION IV

The following amounts are appropriated for the project:

Public Housing $221,000

Renovation of Airport Gardens $165,000

Refurbishing Program $ 50,000

Playground Equipment $ 6,000

Comprehensive Housing Rehabilitation $150,000

Neighborhood Revitalization $115,750

Property Acquisition (Affordable Rentals) $ 80,000

Community Services $ 41,500

Family Resource Center $15,000

Orange County Literacy Council $13,500

YMCA $13,000

Administration $120,000

Total $728,250

SECTION V

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

SECTION VI

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

This the 23^rd day of June, 2003.

A RESOLUTION DECLARING A VACANCY ON THE HISTORIC DISTRICT COMMISSION (2003-06-23/R-17)

WHEREAS, the Rules of Procedures for the Historic District Commission state that any member of the Historic District Commission who misses more than three (3) consecutive regular meetings or more than half the regular meetings in a calendar year shall lose his or her status as a member of the Commission and shall be replaced or reappointed by the Council; and

WHEREAS a member of the Commission, Ms. Leigh Raynor, has missed eight consecutive meetings of the Commission; and

WHEREAS the Historic District Commission has requested that Ms. Raynor’s seat be declared vacant and another appointment be made to fill that seat;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council declares the seat on the Historic District Commission formerly held by Ms. Leigh Raynor to be vacant, and directs the Town Clerk to initiate procedures for recruiting a replacement for appoint to that seat.

This the 23^rd day of June, 2003.

A RESOLUTION CALLING A PUBLIC HEARING TO AMEND THE LAND USE MANAGEMENT ORDINANCE TO IMPLEMENT THE AUTHORITY PROVIDED BY SENATE BILL 494 PERTAINING TO RESERVATION OF SCHOOL SITES AND DIRECTING THE MANAGER TO WORK WITH THE SCHOOL SYSTEM TO IMPLEMENT THAT AUTHORITY (2003-06-23/R-17.1)

WHEREAS, Senate Bill 494 of the 2003 Session of the General Assembly would authorize the Town to enact zoning regulations to reserve school sites on property proposed for site plan or special use permit development;

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for September 15, 2003, to consider an amendment to the Town’s Land Use Management Ordinance to implement the authority provided by this legislation;

BE IT FURTHER RESOLVED that the Manager is directed to contact and work with the Chapel Hill Carrboro School System on the steps necessary to implement the provisions of this legislation and the proposed amendments to the Land Use Management Ordinance.

This the 23^rd day of June, 2003.

AN ORDINANCE AMENDING CHAPTER 21-29 OF THE CODE OF ORDINANCES TO ESTABLISH TIME LIMITS FOR PAY STATIONS/METERS IN PARKING LOT #5 (2003-06-23/O-5.1)

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

Section 1. Section 21-29 of the Town Code of Ordinances, “Parking Meter Zones,” is hereby amended by adding the following:

(14) Municipal Lot #5: All except those spaces designated as leased spaces.

The Manager is authorized to modify the time period for parking in this location to be administered through use of parking pay stations.

Section 2. This ordinance shall become effective on or after July 1, 2003, upon installation of the parking pay stations.

This the 23^rd day of June, 2003.

Item 5 - Information Items

All information reports were accepted by consensus of the Council.

Item 6 - Report from Committee Appointed to Develop Recommendations

for Revisions in Stream Definitions and Verification Criteria

Mr. Horton expressed gratitude to the chair and all who had served on this Technical Advisory Committee. He described it as a great tribute to public service that people who are so busy were willing to give time to this project. The Town is in their debt, he said.

Town Engineering Director George Small introduced Committee Chair Dr. James Gregory, a professor of forestry at NC State University who had helped to organize the Committee of experts. Mr. Small recommended that the Council hear Dr. Gregory's report and then receive and refer its findings to the Engineering Department. The Department would then propose revisions in the Land Use Management Ordinance (LUMO) for Council consideration in the fall, he said. Mr. Small asked that the public hearing date be changed from September 15^th to October 20^th due to scheduling conflicts.

Dr. Gregory noted that there were definitions included in the report that would improve consistency with the State definitions and standard definitions. The Committee had suggested that the Town adopt the intermittent stream identification procedure that is being used in the Division of Water Quality Repair and Buffer Program, he said. Dr. Gregory stated that the Committee has recommended adopting a perennial stream field identification method that is a procedure currently being tested by the NC Division of Water Quality. They had also suggested changes to elements of the ordinance related to alterations of streams due to urbanization, other impacts, and to natural variations in streams, he said. Dr. Gregory recommended that the Town adopt an appeals procedure with an intervening body to address contested cases before they reach the Council.

Mayor Foy said that the report had helped the Council to clarify the LUMO. He again expressed appreciation to the Committee for putting in the time and effort to help the Town with this issue.

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-18A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION RECEIVING AND REFERRING THE TECHNICAL ADVISORY COMMITTEE REPORT ON STREAM DEFINITIONS AND VERIFICATION CRITERIA, AND THANKING THE COMMITTEE FOR ITS WORK (2003-06-23/R-18a)

WHEREAS, the Council appointed a Technical Advisory Committee to study and make recommendations regarding revisions to the stream definitions and verification criteria included in the Town’s Land Use Management Ordinance; and

WHEREAS, the Committee completed its report and recommendations in May 2003 and presented it to the Council in June 2003;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith receives the Committee report and refers it to the Manager, Attorney and Planning Board for review and comment.

BE IT FURTHER RESOLVED that the Council expresses its gratitude and appreciation to the Technical Advisory Committee members:

· Dr. James Gregory

· Dr. Lawrence Band

· Dr. Philip Burke

· Mr. Ren Ivans

· Mr. Jay Lawson

· Mr. David Penrose

· Dr. Seth Reice

· Mr. Bob Zarzecki

for their creative and professional work in providing recommendations for revising the stream definitions and verification criteria in the Town’s Land Use Management Ordinance.

This the 23^rd day of June, 2003.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-18B, WITH THE DATE OF THE PUBLIC HEARING AMENDED TO OCTOBER 20, 2003. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SCHEDULING A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REVISIONS TO THE STREAM DEFINITIONS AND VERIFICATION CRITERIA INCLUDED IN THE TOWN LAND USE MANAGEMENT ORDINANCE (2003-06-23/R-18b)

WHEREAS, the Council of the Town of Chapel Hill has considered information provided and recommendations proposed in the Technical Advisory Committee report on stream definitions and verification criteria included in the Town Land Use Management Ordinance; and

WHEREAS, the Town Manager has been directed to prepare proposed revisions to the Land Use Management Ordinance in accordance with the Committee’s recommendations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith schedules a Public Hearing at 7:00pm on Monday, October 20, 2003, in the Council Meeting Room at Town Hall to receive public comment on proposed revisions to the Town Land Use Management Ordinance language regarding stream definitions and verification criteria.

This the 23^rd day of June, 2003.

Item 7 - Presentation from the Mayor’s Downtown Task Force

Assistant to the Mayor Emily Dickens explained that the primary recommendation from the Downtown Task Force was for a new Downtown Management Model, which would include a Downtown Development Corporation headed by an executive director. Ms. Dickens asked Council members to focus on recommendation #9 concerning implementation. She noted that the Task Force would like the Council to solicit written reports from individuals who are interested in this project and to consider a work session in September to discuss the report.

Downtown Commission Chair Charles House addressed this item and Item 8. He reviewed how the "movers and shakers" had created the Downtown Commission in 1987 to improve the economic health and stability of the Downtown area. Mr. House explained that some early decisions had resulted in severe financial and emotional burdens for the organization, which included the loss of support from some Board members and other financial backers in the Community.

Mr. House explained that Downtown property and business owners had accepted stewardship of the Downtown and had begun a process to work toward providing leadership for Downtown economic development. He said that the Commission had formed a partnership between the Town and University and raised approximately $43,000 to hire Ken Kaufman and the University Retail Group to do a professional assessment of the Downtown area. Mr. House noted that the final report had been delivered in March and that the Downtown Commission had begun implementing its recommendations and was committed to carrying through to reach the stated goals.

Mr. House said that the Commission had been disappointed when the Mayor's Task Force was named, but have eagerly awaited the report and applaud the Mayor's and the Task Force's commitment to improving the Downtown. Mr. House pointed out that the Task Force's recommendations validate the Commission's direction and goals. He encouraged Council members to favorably receive and refer the report and thanked the Mayor and Task Force members for their excellent work.

With regard to Item 8, Mr. House said that the Downtown Commission would like to propose an alternative to the suggestions put forth in the Manager's recommendation. He asked the Town Council to allocate $60,000 of this year's budgeted $70,000 in the District Fund to the Downtown Commission. This would allow the Commission to continue their branding campaign at a reduced level as well as the services provided for in their performance agreement. Mr. House stated that the Commission would leverage that $10,000 into approximately $30,000 in advertising and marketing and leave $10,000 in reserve for a Downtown economic development effort yet to be determined. He recommended that the Town Council allocate another $10,000 from the Downtown District Tax fund balance to that reserve. This would provide the $20,000 in reserve that the Mayor had originally proposed, said Mr. House.

Betty Maultsby explained that her comments were related to Item 7 but were probably more appropriate for Item 8. She asked the Council to adopt Resolution C, which would authorize a performance agreement with the Downtown Commission that would enable the Commission to operate during this fiscal year at the same level that it had in the past. Ms. Maultsby argued that the Mayor's Task Force had been organized so late in the year there had not been adequate time for affected parties to appropriately respond. She said that it would be inappropriate to reallocate funds without having a public hearing. Ms Maultsby predicted that the $20,000 that is already earmarked for important programs would have little overall impact on achieving the Task Force's recommendations. She suggested that the annual $700,000 yield from the Downtown parking facilities would be a more appropriate source of funding at this time.

Ken Broun clarified a remark had been attributed to him in the local newspaper. When he said that the ultimate development authority needs to be an independent authority responsible to the Town rather than to the Downtown Commission, he had not meant any disrespect or lack of value for the Downtown Commission's work, he said. Mr. Broun stated that Downtown merchants and property owners should have a very strong voice in that organization and that it should include others as well. The Downtown Commission had done an excellent job, he said, and he encouraged the Council to support their activities and value their services.

Mayor Foy commented that Ms. Dickens had summarized the issues well and that the major recommendation was that the Council move forward on a structure for an individual to focus full time on the technical aspects of Downtown development. He pointed put that there was no specific recommendation on how to do this. The Task Force's recommendation is that the Council decide, in conjunction with the community, whether to do it, how to do it, and where the money will come from. Mayor Foy described the report as one to ponder, receive public comment on, and discuss in the fall. He suggested that Council members ask questions and make comments at this time.

Council Member Wiggins confirmed that the Council could discuss Agenda Item 8 in conjunction with Item 7.

Mayor Foy explained that he had suggested a contract with the Downtown Commission that would allocate $50,000 and hold $20,000 in reserve. If the Council decided to fund some type of initiative in this fiscal year, he said, they would have to find between $80,000 and $100,000. The $20,000 could be part of that, said Mayor Foy, but could be used for other purposes if the Council does not decide to go forward.

Council Member Wiggins wondered if the Town could amend the budget to find an extra $10,000, if needed, in response to the Commission's willingness to adjust their budget to $60,000 rather than $70,000. Mr. Horton stated that there would be an extra $10,000 in reserve in the District Tax Fund. He pointed out, however, that the Council had not yet entered into an agreement with the Downtown Commission. So it was possible now to reallocate these funds to the Downtown Commission or to allocate them to another purpose. But it would be difficult for the Council to come up with $40,000 in the middle of the year unless they have done some planning, he said.

Council Member Wiggins asked where that $40,000 figure was coming from. Mayor Foy explained that the Task Force had looked at how other towns handle this and had estimated an annual budget of $150,000 to $200,000. If the Town does not do anything now, he said, they would not get started until July 1, 2004, which really means deferring action until a year from January. A half-year budget would be in the $80,000 to $100,000 range, he said, noting that the Town was not in a position to fund all of that.

Council Member Wiggins explained that she had been asking only about the $10,000 adjustment to what the recommendation had been. She wondered if there was a way to make that adjustment and then move forward with the plan.

Council Member Ward expressed support for Mr. House's suggestion to fund the Downtown Commission at $50,000 rather than $60,000. He said that the Commission had been doing an excellent job in many ways and that helping them would show that everyone is in this together. Council Member Ward suggested that the Town come up with that $10,000 because "in the grand scheme of things that will not make or break the Town's efforts to move forward with the Task Force's recommendations."

Mayor Foy stressed that he was not objecting to funding the Downtown Commission. He merely wanted Council members to be aware of the allocation that would be required if the Town wanted to move ahead on the recommendations, he said. Mayor Foy suggested that the Council decide whether or not it wants to combine the two agenda items.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO SCHEDULE A WORK SESSION IN EARLY SEPTEMBER TO DISCUSS THE TASK FORCE'S RECOMMENDATIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 8 - Resolutions Authorizing Reservation of Downtown

District Tax Revenue Funds and Negotiation of a Performance

Agreement with the Downtown Commission

Mayor pro tem Evans expressed appreciation for the compromise that the Downtown Commission had brought forward. She reminded Council members of how they had felt last year when the State withheld Town funding. Mayor pro tem Evans said that this was the wrong time to stop or reduce the Downtown branding campaign since there was intense competition. She expressed support for the compromise, but suggested that the Town show its appreciation and fund the Downtown Commission to the full level of $70,000. Mayor pro tem Evans commented that the Manager is always able to find money when the Council wants to do something. The Council would be sending "absolutely the wrong message over $10,000."

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-19C GIVING THE DOWNTOWN COMMISSION THE FULL $70,000.

Council Member Verkerk asked for clarification of how much the Downtown Commission would receive. Mr. House explained that although he appreciated Mayor pro tem Evans's remarks he had agreed to receive $60,000 and leave $10,000 in reserve in addition to the $10,000 that is already in reserve, making $80,000 available. The Council, with the Commission's agreement, could use that $20,000 and the contract would be for $60,000 for the Downtown Commission, he said. Mr. House pointed out, though, that doing this would lessen the impact of the branding campaign.

Council Member Kleinschmidt asked for more detail on how the branding campaign might be affected. Mr. House explained about ads on radio and in newspapers that had been encouraging people to come to Downtown Chapel Hill.

Council Member Verkerk commented that no one involved views this as a report card situation. She saw it as the glass being half full and wanted to bring everyone, including the Commission, into a new initiative, she said.

COUNCIL MEMBER VERKERK OFFERED A SUBSTITUTE MOTION TO ADOPT R-19B, AS AMENDED TO LIMIT FUNDING TO $60,000 RATHER THAN $50,000. COUNCIL MEMBER WARD SECONDED.

Mr. Horton pointed out that R-19A would need to be changed to $10,000 in current funds. There would still be a $10,000 reserve in the fund balance, he said, adding that those funds can be used as the Council wishes as long as it benefits the Downtown tax district.

THE MOTION TO SUBSTITUTE 19B WAS ADOPTED UNANIMOUSLY (8-0), AND IS NOW THE MAIN MOTION.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-19B, AS AMENDED TO LIMIT THE FUNDING LEVEL TO $60,000. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT WITH THE DOWNTOWN COMMISSION FOR SERVICES TO BE FUNDED FROM THE DOWNTOWN SERVICE DISTRICT TAX, WITH THE AMOUNT OF THE CONTRACT TO BE $60,000 (2003-06-23/R-19b)

WHEREAS, in July 1989, the Town Council established a downtown service district to enhance the downtown area through promotional activities and supplemental services; and

WHEREAS, the Chapel Hill Downtown Commission provides services to the district and is funded from the Downtown Service District tax, and operates under performance agreements with the Town; and

WHEREAS, services provided by the Downtown Commission may include:

Marketing and promotion, including a “Branding” campaign;
Production and implementation of brochures, a business directory, newsletters, and a downtown web site (www.DowntownChapelHill.com) featuring historical, current, and general information about the downtown;
Communications with and general assistance to downtown businesses;
Supplemental cleaning; and

WHEREAS, the Council considers renewal of a performance agreement with the Downtown Commission on an annual basis as part of the budget process;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into a performance agreement with the Downtown Commission for services in 2003-04, with the funding level limited to $60,000 for 2003-04.

This the 23^rd day of June, 2003.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-19A, AS AMENDED TO RESERVE $10,000 OF CURRENT FUNDS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO RESERVE $10,000 OF DOWNTOWN DISTRICT TAX REVENUES IN 2003-04 FOR ECONOMIC DEVELOPMENT PURPOSES TO BE DETERMINED BY THE COUNCIL (2003-06-23/R-19a)

WHEREAS, in July 1989, the Town Council established a downtown service district to enhance the downtown area through promotional activities and supplemental services; and

WHEREAS, the Chapel Hill Downtown Commission provides services to the district and is funded from the Downtown Service District tax, and operates under performance agreements with the Town; and

WHEREAS, at the Budget Work Session on May 21, the Council instructed the Manager to prepare a proposal that would hold a portion of the 2003-04 Downtown District Tax revenues in reserve for economic development purposes to be determined by the Council; and

WHEREAS, with approximately 25-30% of the revenues in reserve, the remaining amount would be available for a performance agreement with the Downtown Commission;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to reserve $10,000 of Downtown District Tax revenues in 2003-04 for economic development purposes to be determined by the Council.

This the 23^rd day of June, 2003.

Mr. House thanked the Council for supporting the Downtown Commission. He said that the Commission looked forward to supporting the Council in new efforts as they come forward.

Item 9 - University of North Carolina at Chapel Hill: Application to

Modify Development Plan - Continuation of Public Hearing

Town Planning Director Roger Waldon reviewed the process thus far. At a public hearing June 16, he said, the University had outlined their application to modify the Development Plan that had been approved in 2001. These modifications would include the following:

· Deleting a parking deck at Manning Drive and adding two additional parking decks in its place.

· Replacing the Bennett Building near the Hospital with a larger building.

· Establishing new utility corridors.

· Changing the proposed Student Family Housing site design along Mason Farm Road.

In response to that hearing and comments, said Mr. Waldon, the Manager had prepared a revised recommendation with additional conditions of approval. These changes pertain to the Chapel Hill Cemetery, traffic movements at the intersection of Gimghoul and Country Club Roads, and the Mason Farm Family Housing. Mr. Waldon explained that the Manager's recommendation for Resolution D would make these changes and would direct the Manager to bring a proposal for managing and restricting on-street parking in the Mason Farm Road corridor. Mr. Waldon noted that the University had also prepared information in response to comments that had been made at the hearing and in response to the Manager's recommendation.

· Presentation by the University

Bruce Runberg, Associate Vice Chancellor for Facilities Planning and Construction, said that UNC agreed to all stipulations in Resolution A except for the three noted. Assertions that the University had altered its Master Plan were not accurate, he said. Mr. Runberg stated that UNC was proposing to substitute two sites for one, which would result in a net change of only 29 spaces over the Development Plan.

Special Assistant to the Chancellor Jonathan Howes, who had chaired the process that lead to adoption of the Campus Master Plan, asserted that the requests for Jackson Circle and Cobb decks were not departures from the principles of the Master Plan. Both had been identified in the Plan, he said, and the only factor that had changed had resulted "from the fine-tuning of the schedule that is associated with any complex project." When the Advisory Committee on Transportation looked more closely at the transportation policy and parking needs on campus, he said, they had reached the conclusion that the Manning deck would not serve the University's needs as well as the facility located closer to the UNC Healthcare facility. As they considered the University's utility needs, they had to advance the schedule for the chiller plant, he explained, adding that the chiller plant and parking deck needed to be designed and built as one project.

· Comments from Citizens

Transportation Board Chair Loren Hintz reported that the Board had met after the hearing and had voted to recommend that the Town Council vote against the modification. They were concerned that the changes would lead to a substantial change in traffic flow patterns in the central part of campus, he said. Speaking as an individual, Mr. Hintz read his June 16, 2003 letter to the Council reminding them that they can act only on the Development Plan, not the Master Plan, adding that there has been a major change in the timing and location of parking.

Mr. Hintz stated that the Manager's recommendation continues to discuss better communication with the areas north and northeast of campus. As one who resides south of campus, he pointed out the importance of making improvements on the southern approach. Mr. Hintz said that all of the references and reports from the Manager and form UNC had been concerned with going further north crossing Manning Road. He recommended incorporating improvements at the intersection of Highway 54 and Hamilton Road as well.

Planning Board Vice Chair Sally Greene, speaking as a neighbor and a Glenwood parent, pointed out that if there is no access from the student housing to Manning Drive, those students will have to go up to the new parking deck, and the old parking deck, and negotiate that traffic, and then come down Manning to get out. Ms. Greene stated that the only thing those students would remember about Chapel Hill was the difficulty they had trying to get their children to school in the morning. She explained that one can turn right on Mason Farm Road, but not left. Since one can turn right when coming home from Glenwood, she said, a one-way access out of the housing area to Manning would complete the circle and students could then go both ways fairly easily.

Glen Wilson, speaking on behalf of the Gimghoul Neighborhood Association, noted that about half of his neighborhood was present. He acknowledged that the others, if they were present, might have something different to say. But it can be reasonably asserted, he said, that he was presenting the views of those who live in the Gimghoul neighborhood. Mr. Wilson described the University's development plan as a 20th century response to a 21st century question. He said that every resident of the Gimghoul community, including three generations of UNC graduates, was opposed to this development.

Mr. Wilson stated that Gimghoul residents believe that the proposal violates the University's agreement with the Town and the surrounding neighborhoods in terms of pedestrian traffic. He said that it also violates the zoning ordinance to maintain the public health, safety, and general welfare, and to maintain the value of adjacent properties. Mr. Wilson explained that residents thought the two parking decks were a serious mistake that would lead to congestion of the Town and campus streets. The University was proposing to go to 15,207 parking spaces on the main campus with this proposal, he said, pointing out that 1,000 of these spaces would be within one block of South and Country Club Roads. Mr. Wilson described the Manager's proposal (Attachment A of the materials) and the University's response as an attempt to make the best of a bad decision. If the Council decides to approve this, he proposed that they require the following:

· The University should reduce the number of spaces at the Cobb deck by 240.

· The University should install a traffic light at the Gimghoul and Country Club Road intersection when they start construction.

· A pedestrian walkway should be available in the fall of 2003.

· The University should make the road between the cemetery and Winston Dorm one way in the morning and one way out in the evening.

· The University will cooperate with the community to close the commercial parking lot that the Catholic church is operating in the neighborhood.

· The University will provide the neighborhood with written assurances that there are no current plans to develop the University property on Highway 54, immediately adjacent to the area, and will provide the neighborhood with at least 120 days notice if they ever do decide to develop that property.

Mr. Wilson asked to have those assurances in writing and signed by Chancellor Moeser. He said that there should also be plans for accessible parking in the new lot, if one is to be built, for those who want to visit the cemetery. In the interval, the neighborhood urges that there be reserved parking on south Road for that purpose, Mr. Wilson said.

Battle Lane resident Kimberly Kaiser explained that her family had lived in her house since the 1890s. They had been professors and deans at UNC since the early 19^th century, she said. Ms. Kaiser stated that every member of her family was a UNC graduate and that her commitment to the University runs very deep. She told Council members that she was weary from being in a constant state of vigilance, watching and waiting for the University's next expansion at the expense of the Town and its residents. She said that the issue before the Council reminded her of the University's plan, ten years ago, to build a highway through the Gimghoul neighborhood and plow through Battle Park so that more cars could come through the center of Town.

Ms. Kaiser pointed out that much planning and funding that had gone into the Center for the Dramatic Arts, including a national search for an architect. And, she said, great care given to even the space around it. "And now UNC is going to butcher the space with a chiller plant that stands 16 feet higher than Cobb Dormitory." Ms. Kaiser described this as "discouraging if not reprehensible" to those who have volunteered their time, energy and money to support the University. It seemed as though mechanical-mindedness had taken over qualitative thinking, she said, and she urged Council members to vote against the proposed changes.

Norman Miller, speaking on behalf of the Orange-Chatham Sierra Club, expressed concerned about the impact of UNC's proposed decks on student pedestrian activity around Manning Drive. He also expressed concern about the proposed Jackson Circle Deck's effect on South Columbia and Mason Farm Road. Moreover, Mr. Miller said, the proposed Cobb deck would degrade traffic conditions on Country Club Road. He urged the Council to reject the proposed changes.

Oteys Road resident Peg Rees argued that it was unrealistic to say that the Manning Drive deck was being replace by two smaller decks. The Cobb deck serves an entirely different clientele and the Jackson Circle deck will create traffic problems, she said. Ms. Rees asked the University and Council not to proceed with the Jackson Circle Deck. She recommended building the deck on Manning Drive and letting it be a park and ride for employees and those attending sports events. Ms. Rees pointed out that the Manning deck was so close to the Dean Dome that people could walk there.

Gimghoul Drive resident Jaroslan Folda, a member of the UNC faculty, stated that the physical and philosophical changes that the University was requesting with regard to the Cobb deck were so major that they needed a full evaluation of their impact before a decision could be rendered. Mr. Folda remarked that one of the most distressing aspects was the amount of traffic and the flow of traffic that the deck would produce. He emphasized that construction would occur in conjunction with three other major decks that are being built or are planned: The Institute of Government deck, which is already there, the Alumni Center deck, and the Bell Tower. Mr. Folda stressed that all of this would impact traffic circulation around the Cobb Deck. Mr. Folda described placing a chiller plant, "which is, in effect, a quasi-industrial facility" next to dorms and a cemetery as inappropriate. He asked Council members to delay approval of the proposed changes until appropriate assessment of their impact could be carried out and planning could be done.

Mason Farm Road resident Diana Steele said that she had grown up in the Gimghoul neighborhood and was now the director/owner of Willow Hill Preschool on Mason Farm Road. Ms. Steele expressed concern about a June 3, 2003 revision of a map that the University had submitted to the Council on May 23, 2003 (addendum 1, modification 1, map 4). The revision showed a major public utility corridor going south through Jones Park, she said, pointing out that such a corridor would destroy the park. Ms. Steele noted that UNC representative had stated that they would not build a corridor there. She suggested that this statement would be meaningless, however, if the Council approves the request for modifications to the Development Plan with that corridor in it. Ms. Steele asked that the corridor through Jones Park be removed from consideration and from the UNC computer.

Ms. Steele stressed that the additional Jackson Circle parking deck proposed in the Master Plan (Transportation and Parking, page 4) had been designated as a parking structure that would be below ground or below buildings, not another deck. The current two decks always have extra space, she said, adding that some part of that could be designated for multi-passenger employee vehicles. Ms. Steele commented that UNC had lost the goodwill of many of its would-be supporters when it blocked the traffic improvements along South Columbia Street. She also asked the Council to ensure that UNC follows through on its agreement to provide a 60-foot vegetative only buffer, with no construction, roads or driveways, between its construction projects and any neighbor.

Rebecca Clark outlined her efforts since 1987 to have the Town and/or University upgrade the cemetery where slaves and others are buried. She said that she had recently walked through that area with Bruce Runberg from UNC and Town Planning Director Roger Waldon. They had promised her that they would rebuild the rock wall, she said, noting that the Town Council had promised to do so twelve years ago. Ms. Clark pointed out that this would beautify both cemeteries with rocks on the side next to the Paul Green Theater.

Gimghoul resident Nancy Whittington said that she shares all of her neighbors' concerns and had helped draft their statement. But, she said, student pedestrians and Town residents who use the neighborhood as the unofficial park had not been represented well. Ms. Whittington explained that she had lost a leg after being struck by a hit and run vehicle five years ago. She described the mix of motor vehicles and pedestrians as lethal and asked Council members to keep pedestrian safety foremost in their minds when they vote on UNC's proposal.

· Comments and Questions from the Mayor and Town Council

Mayor Foy asked the Manager to clarify the issue regarding the utility corridor through Jones Park. Mr. Horton explained that the Council had adopted a stipulation against that. When the University submitted a map showing that corridor, the Town reiterated that stipulation, he said. Mr. Horton stated that the Town still would prohibit any construction of a utility corridor through Jones Park. Mr. Waldon agreed that the staff had immediately objected to that on a map. UNC had assured the staff that it was an error and had subsequently presented another map. Mr. Waldon noted that Council members had the new map in their packets. He stressed that the condition of approval prohibits a utility corridor through Jones Park.

Mayor Foy explained that he had met with Chancellor Moeser and had conveyed concerns from Council members and the public.

Council Member Wiggins determined from Town Attorney Ralph Karpinos that the Council could not postpone its decision without the University's agreement.

Mayor Foy noted that the Council had scheduled an additional Council meeting on June 25^th to continue this discussion. He commented that the application seemed to be too rushed for the Council, which had only seven days to address it. Mayor Foy stated that he was not prepared to vote yes or no tonight. He advised Council members not to take action until June 25th, at least, adding that he preferred taking more time than that.

Council Member Strom said that he was ready to close the public hearing and to begin Council discussion. Mayor Foy pointed out that Council members could make comments without closing the public hearing. Council Member Strom expressed deep concern about UNC's proposal and said that he opposed the two parking decks. He had been the Council member on the negotiating committee that had developed the concept behind OI-4, he said, described OI-4 as "an enormous concession by the Town." Council Member Strom explained that he had voted in favor of OI-4 because he thought it was important that the Town support the University.

Council Member Strom stated that he and others had negotiated very hard for certain things to be included or removed from the Development Plan. He said that he had specifically suggested moving the Manning deck and putting housing there and was told that doing so would be impossible. So it is a "remarkable turn," he said, "that the Manning deck is not being pursued at this point."

Council Member Strom pointed out that UNC had extolled the north campus as the model upon which the south campus was being developed. So it was "stunning" to see the Cobb deck and chiller plant proposed for such a central and important place, he said. Council Member Strom stated that the Town had approved an additional seven million square feet of zoning, and pointed out that there is only eight million residential square feet in Orange County. The Town has basically given the University carte blanche to pursue matching the amount of commercial space in Orange County, he said, adding that the Town had done so because they believe in the University's mission.

Council Member Strom emphasized that the Town had approved a specific Development Plan against that square footage. They had never approved a Master Plan, he said. He noted that Council members had done everything they could to protect neighborhoods, specifically those adjacent to the University, because of the scale of the Development Plan. Council Member Strom sated that the University's proposal reflected neither a timing problem nor a change in philosophy. "It's a change in the Development Plan," he said, stressing that he would not have voted for the Development Plan if these decks had been in it.

Council Member Strom emphasized that Council members had an obligation to citizens to be remarkably cautious about what they approve at this point. He said that the process does not allow the Town to allow the changes that are called for. Council Member Strom recommended refusing the request of finding a way to change the process so that a Development Plan change of this magnitude can get a full public hearing. He asked Mayor Foy to speak to the Chancellor over the next couple of days about finding a process.

Mayor Foy asked Town Attorney Ralph Karpinos if there would be limits on the applicant's ability to bring this forward again if this application for modification is denied. He proposed that the Council was not ready to go forward with this application as it exists. Mayor Foy said that he would gladly engage in further conversations with the chancellor about what the University might be willing to do. He agreed with a suggestion made earlier by Council Member Kleinschmidt that the Council have a resolution ready that approves portions of the Development Plan, such as the student family housing, the utility plan, and the technology building. Mayor Foy reiterated his view that the Council should not take any action this evening that is binding. Mr. Karpinos explained that there was no time limit for filing a second application if the Council were to deny this one.

Council Member Verkerk suggested that Mayor Foy talk with Chancellor Moeser before June 25^th, since the University probably would rather have some of their request approved rather than having all of it turned down.

Mayor Foy asked if any University member wanted to comment on that suggestion. Nancy Suttenfield said that only the Chancellor could agree or disagree with extending the review of the application for modification or approval.

Mayor Foy asked Mr. Karpinos about the consequences of not taking action by the July 5, 2003 deadline. Mr. Karpinos explained that not taking action within 90 days would mean not acting in accordance with the ordinance. Any party who was harmed by that could seek some judicial relief, he said. Mr. Karpinos added that the remedy could be anything from an order that the Council act to a court, or some other forum, taking action which would, in effect, result in the project being approved.

Mayor Foy suggested that the Council hold the public hearing open until June 25^th. He asked Council members to tell him what, if anything, they would like him to discuss with the Chancellor. Also, he suggested that Council members ask questions or make comments that might clarify their concerns for the University. Mayor Foy recommended letting University representatives know if there was support for everything but the decks.

COUNCIL MEMBER VERKERK MOVED TO CLOSE THE PUBLIC HEARING. COUNCIL MEMBER STROM SECONDED.

Council Member Kleinschmidt proposed that the application come back as a divisible question with the key issues separated.

Council Member Ward asked that the University respond to the idea of reducing the size of the Cobb deck. He also asked for a discussion of the "significant flaw" in the traffic pattern that Sally Greene had described.

Council Member Strom suggested discussing a possible third solution, since the Jackson and Cobb decks are not the right solution to not building the Manning deck. It might mean a new Development Plan application that is not an amendment, he said.

Mayor Foy remarked that the main objection seemed to be to the chiller plant. But, he added, the Town needs to recognize that there must be a way to cool the dorms on north campus.

Council Member Verkerk pointed out that the Chancellor was fairly new to Chapel Hill. He had not seen the emails that Council members have received, she said. Council Member Verkerk proposed that University administrators might not grasp the importance of this part of the campus. “It's an intangible that makes the University special to alumni and citizens,” she said, adding that Chancellor Moeser needs to understand what the reaction would be. Council Member Verkerk stated that she had received much email from alumni who were very upset about the cemetery.

Council Member Wiggins pointed out that the campus changes every year. Alumni will always feel that it should look the way it did when they were there, she said. Council Member Wiggins expressed support for more discussion time. She did not want to refuse a University need, she said, but she also wanted to respond to the surrounding neighborhoods and communities that would be impacted. Council Member Wiggins pointed out that the cemetery had been the victim of a lot of irreverent activity over the years. "A parking deck going in there does not come close to some of that," she said.

Council Member Harrison pointed out that he and two other Council members were not on the Council when the Development Plan was approved. There is a learning curve, he said, and the short time for consideration makes if difficult to reach a decision that the applicant would like. Council Member Harrison stated that there were several collateral issues and many people who were bothered by parts of this application. He would not feel good about rushing it, he said, because there were many aspects on which he was not ready to decide.

Council Member Ward remarked that the timeframe that both parties agreed to does justice to neither. He stated that the traffic impacts of those two decks raises significant safety concerns. Council Member Ward noted South Columbia Street had already been identified as problematic. Adding traffic to that section of road at this time is a safety issue, he stated.

Mayor pro tem Evans pointed out that her property abuts University property. It is important to realize that some of the proposed change resulted from University community input, and their viewpoint should be weighed as well, she said. Mayor pro tem Evans noted that the changes present an opportunity for improvements to the cemetery, including a pedestrian crosswalk with lights, and described this as a safety issue on the plus side. She pointed out that traffic in the Gimghoul area might be reduced when there is a place to park.

Mayor pro tem Evans stated that it was important for the Council to find a way to approve the proposal. She expressed concern that the State might remove the University from local authority. Mayor pro tem Evans said that she hoped that Mayor Foy and Chancellor Moeser would find a way to meet the University's needs and bring closure to some of the issues that citizens and members of the University community have raised.

Council Member Wiggins expressed support for Council Member Ward's suggestion that the Cobb deck be reduced and primarily used for visitors.

COUNCIL MEMBER VERKERK WITHDREW HER MOTION TO CLOSE THE PUBLIC HEARING.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO HOLD THE PUBLIC HEARING OPEN TO JUNE 25th TO ALLOW THE MAYOR TO DISCUSS IDEAS WITH CHANCELLOR MOESER, AS AMENDED BY COUNCIL MEMBER KLEINSCHMIDT TO HAVE THE APPLICATION COME BACK AS A DIVISIBLE QUESTION WITH KEY ISSUES SEPARATED AND SUMMARIZED SO THAT THE COUNCIL COULD VOTE UP OR DOWN ON EACH ONE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 10 - Consideration of Ordinance for Water Conservation Standards

Mr. Horton noted that the Town had sent a list of items to the Council that compared what the Town and the Orange Water and Sewer Authority (OWASA) had recommended. But they had then reached agreement on various aspects of the ordinance and on issues that had previously been outstanding, he said. Mr. Horton stated that the staff was now at a point where it could recommend the ordinance in a form that also satisfies OWASA. Mayor Foy ascertained that the Manager was recommending Ordinance 6.1.

Council Member Strom asked if the Town was looking at the same language that Carrboro and Orange County had approved. Mr. Horton replied that Carrboro had acted prior to the agreement and that Orange County had not yet acted.

OWASA Executive Director Ed Kerwin explained that the Carrboro Board of Aldermen had approved the ordinance on June 17, 2003. The staff's changes since then add clarification but do not change the intent, he said. Mr. Kerwin stated that he was completely comfortable with what the Town was proposing and that it was compatible with Carrboro. The Orange County Commissioners would consider it at their meeting on June 26, 2003, he said.

Mayor Foy pointed out that OWASA wanted to establish conservation practices as soon as possible and that it was important to have consistent standards throughout the service area.

Chapel Hill-Carrboro Chamber of Commerce Director Aaron Nelson said that the Orange County Lodging Association had asked him to remind the Council of their recommendation on section 11-061B of the Conservation standards, with regard to changing of bed linens. Mr. Nelson noted that if the Council made the recommended change it would not affect Carrboro because Carrboro has no hotels. He explained that hoteliers' use a "green standard," which requires that bed linens be changed every three days, unless a guest requests it more often. On behalf of the Chamber, Mr. Nelson asked that the Council change the wording to make the default three rather than five days. He explained that this was a national standard and was the Chamber's recommendation on behalf of the Association.

OWASA Board Chair Bernadette Pelissier asked to maintain the standard at five days, adding that the hoteliers had not asked for three days when they came before the OWASA Board. The issue then, she said, was that they wanted the default to be every day unless the customer asked otherwise.

Mr. Nelson stressed that the Chamber was very invested in water conservation, and expressed support for OWASA's attempts to save community resources.

Mayor pro tem Evans stated that she, as the Council's representative on the Visitors' Bureau, had heard much about this issue because local hoteliers were concerned that the policy might put them in a different category from adjoining communities. She asked why it was of such concern to OWASA, since the "green standard" went beyond bed linens to include towels. Ms. Pelissier replied that OWASA had not included towels in its proposed standards because the Health Department had advised Mr. Kerwin against it. This did not mean that OWASA was not supportive of the green industry standards, she said, but it was based on health issues that are not associated with sheets.

Council Member Strom determined from Ms. Pelissier that OWASA's standards would allow a guest to get clean sheets upon request and to have them changed every single day if they so desired. He expressed support for the Manager's recommendation, adding that it would not harm the hotel industry because a hotel can make their policy clear to their guests. With OWASA's policy, he said, the Town is signaling a clear conservation ethic to visitors to Chapel Hill.

Council Member Ward noted that a Marriott Hotel he had visited in Denver placed attractive laminated signs in guests' rooms that could be placed on their pillows if they wanted their sheets changed, he said, adding that this can be used as a positive marketing tool.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ENACT O-6.1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

~~AGENDA # 10~~

~~REVISED RECOMMENDATION~~

~~(06-17-03 2:00pm)~~

~~MEMORANDUM~~

~~TO: Mayor and Town Council~~

~~FROM: W. Calvin Horton, Town Manager~~

SUBJECT: Proposed Water Conservation Ordinance for the Orange Water and Sewer Authority Service Area (Revised Recommendation)

~~DATE: June 23, 2003~~

~~The purpose of this memorandum is to~~ ~~submit to the Mayor and Council a revised recommendation for the proposed new Water Conservation Ordinance~~ ~~that results from additional discussions with the OWASA staff.~~

The attached ordinance would replace the existing sections of the Town Code regarding conservation of treated water within the service area of the Orange Water and Sewer Authority (OWASA), including the Town of Chapel Hill.

~~The Manager recommends enactment of the attached ordinance.~~

~~BACKGROUND~~

~~Following distribution of the original agenda materials for the Council’s June 23, 2003, meeting, the Manager, Town Engineer and Town Attorney met with the OWASA Executive Director and~~ ~~OWASA~~ ~~Planning~~ ~~Director~~ ~~to discuss~~ ~~OWASA’s~~ ~~concerns~~ ~~upon its review of the~~ ~~Town’s draft ordinance implementing the proposed OWASA water conservation regulations.~~

~~DISCUSSION~~

~~As a result of these discussions between the Town and OWASA staff, we are forwarding to you a revised recommendation for enactment of a Water Conservation Ordinance.~~ ~~The attached letter from OWASA~~ ~~Executive Director Ed Kerwin summarizes matters discussed by the staff and~~ ~~key interpretations of the proposed ordinance. The interpretations offered by OWASA eliminate the need for many of the changes originally requested by Town Staff.~~

~~Changes from the initial draft are shown as additions (underlined in italics) and deletions (cross-throughs).~~

As indicated in the attached letter, the OWASA position being presented is subject to confirmation upon further communication between the OWASA Executive Director and the OWASA Board. We expect to have confirmation of the OWASA position prior to Council~~’s consideration of this matter.~~ ~~(Both the letter from OWASA and the Manager’s initial memorandum on this topic make references to sections of the draft ordinance as it was prepared by OWASA and submitted to the Town. The ordinances have been renumbered~~ ~~for~~ ~~the Town Code.~~)

~~Following the staff discussions, we believe there is one remaining policy~~ ~~issue. The issue relates to~~ ~~the proposed year-round standard for hotels in Section 11-106 of the draft ordinance. Option A~~ ~~below~~ ~~is the requested language from OWASA which provides that~~ h~~otels should change linens only upon~~ ~~customer request or changeover.~~ ~~Option B is an alternative based on concerns raised by representatives of the local hotel industry.~~

~~Option A:~~

~~Hotels, motels, and other facilities providing sleeping accommodations shall change bed linens only upon request of the customer, or upon customer chang~~~~eover, or every five days for long-term customers.~~

~~Option B:~~

~~The changing of bed linens in accordance with the most current ‘Green Hotel’ standards is strongly encouraged in hotels, motels, and other facilities providing sleeping accommodations, unless p~~~~ublic health and sanitation issues dictate otherwise such as in nursing homes and hospitals.~~

~~Upon~~ ~~further~~ ~~consideration of issues presented by the OWASA staff and reflected in their attached letter, we now~~ ~~recommend the Council include Option A as part of the new ordinance.~~

~~MANAGER’S RECOMMENDATION~~

~~With the proposed changes and the interpretations agreed to by OWASA staff, we are now in full agreement on the details of the ordinance.~~ ~~The Manager recommends that the Council enact the attached revised ordinance with the OWASA recommended language on hotel linens.~~

~~ATTACHMENTS~~

a. ~~Revised Water Conservation Ordinance~~ ~~(p. 3).~~

2. ~~Letter from OWASA Executive Director~~ (p~~. 17)~~.

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES TO PROVIDE FOR YEAR-ROUND CONSERVATION OF WATER AND FOR TEMPORARY RESTRICTIONS DURING WATER SHORTAGES AND EMERGENCIES (2003-06-23/O-6.1)

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

Section 1. Article X, Chapter 11 is hereby replaced in its entirety with the following:

“ARTICLE X. WATER CONSERVATION STANDARDS AND REGULATIONS

DIVISION 1. GENERALLY

Section 11-101 Purpose

This ordinance is enacted for the purposes of:

1. Reducing the rate of increase in overall water use through year-round water conservation practices that will help maximize the community’s existing and planned water supply sources and help reduce seasonal peak day demands that result in the need for costly expansion of water treatment, storage, and transmission facilities. Such year-round practices shall include:

a. Reducing indoor water waste by encouraging the installation and maintenance of ultra-low flow toilets, faucet aerators, low-flow showerheads and similar devices, as well as other creative and commonsense indoor conservation practices.

b. Reducing irrigation and irrigation-related water waste without sacrificing landscape quality through the cultivation of lower water use plants; improved landscape design and planting practices; more efficient watering practices; and improved irrigation system design and maintenance.

c. Increasing the use of reclaimed wastewater and stormwater for irrigation and other uses that do not require water of potable quality.

2. Providing an orderly process for reducing community-wide water demands during periods of drought or other naturally occurring causes of water shortages; and

3. Providing an orderly process for reducing community-wide water demands during periods of water shortages due to natural disaster (other than drought), major facility failures, or other unexpected and sudden loss of water supply, treatment, or distribution capacity that constitutes a water supply emergency.

Section 11-102 Definitions

For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTOMATIC CONTROLLER. A mechanical or electronic device capable of operating an irrigation system and its component valve stations according to a pre-determined schedule of irrigation frequency and duration.

CISTERN. A tank or container, typically located underground, for the storage and subsequent reuse of rainwater collected from rooftops or other impervious surfaces that would have otherwise evaporated or drained off the premises.

DRIP IRRIGATION. The application of irrigation water through drip emitter devices at low pressure, volume, and velocity near or at ground level in order to minimize runoff and evaporative losses. Drip irrigation emitters are typically used for irrigating non-turf vegetation and release water in the range of 0.04 to 0.40 gallons per minute.

EVEN-NUMBERED PROPERTIES. Properties with street addresses that end in even-numbered digits, or other properties so designated for the purposes of these Standards through special arrangements with OWASA.

GRAYWATER. Domestic wastewater collected from household fixtures and appliances, such as washing machines, dishwashers, showers, sinks, and bathtubs, but not from toilets or urinals. Graywater may only be reused in accordance with practices approved by public health authorities.

HAND WATERING. The application of water for irrigation purposes through a hand-held hose or watering container.

HARVESTED WATER. Precipitation or irrigation runoff collected, stored and available for reuse for irrigation purposes.

IRRIGATION SYSTEM. Any permanently installed system of pipes, hoses, or other conveyance devices and appurtenances that provides water to living plant material through spray heads or other emission devices located at, above, or below the ground surface. For the purposes of these Standards, a sprinkler, soaker hose, or other device connected to its water source via a moveable above-ground garden hose is not considered to be an irrigation system.

LANDSCAPE AREA. That portion of a parcel that contains turf or non-turf vegetation.

LOW-PRECIPITATION BUBBLER. An irrigation head which typically operates within six inches of ground level and delivers water at a rate of less than 0.45 gallons per minute within a radius of less than two feet of the head. Low-precipitation bubblers are typically used for irrigating non-turf vegetation.

MICRO SPRAY. The application of irrigation water through small, low volume sprayer heads in order to minimize runoff losses. Micro sprays are typically used for irrigating non-turf vegetation. Individual micro spray heads typically operate less than 12 inches above ground level and typically deliver water in the range of 0.10 to 0.50 gallons per minute within a radius of five feet or less of the head.

MULCH. A protective covering of organic material, such as sawdust, wood chips, compost, or other vegetative matter, spread on the ground to reduce evaporation and increase water retention.

ODD-NUMBERED PROPERTIES. Properties with street addresses that end in odd-numbered digits, or other properties so designated for the purposes of these

Standards through special arrangements with OWASA.

OWASA. The Orange Water and Sewer Authority.

POTABLE WATER. Treated water provided by OWASA that is suitable for drinking, cooking, and other domestic use. Water that is collected indoors in containers from indoor faucets or spigots that would otherwise be discharged into drainpipes while a user awaits the warming of the water for dishwashing, other washing, shaving, bathing, or showering is not considered to be potable water for the purposes of these Standards.

PRECIPITATION RATE. The amount of water applied per unit of time, usually expressed in inches per hour.

PUBLIC RIGHT-OF-WAY. The area of land owned or maintained by municipal, county, or state government primarily for the use of the public for the movement of people, goods, vehicles, or storm water. For the purposes of these Standards, the public right-of-way shall include curbs, streets, sidewalks, and storm water drainage inlets, but shall not include adjacent landscaped areas that may also be located within the legally delineated public right-of-way.

RAIN BARREL.: A tank or container, typically located on the ground beneath a roof drainage system, that captures and stores rainwater for subsequent reuse.

RAW WATER. Water drawn from a reservoir or other water source before treatment.

RECLAIMED WATER. Highly treated effluent from a wastewater treatment plant that can be safely used for such non-potable purposes as irrigation, heating/cooling, street cleaning, dust control, firefighting, and other applications that do not require water of potable quality.

RUNOFF. Water which is not absorbed by the soil or landscape to which it is applied. Runoff occurs when water is applied too quickly (application rate exceeds infiltration rate), particularly if there is a severe slope. These standards do not apply to stormwater runoff which is created by natural precipitation rather than human-caused or applied water use.

SERVICE AREA. The geographic area in which OWASA provides or is authorized to provide water and/or sewer service.

SHUT-OFF NOZZLE. A device attached to the end of a hose that completely shuts off the flow, even if left unattended.

SOAKER HOSE. A flexible hose designed to emit a trickle of water along its entire length, either through numerous small-diameter (less than 1/32-inch) perforations or through the permeable material of its composition.

SPRAY IRRIGATION. The application of water to landscaping by means of a device that projects water through the air in the form of small particles or droplets.

SPRINKLER HEAD. A device that projects water through the air in the form of small particles or droplets.

UNDERGROUND SYSTEM. An irrigation system with emitters installed beneath the ground surface.

WATER WASTE. The non-beneficial use of OWASA potable water. Non-beneficial uses include but are not restricted to:

a. Landscape water applied in such a manner, rate and/or quantity that it overflows the landscaped area being watered and runs onto adjacent property or public right-of-way; or landscape water applied during periods of rainfall or when soil moisture is already adequate.

b. The use of water for washing vehicles, equipment, or hard surfaces, such as parking lots, aprons, pads, driveways, or other surfaced areas, in such quantities to flow onto adjacent property or the public right-of-way.

c. Water applied in sufficient quantity to cause ponding on impervious surfaces.

d. Water lost through plumbing leaks that can be readily identified and corrected.

XERISCAPING. An approach to landscape design and maintenance that uses small amounts of water but sustains a traditional look through the proper conditioning of soil, the selection of appropriate drought-tolerant plants, generous use of mulch, efficient use of water, and other proven techniques.

Section 11-103 Water Waste Prohibited

No person, party, or entity shall use, cause, waste, or permit to be wasted any OWASA -supplied potable water, in violation of the standards set out herein.

Section 11-104 Penalties

OWASA may discontinue water service to any customer where, after notice of a prohibited use is delivered to the service address, OWASA-supplied potable water continues to be used or wasted in violation of the standards set out in this Article.

DIVISION 2. YEAR ROUND REQUIREMENTS

Section 11-105 Year Round Requirements - Exterior Use

1. The following outdoor or exterior use requirements shall apply to all customers using OWASA-supplied potable water:

a. Spray irrigation shall not occur more than three days per week. Even-numbered properties may be irrigated with spray systems only on Sundays, Wednesdays, and/or Fridays. Odd-numbered properties may be irrigated with spray systems only on Tuesdays, Thursdays, and/or Saturdays. All spray irrigation shall occur only between the hours of 8:00 p.m. and 9:00 a.m. These restrictions shall not apply to properties using underground, drip irrigation, micro spray, low precipitation bubblers, hand watering, or where watering of containerized plants and commercial plant stock in trade is maintained for resale. ~~OWASA may authorize alternative spray irrigation schedules to the extent necessary for maintaining active turf viabi~~~~lity on publicly maintained athletic fields.~~

b. Regardless of irrigation methods used, no more than one inch of water may be applied to plant material in any given week.

c. All irrigation systems shall be equipped with automatic controllers that activate the system according to a desired frequency and duration, and shall also be equipped with rain or soil moisture sensors that will prevent irrigation during periods of rainfall or when there is sufficient moisture in the ground for plant health and survival.

d. All hoses used for hand watering, car washing, or other allowable outdoor uses shall be equipped with shutoff nozzles.

e. No exterior use of OWASA-supplied potable water shall result in the flow of water onto adjacent property or public right-of-way, and all irrigation systems shall be designed and maintained to prevent to the extent practicable water from flowing onto paved or other impervious surfaces. Watering of plant beds, shrubs, and trees in public rights-of-way is permitted in accordance with this Section.

f. Outdoor water leaks on property or facilities of OWASA customers must be repaired within ten (10) days of discovery and notification by OWASA.

2. The use of reclaimed or harvested water for outdoor uses is strongly encouraged. OWASA shall periodically publicize methods of collecting and storing harvested water in appropriate devices, such as rain barrels and cisterns; appropriate practices, such as xeriscaping, drought tolerant landscaping and mulching; and shall otherwise educate its customers on water conservation strategies and techniques.

3. Unless superceded by the declaration of a Water Supply Shortage or Emergency, the year-round requirements of III.A.1.a and III.A.1.b above shall not apply to the following:

a. Outdoor irrigation necessary for the establishment of newly sodded lawns and landscaping within the first 30 days of planting, or watering of newly seeded turf within the first six months of planting.~~, or watering publicly maintained athletic fields.~~.

b. Irrigation necessary for one day only where treatment with an application of chemicals requires immediate watering to preserve an existing landscape or to establish a new landscape.

c. Water used to control dust or to compact soil when alternate methods are not available.

d. Visually supervised operation of watering systems for short periods of time to check system condition and effectiveness.

e. Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available.

f. Water used for construction or maintenance activities where the application of water is the appropriate methodology and where no practical alternative exists.

g. Water used for firefighting, firefighter training, fire hose testing, fire pumper testing, and other emergency situation mitigation purposes.

h. For situations in which there is no practical alternative, OWASA-supplied potable water may be used for other special purposes, such as washing out garbage trucks, cleaning up hazardous or unsanitary materials, etc., or for other purposes necessary to protect public health, safety, and welfare – provided that such water is used in the least quantity needed to accomplish the task.

Section 11-106 Year Round Requirements - Interior Use

1. The following indoor or interior use requirements shall apply to all customers using OWASA-supplied potable water:

a. Restaurants and dining facilities shall serve water only on request of the customer.

b. ~~The changing of bed linens in accordance with the most curren~~t ‘Green Hotel’ standards is strongly encouraged in hotels, motels, and other facilities providing sleeping accommodations, unless public health and sanitation issues dictate otherwise such as in nursing homes and hospitals.

~~Alternative OWASA language:~~

Hotels, motels, and other facilities providing sleeping accommodations shall change bed linens only upon request of the customer, or upon customer changeover, or every five days for long-term customers.

c. The operation of dishwashers and clothes washers only when loaded to their maximum capacity, or at water level settings appropriate for the size of the load being washed, shall be strongly encouraged.

d. The use of ultra-low flow toilets, tank dams, flow restrictors (aerators) and low-flow showerheads, where not otherwise required, shall be strongly encouraged; and additional indoor conservation practices – as well as devices – shall also be encouraged.

e. Plumbing systems shall be property maintained and repaired to prevent water leaks.

e. ~~Plumbing systems shall be properly maintained and repaired to prevent water~~

~~leaks.~~

f. Indoor water leaks on property or facilities of OWASA customers must be repaired within ten (10) days of discovery and notification by OWASA.

2. Unless superceded by the declaration of a Water Supply Shortage or Emergency, the year-round requirements of III.B.1. above shall not apply to the following:

a. Visually supervised operation and flushing of plumbing systems for short periods of time to check system condition and effectiveness.

b. ~~Water applied to prevent or abate health, safety, or accident hazards~~ ~~when alternate methods are not available~~

b. Water used for construction or maintenance activities where the application of water is the appropriate methodology and where no other practical alternative exists .

c. For situations in which there is no practical alternative, OWASA-supplied potable water may be used for other special purposes, such as washing out garbage trucks, cleaning up hazardous or unsanitary materials, etc., or for other purposes necessary to protect public health, safety, and welfare – provided that such water is used in the least quantity needed to accomplish the task.

3. OWASA shall periodically publicize and otherwise educate its customers on additional methods to conserve the interior use of water.

DIVISION 3. WATER SHORTAGE REGULATIONS

Section 11-107 Determination of Water Shortage or Water Supply Emergency

1. Drought Condition Shortage

OWASA shall base its determination of existing or potential water shortage conditions on its analysis of reservoir levels, streamflow, existing and anticipated demand, availability of supplemental supplies, as well as other elements of reasonable professional judgment and management. The determination of drought shortage conditions shall be guided by periodic estimates of the risk (i.e., probability) that water stored in OWASA’s reservoir system will decline to unacceptably low levels within the foreseeable future. Until improved or alternative criteria are developed, such guidance shall be based on a five percent or greater risk that total reservoir storage will decline to 20 percent or less of total storage capacity within an 18 month period. This guidance shall apply to the initial declaration of a Water Supply Shortage or Emergency and shall inform subsequent declarations of more or less severe Water Supply Shortages or Emergencies.

2. Water Treatment, Storage, or Distribution Capacity Shortage

In addition to conditions caused by drought, OWASA may declare a Water Shortage or Water Supply Emergency whenever customer demand – as averaged over three consecutive days – exceed 85 percent of OWASA’s capability of treating and delivering water. The stage and duration of such a Water Shortage or Water Supply Emergency shall be guided by the degree to which customer demands approach or exceed OWASA’s capacity to meet those demands, and by the degree to which conservation efforts successfully reduce short-term demands.

3. Natural and Man-Made Disasters, Catastrophic Equipment, Plant Failure Shortage

Any other circumstances, including service losses caused by equipment or facility failure, human error, deliberate act, weather, or other natural disaster, which constrain OWASA’s water supply, treatment, or distribution capacity to less than that reasonably needed by its customers, shall constitute a water shortage up to and including a Water Supply Emergency, requiring immediate action by OWASA.

Section 11-108 Required Actions Under Water Shortage or Water Supply Emergency Conditions

In the event of a water supply shortage, OWASA shall, using its best professional judgment ~~and following consultation with the Chapel Hill, Carrboro, and Orange County Managers~~~~, d~~determine which of the following stages is the most appropriate response to the estimated level of risk.

1. Water Supply Advisory

A water supply advisory shall represent an alert to the public of a potential shortage and notification that water use restrictions may be imposed if the water supply and/or demand conditions do not improve in the near future. In the event of a declared water supply advisory:

a) No mandatory water use restrictions other than year-round requirements already in place will be implemented.

b) OWASA shall make extensive use of media releases, advertising, and other reasonable means of publicizing the water supply advisory and the need for immediate voluntary conservation.

c) OWASA shall inform the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration of a water supply advisory.

2. Stage One (1) Water Shortage

In the event that OWASA declares a Stage One Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations. Upon OWASA’s declaration of a Stage One Water Shortage, the following actions shall be taken with the goal of reducing overall water demand by ten (10) percent:

a) Water use by individually metered residential customer accounts and by individually metered single family residential irrigation-only accounts shall be limited to no more than an average of one thousand (1,000) gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect. ~~OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly main~~~~tained athletic fields.~~

b) Spray irrigation using OWASA-supplied potable water shall not occur more than one day per week with a maximum of one-half inch of water applied to plant material in any given week. Even-numbered properties shall be allowed to spray irrigate only on Tuesdays; odd-numbered properties shall be allowed to spray irrigate only on Thursdays. Spray irrigation shall occur only between the hours of 8:00 p.m. and 9:00 a.m. These restrictions shall not apply to the watering of containerized plants and commercial plant stock in trade .~~or to publicly maintained athletic fields~~.

c) Irrigation by underground, drip irrigation, micro spray, low precipitation bubblers, soaker hose systems with automatic shutoffs, or by hand held hoses or watering cans may occur at any time or frequency, but shall be limited to a maximum of one-half inch of water applied to plant material in any given week.

d) No OWASA-supplied potable water may be used to re-fill ornamental fountains, ponds, and like devices.

e) e) No OWASA-supplied potable water may be used for the routine cleaning or washing of paved areas, such as sidewalks, decks, driveways, roadways, or parking lots. This restriction shall not apply to the pressure cleaning of exterior building surfaces.

nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.

Notwithstanding the restrictions specified in Sections 11-108. 2.a) through 11-108. 2.e), the protection of public health, safety, and welfare may, under special circumstances, require the use of limited amounts of OWASA-supplied potable water for such purposes as washing out garbage trucks, cleaning up hazardous or other unsanitary materials, etc. Such uses shall be permitted during declared Water Shortages or Emergencies, provided that other practical alternatives are not available and water is used in the least practical amount.

3. Stage Two (2) Water Shortage

In the event that OWASA declares a Stage Two Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations, if not already issued. Upon OWASA’s declaration of a Stage Two Water Shortage, the following actions shall be taken with the goal of reducing overall water demand by fifteen (15) percent:

a) Water use by individually metered residential customer accounts and by individually metered single-family residential irrigation-only accounts shall be limited to no more than an average of 800 gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in ~~effect.~~ ~~OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.~~ effect.

b) Spray irrigation with OWASA-supplied potable water shall not be permitted, except by persons regularly engaged in the sale of plants, who shall be allowed to irrigate their commercial stock in trade.. ~~Spray irrigation of publicly maintained athletic fields shall also be permitt~~~~ed, to the extent necessary for maintaining active turf viability.~~

c) Irrigation by underground, drip irrigation, micro spray, low precipitation bubblers, soaker hose systems with automatic shutoffs, or by hand held hoses or watering cans shall be limited to a maximum of one-half inch of water applied to plant material in any given week.

d) No OWASA-supplied potable water shall be used to re-fill ornamental fountains, ponds, and like devices.

e) No OWASA-supplied potable water shall be used for washing vehicles, except at commercial or institutional car washes in which at least 50 percent of the water has been recycled. ~~This restriction shall not apply to washing garbage trucks or to cleaning as may be necessary preparatory to performing vehicle mainten~~~~ance services.~~.

f) No OWASA-supplied potable water shall be used for filling or re-filling empty swimming pools. OWASA-supplied potable water may be used to top off operating swimming pools.

g) No OWASA-supplied potable water shall be used for the routine cleaning or washing of exterior building surfaces, decks, or paved areas, such as sidewalks, driveways, roadways, and parking lots. This restriction shall not apply to the pressure cleaning of exterior building surfaces or decks prior to painting or re-painting that is necessary to protect or maintain the physical integrity of the structure. ~~nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemic~~~~al spills, unsanitary materials, or hazardous waste~~.

h) No OWASA-supplied potable water may be used for fire department training or equipment testing unless required by State or Federal regulations.

Notwithstanding the restrictions specified in Sections 11-108. 3.a) through 11-108. 3.h), the protection of public health, safety, and welfare may, under special circumstances, require the use of limited amounts of OWASA-supplied potable water for such purposes as washing out garbage trucks, cleaning up hazardous or other unsanitary materials, etc. Such uses shall be permitted during declared Water Shortages or Emergencies, provided that other practical alternatives are not available and water is used in the least practical amount.

4. Stage Three (3) Water Shortage

In the event that OWASA declares a Stage Three Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations, if not already issued. Upon OWASA’s declaration of a Stage Three Water Shortage, the following actions shall be taken with the goal of reducing overall water demand by twenty (20) percent:

a) Water use by individually metered residential customer accounts and by individually metered single-family residential irrigation-only accounts shall be limited to no more than an average of 600 gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect.

b) The use of OWASA-supplied potable water for heating and/or cooling purposes shall be reduced in all but the most essential facilities to the extent allowable in consideration of indoor air quality standards, weather conditions, and health and safety requirements.

c) No irrigation with OWASA-supplied potable water shall be permitted, except via hand held hoses or watering cans. Such irrigation shall not occur more than three days each week, according to the schedule prescribed in III.A.1.a of these Standards; shall be applied to non-turf plant material only; and shall be limited to a maximum of one-half inch of water per week. ~~Spray irrigation will be allowed for publicly maintaine~~~~d athletic fields, in accordance with water usage limits established in 11-108-4a above.~~

d) OWASA-supplied potable water may not be used for any other outdoor purposes, except for emergency fire suppression or other activities necessary to maintain public health, safety, or welfare.

e) No bulk sale of potable OWASA water will be allowed except for purposes necessary to maintain public health, safety, or welfare.

f) No OWASA-supplied potable water may be used for washing any vehicles. ~~This restrictio~~~~n shall not apply to washing garbage trucks or to cleaning as may be necessary preparatory to performing vehicle maintenance services~~.

g) No OWASA-supplied potable water may be used for pressure washing building exteriors.. ~~This restriction shall not~~ apply to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.

h) No OWASA-supplied potable water may be used for the flushing or pressure testing of new distribution lines unless that water is returned to the OWASA water supply system through methods approved by OWASA. This restriction shall not apply to the testing of in-building fire control sprinkler systems.

i) No OWASA-supplied potable water shall be used for filling or re-filling empty swimming pools or for topping off operating swimming pools.

j) No OWASA-supplied potable water may be used for fire department training or equipment testing.

Notwithstanding the restrictions specified in Sections 11-108.4.a) through 11-108.3.j), the protection of public health, safety, and welfare may, under special circumstances, require the use of limited amounts of OWASA-supplied potable water for such purposes as washing out garbage trucks, cleaning up hazardous or other unsanitary materials, etc. Such uses shall be permitted during declared Water Shortages or Emergencies, provided that other practical alternatives are not available and water is used in the least practical amount.

5. Water Supply Emergency

In the event that OWASA declares a Water Supply Emergency, OWASA shall so advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners and shall request the issuance of a Proclamation of a Water Supply Emergency. in addition to those applicable measures listed above for a Stage Three Water Shortage, the following actions shall be taken upon OWASA’s declaration of a Water Supply Emergency:

a) No OWASA-supplied potable water may be used for any outdoor purposes other than emergency fire suppression or other activities necessary to maintain public health, safety, or welfare.

c) Water service may be discontinued or reduced to designated users or in designated portions of the OWASA service area in order to preserve the availability of water for essential public health and safety requirements, such as fire protection, hospitals, clinics, and other critical community needs.

Section 11-109 Proclamation of Water Shortage or Water Supply Emergency

Upon notification from OWASA of a declaration of a Water Shortage or Water Supply Emergency, the Mayor of the Town of Chapel Hill is authorized, in order to more effectively protect the health and safety of the people within Chapel Hill, to issue a public Proclamation invoking the applicable provisions of this Division.

Section 11-110 Penalties and Remedies

Any violations of the provisions of this Division shall constitute a misdemeanor punishable upon conviction by a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding thirty (30) days as provided by General Statute Section 14-4 and in addition thereto such violation may be enjoined and restrained as provided in General Statute Section 160A-175.

A violation of any of the provisions of this Division shall subject the offender to a civil penalty of twenty-five dollars for the first offense, fifty dollars for the second offense within a thirty-day period, and one hundred dollars for the third or any additional offense that occurs within any thirty-day period. The Town may seek to recover the penalty by filing a civil action in the nature of a debt if any penalties are not paid within 30 days.

Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense.

The Town may seek to enforce this Division by using any one or a combination of the foregoing remedies.

Section 11-111 Severability

If any section, subdivision, clause, or provision of this Article shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, clause, or provision so adjudged, and the remainder of this Article shall remain fully valid and effective.”

Section 2. This ordinance shall become effective on July 1, 2003.

This the 23^rd day of June, 2003.

a.In October of 1984, the Council enacted “Water Shortage Regulations” in Chapter 11, Article X of the Town Code. Those regulations were implemented at the request of the Orange Water and Sewer Authority in order to maintain reasonable fresh water reserves during times of drought. The regulations were tied to water levels at University Lake which, at the time, was the Town’s only significant raw water supply source used for treatment and distribution to the community.

In March 2002, the Council enacted “Water Conservation Regulations” to replace the above referenced water shortage regulations and to reflect water supply conditions and conservation philosophy at the time. These regulations are currently in effect, and take into consideration three raw water supply sources: Cane Creek Reservoir, University Lake, and Stone Quarry.

At its April 14, 2003 regular meeting, the Council received and referred information presented by OWASA representatives regarding proposed revisions to its water conservation standards as a result of lessons learned from the severe drought during the summer of 2002.

It is important to OWASA that Chapel Hill, Carrboro, and Orange County adopt revised water conservation regulations prior to the summer break and the increased potential for drought that accompanies the summer months. Because of this schedule, we were unable to coordinate review of the OWASA proposed standards among the three governments. This could result in some differences in the ordinance language adopted by each governing body. If problems are identified as a result of the differing ordinance language, further revisions may be necessary in the fall to create compatible ordinances serving Chapel Hill, Carrboro and Orange County.

~~DISCUSSION~~

~~PURPOSES OF STANDARDS~~

~~The purposes of the proposed water conservation standards are:~~

To reduce the rate of increase in overall water use so as to maximize the community’s existing and planned water supply sources and to help reduce seasonal peak day demands that result in the need for costly expansion of water treatment, storage, and transmission facilities.

~~To provide an orderly process for reducing community-wide water demands during periods of drought or other naturally occurring causes of water shortages.~~

To provide an orderly process for reducing community-wide water demands during periods of water shortages due to natural disaster (other than drought), facility failures, or other unexpected loss of water supply, treatment, or distribution capacity constituting a water supply emergency.

Voluntary water conservation practices are encouraged at all times of the year, and the proposed standards include year-round requirements in addition to specific criteria proposed for use in establishing Stage 1, Stage 2, and Stage 3 water shortages, or Water Supply Emergencies. Based on water shortage conditions, increasingly more restrictive mandatory conservation measures are identified, with fewer restrictions under Stage 1 and more restrictions under Stage 3. The most stringent restrictions are identified during Water Supply Emergencies.

~~PENALTIES AND REMEDIES~~

As proposed by OWASA, customer violation(s) of the water conservation standards, if such violations continue after notification of prohibited use is delivered to the service address, could result in OWASA discontinuing water service to the customer in question (see ordinance Section 11-104). The proposed Town ordinance includes, in addition to the OWASA penalty clause noted above, language regarding criminal and civil penalties for violations during times of proclaimed water shortage or emergency (see ordinance Section 11-109).

~~COUNCIL AND CITIZEN COMMENTS AND QUESTIONS~~

The Town received letters from the Orange County Lodging Association and from the Chapel Hill – Carrboro Chamber of Commerce opposing the proposed OWASA language in Article III.B.1. b. Interior Use (see Attachment #2) regarding changing bed linens in hotels, motels, and other facilities providing sleeping accommodations. Attachment #3 includes copies of those letters that outline the reasons for opposition to the proposed language.

~~Before referring the proposed standards to the Manager for evaluation, the following comments and questions were expressed by Council members and citizens at the April 14, 2003 meeting:~~

~~How were daily allowances established? (Stage One/1,000gpd; Stage Two/800gpd; Stage Three/600gpd)~~

OWASA STAFF RESPONSE: Allowances are based on OWASA’s professional evaluation of historic and projected demand in relation to treated water supply that is expected to be available under each stage and in relation to the demand reduction goal for each stage. OWASA staff believes that the proposed allowances are reasonable in achieving the desired goals.

~~Who will enforce the regulations?~~

OWASA STAFF RESPONSE: Since the proposed penalty for violations is discontinuance of water service, not a criminal citation, OWASA would enforce the regulations using prudent judgment on a case by case basis following presentation of written notification of violation

~~Is there a “parachute” for extenuating circumstances requiring extra water use?~~

OWASA STAFF RESPONSE: The proposed standards are prescriptive, describing specific restrictions on the use of OWASA water under each stage. Unless specifically prohibited, OWASA water could be used for extenuating circumstances such as fire suppression, chemical spill clean-up, etc.

~~Change some of the proposed “requirements” to be “suggestions”. (e.g. hotel/motel bed linen language)~~

~~OWASA STAFF RESPONSE: OWASA representatives agreed to consider this request.~~

~~TOWN STAFF REVIEW COMMENTS ON PROPOSED OWASA STANDARDS~~

Town staff has reviewed the proposed water conservation standards and has considered the questions and comments noted above. The following summary identifies changes in the proposed OWASA water conservation standards language that we suggest be included in the Town’s ordinance codifying the standards for application within the Chapel Hill jurisdiction. We have also included some comments and observations about the proposed standards in general, and their potential effects on Town operations, services, and facilities.

For context purposes, please note that many of the proposed language changes are related to preserving the Town’s ability to water athletic fields and right-of-way plantings to the minimum extent necessary to sustain turf and plant viability during water shortages with the exception of water supply emergency conditions. We believe that the significant community investments and benefits associated with the Town’s athletic fields, street trees, and right-of-way landscaping; and the impacts of replacing these amenities if they are not preserved to the extent possible under all but the most severe circumstances; justifies the use of the minimum amount of water necessary to sustain the viability of publicly maintained turf, trees, shrubs, and plants.

We are also suggesting language changes in several sections that would ensure the Town’s ability to use water for washing out garbage trucks and for cleaning up hazardous or unsanitary materials to the extent necessary for protection of public health, safety, and welfare.

~~The list below notes the sections of the proposed OWASA standards to which changes are being suggested, followed by our comments regarding the suggested changes:~~

~~III.A.1.a.~~ ~~– Add the following sentence: “OWASA may authorize alternative spray irrigation schedules to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.”~~

STAFF COMMENT: Scheduled use of athletic fields may require that watering occur on days and at times other than those proposed by OWASA. For example, the Homestead Park soccer fields are heavily used on weekends and should be watered on a Monday (to stimulate turf repair growth) and Thursday (to allow turf to drain before weekend use) schedule. The standards as proposed by OWASA would not allow such a schedule.

~~III.A.1.e.~~ ~~- Add the following sentence: “Watering of plant beds, shrubs, and trees in public rights-of-way is permitted in accordance with this Section.”~~

~~STAFF COMMENT: Median and right-of-way landscaping materials sometimes require supplemental watering to survive during periods of limited rainfall.~~

~~III.A.3.a~~ ~~– Add the following: “, or watering publicly maintained athletic fields,”~~

~~STAFF COMMENT: The turf on athletic fields must constantly regenerate itself in response to damage during field use. To be successful, this regeneration process requires routine watering.~~

~~III.A.3.c.~~ ~~- Remove wording “when alternate methods are not available.”~~

~~III.A.3.e~~. ~~- Remove wording “when alternate methods are not available.”~~

~~III.A.3.f.~~ ~~- Remove wording “and where no other practical alternative exists.”~~

~~STAFF COMMENT: These phrases require subjective, qualitative judgments about which reasonable people could come to different conclusions, making enforcement difficult.~~

~~III.B.1.b.~~ - Revise to read “The changing of bed linens in accordance with the most current ‘Green Hotel’ standards is strongly encouraged in hotels, motels, and other facilities providing sleeping accommodations, unless public health and sanitation issues dictate otherwise such as in nursing homes and hospitals.”

STAFF COMMENT: We think that this change, requested by the Orange County Lodging Association and the Chapel Hill – Carrboro Chamber of Commerce, provides a reasonable and practical means of conserving potable water while providing necessary services.

~~III.B.2.b.~~ ~~- Remove wording “when alternate methods are not available.”~~

~~III.B.2.c.~~ ~~- Remove wording “and where no other practical alternative exists.”~~

~~STAFF COMMENT: These phrases require subjective, qualitative judgments about which reasonable people could come to different conclusions, making enforcement difficult.~~

~~V (introduction)~~ ~~- After the phrase “…using its best professional judgment” insert: “and following consultation with the Chapel Hill, Carrboro, and Orange County Managers,”~~

~~STAFF COMMENT: We believe that OWASA staff should consult with the Town and County Manager’s before making any determination of appropriate response to water supply shortages.~~

~~V.B.1.~~ ~~- Add the following sentence: “OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.”~~

STAFF COMMENT: Due to the large area that may be served by one meter, reasonable athletic field turf maintenance may sometimes require more than an average of 1,000 gallons per day per metered account as proposed by OWASA.

~~V.B.2.~~ ~~- Add the following: “, or to publicly maintained athletic fields.”~~

~~STAFF COMMENT: Field use schedules and drainage characteristics of athletic fields may require varying schedule, frequency and amount of water necessary for maintaining active turf viability.”~~

~~V.B.5.~~ - After the last sentence insert: “nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.”

~~STAFF COMMENT: We believe that these exceptions to the water use restrictions are necessary for the protection of public health and safety.~~

~~V.C.1.~~ ~~– Add the following sentence: “OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.”~~

STAFF COMMENT: Due to the large area that may be served by one meter, athletic field turf maintenance may sometimes require more than an average of 800 gallons per day per metered account as proposed by OWASA.

~~V.C.2.~~ ~~– Add the following sentence: “Spray irrigation of publicly maintained athletic fields shall also be permitted, to the extent necessary for maintaining active turf viability.”~~

~~STAFF COMMENT: Without the use of periodic spray irrigation, athletic field turf would go dormant and could eventually die, requiring replacement.~~

~~V.C.5.~~ ~~- Add the following sentence: “This restriction shall not apply to washing garbage trucks or to cleaning as may be necessary preparatory to performing vehicle maintenance services.”~~

STAFF COMMENT: We think that the washing operations identified above must be allowable exceptions to the proposed water use restrictions for public health reasons and for continuity of public services.

~~V.C.7.~~ - After the last sentence insert: “nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.”

~~STAFF COMMENT: Same comment as for Article V.B.5. above.~~

~~V.D.3~~ ~~– Add the following sentence: “Spray irrigation will be allowed for publicly maintained athletic fields, within the limits provided for in section V.D.1.”~~

STAFF COMMENT: We think it would be reasonable to prohibit use of public athletic fields during Stage 3 water shortages and allow the field turf to go dormant. However, the fields may require limited watering to maintain dormant turf viability.

~~V.D.6~~ ~~- Add the following sentence: “This restriction shall not apply to washing garbage trucks or to cleaning as may be necessary preparatory to performing vehicle maintenance services.”~~

~~STAFF COMMENT: Same comment as for Article V.C.5. above.~~

~~V.D.7.~~ - Add the following sentence: “This restriction shall not apply to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.”

~~STAFF COMMENT: Same as for Article V.B.5. above.~~

~~Article V.D.9.~~ - STAFF COMMENT ONLY (no wording changes suggested): Preventing use of OWASA water for topping off swimming pools would likely require that the Town’s two public pools be closed when Stage 3 or Emergency water restrictions are implemented.

~~Article V.E.1.~~ - STAFF COMMENT ONLY (no wording changes suggested): We assume that washing garbage trucks and cleaning up hazardous or unsanitary materials would be an allowable use of water under any circumstances to protect public health, safety, and welfare.

GENERAL STAFF COMMENT: It is our understanding that OWASA’s current State operating permit for its sewage treatment plant does not allow discharge of treated wastewater directly into a tank for non-potable uses. We urge the Council to request that OWASA aggressively seek State authorization allowing use of treated wastewater by the local government(s) and the University for non-potable applications such as street cleaning, truck washing, and watering trees and plants.

We think that strengthening the existing water conservation regulations will benefit the Town. We find OWASA’s proposed language to be reasonable and prudent, and we recommend few adjustments. The wording changes that we suggest, as outlined above, are intended to address concerns associated with provision of Town services and maintenance of Town equipment and facilities that represent a significant investment of public funds.

~~The attached ordinance includes the changes we have suggested above, for the Council’s consideration.~~

~~MANAGER’S RECOMMENDATION~~

That the Council enact the attached ordinance amending Chapter 11 of the Town Code of Ordinances to provide for year-round conservation of water and for temporary restrictions on water use during water shortages and emergencies.

~~ATTACHMENTS~~

~~1. Current Water Conservation Regulations in the Town Code of Ordinances (6 pagesp. 22).~~

~~2. Water Conservation Standards as Proposed by OWASA (13 pagesp. 28).)~~

~~3. Letters from Orange County Lodging Association and Chamber of Commerce (p. 413 pages).~~

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES TO PROVIDE FOR YEAR-ROUND CONSERVATION OF WATER AND FOR TEMPORARY RESTRICTIONS DURING WATER SHORTAGES AND EMERGENCIES (2003-06-23/O- 6)

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

~~Section 1. Article X, Chapter 11 is hereby replaced in its entirety with the following:~~

“ARTICLE X. WATER CONSERVATION STANDARDS AND REGULATIONS

~~DIVISION 1. GENERALLY~~

~~Section 11-101 Purpose~~

~~This ordinance is enacted for the purposes of:~~

~~c. Increasing the use of reclaimed wastewater and stormwater for irrigation and other uses that do not require water of potable quality.~~

~~2. Providing an orderly process for reducing community-wide water demands during periods of drought or other naturally occurring causes of water shortages; and~~

~~Section 11-102 Definitions~~

~~For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.~~

GRAYWATER. Domestic wastewater collected from household fixtures and appliances, such as washing machines, dishwashers, showers, sinks, and bathtubs, but not from toilets or urinals. G~~raywater may only be reused in accordance with practices approved by public health authorities.~~

~~HAND WATERING. The application of water for irrigation purposes through a hand-held hose or watering container.~~

~~HARVESTED WATER. Precipitation or irrigation runoff collected, stored and available for reuse for irrigation purposes.~~

~~LANDSCAPE AREA. That portion of a parcel that contains turf or non-turf vegetation.~~

~~MULCH. A protective covering of organic material, such as sawdust, wood chips, compost, or other vegetative matter, spread on the ground to reduce evaporation and increase water retention.~~

~~ODD-NUMBERED PROPERTIES. Properties with street addresses that end in odd-numbered digits, or other properties so designated for the purposes of these~~

~~Standards through special arrangements with OWASA.~~

~~OWASA. The Orange Water and Sewer Authority~~

~~PRECIPITATION RATE. The amount of water applied per unit of time, usually expressed in inches per hour.~~

~~RAIN BARREL: A tank or container, typically located on the ground beneath a roof drainage system, that captures and stores rainwater for subsequent reuse.~~

~~RAW WATER. Water drawn from a reservoir or other water source before treatment.~~

RUNOFF. Water which is not absorbed by the soil or landscape to which it is applied. Runoff occurs when water is applied too quickly (application rate exceeds infiltration rate), particularly if there is a severe slope. These s~~tandards do not apply to stormwater runoff which is created by natural precipitation rather than human-caused or applied water use.~~

~~SERVICE AREA. The geographic area in which OWASA provides or is authorized to provide water and/or sewer service.~~

~~SHUT-OFF NOZZLE. A device attached to the end of a hose that completely shuts off the flow, even if left unattended.~~

~~SPRAY IRRIGATION. The application of water to landscaping by means of a device~~

~~that projects water through the air in the form of small particles or droplets.~~

~~SPRINKLER HEAD. A device that projects water through the air in the form of small particles or droplets.~~

~~UNDERGROUND SYSTEM. An irrigation system with emitters installed beneath the ground surface.~~

~~WATER WASTE. The non-beneficial use of OWASA potable water. Non-beneficial uses include but are not restricted to:~~

~~c. Water applied in sufficient quantity to cause ponding on impervious surfaces.~~

~~d. Water lost through plumbing leaks that can be readily identified and corrected.~~

~~Section 11-103 Water Waste Prohibited~~

~~No person, party, or entity shall use, cause, waste, or permit to be wasted any OWASA -supplied potable water, in violation of the standards set out herein.~~

~~Section 11-104 Penalties~~

~~DIVISION 2. YEAR ROUND REQUIREMENTS~~

~~Section 11-105 Year Round Requirements -~~ ~~Exterior Use~~

~~1. The following outdoor or exterior use requirements shall apply to all customers using OWASA-supplied potable water:~~

a. Spray irrigation shall not occur more than three days per week. Even-numbered properties may be irrigated with spray systems only on Sundays, Wednesdays, and/or Fridays. Odd-numbered properties may be irrigated with spray systems only on Tuesdays, Thursdays, and/or Saturdays. All spray irrigation shall occur only between the hours of 8:00 p.m. and 9:00 a.m. These restrictions shall not apply to properties using underground, drip irrigation, micro spray, low precipitation bubblers, hand watering, or where watering of containerized plants and commercial plant stock in trade is maintained for resale. OWASA may authorize alternative spray irrigation schedules to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.

~~b. Regardless of irrigation methods used, no more than one inch of water may be applied to plant material in any given week.~~

~~d. All hoses used for hand watering, car washing, or other allowable outdoor uses shall be equipped with shutoff nozzles.~~

e. No exterior use of OWASA-supplied potable water shall result in the flow of water onto adjacent property or public right-of-way, and all irrigation systems shall be designed and maintained to prevent to the extent practicable water from flowing onto paved or other impervious surfaces. Watering of plant beds, shrubs, and trees in public rights-of-way is permitted in accordance with this Section.

~~f. Outdoor water leaks on property or facilities of OWASA customers must be repaired within ten (10) days of discovery and notification by OWASA.~~

~~3. Unless superceded by the declaration of a Water Supply Shortage or Emergency, the year-round requirements of III.A.1.a and III.A.1.b above shall not apply to the following:~~

~~b. Irrigation necessary for one day only where treatment with an application of chemicals requires immediate watering to preserve an existing landscape or to establish a new landscape.~~

~~c. Water used to control dust or to compact soil.~~

~~d. Visually supervised operation of watering systems for short periods of time to check system condition and effectiveness.~~

~~e. Water applied to prevent or abate health, safety, or accident hazards.~~

~~f. Water used for construction or maintenance activities where the application of water is the appropriate methodology.~~

~~g. Water used for firefighting, firefighter training, fire hose testing, fire pumper testing, and other emergency situation mitigation purposes.~~

~~Section 11-106 Year Round Requirements - Interior Use~~

~~1. The following indoor or interior use requirements shall apply to all customers using OWASA-supplied potable water:~~

~~a. Restaurants and dining facilities shall serve water only on request of the customer.~~

b. The changing of bed linens in accordance with the most current ‘Green Hotel’ standards is strongly encouraged in hotels, motels, and other facilities providing sleeping accommodations, unless public health and sanitation issues dictate otherwise such as in nursing homes and hospitals.

~~e. Plumbing systems shall be properly maintained and repaired to prevent water~~

~~leaks.~~

~~f. Indoor water leaks on property or facilities of OWASA customers must be repaired within ten (10) days of discovery and notification by OWASA.~~

~~2. Unless superceded by the declaration of a Water Supply Shortage or Emergency, the year-round requirements of III.B.1. above shall not apply to the following:~~

~~a. Visually supervised operation and flushing of plumbing systems for short periods of time to check system condition and effectiveness.~~

~~b. Water applied to prevent or abate health, safety, or accident hazards.~~

~~c. Water used for construction or maintenance activities where the application of water is the appropriate methodology.~~

~~3. OWASA shall periodically publicize and otherwise educate its customers on additional methods to conserve the interior use of water.~~

~~DIVISION 3. WATER SHORTAGE REGULATIONS~~

~~Section 11-107 Determination of Water Shortage or Water Supply Emergency~~

~~1. Drought Condition Shortage~~

~~2. Water Treatment, Storage, or Distribution Capacity Shortage~~

~~3. Natural and Man-Made Disasters, Catastrophic Equipment, Plant Failure Shortage~~

Any other circumstances, including service losses caused by equipment or facility failure, human error, deliberate act, weather, or other natural disaster, which constrain OWASA’s water supply, treatment, or distribution capacity to less than that reasonably needed by its customers, shall constitute a w~~ater~~ s~~hortage up to and including a Water Supply Emergency, requiring immediate action by OWASA.~~

~~Section 11-108 Required Actions Under Water Shortage or Water Supply Emergency Conditions~~

In the event of a water supply shortage, OWASA shall, using its best professional judgment and following consultation with the Chapel Hill, Carrboro, and Orange County Managers, determine which of the following stages is the most appropriate response to the estimated level of risk.

~~1. Water Supply Advisory~~

A w~~ater~~ s~~upply~~ advisory shall represent an alert to the public of a potential shortage and notification that water use restrictions may be imposed if the water supply and/or demand conditions do not improve in the near future. In the event of a declared w~~ater~~ s~~upply~~ a~~dvisory:~~

~~a) No mandatory water use restrictions other than year-round requirements already in place will be implemented.~~

~~b) OWASA shall make extensive use of media releases, advertising, and other reasonable means of publicizing the water supply advisory and the need for immediate voluntary conservation.~~

~~c) OWASA shall inform the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration of a~~ w~~ater~~ s~~upply advisory.~~

~~2. Stage One (1) Water Shortage~~

In the event that OWASA declares a Stage One Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations of WaterSupply Shortage. Upon OWASA’s declaration of a Stage One Water Shortage, t~~he following actions shall be taken with the goal of reducing overall water demand by ten (10) percent:~~

~~a) Water use by~~ individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of one thousand (1,000) gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect. OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.

~~d) No OWASA-supplied potable water may be used to re-fill ornamental fountains, ponds, and like devices.~~

e) No OWASA-supplied potable water may be used for the routine cleaning or washing of paved areas, such as sidewalks, decks, driveways, roadways, or parking lots. This restriction shall not apply to the pressure cleaning of exterior building surfaces nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.

~~3. Stage Two (2) Water Shortage~~

In the event that OWASA declares a Stage Two Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations of Water Supply Shortage, if not already issued. Upon OWASA’s declaration of a Stage Two Water Shortage, t~~he following actions shall be taken with the goal of reducing overall water demand by fifteen (15) percent:~~

~~a) Water use by~~ individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of 800 gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect. OWASA may authorize additional water use to the extent necessary for maintaining active turf viability on publicly maintained athletic fields.

b) Spray irrigation with OWASA-supplied potable water shall not be permitted, except by persons regularly engaged in the sale of plants, who shall be allowed to irrigate their commercial stock in trade. ~~Spray irrigation of publicly maintained athletic fields shall also be permitted, to the extent necessary for maintaining active turf viability.~~

~~d) No OWASA-supplied potable water shall be used to re-fill ornamental fountains, ponds, and like devices.~~

~~e) No OWASA-supplied potable water shall be used for washing vehicles, except at commercial or institutional car washes in which at least 50 percent of the water has been recycled.~~ ~~This restriction shall not apply to washing garbage trucks or to cleaning as may be necessary preparatory to performing vehicle maintenance services.~~

~~f) No OWASA-supplied potable water shall be used for filling or re-filling empty swimming pools. OWASA-supplied potable water may be used to top off operating swimming pools.~~

g) No OWASA-supplied potable water shall be used for the routine cleaning or washing of exterior building surfaces, decks, or paved areas, such as sidewalks, driveways, roadways, and parking lots. This restriction shall not apply to the pressure cleaning of exterior building surfaces or decks prior to painting or re-painting that is necessary to protect or maintain the physical integrity of the structure nor to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.

~~h) No OWASA-supplied potable water may be used for fire department training or equipment testing unless required by State or Federal regulations.~~

~~4. Stage Three (3) Water Shortage~~

In the event that OWASA declares a Stage Three Water Shortage, OWASA shall advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners of its declaration and shall request that they issue Proclamations of Water Supply Shortage, if not already issued. Upon OWASA’s declaration of a Stage Three Water Shortage, t~~he following actions shall be taken with the goal of reducing overall water demand by twenty (20) percent:~~

~~a) Water use by~~ individually metered residential customer accounts and by individually metered irrigation-only accounts shall be limited to no more than an average of 600 gallons per day during any monthly billing cycle beginning after the declaration of a Water Supply Shortage or Water Supply Emergency and ending while such restrictions are still in effect.

c) No irrigation with OWASA-supplied potable water shall be permitted, except via hand held hoses or watering cans. Such irrigation shall not occur more than three days each week, according to the schedule prescribed in III.A.1.a of these Standards; shall be applied to non-turf plant material only; and shall be limited to a maximum of one-half inch of water per week. Spray irrigation will be allowed for publicly maintained athletic fields, in accordance with water usage limits established in 11-108-4a above.

d) OWASA-supplied potable water may not be used for any other outdoor purposes, except for emergency fire suppression or other activities necessary to maintain public health, safety, or welfare.

~~e) No bulk sale of potable OWASA water will be allowed except for purposes necessary to maintain public health, safety, or welfare.~~

~~f) No OWASA-supplied potable water may be used for washing any vehicles.~~ ~~This restriction shall not apply to washing garbage trucks or to cleaning as may be necessary preparatory to performing vehicle maintenance services.~~

~~g) No OWASA-supplied potable water may be used for pressure washing building exteriors.~~ This restriction shall not apply to pressure cleaning necessary for the removal of offensive graffiti or for reasons related to protection of public health and safety such as clean up of chemical spills, unsanitary materials, or hazardous waste.

~~i) No OWASA-supplied potable water shall be used for filling or re-filling empty swimming pools or for topping off operating swimming pools.~~

~~j) No OWASA-supplied potable water may be used for fire department training or equipment testing.~~

~~5. Water Supply Emergency~~

In the event that OWASA declares a Water Supply Emergency, OWASA shall so advise the Mayors of Carrboro and Chapel Hill and the Chair of the Orange County Board of Commissioners and shall request the issuance of a Proclamation of a Water Supply Emergency. i~~n addition to those applicable measures listed above for a Stage Three Water Shortage, the following actions shall be taken upon OWASA’s declaration of a Water Supply Emergency:~~

a) No OWASA-supplied potable water may be used for any outdoor purposes other than emergency fire suppression or other activities necessary to maintain public health, safety, or welfare.

Water service may be discontinued or reduced to designated users or in designated portions of the OWASA service area in order to preserve the availability of water for essential public health and safety requirements, such as fire protection, hospitals, clinics, and other critical community needs.

~~Section 11-109 Proclamation of Water Shortage or Water Supply Emergency~~

Upon notification from OWASA of a declaration of a Water Shortage or Water Supply Emergency, the Mayor of the Town of Chapel Hill is authorized and directed, in order to more effectively protect the health and safety of the people within Chapel Hill, to issue a public proclamation invoking the applicable provisions of this Division.

~~Section 11-110 Penalties and Remedies~~

~~Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense.~~

~~The Town may seek to enforce this Division by using any one or a combination of the foregoing remedies.~~

~~Section 11-111 Severability~~

~~Section 2. This ordinance shall become effective on July 1, 2003~~

~~This is the 23^rd day of June, 2003.~~

Item 11 - Information on Process and Potential Schedule

for Calling a Bond Referendum on November 4, 2003

Mr. Horton strongly recommended that if the Council decides to adopt a schedule to move forward on a bond issue they appoint a committee to begin advocating for a bond referendum. Such a committee would need to raise money to fund itself, he said, because the Town cannot use government funds to advocate for or against a bond issue.

Finance Director Jim Baker reviewed the steps to call the bond referendum. He said that the process would need to begin on August 25, 2003, after the staff had published a notice in the newspaper saying that the Town intended to submit an application to the Local Government Commission for the issuance of general obligations bonds subject to approval of the voters.

Council Member Harrison asked if the Council would have to wait until August 25^th to appoint a committee. Mr. Horton replied that this would be a special committee established for a community/political purpose and that the Council could appoint it in whatever fashion they chose.

Mayor Foy clarified that the staff would not be able to support the Council on this. He explained that Council members would have to get citizens involved in working to support of the bonds. Mayor Foy suggested that Council members communicate with him on whether or not they were willing to help establish and possibly serve on a bond committee. Council Members Verkerk and Harrison volunteered.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-21. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ESTABLISHING A SCHEDULE FOR CONSIDERATION OF A BOND REFEREDUM ON NOVEMBER 4, 2003 (2003-06-23/R-21)

WHEREAS, the Town Council has considered various capital improvements projects and wishes to finance these projects using General Obligation bonds; and,

WHEREAS, the use of General Obligation bonds for financing capital improvement projects requires approval by the voters in a referendum;

NOW, THEREFORE, BE IT RESOLVED by the Town of Chapel Hill that the Council hereby adopts the following schedule for calling a bond referendum on November 4, 2003 for voters to consider financing various capital improvements projects with General Obligation bonds:

Date Step

August 25 Introduction of Bond Orders for proposed projects with preliminary maximum amounts for consideration, authorization to file application with Commission, file sworn statement of debt with Town Clerk and call public hearing to consider adoption of Bond Orders.

August 26 Publish Bond Orders and Notice of Public Hearing on Orders.

September 8 Council holds public hearing on Bond Orders, considers adoption of Bond Orders specifying final amounts for proposed projects and considers adopting a resolution calling for referendum on November 4, 2003

After September 8

and before

September 10 Publish Adopted Bond Orders and Notice of Referendum twice, first publication not less than 14 days and second publication not less than 7 days before last day on which unregistered voters may register for referendum.

November 4 Hold Referendum

This the 23^rd day of June, 2003.

Mayor Foy and Mr. Horton concurred that the Town could do the things that it is permitted to do by law without any allocation of funds.

Council Member Wiggins determined that funds would be raised from interested members of the public. Mayor Foy pointed out that the staff must stay neutral on this and must provide material to support any position that someone wants to take. But the Council may advocate, said Mayor Foy.

Item 12 - Consideration of Preliminary Design Estimate

for Town Operations Center

Mr. Horton explained that the Town finally had real cost estimates for the Town Operations Center (TOC). The challenge will be to get those numbers to the point of "greatest realism possible," he said. Mr. Horton noted that the staff would be working hard to find Federal Transit Administration support for a significant amount of the funding. They would also apply to the NC Transportation Improvement Program for associated road improvements, he said, and to any other source they can think of, including Homeland Security."

Assistant Town Manager Sonna Loewenthal reported that the Town had completed a needs assessment and a detailed level of design criteria. She said that the draft conceptual plan had received courtesy reviews from the Transportation Board, Planning Board, and Community Design Commission. Ms. Loewenthal commented that the preliminary cost projections had spurred the staff to examine where it can be more efficient and use resources better. About $18 million would be for transit-related expenses, she said, pointing out that these are eligible for federal and State funding. Ms. Loewenthal commented that the staff was optimistic that about 90% of the cost will be covered by grants. Chapel Hill Transit was a growing operation, she said, noting that the Town needs room to house all of it. Ms. Loewenthal told Council members that the NC DOT did not want the Town coming back later and asking for more space for buses.

Architect Ken Redfoot asked the Council to keep four guiding principles in mind when moving through his presentation: efficient effective use of operations, sustainable development, environmental sensitivity, and fiscal prudence. He said that the project was proceeding on schedule, with a selected site and programming and planning stages completed. He asked for the Council's input regarding the cost estimate. Mr. Redfoot said that he would come back in August to discuss sources of funding. The project should be completed in three years, he said, because that is when the current TOC lease will expire.

Planning Board Vice Chair Sally Greene pointed out that it will be a long drive for folks on the south side of Town to go up to the TOC and pay their $15 dollars to get their “white goods” picked up. She said that the Town should not seek exemption from its own LUMO because it should remain above reproach. Ms. Greene suggested that the concept of Certificates of Participation be explained to the public. The Planning Board strongly believes that no water or sewer should be extended into the rural buffer, she said, noting that even if the Animal Shelter were to go in there, County Commissioners have said that it should be served by a septic tank.

Ms. Greene reported that the Board had endorsed the plan for a daycare center even though they had concerns about child safety in an industrial area. They had recommended that the Council consider public transit access and a transportation management plan for this site, she said. Ms. Greene noted that there would be pressure from trucks on the surrounding roads. She stated that Board had encouraged the use of green products and processes. Ms. Greene recommended exploring possible uses of methane from the landfill.

Loren Hintz, Chair of the Transportation Board, added that this had been a joint Planning and Transportation Department meeting and that members of the Transportation Board had agreed with the recommendations that Ms. Greene had outlined. He observed that extending the greenway path behind the daycare center to Mill House Road would add another access. Mr. Hintz reported that the Board was please about the suggested road improvements and bike lanes along Eubanks Road. The Board agreed that it was important to follow the LUMO rules, he said, and he pointed out that the number of parking spaces was less than the LUMO required. Mr. Hintz added, however, that this should not be a problem because there would be bus transit to the area. He recommended including the lifecycle cost of items in order to show that solar energy, for example, has saves money over time.

Thatcher Freund argued against putting police impound lots in the rural buffer. Doing so would t makes the notion of a rural buffer ludicrous, he said. Mr. Freund pointed out that the fact that these are permitted uses does not mean the Town has to use them. He suggested using the highest standards possible. In the future, when the Town advocates for five- or ten-acre minimum lots in Orange County and argues that parking lots of this size require an SUP, no one will be able to say that the Town had one itself, he said.

Virginia Knapp, representing the Chapel Hill-Carrboro Chamber of Commerce, stated that some developers and builders had expressed concern about the Engineering Department moving to the TOC. She asked Council members to consider keeping the Engineering, Planning and Inspections Departments together so that builders and homeowners could work efficiently with the Town.

Mayor Foy asked Mr. Horton to address the issue of what would be located at the TOC. Mr. Horton explained that some probably would move out of Town Hall because that building was reaching the limits of what it can absorb. He had used Engineering as a surrogate for any number of departments that would require about the same size, he said. Mr. Horton emphasized that no decision had been made about which department might move there. This would be a Council decision, he said, but the staff would develop a recommendation. Mr. Horton pointed out that the Information Technology Department could move to that site, as could the Human Resources Department. He asked the Town to think of the Engineering Department as a placeholder not a decision.

Council Member Wiggins asked if anyone had checked to see if a daycare center could be certified at that location. Ms. Loewenthal replied that the daycare center was in the most conceptual stage of anything on the site. She said that the staff had hoped for feedback tonight on whether or not to get cost figures. Council Member Wiggins suggested checking first with the state to see if the Town could get approval for a daycare center at an industrial site. Ms. Loewenthal agreed to do that. Council Member Wiggins stated that she would support the daycare center if it is approved.

Council Member Verkerk inquired about putting the daycare center on the other side of Mill House Road. Mr. Redfoot pointed out that this would mean crossing the railroad tracks.

Mayor pro tem Evans suggested planning for eventual acquisition of the privately owned site in the middle of TOC property, by including stub-outs perhaps. She also inquired about the $.5 million Percent for Art, wondering if the Arts Commission could use some of that funding in other areas of Town. Ms. Loewenthal explained that Percent for Art funding must be used for projects that are visible to the public. There is some question about whether or not this qualifies, she said, since it is not a major transit stop. Ms. Loewenthal also noted that the staff was researching whether funds from Certificates of Participation for the TOC could be used elsewhere for art. This would be a question for financiers at a later time, she said.

Mayor pro tem Evans inquired about the documented need for daycare at the TOC. Mr. Horton replied that this too is information that the Town needs to collect.

Council Member Ward recommended discontinuing any reference to the space next to Public Works as "Engineering," and representing it in a less specific way. He spoke in support of Mr. Hintz's suggestion to consider lifecycle costs that will save the community money in the long run. He also recommended considering using methane and geothermal energy. Council Member Ward suggested exploring alternatives to using the rural buffer for impoundment parking. But, if the Town does use that spot, it should not create a dead end to the property north of it, he said. Mr. Redfoot agreed to address that but pointed out that this is a secured access point.

Mayor Foy agreed that Mr. Freund had made a good point. He noted the possibility of building a parking deck and moving the impound lot closer to the facility. Mayor Foy asked when the Animal Shelter discussion would begin, noting that this would pertain to the overall plan. Mr. Horton replied that the staff had met with Orange County Manager John Link and had learned that the County Commissioners had begun a search for a possible location. Mr. Horton said that the Town would inform them of its plans so far so that the County could take them into account.

Mayor Foy asked Mr. Redfoot to elaborate on the Community Design Commission's (CDC) concern about locating the vehicle wash center and fueling station near the Resource Conservation District (RCD). Mr. Redfoot replied that those concerns would be addressed, to some extent, by how the tanks are protected and placed. All of the wash water would be self-contained and mostly recycled, he said, so it would not rush into the RCD over the pavement. Mr. Redfoot said that he was cognizant of that issue and was trying to create more buffer for extra protection.

Mayor Foy noted that the CDC had also wondered about the appearance of the property from the immediate surrounding neighborhood along Mill House Road. They had also expressed interest in the appearance from I-40, he said.

Council Member Wiggins asked that the Town not build stub-outs and so forth to the private property in the center. She did not want to indicate that the Town was waiting for them to sell, she said, adding that doing so might even delay acquisition. Mr. Horton replied that the Town has the ability to treat its neighbor with respect and will strive to do so.

Council Member Strom asked about how Mr. Redfoot had come up with the figures and what steps he would take to lower them. What percentage of it is finished office space and what percentage is not, he asked, and how would Mr. Redfoot "scratch at that" when trying to bring the figures down. Mr. Redfoot suggested thinking about it as a three-legged stool comprised of quantity, quality and cost. The Town now knows the quantity, he said, and it knows quality to some degree because the community values require high performance guidelines, energy efficiency, and environmental sensitivity. Mr. Redfoot stated that even though those elements are not totally designed at this point they are part of the thought processes when looking at the cost.

Mr. Redfoot explained that what is known about quantity and quality had lead to the cost figure presented to the Council tonight. To reduce cost means examining the quantity of the project or at changing some of the goals and objectives, he said. Mr. Redfoot pointed out that cost was not based on a set of floor plans. It was their best estimate, he said, adding that they would go through a more refined schematic design development to get finer and finer cost estimates.

Council Member Strom stressed that this was more than the Council had anticipated spending. He asked Mr. Redfoot to bring back some options for non-custom construction and designed facilities as part of the mix. Council Member Strom noted that the Carolina Friends School had bought a stock steel building, insulated it, and turned it into a high-performance gymnasium for a fraction of what a custom gymnasium would cost. He stated that there were some decent products on the market, with good life cycles and performance characteristics that might be a solution to some of this dramatic cost.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECESS THE MEETING TO JUNE 25, 2003 AT 7:00 P.M. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The meeting recessed at 10:43 p.m.