SUMMARY MINUTES

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JANUARY 12, 2004, AT 7:00 P.M.

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

Council members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Transportation Planner David Bonk, Mayoral Assistant Emily Dickens, Traffic Engineer Kumar Neppalli, Interim Finance Director Kay Johnson, Planning Director Roger Waldon, Long Range Planning Coordinator Chris Berndt, Public Works Director Bruce Heflin, and Town Clerk Joyce Smith.

Item 1 - Ceremonies: Recognition of the

Orange County Rape Crisis Center’s 30th Anniversary

Mayor Foy introduced Rape Crisis Center Executive Director Margaret Barrett and Board Chair Ellen Abercrombie. He congratulated them on the Center's 30^th anniversary and thanked them for taking the time to come and inform the Council on their work.

Ms. Barrett thanked the Council for its assistance and expressed gratitude to members of the Chapel Hill Police Department for their support. She also thanked the many Town officials who had contributed to the Center's mission. Ms. Abercrombie explained that in 2003 the Center had served 426 clients through its 24-hour crisis line and support groups. She noted the Center's community education programs and informational fairs and said that the Center had received a 30^th Anniversary Membership Drive matching grant from the Stewards Fund. Ms. Abercrombie announced that a 30^th Anniversary event would be held at the Sheraton Hotel in Chapel Hill on April 20, 2004. She also mentioned the Center's Annual Holiday Auction to be held on Sunday, November 7, 2004. More than 100 volunteers serve as rape crisis companions, community educators, interpreters, and support group facilitators, Ms. Abercrombie said.

Item 2 - Public Forum: Durham-Chapel Hill-Carrboro

2030 Regional Transportation Plan Socioeconomic Projections

Town Manager Cal Horton explained that the 2030 Regional Transportation Plan would eventually replace the 2025 Plan. He introduced Transportation Planner David Bonk to explain where the Town was in the process and to identify key issues for the Council's consideration.

Mr. Bonk explained that the 2025 Plan needed to be updated for the following two reasons:

1) federal regulations governing long-range transportation planning require an update every three years, and

2) the federal government had recently released revised air quality conformity rules and the region was required to test its Plan against those new regulations.

Mr. Bonk explained that the schedule in Council members' packets, which had been adopted by the Transportation Advisory Committee (TAC), included a March 2005 deadline for completion of the Plan. He stated that some of the figures included in the report had been updated. He would provide new Orange County figures if Council members so desired, he said. Mr. Bonk noted that the schedule included TAC approval of the figures on January 14, 2004. But that date had been moved to sometime in February, he said, because of the number of changes.

Mr. Bonk indicated a summary of information for Chapel Hill on page 41 of the Council's memorandum, and a map on page 42 that showed the delineation of various sub-areas. He explained that changes had been due to changes in policy, proposals and procedures as well as other factors since 1997, plus five years of growth since the additional projections. Mr. Bonk displayed tables showing changes in population, dwelling units, and employment in Chatham, Durham, Granville and Orange Counties. He pointed out that Durham and Orange Counties' population-to-jobs ratio was moving toward the ideal 1:1 relationship. But Chatham County's ratio had become much more skewed, he said. Mr. Bonk predicted that this would lead to an "out-migration" from Chatham County to Orange and/or Wake County for services and employment.

Mayor Foy clarified that the Town of Chapel Hill's projected population growth was 20,000, whereas all of Orange County was growing by about 50,000. In response to another question from Mayor Foy, Mr. Bonk replied that about 30,000 jobs were being projected for that period. Mayor Foy clarified that there would be more jobs than people. Mr. Bonk commented that the population-to-jobs ratio in Orange County had begun to fall.

Mayor Foy pointed out that this meeting was a public forum but that no citizens had signed up to speak. He determined that there were none in the audience wishing to comment on the Transportation Plan.

Council Member Harrison asked Mr. Bonk if the regional partners, the City of Durham in particular, aspired to have a model that would work better than the regional model. He also asked if there was an obvious funding source. Mr. Bonk replied that the Metropolitan Planning Organization (MPO) seemed interested in improving the state of the art of the model that was available. He noted that this model was not sophisticated and/or flexible enough to allow aspects such as bicycle and pedestrian elements of the planning process. Mr. Bonk noted that Chapel Hill did not have the luxury to improve the regional model without the agreement of its partners. He added that reaching such a consensus now would be difficult, particularly given the federal deadline that had been imposed on them. So, Mr. Bonk said, the partners had agreed to all use the same model as was used for the 2025 Plan and not pursue another for the time-being.

Council Member Strom asked about the consequences of one community growing more robustly than projected, and asked would it cause a fiscal or air quality impact. Mr. Bonk replied that it could mean a number of things. Under-assuming the amount of growth would mean under-assuming the amount of infrastructure needed, he said. Mr. Bonk pointed out that underestimating growth could also mean believing that air quality would be fine, for example, when it would not be. And over-projecting could mean not being unable to meet air quality guidelines and possibly having to take dramatic steps to try and do so, Mr. Bonk explained. Mr. Horton added that this was one of the reasons why the Town was required to update its estimates on a fairly frequent basis.

Council Member Kleinschmidt determined that the chart on page 17 had not been corrected and that the projections there for Carrboro had under-assumed growth. He asked what those figures would look like with real projections. Mr. Bonk replied that he did not have Carrboro's updated numbers before him. He offered to provide those to Council members at a later date. Council Member Kleinschmidt verified that the number for Carrboro was expected to be much higher.

Council Member Strom suggested that the Council not take any action tonight but put this item on the agenda for the next meeting. That way, Council members would have more time to consider the numbers, and to receive additional input at the TAC meeting scheduled for the next day, he said. Mayor Foy verified with Mr. Horton that the Council did not have to take action tonight.

The Council agreed by consensus to bring this issue back at the next Council business meeting on January 26.

Mayor Foy suggested moving Agenda Item 11, Council Petitions, forward due to the amount of public interest in the two petitions on the agenda. He noted that it was not the Council's general procedure to take action on a petition the night it is presented, and it was unlikely that the Council would take action on either of the two petitions.

There was no objection from Council members to moving Item 11 forward.

Item 11 - Petitions:

a. By the Mayor and Council Members.

1. Petition to Terminate the Town’s Contract with ACS, Inc. regarding the SafeLight Program – Council Member Kleinschmidt.

Council Member Kleinschmidt asked Council members to receive and refer his petition to end the red light camera program at the next Council business meeting. He made a distinction between concerns about privatization of a police function and issues of privacy. Council Member Kleinschmidt said that he did not feel anyone's privacy rights were being implicated by the program but was concerned about whether or not cameras at intersections make the community safer. The SafeLight Program had reduced red light violations to a civil action where someone can pay a fine and be done with it, he said. Council Member Kleinschmidt stated that violators do not receive points on their licenses or insurance, as they would have in the traditional courtroom after being stopped and ticketed by police.

Council Member Kleinschmidt argued that the SafeLight Program undermines the deterrent effect and creates a disincentive to not drive through red lights. In a community where the median house costs $400,000, he said, paying a $50 fine with no insurance/ license points does not seem like a powerful measure. Council Member Kleinschmidt noted that a number of citizens had brought forward alternatives when this issue first came before the Council. He asked Council members to include in his original petition to add a request that the staff come back with a plan for ensuring that those other kinds of measures were taken to improve safety at intersections where red light running is a problem.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO RECEIVE AND REFER THE PETITION, AS AMENDED, TO THE MANAGER.

Mayor Foy noted that some people had signed up to speak on this issue, but added that the Council does not generally hear public comment on the night a petition is received. Mayor Foy verified with Mr. Horton that the item could come back at the January 26, 2004 Council meeting, with information on an alternate plan coming back at a later date.

Council Member Ward argued against bringing the item back so soon, since valuable data would not yet be available from a study that was currently in place.

Council Member Greene asked for specifics on that, and Mr. Horton explained that the Town had been working with the Institute for Transportation Research and Education (ITRE) on the first study of its kind on red light running. The goal was to determine whether or not the SafeLight Program makes any difference in motorists' behavior, he said. Mr. Horton predicted that the study would take until September 2004 to produce worthwhile data, but offered to find out if ITRE would have any useful data sooner than that.

Council Member Kleinschmidt determined that the Town had made no investment in the program other than staff time and minor administrative costs. He pointed out that any reconsideration at this point would not jeopardize Town funds and that ACS, Inc. had taken the risk with a provision that allows for termination of the agreement.

Council Member Greene, referring to a 2001 ITRE report, read a statement that cameras should not be installed as a response to red light running without first working through engineering solutions.

Mayor Foy recommended that the Council vote on whether or not to refer the petition to the Manager to come back for debate. The Council would then be in a better position to speak from the same set of information, he said. Mayor Foy recommended taking no action tonight.

Council Member Ward asked how the Council would inform the community of the program's status. Mr. Horton replied that they would continue to make monthly reports and would present the results from ITRE at some future time.

Council Member Harrison requested information on whether the alternatives being proposed were feasible with the signal system that the Town has. Mr. Horton replied that the staff would address the suggestions that had been presented in the past.

Council Member Ward commented that many of the measures taken to prepare for the cameras were the same as those suggested as alternatives to cameras. This had been done with significant input from the Town's engineering staff, he said.

COUNCIL MEMBER KLEINSCHMIDT AMENDED HIS MOTION MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO RECEIVE AND REFER THE PETITION, AS AMENDED, TO BRING BACK AN ALTERNATE PLAN TO COME BACK TO THE COUNCIL ON JANUARY 26, 2004. THE MOTION WAS ADOPTED (8-1), WITH COUNCIL MEMBER WARD VOTING NAY.

2. Petition to Rename Airport Road, or Other Thoroughfare, Martin Luther King Jr. Boulevard - Mayor pro tem Wiggins.

Mayor pro tem Edith brought a petition on behalf of the local chapter of the NAACP. The petition asked that the name of Airport Road, or a comparable thoroughfare, be named in Martin Luther King, Jr. Boulevard. This would be a much more fitting tribute to Dr. King than the short street that is currently named after him, she said, adding that most Chapel Hill citizens don't even know that the other street exists.

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE AND REFER THE PETITION TO THE NAMING COMMITTEE AND STAFF TO BRING BACK A RECOMMENDATION. THE MOTION WAS APPROVED UNANIMOUSLY (9-0).

Item 3 - Petitions by Citizens and Announcements by Council Members

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

1. Bicycle and Pedestrian Advisory Board regarding Traffic Activation Loops for Bicycles.

Council Member Ward, the Council's liaison to the Bike and Pedestrian Advisory Board, expressed support for the staff looking into this issue. That would help the Council to better understand the technical issues and opportunities that traffic aviation loops might provide the bicycling community in Chapel Hill and the surrounding area, he said.

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

2. Greenways Commission regarding Long-Term Parking on Bolinwood Drive.

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

3. Greenways Commission regarding Greenway Priorities Using 2003 Greenways Park Bonds.

Mayor Foy noted that the Council would discuss this in greater detail at their retreat the following Thursday, January 15.

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

4. Wayne Hadler for Eastern Federal Corp., regarding Support of Expedited Processing of Special Use Permit Modification for Village Plaza Theater Project.

Mr. Hadler described this as a very limited request to delete an offsite improvement that remained in error on the original resolution. He requested a waiver of the normal fee, except for the cost of giving notice of the hearing. Mr. Hadler said that this issue was holding up the process because the developer cannot get a Zoning Compliance Permit without resolving it. He requested that the Council act on it as quickly as possible.

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

5. Michael Gleason, for Tri-Cyclists Bicycle Racing Club, regarding Request for Street Closure for The Meadowmont Bicycle Classic.

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

6. Thatcher Freund and Rudy Juliano, regarding Consideration of Legislative Requests.

Mr. Freund urged the Council to consider the following two ideas for allowing Chapel Hill to preserve as much open space as possible:

1) enabling legislation to permit the Town of Chapel Hill to use funds designated for the purchase of open space to buy land or conservation easements outside its extraterritorial jurisdiction, and

2) enabling legislation to permit the Town of Chapel Hill to use the mechanism of Transfer of Development Rights to allow the purchase of conservation easements in Orange County in exchange for greater development rights in Town.

With regard to the first, Mr. Freund pointed out that it was "worse than pointless" to advocate for greater densities inside the Urban Services Boundary if it means that Orange County will end up looking like Orange County, California. Getting these local bills approved would not be easy, he said, noting that many interests were opposed to them. Mr. Freund offered his personal support in approaching the Legislature.

Mr. Juliano stated that Chapel Hill's future would be denser and more urban than it is now and that protection of open space in the "rural backyard" would become increasingly important. Current regulations protect the rural buffer against high-density development, but not against low-density suburbanization, he said. Mr. Juliano argued that the Town should work with Orange County and private conservation organizations to protect large tracts in the rural buffer. He urged Council members to seek legal and technical advice on the matter and to pursue transfer of development rights, if possible.

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

7. George Cianciolo, Transportation Board Chair, regarding Centrally Located Transfer Station.

Council Member Harrison recommended immediately referring this petition to the economic analyst via staff members Chris Berndt and Phil Hervey.

Mayor Foy suggested that the motion include referring it to the Parking Lots 2 & 5 Committee.

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO RECEIVE AND REFER THE PETITION TO THE STAFF AND TO THE PARKING LOTS 2 & 5 COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

8. Paul Neebe, regarding Highland Woods Road Entrance.

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

9. Valerie Broadwell, regarding Request for a Pedestrian Cut-through and Crosswalk in Glenwood Square.

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

10. Elaine Barney, regarding Placing a Moratorium on Private Meetings Between Council Members and UNC Officials.

Ms. Barney, representing the Coalition of Neighbors Near Campus (CNC), said that it had come to their attention that the University of North Carolina had assigned high ranking administrative staff members to meet regularly with individual Town Council members. She described this as "improper" behavior, especially given the importance to the community of issues that might be discussed. Ms. Barney requested that the Town Council take the following steps:

1. recognize that these meetings are lobbying efforts and are a "de facto end run" around the open meeting law,

2. cease all such meetings until the Council can adopt a policy dealing with such concerted efforts by developers to attempt to influence the Council outside the public process, and

3. recognize that those UNC officials participating in this effort are acting as paid lobbyists. The Town should adopt a regulation requiring registration of lobbyists and disclosure of their activity.

Ms. Barney suggested that the Town adopt a regulation similar to that of Madison, Wisconsin, for example. She described this as an ethical issue, which disturbs many citizens and deserves the Council's attention.

Council Member Strom wondered if this item should be referred to the staff or to Council members themselves.

Mayor Foy suggested referring it to the Council's upcoming retreat, which is a public, all-day work session at the Chapel Hill Public Library.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE COUNCIL'S JANUARY 15 RETREAT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

11. Eric Plow, regarding Rental Licensing Program.

Mr. Plow asked that at least one Council member question what the rental licensing program was doing for the Town. He suggested asking whether it was solving problems, and if so, how many? Mr. Plow suggested that the Council then divide the cost of the program by the number of problems it has solved and then ask themselves if the money spent per problem could be better used for other things. Mr. Plow recommended terminating the program as of June 30, 2004, if the Council does not arrive at a good answer to those questions.

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

12. Bobby Clapp, regarding Red Light Cameras.

Mr. Clapp spoke in favor of red light cameras at traffic intersections. He said that national statistics report a correlation between safety and cameras. Mr. Clapp suggested that some leaders might be overly influenced by small local interest groups rather than being in touch with the community as a whole. He presented a petition signed by residents asking the Council to retain the red light camera policy.

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

13. Bill Thorpe, regarding Support of Petition regarding Martin Luther King, Jr. Boulevard and an Invitation to the MLK, Jr. Celebration.

Mr. Thorpe expressed support for Mayor pro tem Wiggins' petition and invited Council members to the First Baptist Church on Monday, January 19 at 10:00 a.m. to celebrate the Dr. Martin Luther King, Jr. holiday. He noted that Chapel Hill was the first in the nation to have a paid holiday in honor of Martin Luther King, Jr. This will be a celebration of 20 years from that date, Mr. Thorpe said.

Mayor pro tem Wiggins pointed out that Mr. Thorpe had been on the Town Council when it took the action 20 years ago to make this day a Town holiday. Mr. Thorpe replied that the Council took that action on December 12, 1983, and that he was indeed a part of that decision.

THE COUNICL RECEIVED THE PETITION BY CONSENSUS.

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

c. Announcements by Council members.

1. Council Member Verkerk announced an informal Chapel Hill Public Arts Commission drop-in open house at the Chapel Hill Public Library on Tuesday, January 27, 2004, from 4-8 p.m. This will inform citizens about public art and why it is important, she said. Council Member Verkerk noted the opportunity to think creatively about public art throughout Town.

2. Council Member Ward described the litter at Merritt Mill Pasture, between the James Taylor Bridge and Winter Drive, as "appalling." He suggested that the Public Works or Department of Corrections programs might give that area some attention.

Item 4 - Consent Agenda

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-01-12/R-1)

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

a.	Council Minutes of September 9 (Closed Session), November 10 (Work Session, Business Meeting, and Closed Session), November 14 (Closed Session, November 17 (Work Session and Public Hearing), November 24 (two Work Sessions, Business Meeting, and Closed Session), and December 8 (Organizational Meeting), 2003.
b.	Nominations to various advisory boards and commissions (R-2).
c.	Resolution Finding Time Warner Cable Basic Tier Rates Consistent with Federal Regulations (R-3).
d.	Resolution of Agreement between the Town and NC Department of Transportation regarding Computerized Traffic Signal System Software Upgrades (R-4).
e.	Traffic Regulations Ordinance Amendment for Public Streets Recently Accepted by the Town Serving New Developments (O-1).
f.	Amendment to the 2003-2005 Council Liaison and Committee Assignments (R-5).
g.	Budget Ordinance Amendment regarding Orange County Charges for Conducting the November 2003 Election (O-2).
h.	Award of Bid for Lease-Purchase of Vehicle and Computer Replacements for the 2003-2004 Fiscal Year (R-6).
i.	Ordinance to Amend Budget for the Town Operations Center (O-3, O-4).
j.	Budget Ordinance Amendment regarding Pooled Projects for the Percent for Art Plan (O-5, O-6).
k.	Correction of Annual Budget Amendment to Reappropriate Funds for Prior Year Encumbrances and Obligations (O-7).
l.	Authorization for Purchase of Ten Mobile Communications Terminals for the Police Department (O-7.1).

This the 12^th day of January, 2004.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2004-01-12/R-2)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Old Chapel Hill Cemetery Task Force

Rebecca S. Clarke

Catherine A. Frank

Marguerite Hutchins

Esther A. McCauley

Steven R. Moore

Margaret C. Pfaff

Julian H. Raney

Martin J. Rody

Faison T. Sessoms

Catherine B. Williams

This the 12^th day of January, 2004.

A RESOLUTION ACCEPTING THE CABLE CONSULTANT’S REPORT AND FINDING TIME WARNER CABLE’S PROPOSED 2004 BASIC SERVICE TIER RATES TO BE ACCURATELY CALCULATED ACCORDING TO FCC RULES AND REGULATIONS (2004-01-12/R-3)

WHEREAS, Time Warner Cable submitted Federal Communications Commission (FCC) Form 1240 updating maximum permitted rates for regulated cable services; and

WHEREAS, Time Warner submitted FCC Form 1205, determining regulated equipment and installation costs; and

WHEREAS, the Town of Chapel Hill is certified with the FCC to regulate Basic Service Tier rates provided by Time Warner Cable in franchise NC-0234; and

WHEREAS, the Town’s cablevision consultants have reviewed the rates and have determined that they are accurately calculated according to the rules of the FCC;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the cable consultant’s report and finds Time Warner Cable’s proposed 2004 Basic Service Tier rates to be accurately calculated according to FCC rules and regulations.

This the 12^th day of January, 2004.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING UPGRADING THE TOWN’S TRAFFIC SIGNAL SYSTEM SOFTWARE (2004-01-12/R-4)

WHEREAS, the Town and the State have a mutual interest in the efficient and effective operation of traffic signals within the Municipalities of Chapel Hill and Carrboro; and

WHEREAS, the Town and the State propose upgrading the existing traffic signal system software; and

WHEREAS, the project costs would be shared by the State and the Town in accordance with the approved agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to execute on behalf of the Town an agreement with the North Carolina Department of Transportation regarding traffic signal system software upgrades.

BE IT FURTHER RESOLVED that the Council authorizes the Manager use up to $10,000 of 2003-2004 CIP funds for the Town’s share of the project costs.

This the 12^th day of January, 2004.

AN ORDINANCE AMENDING SECTION 21-11 AND 21-13 OF THE CODE OF ORDINANCES REGARDING SPEED REGULATIONS AND RIGHT-OF-WAY AND STOP REGULATIONS (2004-01-12/O-1)

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

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

“Buckner Lane

Driskel Court

Faison Road from Cul-De-Sac to Buckner Lane

Gurnsey Trail

Old Barn Lane

Old Franklin Grove Drive

Pinehurst Drive

Sprunt Street

Village Gate Drive

Weaver Mine Trail from West Barbee Chapel Road to Parkridge Avenue”

Section 2. Section 21-13 (a) of the Town Code “Right-of-way and stop regulations.” Is hereby amended by adding the following, in alphabetical order:

“Through Streets Stop Streets

Faison Road Buckner Lane

Meadowmont Lane Sprunt Street

Milton Avenue Village Gate Drive

Old Barn Lane Gurnsey Trail

Old Barn Lane Sprunt Street

Pinehurst Drive Driskel Court

Pinehurst Drive Faison Road

Pinehurst Drive Gurnsey Trail

Sprunt Street Weaver Mine Trail

Village Gate Drive Old Franklin Grove Drive (east and west)

Weaver Mine Trail Buckner Lane

West Barbee Chapel Road Old Barn Lane

West Barbee Chapel Road Weaver Mine Trail”

Section 3. This ordinance shall become effective upon adoption.

This the 12^th day of January, 2004.

A RESOLUTION AMENDING THE 2003-2005 COUNICL LIAISON AND COMMITTEE ASSIGNMENTS ADOPTED ON DECEMBER 8, 2003 (2004-01-12/R-5)

2003-2005 Council Liaison and Committee Assignments

Bicycle and Pedestrian Advisory Board................................................................................. Jim Ward

Board of Adjustment.............................................................................................................. Cam Hill

Chapel Hill Museum.................................................................................................. Dorothy Verkerk

Chapel Hill Public Arts Commission........................................................................ Mark Kleinschmidt

Public Art Review Committee for Expansion of the Public Library.............................. Jim Ward

Public Art Review Committee for Green Infrastructure........................................... Ed Harrison

Public Art Review Committee for Homestead Park Aquatic Park.......................... Sally Greene

Public Art Review Committee for IFC Shelter............................................. Mark Kleinschmidt

Public Art Review Committee for Southern Community Park..................................... Bill Strom

Public Art Review Committee for Town Operations Center......................................... Cam Hill

Chapel Hill Township Park and Educational Campus

Master Plan Work Group.................................................................................... Bill Strom, Jim Ward

Citizen’s Committee to Study Traffic Issues on Weaver Dairy Road............................................. None

Community Design Commission.............................................................................................. Cam Hill

Council Committees:

To Consider Development Options for Parking

Lots 2 and 5................................................................................... Sally Greene, Ed Harrison,

Mark Kleinschmidt, Dorothy Verkerk,

Bill Strom, Jim Ward

Energy, Environment, and Sustainability.................................................................... Bill Strom,

Dorothy Verkerk, Jim Ward

Facilities Naming Committee........................ Sally Greene, Bill Strom, Jim Ward, Edith Wiggins

Firefighters’ Relief Fund...................................................................................... Edith Wiggins

Montessori School Committee................................................................... Mark Kleinschmidt,

Dorothy Verkerk, Edith Wiggins

Orange Water and Sewer Authority (Interview Committee)........................................ Cam Hill,

Bill Strom, Jim Ward

Students Seats on Town Adv. Boards................. Mark Kleinschmidt, Jim Ward, Edith Wiggins

Council on Sustainable Community (Chamber of Commerce).................................. Mark Kleinschmidt

Durham/Chapel Hill/Orange Work Group......................................................... Ed Harrison, Bill Strom

Greene Tract Work Group................................................................................. Kevin Foy, Bill Strom

Greenways Commission........................................................................................................ Bill Strom

Historic District Commission............................................................................................. Sally Greene

Horace Williams Citizen’s Committee..................................... Cam Hill, Mark Kleinschmidt, Bill Strom

Horace Williams Planning Advisory Committee..................................................... Bill Strom, Jim Ward

Housing and Community Development Advisory Board..................................................... Sally Greene

Human Services Advisory Board............................................................................ Mark Kleinschmidt

Intergovernmental Parks Work Group.................................................................. Bill Strom, Jim Ward

(Alternate) Kevin Foy

International Council for Local Environmental Initiatives.............................................. Dorothy Verkerk

(Alternate) Jim Ward

Joint Orange-Chatham Community Action (JOCCA)....................................................... Edith Wiggins

Library Board of Trustees..................................................................................................... Jim Ward

Library Foundation Board..................................................................................................... Jim Ward

Mayor’s Committees:

Campaign Finance........................................... Ed Harrison, Mark Kleinschmidt, Edith Wiggins

Council Communications......................................................... Dorothy Verkerk, Edith Wiggins

Downtown Development......................................................................................... Kevin Foy

UNC Development............................................................................ Bill Strom, Edith Wiggins

Metropolitan Coalition......................................................................................................... Kevin Foy

Million Solar Roofs Initiative Steering Committee..................................................... Mark Kleinschmidt

Northside Conservation District Advisory Committee........................................................ Sally Greene

Old Chapel Hill Cemetery Task Force....................................................................... Dorothy Verkerk

Orange-Chatham Work Group............................................................................................... Cam Hill

Orange Community Housing and Land Trust.................................................................... Edith Wiggins

Orange County Animal Shelter Operations Task Force.......................................................... Bill Strom

Orange County Homestead Road/High School Road Task Force.............. Jim Ward, Dorothy Verkerk

Orange County Soccer Symposium Task Force.................................................................... Jim Ward

Orange County Visitor's Bureau Board of Directors......................................................... Edith Wiggins

Parks and Recreation Commission.......................................................................................... Cam Hill

Personnel Appeals Committee......................................................................................... Edith Wiggins

Planning Board................................................................................................................. Sally Greene

Public Transit Committee.................................................................... Dorothy Verkerk, Edith Wiggins

Schools and Land Use Council...................................................................... Jim Ward, Edith Wiggins

Stormwater Utility Advisory Committee................................................................................ Bill Strom

TTA Board of Trustees......................................................................................................... Bill Strom

TTA Fixed Guideway Advisory Group.................................................................................. Bill Strom

Technology Committee........................................................................................... Mark Kleinschmidt

Town Operations Center Design Advisory Committee..................................................... Entire Council

Transportation Advisory Committee for the Durham-Chapel Hill

Urbanized Area .......................................................................................... Kevin Foy, Ed Harrison

Transportation Board........................................................................................................ Ed Harrison

Triangle J Council of Governments.......................................... Cam Hill, (Alternate) Mark Kleinschmidt

University Arts Common Committee.......................................................................... Dorothy Verkerk

This the 12^th day of January, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-01-12/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003, be and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Town Manager/Clerk	100,811	6,150		106,961

ARTICLE II

REVENUES	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Contingency	43,338		6,150	37,188

This the 12^th day of January, 2004.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE LEASE-PURCHASE CONTRACTS FOR VEHICLE AND COMPUTER EQUIPMENT REPLACEMENT PURCHASES FOR THE 2003-2004 FISCAL YEAR (2004-01-12/R-6)

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the financing of a variety of vehicles and computer equipment for various departments; and

WHEREAS, First Citizens Bank offers the lowest total interest cost of 2.10% for the three-year term for the purchase of vehicles totaling $228,000 and computer equipment totaling $190,000; and

WHEREAS, RBC Centura offers the lowest total interest cost of 2.79% for the seven-year term for the purchase of vehicles totaling $800,100;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with First Citizens Bank on behalf of the Town for the financing of vehicles and computer equipment totaling $418,000 at a fixed interest cost of 2.10% for a three-year term with total principal, interest and fees cost of $433,695.20, and to enter into a contract with RBC Centura on behalf of the Town for the financing of additional vehicles totaling $800,100 with a fixed interest rate of 2.79% for a seven-year term with total principal and interest cost of $886,671.52.

BE IT FURTHER RESOLVED that the aforesaid contracts by and between the Town of Chapel Hill, various State contract and other vendors, First Citizens Bank and RBC Centura, together with the amounts to be paid thereunder, be 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 12^th day of January, 2004.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR RENOVATIONS AND IMPROVEMENTS TO PUBLIC WORKS FACILITIES FUNDED FROM 1996 BONDS (2004-01-12/O-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 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

SECTION IV

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.

This the 12th day of January, 2004.

AN ORDINANCE TO AMEND THE CAPITAL PROJECT ORDINANCE FOR A NEW TRANSPORTATION OPERATIONS CENTER (2004-01-12/O-4)

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 is hereby amended as follows.

SECTION I

Funds available for this project include local contributions from the Town’s Transportation Capital Reserve Fund, grants and agreements from the Federal Transit Administration, and potential proceeds from debt financing agreements.

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 grant agreements executed with the Federal Transit Administration and the funds appropriated herein.

SECTION III

SECTION IV

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

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 12^th day of January, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-01-12/O-5)

This the 12^th day of January, 2004.

AN ORDINANCE TO AMEND THE CAPITAL PROJECT ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2004-01-12/O-6)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General 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

SECTION III

SECTION IV

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 12^th day of January, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-01-12/O-7)

This the 12^th day of January, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-01-12/O-7.1)

This the 12^th day of January, 2004.

Item 5 - Information Items

a. Report on Fire Station #5 Energy Utilization.

b. Update on the Rental Licensing Program.

c. Update on Numbers of Minority Supervisors.

Council Member Strom removed 5a, Report on Fire Station #5 Energy Utilization. The Council agreed by consensus to discuss this item at this time.

Joyce Brown, a former member of the former task force that had developed Chapel Hill's energy ordinance, asked the Council to send a copy of the Manager's report on Fire Station #5 Energy Utilization to former task force members and welcome their comments. She also urged the Council to seek information from other energy experts about computer models and other means of assessing compliance of Fire Station #5 with the 30% requirement section of the ordinance. Ms. Brown urged Council members to also ask the Million Solar Roofs Committee to review the Manager's report and provide comments before action is taken.

Ms. Brown acknowledged the importance of not causing too much delay, but urged Council members to utilize citizens who had been, and currently were, working on the issue of energy in Town buildings. She noted that some of those citizens were nationally recognized energy experts. Ms. Brown cautioned the Council against revising the ordinance until a more thorough examination of its implementation related to Fire Station #5 had been investigated.

Council Member Strom urged Council members to proceed confidently into the enormous period of construction ahead and to do their best to have successful, high performance construction occur.

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

Council Member Verkerk assured Ms. Brown that she and other members of the Sustainability Energy, and Environment Committee (SEEC) were committed to working closely with the Million Solar Roofs Committee.

Council Member Harrison verified that Ms. Brown had asked that the report be sent to the original energy task force but had not asked that the task force be reconvened at this time.

Council Member Kleinschmidt determined that the Council would entertain a petition to reconvene the task force if task force members so desired.

COUNCIL MEMBER STROM AMENDED HIS MOTION, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE SEEC COMMITTEE AND THE MILLION SOLAR ROOFS COMMITTEE, TO SEND A COPY OF THE REPORT TO FORMER MEMBERS OF THE ENERGY TASK FORCE, AND TO SEND A COPY TO CONSULTANTS FOR THE TOWN OPERATIONS CENTER FOR AN ANALYSIS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Remaining Information Reports were accepted by consensus of the Council.

Item 6 - Concept Plan: Proposed Upgrade and Expansion to Orange Water

and Sewer Authority Mason Farm Wastewater Treatment Facility

Mayor Foy reminded Council members and the public that a concept plan is a very preliminary one that comes forward before there has been virtually any staff review. It provides an opportunity to make changes early in the process, he said. Mr. Horton stated that there had been no staff review of this plan and that the staff was going out of the normal order by scheduling it at a Council business meeting. He explained that staff members were sympathetic to Orange Water and Sewer Authority’s (OWASA) need to meet its challenging schedule and were doing all they could to assist with it.

Town Planning Director Roger Waldon explained that the Council had granted expedited status to this application for modification of its previously approved Special Use Permit (SUP). He indicated the wastewater treatment plant on a map and recommended that Council members adopt a resolution forwarding all of tonight's proceedings to the applicant for consideration in the SUP application that they plan to submit to the Council in February.

OWASA Director of Planning and Engineering Imtiaz Ahmad presented OWASA's plan to expand its wastewater treatment plant from 12 million gallons to 14.5 million gallons capacity. He introduced Jay Fulmer of Brown and Caldwell, who said that the current plant could be out of capacity by 2006. The larger plant would take three years to construct, he said, stressing the importance of getting started soon. Mr. Fulmer stated that increasing demand, better water quality, reuse capabilities and improved reliability were the reasons for expansion.

Mr. Fulmer displayed slides of existing site conditions and characterized the surrounding area as largely undeveloped, with the exception of Highland Woods and Hunts Reserve. The N.C. Botanical Gardens and the UNC Finley Golf Course border the site, he said, and UNC's Wastewater Research Center was located there as well. Mr. Fulmer outlined the proposed upgrades and explained that there would be more odor control and visual camouflage after the changes. He described the property as congested and pointed out that it was in the Resource Conservation District and the Watershed Protection District and had little room to expand. Mr. Fulmer concluded that the project would provide needed capacity, improved water quality, and the ability to implement a reuse system.

Highland Woods resident Judson Van Wyk complained about a foul odor emanating from the current treatment plant. He said that he and his neighbors had repeatedly complained to OWASA about the smell and that OWASA's Walter Godchalk had been very cooperative but the odor had not been abated. Mr. Van Wyk told Council members that canopies could be used to absorb hydrogen sulfide and other noxious fumes. He emphasized that Highland Woods residents' wellbeing was dependent on OWASA improving the air quality.

Highland Woods resident Alice Ingram requested that the plan for expansion be stopped until OWASA's "exported stink-smell" had been nearly eliminated from Highland Woods, the N.C. Botanical Garden, the Ronald McDonald House, Morgan Creek, UNC Finley Golf Course, and the UNC Reserve. Ms. Ingram said the problem was years old and seemed to be in the same category as the hog smells east of Chapel Hill, which State courts had ruled to be a trespass that must be corrected. There was no reason why OWASA could not take the first step tomorrow in replacing the covers on the digesters, she said. Ms. Ingram noted that a Council-appointed committee could verify this work.

Ms. Ingram implied that the expansion was intended to serve Carolina North, since other growth in Chapel Hill had nearly ended. She commented that of all the problems the Council has on its hands, "the stink" might be the easiest to fix. The Town could begin the process this evening by making an ironclad agreement with OWASA that the needed repairs would be done in a most timely fashion with the smell to be almost eliminated, Ms. Ingram said, adding that she understood that it could never be totally eliminated. Then, if the neighborhood finds that satisfactory, the expansion could proceed, she said.

Highland Woods resident Peg Parker read from a 2002 OWASA status report, which said that in the next four years OWASA would install new covers on two of the four digesters and seal existing covers on the other two digesters to minimize or prevent foul air from escaping. Pointing out that this had not yet taken place, Ms. Parker expressed hope that it would be completed earlier than four years from 2002. She also read from a March 2003 OWASA status report that stated design work on the covers would be complete by "this winter." Ms. Parker asked Council members to address the issue of odor soon and in as complete a fashion as possible

Council Member Verkerk noted that she and Mayor Foy also live in a neighborhood with bad odors coming from a substation. She asked for a comment from OWASA on how they would address the issue. Mr. Ahmad replied that OWASA had initiated a thorough study in late 2002, which was completed in March/April of 2003. The study examined all of the odors being generated by the plant and initiated the improvement project to which some had referred, he said. Mr. Ahmad told Council members that two of the digester covers would be replaced and that there would be improvements made in the roofing material of others. He explained that digesters run in a series and only one can be taken out of service at a time for improvements. If all the permits were received, then they would begin in April 2004 and be done with improvements within 18 months, Mr. Ahmad said.

Council Member Hill asked if the problem had grown worse. Acting Town Finance Director Kay Johnson, speaking as a 12-year resident of Highland Woods Road, said that things had been better during the time that OWASA hired a person to monitor the odor. Citizens could call that person when the odor was bad, she said. But, Ms. Johnson said, the odor during the last six months had been "pretty terrible" with the Christmas period being "especially egregious."

Mayor Foy asked OWASA engineers if it was possible to do something relatively soon, since OWASA had in the past been able to depress the odor level quickly. He noted that OWASA officials would have to respond to this complaint since they were proposing an expansion that would have more potential impact on this neighborhood. Mr. Ahmad agreed to look into interim measures and bring that information back to the Council.

Council Member Hill asked what causes the fluctuation in odor. Mr. Ahmad replied that he was not an expert in this area but that there was a correlation to the seasons, weather conditions, time of day, and so forth. It is complex, he said, with a great number of variables. Mr. Hill remarked that OWASA had been able to reduce odors when they wanted to after receiving phone calls from citizens.

Mayor pro tem Wiggins asked for more information on changes that would "help the odor problem," as Mr. Fulmer had stated in his presentation. On a scale of ten to one, she asked, would the odor be diminished to a seven or a two if it were now categorized as a ten? Mr. Ahmad replied that the plan was to solve the greatest source of odor, which is in the scrubber area. That will be improved within 30 days, he said, but improving the digesters would take some time. Mr. Ahmad told Council members that improving the two greatest sources of odor, plus making some additional smaller improvements, should "tremendously" reduce the odor problem. OWASA will be hitting at the heart of the odor problem, Mr. Ahmad said, but he repeated that it would take 18 months after construction begins to do so.

Council Member Harrison pointed out that OWASA was better able to respond to public needs than many other agencies. This project could qualify as a public necessity, he said. Council Member Harrison explained that he frequently bicycles in that area. He agreed with Ms. Johnson that the odor had been striking in the last six to eight months. Council Member Harrison also agreed with citizens that the problem was worth discussing again. He said that he had confidence that OWASA could address it. Mr. Ahmad expressed appreciation for those comments and said that OWASA would work hard to maintain the Council's confidence and trust.

Council Member Kleinschmidt verified that OWASA was in the process of installing aluminum covers on existing basins but was waiting for connecting parts to complete the process. He asked that the notification area for citizens be expanded to 2,000 feet in this case, so that other affected neighborhoods could be included. Mr. Horton replied that the notification distance was specified by ordinance but that an applicant could voluntary extend it. Mr. Ahmad stated that OWASA had a database of all complaints and consistently notifies all of those citizens. Council Member Kleinschmidt asked if OWASA would extend an invitation to comment to those in The Reserve area, the Kings Mill neighborhood, and the fraternity houses at Finley. Mr. Ahmad agreed to do so for the public hearing in February.

Council Member Ward asked what the next step would be if there were still complaints after the 30-day and 18-month improvements. Mr. Ahmad replied that there were about 10 repair items on OWASA's list and that OWASA was approaching them in order of priority. He explained that covering all of the smaller processors would hinder them from being able to effectively monitor the treatment plant. OWASA officials were confident that there would be a major reduction in odor by the $3.5 million steps that they plan to take within 18 months, Mr. Ahmad said. Council Member Ward commented that expense could not be an argument for not remedying an objectionable, chronic community issue. But, he acknowledged that Mr. Ahmad had not implied that. Mr. Ahmad stressed that OWASA's approach was one of responsiveness to customers.

Council Member Ward verified that the 24-hour number for citizens to call goes directly to the water treatment plant operator. He took issue with Mr. Fulmer's description of the area as "undeveloped." It was a fully developed neighborhood within which OWASA resides, Council Member Ward said, pointing out that the area includes a botanical garden, a golf course, and a research area.

Mayor pro tem Wiggins ascertained that OWASA planned to address three of the ten or so sources of odor. She asked if those three would remove 80-90 percent of the smell. Mr. Ahmad replied that he was not in a position to answer that but that he thought it was a good estimate. He offered to bring an answer back to the Council, and Mayor pro tem Wiggins said that such information would help people understand what was being proposed.

Mr. Van Wyk stated that OWASA was planning to substitute ultraviolet radiation for the chlorination of wastes. He inquired about the effect of that on odor. He also asked about the possibility of using a blower system to run fumes through an absorbent such as charcoal to remove odors before they were released into the environment. Mr. Ahmad replied that ultraviolet radiation would be used to disinfect water in an area that had already been treated and did not emit odors. He said that the new covers would store gases and put them back into the process to run a methane engine that runs blowers in the aeration basins. There would be no emission of odor during that process, Mr. Ahmad said.

Council Member Greene commended the Community Design Commission's (CDC) report to the applicant. She noted, in particular, a comment about the probable increase in traffic after OWASA's expansion. Council Member Greene also asked how OWASA was addressing the CDC's concern about the berm being breached during floods and how they were addressing the new floodplain maps.

Mr. Ahmad replied that the expansion plan did not include an increase in staff, so OWASA did not anticipate any significant increase in traffic. With respect to the floodplain, he said, OWASA was planning to protect the facility with higher elevation walls. Even if the maps were revised, that should not affect them, Mr. Ahmad said.

Council Member Harrison asked if the bypass channel would remain as it is. Mr. Ahmad replied that OWASA would not impact it. Council Member Harrison asked if OWASA wanted to keep that open. Mr. Ahmad explained that they had considered eliminating it but had decided to maintain the status quo because of the Army Corps of Engineers permitting requirements.

Council Member Harrison inquired about environmental mitigation with this project. Mr. Fulmer explained that there was not much room for mitigation inside the berm. OWASA was planning to use "level spreaders" outside the berm, he said, adding that this would disperse water. Council Member Harrison expressed interest in seeing that part of OWASA's wetlands permit, and Mr. Fulmer stated that it would be included in the stormwater impact statement.

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

A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR THE MASON FARM WASTEWATER TREATMENT FACILITY (2004-01-12/R-7)

WHEREAS, a Concept Plan has been submitted for review by the Council of the Town of Chapel Hill, for the Orange Water and Sewer Authority Mason Farm Wastewater Treatment Facility; and

WHEREAS, the Council has heard presentations from the applicant, the Community Design Commission, and citizens; and

WHEREAS, the Council has discussed the proposal, with Council members offering reactions and suggestions;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council transmits comments to the applicant regarding this proposal, as expressed by Council members during discussion on January 12, 2004, and reflected in minutes of that meeting.

This the 12^th day of January, 2004.

Item 7 - Response to Petition from Affordable Rentals, Inc.

Regarding a Request for Funding

Mayor Foy explained that Affordable Rentals had asked for $20,000, and that the Manager had recommended advancing $10,000 from the Town's Contingency Fund. Mayor Foy commented that the Town probably could advance more, if needed, at a later date.

Council Member Strom disclosed that he was an Affordable Rentals board member and asked to be recused from voting even though there would be no personal gain for him in this matter.

Council Member Harrison commended Council Member Strom for being on the Affordable Rentals board.

COUNCIL MEMBERS AGREED BY CONSENSUS TO RECUSE COUNCIL MEMBER STROM FROM VOTING ON THIS ISSUE.

Council Member Ward inquired about efforts Affordable Rentals. Inc. had made to solicit funds from Carrboro and Orange County. He understood that there had been a private contribution, he said, and he described $10,000 from the Town as generous. Affordable Rentals, Inc. Board President Nancy Milio explained that they had no housing outside of Chapel Hill and Carrboro. Their petition was also before the Carrboro Board of Aldermen, she said, but she added that she did not expect to receive more than one or two thousand dollars from Carrboro. Ms. Milio noted that Affordable Rentals, Inc. did expect to receive a private contribution of three to five thousand dollars. So, from her point of view, a $10,000 award from Chapel Hill would not be overdoing it, she said. Ms. Milio told Council members that Affordable Rentals would go to their donor foundation this week. She hoped the contribution from Chapel Hill would put them back on the road to self-sufficiency, she said.

Council Member Ward stressed that he was supportive of Affordable Rentals, but was merely wondering how well placed they were financially to take on more responsibility as they accrue more and more rental properties. Ms. Milio explained that they must hire a full time director. They were just at the cusp of either making it or not making it, she said, when they suddenly lost their operating funds. Ms. Milio expressed confidence that Affordable Rentals, Inc. could succeed. But they need staff to do so, she pointed out.

Council Member Ward asked if this would be Affordable Rentals' last request for funds. Ms. Milio replied that she hoped so but that the answer would depend on many things coming together. Council Member Ward emphasized that his questions should not be viewed as antagonistic. He was very supportive of the efforts, he said.

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

A RESOLUTION TO PROVIDE $10,000 TO AFFORDABLE RENTALS, INCORPORATED FOR OPERATING EXPENSES (2004-01-12/R-8)

WHEREAS, on November 24, 2003 Affordable Rentals requested that the Council provide $20,000 to the organization to fill a funding gap; and

WHEREAS, Affordable Rentals is working to meet the goals of the Comprehensive Plan and the Consolidated Plan to provide housing to very low-income households;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council allocates $10,000 from the Council’s contingency account in the General Fund to Affordable Rentals, Inc. for operating expenses for January through June 2004.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to enter into a Performance Agreement with Affordable Rentals for use of these funds.

This the 12^th day of January, 2004.

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ENACT O-8. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-01-12/O-8)

This the 12^th day of January, 2004.

Item 8 - Options for Meters and Pay Stations for On-Street Parking

Mr. Horton explained that management of the parking operation had recently been transferred to the Finance Department. He introduced Acting Finance Director Kay Johnson to make a brief report.

Ms. Johnson proposed that the cost of operating pay stations rather than meters for non-street parking would exceed the amount of revenue the Town could obtain, not counting operating and maintenance costs for the stations themselves. With regard to using smart cards, she explained that the machinery for distributing them would cost about $2,000 if placed at the parking deck. Ms. Johnson remarked that it seemed unlikely that people would go to the parking deck to get a card to replace cash to use at metered parking. Also, the stations that could be used on the streets without an attendant would cost about $8,000, she said.

Council Member Strom thanked the staff for staying with this project, which he had been pushing for some time. He verified that it would cost $3.00 to convert a parking meter to accept a Smart Card, that the meter would still accept change, and that it would cost $2,000 to get some type of distribution system at the parking lot. So, for less than $3,000, the Town could convert a Smart Card option for paying meters, he said. Ms. Johnson agreed, but noted that there would also be the cost of the card itself: $2.00 for a disposable card and $4.00 for a reusable one. Council Member Strom noted that those would be part of the sales costs. But, for less than $3,000 this would be a terrific opportunity for the Council to create a tremendous amount of additional flexibility for people to use the meter system in Town, he said. Council Member Strom described it as "a deal we can't refuse" and urged the Council to proceed with it.

Mayor Foy determined from Ms. Johnson that people could use a credit card for on-street parking only if there was a pay station rather than meters there. Ms. Johnson replied that a credit card could not be put into one of the Town's meters. Mayor Foy asked why a Smart Card could be used but not a credit card. Town Supervisor for Parking Brenda Jones explained that meters cannot connect to verify the authenticity of credit cards.

Council Member Ward ascertained from Ms. Johnson that the Town could obtain Smart Cards that would work in Parking Lot 5. Ms. Johnson said they would only work in Parking Lot 5, except for the $20 cards that will work in both the parking lot and at meters. This is because of the proprietary nature of the system in Parking Lot 5, Ms. Johnson explained. Council Member Ward asked if there would be a time when the Town would be free of that. Ms. Johnson offered to look into that, but noted that the Town had only recently purchased and installed the pay stations at Parking Lot 5. The Town could get out of the maintenance agreement after a year's period, she said, and she agreed to see what alternatives other companies offer.

Council Member Kleinschmidt determined that the pay stations in Parking Lot 5 could be moved to Parking Lot 3 if the Town so desired. Mr. Horton spoke in favor of allowing a period of experimentation before determining whether or not to invest in that, however. It was worth pursuing, he said, but advised Council members to give the staff a little more time to see how the first one works out. Council Member Kleinschmidt stated that he had always viewed Lot 3 as more appropriate because there was only one way in and out on foot, which could pass the pay station. He noted that his concerns would be best brought up again during budget 2005 deliberations.

Council Member Verkerk asked if using pay stations at a larger deck would make it less expensive. Ms. Johnson pointed out that this was one of the two elements of the cost/benefit relationship. Council Member Verkerk wondered how changing all of Downtown would affect the numbers. Ms. Johnson agreed to look into that, but Mr. Horton stated that "Kay is being generous with her time, of which she has none." He added that he would be remiss if he did not point out how challenging it would be for the staff to do much work on this at this time of year.

Council Member Strom described pay stations as a low-impact option that would be perfectly consistent with the Town's efforts to deal with concerns about Downtown. One simple distribution place for Smart Cards could provide gifts to customers as “stocking stuffers”, he said, adding that he could see himself buying a $20 parking card rather than using change. Council Member Strom asked what a reasonable expectation for carrying this out would be, describing the idea as one of significant value of the Town. Council Member Strom noted that the initial purchase of a $4 renewable card would provide 16 hours of parking for $20. After that, it would provide 20 hours of parking for $20.

Council Member Kleinschmidt inquired about the possibility of merchants buying and distributing cards. Mr. Horton replied that doing so would be complicated because of audit and contractual requirements that would elevate the project to a daunting level given the Town's resources. Council Member Kleinschmidt mentioned several benefits to having cards usable at the deck as well. Mr. Horton agreed to investigate the cost of that.

Mayor Foy asked how many Council members would like the staff to bring back some type of implementation plan for Smart Cards. All Council members raised their hands, with the exception of Mayor pro tem Wiggins, who agreed after determining that citizens would still be able to use coins.

Downtown Commission Member Linda Convissor asked that merchants and business owners be part of any conversation on this issue. Mr. Horton summarized that the Council wanted the staff to do something fast and reasonable, which does not cost a lot of money, and to report back to the Council quickly. And, Mr. Horton added, to keep other option open for consideration.

Council Member Strom verified that the Town could have both disposable and renewable cards in the system. He also noted that there could be a distribution system of fixed cards around Town and rechargeable cards at one location at the parking deck. Mr. Horton added, though, that if that meant the Council wanted the staff to seek out vendors to sell cards it really would raise the level of complication considerably and the Town did not have the staff to do that. Council Member Strom stressed the importance of this, and Mr. Horton offered to bring back a proposal for contracting the work out.

Mayor Foy suggested that the Council wait and see what comes back from the Manager.

Council Member Greene agreed with Ms. Convissor that the Downtown merchants should be involved in any brainstorming session on how to make this work.

Item 9 - Response to Petition regarding Student

Positions on Town Boards and Commissions

Mr. Horton said that the key point in a report from the Town Clerk was a recommendation to refer the matter to a Council committee to develop recommendations if the Council wishes to consider changes in committee composition and appointment policies.

UNC Student Government representative Michael McSwain stated that UNC provides education and opportunity for self-discovery but that the opportunity to understand citizenship comes from the Town. He encouraged Council members to make use of any opportunity to engage students. Mr. McSwain asked that the Council become role models for students and that they increase the Town-student relationship.

UNC Student Body Secretary Frances Ferris, who submitted the petition, explained that her proposal had not been meant as a definitive plan for increasing student involvement. It was just a series of ideas for encouraging students to become more involved in politics, she said.

Mayor Foy spoke in favor of the staff recommendation to form a Council committee to address this issue.

Mayor pro tem Wiggins agreed, and suggested that two or three Council members develop a committee charge and composition for consideration by the full Council. Council Members Wiggins, Kleinschmidt and Ward agreed to work together on that proposal.

COUNCIL MEMBERS AGREED BY CONSENSUS TO THE FORMING OF A COUNCIL COMMITTEE WITH COUNCIL MEMBERS WIGGINS, KLEINSCHMIDT, AND WARD, TO BRING BACK A PROPOSED CHARGE AND COMPOSITION FOR THE COUNCIL’S CONSIDERATION.

Item 10 - Appointments:

a. Old Chapel Hill Cemetery Task Force.

The Council appointed Rebecca Clark, Catherine Frank, Steven Moore, Faison Sessoms, and Catherine Williams to the Old Chapel Hill Cemetery Task Force. Mayor Foy noted that Council Member Verkerk was the previously appointed representative.

Council Members

Old Chapel Hill Cemetery

Task Force

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Rebecca Clark (former Task Force member)

Catherine Frank

Marguerite Hutchins (plot owner)

Esther McCauley

Steven Moore

Margaret Pfaff

Julian Raney (family interred; non-resident)

Martin Rody

Faison Sessoms

Catherine Williams (neighborhood resident)

The meeting adjourned at 9:50 p.m.