SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, NOVEMBER 8, 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, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Urban Forester Curtis Brooks, Principal Long Range Planner Gordon Sutherland, Traffic Engineer Kumar Neppalli, Parking Services Superintendent Brenda Jones, Senior Long Range Planning Coordinator Chris Berndt, Engineering Director George Small, Finance Director Kay Johnson, and Town Clerk Joyce Smith.

Item 1 - Ceremony: Recognition of Alternative Sentencing Program

Executive Director Joyce Kuhn provided background on the Alternative Sentencing Program. She informed the Council about recommendations for sanctions that would be more than probation but less than imprisonment. Ms. Kuhn said that the program had been well received. Judges appreciate being provided with detailed recommendations and written punishment proposals, she pointed out. Ms. Kuhn explained that funding for the Program had increased and decreased over the 17 years that she had been working there. At present, there was only one staff person and herself, she said. Ms. Kuhn expressed appreciation to the Town for its support. She also thanked citizens, police officers, and the Program's board of directors.

Item 2 - Public Hearings and Forums

Item 2a. Public Forum on Recommendations from the Old Chapel Hill Cemetery Task Force.

Urban Forester Curtis Brooks reminded Council members that they had approved modifications to the UNC master plan in August 2003. As part of that approval, he stated, a joint committee of University of North Carolina at Chapel Hill (UNC) and Town of Chapel Hill citizens had been formed. Mr. Brooks noted that group had been charged with recommending how to spend $150,000 on Cemetery improvements. He explained that the Old Chapel Hill Cemetery Task Force had met five times and had developed a list of recommendations, which they presented to the Council in October 2004. After hearing the recommendations, Mr. Brooks said, Council members had requested tonight's public forum.

John Sanders, representing the Di and Phi Foundation, told Council members that the Foundation was proud of its heritage but did not have the resources to restore its Cemetery plot. When money had been granted to the Town to upgrade the Old Cemetery the Foundation had requested that $50,000 be used to restore the cast iron fences around that plot, he said. Mr. Sanders characterized those fences as the premier artifacts of the Old Cemetery. He noted that the Foundation had pledged $10,000 of its own funds, and asked the Town Council to accept the Task Force's recommendation.

Council Member Strom asked if the $10,000 pledge would be the first $10,000 or the last $10,000, if $50,000 does not cover the total cost. Mr. Sanders replied that the Foundation had pledged $10,000 to go along with the $50,000 on the assumption that $50,000 would not be enough. "So it's the last $10,000 in, if needed," Council Member Strom clarified.

Paul Kapp, a UNC appointee to the Task Force, explained that the Task Force had estimated the entire cost of restoration at $62,000. He pointed out that this was an estimate and not a bid.

Clark Tew, representing the Di and Phi Student Organization, told Council members that the 18 students who were members did not have the funds to invest in such a large project. He said that Organization dues were their only source of income for activities and membership drives.

Rebecca Clark, a Town appointee to the Task Force, stated that UNC had only completed half of a stone wall that they had promised to build during discussions of the Cobb Deck/Chiller Plant. UNC had completed the part on the front side of South Road, she said, but they had done anything on the lower side of the Black portion of the Cemetery. Ms. Clark said that some gravestones had disappeared and that many more had been broken over the past five months. There were sunken graves, she said, noting that people could trip over them even if the Town adds lighting to the area. Ms. Clark requested that the Town level those graves, plant grass, and try to straighten and secure some of the stones. Also, promises had been made eight years ago to put in a gutter that would keep water from running down into the Black portion of the Cemetery and causing erosion, she noted.

Steve Moore, a Town appointee to the Task Force, told Council members that he had long felt the Old Cemetery deserved more than just routine attention. Mr. Moore said he had petitioned the Town in January 2002 to form an advisory committee to look at some of the unique concerns at the Cemetery. The Council had turned his request down in March 2002, he said, because it felt that the 1987 master plan was adequate and that the Town staff would routinely attend to Cemetery needs.

Mr. Moore expressed concern about the Task Force's proposal. He noted that he had been the sole dissenting member with regard to the recommendation for $52,000 for historic preservation and restoration. Mr. Moore agreed that the Di and Phi plots should be preserved, but proposed that it was fundamentally wrong to give all of the historic preservation funds to that project while ignoring everything else. Such a one-time fund should be used fairly and equitably for the overall support of the Old Cemetery, he said.

Catherine Frank, Director of the Preservation Society of Chapel Hill and a Town appointee to the Task Force, explained that the Task Force had seen their charge as finding a way to spend $150,000 in a way that was consistent with the 1987 master plan. The Task Force believed it was important to make decisions and act quickly since plans had foundered in the past, she said. Ms. Frank explained that the Task Force had wanted to invest in projects that would make a clear and visible impact right away. She expressed hope that the markers and lighting could go forward as well as the proposal to improve records and publications. Ms. Frank also commented that the Historic District Commission would be a logical body to oversee the Old Cemetery. She asked the Town Council to consider that.

Paul Kapp stated that the Task Force had been looking at one-time opportunities to make a positive difference in the restoration, preservation and interpretation of the Cemetery and to make it safer for visitors. He described theirs as a balanced approach and said that the Di and Phi area was a key artifact of the Cemetery. Mr. Kapp urged the Council to help restore the iron fences.

Council Member Verkerk asked Mr. Kapp to inform the Council about a recent project of the UNC Black Student Movement. Mr. Kapp explained that the Black Student Movement had placed an historic roadside plaque on the southwest corner at South Road and Winston Hall. The plaque cites the historical significance of the African-American section of the Old Chapel Hill Cemetery, he said.

Landscape Architect Jill Coleman, a UNC-appointee to the Task Force, expressed full support for the recommendations. In reference to Ms. Clark's comments, Ms. Coleman said that landscape improvements and buffers would be completed after the chiller plant is built. She explained that UNC did not want to risk damaging those buffers during chiller plan construction. Ms. Coleman stated that the University was committed to completing the stone wall on all sides and was in the process of collecting stones for the section at Connor Dormitory.

Council Member Harrison inquired about a comment that Task Force Member Faison Sessoms had made at a previous hearing. Mr. Sessoms had said that the cast iron fences were the main reason why the Cemetery was in the National Register, he recalled. Mr. Kapp clarified that the Cemetery was an historic resource in its own right and was listed in the National Register of Historic Places. Council Member Harrison asked if there were particular elements that gave it that distinction. Mr. Kapp replied that the Di and Phi plots were significant due to their history and the craftsmanship of the iron fences and stone markers. Council Member Harrison determined that there were four or five elements that make the Old Cemetery significant on a national level. He confirmed that the African-American section and other fences and monuments were among those elements.

Mayor pro tem Wiggins asked the staff if the conditions that Ms. Clark had described could be corrected as part of the Town's ongoing maintenance of the Cemetery. Mr. Brooks replied that a certain amount of it could, such as leveling areas, filling in depressions, and reseeding. He noted that growing grass in a cemetery is challenging, however, because the area is so compacted and shady in parts. The Town had removed quite a few trees over the years because they had begun to uproot gravestones, he pointed out.

Mr. Brooks explained that restoring gutters and installing a new gutter was part of the Task Force's proposal. He noted, however, that no gutter existed on the westernmost path. A gutter in that location probably would capture some water and reduce the amount of erosion in that part of the Cemetery, he said. Mr. Brooks acknowledged that this was not on the list of recommendations. He offered to get a cost estimate for consideration, and estimated that it might cost $6,000 to $8,000.

Council Member Kleinschmidt pointed out that a gutter in that location had been a "category one" item in the Town's master plan. He wondered why it had not made it to the Committee's list when the cast iron fences, which were not a category one or two, did make it onto the list. Mr. Brooks replied that, except for Ms. Clark, the Take Force had been a new group of people. They had broken into subcommittees and had identified subsets of needs early on, he said. Mr. Brooks noted that those needs had included pedestrian-oriented projects, archival/public information, and historic preservation. What came forward were the things that those subcommittees felt were the highest priority, he said.

Council Member Kleinschmidt asked if the master plan had been part of the discussion. Mr. Brooks replied that the Task Force had reviewed it at the first meeting. But they had stated with a fresh look and had not gone through and discussed the priority order of the earlier recommendations, he said. Council Member Kleinschmidt recalled that the Council had been told at the last meeting that erosion was not a problem. Mr. Brooks replied that he had meant that the primary issue was tripping hazards. But, as noted tonight, there is one location where a gutter would have drainage implications, he said. Council Member Kleinschmidt noted that the location that Mr. Brooks was referring to had been a category one in the master plan.

Council Member Ward stated that he had been out of Town when this item had last been discussed. He was convinced of the need for timely restoration of the Di and Phi fences, he said. However, the fact that marker restoration was not proposed to get any attention from the $50,000 was "glaring," he said. Council Member Ward suggested that a lack of advocates for the more generalized needs had lead to this proposal. He encouraged the Council and Task Force to consider making a challenge grant for half of the cost of the Di and Phi fences. Then $25,000 could be used to address marker restorations, he pointed out.

Mayor pro tem Wiggins verified with Mr. Horton that the Town had invested in marker restoration in the past. She asked him to describe what had happened to those markers, and Mr. Horton replied that many of them had been broken again. Since the Cemetery is located on a college campus, maintaining markers will always be an ongoing expense, Mayor pro tem Wiggins pointed out.

Council Member Verkerk gave a short lecture on the history of art, the history of wrought iron in America, and the Di and Phi Societies' contribution to UNC. The iron fences are one of the oldest historic works of art that the Town has, she explained. Council Member Verkerk acknowledged that the grave markers had sentimental value, but said they were not artistically significant in the way that the Di and Phi fences were. She noted that historic preservation was highly specialized and very expensive. Council Member Verkerk asked the Council not to "diffuse" the money but to spend it on preserving something that it "really special" in Chapel Hill and in the State.

Council Member Hill agreed that restoring the iron fences would be an exciting proposition. It seemed like a perfect fundraising opportunity, he said. Council Member Hill proposed that it would be easy to raise funds, given the University's fundraising capacity and the Town's willingness to support such things. But it would not be easy to raise funds for gutters and stonewalls and landscaping, he pointed out. Council Member Hill proposed that the money, given as recompense for building the Cobb Deck and Chiller Plant, should be used to gird the Cemetery. He recommended holding off on spending until the Town understands what would best protect the Cemetery.

Council Member Greene expressed support for Council Member Ward's suggestion, noting that the minutes of the Task Force's meeting had mentioned a challenge grant. She expressed concern that the Committee had allocated very little or no money to important items from the master plan. Council Member Greene said that she understood the arguments, but was concerned about the priorities that were being set.

Mayor pro tem Wiggins stated that the greatest challenge to the Cemetery was its location, and not the Cobb Deck/Chiller Plant. It had been the Council's responsibility to mitigate the effects of the deck and plant during the permitting process, she said, adding that it was not the Task Force's obligation to do so now. Mayor pro tem Wiggins suggested sending Council comments back to the Task Force with recognition of the importance of the fence and with the expectation that the Manager and Mr. Brooks would develop a maintenance plan to improve the grave sites that Ms. Clark had mentioned. She proposed that additional funds for gutters come from the Town's capital improvements budget and that the Town ask the University to share that cost. Since the Black part of the cemetery was close to student dorms, really protecting it would mean putting a very high, locked fence around it, Mayor pro tem Wiggins stated.

Council Member Verkerk agreed to take tonight's discussion back to the Task Force. She asked for the Council's permission to also entertain Catherine Frank's proposal to turn responsibility for maintaining the Old Cemetery over to the Historic District Commission. Since there seemed to be a great deal of interest in marker restoration and fixing gutters, she recommended that Council members identify an amount that the Town should budget each year. Council Member Verkerk explained that the Task Force was hoping the addition of lighting would reduce vandalism. She wondered if the Town had any experienced with fundraising, noting that the Town owns the Cemetery.

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO RECEIVE AND REFER COMMENTS BACK TO THE OLD CHAPEL HILL CEMETERY TASK FORCE FOR FURTHER CONSIDERATION AND FOR FINAL RECOMMENDATIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

2b. Public Forum: Sidewalk and Bicycle Annual Construction Plan.

Mr. Horton explained this proposal for construction of a 2004-2005 sidewalk and bicycle construction plan. He noted that the staff had previously brought this item before the Council. Principal Long Range Planner Gordon Sutherland then outlined the preliminary recommendations for Town sidewalks and streets and for state-maintained streets where Town funds could be used as a local match to secure state funding. These recommendations had been shaped by the Bicycle and Pedestrian Action Plan, which had been adopted on October 27, 2004, Mr. Sutherland said. He recommended that the Council refer tonight's comments to the Transportation Board, the Bicycle and Pedestrian Advisory Board, the Active Living by Design Committee, and the Historic District Commission. The staff intended to return with a final plan for the Council's consideration on December 6, 2004, Mr. Sutherland said.

Mayor Foy mentioned a letter from a Northside homeowner who had objected to the proposed sidewalks on Lindsay and McDade Streets. Mr. Sutherland replied that those streets were not in the preliminary recommendations but had been on a priority list in the Bike and Pedestrian Action Plan. He said that EmPOWERment Inc. would soon come before the Council with a proposal for recommendations in the Northside neighborhood.

Council Member Harrison ascertained that previous construction plans had included bicycle facilities. But this one was encompassing a greater scope from the Bike and Pedestrian Action Plan, he said.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO ADOPT R-1 TO REFER TO VARIOUS ADVISORY BOARDS AND BRING BACK TO THE COUNCIL ON DECEMBER 6, 2004. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING A PRELIMINARY 2004-2005 SIDEWALKS AND BICYCLE FACILITIES CONSTRUCTION PLAN TO ADVISORY BOARDS AND COMMISSIONS FOR COMMENT (2004-11-08/R-1)

WHEREAS, on November 8, 2004, the Council of the Town of Chapel Hill held a public forum on a preliminary 2004-2005 Sidewalks and Bicycle Facilities Construction Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council refers the preliminary 2004-2005 Sidewalks and Bicycle Facilities Construction Plan to the Chapel Hill Active Living by Design Partnership Advisory Board, the Bicycle and Pedestrian Advisory Board, the Historic District Commission, and the Transportation Board for comment, and to the Town Manager for a follow-up report to the Council at its December 6 meeting.

This the 8^th day of November, 2004.

2c. Public Hearing: Proposed Amendments to the Community Development Program Budget.

Senior Long Range Planning Coordinator Chris Berndt explained that the purpose of tonight's hearing was to receive citizen comments on possible uses of an extra $103,000 in Community Development funds. The staff’s preliminary recommendation was to budget that amount in a neighborhood revitalization activity for the year, she said.

Alvin Garner, speaking on behalf of residents of Rogers Road and Purefoy Drive, asked that some of the funds be used to bring sewer lines out to their area. He told Council members that sewer ran to many of the newer surrounding developments but that he and his neighbors had not yet received it. Mr. Garner stated that having Town sewer lines would enhance the area and would likely add to the Town’s tax base.

Pastor Alla McMillan, of the Faith Tabernacle Church located on Rogers Road, thanked the Town for bringing water to the area. She emphasized that they need sewer as well, however, and asked that some of the extra money be directed toward that. Pastor McMillan also wondered why transit did not run all the way down Rogers Road, noting that many senior citizens live there. She referred to an ongoing discussion about whether Rogers Road would become part of Carrboro or Chapel Hill and said that she prayed it would be Chapel Hill. Pastor McMillan also requested that the Town help provide a community center for the Black students in the neighborhood.

Mayor Foy verified with Mr. Horton that the staff report back to the Council would include a response to citizens' specific recommendations.

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

2d. Public Forum on Consideration of a Potential Change in Cablevision Public Access Fees.

Town Information Officer Catherine Lazorko explained that the current 72-cents per month per customer public access fee had generated about $113,000 for The Peoples Channel in the last fiscal year. The inflation factor had been 2.31, she said, noting that adjusting for this would mean increasing the fee to 74-cents. This would yield an additional $1,500 for the upcoming fiscal yea, she said. Ms. Lazorko explained that the purpose of tonight's forum was to receive public comment on the potential adjustment of this fee. She recommended that the Council refer comments to the Manager and Attorney to bring back a final recommendation on November 22, 2004.

The Peoples Channel Board Member Bob Gwyn provided some history on the channel, which was approaching its 10^th anniversary. He explained that the Town had remained firm with Time Warner Cable, explaining that Time Warner had not wanted to collect the community television fee and did not do so in other parts of North Carolina. The People’s Channel was reaching more people and had more producers than it did ten years ago, he said. Mr. Gwyn noted that the price of rent and utilities had increased and asked the Town to consider increasing the public access fee.

Peoples Channel Station Manager Chad Johnston said that he had never seen channel do so much with so little. He expressed amazement that the Peoples Channel's equipment was relatively up to date in spite of its limited budget. Mr. Johnston noted that the Channel was essentially a community center that offered technical courses and helped citizens and organizations to be part of the media. He pointed out that digital technologies were changing and that the Peoples Channel had reached a point where it needed to upgrade its equipment. A two-cent raise would be important to the station and to the Chapel Hill community as well, Mr. Johnston said.

Board Member Betty Jenkins told the Council that she had her own television show and was on the Peoples Channel Development Committee, which had been working hard to raise funds on their own. She produces the same program in Raleigh, she said. Ms. Jenkins pointed out that the Raleigh station had gone completely digital, something which Chapel Hill did not yet have. She thanked the Council for what it already had done and she emphasized that two additional cents would help. Ms. Jenkins also expressed support for her Rogers Road neighbors' request for Community Development funds for sewer.

Tony Beauchaine told Council members that he had come to the People’s Channel twice for training. He asked Council members to approve the requested fee increase.

William Nichols, who produces and directs the Orange County Board of County Commissioners show, told the Council that he and his crew must tear the equipment down, take it to the site, set it all back up again, shoot the meeting, tear the equipment down, go back to the studio, and set it all up again to produce the show. He was amazed that the Peoples Channel had done so much with so little, he said. Mr. Nichols pointed out that a small fee increase would help provide programming that is important to people and of a different sort.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER HILL, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY FOR A RECOMMENDATION BACK AT THE COUNCIL'S NEXT REGULAR BUSINESS MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 - Petitions by Citizens and Announcements by Council Members

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

3a(1). Scott Kovens, regarding modifying the SUP with regard to floor space of Franklin Grove (Item #5g).

Mr. Kovens stated that it was urgent that his request regarding floor area ratio be heard on November 15, 2004. At that time they would clarify the benefits of their petition, he said. Mr. Kovens explained that the project was at a point where construction would have to stop until this issue is heard and discussed.

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

3b. Petitions by Citizens on Items on the Agenda.

3b(1). Sunrise Coalition regarding Habitat for Humanity Expedited Review of SUP (Item #4g).

Sweeten Creek Road resident Steve Holdaway read a letter written by Doug Schworer. The letter reviewed the positions that the Sunrise Coalition had taken in opposition to the proposed Habitat for Humanity development. Mr. Holdaway said that a petition before the Council included 197 signatures, 46 from people on the north side of Interstate 40 and 151 from people on the south side. The Coalition supported Habitat and its mission, he said, but they oppose the proposed plan because the "timing and type of community they’re putting in here simply does not fit." Mr. Holdaway asked the Council not to expedite review of Habitat's proposal at this time.

Mayor Foy noted that Mr. Holdaway was referring to agenda item 4g. He suggested that the Council take it under advisement as it considers 4g.

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO CONSIDER MR. SCHWORER'S LETTER ALONG WITH ITEM 4G. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3c. Announcements by Council Members. None.

Item 4 - Consent Agenda

Council Member Harrison removed Item #4f, Lonebrook Drive Traffic Calming Measures.

Tremont Circle resident Eric Plow spoke against placing speed bumps on his street. Two traffic studies had indicated that Lonebrook Drive had neither excessive speed nor enough traffic to warrant any action by the Town, he said. Mr. Plow noted that the second study had shown no change in results after placing two stop signs in that location. He expressed surprise that the staff had recommended keeping the signs in place even after their own data had proven that the signs had no effect on speed and that no traffic-calming was necessary on Lonebrook Drive. Mr. Plow stated that these traffic-calming devices violated Town policy. They'd had no effect on traffic speed were making two intersections more dangerous, he said, and he urged the Council to adopt Resolution B.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-2 WITH 4F REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-11-08/R-2)

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

a.	Calling a Public Hearing Regarding the Hazard Mitigation Plan (R-3).
b.	Response to Petition to Study Possible Reimbursement of Stormwater Fees for Persons Covered by the Homestead Exemption Act (R-4) (O-1).
c.	Response to Petition Regarding Additional Benches along Town Greenways (O-2).
d.	Budget Amendment for Bond Funds (O-3, O-4, O-5, O-6).
e.	Salary Increase for Town Manager and Town Attorney (O-7).
f.	Removed.
g.	Request for Expedited Processing of Special Use Permit Application for the Sunrise Road Habitat for Humanity Subdivision (R-6).
h	Selection of Artist for the Aquatics Center at Homestead.
	(1) Recommendation to Council from the Chapel Hill Public Arts Commission.
	(2) Selection of Artist for Percent for Art Homestead Park Aquatic Project (R-7).
i.	Award of Bids for Security System for Park and Ride Lots (R-8).

This the 8^th day of November, 2004.

A RESOLUTION CALLING A PUBLIC HEARING ON THE TOWN OF CHAPEL HILL HAZARD MITIGATION PLAN 2004 (2004-11-08/R-3)

WHEREAS, the Council of the Town of Chapel Hill desires to remain eligible for State and Federal disaster relief and mitigation funds in the event of a declared disaster within or including the Town of Chapel Hill; and

WHEREAS, the Council recognizes the value of having a plan in place for identifying, prioritizing, and mitigating potential and real hazards that would affect Chapel Hill and its residents in the event of a disaster; and

WHEREAS, the Council adopted a Hazard Mitigation Plan in 2002 in accordance with the requirements of North Carolina Senate Bill 300; and

WHEREAS, revisions to the Town’s currently adopted Hazard Mitigation Plan are necessary in response to Federally mandated requirements of the Disaster Mitigation Act of 2000; and

WHEREAS, in order to remain eligible for State and federal disaster relief and mitigation funds, local governments must adopt a hazard mitigation plan that complies with the currently mandated requirements and the plan must be accepted by the Federal Emergency Management Agency; and

WHEREAS, prior to adoption by a local government, a Public Hearing must be held on a new or substantially revised Hazard Mitigation Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing at 7:00 p.m. on Monday, November 22, 2004, in the Council Chamber at Town Hall, 306 N. Columbia Street, Chapel Hill, North Carolina to receive public comment on the Town of Chapel Hill Hazard Mitigation Plan 2004.

This the 8^th day of November, 2004.

A RESOLUTION AUTHORIZING THE MANAGER TO INSTITUTE A STORMWATER FEE ASSISTANCE PROGRAM (2004-11-08/R-4)

WHEREAS, the Town has established a Stormwater fee; and

WHEREAS, the fee is a burden to low-income residents; and

WHEREAS, Orange County has established a fee assistance program for their recycling fee for low-income residents;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to establish a stormwater fee assistance program for households meeting the income, age and disability requirements of the Homestead Act, who are residents of the Town of Chapel Hill and who are applying for assistance on the primary residence.

This the 8^th day of November, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-11-08/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, 2004” as duly adopted on June 14, 2004 and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Contingency	30,666		(6,500)	24,166
Stormwater Assistance Program	0	6,500		6,500

ARTICLE II

REVENUES	Current Budget	Increase	Decrease	Revised Budget

STORMWATER MANAGEMENT FUND

Transfer from General Fund	0	6,500		6,500
Stormwater Management Fees	1,760,000		(6,500)	1,753,500

This the 8^th day of November, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-11-08/O-2)

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Contingency	24,166		(2,000)	22,166
Transfer to Capital Improvements Fund	872,000	2,000		874,000

CAPITAL IMPROVEMENT

PROGRAM FUND

1,819,779

2,000

1,821,779

ARTICLE II

REVENUES	Current Budget	Increase	Decrease	Revised Budget

CAPITAL IMPROVEMENT PROGRAM FUND

Transfer from General Fund	872,000	2,000		874,000

This the 8^th day of November, 2004.

AN ORDINANCE ESTABLISHING A CAPITAL PROJECTS ORDINANCE FOR STREETS FUNDED FROM 2003 BONDS (2004-11-08/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, that the following capital project is hereby established for Street Improvements funded from 2003 bonds approved by the voters in November 2003.

SECTION I

The capital projects as authorized by bond referenda approved in November 2003, and as determined by the Town Council, includes the capital costs of street improvements.

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 as follows:

Bond Proceeds $1,500,000

Amounts appropriated are for the project as follows:

Sidewalk Construction $ 600,000

Pedestrian Amenities 100,000

Neighborhood Traffic Calming and

Pedestrian and Bicycle Safety Improvements 300,000

Downtown Streetscape Improvements 500,000

TOTAL $1,500,000

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.

SECTION V

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

This the 8^th day of November, 2004.

AN ORDINANCE ESTABLISHING A CAPITAL PROJECTS ORDINANCE FOR LIBRARY FACILITIES FUNDED FROM 2003 BONDS (2004-11-08/O-4)

SECTION I

The capital projects as authorized by bond referenda approved in November 2003, and as determined by the Town Council, includes the capital costs of the addition and improvement to library facilities.

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 as follows:

Bond Proceeds $500,000

Amounts appropriated are for the project as follows:

Design and Planning Costs $500,000

SECTION IV

SECTION V

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

This the 8^th day of November, 2004.

AN ORDINANCE ESTABLISHING A CAPITAL PROJECTS ORDINANCE FOR PARKS AND RECREATION FACILITIES FUNDED FROM 2003 BONDS (2004-11-08/O-5)

SECTION I

The capital projects as authorized by bond referenda approved in November 2003, and as determined by the Town Council, includes the capital costs of parks and recreation improvements.

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 as follows:

Bond Proceeds $300,000

County Contribution 75,000

Amounts appropriated are for the project as follows:

Dry Creek Trail $125,000

Bolin Creek Trail (Phase 3) 175,000

Morgan Creek Trail 75,000

TOTAL $375,000

SECTION IV

SECTION V

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

This the 8^th day of November, 2004.

AN ORDINANCE ESTABLISHING A CAPITAL PROJECTS ORDINANCE FOR OPEN SPACE AND AREAS FUNDED FROM 2003 BONDS (2004-11-08/O-6)

SECTION I

The capital projects as authorized by bond referenda approved in November 2003, and as determined by the Town Council, includes the capital costs of open space and areas.

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 as follows:

Bond Proceeds $1,200,000

Amounts appropriated are for the project as follows:

Open Space and Areas $1,200,000

SECTION IV

SECTION V

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

This the 8^th day of November, 2004.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED 2004-10-12/O-6 (2004-11-08/O-7)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Ordinance Establishing a Position Classification and Pay Plan (2004-10-12/O-6) is amended as follows:

In Section IV, part B, under Elected and Appointed Officials, DELETE the lines

Position: No.

Town Manager 1 $135,807

Town Attorney 1 $123,461

and ADD the lines

Position: No.

Town Manager 1 $142,597

Town Attorney 1 $129,634

This Ordinance is effective October 2, 2004.

This the 8^th day of November, 2004.

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT APPLICATION FOR SUNRISE ROAD DEVELOPMENT (2004-11-08/R-6)

WHEREAS, the Town of Chapel Hill has received an oral petition for Sunrise Road Development requesting expedited processing of a Special Use Permit application seeking approval of construction of 50 affordable dwelling units; and

WHEREAS, the Town Council finds that there is a significant public purpose associated with development of this application;

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

This the 8^th day of November, 2004.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT ON BEHALF OF THE TOWN WITH RAY KING FOR PUBLIC ART AT THE HOMESTEAD PARK AQUATIC CENTER PROJECT (2004-11-08/R-7)

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

WHEREAS, the Town Council and the Orange County Board of Commissioners are planning for the development of the Homestead Park Aquatic Center; and

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute a contract with Ray King on behalf of the Town for a public art project at the planned Homestead Park Aquatic Center in the form of a mosaic in the facility’s main lobby.

BE IT FURTHER RESOLVED that 1% of the final adopted budget for the Homestead Park Aquatic Center project shall be allocated for public art project.

This the 8^th day of November, 2004.

A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE, INSTALLATION, AND MAINTENANCE OF DIGITAL SECURITY SYSTEMS (2004-11-08/R-8)

WHEREAS, the Council of the Town of Chapel Hill has solicited formal bids by legal notice on August 25, 2004, in accordance with G.S. 143-128.2 and 143-129 for purchase, installation and maintenance of digital security systems; and

WHEREAS, in accordance with the specifications, the following bids were received and opened on October 21, 2004:

Award

Vendor Name	Base Bid	Option 1 54 Lot	Option 2 Upgrade	Total
Prosys Information Systems	$101,927	-$11,735	Included	$90,192
Premier Commercial Security	$99,925	-$14,925	$10,500	$95,500
Electro Micro Security Systems	$113,150	None	None	$113,150

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a contract for the purchase, installation and maintenance of digital security systems in the amount of $90,192 be awarded to the low bidder Prosys Information Systems.

This the 8^th day of November, 2004.

With regard to Item #4f, Lonebrook Drive Traffic Calming Measures, Mayor Foy noted that two resolutions and an ordinance were involved.

Council Member Ward asked Town Traffic Engineer Kumar Neppalli to address the value of keeping stop signs in place when they have no significant impact on volume or speed. Mr. Neppalli explained that such a combination of speed humps and stop signs had been warranted under the Council's old policy. The Town was recommending leaving them in place to give both neighborhoods a chance to return to the Council and prove that theirs is a valid petition under the new policy, he said. Mr. Neppalli stated that removing the devices and then putting them back again would create confusion for motorists. So the staff was recommending leaving them in place until the neighborhood brings in a valid petition, he said.

Council Member Ward ascertained that the Council could set a time limit on this. He proposed an amendment to R-A, stipulating that if a valid petition for traffic calming were not received before April 1, 2005 then the stop signs would be taken down. Council Member Verkerk accepted that as a friendly amendment.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO ADOPT RESOLUTION R-5A, TO DEFER INSTALLATION OF SPEED HUMPS AND LEAVE STOP SIGNS, AS AMENDED BY COUNCIL MEMBER WARD TO SAY THAT STOP SIGNS WOULD BE REMOVED AND SPEED HUMPS WOULD NOT BE INSTALLED UNLESS A VALID PETITION REQUESTING THESE DEVICES IS RECEIVED BEFORE APRIL 1, 2005. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DEFERRING THE INSTALLATION OF SPEED HUMPS ON LONEBROOK DRIVE (2004-11-08/R-5a)

WHEREAS, the Council of the Town of Chapel Hill is concerned about vehicular and non-vehicular safety and mobility on Town streets; and

WHEREAS, the Council has received a petition opposing some elements of the traffic calming plan approved by the Council on January 27, 2003, involving Lonebrook Drive; and

WHEREAS, the Council directed the Manager to conduct follow-up traffic studies on Lonebrook Drive and to submit a report including analysis of the results of the traffic studies and recommendations for further action on the approved traffic calming plan; and

WHEREAS, Town staff conducted follow-up studies and the Manager presented a report and recommendations to the Council on April 26, 2004; and

WHEREAS, the Council adopted formal Traffic Calming Policy and Procedures on June 30, 2004; and

WHEREAS, the Council received a follow-up report from the Manager including discussion of the current Lonebrook Drive petitions relative to the requirements of the adopted Traffic Calming Policy and Procedures;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council defers further consideration of speed humps previously approved for installation on Lonebrook Drive until such time that the neighborhood submits a valid petition, prior to April 1, 2005, in accordance with the Council’s adopted Traffic Calming Policy and Procedures.

BE IT FURTHER RESOLVED that the Council requires receipt of a valid petition for traffic calming on Lonebrook Dive before April 1, 2005, or the existing stop signs will be removed.

BE IT FURTHER RESOLVED that the Council directs the Manager to inform interested property owners in the Lonebrook neighborhoods of the Council’s decision and to provide information to residents regarding the Council adopted Traffic Calming Policy and Procedures.

This the 8^th day of November, 2004.

Item 5 – Information Items

Council Member Verkerk removed Item #5f, Annexation of Various Neighborhoods.

Council Member Strom removed Item #5g, Franklin Grove Special Use Permit.

Council Member Harrison removed Item #5e, Petition from the Transportation Board regarding Prohibiting Left Turns from Access Road onto Old Durham Road at its Intersection with US 15-501.

THE COUNCIL ADOPTED RESOLUTION R-9B BY CONSENSUS.

A RESOLUTION ADJUSTING THE PUBLIC HEARING SCHEDULE FOR NOVEMBER 15, 2004 TO INCLUDE THE FRANKLIN GROVE DEVELOPMENT CONCEPT PLAN (2004-11-08/R-9b)

WHEREAS, the Town of Chapel Hill has received a petition for Franklin Grove Development requesting that the Franklin Grove Development Special Use Permit Modification Concept Plan be placed back on the November 15, 2004 Public hearing; and

WHEREAS, the Town Council finds that it would be desirable to adjust the Public Hearing schedule;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to place the Franklin Grove Development Concept Plan on the November 15, 2004 public hearing agenda.

BE IT FURTHER RESOLVED by the Town Council that the Franklin Grove developer is asked to provide, at the November 15, 2004 meeting, further information about the conditions of the Milton Avenue dwelling units sold to Orange Community Housing and Land Trust.

This the 8^th day of November, 2004.

With regard to Item #5e, Petition from the Transportation Board regarding Prohibiting Left Turns from Access Road onto Old Durham Road at its Intersection with US 15-501, Council Member Harrison described this as a "squirrelly" intersection with many safety issues. It regularly causes road rage, he said, and he encouraged the Council to devote some attention to it. Council Member Harrison also pointed out that Linda Convissor, who lives close to this intersection, had suggested to Town Traffic Engineer Kumar Neppalli that "Do Not Block Intersection" signs be posted there.

With regard to 5f, Annexation of Various Neighborhoods, the Council agreed to hear public comments. Mayor Foy reminded speakers that there were serious legal impediments to this issue.

Highlands resident Rick Faith said that every resident of his neighborhood had signed a petition asking the Council to annex them to the Town of Chapel Hill Chapel Hill. The Highlands and Highland Meadows residents feel that they belong in Chapel Hill rather than Carrboro, he said, adding that government officials are obliged to listen.

Sterlingbridge Road resident Tom Covalla encouraged the Council to find a way to honor his neighborhood’s petition to be annexed to Chapel Hill. The Town more closely represents his and his family's values, he said. Mr. Covalla stated that Carrboro’s leadership seemed to believe in force rather than choice. This does not represent his values, he remarked.

Highlands resident Mark Gill commented that the Town of Carrboro had been treating him and his neighbors as property rather than as people. The neighborhood had appealed to the State General Assembly for help resolving this problem, he said. Mr. Gill said that the ultimate resolution would require higher level intervention and independence from the parties involved.

Highlands resident Sharon Cook listed several reasons why her neighborhood should be annexed to Chapel Hill rather than Carrboro. She told Council members that she had sent that list to the Town Clerk. Ms. Cook said that joint planning and dual government might have looked good on paper many years ago, but it no longer was a cost-effective or appropriate way of meeting citizens’ needs.

Highlands resident Nancy Salmon questioned Carrboro rezoning tactics and described her neighborhood as a distant satellite of Carrboro, which Carrboro had maneuvered to exploit for its benefit. She said that The Highlands was a much closer fit with Chapel Hill and that the surrounding areas were destined to be part of Chapel Hill.

Highlands resident Brian Voyce criticized the way in which Carrboro had approached annexation. He described the approach as manipulative and timed to keep the issue of involuntary annexation out of the limelight during elections. Mr. Voyce said that this situation would demonstrate whether Carrboro truly believes in government of, for, and by the people. He told Council members that he and his neighbors would approach Carrboro as well regarding this issue.

Mayor Foy suggested referring comments and the petition to the Town of Carrboro.

Mayor pro tem Wiggins asked if Chapel Hill was willing to have a dialogue with Carrboro on this issue.

Council Member Verkerk recommended indicating that Chapel Hill was willing to discuss this with Carrboro. Council Member Kleinschmidt suggested waiting for Carrboro to extend a hand rather than reaching into Carrboro's jurisdiction and asking to talk. Council Member Verkerk suggested letting Carrboro know that Chapel Hill was available to talk if Carrboro wanted to, and Council Member Kleinschmidt agreed.

Council Member Greene asked Mr. Karpinos to summarize the legal hurdles, particularly with regard to the "prior jurisdiction rule." Mr. Karpinos explained that the prior jurisdiction rule was a court-established rule stating that the municipality that takes the first mandatory step toward annexation has the right to continue and annex the property. The municipality would have that right with respect to the any other jurisdiction that also sought to annex the property, he said.

Mr. Karpinos also explained that Carrboro had adopted a "resolution of intent," which is the first mandatory step toward annexation. He noted that the citizens' petition was for a satellite annexation, which this property would not qualify for since it is closer to Carrboro than Chapel Hill. Also, the two towns had a joint planning and joint annexation agreements, Mr. Karpinos pointed out. If Carrboro were to proceed with annexation then Chapel Hill would not be in a position to consider it, he explained. But, if Carrboro does not follow through on annexation then there would be opportunities to talk about other options, Mr. Karpinos said.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REFER COMMENTS AND OTHER MATERIAL REGARDING ANNEXATION TO THE CARRBORO BOARD OF ALDERMEN AND LET THEM KNOW THAT THE TOWN COUNCIL WAS OPEN TO DISCUSSION REGARDING THE ANNEXATION ISSUE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

With regard to an action that the Council had taken earlier in the meeting regarding the Stormwater Fee Assistance Program, Mayor pro tem Wiggins suggested that the Town Information Officer publicize the deadline, which was less than two months away. Mr. Horton agreed to send notices to all qualifying individuals.

Item 6 - Consideration of Proceeding with Request for Qualifications and

Request for Proposals for Downtown Economic Development Initiative

Mr. Horton stated that the Council had been working with Economic Development Consultant John Stainback on this initiative for a number of months. The Council had recently requested comment from the Downtown Economic Development Corporation, the Chamber of Commerce, the Downtown Commission, and the University of North Carolina at Chapel Hill (UNC), he explained. Mr. Horton said that Mr. Stainback and the Council had gained a better understanding of factors that negatively impact the figures, how the development might work, and what some of the key challenges are.

Senior Long Range Planning Coordinator Chris Berndt explained that the resolution before the Council would authorize Mr. Stainback to draft a request for qualifications and seek proposals from developers. She reviewed the process thus far, noting that the Council was determining the financial feasibility of the concepts and would move into soliciting proposals from developers. The staff was asking the Council to authorize Mr. Stainback to write draft requests for qualifications and proposals for the Council's consideration, said Ms. Berndt. She explained that the Council Committee would then review the draft and discuss design guidelines on November 22, 2004. On December 6, 2004, the Council would review the draft Request for Qualifications and consider whether or not to proceed, she said

Mr. Stainback presented a summary of the four-part budget and reviewed the costs of various components as well as the private/public division of those costs. He listed changes in the project and reviewed the implications of reducing development by 50%. Mr. Stainback concluded that the project would be financially feasible with that reduction, with the exception of the transit transfer center, which would need outside funding. He recommended that the Town solicit proposals from developers and that they proceed with the interview, evaluation and selection process for Phase I of Lot 5 and the Wallace Deck.

Mayor Foy asked Mr. Stainback to clarify the following on page 10 of the executive summary: "Assume that the RBC building would be demolished. The Town will not keep the garage. HKS needs to indicate whether keeping the RCB building would constitute an efficient garage." Mr. Stainback explained that the RCB building was a fairly nice one that might be saved if the garage could be designed with an efficient layout that would run around it. However, this was a brief thought that had not yet been followed up on, he said.

Mayor Foy asked Mr. Stainback to clarify Item 1 on page three of the executive summary, which read: "While we revised the finance models to reflect this directive, which is to have it be owner occupied, SPPRE remains concerned that this shift from 100% market rate rental to 100% condominium housing may reduce the number of proposals submitted by developers." Mr. Stainback explained that SPPRE had shifted the program to 100% owner-occupied to reflect Economic Research Associates' strong opinion that there was a demand for rental housing. However, he wanted to express his concern that there was no market demand study showing a significant demand for owner-occupied housing, he said. Mr. Stainback suggested letting the developer decide on the mix of rental and owner-occupied housing. Mayor Foy asked if that would mean up to 100% either way. Mr. Stainback replied that it would depend on what criteria the Council Committee on Rental Housing develops. He noted that they could stipulate a mix or they could leave it open.

Council Member Greene emphasized that the Council wanted its strong desire for a percentage of owner-occupied housing to be made clear in the request for proposals. That would alert developers that they should work hard to determine what kind of risk they want to take given their understanding of the market, she said.

Chamber of Commerce Associate Director Virginia Knapp expressed support fort the project and its potential for bringing development to downtown Chapel Hill. She said that the Chamber was encouraged by the way the Council had taken public comments seriously. Ms. Knapp encouraged Council members to keep data and information flowing to the public. She also asked them to encourage Mr. Stainback to send a request for quotations out to the community before December 6, 2004.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-9.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING PROCEEDING WITH DEVELOPMENT OF A DRAFT REQUEST FOR QUALIFICATIONS/REQUEST FOR PROPOSALS DOCUMENT FOR THE LOTS 2 AND 5 DEVELOPMENT PROJECT (2004-11-08/R-9.1)

WHEREAS, on June 14, 2004, the Council adopted a resolution outlining recommended development options to use as a conceptual guide by consultant John Stainback and the Council in determining the financial feasibility of the building program for Town Parking Lots 2 and 5 and the Wallace Parking Deck; and

WHEREAS, on June 14, 2004, the Council authorized proceeding with the financial feasibility analysis phase; and

WHEREAS, on August 25, 2004, the Council Committee on Lots 2 and 5 received the consultant’s initial report on financial feasibility and discussed potential scenarios for developing the sites; and

WHEREAS, on September 13, 2004, the Council Committee and Council reviewed Mr. Stainback’s revised draft financial feasibility report; and

WHEREAS, on September 13, 2004, September 27, and October 27, 2004, the Council held public forums on the Financial Feasibility Report and other project-related information, including review by the Downtown Economic Development Commission, the Downtown Commission, the Chamber of Commerce, and the University; and

WHEREAS, the Council has solicited additional public comment and review through public information meetings on November 4, and 5, 2004;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes its consultant, Stainback Public/Private Real Estate, Inc. to proceed with the development of draft Request for Qualifications and Request for Proposals documents for Council consideration on December 6, 2004, based on the Final Financial Feasibility Report submitted by Stainback Public/Private Real Estate on October 27, 2004, as modified on November 8, 2004, and on the Council’s building program authorized on June 14, 2004 (Resolution 2004-06-14/R-23a).

BE IT FURTHER RESOLVED that the Council authorizes Stainback Public/Private Real Estate to hire an architecture firm, at a cost not to exceed $1,500, to develop concepts for locating a potential bank building on Lot #5 for RBC.

This the 8^th day of November, 2004.

Item 7 - Follow-up Report on Traffic Issues on Cameron Avenue

Town Traffic Engineer Kumar Neppalli noted that a Council member had proposed R-10b in September 2004 and was being presented along with other options that already had been discussed. He said that R-10b was feasible, but would cost $20,000 and would mean re-striping all of Cameron Avenue, which would take about three months. Mr. Neppalli said that R-10b would also mean losing 40 parking spaces on the south side of Cameron Ave. It would reduce the problem of cyclists running into open car doors, he said, but the problem would still exist.

Mr. Neppalli pointed out that parking meters taken from Lot 5 could be used on Cameron Avenue. He noted, however, that the Council might want to install new meters that accept cash cards, and estimated that doing so would cost from $9,000 to 18,500. Mr. Neppalli stated that the staff continued to recommend that the Town install parking meters but not make any other changes on Cameron Avenue. If the Council did choose to install bike lanes, then the staff would recommend R-10b and O-9b, Mr. Neppalli said.

Chapel Hill resident Wayne Pein expressed support for the staff recommendation to leave Cameron Avenue as it is. He and his wife ride their bikes on Cameron Avenue five days a week, he said, and it is a very easy street to ride on whether there are parked cars or not. Mr. Pein asserted that the road was not dangerous, pointing out that the street is wide and that motor vehicle traffic moves slowly. Bike lanes "teach the culture of fear," he said, and he suggested that the Town foster a sense of community by placing "coexist" signs along the road instead. Mr. Pein submitted a rough drawing of such a sign.

George Cianciolo reported that the Transportation Board and the Bike and Pedestrian Board had recommended approval of Council Member Ward's compromise, R-10b. Citing a recently issued mobility report card, he noted that bicycling activity had been the Town's only negative score. Mr. Cianciolo said that there had been a 26% decrease in bicycle activity on Cameron Avenue between 2001 and 2003. The mobility report stated that these decreases were in the exact area where bicycle facilities were removed in 2002, he pointed out. Mr. Cianciolo suggested that the removal of facilities had made it less attractive to cyclists and probably was directly related to the drop in bicycle activity. He asked the Town Council to approve R-10b and O-9b.

Loren Hintz urged the Council to reinstate bike lanes on Cameron Avenue. It is an important link that connects Carrboro to other lanes and bike paths of the UNC campus, he said. Mr. Hintz expressed a personal preference for R-10c. But he supported R-10b as a compromise given the need for parking on Cameron Avenue, he said.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-10B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THE TOWN MANAGER TO RE-STRIPE AND SIGN CAMERON AVENUE BETWEEN MERRITT MILL ROAD AND PITTSBORO STREET TO ACCOMMODATE 5-FOOT WIDE BIKE LANES ON BOTH SIDES OF THE STREET, A 10-FOOT WIDE PARKING LANE WITH METERS ON THE NORTH SIDE OF THE STREET, A 12-FOOT WIDE TRAVEL LANE IN EACH DIRECTION, AND REMOVAL OF ON-STREET PARKING ON THE SOUTH SIDE OF THE STREET (2004-11-08/R-10b)

WHEREAS, the Council of the Town of Chapel Hill is interested in optimizing the operation of Cameron Avenue between Merritt Mill Road and Pittsboro Street for all users; and

WHEREAS, the Council has considered information on a variety of alternatives for modifying conditions and controls on Cameron Avenue between Merritt Mill Road and Pittsboro Street; and

WHEREAS, the Council has determined that certain changes could be made in the pavement striping and on-street parking on Cameron Avenue between Merritt Mill Road and Pittsboro Street without jeopardizing traffic operations; and

WHEREAS, the Council received recommendations from the Bicycle and Pedestrian Advisory Board and the Transportation Board regarding pavement striping and on-street parking on Cameron Avenue between Merritt Mill Road and Pittsboro Street;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to re-stripe and sign Cameron Avenue between Merritt Mill road and Pittsboro Street to accommodate 5-foot wide bike lanes on both sides of the street, a 10-foot wide parking lane with meters on the north side of the street, a 12-foot wide travel lane in each direction, and removal of on-street parking on south side of the street.

This the 8^th day of November, 2004.

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

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING BIKE LANE OVERLAY ZONES (2004-11-08/O-9b)

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

Section 1. Section 21-27.3 of the Town Code “Bike Lane Overlay Zones” is hereby amended by deleting the following:

“Street Side From To Time

~~Cameron Avenue~~ ~~South~~ ~~Graham Street~~ ~~Pittsboro Street~~ ~~7:00 a.m. – 9:45 a.m~~.

~~Monday – Friday~~

~~Cameron Avenue~~ ~~North~~ ~~Graham Street~~ ~~Fetzer Lane~~ ~~3:00 p.m. – 6:00 p.m.~~

~~Monday – Friday”~~

Section 2. Section 21-27 of the Town Code “No parking as to particular streets” is hereby amended by inserting the following therein, in appropriate alphabetical order:

“Street Side From To

Cameron Avenue South Graham Street Pittsboro Street”

Section 3. Section 21-29 of the Town Code “Parking meter zones” is hereby amended by adding the following:

“(14) Cameron Avenue, north side:

Four-hour parking from Merritt Mill Road to Pittsboro Street except existing no parking areas”

Section 4. This ordinance shall become effective February 15, 2005.

This the 8^th day of November, 2004.

Item 8 - Proposal for a Revised Budget Process, to Appoint

a Special Budget Committee and to Engage a Consultant to Advise

the Town Council and Town Manager on Budget Preparation

Mr. Horton summarized the Council's discussions regarding hiring a management consultant to review the Town budget process, service levels, and efficiency. He noted that the Council wished to form a Budget Review Advisory Committee to make recommendations and offer feedback to the consultant and the Council. Mr. Horton advised the Council to move quickly if it wishes to obtain the services of a consultant and a committee prior to deciding on this year's budget. He recommended seeking consulting services that include the following:

· Review the Town's budget process and recommend improvements that will make the process more effective and efficient.

· Compare Town service levels and costs with those of other municipalities in the Triangle and similar communities elsewhere.

· Evaluate Town services for opportunities to decrease costs and increase efficiency while maintaining effective services.

Mayor Foy recommended taking some action during tonight's meeting, noting that the request for proposals from consultants and for applications for the Committee would go out the next day.

Council Member Strom observed that the staff's second and third recommendations were what the Town really wanted, given the time constraints. He was not certain that the first recommendation was essential for the Town to achieve this year's goal of softening the potential tax increase. Council Member Strom proposed that reviewing the budget process would be a good idea but should not be the main charge this year.

Council Member Harrison commended the staff on the discussion section of their report, adding that he particularly liked the second recommendation. He expressed support for the staff's suggestions that all Council members participate in the Committee's work and that the Committee's charge includes representing and explaining community values and standards to the consultant.

Council Member Verkerk expressed concern about the timeframe that the Council was under and the pressure that would result from that. She said that the third recommendation was her top priority. The second recommendation seemed like a time-consuming process that could lead to the Town justifying things that should not be justified, she said.

Council Member Hill predicted that the process would take longer than the time being allotted for it. He suggested that the recommendations be prioritized in the reverse order. Council Member Hill wondered if the Council should state, when soliciting requests for proposals, that having an impact on next year's budget was the Council's primary concern. He proposed that the Town consider engaging the consultant beyond April, noting that information developed over the next five months would be very useful in a longer-term approach.

Council Member Strom remarked that the Town could always negotiate a broader scope later on and he emphasized the importance of keeping the focus on the upcoming budget cycle. Council Member Strom pointed out that the Manager's report was inconsistent regarding the proposed number of Council members on the Committee. He expressed concern that the Committee might lose its sharp focus if it does not include Council members.

Mayor Foy replied that all nine Council members could be appointed to serve if all nine wanted to do so. Mr. Horton remarked that it had been the staff's intent that all Council members would be free to join the Committee and participate in its work.

Mayor Foy said that the Council seemed interested in pursuing the third recommendation and deferring the other two.

Council Member Harrison commented that the second recommendation might be worth doing and might not be too time-consuming.

Council Member Hill commented that recommendation two seemed integral to recommendation one.

Council Member Ward agreed that the third recommendation was the most important one. But recommendation two should be a secondary part of it, he said.

Mayor Foy proposed making the last bullet first and saying "and for ancillary information also compare Town service level." Council members agreed, and Mr. Horton remarked that a good response from good consultants would reveal that they already have "benchmarking" information. That would assist the Council and would not cost a significant amount of time or money to obtain, he pointed out.

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-11, AS MODIFIED TO LIST BULLET #3 AS FIRST PRIORITY AND BULLET #2, REWORDED, AS SECOND PRIORITY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO ADVERTISE A REQUEST FOR PROPOSAL FOR SERVICES TO EVALUATE THE TOWN’S BUDGET PROCESS, SERVICE LEVELS AND COSTS AND MAKE RECOMMENDATIONS FOR IMPROVEMENTS; TO ESTABLISH THE CHARGE FOR AND COMPOSITION OF A BUDGET ADVISORY COMMITTEE; AND TO REVISE THE BUDGET CALENDAR FOR 2005 (2004-11-08/R-11)

WHEREAS, the Council desires to engage a management consultant to review the budget process, service levels, efficiency, and costs in order to make recommendations for improvements; and

WHEREAS, the Council desires to form a Budget Advisory Committee to advise the management consultant and to make recommendations on the budget process, service levels, efficiency, and costs; and

WHEREAS, the current budget calendar would need to be changed to accommodate the plan to use a management consultant and Committee to evaluate the budget process, service levels, efficiency and costs;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to advertise a request for proposal for consulting services. The services sought would include the following:

· Evaluate Town services for opportunities to decrease costs and increase efficiency while maintaining effective services; and

· Compare Town service levels and costs with those of other municipalities in the Triangle and similar communities elsewhere.

BE IT FURTHER RESOLVED that a Budget Review Advisory Committee be formed including 5 to 7 citizens and as many Council members as desired to:

· Represent and explain community values and standards to the consultant.

· Raise issues for consideration by the consultant.

· Provide feed-back to the consultant on proposals.

· Prepare a separate report providing feed-back to the Council on the consultant’s final report.

BE IT FURTHER RESOLVED that a schedule be established to adjust the current Council calendar to accommodate the use of a management consultant and the Budget Review Advisory Committee as follows:

Date	Step to be Taken
November 9	Begin advertisement of the Request for Proposal to organizations and firms listed in Attachment 2.
November 9	Begin recruitment of applicants for appointment to the Committee.
November 30	Deadline for submitting proposals.
December 6	Council nominates applicants for appointment to Committee.
December 6	Council appoints a Council Committee to evaluate proposals and recommend a consultant.
January 10, 2005	The Council appoints members of the Budget Review Advisory Committee and appoints a convener.
January 10	Council authorizes contract with consultant.
January 11	The contract is executed and consultant begins work.
January 18	Initial meeting with the Budget Review Advisory Committee.
January 18 and continuing	The consultant meets with staff to obtain operational and budget information.
January 26	Budget Public Forum conducted by Council as usual.
February and March	At least 3 additional meetings of the Budget Review Advisory Committee and the consultant are held.
March 15	Draft of consultant’s report is received by the Budget Review Advisory Committee.
April 6	Final report from the consultant and the Budget Review Advisory Committee are completed.
April 11	Presentations by the consultant and the Budget Review Advisory Committee are made to the Council.
May 9	Presentation of Manager’s Recommended Budget.
May 18	Budget Public Hearing.
June 27	Consideration of budget is made for adoption by the Council.

This the 8^th day of November, 2004.

Item 9 - Report from Council Committee on Sustainable, Environment and

Energy about Potential Amendments of Town Energy Ordinance

Mr. Heflin said that the Council Committee had been considering the Town's Energy Conservation Ordinance and had identified a number of issues and points of possible clarification and improvement. They had directed the staff to prepare a revised draft ordinance to address these issues, he said. Mr. Heflin outlined several of the Committee's suggestions, which included Town participation in the Leadership in Energy and Environmental Design (LEED) program and having new Town facilities of at least 5,000 square feet achieve at least a "silver" LEED certification. The Council Committee had also suggested that design and project management teams be required to have a LEED certified architect or engineer, and that a commissioning plan be required, he said.

Mr. Heflin noted that there were a number of ways to address these recommendations. The draft ordinance was one such approach, he said. Mr. Heflin said that the Council might want to consider which projects should require certification. He suggested that they address the cost associated with LEED certification, as well as whether to repeal the old ordinance or adopt a resolution to replace it by policy.

Mr. Heflin noted a question regarding whether or not the Town's Comprehensive Plan should be amended to endorse the LEED-based energy policy. The Council Committee's recommendation was that the Council schedule a public forum on the proposal in February and refer the draft to the Manager, Attorney and Town advisory boards for comment, he said. Mr. Heflin stated that the Committee had also recommended that the Council adopt the attached budget ordinance amendment, which would provide $500 to allow the Town to join the US Green Building Council.

Council Member Verkerk stated that the older ordinance had been too rigid. LEED is more appealing because it is more flexible, she said. Council Member Strom noted that the existing ordinance was geared to the State building code. He said that the incremental increase over the state's building code minimums was fairly arbitrary when you actually read the ordinance. This was a broadly known and accepted methodology, Council Member Strom pointed out. He agreed that the information was worth considering and worth moving to a public hearing.

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION SCHEDULING A PUBLIC FORUm ON PROPOSED REVISIONS TO THE TOWN’S ENERGY CONSERVATION ORDInANCE (2004-11-08/R-12)

WHEREAS, on May 12, 1997, the Council adopted ordinance Article VII: Energy Conservation in Design and Construction of New and Renovated Town Buildings requiring that Town-funded buildings achieve a goal of using at least 30 percent less energy usage than required by the State Building Codes; and

WHEREAS, the Council Committee on Sustainability, Energy and Environment desires to explore options for updating and revising the current ordinance; and

WHEREAS, the Committee has investigated Leadership in Energy and Environmental Design (LEED) certification process which allows for independent third-party review of Town projects based on U.S. Green Building Council standards; and

WHEREAS, on October 26, 2004, the Council Committee on Sustainability, Energy and Environment agreed by consent to recommend Council consideration of a revised Energy Conservation Ordinance establishing a LEED “silver” certification level for new Town facilities;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a public forum for February 21, 2005, on the proposal from the Council Committee on Sustainability, Energy and Environment to revise the Town’s Energy Conservation Ordinance to establish a Leadership in Energy and Environmental Design “silver” certification requirement for new Town facilities.

BE IT FURTHER RESOLVED that the Council refers the draft revised Energy Conservation Ordinance and the November 8, 2004, memorandum from the Council Committee on Sustainability, Energy and Environment to the Manager, Attorney and Town advisory boards with responsibilities for review of Town-constructed Facilities and the Solar Roofs Committee for comment.

This the 8^th day of November, 2004.

Council Member Verkerk thanked Mr. Heflin and Senior Planner Phil Hervey for "moving mountains quickly." She also thanked Miss Cindy Shea, of UNC, who provided much information on the issue.

Council Member Ward recognized UNC Energy Manager Ralph Taylor as well.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ENACT O-10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (04-09-12/O-10)

ARTICLE I
APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND
Contingency	22,166		(500)	21,666
Council	278,285	500	278,785

This the 8^th day of November, 2004.

Item 10 - Consideration of Revised Draft of the Council Procedures Manual

10a. Suggested Changes to Town Council Procedure Manual (Council Member Kleinschmidt).

Council Member Kleinschmidt pointed out that Council members had his written list of proposed alterations. He mentioned a Council action at the last meeting to take out "except in the case of urgency" and replace it with "absent a unanimous vote of Council petitions shall not be acted upon." This should also occur in the paragraph above the one noted, he pointed out.

Mayor Foy verified with Mr. Karpinos that the Council could incorporate any or all of Council Member Kleinschmidt's suggestions into the manual. He ascertained that there were no objections to including all of them.

Council Member Hill thanked Council Member Kleinschmidt for this effort.

10b. Updates to the Council Procedures Manual.

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-13, AS AMENDED BY COUNCIL MEMBER KLEINSCHMIDT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING THE UPDATES TO THE COUNCIL PROCEDURES MANUAL (2004-11-08/R-13)

WHEREAS, the Council has made significant revisions to the Council Procedures Manual since its last update and reprinting in 1999; and

WHEREAS, significant modifications have been adopted and inserted into the updated draft Council Procedures Manual as presented to the Council at its meeting on November 8, 2004;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the updated draft of the Council Procedures Manual as presented and amended at its meeting on November 8, 2004, and instructs the Town Clerk to reprint the updated Manual and distribute it to the Council.

This the 8^th day of November, 2004.

Item 11 - Appointments

11a. Human Services Advisory Board. The Council appointed Glenn Gerding.

Council Members

Human Services Advisory Board

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Glenn Gerding

Other

The meeting adjourned at 9:58 p.m.