Agenda - 05-21-1997 - 10d - Laserfiche WebLink

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3 MEMORANDUM TO: County Commissioners John Link, County Manager FROM: Paul Thames,PE, County Engineer DATE: May 15, 1997 SUBJECT: Town of Chapel Hill Energy Policy and Energy Ordinance/Resolution The Chapel Hill Citizens' Energy Task Force was created by the Chapel Hill Town Council in February 1992. It was charged with preparing a specific plan to upgrade Town buildings with energy efficient lighting. The charge of the task force was later expanded to include making recommendations to the Council with regard to other measures that could promote energy efficiency and the use of renewable energy. In September 1995, the task force recommended that the Town adopt a proposed Town Energy Policy applicable to all new and existing Town buildings. The proposed policy was referred to the Town Manager and staff for review. During the time period between September 1995 and January 1997, the task force and Town staff worked to reach a consensus on a recommendation for the Energy Policy. The policy document resulting from this consensus was presented to the Chapel Hill Town Council at its 3 March 1997 meeting at which time it was adopted. During the time frame in which the Energy Policy was being developed and approved, the Energy Task Force was working to create an Energy Conservation Ordinance which was also intended to be applicable to all new and existing Town buildings. The purpose of the ordinance was to require(insofar as Town Council-imposed financial constraints and investment payback standards would allow)that buildings built or substantially renovated by the Town itself be built in the most environmentally sound manner and incorporate the most up-to-date energy efficient technology. The proposed ordinance was presented to the Chapel Hill Town Council in November 1996. The Council referred the proposed ordinance to the Town Manager and Town Attorney for review and scheduled a public hearing. In February 1997, the Town Manager and Attorney reported back to the Town Council with a number of recommended changes to the task force recommendations. Most of the recommended changes were incorporated into the language of task force's recommended ordinance. However, there were three recommended changes to which the task force took exception: 1)Town staff recommended that a resolution be used in lieu of an ordinance to accomplish energy conservation goals; 2) staff recommended that the Town's existing consultant selection policy be used to chose an architect in lieu of the task force recommendation that it be allowed to choose one member of the consultant selection committee; and 3) Town staff recommended that the Town Manager be responsible for monitoring and reporting a new or renovated building's energy efficiency performance to the Town Council in lieu of the task force recommendation to require the project architect to monitor and report on the energy efficiency. Perhaps the most critical of these differences was the use of an ordinance or a resolution to achieve energy goals. Town staff, particularly the Town Attorney, contended that the Town could be putting Town staff, selection committee members and elected officials at risk of a criminal charge if the Town failed to select a consultant with the best energy efficient design credentials or otherwise failed inadvertently to comply with the terms of the ordinance. At its meeting of 12 May 1997, the Chapel Hill adopted the proposed Energy Conservation Ordinance with minor revisions to the language of the ordinance. A text of the ordinance with the revisions is not available as of this writing.