Chapel Hill Town Seal

TOWN OF CHAPEL HILL
Town Council Business Meeting
Town Hall Council Chambers
405 Martin Luther King Blvd. , Chapel Hill NC
7:00 P.M., NOVEMBER 23, 2009

  Notice to people with impaired
hearing
Interpreter services and/or special equipment are available with five days prior notice. Please contact the Communications and Public Affairs Department at 968-2743 for services.
  Notice to
citizens who
wish to speak
Citizens may petition the Council regarding matters germane to Town policies or business but not appearing on the agenda at petition time. The Council strongly discourages petitions regarding a matter that recently has been, or soon will be before the Council as a public hearing item. Petition time is not intended to substitute for public hearings. As a courtesy to others, a citizen speaking on an agenda item or making a petition is normally limited to three minutes. Persons who are organizing a group presentation and who wish to speak beyond the three minute limit are requested to make prior arrangements through the Mayor’s Office by calling 968-2714. If you wish to address the Council this evening, please go to the front right corner of the Council Chamber and sign up with the Town Clerk. The Council may change the order in which agenda items are presented.
  Concept Plans Presentations for Concept Plans will be limited to 15 minutes.
  Attorneys If you are representing a person with an interest in a quasi-judicial proceeding on this agenda and believe you may wish to cross-examine a witness, please identify yourself as such to the Town Clerk. For the sake of maintaining an accurate public record all speakers must be prepared to speak into an amplified microphone and must provide their name to the Town Clerk.
  Agenda items
for review
Agenda items are generally available on the Town’s web site, www.townofchapelhill.org, by 12 noon on Friday before a Council meeting. Citizens may request copies of agenda items in the Communications and Public Affairs Office at 968-2743 or may view them at the Reference Desk in the Chapel Hill Public Library (100 Library Drive).
  Cablecast of
Council Meetings
Council meetings are cablecast live on Chapel Hill TV18, the cable government access channel, and via streaming video at www.townofchapelhill.org (see link to "Council Meeting Video"). Generally, the meetings also are rebroadcast throughout the week.

Additional materials were presented during the meeting.

Amended resolutions or ordinances are not currently available on-line, please contact Communications and Public Affairs for amendments.

  1. Opening
    1. Proclamation: Bill of Rights
      Received
  2. Public Forums and Hearings
  3. Petitions from the Public

    Petitions will not be acted upon at the time they are presented. It shall take a unanimous vote of the Council members present for a petition to be acted upon immediately upon its presentation. After receiving a petition, the Council shall, by simple motion, dispose of it as follows: consideration at a future regular meeting of the Council; or referral to another board or committee for study and report; or referral to the Town Manager for investigation and report; or receive for information. (Receiving does not imply approval, agreement, or consent.)

    1. Petitions from the Public.
      1. Caswell Road Pedestrian Safety.
        Received & Referred
      2. Campus-to-Campus Bicycle Connection.
        CCBC Presentation
        Received & Referred
      3. Deer Population within Chapel Hill.
        Received & Referred
      4. Veterans Memorial.
        Received & Referred
      5. Rob Stevens petition re: temporary one way Streets on Merritt Mill Road and Graham St.
        Referred

      RECOMMENDATIONS: That the Council consider the attached petitions.

  4. Announcements by Council Members
    1. Mayor pro tem Ward announced NCLM Green Challenge Recognition.
      Received
  5. Consent

    Items of a routine nature will be placed on the Consent Agenda to be voted on in a block. Any item may be removed from the Consent Agenda by request of the Mayor or any Council Member.

    1. Consent Agenda. (R-1)

      RECOMMENDATIONS: That the Council adopt the various resolutions and ordinances.

      R-1 Adopted as Amended

    2. Bids – Morgan Creek Trail Project. (R-2) (O-1a) (O-1b) (O-1c)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: That the Council adopt the attached resolution, which would authorize the Manager to negotiate and execute a contract with the lowest responsive bidder, Sullivan Eastern, Inc., in an amount not to exceed $1,216,812.10 for the construction of the Morgan Creek Trail, Phase I.

      The resolution would also authorize the Manager to work with NCDOT and/or the Federal Highway Administration to approve change orders in a method consistent with NCDOT and/or the Federal Highway Administration policy and procedures, but not to exceed the approved project budget without additional Council action.

      We also recommend that the Council enact the attached budget ordinances, which would transfer funds from the Dry Creek Trail project, the Bolin Creek Trail project, and Greenways Capital Improvement Program funds to the Morgan Creek Trail project. The ordinances would also allocate lease payments received for parking at Pritchard Park.

      R-2 Adopted, O-1a Enacted, O-1b Enacted, O-1c Enacted

    3. Response to Petition from Affordable Rentals Inc. Regarding Transfer of Properties to EmPOWERment, Inc. (R-3)

      Council Goal 3: Continue to Focus on Land Use, Transit and Development

      RECOMMENDATIONS: That the Council approve the transfer of this unit owned by Affordable Rentals, Inc. to EmPOWERment, Inc. and authorize the Town Manager and Town Attorney to review and execute the necessary documentation required for this transfer.

      R-3 Adopted

    4. Acceptance of FY 2009-2010 Project Safe Neighborhoods (PSN) Grant Funds. (R-4) (O-2)

      Council Goal 4: Maintain and Improve Community Facilities and Services

      RECOMMENDATIONS: That the Council adopt a resolution authorizing the acceptance of the Project Safe Neighborhoods grant funds and that the Council enact a budget ordinance amendment appropriating the PSN grant funds.

      R-4 Adopted, O-2 Enacted

    5. Acceptance of FY 2009-2010 Bullet Proof Vest Grant Funds. (R-5) (O-3)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: That the Council adopt a resolution authorizing the acceptance of the Bullet Proof Vest Partnership (BPVP) grant funds and that the Council enacts the attached budget ordinances amendment appropriating the BPVP grant funds.

      O-3 Enacted

    6. Transit Operator II Position Increase. (O-4)

      Council Goal 4: Maintain and Improve Community Faclities and Services

      RECOMMENDATIONS: That the Council amend the Town of Chapel Hill Budget Ordinance, Section 6. Classification and Pay Plan to add 9 Transit Operator II positions (Grade 29).

      O-4 Enacted

    7. Authorization of Award of Contracts for American Recovery and Reinvestment Act (ARRA) Projects. (R-6)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: That the Council adopt the attached resolution that would:

      1. Authorize the Town Manager to award contracts, total amount not to exceed $696,563, for the following projects funded by federal American Recovery and Reinvestment Act (ARRA) 2009.

        1. Pedestrian Safety Improvements along Martin Luther King Jr. Blvd. and selected locations.
        2. Sidewalk Construction: US 15-501/NC 54 (Manning Drive to Old Mason Farm Road).
        3. ADA ramps at selected locations.
        4. Raised crosswalks/traffic calming.
      2. Authorize the cancellation of bids for the proposed in-street pedestrian crosswalk lighting systems.

      3. Authorize the Town Manager to enter into agreement with a private engineering firm for construction engineering inspection services of these ARRA projects, and

      4. Authorize the Town Manager to use up to $67,000 of 2003 Sidewalk and Bond Funds for the ARRA projects if the NCDOT does not allow shifting of funds from one project to another project within the total allocated ARRA funding for Chapel Hill.

      5. Authorize the Town Manager to enter into any supplemental agreements with the NCDOT and Durham-Chapel Hill-Carrboro Metropolitan Planning Organization that are determined by the Manager to be necessary and appropriate to allow the redistribution of the funds awarded under the ARRA between projects approved by the Council as necessary based on any discrepancies that arise between cost estimates, actual bids, and project expense

      R-6 Adopted

    8. Authorization for the Manager to Execute an Interlocal Agreement with Orange Public Transportation for the Purchase of Two Light Transit Vehicles - ARRA. (R-7)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: That the Council approve the attached resolution authorizing the Manager to execute the agreement for the purchase of transit vehicles.

      R-7 Adopted

    9. Proposed Master Plan - Hollow Rock Access Area to the New Hope Preserve. (R-8)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: We recommend that the Council provide any initial comments concerning the Proposed Master Plan - Hollow Rock Access Area to the New Hope Preserve. In addition, we recommend that the Council adopt the attached resolution, which refers the report to the Greenways and Parks and Recreation Commissions for comments and recommendations.

      R-8 Adopted

    10. A Response to a Petition Concerning Several Traffic Engineering Matters in Southern Village. (O-5)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: That the Town Council enact the attached ordinance authorizing installation of all-way stop control at the intersection of Edgewater Circle and Graylyn Drive. Town staff will install the stop signs and high visibility crosswalks if approved. The Town will hire a private contractor to install the raised crosswalk on Aberdeen Drive.

      O-5 Enacted

    11. Approval of All-Way Stop Control at the Intersection of Leclair Street and Emory Drive. (O-6)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: That the Council enact the attached ordinance authorizing installation of all-way stop control at the intersection of Leclair Street and Emory Drive.

      O-6 Enacted

    12. Resolution Providing for the Sale of General Obligation Refunding Bonds. (R-9)

      Council Goal 5: Improving the Town's Fiscal Condition.

      RECOMMENDATIONS: That the Council adopt the resolution for the sale of refunding bonds.

      R-9 Adopted

    13. Budget Ordinance for Rental of Lincoln Gymnasium. (O-7)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: That the Council enact an ordinance that would allocate $60,000 to the Parks and Recreation Department’s operating budget from fund balance.

      O-7 Enacted

    14. Budget Ordinance for the Open Space Bond Fund. (O-8)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: We recommend that the Council enact the attached ordinance that would allocate $29,148 to the 2003 Open Space bond fund for the Bolin Creek Trail project.

      O-8 Enacted

    15. Areas Under Consideration for Possible Future Annexation (Part A) and Discussion of Areas Under Consideration for Annexation in 2010 (Part B). (R-10)

      RECOMMENDATIONS: That the Council adopt the attached resolution identifying areas for possible annexation. We do not recommend that the Town initiate any annexations in 2010.

      R-10 Adopted

    16. Recommendation of Justice In Action Committee regarding the United Nations Universal Declaration of Human Rights. (R-11)

      RECOMMENDATIONS: The Justice In Action Committee recommends that the Council adopt the resolution supporting United Nations Universal Declaration of Human Rights.

      R-11 Adopted

    17. Transit Fund Ordinance Amendment and Budget Carry Forward. (O-9)

      RECOMMENDATIONS: That Council enact the budget ordinance amendments and carry-forward the identified FY2008-09 grants.

      O-9 Enacted

    18. Council Vacancy.

      RECOMMENDATIONS: No action this evening would allow the process to move forward consistent with the decisions of the Council on November 9.

    19. Nominations to Various Boards and Committees. (R-12)

      RECOMMENDATIONS: That the Council adopt the resolution nominating applicants to various boards and committees.

      R-12 Adopted

  6. Information

    These items are reports or information for the Council.

    1. Community Home Trust Quarterly Report.

      RECOMMENDATIONS: We recommend that the Council receive the attached report.

      Received

    2. Implementation of the Approved Jordan Lake Nutrient Strategy Rules.

      RECOMMENDATIONS: That the Council accept the report describing the implementation of the approved Jordan Nutrient Strategy Rules.

      Received

  7. Discussion
    1. Continuation of a Public Hearing: Land Use Management Ordinance Text Amendment - Resource Conservation District Findings for a Variance. (O-10)

      1. Introduction and recommendation by the Manager
      2. Comments by citizens
      3. Comments and questions from the Mayor and Town Council
      4. Motion to adjourn hearing.

      PRESENTER: J.B. Culpepper, Planning Director.

      RECOMMENDATIONS: That the Council enact the Ordinance.

      O-10 Enacted

    2. Sustainable Community Visioning Task Force Status Update.

      PRESENTER: George Cianciolo, Chair, Sustainable Community Visioning Task Force.

      RECOMMENDATIONS: That the Council will receive the report.

      Received

    3. Comprehensive Annual Financial Report for FY 09.

      PRESENTER: Roger L. Stancil, Town Manager
      Kenneth C. Pennoyer, Director of Business Management.

      RECOMMENDATIONS: That the Council accept this report of the Town's Comprehensive Annual Financial Report for FY 09.

      Received

    4. Parks and Trails Assessment Report.

      PRESENTER: Butch Kisiah, Director Parks and Recreation.

      RECOMMENDATIONS: That the Council consider implementing a number of options to improve the condition of the Town’s parks and trails that would:

      1. Authorize the Manager to provide a proposal in the FY 10-11 budget that would develop a comprehensive master plan. We estimate that such a comprehensive master plan could cost about $140,000.

      2. Authorize the development of a financial plan for parks and recreation capital development, based on the proposed update of the comprehensive master plan.

      3. Increase the amount of funding in the parks and recreation maintenance operating budget for items such as contract mowing and repair work in the 2010 – 2011 fiscal year operating budget. We can bring specific recommendations to the Council during next year’s budget deliberations. Our preliminary estimate is that an increase in maintenance funding to meet our proposed objectives could be about $150,000 to $170,000.

      4. Increase the Small Parks section of the Capital Improvement Program to address small capital renovation projects within the parks and trails system. We will make specific recommendations to the Council during the 2010-11 CIP process. We believe an appropriate level of funding could be about $100,000 annually (current year’s funding is $60,000).

      R-13 Adopted as Amended

  8. Appointments
    1. Appointments to the Cemeteries Advisory Board.

      RECOMMENDATIONS: That the Council make an appointment to the Cemeteries Advisory Board.

      Appointments Made

  9. Petitions by the Mayor and Council Members
  10. Petitions by the Manager and Attorney
  11. Reserved for Discussion of Consent Agenda Items if Necessary
  12. Request for Closed Session Tto Discuss Property Acquisition, Personnel, and Litigation Matters