SUMMARY MINUTES OF A CLOSED SESSION
OF THE CHAPEL HILL TOWN COUNCIL
WEDNESDAY, JUNE 25, 2003, AT 10:30 P.M.
Mayor Foy called the Closed Session to order at 10:30 p.m.
Council members present were Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.
Council Member Flicka Bateman was absent, excused.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, and Town Clerk Joyce Smith.
Proposed Acquisition of the McCormick, Best Heirs, and Charles Best Properties
Ms. Loewenthal displayed a map showing property proposed for acquisition. She noted that the property is about 33.24 acres stretching north from Morgan Creek to Culbreth Road.
McCormick Property: Ms. Loewenthal said this property consists of 2 non-contiguous tracts that contain a total of 10.57 acres, both bounded to the north by Morgan Creek. One lot is directly south of Frank Porter Graham School and lot has a small Resource Conservation District (RCD) running through it as well as the RCD formed by Morgan Creek, she said. The other, Ms. Loewenthal noted, is located south of Kingswood Apartments. She stated that both lots are totally wooded except for a 68-foot Duke Power-cleared power easement, adding that both lots contain some steep slopes.
Ms. Loewenthal stated that in September 2001, the Council approved purchase of what was thought to be 12 acres for a lump sum of $189,000 from John McCormick. However, she stated, it became clear during preparation for closing that considerably more deed research was necessary. Ms. Loewenthal said we have an agreement with Mr. McCormick for a purchase price of $15,000 per acre based on a final survey, and with the seller paying 50% of the surveying and legal costs. She said Mr. McCormick’s share will amount to about $3,250. Ms. Loewenthal said the new price, based on 10.57 acres, would be $158,550.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO APPROVE THE PURCHASE OF THE MCCORMICK PROPERTY FOR $158,550. THE MOTION WAS ADOPTED UNANIMOUSLY.
Best Property: Ms. Loewenthal said these lots total 21.25 acres:
· Lot #1 fronts on Morgan Creek and has some of the best property from a scenic perspective. It lies directly south of Frank Porter Graham School.
· Lot #11 contains a mixture of steep slopes, some RCD, and some buildable property. We believe that when the Morgan Estates property is approved that a road will be stubbed out to the southernmost portion of Lot #11.
· Lots #2 and #9 have moderate to steep slopes and are completely wooded except for portions of the Duke Power easement. We would expect that when the final property off of Culbreth Road is developed that a road stub out would be provided to Lots #1, 2, and 9.
Ms. Loewenthal stated that the Best property is held in trust. She said that 15 heirs have been identified, all of whom must agree to the price and terms, and at this time we do not have signed agreements. But, Ms. Loewenthal stated, the family has orally agreed to a price of $19,900 per acre. We believe that if the Council wants to purchase this property, she said, we should move quickly while all of the heirs are in apparent agreement.
Charles Best Property: Ms. Loewenthal said that Charles Best, who is also one of the heirs mentioned above, owns a small parcel along Culbreth Road, abutting part of the Best property discussed above. She noted he has offered that 1.42-acre lot for sale to the Town for $37,500. If we do not accept this offer, Ms. Loewenthal stated, he would likely withdraw his support of the purchase describe above and force us to apportion the property, condemn it or give up on its acquisition. She noted that both would be long and expensive legal procedures.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO APPROVE PURCHASE OF THE BEST HEIRS PROPERTY FOR $19,900 PER ACRE, AND TO APPROVE PURCHASE OF THE CHARLES BEST PROPERTY FOR $26,408 PER ACRE. THE MOTION WAS ADOPTED UNANIMOUSLY.
Adjourned at 10:47 p.m.