SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, NOVEMBER 11, 2002, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Personnel Director Pam Eastwood, Finance Director Jim Baker, Fire Chief Dan Jones, Planning Director Roger Waldon, Traffic Engineer Kumar Neppalli, Senior Long Range Planning Coordinator Chris Berndt, Engineering Director George Small, Parking Services Superintendent Brenda Jones, Public Works Director Bruce Heflin, Urban Forester Curtis Brooks, Principal Planner Gene Poveromo, Recreation Planner Bill Webster and Town Clerk Joyce Smith.
Item 1—Ceremonies: None
Item 2— Public Forum: None
Item 3—Petitions by Citizens and Announcements by Council Members
1. Bill Steinway regarding Traffic Accidents on U.S. 15-501.
Mr. Steinway, owner of Steinway Gallery in Chapel Hill, stated that he had witnessed several traffic accidents in front of his business on Fordham Boulevard. These accidents were caused, in part, by the exit and entrance at Fordham Square, he said. Mr. Steinway explained that a row of trees obscure drivers' vision in that area but that the State had refused to cut them down. He recommended that the Town at least put up a warning sign letting people know that the entrance to Fordham Square is coming up and that cars will be coming out of that side street. Mr. Steinway suggested that the Council consult police reports to see how many auto accidents have occurred in that spot over the past few years.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
2. C. William Davis regarding Support for Construction of a Higher and Longer Bridge Over New Hope Creek between Mt. Moriah and Garrett Roads.
Mayor Foy noted that this issue had also come up at a recent Transportation Advisory Committee meeting. He said that this fragile habitat should be respected and that the bridge will be there indefinitely. Mayor Foy stated that there was much sentiment for spending the extra money on this project.
Council Member Harrison pointed out that he had given the Town Manager a copy of a similar resolution adopted by the City of Durham, which Chapel Hill might use as a guide.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3. Susan Levy of Habitat for Humanity regarding a Request for Funds to Purchase Land.
Susan Levy, Executive Director for Habitat for Humanity, asked the Town to participate in the purchase of a piece of property on Sunrise Road in Chapel Hill. The land will be developed for affordable housing with Habitat as the primary developer, she said. Ms. Levy explained that it was necessary to close the deal on the land in February. Habitat had been counting on Land Bank funds from Orange County, she said, but those funds will not come through early enough. Ms. Levy stated that Habitat had committed $100,000 toward the $400,000 purchase price and had approached both the Town and the County for funds. Orange County will consider Habitat's request on December 2nd, she said. She pointed out that there were only 12 single-family lots in Chapel Hill, with a waiting list of 400 people and the majority of those people work in Chapel Hill.
COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
4. Will Raymond regarding Street Light Problem on Mt. Bolus Road.
Mt. Bolus Road resident Will Raymond stated that the streetlight that the Town had reinstalled in front of his house has been reoriented to point toward his house. The bare bulb is visible, he said, and there is intense light trespass of 50 feet or more into his yard. Mr. Raymond said that this violates the 300-foot minimum spacing. He noted that his house was bracketed by two lights, with the new light being 157 feet from his property. Mr. Raymond proposed moving the light to restore the spacing as required by Town ordinances. The 40-foot buffer of woods would then block the light from his house, he said, adding that this would also lift the lights up and provide lighting for his neighbor, Ms. Crook, who had requested that. Mr. Raymond also asked that the Town use a full cutoff, shielded fixture.
Mr. Raymond noted that this was the fifth time over the last 3-1/2 years that he had come before the Council regarding this issue. He expressed dismay that the Town had not yet accommodated his simple request.
Council Member Bateman, describing this as a "neighbor versus neighbor" situation, confirmed with the Town Manager that nothing would be done without contacting the other neighbors as well.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
5. Joann Shirer-Mitchell, regarding the Last Bullet on Page Three of Item 4c.
Ms. Shirer-Mitchell requested that the last bullet on page three of Item 4c, Performance Agreement with the Chapel Hill-Carrboro Residents Council, be corrected to say "two applications" rather than "twelve applications." Town Manager Cal Horton explained that this was a typing error. He pointed out that page 10 of the resolution's attachment was correct.
Announcements by Council Members.
Council Member Kleinschmidt announced that the Triangle Transit Authority would hold a customer feedback session on November 2, 2002, in the Council Chamber and that all citizens were invited to attend.
Council Member Kleinschmidt announced that the Orange County Human Relations Commission was accepting nominations for the Pauli Murray Award. He encouraged all citizens to think about nominating someone for this award, which recognizes individuals, members of the youth community, and businesspeople who have worked to improve tolerance and acceptance for social justice. Council Member Kleinschmidt noted that nominations should be submitted before January 31, 2003.
Mayor Foy announced that the NC Department of Transportation would hold a public hearing regarding Weaver Dairy Road at 7:00 pm on November 14, 2002, at East Chapel Hill High School.
Item 4—Consent Agenda
Council Member Harrison noted that there was a line missing at the bottom of 4e, Consideration of On-Street Parking Restriction on Carver Street. Mr. Horton explained that the owner of several apartments had objected to the change, and apologized that the line had been omitted.
With regard to 4e and 4f, Parking on Mason Street, Council Member Ward inquired about the implications of enforcing parking restrictions on Carver and Mason Streets. Mr. Horton replied that doing so would take an insignificant amount of time. Council Member Ward verified that people would be satisfied with the change that there would be backup enforcement to go with it.
COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-11-11/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
4a. Nominations to various boards and commissions (R-2).
4b. Budget Amendment for Advertisements related to Open Letter to the Community (Land Use Management Ordinance) (O-1).
4c. Performance Agreement with the Chapel Hill-Carrboro Residents' Council.
4d. Acceptance of State Funds for Street and Drainage Improvements (R-4a); (R-4b).
4e. Consideration of On-Street Parking Restrictions on Carver Street (Manager recommends O-2a; Council may alternatively approve O-2b).
4f. Consideration of On-Street Parking Restrictions on Mason Street (O-3).
4g. Report on Petition regarding Traffic Concerns on West Rosemary Street (O-4).
4h. On-Street Parking Restrictions in Southern Village (O-5).
4i. Deleted.
4j. Scheduling a Public Forum on Public Access Fee (R-6).
4k. Response to Petitions regarding Library Fines and Fees (R-7).
4l. Ordinance to Increase Library Board Membership (O-6).
4m. Acceptance of Proposed Easement for Booker Creek Linear Park (R-8).
4n. Proposed Changes in Existing Metered On-street Parking Spaces on West Franklin Street between Roberson Street and Graham Street (O-7a, O-7b).
This the 11th day of November, 2002.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2002-11-11/R-2)
WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and
WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:
Horace Williams Citizens Committee
Albert Burk
Randy Kabrick
Stephen Manton
This the 11th day of November, 2002.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002” (2002-11-11/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, 2002” as duly adopted on July 26, 2002, be and the same is hereby amended as follows:
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ARTICLE I |
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APPROPRIATIONS |
Current Budget |
Increase |
Decrease |
Revised Budget |
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GENERAL FUND |
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Non-Departmental |
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Contingency |
28,629 |
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2,300 |
26,329 |
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Manager/Clerk |
949,369 |
2,300 |
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951,669 |
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This the 11th day of November, 2002.
A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A PERFORMANCE AGREEMENT WITH THE CHAPEL HILL-CARRBORO RESIDENTS’ COUNCIL (2002-11-11/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Performance Agreement with the Chapel Hill-Carrboro Residents’ Council in the amount of $28,500.
This the 11th day of November, 2002.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE STATE FOR $60,000 TO PERFORM STREET AND DRAINAGE IMPROVEMENTS ON STATE ROADS IN CHAPEL HILL UNDER STATE PROJECT #9.8070385 (2002-11-11/R-4a)
WHEREAS, the North Carolina Department of Transportation and the Town of Chapel Hill desire improvements within the Town under State Project #9.8070385 (Orange County) consisting of street and drainage improvements at various locations along SR 1010 (East Franklin Street) in Chapel Hill; and
WHEREAS, the Town of Chapel Hill agrees to prepare, provide and/or obtain any necessary environmental/planning documents, permits, plans, specifications, estimates, rights-of-way, municipally owned utility relocations/adjustments, contract awards, and project supervision; and
WHEREAS, the Department agrees to participate in the actual construction costs of the improvements in an amount not to exceed $60,000;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Project #9.8070385 is hereby approved and that the Town Manager and Town Clerk are hereby authorized to sign and execute a Municipal Agreement with the North Carolina Department of Transportation for said project.
This the 11th day of November, 2002.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE STATE FOR $40,000 TO PERFORM STREET AND DRAINAGE IMPROVEMENTS ON STATE ROADS IN CHAPEL HILL UNDER STATE PROJECT #9.8070386 (2002-11-11/R-4b)
WHEREAS, the North Carolina Department of Transportation and the Town of Chapel Hill desire improvements within the Town under State Project #9.8070386 (Orange County) consisting of street and drainage improvements at various locations along NC 86 (N. Columbia Street/Airport Road) in Chapel Hill; and
WHEREAS, the Town of Chapel Hill agrees to prepare, provide and/or obtain any necessary environmental/planning documents, permits, plans, specifications, estimates, rights-of-way, municipally owned utility relocations/adjustments, contract awards, and project supervision; and
WHEREAS, the Department agrees to participate in the actual construction costs of the improvements in an amount not to exceed $40,000;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Project #9.8070386 is hereby approved and that the Town Manager and Town Clerk are hereby authorized to sign and execute a Municipal Agreement with the North Carolina Department of Transportation for said project.
This the 11th day of November, 2002.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2002-11-11/O-2a)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-27 of the Town Code of Ordinances, “No parking as to particular streets.” is hereby amended by adding the following in appropriate alphabetical order:
“Street Side From To
Carver Street West McMasters Street End”
Section 2. This ordinance shall become effective December 9, 2002.
This the 11th day of November, 2002.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2002-11-11/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-27 of the Town Code of Ordinances, “No parking as to particular streets.” is hereby amended by adding the following in appropriate alphabetical order:
“Street Side From To
Mason Street West McMasters Street End”
Section 2. This ordinance shall become effective December 9, 2002.
This the 11h day of November, 2002.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING SPEED REGULATIONS (2002-11-11/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-11 (B) (2) of the Town Code of Ordinances, “Twenty-five (25) miles per hour on the following streets.” is hereby amended by deleting the following:
“Rosemary
Street (Church Street to west town limits)”
Section 2. Section 21-11 (B) (2) of the Town Code of Ordinances, “Twenty-five (25) miles per hour on the following streets.” is hereby amended by adding the following in appropriate alphabetical order:
“West Rosemary Street (from Columbia Street to west Town limits)”
Section 3. This ordinance shall become effective upon adoption.
This the 11th day of November, 2002.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING PARKING AS TO PARTICULAR STREETS (2002-11-11/O-5)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-27 of the Town Code of Ordinances, "No parking as to particular streets:" is hereby amended by inserting the following therein the appropriate alphabetical order:
“Street Side From To
Brookgreen Drive East Edgewater Circle Highgrove Drive
Brookgreen Drive West Highgrove Drive A point 50 feet south
of Highgrove Drive
Calderon Drive Both Arlen Park Drive Over Lake Drive
Glade Street Both Highgrove Drive A point 50 feet north
of Highgrove Drive
Glade Street Both A point 50 feet east of A point 50 feet west
Westside Drive of Westside Drive
Glade Street East A point 145 feet west of A point 290 feet west
Westside Drive of Westside Drive
Glen Haven Drive North A point 100 feet south of A point 215 feet south
Highgrove Drive of Highgrove Drive
Highgrove Drive South A point 100 feet west of A point 50 feet east of
Glade Street Brookgreen Drive
Highgrove Drive North A point 100 feet west of A point 50 east of
Glade Street Glade Street
Highgrove Drive North A point 50 feet east of Nolen Lane
Westside Drive
Hillspring Lane Both Highgrove Drive A point 50 feet east of
Highgrove Drive
Newell Street West Westgreen Drive Edgewater Circle
Parkside Circle North Meeting Street A point 340 feet west
of Meeting Street
Parkview Crescent Both Glade Street A point 50 feet east of
Glade Street
Westside Drive Both A point 50 feet east of A point 50 feet west
Glade Street of Glade Street
Westside Drive South A point 76 feet of west A point 225 feet west
of Highgrove Drive of Highgrove Street
Winston Ridge Drive Both Newell Street A point 50 feet west
of Newell Street”
Section 2. This ordinance shall become effective December 23, 2002.
This the 11th day of November, 2002.
A RESOLUTION REGARDING THE SUPPLEMENTAL PUBLIC ACCESS RATE FOR CABLE TELEVISION IN CHAPEL HILL (2002-11-11/R-6)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum on November 25, 2002, to receive comments on whether the supplemental public access rate should be: adjusted for inflation to 71 cents per month; continued at the present rate of 70 cents per month; reduced; or eliminated.
This the 11th day of November, 2002.
A RESOLUTION REVISING THE LIBRARY’S USER FEE SCHEDULE AND REDUCING THE INTERLIBRARY LOAN FEE TO $1 (2002-11-11/R-7)
WHEREAS, the Library Board of Trustees and various citizens have requested that the interlibrary loan fee be reduced from $10 to $1; and
WHEREAS, the demand for has been significantly reduced due to the fee introduced on July 1, 2002; and
WHEREAS, a decrease in the interlibrary loan fee may generate an increased use of this service;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town interlibrary loan fee is reduced to $1.00.
This the 11th day of November, 2002.
AN ORDINANCE AMENDING SECTIONS 2-141 AND 2-142 OF THE CODE OF ORDINANCES REGARDING THE NUMBER OF MEMBERS TO SERVE ON THE LIBRARY BOARD OF TRUSTEES (2002-11-11/O-6)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. The first paragraph of Section 2-141 of the Town Code is hereby revised to read as follows:
“The library board of trustees shall consist of seven
(7) nine (9) appointed members as hereinafter provided. Their terms
of office shall be four (4) years or until their successors are appointed and
qualified.”
Section 2. Section 2-142 of the Town Code is hereby revised to read as follows:
“Sec. 2-142. Appointment; vacancies.
Seven Eight
members shall be appointed by the mayor and council. One additional member
shall be a resident of Orange County appointed by the Orange County Board of
Commissioners. Vacancies shall be filled in the same manner as original
appointment.”
Section 3. This ordinance change shall become effective upon adoption.
This the 11th day of November, 2002.
Item 5—Information Items
With regard to page 29 of item 5b, Report on Council Goals, Mayor pro tem Evans requested information on whether the Town could use other options, such as private funding, to construct the sidewalk along Fordham Boulevard.
THE INFORMATION REPORTS WERE RECEIVED BY CONSENSUS OF THE COUNCIL.
Items Deferred from October 21, 2002 Regular Meeting:
Item 6 - Disposition of the Greene Tract
Senior Long Range Planning Coordinator Chris Berndt reviewed the history of the Greene Tract, noting that it had been purchased by Orange County, Carrboro and Chapel Hill jointly in 1984 for a landfill. The three parties had agreed in 1999/2000 to convey 60 acres to Orange County, she said. Ms. Berndt explained that distribution of the remainder would be mutually determined through a process created by a Greene Tract Work Group, which includes Mayor Foy and Council Member Strom. She stated that the Work Group had met several times between October and June of 2002 and had developed a concept plan, which has the following components:
· Affordable Housing (18.1 acres)
· Open Space (85.9 acres)
· Orange County land (60 acres)
The intent of the current Board of Commissioners, said Ms. Berndt, is that the 60 acres of Orange County land remain undisturbed. She noted that the last time the Council had addressed this in May there were 11 undecided acres. The Work Group has since decided that these should go into open space and affordable housing, Ms. Berndt said. She explained that the Work Group Resolution of June 26, 2002, included the following:
· Endorsing concept plan
· Protecting open space area by conservation easement (to be done between 7/1/03 and 6/30/05)
· Orange County should consider conservation easement for its 60 acres as well
· Chapel Hill should consider Small Area Plan for the area west of the Greene Tract and for the Purefoy Road area
· Rename property to recognize headwaters of Bolin Creek, Booker Creek and Old Field Creek
· Recognize public investment that has already been put into the site
· Put affordable housing site into Land Trust in the future
· Investigate options for paying back Landfill Fund for the affordable housing and open space sites.
Ms. Berndt pointed out that the Town's Comprehensive Plan shows the Greene Tract being used for housing and open space. She added that the Assembly of Governments had decided in the spring of 2002 that they would not adopt the Town's Comprehensive Plan in the northern area until the Greene Tract issue was resolved. Ms. Berndt added that Orange County had looked at this proposal on October 15, 2002, and that Carrboro would be looking at it on November 19, 2002. The staff recommended adoption of Resolution 9, she said, which would endorse the concepts, including the concept plan. Ms. Berndt added that the Planning Board Chair could not attend tonight's meeting but had asked that the Council note the Board's recommendation (attachment #7) to adopt the resolution with specific additional points.
Former Council Member Joyce Brown stated that a reasonable compromise had been reached. She encouraged the Council to adopt Resolution 9. With regard to the next phase of the process, Ms. Brown asked, on behalf of several environmental groups, that the Greene Tract be developed in a "truly green way." She suggested that a committee made up of representatives of environmental groups bring a proposal to the Council for a process and general goals on how this area is built. Ms. Brown emphasized that this would be separate from the planning process involving neighbors of the Greene Tract. She asked the Council for a response on whether it would entertain such a proposal on how to develop the designated acreage in the greenest way possible. Ms. Brown described this as a unique opportunity to be a model in North Carolina for how to build, for now and for the future.
Council Member Bill Strom moved resolution 9.
Council Member Strom commented that the resolution was a reasonable compromise. He said that the Town was taking another step toward making a timeless and invaluable gift of undisturbed open space for future generations in Chapel Hill, noting that the Greene tract was the headwaters of three significant watersheds and in an environmentally sensitive part of Town. Council Member Strom predicted that the Town Council would be remembered by future generations for their wisdom and their stewardship of this tract.
Council Member Edith Wiggins seconded the motion.
Mayor pro tem Evans pointed out that the resolution the Council had previously adopted included affordable and moderately priced housing. She said that she had recommended the previous resolution as a way of avoiding segregating a community that was of a specific income level. Mayor pro tem Evans expressed hope that the Council would add moderately priced housing to this resolution. She said that she hoped they would add more land for development as well, since this is a reasonable area in which to provide more housing.
Mayor pro tem Evans said that the headwaters would be adequately protected with the required 150-foot buffers on each side and that this leaves a great deal of other land that could be developed. She pointed out that the Planning Board had recommended doing a small area plan before adopting anything else, and that the lack of opportunity for public comment troubled her. Mayor pro tem Evans argued that it was not necessary to place this land in conservancy, which would lock the Town into something that makes the future a given. She said that she preferred leaving the possibility of future development there.
Mayor Foy, noting that he was a member of the Committee that helped negotiate this, gave the resolution his full support. The Town has an obligation to balance the needs of conservation and housing, he said. Mayor Foy noted that the Town hoped to buy open space around Town. He pointed out that there was a significant amount of land in the Greene Tract that could serve as permanent open space for the headwaters and wildlife corridors, as well as for other environmental benefits. Mayor Foy praised the plan and expressed hope that the Council would endorse it tonight.
Council Member Ward asked if there had been any discussion of including moderately priced housing, noting that the Town usually does prefer a mix of housing types. Mayor Foy replied that the definition of "affordable housing" was vague. The neighbors had not yet been included, he said, and the Work Group does not yet know the cost of extending water and sewer to that area or when the nearby Neville Tract will be available. Mayor Foy added, though, that no one had thought that it would be only one kind of affordable housing.
Council Member Ward recommended that "affordable housing" carry the broadest definition possible.
Council Member Bateman noted that affordable housing allows up to 100% of median income. Mayor Foy added that the financial mechanism that they use might also compel a mix of housing.
Council Member Wiggins asked Ms. Brown if the group she had described would necessarily be separate from the citizen group working on the small area plan. Ms. Brown replied that she envisioned her group as presenting a process that would address how the buildings are constructed. It would be separate from the neighborhood group, she said, but it could be incorporated in any way that the Council wanted.
Council Member Wiggins, expressing concern about having to choose between different sets of recommendations, suggested finding a way to combine the process and get the best advice along with citizen input.
Council Member Verkerk commented that there was much interest among Council members in obtaining environmental advice.
Council Member Ward remarked that the Council could use a number of agencies and guidelines to help develop a process that will be "light on the land" and sustainable in many ways.
Mayor Foy pointed out that another Town goal is to make efficient use of the Public Works site. So, there were three potential uses for Ms. Brown's idea, he said. He suggested approaching it in a comprehensive way rather than having to redo it every time they have this discussion.
Council Member Verkerk noted that this might hasten the work of the advisory board on sustainability and energy. It might be a way of having one board deal with all three, she said. Ms. Brown agreed that anything that is developed would be transferable and useable for something else. She agreed to talk with her environmental groups about the idea.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT R-9. THE MOTION WAS ADOPTED (8-1), WITH MAYOR PRO TEM EVANS VOTING NAY.
A RESOLUTION APPROVING A CONCEPT PLAN FOR THE PORTION OF THE GREENE TRACT IN JOINT OWNERSHIP (2002-11-11/R-9)
WHEREAS, Orange County and the Towns of Carrboro and Chapel Hill acquired the property known as the Greene Tract in 1984 as an asset of the joint solid waste management system; and
WHEREAS, title to 60 acres of this property was deeded exclusively to Orange County in 2000 under the provisions of the 1999 Interlocal Agreement for Solid Waste Management; and
WHEREAS, Orange County, Carrboro and Chapel Hill agreed on a process to be pursued jointly to resolve the disposition of the remaining acres of the Green Tract, including appointment of the Green Tract Work Group; and
WHEREAS, the Greene Tract Work Group has adopted a resolution on June 26, 2002 reporting the recommended concept plan for the Greene Tract and other points of agreement as contained in Attachment 4 of the Manager’s Memorandum to Council of October 21, 2002;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the accompanying map as shown in Attachment 3 of the Manager’s Memorandum to Council of October 21, 2002, as the concept plan for that portion of the Greene Tract not deeded exclusively to Orange County, with the acreage to be set aside for open space protected by conservation easements approximating 85.9 acres and the acreage for affordable housing approximating 18.1 acres.
BE IT FURTHER RESOLVED that the Council agrees that the acreage for affordable housing be placed in the Land Trust.
BE IT FURTHER RESOLVED that the Council requests that the Town Manager investigate options with the Managers of Orange County and Carrboro for reimbursement of the Solid Waste/Landfill Enterprise Fund for the portions of the site designated for affordable housing and open space.
BE IT FURTHER RESOLVED that the Council recommends that the triggering mechanism for reimbursement to the Solid Waste/Landfill Enterprise Fund should be formal action taken by all three boards to approve conservation easements protecting the designated open space, with such approvals taking effect no sooner than July 1, 2003, and no later than July 1, 2005.
BE IT FURTHER RESOLVED that the Council recommends that the following additional steps be taken:
· The area shown on the concept plan as open space be protected by executing a conservation easement among appropriate parties;
· The Board of County Commissioners consider protecting its 60 acre portion of the Greene Tract by executing a conservation easement with an appropriate party;
· The Chapel Hill Town Council consider initiating a small area planning process to examine desirable land uses for the Purefoy Road area;
· The property be renamed in a manner that recognizes the significance of this area as the headwaters for three important streams (Bolin Creek, Old Field Creek, and Booker Creek); and
· The governing boards take note of the public investment already made in the general vicinity of the Greene Tract, as catalogued in Attachment 6 to the Manager’s Memorandum to Council of October 21, 2002.
This the 11th day of November, 2002.
Item 7—Consideration of Uses for Additional Revenue
for Current Budget Year
7a. Update on Current-Year Revenues and Estimates of Additional Revenue Expected for the Current Year.
Mr. Horton pointed out that the economy had slumped in the last fiscal year. The sales tax had also gone down and the governor had held on to a significant portion of revenues due to the Town, he said. Mr. Horton stated the Council had no choice in July but to adopt a budget, set a tax rate, and move on. Since then, however, the legislature has adopted a bill that enabled Orange County to move ahead with the imposition of a local option sales tax, he said, adding that this will generate about $400,000. Also, the Town has received the first portion of the utilities franchise tax, at $1,630,000, he said. Mr. Horton cautioned that the Town can not be sure it will receive the remainder of the funds that ordinarily would be distributed to the Town because the governor did not sign the bill requiring him to relinquish those. He recommended, therefore, allocating part of the $1,630,000 and using part to create a reserve.
7b. Recommended Uses of Additional Revenue for Current Budget Year.
Mr. Horton noted that the Council had previously determined that these funds would be used for employee compensation. He recommended that this be done, effective on December 1st. In addition, Mr. Horton suggested making Capital Improvements Program (CIP) contributions of $815,000, which would enable the Town to fund a list of projects that the Council had reviewed early in the budget process, as well as a project involving flooding at a house on Burning Tree Drive. He advised establishing a stormwater utility and restoring $167,000 of the debt service reserve funds. Mr. Horton strongly recommended that the Town spend the $1,630,000 on these projects. He added that he hoped to have other recommendations in February if the governor does not withhold more funds.
Council Member Verkerk asked for additional information on the Burning Tree Drive drainage problem. Town Engineering Director George Small explained that the culverts had not been large enough and that water was backing up on the upstream side of the pipe. The remedy was to increase the pipes and channel the water downstream to its discharge point, he said. Mr. Horton noted that this had come to the Town's attention about a year ago and had been moved to the top of the priority list.
Council Member Harrison commented that this was more than just a simple drainage problem. It could be the Town’s first participation in the North Carolina Wetlands Program and could significantly improve the watershed there, he said.
Mayor pro tem Evans asked how the step increase of 3.78% would affect the Police Department's ability to be competitive in recruiting. Mr. Horton replied that it would provide merit increases, not pay range changes. Pay range changes would be a complex endeavor requiring more careful analysis, he said.
Council Member Bateman asked how many more years it would be before the Town would be in total compliance with the Americans with Disabilities Act. Mr. Horton replied that the Town was currently in compliance with the law. He added that he did not know off hand about the inventory of curb ramps that still need to be constructed. Council Member Bateman asked to receive a figure some time in the future. Public Works Director Bruce Heflin said that the Town had just completed its inventory. He agreed to give Council Member Bateman that information within the week.
Council Member Ward inquired about what would happen with next year's budget if the governor withholds Town funds. Mr. Horton replied that he was concerned about later this year. If the governor does that again, he said, then the Town would immediately file lawsuits. There would be a quick settlement, through the courts or through the politics of the process, Mr. Horton said, because of the nature of the public interest involved. He added that the Town would then know what the circumstance would be for upcoming years. Council Member Ward continued to express concern about the governor again withholding funds and asked what that would do to revenue. Mr. Horton replied that the sales tax would generate about $1.2 million for the next fiscal year. Since the governor cannot take those sales tax funds, he said, the Town will be in "fairly sound shape."
Mayor Foy stated that one way to view the Manager's proposal is that $167,000 is to replace debt service reserves and about $300,000 in the CIP is for installment payments. He asked if those payments would start this year, and Mr. Horton replied that it was possible. Mayor Foy agreed with Council Member Ward that it would be wise to be cautious. Mr. Horton repeated, however, that the $1.2 million in sales tax revenue would be sufficient to continue the expenditures, such as employee pay and long-term debt.
Council Member Strom stated that money earmarked for CIP projects, such as the Post Office renovation, often gets carried over to the next fiscal year due to design, bidding and the general red tape that goes with the construction process. He inquired about the Post Office renovation schedule. Assistant Town Manager Sonna Loewenthal replied that the design for the Post Office project would begin in the fourth quarter of this year. Council Member Strom and Mr. Horton discussed whether the timing of the Post Office project could be changed to free funds for other projects. Mayor Foy pointed out that the plan had been to accumulate funds even if they are not spent this year. Mr. Horton agreed, but pointed out that the Council could postpone the Post Office project to next year and use those funds for something else.
Mayor Foy noted that some things on the list, such as pay adjustments and first phase stormwater, were more time-sensitive than others. Council Member Strom asked how allocating the money as outlined would affect the petition from Alan Rimer and Judith Weisman regarding a stormwater utility. Mr. Horton replied that it would be preferable to go ahead and develop the utility so that the Town would ultimately have an income stream to pay for the kinds of services and capital improvements that it will need to comply with the MPDUS. Council Member Strom wondered if there was an opportunity to borrow against that future revenue stream and use the cash for infrastructure projects. Mr. Horton resisted that suggestion, noting there was no future income stream to count. Council Member Verkerk verified that granting the pay increases would help with the compression issue.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO APPROVE PAY ADJUSTMENT AT $478,000 AND FIRST PHASE OF STORMWATER MANAGEMENT UTILITY AT $170,000 AND DEFER REMAINDER UNTIL MANAGER REPORTS BACK WITH MORE INFORMATION. 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, 2002” (2002-11-11/O-9)
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, 2002" as duly adopted on July 26, 2002, be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Town Manager/Town Clerk 949,369 16,021 965,390
Personnel 524,024 8,214 532,238
Finance 875,669 12,703 888,372
Information Technology 632,306 7,328 639,634
Legal 232,961 4,960 237,921
Planning 991,013 17,704 1,008,717
Inspections 706,419 10,681 717,100
Engineering 1,070,961 16,584 1,087,545
Public Works 9,725,136 116,126 9,841,262
Police 9,186,204 145,862 9,332,066
Fire 4,839,891 76,286 4,916,177
Parks & Recreation 2,105,157 20,137 2,125,294
Library 1,958,160 24,803 1,982,963
Non-departmental 3,561,832 170,000 3,731,832
CAPITAL IMPROVEMENTS
FUND 818,480 170,000 988,480
TRANSPORTATION FUND 9,710,556 118,000 9,828,556
ARTICLE II
Current Revised
Budget Increase Decrease Budget
REVENUES
GENERAL FUND
State-shared Revenues 8,523,000 648,000 9,171,000
CAPITAL IMPROVEMENTS
FUND 818,480 170,000 988,480
TRANSPORTATION FUND 9,710,556 118,000 9,828,556
This the 11th day of November, 2002.
Item 8 - Downtown Streetscape and Pedestrian Lighting Options
Town Forester Curtis Brooks explained that streetscape improvements at the 100 blocks of East Franklin and Columbia Streets had been nearly completed. He said that this included the underground conduit to support new light fixtures. The two final improvements still needed, he said, were new street and pedestrian level lighting and new mast arm signalization poles. Mr. Brooks outlined pole options, and gave the estimated costs of each:
1. Duke Power Company upgraded poles and fixtures, with an installation cost of $96,000 and an annual operating cost of $2,700.
2. Custom poles and fixtures owned by Duke Power Company, with an installation cost of $292,000 and an annual operating cost of $3,800.
3. Custom poles and fixtures owned by the Town, with an installation cost of $200,000 and an annual operating cost of $4,000 - $6000.
4. Duke Power Company standard poles and fixtures, with an installation cost of $0 and an annual operating cost of $2,700.
Mr. Brooks recommended option #1 because it would provide substantial improvements and good lighting at a relatively moderate cost.
Robert Humphreys, Executive Director of the Downtown Commission, noted that streetscape had caused a loss of some Downtown lighting. He recommended option #2, and asked the Council to make a decision tonight that would bring better lighting to the Downtown area.
Mayor pro tem Evans moved option #2.
Mayor pro tem Evans described this as a long-term expenditure. She expressed hope that the Town could arrange with Duke Power to allow the new Christmas decorations to be used. Mayor pro tem Evans determined from Mr. Brooks that there would be twenty-seven poles and that the six signal replacements would be dark green.
Council Member Verkerk seconded the motion.
Council Member Strom inquired about the difference between options #1 and #2. Mr. Brooks explained that the spacing from option #1 would provide good lighting but would not be quite as uniform as with options #2 and #3.
Mayor Foy said that he was persuaded by Mayor pro tem Evans's comments that option #2 was the better one. The price, when amortized over 50 years, is not much more expensive, he said.
Council Member Ward requested more information about electrifying for Christmas decorations. Mr. Horton noted that Mr. Gardner of Duke Power was in the audience and might want to answer that. Mr. Brooks noted that Duke Power would not guarantee maintenance for more than 30 years with option #2.
Scott Gardner, representing Duke Power, explained that the Town has been offered an alternative for Christmas decorations that requires a receptacle wired in a separately metered circuit. He said that some at Duke Power have encouraged their engineering and lighting group to come up with a better alternative, but, to this point they have not done so. Mr. Gardner concluded that he cannot promise anything regarding Christmas lights in time for this season. Mr. Horton noted that the Snowflakes could be mounted but could not be illuminated.
Council Member Harrison determined from Mr. Brooks that options #2 & #3 would have the least upward lighting of all.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT OPTION R-10 AS AMENDED TO ACCEPT OPTION #2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO REQUEST THAT DUKE POWER COMPANY INSTALL NEW STREET AND PEDESTRIAN LIGHTS AS INDICATED ON THE PLAN FOR PHASE ONE DOWNTOWN LIGHTING IMPROVEMENTS (2002-11-11/R-10)
WHEREAS, the Downtown Streetscape Master Plan was adopted as part of the Town’s Comprehensive Plan; and
WHEREAS, lighting improvements are a fundamental part of the Town’s Downtown Streetscape Master Plan; and
WHEREAS, the Council has received reports comparing various options for design, ownership and maintenance of a system of downtown lighting; and
WHEREAS, the Council has determined that the optimal arrangement for improving downtown lighting, given budgetary constraints, is to work with Duke Power Company to install upgraded decorative poles and fixtures;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit a request to Duke Power Company for the installation of street and pedestrian lighting downtown according to the Phase 1 Downtown Streetscape Lighting Plan using Duke Power Company’s upgraded decorative poles and fixtures.
This the 11th day of November, 2002.
Item 9—Request for the Council to Direct Town Staff to Research Options
for Improved Pedestrian Safety on Airport Road
Mayor Foy explained that he and Council Member Bateman were asking the Council to begin the process of developing safety for pedestrians on Airport Road.
Council Member Bateman moved that the Council direct the Town staff to explore pedestrian safety options for Airport Road. Council Member Verkerk seconded.
Council Member Verkerk suggested finding out what would be involved with having the Highway Safety Research Council take this on. Mr. Horton agreed to contact that group.
Council Member Ward suggested broadening the inquiry beyond Airport Road to include other highways with four or more lanes where, for example, a bus stop is located across the road from a major residential complex. He suggested including the possibility of changing bus routes so that people do not have to cross the road.
Mayor Foy stated that he and Council Member Bateman had made this request specific to Airport Road in an attempt to confine it to something manageable. Noting that this could help guide the Town in other areas as well, he expressed a preference for keeping the focus on Airport Road. Mayor Foy suggested asking the staff to identify other areas of Town where there is a problem. Mr. Horton agreed to do an inventory of problem areas using bus drivers. He added that he would try to work that into the discussion of rerouting and for developing a template for solving such problems.
Council Member Bateman agreed with the suggestion to focus on Airport Road but also do the inventory.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0.
November 11, 2002 Regular Meeting:
Item 10—Comprehensive Annual Financial Report and Auditor's Letter
Finance Director Jim Baker introduced Victor Blackburn, of McGladrey & Pullen, to make the presentation. Mr. Blackburn noted that page three of the financial report presents McGladrey & Pullen's opinion of the accounting practices of the Town of Chapel Hill. He said that the Town had received an "unqualified" opinion for this year's audit, which is the best opinion that an accounting firm can give an organization. Mr. Blackburn noted that they had also done an audit of federal and State funds received by the Town and how the Town used those funds in accordance with grant agreements. McGladrey & Pullen had found "no questionable cause," which he said the Town should be proud of.
Mr. Blackburn pointed out that the Town will be required to adopt GASB No. 34 in the upcoming fiscal year. This will change the format of the fin