SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, APRIL 26, 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, Interim Finance Director Kay Johnson, Senior Development Coordinator J. B. Culpepper, Library Director Kathy Thompson, Traffic Engineer Kumar Neppalli, Engineering Director George Small, Housing Director Tina Vaughn, Senior Planner Chris Berndt, Principal Community Development Planner Loryn Barnes, and Acting Town Clerk Sandy Cook.

 

Item 1 - Ceremonies:

 

a.      Recognition of Triangle Reading Service.

 

Chapel Hill resident Bruce Rubidch, a volunteer with the Triangle Reading Service, explained that the Service reads information over the airwaves, 24 hours a day, seven days a week, to those who have visual or cognitive disabilities. A hundred and thirty volunteers read newspapers and other information to people in 16 North Carolina counties, he said. Mr. Rubidch explained that there were 657 listeners in Chapel Hill and that the number was expected to grow to 742 in 2004. He described the Triangle Reading Service as cost effective, noting that the estimated cost per reader is eight cents a day. Mr. Rubidch said that most of their funding comes from county and municipal grants and from The United Way. He expressed particular gratitude to the Town of Chapel Hill for its support and its continued attention to the needs of the visually impaired in Chapel Hill and surrounding areas.

 

b. Proclamation: National Volunteer Recognition Week.

 

Mayor Foy read a proclamation declaring April 18-24, 2004, National Volunteer Recognition Week. He presented a copy of the proclamation to Library Director Kathy Thompson, who is the Town of Chapel Hill’s Volunteer Coordinator.

 

Item 2 - Public Hearings: None.

 

Item 3 - Petitions by Citizens and Announcements by Council Members

 

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

 

3a(1). Habitat for Humanity re Request for Funding of Pre-development Costs for Habitat Property on Sunrise Road.

 

Susan Levy asked the Town to allocate $60,000 in Housing Trust Fund money for predevelopment costs associated with engineering, design, surveying, a traffic study, and consultation with a noise engineer. She noted that the Town had approved $50,000 in Housing Trust Funds two years ago for Rush Hollow development and that Habitat had requested these funds for predevelopment costs for the Sunrise property last year. But a decision on the funding had been put off until the Mayor's Committee could make recommendations to the full Council, she said. The estimated costs for which Habitat was seeking funding include:

 

Traffic Study $13,500.00

Environmental Assessment (for HUD) 2,500

Noise Study 4,0000

Soil Testing 3,500

Surveying 4,500

Engineering (Concept Plan/SUP Process) 32,500

 

Total Pre-Development Costs $60,000

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

3a(2). Sunrise Coalition re Opposition to Habitat for Humanity’s Pre-Development Funding Request for the Sunrise Road Project.

 

Richard Surwit, representing the Sunrise Coalition, presented a petition opposing funding for the Sunrise Road Project. He argued that it was inappropriate for the Town Council to fund a project for which the Town Council would be acting as a regulatory body. How could the Council objectively evaluate a site plan for which it had already provided funding, he asked. Mr. Surwit recommended that Habitat not seek Town funds to develop a plan that it will later submit to the Town Council for approval.

 

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

 

3a(3). Coalition for Airport Relocation.

 

[COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO RECEIVE THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

3a(4). Shawn Thompson re Noise Caused by Trucks Using “Jake Brakes” on South Columbia Street between Westwood Drive and the 15-501 Intersection.

 

Columbia Street resident Shawn Thompson petitioned the Council to address the unreasonable noise caused by trucks traveling south on Columbia Street and, in particular, noise caused by "Jake Brakes." Jake Brakes save wear on the trucks regular brakes but cause extremely loud noise to emanate from both the engine and exhaust systems, he said. Mr. Thompson explained that he and his neighbors had grown large hedges to try and block the noise, but this had not been effective and had compromised their neighborhood's charm. He asked the Mayor and Town Council to pass an ordinance against the use of Jake Brakes within the city limits.

 

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

 

3a(5). Attorney Walter Hicks regarding Airport Gardens Bidding Process.

 

Mr. Hicks, petitioning on behalf of Mitch Brown, president of Harriston enterprises, asked for an opportunity to respond to a Council action of April 14, 2004 regarding the re-bidding of the Airport Gardens project. He noted that his client, the low bidder on that project, had filed a protest with HUD and had received a response on April 15, 2004. He and Mr. Brown had planned to come and speak with the Council about an equitable solution, Mr. Hicks explained, but they had then discovered that the Council had already passed a resolution on the matter on April 14. Mr. Hicks said that he and his client had been dismayed to realize that Chapel Hill had acted without contacting them but had contacted another bidder. He said that his letter, which he distributed to Council members, proposed an equitable and legal solution to the bidding process. The Town did have enough money to fund the entire project, Mr. Hicks said, so the remedy should be to award the contract to the low bidder.

 

Mayor Foy ascertained from Town Attorney Ralph Karpinos that the proper procedure was to receive and refer the petition for a report back on May 10, 2004. He offered to provide Mr. Hicks with a copy of that report before the meeting. Mayor pro tem Wiggins determined that the Town was re-noticing the project and inviting persons, including Harriston Enterprises, to present bids. She verified that the Council would get the report back before the bidding period was over.

 

Mr. Karpinos explained that renovation of the Airport Gardens apartments would be presented for bids. Site work would not be part of this project, he said, explaining that the Town did not have funds to support bidding the entire project. Companies would bid only on renovation of the apartment units themselves, Mr. Karpinos said. Mayor pro tem Wiggins asked if the Town collects references and bonding information as part of the bidding process. Mr. Karpinos replied that companies are required to provide a bid bond at the time the bid is submitted. A performance bond is required of the successful bidder, he said, adding that references are checked after bids are submitted and before a contract is awarded, if there are questions about the low bidder.

 

Mr. Brown expressed sadness that the Council had passed a recent resolution without learning more about Harriston Enterprise's position. He said that the Council had received only the information that the staff wanted them to have. Mr. Brown stated that he had recently met with the Secretary of HUD, who had been "outraged with this action," he said. When the Council learned that the Town had awarded the contract to the wrong bidder, they should have awarded it to the low bidder, which is Harriston Enterprise, rather sending it out for bids again, Mr. Brown argued. He described the Town's action as "totally wrong," adding that "something funny and unethical" was going on. The correct thing to do was to award the contract to Harriston Enterprise, he said.

 

Mayor pro tem Wiggins requested that the staff's report include a copy of the letter to which Mr. Brown had referred, as well as the HUD memorandum and the letter to the company in South Carolina. Council Member Kleinschmidt asked for information on how what was sent out for bids the first time might differ from what was being sent out the second time.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY FOR A REPORT BACK ON MAY 10, 2004. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Announcements by Council Members

 

Council Member Verkerk wished a Happy Birthday to her son, Case, who was 14, her daughter Amelia, who was eight, and her son William, who was also eight. They were all born on this date, she said.

Item 4 - Consent Agenda

 

With regard to attachment 2 of 4e, Response to Petition from the Greenways Commission requesting Restrictions on Long-Term Parking on Bolinwood Drive near Bolin Creek Trail, Council Member Ward asked why only a small section of Bolinwood Drive had no parking restrictions. Mr. Neppalli replied that it was because the Town had not received complaints from that area.

 

Council Member Greene removed 4j, Report on Request by IFC Council for Social Services for $15,000 to Help Defray Costs of Relocation During Renovation, since a representative from The Interfaith Council (IFC) had wanted to speak on that issue. Mayor Foy explained that there had been a budget request from The IFC for $15,000 to help defray the cost of relocation during renovation. The Manager's recommendation was to allocate $9,000 from the Contingency Fund, said Mayor Foy.

 

Ms. Ammarell, president of The IFC, stated that she had read the Manager's report and understood the recommendation. But, she explained, The IFC would end up $2,500 short if the Town were to approve only $9,000. She was no longer asking for the full $15,000, she said, adding that The IFC had raised some funds and had reprogrammed a bit. But they would still be $2,500 short, Ms. Ammarell explained. She asked Council members to take that into consideration.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO AMEND O-4 TO $11,500. 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, 2003” (04-14-26/O-4)

 

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, 2003” as duly adopted on June 9, 2003 and the same is hereby amended as follows:

 

ARTICLE I

 

 

 

 

 

 

Current

 

 

Revised

APPROPRIATIONS

Budget

Increase

Decrease

Budget

 

 

 

 

 

GENERAL FUND

 

 

 

 

Contributions to Human Services Agencies

331,150

11,500

 

342,650

 

 

 

 

 

GENERAL FUND

 

 

 

 

  Contingency

17,788

 

(11,500)

6,288

 

This the 26th day of April, 2004.

 

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-1 WITHOUT 4J. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-04-26/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:

 

a.

Minutes of February 25 and 27, and March 1, 15, 22, 24, and 30, 2004.

b.

Nominations to the Planning Board, the Technology Committee, and the Transportation Board (R-2).

c.

Calling a Public Hearing to Consider OI-4 Zoning District Changes (R-3).

d.

Calling a Public Hearing for a Land Use Plan Amendment to Identify Locations of Potential School Sites (R-4).

e.

Response to Petition from the Greenways Commission requesting Restrictions on Long-Term Parking on Bolinwood Drive near Bolin Creek Trail (O-1).

f.

Budget Ordinance Amendment Eliminating Funding for the Adopt-A-Trail Grant (O-2).

g.

Acceptance of Latino Outreach Coordinator Grant (R-5).

h.

Acceptance of Crime Mapping Grant (R-6).

i.

Budget Ordinance for Mini-Pumper Fire Truck (O-3).

k.

Response to a Petition Requesting Traffic Studies and Traffic Calming Devices on Hillsborough Street (R-7).

l.

Response to Petition to Update the Comprehensive Plan on Business Development (R-8).

m.

Authorization to Sign Documents on Behalf of the Town Manager (R-9).

 

This the 26th day of April, 2004.

 

 

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2004-04-26/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:

 

 

Planning Board

Bobby Clapp

Yolanda Donaldson

Matt Hapgood

Bud Matthews

Gordon Merklein

Matthew Scheer

Stephanie Schmitt

Ruby Sinreich

Wilhelmina Steen

 

Technology Committee

Karim Kheireddine

 

Transportation Board

Laurin Easthom

Glenn Gerding

Matt Hapgood

Rudy Juliano

 

 

This the 26th day of April, 2004.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE LAND USE MANAGEMENT ORDINANCE TO ADJUST PROVISIONS OF THE OFFICE/INSTITUTIONAL-4 ZONING DISTRICT (2004-04-26/R-3)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for October 18, 2004, to consider an amendment to the Land Use Management Ordinance to adjust provisions of the Office/Institutional-4 zoning district. Proposed changes for consideration shall include:

 

 

 

 

 

 

 

 

BE IT FURTHER RESOLVED that the Council refers this proposal to the Planning Board and Town Manager for recommendations.

 

This the 26th day of April, 2004.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE LAND USE PLAN TO IDENTIFY POTENTIAL SCHOOL SITES (2004-04-26/R-4)

 

WHEREAS, the Town Council has designated school sites on the Town’s Land Use Plan in the 2000 Comprehensive Plan; and

 

WHEREAS, the Chapel Hill-Carrboro Board of Education has requested that the Council consider an amendment to the Land Use Plan to add sites to the Plan and delete sites from the Plan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for May 24, 2004, at 7 p.m. in the Council Chamber, Town Hall, 306 N. Columbia Street, to consider an amendment to the Land Use Plan to identify potential school sites.

 

BE IT FURTHER RESOLVED that the Council refers this proposal to the Planning Board for a recommendation, and to other Town advisory boards for comment should they desire.

 

This the 26th day of April, 2004.

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOPPING, STANDING AND PARKING (2004-04-26/ O-1)

 

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

 

Section 1.  Section 21-27.2.4 of the Town Code of Ordinances, “Parking Time Limits”, is hereby amended by adding the following:

 

“(c) 2-hours, 6:00 a.m. to 7:00 p.m., Monday – Friday

 

Street Side From                            To

 

Bolinwood Drive East A point 495 feet north of A point 685 feet north of

                Hillsborough Street Hillsborough Street

 

Section 2.  This ordinance shall become effective May 26, 2004.

 

This the 26th day of April, 2004.

 

 

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2004-04-26/O-2)

 

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, the capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:

 

SECTION I

 

The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital Improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.

 

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 hereby amended as follows:

Current Budget Revised Budget

 

Total 4,060,474 4,055,844

 

SECTION IV

 

Amounts appropriated for capital projects are hereby amended as follows:

 

Current Budget Revised Budget

 

Total 4,060,474 4,055,844

 

SECTION V

 

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 VI

 

Copies of this projects 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 26th day of April, 2004.

 

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE GOVERNOR’S CRIME COMMISSION – VIOLENCE AGAINST WOMEN GRANT (2004-04-26/R-5)

 

WHEREAS, the Governor’s Crime Commission has made federal funds available to enhance the response of law enforcement services provided to unmet needs or underserved populations in local communities; and

 

WHEREAS, the Town’s Governor’s Crime Commission grant application in the amount of $100,863 was approved by the Governor’s Crime Commission; and

 

WHEREAS, the grant funds would be used to hire a bilingual Victim Specialist to work with Latino victims and provide training to equip police officers in Chapel Hill and Carrboro to effectively serve and protect Latino victims of domestic violence, sexual assault and stalking;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the Governor’s Crime Commission grant and to make all necessary assurances.

 

This the 26th day of April, 2004.

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE GOVERNOR’S CRIME COMMISSION GRANT (2004-04-26/R-6)

 

WHEREAS, the Governor’s Crime Commission has made funds available to enable police officers to have immediate access to mapped crime information and to analyze crime patterns; and

 

WHEREAS, Town’s application in the amount of $51,617 for two years was approved by the Governor’s Crime Commission; and

 

WHEREAS, the Police Department will provide the matching funds; and

 

WHEREAS, grant funds would be used for training and computer software;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the grant from the Governor’s Crime Commission and to make all necessary assurances.

 

This the 26th day of April, 2004.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-04-26/O-3)

 

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, 2003” as duly adopted on June 9, 2003 and the same is hereby amended as follows:

 

ARTICLE I

 

 

 

 

 

 

Current

 

 

Revised

APPROPRIATIONS

Budget

Increase

Decrease

Budget

 

 

 

 

 

GENERAL FUND

 

 

 

 

  Fire

5,333,763

110,000

 

5,443,763

 

 

 

 

 

ARTICLE II

 

 

 

 

 

 

Current

 

 

Revised

REVENUES

Budget

Increase

Decrease

Budget

 

 

 

 

 

GENERAL FUND

 

 

 

 

  Grants

740,103

110,000

 

850,103

This the 26th day of April, 2004.

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO INSTALL POLE MOUNTED SPEED DETECTOR ON HILLSBOROUGH STREET (2004-04-26/R-7)

 

WHEREAS, the Chapel Hill Town Council has received several petitions requesting that the Town implement traffic calming measures on Hillsborough Street to reduce the speeding problem and to make the street a safer place to live, walk, and drive; and

 

WHEREAS, Town staff has reviewed the request and has identified that speeding is a problem on Hillsborough Street; and

 

WHEREAS, the physical characteristics of Hillsborough Street limit the traffic management alternatives that would be appropriate;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith authorizes the Manager to purchase and install a pole mounted speed detector on Hillsborough Street.

 

BE IT FURTHER RESOLVED that the Council directs the Manager to report back at the end of the year with information about the effectiveness of the above measures in mitigating speeding problems on Hillsborough Street.

 

This the 26th day of April, 2004.

 

A RESOLUTION REGARDING BUSINESS DEVELOPMENT AND THE TOWN’S COMPREHENSIVE PLAN (04-04-26/R-8)

 

WHEREAS, the Town Council has established a vision for the local economy and employment in Chapter 6.0 of its Comprehensive Plan adopted May, 2000; and

 

WHEREAS, on March 22, 2004, the Town Council adopted a Goals and Implementation Plan, which established tasks to be undertaken in fiscal year 2004-05 and succeeding years;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council continue to pursue the actions already identified in the Comprehensive Plan, Chapter 6 Economy and Employment which address the matters expressed in the petition; and, that the Council give this matter additional attention when it undertakes a revision of the Comprehensive Plan.

 

This the 26th day of April, 2004.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO DESIGNATE THE DEPUTY TOWN MANAGER AND ASSISTANT TOWN MANAGER AS ACTING MANAGER AND TO DELEGATE ADMINISTRATIVE RESPONSIBILITIES FOR SIGNING VARIOUS DOCUMENTS TO THE DEPUTY AND ASSISTANT TOWN MANAGERS (2004-04-26/R-9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the designation of Deputy Town Manager Florentine A. Miller and Assistant Town Manager Bruce A. Heflin as Acting Town Manager during the Manager’s temporary absence or disability.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to delegate to Deputy Town Manager Florentine A. Miller, and Assistant Town Manager Bruce A. Heflin, authority to sign various contracts and other documents which the Town Manager has authority to execute on behalf of the Town.

 

This the 26th day of April, 2004.

 

 

 

 

Item 5 - Information Iems

 

Council Member Strom thanked the Manager and staff for 5a, Response for Request for Summary of Rezoning Process, and expressed appreciation for the quick response and clear information in the report.

 

Council Member Greene removed 5e, Follow-up Report in Response to a Petition Requesting Removal of Traffic Calming Devices on Lonebrook Drive. She and Mayor Foy noted that there were citizens present who wanted to speak on that.

 

Northwoods resident Eric Plow read a statement explaining why many in his neighborhood wanted the stop signs on Lonebrook Drive removed and were opposed to having speed humps installed. He argued that three- and four-way stop signs confuse drivers, delay traffic, and do nothing to slow traffic down. With regard to speed bumps, Mr. Plow pointed out that the constant stopping and starting of cars increases emissions and decreases fuel efficiency. He asked that the Town install traffic-calming measures in neighborhoods that demonstrate a clear need and stronger support for them. Mr. Plow suggested that the Town develop clear criteria rank projects on a semi-annual basis according to neighborhood support and demonstrated need. He asked the Town to remove the stop signs, which he said the Town's own study had shown were not effective.

 

Tremont circle resident Jeffrey Weinstock described being on Lonebrook Drive near Tremont Circle as "frightening and dangerous," and he urged Council members to adopt the staff's recommendation to keep the stop signs and install speed humps. Traffic cutting through from Airport Road to Homestead Road on Weaver Dairy Extension had made this even more dangerous, he explained. Mr. Weinstock pointed out that those who live toward the center of the circle were not affected every day as he and others were. Speed bumps and stop signs must be installed as the Town creates cut-throughs in neighborhoods, he said, adding that speed bumps are necessary for stop signs to be effective.

 

Larry Nobles, who lives at the corner of Kenilworth and Lonebrook Drive, asked Council members to give strong consideration to the Town's own studies, which indicate a significant speeding problem on Lonebrook Drive and recommend installing a combination of speed bumps and stop signs. Since that determination was made, a survey had determined that 78% of respondents support some form of traffic-calming device on Lonebrook Drive, Mr. Nobles said, adding that 94% of those who live on Lonebrook Drive support traffic calming. He asked the Town Council to adopt the Manager's recommendation to proceed with the installation of speed bumps and to leave the stop signs where they are.

 

Council Member Verkerk moved to proceed with the Manager's recommendation, but Northwoods resident Mark Zimmerman asked to speak before the Council voted. Mr. Zimmerman said that stop signs had been installed on Lonebrook Drive in violation of Town guidelines. He said that a Town study had proven that stop signs do not calm traffic. Yet, the Town continues to recommend it, he said, adding that the Town had also recommended adding speed bumps to a lightly traveled neighborhood road where the average speed is 24 miles an hour.

 

Mr. Zimmerman stated that the Council had agreed last fall that a two-third majority of residents must support speed bumps. He said that 50% of those surveyed did not support them. Mr. Zimmerman asked Council members to reject the recommendation and consider placing a moratorium on all speed bumps in Town. He listed other US towns that had done so. He also cited European studies on air quality neighborhood pollution and said that appeasing neighborhoods by throwing in speed bumps was "bad public policy."

 

Council Member Greene commented that the Town's boards were in the process of coming up with criteria for determining which neighborhoods need traffic-calming measures. In a very short time there will be a systematic way address this, she pointed out. Council Member Greene said that she had driven down Lonebrook and did not feel tempted to go over 35 m.p.h. with the stop signs there. She suggested leaving things as they are until the neighborhood has gone through the process that the Town is about to establish.

 

Council Member Ward agreed that not having a consistent policy had been frustrating. He also expressed interest in waiting until the Town had a well-thought-out process and criteria in place before changing anything.

 

Council Member Harrison said that the Transportation Board had been working on a traffic-calming policy and would soon bring back recommendations that would meet much of the Town's needs. He agreed with the suggestion to wait until a Council policy was in place. Council Member Verkerk said that she trusted the staff's recommendations but was willing to wait if that was what other Council members wanted to do.

 

Mayor pro tem Wiggins asked how long the wait would be. Mr. Neppalli replied that the report would come to the Council on May 10, 2004. Council Member Strom noted that neighborhoods in Salt Lake City were required to use temporary speed humps before the town would pay for a permanent installation. He asked for a report on the possible use of temporary speed humps to see if that could become part of the Town's policy. Mayor Foy recommended deferring any action until after receiving the report on May 10th and then bringing it back for Council Action. Council Member Strom and Mayor Foy asked Mr. Neppalli to include more details on portable speed humps in his report, including their cost and effectiveness.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER HILL, TO DEFER ITEM 5E UNTIL A POLICY IS IN PLACE AND TO INVESTIGATE THE COST AND EFFECTIVENESS OF TEMPORARY SPEED HUMPS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Foy noted that Tanya Freeman had signed up to speak on 5d, but Ms. Freeman was no longer present.

 

INFORMATION REPORTS RECEIVED, WITH THE EXCEPTION OF 5E.

 

Item 6 - Submittal of the Manager’s Recommended 2004-2005 Budget

and 2004-2019 Capital Improvements Program

 

Mr. Horton explained that the recommended budget for 2004-05 would total $60,728,000, an approximate 4% increase over the 2003-04 budget. He said that the base budget in the General Fund would total $40.3 million, with no tax rate increase and leaving $198,000 for allocation purposes. The recommended budget, however, would total $43.3 million and would require a tax rate increase of 3.5 cents, Mr. Horton said. He explained that the tax rate would increase from 50.2 cents to 53.7 cents, and would reflect the establishment of a Stormwater Management Fund. Mr. Horton stated that the property tax base would increase about $140,000 next year making a cent on the tax rate worth about $442,000.

 

Mr. Horton said that the General Fund Priority Additions would include:

 

·        $690,000 - Competitive pay adjustments.

·        $150,000 - Town Operation Center site work debt service.

·        $202,500 - $4 million G. O. Bond debt service.

·        $442,000 - Contracts with human service agencies; visitor and tourism promotion.

 

He recommended continuing work on the downtown economic development program, particularly for parking lots 2 & 5, at a cost of $266,000. In addition, the Council had authorized establishing a new downtown economic organization, Mr. Horton pointed out. He said that the recommended cost of that would be $70,000 from the General Fund and $70,000 from the downtown tax district. Mr. Horton stated that $612,000 would be included for additional maintenance of Town properties in the Capital Improvement Program (CIP).

 

Mr. Horton explained that the Stormwater Management Fund, as recommended, would have a total budget of $2,031,200, and he outlined how this money would be spent. Revenue would be obtained through a fee of $45 per equivalent rate unit (ERU), with a rate unit representing 2,000 SF of impervious surface. These fees would be assessed on all properties in Town, with the exception of UNC during the first year, he said. Mr. Horton told Council members that there were differences between the Town's and UNC's understandings of the law. The Town believes that the University would be required to participate and pay the fees, he said, but UNC had a different interpretation and believes that it would not be required to do so. Mr. Horton proposed that conversations between the University and Town could produce an equitable agreement.

 

Mr. Horton said that the Stormwater Management Fund would assist the General Fund by enabling recovery of the $402,000 investment in developing the proposed fund. And $190,000 in engineering staff costs would be charged to the Stormwater Fund rather than the General Fund, he said. Mr. Horton explained that $562,000 would be paid to the General Fund for services that would be carried out in the General Fund, including street cleaning, system maintenance and other such costs. He noted that there would be a small overhead cost of $27,000. The total charges to the General Fund would be $1,179,000, Mr. Horton said.

 

Mr. Horton stated that, with this proposal, the fund balance for the General Fund would continue to be slightly above $5.1 million. He noted that this was approximately 12% of the budget. The staff sees that as the minimum necessary to meet cash flow requirements in case of emergencies and to take advantages of opportunities such as purchasing land, Mr. Horton said.

 

Mr. Horton stated that the Transportation Fund budget would be about $11.1 million and would require a .6 cent tax rate increase. The recommended budget would total $11.4 million, he said, and would require a .8 tax rate increase, from 5.1 to 5.9. Recommended additions include: $190,000 competitive pay adjustments, $24,000 for an EZ Rider/Shared-Ride reservationist, and $40,000 for an additional EZ Rider operator, Mr. Horton said.

 

Mr. Horton explained that the recommended combined tax rate would increase by 4.3 cents to a total to a total of 59.6 cents, he said. He noted that the staff continued to hope for good news on revenues and were encouraged that they would receive about $200,000 from FEMA to help pay recovery costs for two large storms this year. Mr. Horton explained that Orange County was in the process of changing its animal control operation and the Town might have to expect additional costs as a result of improvements in that service. Also, the School system had requested that the Town consider carrying some of the cost of the school resource officers when schools are not in session, he said.

 

Mr. Horton pointed out that the Council had already adopted a $1,654,000 Housing Fund budget on March 4, 2004. There had been no change in basic services, he said, adding that there had been some use of fund balance to meet the Housing Department's operating requirements. Mr. Horton recommended that the Parking Fund fees continue as they are. He proposed that the Downtown Service District Fund continue with a tax rate of about 6.2 cents. Mr. Horton proposed that revenues of about $70,000 from that fund be allocated to the new downtown economic development organization.

 

Next year, Mr. Horton said, the key issue will be debt management and service. The cost for existing debt, capital improvement program changes, debt associated with Town Operations Center and the Transit Operation Center--along with the cost of issuing new general obligation bonds--could total as much as 8.1 cents, he said. Mr. Horton pointed out that the Council had not decided to allow all of those costs and that the Town was striving to attain larger grants to offset the Transit Operation Center costs. Because of changes in debt service, the staff views next year as a significant challenge, he said. Mr. Horton outlined the Council's schedule for addressing the 2004-05 budget, noting that adoption had been scheduled for June 14, 2004.

 

Assistant Town Manager Bruce Heflin explained that the Capital Improvement Program was being presented in two increments, with a base budget of $561,000. The projects were outlined on page 251 of the budget document, he said. Mr. Heflin explained that, at the base level, the Town would fund installment payments on existing obligation. These would include land purchase for the Town Operations Center, roof repair at various Town buildings, the final payment on the Meadowmont School gym, and additional payments on renovations at Hargraves Center and the A. D. Clarke Pool, he said.

 

Mr. Heflin stated that revenues would be $506,000 from the General Fund and $55,000 from cell tower rental fees. He noted the recommendations for $560,000 of additional projects that had traditionally been addressed by this fund and a number of new projects for the Council's consideration. Mr. Heflin pointed out that the staff report included information on capital projects that are funded from other sources, such as bonds and grants. It also lists projects for which the staff had not been able to identify a funding source, he said. Mr. Heflin emphasized preserving what the Town already had and undertaking minimal improvements with the focus on maintenance.

 

Mayor Foy commented that this was the Council's opportunity to receive the budget. They would be discussing it in detail at a work session on Wednesday, he said.

 

THE MANAGER’S REPORT WAS RECEIVED BY CONSENSUS OF THE COUNCIL.

Item 7 - Recommended Program and Budget for

Proposed Stormwater Management Utility

 

Engineering Director George Small reviewed the key points of the stormwater utility, as the staff perceives it. He noted that his was somewhat different from the Policy Advisory Committee's original recommendation. It would implement stormwater management activities that are necessary for compliance with existing regulations and with new State and Federal regulations, Mr. Small said. He explained that a major element of work in the first year would be to develop a master plan, which would be subject to the Council's review.

 

Mr. Small proposed reducing the Capital Reserve Fund in the first year of the proposed program. This would allow the Town to reduce the equivalent rate fee to $45 a year per 2,000 SF equivalent rate unit (ERU), he said. Mr. Small noted that about 90% of Chapel Hill properties would have three or fewer ERUs. He said that the staff was continuing discussions with Orange County about including this fee with the property tax bill.

 

Mayor Foy stated that this was an opportunity for the Council to give direction on finalizing the utility so that it can be included in the budget, or not. Council Member Strom inquired about possibly exempting Land Trust units. Mr. Karpinos replied that his initial reaction was that this was a utility and a fee and that there was no basis for exempting an affordable housing program. He agreed to look into it further, however, and bring back a report. Council Member Strom expressed interest in either exempting affordable units or creating a fund to reimburse them.

 

Council Member Strom asked if the recommendation was to not bill UNC at all, including its properties in neighborhoods, or just not to bill it for its buildings on campus. Mr. Horton replied that UNC's position seemed to be that they were exempt everywhere. The Town has a different legal opinion on that, Mr. Horton said, but he recommended not counting on any revenues in the beginning. If conversations with UNC are successful, then the staff would bring recommendations on how to proceed, he said, adding that they would do so if conversations were not successful as well.

 

Mayor Foy remarked that it would be retroactive if the conversations yielded success. Mr. Horton agreed, adding that the conversations should not take a terribly long time.

 

Mayor pro tem Wiggins pointed out that houses in the Land Trust were purchased by people with moderate incomes. There were people in Chapel Hill who live in houses that are not in the Land Trust who make a lot less money, she said. Mayor pro tem Wiggins stated that it would be difficult to justify exempting owners of Land Trust homes and not others who make less money.

 

Council Member Strom replied that this could be done for the Land Trust and that Mayor pro tem Wiggins and others could suggest exempting other groups as well.

 

Mayor pro tem Wiggins stated that there were some with high incomes living in Land Trust homes.

 

Council Member Strom said that he would await the staff's report and was interested in hearing suggestions for how to provide relief for those that this will have a larger impact on.

 

Council Member Harrison agreed with Mayor pro tem Wiggins that targeting a small subset of Land Trust houses would not alleviate the problem for low-income people. The difficulty of this was much more tied to income that to the kind of house, he pointed out. Council Member Harrison noted that the Transportation Board had recommended raising the minimum cap from 500 square feet to 1,500 square feet. The intent of that was to exempt affordable housing, he said.

 

Council Member Kleinschmidt asked how ERUs for multi-family housing units would be determined and divided up. Mr. Small explained that the impervious surface area of the property would be measured and assessed to the owner, or the homeowners association in the case of a condo. Then it would be divided equally among the condo owners or spread over the units of the rental property, he said. Council Member Kleinschmidt determined that very large units, such as 20,000 SF of impervious surface, consisted of malls and other large complexes.

 

Council Member Ward verified that Town streets were exempt but that private streets, driveways and alleyways were not. He asked about credits for property owners who were doing significant things to keep stormwater on their property. Mr. Small replied said that this was being determined and that the staff would identify a pallet of possibilities to consider for credit. The rain garden at University Mall is a clear example, he said.

 

Council Member Ward suggested devoting time to determining the amount of impervious land and its impact on the system. He asked about the pros and cons of having this be a fee rather than a tax. Mr. Horton replied that a fee could be charged to institutional property owners who would normally be tax-exempt. Also, the fee is specifically related to imperviousness, he said. Mr. Horton pointed out that having a graduated scale was the fundamental idea behind the proposal.

 

Mayor pro tem Wiggins asked if the staff had discussed a budget that would cost less than $45 per unit. Mr. Horton replied that they had looked at other possibilities and had been persuaded not to cut it further. He described this as a reasonable level that would allow repayment of the investment and payment of certain costs now being paid by the General Fund. Mayor pro tem Wiggins verified that if the Town paid itself back at a slower rate that would impact the General Fund budget. She asked Mr. Horton if he would anticipate the fee going up on a regular basis. Mr. Horton replied that the rate could stay the same for four years.

 

Mayor Foy expressed concern about the overall taxpayer burden. It is 4.3 cents on the tax rate this year and possibly 8.1 cents next year, he said. Mayor Foy pointed out that the County was talking about imposing a $75 fee for solid waste collection. He suggested looking at the $45 fee together with those other costs. The Town needs $1.2 million to continue current services and to repay the General Fund, said Mayor Foy. He noted that about $200,000 was needed for the master plan, and that two new positions were being recommended.

 

Mayor Foy said he understood that the Manager was trying to put the utility on solid financial footing, but he proposed charging less than $45 the first year and increasing it gradually. Mayor Foy explained that he was not convinced that, without a master plan, the Town needed to set aside $300,000 in reserves. He asked Council members to consider the fiscal impact on the utility and the taxpayer if they did not have that, and Mr. Horton offered to figure that out. Mayor Foy explained that he supported establishment of the utility as well as the repayment and funding. He supported the master plan and the positions, he said, but "that is as far as I'm willing to go right now."

 

Council Member Strom agreed that it made sense to do the master plan, which he hoped would yield an ambitious approach to improving water quality, restoring urban creeks, and addressing bank erosion and sedimentation, he said. He explained that his goal was for the urban waterways in Chapel Hill to be removed from the EPA's list of impaired creeks and streams. Council Member Strom predicted that there would be more demand in future years than the $45 fee would be able to address. Mayor Foy's suggestion was reasonable, he said, adding that he'd like to see options for a lower unit cost.

 

Council Member Harrison remarked that there was a good basis for having the beginnings of a CIP fund, unless there was some other source of money. The Town would not need to spend it the first year, he said, but the Town does need to have some seed money to do projects when the master plan clarifies what they're needed. Mr. Horton commented that it the staff had known of another source of funds they would have brought it to the Council.

 

Council Member Strom stated that he understood that the money in the first year would go toward repaying the Town for expenditures that it had made over the past couple of years. So, in year two or three, those monies would be freed up for capital projects, he said. Mr. Horton noted that some costs would be staged in the first year. New employees would not be working a full year in the first year, for example. Mr. Horton agreed with Council Member Strom that a significant number of those funds would be available for capital or to establish reserves. He offered to bring back options that would show the effects of various levels of funding and reducing the fee proportionately.

 

Mayor Foy determined from Mr. Horton that it would be helpful to hear Council support for the base level that affects the General Budget. He then asked Council members if there was support for establishing a stormwater utility at a level that would, at minimum, provide for the $1.2 million that affects the General Fund. Mayor Foy asked for a resolution of support, explaining that the next step would be to determine the funding level. The minimum funding level in order to go forward as planned with the General Fund would be roughly $1.2 million, he said. Mr. Horton interjected that it would be higher than that because the Town would need to bill and collect, which would cost $50,000 to $70,000, at minimum. And there would be other incidental costs, Mr. Horton said. So the total amount would be more like $1.5 million to do a minimum level.

 

Mayor Foy noted that about $800,000 would be shifted from the General Fund to the utility from the current operations that General Fund pays for. There would be $400,000 that the utility would repay the General Fund for money that the Town had advanced, he said, and there would be other expenses that would have to be paid for out of general tax receipts if the utility does not pay for them. Mayor Foy repeated that it would be helpful for Mr. Horton to know whether the Council supports the utility at some level.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, THAT THE COUNCIL EXPRESSES SUPPORT FOR THE MANAGER'S PROPOSAL FOR THE CREATION OF A STORMWATER MANAGEMENT UTILITY AND THAT THE COUNCIL EXPRESSES SUPPORT OF AN EQUIVALENT RATE UNIT WHICH WOULD TARGET $1.5 MILLION IN REVENUES IN THE FIRST YEAR OF OPERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor pro tem Wiggins asked if Orange County would charge the Town $70,000 to collect this fee. Mr. Horton said that this was still under discussion. The staff believed that the County would need to add the equivalent of an additional full time person in order to manage all that is associated with this, he said. Mr. Horton expressed hope that the cost would be about $50,000, but said he expected it to be in the $50,000-70,000 range. Mayor pro tem Wiggins verified that it would cost the Town substantially more to do it themselves.

 

Item 8 - Annual Update to Consolidated Plan and Town Applications for the

2004-05 Community Development, HOME,

and Capital Fund Grant Programs

 

Loryn Barnes presented the Community Development, HOME and Capital Fund Grant Programs applications for 2004-05 HUD funding. She also requested that the Council authorized submittal of the 2004-05 update to the Consolidated Plan for Housing and Community Development Activities in Orange County in Chapel Hill. Ms. Barnes explained that activities proposed for these programs would serve households earning less than 80% of the area median income. She reviewed the various plans, including their funding sources and application due dates.

 

Joann Shirer-Mitchell requested that the Town Council reconsider their funding allocation for the Resident Activities portion of the Housing Capital Fund Program. She said that Council members had made their decision at their March 24, 2004 meeting based on incorrect information from the president of the Housing and Community Advisory Board and the director of the Housing Department. Ms. Shirer-Mitchell requested that the Chapel Hill-Carrboro Resident Council be given more time to work with the Housing and Community Advisory Board and the Housing Department. She explained that she wanted time to address the performance agreement and the current allocation of Residents Services funds.

 

Mr. Horton stated that Ms. Shirer-Mitchell had been referring to the section entitled "Proposed Use of Funds" on page three of the memorandum under Agenda Item 8d. If the Council wished to make an adjustment, the appropriate place would be to reduce the Airport Gardens portion, he said. Mr. Horton recommended doing so as a reserve, however, rather than taking a specific action this evening.

Mayor Foy verified that there was an unspent $28,000 from last year because the Town had not been able to agree on a performance agreement. He asked how Council members wanted to proceed, and Mayor pro tem Wiggins inquired about the specifics of the situation. Mr. Horton explained that the chair of the Housing Advisory Board had reported to the Town Council that the Residents Council leadership was no longer made up of public housing residents. The chair had discussed a problem of unsatisfactory programming as well, Mr. Horton said.

 

Council Member Greene, the Council's liaison to the Housing Advisory Board, expressed her belief that Advisory Board Chair Dudley's recommendation had been based on careful consideration and on the fact that the mission had strayed. Mayor Foy told Ms. Shirer-Mitchell that the Council would not change its position. He advised her to take the issue up with the Housing Advisory Board.

a.      Annual Update to the 2000-05 Consolidated Plan.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO ADOPT R-11. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE ANNUAL UPDATE TO THE 2000 – 2005 CONSOLIDATED PLAN (2004-04-26/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to submit the Annual Update to the 2000 - 2005 Consolidated Plan to the U.S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein, for a program of $711,000 of Community Development Block Grant funds and $905,336 of federal HOME Program funds by May 14, 2004.

 

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submittal of a Consolidated Plan to provide such additional information as may be required.

 

b.      Recommended 2004-05 Community Development Program.

 

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

 

 

A RESOLUTION APPROVING ACTIVITIES FOR THE 2004-2005 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2004-04-26/R-12)

 

WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive ideas from citizens about how Community Development Block Grant funds could be spent in 2004-2005;

 

NOW, THEREFORE, BE IT RESOLVED that based on the Town’s allocation of $711,000 of Community Development Block Grant funds, the Town Council approves the following 2004-2005 Community Development Block Grant Program Plan:

 

Public Housing $206,000

Renovation of Airport Gardens $150,000

Refurbishing Program $ 50,000

Playground Equipment $ 6,000

Neighborhood Revitalization $121,700

Orange Community Housing and Land Trust $100,000

Comprehensive Rehabilitation Program $100,000

Community Services $ 81,700

Chapel Hill Police Dept. Youth Programs $40,000

Family Resource Center $15,000

Cooperative Extension $13,700

YMCA $13,000

Administration $101,600

Total $711,000

 

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to carry out the program, including specific projects for use of Neighborhood Revitalization funds and conversion of Neighborhood Revitalization funds into grants for Land Trust projects, in accordance with guidelines in this memorandum.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to incorporate the 2004-2005 Community Development Plan into the Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submittal to the U.S. Department of Housing and Urban Development.

 

This the 26th day of April, 2004.

 

 

c.       Recommended 2004-05 HOME Program.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION APPROVING THE ACTIVITIES OF THE 2004–2005 HOME PROGRAM (2004-04-26/R-13)

 

WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive citizen comments and proposals regarding the use of $739,050 of federal HOME Program funds, and $166,286 of local matching funds for a total of $905,336;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill approves the following activities to be carried out by the members of the Orange County HOME Consortium in 2004-2005:

 

Rental Assistance HOME Consortium $236,431

 

Property Acquisition Town of Chapel Hill

Transitional Housing Program $125,000

Habitat for Humanity (Winmore) $125,000

 

Second Mortgage Assistance EmPOWERment, Inc. $100,000

Habitat for Humanity $ 80,000

Down Payment Assistance Orange Community Housing and

Land Trust (Pacifica and Winmore) $140,000

 

Infrastructure Development Habitat for Humanity $ 25,000

Administration Orange County Housing $ 73,905

TOTAL $905,336

 

BE IT FURTHER RESOLVED that the Council authorizes use of $54,145 of American Dream Downpayment Initiative funds for a County-wide second mortgage program.

 

BE IT FURTHER RESOLVED that the Council authorizes this plan to be incorporated into the Annual Update to the 2000-2005 Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submittal to the U.S. Department of Housing and Urban Development on May 14, 2004.

 

This the 26th day of April, 2004.

 

 

d.      Recommended 2004-05 Capital Fund Program for Public Housing Renovations and Resident Services.

 

COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION APPROVING AN ANNUAL STATEMENT FOR 2004-2005 CAPITAL FUND PROGRAM (2004-04-26/R-14)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Capital Fund Program Annual Statement, as described in the Manager’s memorandum to the Council dated April 26, 2004, and that the Manager is authorized to submit the Capital Fund Program Annual Statement to the U.S. Department of Housing and Urban Development (HUD), including compliance with the HUD policies, procedures and regulations required therein, for a program of $453,500 in Capital Fund Program funds.

 

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submittal of an Annual Statement and to provide such additional information as may be required.

 

This the 26th day of April, 2004.

 

 

Item 9 - Petitions:

 

a.      By the Mayor and Council Members.

 

Council Member Strom suggested that, rather than just hearing a presentation from UNC on Carolina North at the Council's May 5, 2004 meeting, the Council submit questions to UNC prior to the meeting. For example, he would like to ask for clarification on what the strategic objectives are for the entire Horace Williams/Carolina North program, he said. Council Member Strom stated that he also wanted to ask UNC what commitments for space had been made at Carolina North and to whom. He wanted to discuss the toxic waste site and to ask UNC about their plans for that, he said.

 

Council Member Strom stated that he'd like UNC to address speculation by some that the utility corridor runs through the waste site. And it would be helpful to understand what their financial plan is and how it interfaces with what needs to be invested in infrastructure, he said. Council Member Strom stated that these issues dramatically impact how he would respond to the plan. He apologized for not having had time to write the questions out and distribute them to Council members. Council Member Strom invited other Council members to add questions to his list and suggested having Mayor Foy write a letter to UNC asking them to be prepared with answers.

 

Mayor pro tem Wiggins questioned why Council Member Strom would need to know UNC's strategic plan before discussing Carolina North. Council Member Strom replied that his were reasonable questions that he thought many in Chapel Hill wanted answered. Mayor Foy commented that the meeting with UNC would be a good opportunity for the Council to ask any question they, or any members of the public, think is appropriate. He understood that Council Member Strom did not expect answers to his questions prior to the meeting, he said. Council Member Strom replied that it would be nice to get information on these issues before the meeting, but that he would ask his questions at the meeting. He thought that letting them know beforehand would lead to a better conversation, he said.

 

Mayor pro tem Wiggins emphasized that those questions should be from Council Member Strom then, and from any other Council member who wants that information. "They are not my questions," she said. Mayor pro tem Wiggins asked Mayor Foy to indicate in his letter which Council members were asking which questions. "Individual Council members should own their concerns," she explained.

 

Council Member Greene expressed support for the nature of Council Member Strom's questions. She would like the discussion to be focused on the practical realities of what is going to happen next in light of the fact that the airport probably will be there for at least the next couple of years, she said. Council Member Greene said that she wanted to hear answers to real questions about the likely changed reality and what it would take to make a new plan

 

Council Member Harrison expressed support for Council Member Strom's questions. It would be appropriate to hear about the uses at Carolina North and how they will impact fiscal equity issues, he said. Council Member Harrison remarked that he'd also like to know what kind of revenues the Town can expect, what kind of services they can be expected to provide, and whether or not Carolina North will be involved in the stormwater utility.

 

Council Member Kleinschmidt agreed with the idea of giving advanced notice on some questions. He had been planning to add the fiscal equity question himself, he said. Council Member Kleinschmidt commented that UNC probably would appreciate knowing in advance what some of the tough questions would be. If it's necessary to say who they are from, that's fine, he said. "Add me to all of them." Council Member Kleinschmidt stated that he had heard citizens ask all of the questions that had been suggested. So the Council should ask those questions, he said.

 

Council Member Verkerk asked to add a question about how Carolina North, through consolidation, would pull offices from many complexes in Town. This would have a tremendous impact on parking as well, she said. Council Member Verkerk cautioned, though, that providing a set of questions in advance could affect spontaneity. Mayor Foy commented that he thought it would be spontaneous. It would allow the University to be prepared to answer questions and engage in a conversation with the Town, rather than just making a presentation, he said.

 

Council Member Ward asked to hear UNC's latest thinking regarding the Horace Williams Airport being there. Are they thinking that the airport and Carolina North will be there together, or will it be one or the other until they find an alternate site? And what kind of process are they undertaking or initiating to find an alternate location for AHEC and other University airport needs, he asked. Are they pursuing a location in an adjacent county, and are they expecting help from the Town? Council Member Ward also asked for information on what was going on with the legislature and what the University was doing to further that effort.

 

Mayor pro tem Wiggins expressed gratitude that Council members were willing to meet with UNC and pose questions, remarking that the Council's attitude had not always been that way. It seemed to her that Council Member Strom had been saying that some Council members needed answers to his questions in order to judge how they would respond regarding Carolina North, she said. Mayor pro tem Wiggins expressed resistance to any suggestion that the Council had a role in how UNC would implement its strategic plan. She said that she would like information from UNC on how their plan had been revised or changed in response to citizens' and Council members' comments and questions. Mayor pro tem Wiggins asked that this be part of the summary that UNC presents to the Council and that it be very specific, "point by point by point."

 

Council Member Ward cautioned against limiting the University and suggested allowing them to give whatever presentation they wanted rather than asking them for a condensed version. Council Member Harrison suggested that written, graphic materials would help the presentation. He agreed that the Council's questions reflected citizens' concerns. He had not thought of any questions that he'd not heard other Council members ask, he said, adding that this was why he would like to see UNC's presentation.

 

Mayor Foy suggested that he draft a letter and send it to Council members to make sure that it accurately reflects tonight's discussion. Council Member Greene commented that tonight's discussion reflected the fact that UNC is not just any developer. She pointed out that this plan would impact everyone's life. It's fair to wonder what the scope of it is, what the plans are, and what the strategic objectives are, she said.

 

UNC representative Linda Convissor pointed out that there was a letter from UNC at Council members' places clarifying UNC's position regarding the Horace Williams Airport. Ms. Convissor expressed appreciation for the Council's conversation. It is always good to know ahead of time, she said.

 

The meeting adjourned at 9:19 p.m.