SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, MARCH 6, 2006, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Laurin Easthom, Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Bill Thorpe, and Jim Ward.
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, Planning Director J B. Culpepper, Traffic Engineer Kumar Neppalli, Planner Adam Schaefer, Urban Forester Curtis Brooks, Library Director Kathleen Thompson, Parks and Recreation Director Kathryn Spatz, and Town Clerk Sabrina Oliver.
Item 1 – Ceremonies: None.
Item 2 – Public Hearings: None.
Item 3 – Petitions
3a(1). David Clapsadl regarding Parking on Roundhill Road.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(2). Gail McIlwain regarding UNC Feasibility Study for Mason Farm Road.
Ms. McIlwain, representing the Mason Farm Road Neighborhood Association, said the University had begun its feasibility study for the widening of Mason Farm Road. She said the University had assured them that Mason Farm Road would remain a neighborhood road. Ms. McIlwain said because they were concerned that plans made for the widening would become public too late for effective input, she was petitioning the Town to do the following:
Council Member Greene said she was not clear who had asked for the feasibility study, but she wanted to point out that the Kings Mill/Morgan Creek neighborhood was also affected by the widening project. She said before she became a Council member she had petitioned the Council to add that neighborhood to the feasibility study.
Mayor Foy noted that the Town was not preparing the feasibility study. Mr. Horton replied that was correct, but they would obtain the best information possible and report back to the Council.
Mayor Foy said when that report came back, the Council could discuss whether or not to ask the University for something specific regarding the Kings Mill/Morgan Creek neighborhood. Council Member Greene said she believed that neighborhood should be included in the study because of the impact the widening would have.
Council Member Harrison stated he did not know that this was a University study, because such studies tended to be DOT studies. He said staff needed to determine who was actually doing the study.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND THE ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(3). UNC regarding a Request for Expedited Review of a Special Use Permit on UNC Park and Ride Lot at the Chapel Hill Bible Church.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND THE ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(4). Community Leadership Council regarding a Request to Appoint the Mayor and Town Manager to the Community Leadership Council.
Robert Dowling, Interim Co-Chair of the Community Leadership Council (CLC), explained their group was a follow-up to the Council on a Sustainable Community. He said the Council on a Sustainable Community had three primary goals, environmental protection, social equity, and economic prosperity.
Mr. Dowling said the CLC had a diverse membership made up of elected and appointed leaders from business, civic, non-profit, university and government sources. He described a planned inter-city trip to Madison, Wisconsin and invited the Council and professional staff to attend.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, TO APPOINT THE TOWN MANAGER OR HIS DESIGNEE TO THE COMMUNITY LEADERSHIP COUNCIL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(5). Jill Blackburn regarding Assistance to the Coker Hills Neighborhood Association with Costs Associated with Sending Notices of the Neighborhood Conservation District Survey to Property Owners.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Announcements by Council Members.
Council Member Easthom announced that El Centro Latino would be offering informal coffee sessions to discuss local Latino issues beginning March 9th at 4 p.m., and the Council had been invited to participate.
Item 4 – Consent Agenda
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 5 – Information Reports
Information reports were accepted as presented by a consensus of the Council.
Item 6 – University of North Carolina Development
Plan Semi-Annual Report
Town Manager Cal Horton thanked Mr. Runberg and other University staff who had responded immediately when there was a problem on Pittsboro Street. He said they gave the Town quick notice that gave us a chance to be involved in a manner that was prudent and helpful to the entire community.
Bruce Runberg, Associate Vice Chancellor for Facilities Planning and Construction, returned the thanks to Mr. Horton and the Town staff.
Mr. Runberg stated that the Town had requested that the University provide semi-annual updates on University development activity, including upcoming projects that would require a Development Plan Modification. He said included in the Council’s materials was a report that contained information regarding the status of Capital Improvement Projects completed, under construction, and projects under design. Mr. Runberg noted that the OI-4 zoning had worked well and had helped them meet deadlines for the State. He said the OI-4 review process had been critical in allowing them to carry out that program in a timely manner.
Mr. Runberg noted that the UNC Health Care System administered it own capital projects, and on its behalf offered an update on the construction of North Carolina Cancer Hospital. He said early site work had begun that included the cancer hospital, a physicians office building, and a new bridge that would connect the parking lot to the main hospital complex. Mr. Runberg said the next phase would include the foundations for the project.
Mr. Runberg presented a PowerPoint program and pointed out the key highlights of the report. He said the University’s capital project amounted to $1.8 billion for close to 150 projects. He said about one-fourth of the projects had been completed, about 50 percent were under construction, and about 25 percent were in the design phase. Mr. Runberg noted the recent contract awards and recent contract completions, and displayed several slides of current projects on the campus
Mr. Runberg said they had been working for the past year and a half to update the Campus Master Plan, and it was an important document that guided them. He said based on some of information obtained through the update, they were currently developing the third update of the Development Plan that would be submitted to the Town later this month. Mr. Runberg stated that Anna Wu would provide a preview of the projects that may be included.
Anna Wu, Director of Facilities Planning and Construction, and the University’s architect, provided some detail regarding the projects that were planned to be included in the University’s Development Plan modification. She exhibited a map that indicated the locations of the projects being considered. Ms. Wu said what had originally been planned were research buildings, a new chiller facility, and a 1,600-space parking deck. Ms. Wu said they had stepped back and taken another look at the parking capacity in the center of that site, and would be bringing forward in the next modification a plan where they would replace the Bell Tower surface parking with a parking structure, create a new larger landscaped area in front of the Kenan Football Center, and propose to relocate some of that parking to some additional levels of the existing Craig Deck.
Ms. Wu exhibited additional slides and pointed out the locations of projects in different areas of the campus. She described some of the projects and the purpose of each. She said that their long-term capacity on campus remained limited, so they continued to plan remaining sites carefully. Ms. Wu said they did anticipate submitting the third modification to the Council in a couple of weeks, and at that time would bring much more detail regarding these projects.
Council Member Greene asked to what extent the University planned to modify Davie Hall. Ms. Wu said they were considering demolishing it. She said there was an opportunity to push that building back and continue the sidewalk on the north side of Cameron Avenue into the wisteria arbor at the Arboretum. Ms. Wu said as a facility for the Department of Psychology the building was at the end of its useful life.
Council Member Easthom asked for a brief description of the status of the Arts Common. Ms. Wu responded that they had the funding for the first building, called Phase 1A, which was a new building for the Music Department. She said the first phase would address the teaching aspects, so it would contain faculty offices, classrooms and a large rehearsal space. Ms. Wu said the site development permit for both phases of that project would be submitted in a few months, with construction planned to begin in October.
Council Member Easthom asked what the current status of West House was. Ms. Wu replied that the demolition of West House had been approved by the UNC Board of Trustees for Phase 1A, and they anticipated that demolition to take place in October.
Council Member Easthom asked if there was any hope of saving West House. She noted that the cost of the Arts Common was $29 million and it would cost $500,000 to move West House, which was only 1.7 percent of that cost. Council Member Easthom said West House was an “architectural gem” and that she hoped the University would reconsider its demolition.
Council Member Ward asked for clarification regarding item #17 of the CIP report, which was the Women’s Softball Field. He said the report indicated it was to be completed in February of this year, and an important part of what the University had agreed to was the paved bicycle and pedestrian connection. Council Member Ward asked how that fit into the articulation of this as a completed project. Ms. Wu responded that the work was planned for this summer because the area was now too wet.
Council Member Ward asked for more information regarding the mass transit terminus. He asked which buildings would be placed at that critical area. He said he wanted to make sure the University was allowing room for that terminus to be built. Ms. Wu replied that the building sites around that location did maintain the alignment to allow the terminus to be built.
Council Member Ward asked about the status of underground parking as part of the Morehead Planetarium upgrade. Ms. Wu said that was still a part of the vision and not a part of the project.
Mayor Foy asked what was meant by references to the South Columbia Street improvements and South Road improvements. Ms. Wu said those referred to pedestrian safety improvements from Manning Drive to South Road, and reminded the Council that the South Columbia Street improvements were a stipulation in the current Development Plan. She said they had identified the funding and anticipated design to begin in the next few months. Ms. Wu said they had identified a bus lane and two lanes of traffic, and would narrow the street on the west side. She said they had identified areas where they could establish some planting strips and move the sidewalk back.
Mayor Foy asked if the Council had seen what that would look like. Ms. Wu said they had met with Town staff about that. Mayor Foy said he was having difficulty envisioning it, although he knew it would be an improvement. Ms. Wu said the intent was to continue to channel pedestrians to the signalized crossing. Mayor Foy asked if South Road was similar. Ms. Wu said as part of this project they were designing a bridge to cross South Road to allow pedestrians to traverse from North Campus to the medical complex. She said they had also planned some plantings and traffic calming.
Mayor pro tem Strom asked what the timeline was for development of the Arts Commons. Ms. Wu said the only funding they currently had was for the Phase 1A. She said construction funding for the remainder of the Music Department was included in their current CIP requests, and they did not have committed funding for Phase 1B. Ms. Wu said it was important to remember that they were making sure they could improve the pedestrian path around the Porthole Alley.
Council Member Harrison said he was curious about the addition of a bus lane on South Columbia Street, and asked exactly what they were describing when they called this a “bus lane.” Ms. Wu responded it was a 14-foot wide lane but was not a bus pull-off. Council Member Harrison asked if it would be signed for buses only. Ms. Wu responded they were in the concept stage and did not have a design as yet. Council Member Harrison said he believed this would be the first of its kind in the Triangle.
Council Member Greene asked Ms. Wu for an update on the Mason Farm Road project. Mr. Runberg said this question had come up in September of 2005, and he had responded to that by sending a letter to the Town. He said that letter indicated that the NCDOT was conducting a feasibility study that was originally requested by the Health Care System some years ago. Mr. Runberg said that NCDOT had asked for some information from the University regarding traffic numbers and that had been provided. He said other than that, he had no additional information.
Mr. Runberg said their thinking in terms of the Master Plan update was that it would be best to use the two existing lanes of Mason Farm Road and then add two lanes to the north between the existing road and the student family housing. He said that was one of the original three schemes discussed, and currently made the most sense to them in terms of how to approach redesigning that road. Mr. Runberg said NCDOT was still in the study phase, and he did not know when to expect the feasibility study to be completed.
Council Member Thorpe suggested that the Town should follow up with NCDOT and not wait for them to complete that work. He said he would hate to see all of the new construction taking place with no way to get to it.
Mr. Runberg offered the Council a one- to two-hour windshield tour of the construction, and also the opportunity to tour some of the buildings under construction.
Item 7 – Streetscape Master Plan
George Cianciolo, Chair of the Streetscape Committee, first offered thanks to two Town employees, Curtis Brooks and Emily Cameron, for their participation and hard work. He also thanked the members of the Streetscape Master Plan Review Committee, noting their many hours of meetings and work on this project.
Mr. Cianciolo said the Committee began meeting in October of 2005 and had met twice each month since then. He said the Committee’s early work was spent reviewing the existing Master Plan, and touring the downtown both during the day and at night to visualize first hand the successes or failures of various components of the existing Master Plan.
Mr. Cianciolo said the Committee had reached the following conclusions:
Mr. Cianciolo said the Committee was submitting the following recommendations to the Council:
Adopt design guidelines for Rosemary Street until the Master Plan is revised:
Mr. Cianciolo said the second part of the Committee’s work was identifying ways that the existing $500,000 of Streetscape Bond Funds could best be spent. He said the Committee’s suggestions and recommendations were:
Mr. Cianciolo noted that all of these recommendations had the support of a strong majority of the Committee. He said it should be noted, however, that the Downtown Partnership, through its representative on the Committee, felt that the Committee’s recommendation #4 should have been the top priority.
Council Member Kleinschmidt said the first recommendation was to revise the Master Plan and rethink the planning for the west end of Franklin Street. He asked if that meant lighting and retaining right-of-way, or was something else meant by that. Mr. Cianciolo replied that they were recommending revising the existing plan, but they had not felt that the Committee had the expertise to recommend a design. He said it might be appropriate to hire someone with that kind of expertise, suggesting that perhaps the designers of Lot 5 might participate.
Council Member Kleinschmidt said the idea of having a turn lane all the way down Rosemary Street might be a competing factor, stating that having on-street parking or a turn lane or safety for bikes or other things would make it difficult to all come together. He said one of the things that seemed the least supportable was to have a continuous turn lane. Mr. Cianciolo replied that this had been discussed in some detail with Town staff, and if you take into account the various intersections and where there would be major development, then it was possible to have a turn lane the entire length of Rosemary Street.
In terms of on-street parking, Mr. Cianciolo said you could have a design where that might work in some locations, although you would lose the wide outside lane. He said the feeling was that by narrowing everything down, you would slow the traffic, and this type of design would slow the traffic and allow bicyclists to more safely use that street. Mr. Cianciolo said cut-outs, where drop offs could be made, would not be widespread and would be placed only where feasible.
Council Member Kleinschmidt said he would like to see them everywhere, noting he believed the safest part of Rosemary Street for pedestrians was where there was on-street parking on both sides and plenty of people around. He said he would rather see cut-outs everywhere than a continuous turn lane.
Mayor pro tem Strom asked the Manager about the size of the Streetscape future bond allocations, and the time limit faced in spending those funds. Mr. Horton responded he would bring that information back to the Council.
Mayor pro tem Strom thanked Mr. Cianciolo for the Committee’s work, noting that the Town had very few dollars with which to accomplish a lot of work. He said he generally agreed with the Committee’s recommendations but was not sure about spending any funds on University Square area now. Mayor pro tem Strom said he was concerned about pushing to spend lighting money now prior to having a lighting plan or having more information about lighting. Mr. Cianciolo said the Committee’s intent was to provide lighting subsequent to a lighting plan.
Mayor pro tem Strom said he approved of the recommendation regarding way-finding, but did believe it was a discipline that unfortunately had been missed in the entire community. He said there were some good opportunities downtown to get that started. Mayor pro tem Strom stated that when the Council was talking with a public arts consultant regarding the redevelopment of Lot 5 and the Wallace Deck, it found that the public artist involved with the program had thought a lot about landscaping downtown in a coherent way. He said this was an opportunity to think beyond pedestrian and safety amenities, and to bring someone in that had a landscape and public arts discipline to make suggestions. Mayor pro tem Strom said he would be interested in considering bringing someone into the process with a landscape/artistic discipline
Mayor Foy remarked that he endorsed that idea, noting it was not necessarily the public art aspect of it. He said the public artists they had interviewed for the Lot 5 and Wallace Deck processes were landscape artists, and the art aspect of this was a refinement of the landscape design. Mayor Foy said what they were talking about was a landscape design in an urban setting, and he believed that was the type of advice we needed. He said these two streets, Rosemary Street and Franklin Street, were premiere streets, and the Town needed to get premiere people to help figure out how to design them to the best possible standard.
Council Member Ward stated he supported that idea as well, noting the Town streetscape was a huge canvas that could be so much more than utilitarian. He noted that it would help with way-finding and with becoming an emblem of the community. Council Member Ward said there were things that did not cost more money that could be done, and he believed we needed to go beyond the current type of standard to something that could embellish the downtown area.
Council Member Ward said Mr. Cianciolo had described an eight-foot walkable pedestrian space, and asked what they were defining as “walkable.” Mr. Cianciolo said they were talking about actually having sidewalk, which might be brick or cement, that was all sidewalk and not obstructed with such things as planters.
Council Member Ward asked if they would consider a sidewalk walkable if a door opened out into it. He said there were concerns that scenario could exist. Mr. Cianciolo said perhaps in those locations the sidewalks should be wider than eight feet. Council Member Ward said that to move to 14-foot-wide sidewalks as we allow taller buildings would facilitate free access to pedestrians, support sidewalk dining and other activities. He suggested keeping that in mind when looking at right-of-way acquisition.
Council Member Easthom asked how far along the Transportation Board was in their study of recommendation #6 regarding way-finding. She said that recommendation was included under implementation of the bond funds and if the Town had to spend that money by the fall, then did this recommendation apply to actual signs that could be placed. Mr. Cianciolo responded that what the Transportation Board and the Chamber of Commerce was doing in concert with Town staff was street signage and perhaps some informational signs, but not what he would define as way-finding. He said he envisioned way-finding as getting people from one place to another with natural flows and without having to look for a lot of directional signs. Mr. Cianciolo said what the Transportation Board and the Chamber of Commerce were doing would be helpful, but it might be wise to have someone look at the total picture to see how the Town was going to move people downtown, especially as Rosemary Street and the University campus was developed.
Council Member Easthom asked, in terms of having funds to purchase the signs, if that was why that recommendation was placed in that section. Mr. Cianciolo said if everything was done on their list, there would not be enough funds. He said there were areas where you might be able to save money, such as not hiring a consultant, and they had attempted to keep their recommendations in priority order. Mr. Cianciolo said if you were frugal and could use some existing resources, you would most likely be able to get far down the list of recommendations before giving out funds.
Mayor Foy said he had noticed signs for the Visitors Center, and believed there should be a coordinated effort in that regard. Mr. Horton responded that they had been managing that work.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 8 – Follow-Up Report on Chapel Hill Museum
Mr. Horton remarked that due to a miscommunication, the Chapel Hill Museum did not receive notice or the materials for tonight’s meeting in a timely manner. He said the Museum might want to consider asking the Council to defer this item to the next meeting, but if they felt comfortable continuing tonight the staff would be happy to do that.
Mr. Horton stated that the Council received a petition in January from the Museum requesting a new 10-year lease on the property known as the Old Library. He said the staff recommendation should the Council decide to renew or extend the lease would be to extend it for five years, but provide for review at the end of the third year. Mr. Horton said if that review at the end of the three years was favorable then the lease could be extended for another five years. He stated that if that review was unfavorable, then a two-year notice could be given for expiration of the lease.
Mr. Horton said they also recommended that the Council retain the provisions for early termination upon 180 days notice in case the Town’s needs changed in an unforeseen manner. He said if the Council determined it was in the Town’s best interests to terminate the lease and recover the building for other purposes, he recommended that they be allowed to negotiate a specific termination date with the Museum to allow them to plan their 2006 calendar of events.
Mr. Horton said if the lease were terminated, they recommended that consideration be given to using the building as office space, particularly for the Parks and Recreation Department, with some space dedicated to community meeting space.
Stephen Rich, Chair of the Chapel Hill Museum, said he was a member of the Historic District Commission and had received notice of this meeting through that venue on Wednesday, so he was ready to move forward tonight.
Mr. Rich said he believed the Museum had been an ambassador for the Town for many years, and was frequently the first place visitors sought out when coming to Town. He said they had approximately 10,000 visitors each years, with 3,000 of those being grade-school children who go through the Fire Safety Program and the North Carolina History Program through the Paul Green Program. Mr. Rich said they had an active and supportive board, and requested that the Town consider their lease on the Old Library.
Donald Boulton provided a brief history of the Museum and the reasons and purposes behind its creation. He said he hoped the Council would continue to support the Museum, which belonged to the entire community.
Milton Heath said for most of his life he had lived within two blocks of the Museum site, and he would like to see it remain. He said it was a good match for the neighborhood, noting the traffic it generated was tolerable. Mr. Heath encouraged the Council to accept the lease proposal and allow the Museum to remain.
Mayor Foy asked Parks and Recreation Director Kathryn Spatz for clarification of a statement on page 34 of the materials, which said “Staff from the Public Works Department have been working with our Department to prepare a Capital Improvements Program (CIP) project to replace the existing structure on Plant Road. The estimate in current year dollars is roughly $3 million.” He asked if that was the cost of replacing the existing building on the same site. Ms. Spatz responded that was correct, adding the $3 included providing adequate office space and storage space. Mayor Foy asked if the existing site was a desirable location. Ms. Spatz replied she did not believe so, noting they were located at the end of a dead-end road and she believed the offices should have a higher profile.
Mayor Foy said the Parks and Recreation Department would like to have use of this building, but asked Ms. Spatz if the Old Library would be her choice for a location. Ms. Spatz replied the ideal would be to have administrative offices at one of the community centers, but there was no room. She said from an administrative and management perspective she would prefer to be on site.
Council Member Ward said he did not believe anyone thought that the Museum was not a worthy part of our community. He inquired about the Town’s needs in terms of square footage, that is, how much space was needed for how many people, and what facilities were currently being rented. Council Member Ward said he knew that the Stormwater Division was in rental space, but wondered if there were others. He suggested remembering that rental fees were being put into rental space, and there was a cost to continuing the lease for the Museum.
Mr. Horton noted that attached to the Council’s materials was a report generated last year and provided for general information. He said the data in that report was still accurate, noting that space was leased for the Stormwater Management program and had not leased other space. Mr. Horton said it was possible that once the Town was able to occupy the Town Operations Center (TOC) it would be able to move the Housing maintenance function to that location, freeing up space in the current Housing building, which might be suitable for Stormwater Management. He said the result of that would be that for a short period of time the Town would not have to rent space.
Mr. Horton proposed that as Town operations grow, and as population increases and the Town has to add staff in order to facilitate the same level of service, more space will be needed for administrative functions. He said the staff was not able to make a projection for those needs as yet because a space study had not been conducted. Mr. Horton said we also know that meeting space is already in short supply, and that citizens like this building and others and make good use of them. He said without hiring someone to conduct a more sophisticated space study, the staff was not able to provide particular details. Mr. Horton said he believed it would be okay for a couple of years, but beyond that for the next 25 years it would be wise to preserve these buildings for ultimate Town use.
Council Member Ward asked about the amount of square footage that was currently being rented. Mr. Horton said the number was contained in the report, and he believed it was 1,100 to 1,200 square feet, at a cost in excess of $20,000 a year.
Council Member Ward said it sounded like the Town was going to need to have a space study conducted, and expressed an interest in pursuing that. He said he was interested in a five- to ten-year plan, especially if this facility was being looked at to serve some of those needs. Council Member Ward said that would allow the Council to more comfortably realize that if the Town signs a five- or ten-year lease that it would fit well with our needs for any additional square footage for other Town operations.
Council Member Ward said he would like that request to be a Council goal, and determine when such a study could be conducted and how it would be funded.
Council Member Greene reminded the Council and public that several months ago the Council decided in principle to work towards granting a preservation easement for the Old Library building to Preservation North Carolina. She said the Historic District Commission was pursuing that and she believed at their meeting this week they would decide exactly what should be included in the easement and then bring that back to the Council.
Council Member Greene said that easement would mean that the building was preserved in perpetuity. She said the easement could be modified in various ways to seek different uses if the Town or someone else owned it, but the fundamental purpose of preserving the architecture would remain intact.
Mayor pro tem Strom said that Council Member Ward had requested several times to have a square footage inventory, and agreed that the Council needed to begin looking at that carefully. He said he was ready to support the extension of the lease with the Museum for use of the Old Library, but could not support it without certain stipulations and a certain clarity from the Council as to what our expectations were from the Museum program.
Mayor pro tem Strom said extending the lease for five years with a three-year review and the 180-day notice of termination all made sense to him. He said he thought there should also be some measurable standards regarding the performance of the Museum and how that performance related to the Council’s goals, particularly for the downtown. Mayor pro tem Strom said he realized that 10,000 people visited the Museum last year, and that might be a remarkable accomplishment for the Museum. But, he said, the Town was making an investment in the downtown and he wanted there to be a connection between what the Museum was doing and supporting the new retailers that would be going into the downtown economic initiative buildings. Mayor pro tem Strom said he did not know if that was taking place, but he wanted people visiting the Museum to be involved and active in the downtown.
Mayor pro tem Strom said he believed the Council should give the Manager some discretion to create some measurable standards and that the Council should ask for consistent, semi-annual reports for the first three years so that no one would be surprised at the three-year mark and expectations would not be disappointed.
Mayor Foy asked the Manager if the Council passed a resolution with measurable standards, would he be comfortable developing those standards. Mr. Horton responded that they would do their best and would work with the Museum in that regard to be brought back to the Council.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, THAT THE TOWN RENEW THE CHAPEL HILL MUSEUM’S LEASE FOR FIVE YEARS WITH A THREE-YEAR REVIEW, AND THAT SEMI-ANNUAL REPORTS BE PROVIDED.
Council Member Ward supported the motion, but commented that it had been said in the past that the Museum acted as a visitors centers, in that visitors come and use it as a way-finding oasis. He said that seemed natural to him, and suggested looking into co-locating the Visitor’s Bureau with the Museum. Council Member Ward said he believed that would be a way of “telling our story” and to excite visitors about the Town. He said it seemed like a synergy that would be beneficial to both parties and to the community. Council Member Ward said that was not a part of the motion, but if the motion passed then over the next five years he would like to explore that possibility, and he encouraged the Museum to consider that.
Council Member Easthom said she had taken her children to the Museum recently and she and they had really enjoyed it. She said she was supportive of a 10-year lease, but if the Council agreed to five she would support that.
Council Member Thorpe said he was also in favor of a 10-year lease. He said it was about protection of the community, and when the Council suggests moving the Parks and Recreation offices or any offices into that neighborhood it needs to look at what affect that would have. He said he would support the motion for a five-year lease, but if they were going to have measurable stipulations included then a 10-year lease would serve just as well.
COUNCIL MEMBER THORPE OFFERED A FRIENDLY AMENDMENT THAT THE LEASE BE RENEWED FOR 10 YEARS.
Mayor pro tem Strom asked the Manager to clarify that the term would be for five years with a five year renewal, but the second five year renewal would be determined at the end of three years. Mr. Horton said that was correct.
MAYOR PRO TEM STROM AND COUNCIL MEMBER KLEINSCHMIDT DID NOT ACCEPT THE FRIENDLY AMENDMENT.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mr. Horton said he would bring this issue back to the Council as quickly as possible, but it may take a month to six weeks to get this worked out.
Mayor Foy indicated that this would come back for the Council’s formal approval, but the Museum had the Council’s resolution that the Council supported it.
Item 9 – Land Use Management Ordinance Text Amendment:
Demolition by Neglect in Historic Districts
Mr. Horton said he did not believe a formal presentation was needed as the Council had considered this issue on several occasions. He said they recommended enactment of the proposed ordinance.
COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ENACTMENT OF ORDINANCE O-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 10 – Consideration of a Process for the
Selection of a Town Manager
Mr. Horton asked to be excused from this portion of the meeting so that he would not be present during the discussion. Mayor pro tem Strom excused the Manager on the Council’s behalf.
Mayor pro tem Strom noted that Mayor Foy was temporarily excused form the meeting and this issue would be better served if all Council members were present. He suggested that the Council take a two-minute break.
Mayor Foy stated that he had outlined in the memorandum his understanding of what the Council had decided in regard to the process for selection of a Town Manager. He said he believed what the Council needed to do now was to appoint the Search Committee and then resolve the issue in regard to confidentiality of candidates.
Mayor Foy said he had heard from three Council members who had agreed to serve on the Search Committee, Mayor pro tem Strom and Council Members Harrison and Thorpe. He said he would serve on the Search Committee as well. The Council approved the suggested membership by consensus.
Mayor Foy said the issue not resolved at the last meeting and which the Council had requested he work on, was the question of when did confidentiality of the names of applicants end and become public, if ever. He said he had received varying advice on that. Mayor Foy said he had spoken with Orange County Commissioner Barry Jacobs regarding this, noting Orange County was in the process of conducting a search for a new County manager. He said Commissioner Jacobs had shared what the County was doing, and they were leaning towards having a public process towards the end of the search.
Mayor Foy said after considering this and talking with various people, he suggested that the Town offer confidentiality to all applicants until the point where finalists were chosen, however many that might be. He said those finalists were the people who would be interviewed by the Council, and at that point the names would become public. Mayor Foy said then the public would have a chance to weigh in along with Town staff and others.
Council Member Harrison asked would we decide on the number of finalists over the course of the search. Mayor Foy replied that step 5 in his suggested process said that the Council would interview each finalist and establish an opportunity and structure for who those persons might be and then make a decision. He said the process called for the Search Committee to identify up to five finalists, but he did not believe we had to hold the Search Committee to a specific number. Mayor Foy said however we do that, candidates would have the option to withdraw at any point in the process and we would respect their confidentiality.
Council Member Harrison said he believed it was too early to have a set number of finalists indicated. Mayor Foy agreed, stating that it was meant to be a limited and manageable number.
Council Member Kleinschmidt clarified that at the point when confidentiality of finalists becomes an issue, it would not necessarily mean that every engagement with the finalists would be done in an open setting. He said he wanted to make it clear that at that point everyone would know who was being considered. Council Member Kleinschmidt said there was a place for public input, but there was also a place for non-public discussions because of the nature of the hiring process and the relationships that the Town was attempting to build at that point. He said whoever the finalists were, one of them would become the new Town Manager and the Council’s relationship-building would begin well before the hire. Council Member Kleinschmidt said he wanted to make sure that was the intention.
Mayor Foy said that was a good point and he would ask the Town Attorney to make sure that was a correct assumption. He said when the Council interviewed a candidate it could be done in private. Mr. Karpinos responded that was correct, that the Council could conduct the interviews in closed session.
Mayor Foy said what the Council meant by the public process was that you could not have interaction of these candidates with Town staff, department heads and citizens unless everyone knew who they were, and that was what the Council was trying to balance. He said the question was how to get the organization and the public to feel comfortable being part of the process. Mayor Foy said that was a decision for the Council to make, but the Council wanted more input than just its own judgment.
Council Member Harrison asked what the open meeting status was of the Search Committee. Mr. Karpinos responded the Search Committee would notice its meetings, and when the meeting was called to order it would move into closed session. Council Member Harrison said then at the point that they received applications they would conduct closed meetings. Mr. Karpinos replied that was correct.
Council Member Ward said he wanted to include in the process that access to all the applications would be provided to the full Council with the thought that the perspective of the Council could be shared with those on the Search Committee to broaden the input they had among themselves. He included that the materials and applications should be restricted to an office in Town Hall and that Council members would use that office to review the materials and applications, with the reminder that confidentiality at this stage of the process was of paramount importance in order to get the most qualified candidates possible.
Mayor Foy said he did not object to that, and that the Search Committee would be well served by sharing information with the rest of the Council. With respect to the confidentiality of applicants, he reminded the Council to be very careful since this would be sensitive information. Mayor Foy said the applicants would be providing resumes and salary history, and it was important to remember the potential disruption in their personal and professional lives and that candidates were taking a risk. He said as long as they all recognized that, there was no reason why the full Council could not have access to the applications as long as safeguards were in place and we could assure applicants that our best was being done.
Mayor pro tem Strom said they could do their best, but there was no guarantee that Ms. Smith in XYZ town in Kentucky would not discover that a person was coming to Chapel Hill for an interview. He said they could not control all of the scenarios, and this information would be sought after. Mayor pro tem Strom noted the need to conduct significant, deep background checks and due diligence, and read the local papers in those communities as well as talk to people in those communities. He stated the Town could be as confidential as it needed to be, but when someone applied for the job the Town’s personal guarantee would not squelch a news story, because this would be highly desirable information.
Mayor Foy said in regards to Council Member Wards suggestion, he believed it was of value for any Council member to be able to review the Committee’s work and offer input. He asked if the Council was in agreement that at the end of the process, the finalists would be presented to the public in some appropriate manner that was in the best interest of the hiring decision. The Council agreed by consensus.
Council Member Easthom asked what other cities had used as an appropriate number of finalists. Mayor Foy responded five, because at that point there is a large commitment on the part of both the employer and the employee. He said between three and five was a reasonable number.
Mayor Foy said the first meeting of the Search Committee was scheduled for tomorrow at 3:30, but because of the 48-hour notice rule that meeting would be rescheduled.
Item 11 – Appointments: None.
Item 12 – Petitions
12a(1). Council Member Ward regarding a Space Needs Study.
Council Member Ward said this was a follow-up to his request that the Council consider the space needs study discussed earlier this evening. He said that included the question of what it would cost and who would conduct it, and asked for recommendations from the Manager as to how to proceed.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
12a(2). Council Member Thorpe regarding a Community Incident.
Council Member Thorpe said there had been an incident in this community several days ago that he considered to be a terrorist incident, and it was incumbent upon elected officials to bring these types of concerns forward. He was referring to the incident on the UNC campus where a former student drove a vehicle into a crowd of students. Council Member Thorpe asked that the Mayor and Manager investigate that incident and make sure that the Town was protected, and to consider that the Town may need to apply to the federal government for funds to be used for protection from such incidents. He said he did not want the Town to end up like Louisiana where the water was coming but no one spoke out. Council Member Thorpe said if this incident was designated by the government as a terrorist incident, then he believed the Mayor and Manager should pursue it further.
Mayor Foy agreed to do that.
The meeting was adjourned at 9:02 p.m.