SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, MAY 22, 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, Public Works Director Bill Letteri, Police Chief Gregg Jarvies, Finance Director Kay Johnson, Traffic Engineer Kumar Neppalli, Assistant Parks and Recreation Director Bill Webster, Forester Curtis Brooks, Mayoral Aide Adam Schaefer, and Town Clerk Sabrina Oliver.

 

Item 1 – Ceremonies:  None.

 

Item 2 – Public Hearings

 

2a.       Consideration of Extension of the Downtown Services District Boundaries.

 

Town Manager Cal Horton noted that as a matter of law, the Council would be required to make two adjustments: one that would extend the boundaries, and one that would make a reduction in the boundaries.

 

Finance Director Kay Johnson said an extension of the Downtown Services District boundaries was being considered to exclude single-family residences that were built for and intended as single-family residences or duplexes, and leave the remainder of the buildings as part of the District.  She said that would result in the future in the inclusion of mixed-use developments and residential multi-unit developments in the District.

 

Ms. Johnson said in addition there were some properties included in part in the District but extend partially outside the District. She said it was their recommendation that those properties be included in whole within the District boundaries.

 

Ms. Johnson said in order to make these changes the Council would be required to make two conclusions.  She said first, the Council would have to find that the area to be annexed was contiguous to the District with at least one eighth of the area’s aggregate external boundary coincident with the existing boundary of the District.  Ms. Johnson said that was the case in this instance.  Secondly, she said, the Council would have to find that the area to be annexed required the services of the District, and services could reasonably be extended to those additional properties.

 


2b.       Consideration of Reduction of the Downtown Services District Boundaries.

 

Ms. Johnson said they were recommending reducing the boundaries of the Downtown Services District to exclude University property previously zoned TC-1, but now zoned OI-4.  She said that property was located on the south side of East Franklin Street, just west of the University Methodist Church.  Ms. Johnson stated that they believed that the Council could make the determination that this property no longer needed to be included within the District, since it was not taxable property.

 

Linda Convissor, representing the University, requested that the Council keep the public hearing open to allow the University more time to consider the advantages and disadvantages of removing this property from the District.

 

Mayor Foy asked if that was the staff’s intention in any case.  Town Attorney Ralph Karpinos said it was their intention to leave the public hearing open until June 26.

 

Liz Parham, representing the Board of the Chapel Hill Downtown Association, said it was their opinion that their services were beneficial to the businesses that were on University properties, particularly those on the east side of Franklin Street.  She encouraged the Town to reconsider removing those properties from the District.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, TO CONTINUE THE PUBLIC HEARING TO JUNE 26.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 3 – Petitions

 

3a(1).   Iris Wadsworth regarding Nuisance Issues at 310 McMasters Street.

 

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

 

3a(2).   Berryhill Homeowners’ Association regarding Flashing Speed Limit Lights for School Zone.

 

COUNCIL MEMBER HILL 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(3).   Meadowmont Community Association regarding a Parking Ordinance.

 

Council Member Ward said he was familiar with this issue, which was the presence of bike lanes on collector streets.  He said he would like to have this referred to the Bicycle and Pedestrian Advisory Board for comment.

 

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY AND TO THE BICYCLE AND PEDESTRIAN ADVISORY BOARD.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

3a(4).  Transportation Board regarding a Board Member’s Term.

 

Council Member Harrison commented that the Transportation Board was requesting that Mr. Cho’s appointment be effective immediately rather than on July 1, to allow him to begin work with the Board now.

 

MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO APPOINT AUGUSTUS CHO TO THE TRANSPORTATION BOARD EFFECTIVE IMMEDIATELY.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Announcements by Council Members.  None.

 

Item 4 – Consent Agenda

 

Mayor Foy removed Item 4d, Request for Construction Time Limit Extension for Europa Office Building.

 

Council Member Greene removed Item 4g, Resolution Authorizing Contract and Related Services for Improving Pedestrian Safety on Fordham Boulevard between Manning Drive and Old Mason Farm Road.

 

Council Member Easthom removed Item 4h, Budget Amendment for Manager Search Expenses.

 

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-1 WITH ITEMS #4d, #4g, AND #4h REMOVED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 4d, Request for Construction Time Limit Extension for Europa Office Building.

 

Michael Brough, an attorney representing Alan Nester, owner of the Europe Office Building, asked the Council to approve the request for the time limit extension, and to remove the condition that caused the need for the extension in the first place.  He stated that condition was imposed when the permit was issued four years ago, and was not recommended by staff.  Mr. Brough said that condition stated that the project could not be occupied until the NCDOT Superstreet project was completed.

 

Mr. Brough said the Manager had noted in his memo that this meant not only could it not be occupied, but realistically they could not make a substantial start on the project until they know that the Superstreet was completed or near completion.  He said that condition had not only prevented the occupancy permit, but had prevented them from undertaking the project at all.

 

Mr. Brough said he believed this was the fair thing to do, calling attention to the timeline and the time it had taken to get the project moving.  He noted there was a precedent for this type of action, in that the Council had faced this situation in the past for another development.

 

Mayor Foy commented that he did not believe the Council could act on anything other than time limit extension tonight.  Mr. Brough commented he did not want to defer that, but wanted some indication as to whether or not the Council was amenable to removing the condition at the appropriate time.  Mayor Foy said he believed that part of the request should be referred as a petition to the Manager and Attorney for a response.

 

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-4a, AND TO REFER THE REQUEST FOR REMOVAL OF THE CONDITION REGARDING THE SUPERSTREET TO THE MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 4g, Resolution Authorizing Contract and Related Services for Improving Pedestrian Safety on Fordham Boulevard between Manning Drive and Old Mason Farm Road.

 

Michelle Natale said she lived within walking distance of the Botanical Garden and was unable to cross the street without fear for her life.  She said it was too dangerous to attempt on foot, and said she would like to see a solution so that those who lived in that area could fully enjoy what it had to offer.

 

Council Member Greene said that was a good example of what many of them had been trying to relate to NCDOT, in that just because no one was crossing that did not mean there was no demand for a crosswalk

 

Council Member Easthom asked if NCDOT would be involved in the Fordham Boulevard Safety Work Group being formed by the Council, since they would eventually have to approve any changes.  She said if NCDOT were involved, it would provide some assurance that changes could be implemented.

 

Traffic Engineer Kumar Neppalli said the consultants would be coordinating with NCDOT and discussing the recommendations with them before coming back to the Council.  He said the staff would prefer not to have NCDOT directly involved with the Work Group, noting that this was a citizen’s work group working at the Council’s request.

 

COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-6.  THE MOTION WAS ADOPTED UNANIMOUSLY    (9-0).

 

COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER WARD, ENACTMENT OF ORDINANCE O-2.  THE MOTION WAS ADOPTED UNANIMOUSLY    (9-0).

 

 

Item 4h, Budget Amendment for Manager Search Expenses.

 

Council Member Easthom asked if the $10,000 was in addition to the $35,000 already encumbered.  Mayor Foy said this $10,000 was for expenses associated with bringing candidates to Chapel Hill and other related expenses, and not part of the $35,000 for the consultants.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER THORPE, ENACTMENT OF ORDINANCE O-3. THE MOTION WAS ADOPTED UNANIMOUSLY  (9-0).

 

Item 5 – Information Reports

 

Council Member Ward removed Item 5c, Response to Petition regarding NCDOT Report on Investigations of Three Pedestrian Accident Locations.

 

Item 5c, Response to Petition regarding NCDOT Report on Investigations of Three Pedestrian Accident Locations.

 

Council Member Ward asked for input from Mr. Neppalli regarding specific data received from NCDOT about its pedestrian counts at the Old Mason Farm Road intersection, which it used to base its decision not to proceed further. He asked if that information was available.  Mr. Neppalli stated it was his understanding that NCDOT had not conducted a formal pedestrian count, but had used information submitted by the Town to make the recommendation to delay any improvements.  Mr. Neppalli said they were not denying the request, but were stating they did not recommend anything at this time.  He said that NCDOT was aware that the Council was forming the Fordham Boulevard Safety Work Group as well as conducting other studies.

 

Council Member Kleinschmidt quoted from the email received from NCDOT where it stated, “We recognize that Chapel Hill has plans for future pedestrian amenities and we will reconsider this at that time or in the project planning stage.”  He said that did not mean that the Town would be putting in sidewalks and invitations to cross without pedestrian amenities, and asked if NCDOT would reconsider this during the Town’s planning process.  Mr. Neppalli responded that it meant they were aware that the Council was forming the Fordham Boulevard Safety Work Group as well as conducting other studies, and wanted to wait for those recommendations before making a determination.

 

Council Member Ward stated, regarding the pilot crosswalk on West Franklin Street, that he was surprised by the number of obligations that were part of that improvement.  He said he was curious as to what the Town was thinking in regards to what it will do to increase the chances that there is a statistically significant reduction in illegal pedestrian crossings at that location, which appeared to be what NCDOT would want to be comfortable in leaving that pedestrian crossing.  Council Member Ward said he believed there was a great deal of frustration when people pushed the pedestrian crossing button and nothing happened, and he did not know how to make that more responsive so that people were encouraged to use them rather than crossing illegally, including any education or enforcement that might be necessary.  Mr. Neppalli said he would work with the Town Police Department and the State on that.

 

Mayor Foy asked if they knew what “statistically significant” meant, or was that up for discussion.  Mr. Neppalli said he was not sure, because right now the traffic signal for a pedestrian crosswalk was not warranted based on current State standards.  He said that wording was the standard wording normally used by the State, and it was up to the Town to connect the before and after studies, and then they would prepare the reports and make recommendations to the State.

 

Referring to the April 27, 2006 letter from NCDOT, Council Member Kleinschmidt asked how item six and seven would work together.  He quoted six as saying, “to remove the signal at no cost to NCDOT if a statistically significant reduction in illegal pedestrian crossings is not realized” and seven as saying, “NCDOT would assume maintenance of these installed devices only if a statistically significant reduction in illegal pedestrian crossings is realized or when the location meets the MUTCD warrants.”  He asked if it was possible that item six would disappear if the numbers were not met, and then the Town would do the maintenance.  Mr. Neppalli said they were currently negotiating items six and seven with NCDOT, noting they had not agreed to either one.  He said they had specifically stated in their meeting with NCDOT that the devices would become part of the State’s traffic control devices, and we would not consider maintaining them.

 

Mayor Foy thanked Mr. Neppalli for his hard work on this pedestrian effort that the Council had encouraged.  He said this was a long process, and thanked Mr. Neppalli for being patient and persistent and getting results.

 

Item 5d, Report on Chapel Hill Museum Performance Measures.

 

Mayor pro tem Strom commented on Item 5d, Report on Chapel Hill Museum Performance Measures.  He commended the outcome of the Chapel Hill Museum Performance Measures, stating they were exactly what the Council asked for and would be remarkably helpful as they proceed to support the Museum.

 

Information reports were accepted as presented.

 

Item 6 – Report from Martha Are regarding Chronic Homelessness

 

Council Member Greene called the Council and public’s attention to the posters on display in the lobby, noting they were produced by homeless women living in the Home Start facility.  She said this report was part of their ongoing conversation regarding homelessness in Orange County, and Ms. Are was speaking to the Council tonight because the Steering Committee was close to an important juncture.  Council Member Greene said the Ten Year Plan to End Homelessness initiative came from the federal government, and if you looked at the websites and other publications you see that they speak to chronic homelessness, which had a certain definition.  She said homelessness would not be solved in ten years, but they would do everything that could be done to improve the system.  Council Member Greene said she wanted the Steering Committee to be very deliberate about the decisions they made.

 

Council Member Greene said a packet of materials provided to the Council contained information regarding the HUD programs and what they emphasized, as well as a critique from a non-profit organization, which rightly pointed out that the federal definition of chronic homelessness referred to single men who had various drug dependencies, and that was a very particular group of people.  She said it left out women, families, and children, and that was not sufficient and they would like to see that definition changed.  Council Member Greene said for now, they had that definition, and she had asked Ms. Are to talk to the Council about the pragmatic pros and cons of how to shape the Town’s program to get the best results for all homeless people.

 

Martha Are, the Homelessness Policy Coordinator for the State Department of Health and Human Services, stated that HUD’s definition of chronic homelessness included all single people, all people who had disabilities, and people who had been homeless for at least a year, or who had repeated incidents of homelessness.  She said there were many reasons why the government had asked communities to address chronic homelessness, one of which she believed was because it was doable.

 

Ms. Are said the emphasis on chronic homelessness was based on the research about what worked not only to end chronic homelessness but to get the resources needed to reduce all homelessness.  She briefly described the articles provided to the Council regarding chronic homeless.  Ms. Are stressed that the chronic homeless population was unique in that 10 to 15 percent of that population consumed 50 percent of the resources dedicated for homeless programs.  She said part of the rationale for focusing on that group was that if you did something different with that 10 to 15 percent, it would free up 50 percent of your resources to put back into the rest of the population.

 

Ms. Are said that the chronically homeless were more visible than other groups, and that phenomenon had led to frustration and doubt that homelessness could be ended.  She said that 10 to 15 percent represented failure of the resources to provide a solution.  Ms. Are said that the donor base for funding of such resources was drying up because people did not trust that the programs were working.  She stated that one had to focus limited resources on the most visible aspect of the problem.

 

Mayor Foy stated that Chapel Hill was part of the Orange County effort to address homelessness, and he and Council Member Greene were the Council’s representatives.  He said that what they wanted the Council to do was to be comfortable with their efforts to target chronic homelessness.  Mayor Foy encouraged the Council to read the New Yorker articles on this issue if they had not already done so.

 

Mayor pro tem Strom asked if the Mayor was asking for approval of a resolution.  Mayor Foy said he was asking that the Council approve that Chapel Hill’s position was that the partnership to end homeless was a partnership whose emphasis should be on ending chronic homelessness.

 

MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, A STATED RESOLUTION THAT CHAPEL HILL’S POSITION WAS THAT THE PARTNERSHIP TO END HOMELESSNESS’ EMPHASIS SHOULD BE ON ENDING CHRONIC HOMELESSNESS.  THE MOTION WAS ADOPTED UNANIMOUSLY  (9-0).

 

Item 7 – Report Regarding Composite County-Wide Plan for Parks and Trails

 

Mayor Foy noted that the report had been provided to the Council by the Intergovernmental Parks Work Group, but no one from that group was present to make a statement.

 

Item 8 – Presentation by Professor Douglas Crawford-Brown

regarding Carbon Reduction

 

The Council learned that Professor Crawford-Brown would make this presentation on June 12.

 

Item 9 – Report from the Horace Williams Citizens Committee regarding

Environmental Resources Foundational Study

 

 

Mayor Foy stated the resolution under consideration had to do with how to handle the environmental resources on the Horace Williams tract.  He commended the Committee for its work, noting it would be helpful to the University and to the Council.

 

Council Member Easthom said the Committee had spent many hours on this particular effort.

 

COUNCIL MEMBER EASTHOM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-7, AND THAT THE REPORT BE REFERRED TO THE UNIVERSITY.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Julie McClintock, a member of the Committee, noted that the report contained a great deal of information regarding what to preserve and how to zone the property to minimize pollution on this tract.  She distributed a document that contained a map that showed the priority of parcels in the area that looked at how to mitigate and preserve the area around Bolin Creek.

 

Mayor Foy thanked Ms. McClintock and the Committee members for their work and for the detail that the report contained.

 

Item 10 – Report on Town-Sponsored Events Involving Large Crowds

 

Police Chief Gregg Jarvies said the purpose of this report was to respond to a request from the Council regarding the fiscal and social impacts of large-scale events managed by the Town.  He said they had focused their efforts on the eight events that brought the largest crowds:

 

Chief Jarvies said they had provided the fiscal impacts of these events as well as a brief history of each, the public safety concerns of each, and the social impact of each event measured through citizen comments. He said they also recognized the positive social impact of these events, which was one of the reasons they had recommended creating a citizens committee to provide more input to these events and their management.

 

Chief Jarvies stated that the proposals offered for consideration were intended as a foundation for further discussion, and believed that what was offered were legitimate options for consideration.  He said if the Council adopted the proposed resolution to appoint a special committee of citizens, they recommend that the committee report back to the Council on a public forum to be scheduled on September 6 and that the Council make a decision prior to the Halloween event.

 

Chief Jarvies said any discussion of altering or canceling any of these events would raise concerns based on the history of their enjoyment or their social and/or financial impact, and expect many and varied opinions on each of these events.  He said they also believed there were a specific set of public safety concerns that they were obligated to raise.

 

Chief Jarvies said he had seen these events grow in scope and in size.  He said any time you had a large event you inherently faced the hazards of mass gatherings.  Chief Jarvies said they believed that many of these events could become smaller or more local in flavor.  He said some events, particularly Halloween, if allowed to continue in its present form, would present public safety challenges and management opportunities.

 

Delores Bailey, Director of EmPOWERment, Inc., said she was speaking tonight as a member of the community.  She said she was concerned about safety, and how the Council would address large crowd gatherings in the downtown.  Ms. Bailey said, as she looked at the events she saw a possibility of the continuation of Apple Chill in a smaller setting away from the downtown.

 

Ms. Bailey wondered if the Town had known in January that three people would be shot at Apple Chill whether it would have eliminated the event then, or waited until after the event.  She asked, since the crowds attending the Halloween event had grown, as well as the expense for its management and the number of arrests, wasn’t that enough to consider eliminating that large gathering?  Ms. Bailey asked when they would draw the line.

 

Ms. Bailey said she realized it was hard to stop the spontaneity of large crowd gatherings, but the Council at this point should consider doing something drastic.

 

James Allred, UNC Student Body President, urged the Council to do everything possible to preserve the strong culture of Chapel Hill.  He said there were few opportunities that allowed for the permanent residents of Chapel Hill to mix with the student population, and he hoped that as the Council moved forward with this that they would consider working with the University to keep these events in place.  Mr. Allred promised support in helping to mitigate the risk and improve student behaviors.

 

Mayor Foy said one of his concerns about establishing a committee was that the students were out of Town for the summer.  Mr. Allred said they’d had the same thought, but there were students now on campus who were interested in serving and he would forward their applications to the Council should they decide to form a committee.  He asked that the Council seriously consider these student applicants and consider the valuable role students could play on the committee.

 

Joy Preslar said she was concerned about the possible further cancellation of street events.  She said she was concerned that the recent violence after Apple Chill had been tagged on to the fair as its cause. Ms. Preslar said she believed that even if the Town attempted to cancel Halloween, people would still come, so the infrastructure needed to be in place.  She noted that spontaneous street gatherings after a victory over Duke would continue, and the Town should be prepared.  Ms. Preslar said attempting to cancel these types of events without leaving the infrastructure to handle them in place would be a mistake.

 

Laura Cole said the cancellation of Apple Chill bothered her deeply, since it had been done without public comment.  She said she believed the spirit of the Town had been disregarded.  Ms. Cole stated that although safety was the primary topic, the path appeared to be consideration of canceling the craft fairs rather than NCAA events that would potentially attract the most safety concerns.  She said the craft fairs themselves attract no violence.  Rather, it was the after fair events that caused the problems and were unfairly attached to the craft fairs themselves, said Ms. Cole.

 

Ms. Cole said it seemed to her that if safety was the primary concern, then the Council should be looking at events that generate safety issues, not at craft fairs.  She said if the Council had initiated marshal law for Halloween, why not consider doing that for other events.  Ms. Cole also suggested reinstating Apple Chill and moving it to another location, such as a local high school.

 

Mayor pro tem Strom commented that he had no interest in considering eliminating the spontaneous celebrations after a UNC victory, and wanted to leave those celebrations as they are.  He asked Chief Jarvies to describe what the Town would need to do to hold the Halloween event this year and make it safe for those attending.  Chief Jarvies said procedures would mirror what had been done in past years, including officer visibility, checkpoints throughout the Town (perhaps farther out than in past years), increasing pre-event publicity to encourage a safe celebration and to encourage that it return to a purely costume event.

 

Chief Jarvies said he believed the most important thing would be to publicize and enforce an ending time, noting that most problems occurred between 1:00 and 3:00 a.m.  He stated that during a recent Halloween event they had intended to end the event at 1:30 a.m., but too many people were still on the street for that to happen.  Chief Jarvies said a major brawl had then broken out in one area and they had been forced to clear the street in a way they never had before, which meant putting their hands on people and forcing them to move.  He said they would have to do a better job of enforcing the ending time, which might require more resources.

 

Chief Jarvies said otherwise, the tools were in place to manage this event.  He said because Halloween fell on a weekday this year he expected the crowd to be about the same as last year, around 50,000, as compared to a weekend that would draw up to 80,000 people.

 

Mayor pro tem Strom asked if they were looking for items at checkpoints that could be used as weapons, such as bottles.  Chief Jarvies said they looked for any kind of contraband, that is, anything that could be used as a projectile or a weapon.  He said, for instance, if someone comes dressed as a baseball player they would confiscate the bat.  Chief Jarvies said he believed these actions had led to a much safer event.

 

Council Member Kleinschmidt said he believed these methods had worked, and suggested setting an end time and posting signs downtown up to a week before the event to publicize that end time.  He said, if people knew ahead of time that 1:30 a.m. was the ending time, they would not be surprised when an officer approached them and encouraged them to leave.

 

Council Member Kleinschmidt said he believed the Police did a good job, and he believed that not only the downtown but the entire Town suffered when marshal law was imposed.  He said he did not believe that was the way to handle the event, and said that stepping up the Town’s other efforts would improve the event.

 

Council Member Kleinschmidt said when UNC won a close ballgame, the Town would not be able to keep people from celebrating in the streets, and he would not want to.  He said Mr. Allred and the Chief had a good idea regarding educating students, noting that the University could do that without the Town’s involvement.  Council Member Kleinschmidt encouraged Mr. Allred to spread that message.

 

Council Member Kleinschmidt said he did not want Chapel Hill to become like other nearby towns, and he encouraged the continuing of the street events as noted in the report.  He said he favored leaving things as they were, and did not believe the Town needed a committee to address the issue.

 

Mayor Foy said the Chief had proposed for Halloween what had been called a stricter law enforcement protocol.  He asked him to describe what they would do differently other than increasing the checkpoints.  Chief Jarvies stated that one of their philosophies had always been to arrest as a last resort.  He said they wanted a low-keyed event and that arrests incited the crowd.  Chief Jarvies said they could couple their pre-event publicity to include a description of what the police would do and what they expected participants to do to make it a safe celebration.  He said they had been relatively patient in the past by asking for cooperation from individuals, but stricter enforcement would require a heavier hand by taking more significant enforcement measures than in the past.  Chief Jarvies said large crowds at nighttime gain anonymity, and they would have to bolster their visibility to the crowd in order to retain control.

 

Council Member Hill said he would never consider preventing celebrations after a UNC victory, noting it was part of what made Chapel Hill unique and it was not worth considering.  He said he was in favor of holding Festifall at a different location, suggesting Meadowmont or Southern Village.

 

Council Member Hill said he believed street celebrations were part of the culture of Chapel Hill.  He said he would like to see Mr. Allred and the student body place more emphasis on actually celebrating Halloween by attending the celebration in costume.  Council Member Hill said that public safety was of paramount concern, but if the Town used that as its criterion what would happen to events such as football games.  He said they needed to look at ways to continue to deal with these events and preserve them.

 

Council Member Easthom asked, with regard to Halloween, how it would be possible to prevent such an event.  Chief Jarvies said it would be difficult but not impossible.  He said they would have to highly publicize that the event would not take place, and enforce a curfew and possibly halt alcohol sales, as well as other measures such as traffic control.  Chief Jarvies said it would conceivably take the same number of officers to prevent it as to actually allow it.  He said it would also entail curtailing all activities in the downtown enforced by the police.

 

Council Member Easthom asked, regarding Festifall, what the Chief’s theory was to why they did not have an after event then as they did after Apple Chill.  Chief Jarvies responded that he believed part of it was tradition, but practically and operationally West Franklin Street was more conducive for large gatherings.  He said the streets were wider, there were no brick walls to confine people, there was less traffic and more room to sit and socialize.  Chief Jarvies said he believed that was why other events, such as UNC celebrations, tended to spread out towards West Franklin because East Franklin was so confined.

 

Council Member Easthom said a smaller scale event like Apple Chill, perhaps about one-fourth the size, would be manageable then.  Chief Jarvies said most of these events had been small but had grown over time, and there were very few ways to keep the size down.  He noted that was a small part of the equation.

 

Council Member Easthom advocated for no change to UNC celebrations and no change to Festifall.  She said, regarding Halloween, she agreed that it should be continued as well, adding that it was a community event but it should have stricter enforcement protocol.

 

Mayor Foy said he believed the Council was in agreement not to take any action regarding UNC celebrations, and that Halloween should also be continued but with a higher level of enforcement protocol and advertisement of expectations.  Mayor Foy said he believed they should ask Chief Jarvies to bring back to the Council a more detailed plan so that everyone would be more aware of what would be done to handle the event more safely.

 

Mayor Foy said there were three additional items brought forward, one being Festifall, one an alternative spring event, and the third what to do about After Chill.

 

Council Member Kleinschmidt remarked that he wanted to go back to using “real” fireworks for the July 4th celebration, noting those that explode two feet off the ground were not enjoyable.

 

Council Member Harrison said regarding Festifall, he believed moving the event might be possible, but was not sure it would benefit by such a change.  He suggested leaving it where it was.

 

Mayor pro tem Strom said he, too, was okay with leaving Festifall where it was.  He said he was comfortable with the decision made to eliminate Apple Chill, and did not want to revisit that.  Mayor pro tem Strom said he was in favor of some sort of small arts fair that perhaps moved from neighborhood to neighborhood.

 

Mayor Foy stated that the staff’s suggestion for a spring fair was to have the Manager and the Parks and Recreation Commission develop an alternative arts and crafts show to be held in a public building with adequate parking, such as Chapel Hill High School, as a mid-year event.  He said he believed that was a good idea because the Town needed to try new things, and to start with a new local focus.  The Council agreed by consensus to proceed with that proposal.

 

Mayor Foy said in regards to After Chill, the Chief was saying that some unplanned event might occur at about the same time even though Apple Chill was cancelled.  He said the Council would want to hear from Chief Jarvies at the appropriate time about the measures his Department would take to address that.  Chief Jarvies agreed to do so.

 

Council Member Thorpe said he wanted to make it clear that the Council was not and would not consider reinstating Apple Chill.  He said he also wanted to make it clear that the events held downtown were Chapel Hill events and not meant for persons from outside the Town.

 

Item 11 – Report regarding Options for Proceeding

with Streetscape Master Plan


Public Works Director Bill Letteri stated that this report was provided in response to the recommendations presented to the Town Council on March 6, 2006 from the Streetscape Master Plan Review Committee.  He said the report included a Public Works Staff Report on Downtown Lighting that responded to a Council presentation on downtown lighting by Mr. Joe Capowski on March 27, 2006, and a petition to the Council on April 10, 2006 from Ms. Janet Kagan regarding a possible role for the Chapel Hill Public Arts Commission in revising the Streetscape Master Plan.

 

Mr. Letteri said the Review Committee’s report made a series of recommendations, both for additions and revisions to the existing 1993 Master Plan and for the use of the existing bond funds.  He said he wanted to focus on the four core recommendations, two of which address planning design issues and two that relate to immediate implementation for bond funds.  Mr. Letteri said they had presented these four recommendations in the form of resolutions:

 

Mr. Letteri stated that in regards to the Streetscape Master Plan process, the staff was recommending that this process be initiated and overseen by the Town Manager and his staff, with advice and assistance from the advisory board to be appointed by the Council.  With respect to Ms. Kagan’s petition, the Council may want to consider appointing a member or two from the Public Arts Commission to the advisory board.

 

In summary, Mr. Letteri said, the staff recommendation was for adoption of Resolutions A and B.

 

George Cianciolo, Chair of the Streetscape Master Plan Review Committee, stated that in regard to Ms. Kagan’s petition, the Review Committee agreed with the staff’s assessment that the process be initiated and overseen by Town staff, and that the Council appoint a Streetscape Advisory Board, similar in composition to the Review Committee, to assist and advise the staff and Council.  He suggested that rather than two persons from each advisory board, only one member from each board would be sufficient, with a designated alternate from each to cover absences.

 

Mr. Cianciolo said the Review Committee believed that the Public Arts Commission should play a significant role, but that the new Committee should be composed of representatives from many different constituencies, because this was about design as well as functionality.  He said businesses should have a prominent role as significant stakeholders, not only owners but operations as well.  Mr. Cianciolo said the University should have representation as well.

 

Mr. Cianciolo said they recommend adoption of Resolution C, although they were comfortable with Resolution A as recommended by the staff.  He said they also approve the recommendation for adoption of Resolution B.  Mr. Cianciolo said the Review Committee also supported Resolution D, and asked that the Council consider its adoption.

 

Mayor Foy said that Resolutions A and B appeared to be the right way to move forward.  He said he believed they should purchase the right-of-way on Rosemary Street, and asked the Manager why they would purchase it and begin construction if they were still reviewing it, which was what Resolution A would do.  Mr. Horton responded that they believe they should immediately provide at least a minimal safe walkway on Rosemary Street, so all they would be doing was buying the land to create a five-foot-wide sidewalk. He said as Rosemary Street was redeveloped or more right-of-way was acquired, then they would build a larger footprint for Streetscape.  Mr. Horton said there were places now where there was nowhere to walk on a consistent side of the street without entering the street, so they wanted to provide a five-foot-wide sidewalk from one end of the business district to the other.

 

Council Member Hill asked if the funds that would be authorized by Resolution B would get that project done.  Mr. Horton said he believed it would, noting it was a conservative number and might not cost quite that much.  He said he believed that ultimately a wider sidewalk would be built with more amenities, but it was important to provide a walkway now.

 

Mayor Foy said he supported Resolution A, but would like to amend it to include some type of Council oversight, with a maximum of three Council members, who would work with the Manager to make the decision on hiring an urban lighting specialist and an urban designer/landscape architect.  He said he was also in support of Resolution B.

 

MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER HILL, ADOPTION OF RESOLUTION R-9a AS AMENDED TO INCLUDE THAT UP TO THREE COUNCIL MEMBERS WOULD WORK WITH THE MANAGER TO MAKE THE DECISION ON HIRING AN URBAN LIGHTING SPECIALIST AND AN URBAN DESIGNER/LANDSCAPE ARCHITECT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER GREENE, ADOPTION OF RESOLUTION R-9b.  THE MOTION WAS ADOPTED UNANIMOUSLY   (9-0).

 

Item 12 – Adjustment of Schedule for Consideration of Land

Use Management Ordinance Amendments

 

Planning Director J. B. Culpepper provided an update on the status of future Land Use Management Ordinance (LUMO) text amendments and the recommended revisions to the work schedule as well as the rescheduling of an additional public hearing in late September or early October to accommodate development applications and concept plan applications.

 

Ms. Culpepper said they were recommending adoption of the resolution that would set the revised schedule, and they had left a blank in the resolution to insert a hearing date.

 

Mayor Foy determined that the three dates noted in the memorandum were the suggested dates, and the Council should choose one.  He asked the Manager to have the Council polled to identify which date best suited everyone’s schedule, and then have that information brought back at a latter meeting.  Mr. Horton agreed to do so.  Mayor Foy suggested polling the Council and setting two dates, just in case the workload called for an additional meeting.  Mr. Horton agreed.

 

Mayor Foy said the resolution also set the priority for each of the issues.

 

Council Member Greene asked, regarding the Tree Ordinance, what would be reported to the Council on June 26.  Ms. Culpepper said, at that time they would propose a possible public hearing date, and provide the Council with a description of what they believed the Council wanted regarding protection of trees on private property and the banning of clear cutting.  Mr. Horton said they would also like feedback from the Council at that time about items they would like advertised when they scheduled the hearing to make sure that all issues were covered.

 

Mayor pro tem Strom said, in the resolution it noted one issue as “reconsider using the two-year frequency, 24-hour storm event,” stating that issue had been around for a very long time.  He said that issue was identified just after the adoption of LUMO, and he was convinced that LUMO stormwater provisions had proven to be workable and effective.  He proposed striking that issue from the priority list, stating he believed it was being adequately addressed through LUMO.

 

Mayor pro tem Strom said the issue stated as “reconsider requiring stormwater management facilities on individual single-family lots” was also being adequately and effectively addressed through LUMO regulations, and it should be struck as well.

 

Council Member Kleinschmidt said he believed the issue was requiring stormwater management facilities on lots when homes were built. Mayor Foy said they had included that in anticipation of problems that had never materialized.

 

MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER HILL, ADOPTION OF RESOLUTION R-10 AMENDED TO STRIKE REFERENCES TO SECTIONS 5.4.6 AND 5.9.2(a), AND REMOVING THE LANGUAGE IN THE LAST PARAGRAPH REGARDING THE DATE FOR AN ADDITIONAL PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 13 – Morgan Creek Conservation Easements

 

Assistant Parks and Recreation Director Bill Webster stated that they were recommending adoption of Resolution A that would approve the execution of a voluntary conservation agreement with the Botanical Garden Foundation, Inc. for 92 acres of Town property along Morgan Creek.  He stated that Resolution B would authorize the execution of a separate agreement with the Botanical Garden Foundation, Inc. to monitor the easement area.  Mr. Webster said that agreement would cost about $1,500 in the first year.

 

Council Member Ward, who served as chair of the Mayor’s Committee, thanked the staff for their hard work and Council Members Greene and Harrison for serving on the Committee with him.  He also gave special thanks to the original petitioner, Dr. John Randall, Assistant Director of Conservation at the Botanical Garden, and to the Triangle Land Conservancy leadership, who were instrumental in moving this forward.

 

Council Member Ward said, with Council approval they would be showing significant leadership.  He said it would be a landmark action that would put in place long term natural area protection, and would demonstrate that they understand the long term value of natural area protection.  Council Member Ward said he was certain it would be heard by other institutions in Chapel Hill, in particular the University, and would serve the Town well as it continues conversations with the University related to the natural area protection of Carolina North.

 

Council Member Ward said he urged the Council to support adoption of the resolution and enactment of the budget ordinance.

 

Council Member Greene suggested several changes to the draft Conservation Agreement.  First, she suggested adding the phrase “and scenic effort,” on page 10 under F.  On page 12 under 2.5, she suggested adding “view sheds and” after the words “preserving the” in the second to the last sentence in that section.

 

Council Member Greene said that 2.4 referred to an Attachment F, and she asked where that Attachment could be found.  Mr. Webster responded that they had not yet had the opportunity to prepare the exhibits. Council Member Greene asked if he could point out on the map the location of the neighborhood park described in this section.  Mr. Webster exhibited a map and pointed out the location along Culbreth Road, noting it was flat enough and had access, as well as a preserved right-of-way.

 

Council Member Greene suggested that section 2.4 contain a general description of the location of the small neighborhood park for clarity.  She said the sentence that read “The location of said park shall be within the area generally indicated on Attachment F” should be moved up to become the second sentence in that section.

 

Council Member Greene said, on the top of page 16 it appeared that the words “Grantor” and “Grantee” were reversed.  Mr. Webster said she was correct, and that would be corrected.

 

Mayor pro tem Strom echoed what Council Member Ward had said, noting it was important that they place easements on Town-owned property. He congratulated the Committee for succeeding in figuring out a way to do it, and suggested that it might want to become a standing committee and look at other Town-owned land.  Mayor pro tem Strom said the Town owned other significant tracks of land, and that it should continue this effort.

 

Council Member Greene said perhaps they should do that after the Greene tract was completed.  Mayor pro tem Strom remarked that the Greene tract was owned jointly with the County and Carrboro, and perhaps this conservation agreement should be forwarded to them.

 

Council Member Harrison said this did set an example for the University, and Carolina North was supposed to have a lot of reserved land on it.  He said he believed that the University was taking an ad hoc approach to land protection, which the Horace Williams Citizens Committee report had warned about.  Council Member Harrison said the Town could set an example by doing it to its own property, and believed this Committee would be happy to share policy and positions on land preservation with the University as they approached the Town with land applications.

 

Mayor Foy asked if the Committee was willing to look at other land that could be similarly treated, as well as to advance the Town’s interest in the Greene track easement.  He said it would be to their discretion as to how to do that.

 

Council Member Kleinschmidt said, after July 1 the Town would begin working on the Small Area Plan process for Rogers Road, and the Greene tract was part of that process.  He said those efforts might be better served working through that Small Area Plan development program.

 

Mayor Foy said he was not sure about that, noting that the decision about the easement had been made.  Council Member Kleinschmidt said, in order to get the easement, they had to resolve the issue of paying off their portion and the timeline that would require, and then the easement would be put in place.  Mayor Foy said he was not sure the Small Area Plan would get into that, noting he believed it would be looking at the development issues and not at the details of their intra-governmental issues.  Council Member Kleinschmidt said he believed it was a tool they could use.

 

Mayor pro tem Strom said he agreed that a commitment had been made to place a conservation easement on the 60-acre tract that the County owned as well as the Greene tract itself after the joint ownership was dissolved.  He said they had asked the Planning staff to bring information to the next Committee meeting about what steps needed to be taken in order for us to begin putting that easement in place. 

 

Council Member Ward said that the document was still a draft, but could be used by the County as an example.

 

Mayor pro tem Strom said he and Council Member Kleinschmidt were beginning the groundwork to figure out what the scope and vision of the Small Area Plan should be.  He said there was a lot of information gathering taking place, and a conservation easement was one of those things being discussed.

 

Council Member Kleinschmidt said he had reviewed the charge for the Small Area Plan, and it did not exclude looking at the Greene tract. He said it was a good opportunity to resolve this question while working with the other jurisdictions.

 

Mayor Foy said he believed the Committee should continue to meet.  Council Member Greene said she would ask that Mayor pro tem Strom and Council Member Kleinschmidt continue to point out to the County that there was a 60-acre portion that the County owned and nothing was standing in the way of placing a conservation easement on that portion.

 

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER GREENE, ADOPTION OF RESOLUTIONS R-11a AND R-11b, AND ENACTMENT OF ORDINANCE O-4 AS AMENDED TO INCLUDE THE REVISIONS TO THE CONSERVATION AGREEMENT NOTED BY COUNCIL MEMBER GREENE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 14 – Response to Petition regarding Expedited Review

for Silver LEED Certified Developments

 

Ms. Culpepper stated this report was in response to a petition from the Mayor to establish a policy that would grant Expedited Review for developments that met the criteria for at least a LEED Silver certification.  She said they were recommending that the Council amend the criteria for expedited process to include projects that could document that they were actively pursuing LEED Silver Certification.


Council Member Ward said his concern was that the Town was poised to recognize and give expedited processing to LEED Silver projects.  He said he believed that envisioned an energy efficient building, but the way LEED was currently designed you could in fact get that certification and not have the building any more energy efficient than if it had not gone through the LEED process. Council Member Ward suggested amending the resolution to insert at the end of the paragraph beginning “Now, Therefore, Be It Resolved” the phrase “and exceed ASHRAY 90.1 2004 energy standards by 20 percent.”  Council Member Ward said if they were serious about meeting their goals, it was appropriate to encourage projects with that 20 percent goal, as well as the other positive elements of LEED Silver Certification.

 

Council Member Ward said in Attachment 1 regarding initial required LEED documentation for applicants seeking expedited processing, he would like to see additions made and adopted now, but would be willing to allow the staff additional time to validate them.  He suggested that in section a., the phrase “and is a LEED accredited professional” be added to the end of the sentence.  Council Member Ward suggested adding at the end of b. the phrase “and with the U.S. Green Building Council.”

 

Council Member Ward suggested inserting a new c. that read “Evidence that the project has hired a commissioning authority,” and a new d. that read “Evidence that the project has allocated funding for energy modeling and daylight analysis,” then renumbering the current c. to e.

 

Mr. Horton said these additions would make the criteria more complex.  He stated the staff would have to accept a letter from an engineer stating that the project met the 20 percent goal as stated in the revision suggested by Council Member Ward, and the staff would have no ability to measure that.  Mr. Horton said, as to the other suggestions he would ask that a decision on those be postponed until they had an opportunity to study them and then provide a professional response.

 

Council Member Kleinschmidt said under the rules for expedited review where it was warranted if a public interest or public objective was involved, if a developer came to the Council today, it was very likely that he would support expedited review for such a project.  He said he had some policy concerns about creating a fourth point for expedited review. Council Member Kleinschmidt said because it was something that fit within the public interest or public objective, he had concerns about isolating a particular public interest or public objective and elevating it to one of these four situations in which the Council would considering expedited review.

 

Council Member Kleinschmidt said there would then be the LEED standard elevated to a superior level, and everything else would come after, such as affordable housing or some other interest.  He said he would prefer a way to provide an official comment that would suggest what would be ideal for expedited review to be approved.  Council Member Kleinschmidt said he believed this kind of thing was more appropriate as a comment within the regulations.

 

Mr. Horton commented that this criterion was not part of the regulations.  He stated that it was simply a Council policy that was not a part of the ordinance.

 

Council Member Kleinschmidt said they should think of crafting a way to keep the Town’s general interests about expedited review regarding the public interest and the public objective from delaying other interests.  He said it was important to find a way to encode these interests, because it would provide direction to the Council when reviewing an expedited review request.

 

Council Member Hill said that LEED certification was not granted until the project was complete, at which point expedited review would have already occurred.  He said they should encourage developers to pursue LEED certification, but that he also thought that it was a technical thing they were asking for that would change in the future.  Somehow putting in LEED goals would allow the Town more flexibility and encourage developers to do it, said Council Member Hill.

 

Council Member Greene said she would be willing to have separate policy objectives, but she was not sure how to do it.  She said she did not know how realistic the monitoring of the system would be, or if it would provide them with any level of confidence.  Mr. Horton said it would not make sense to invest a great deal of time in enforcing these policies, because the outcome would have minimal value.

 

Mayor Foy agreed, noting that what the staff had tried to do with Attachment 1 was to require an effort to acquire LEED certification, but at the end LEED certification may not be granted.  He said they wanted to encourage the effort, but projects may fall short.

 

Council Member Ward said he would not support the resolution without the inclusion of the 20 percent energy reduction requirement, because LEED certification did not get the Town what it wanted, which was energy efficiency. He said he was not convinced that the additions he had made to the criterion were significantly onerous to the Town staff, and was supportive of having the Manager and staff look at the specific language he had suggested.

 

Mayor Foy said he wanted to know if the Council supported Council Member Ward’s suggestions, noting he believed at least two Council members were not in support of it.

 

Council Member Easthom said she supported the philosophy of what Council Member Ward had suggested, and asked if the staff could look at some general way to express that philosophy without being technical.  She said she would be in favor of this if it was in the form of a checklist for the staff to go by with the burden being placed on the developer.

 

Council Member Greene said her concern was with the enforcement issue.

 

Council Member Ward said in effect the Town was rewarding developers with expedited review prior to LEED certification, before they got the outcome promised.  He said he supported putting more staff time into this to get a better sense of what kind of risk they would be taking if a project were to fall short, and what kind of time it would cost the Town staff. Council Member Ward said he believed it was a way of publicizing and encouraging this type of development in the Town, and he supported adding it to the list of expedited categories.  He said there might well be others, such as 50 percent affordable housing that could be added.  Council Member Ward said that would send a clear signal to the development community of what the Council’s priorities were.

 

Mayor Foy said it appeared that the Council supported having the staff take another look at this, and he suggested referring it back to the Manager.  Council Member Ward asked if that referral could include having Town staff confer with him on this matter.  Mayor Foy said he believed that would be acceptable.

 

The Council agreed by consensus to refer the matter to the Manager, to include conferring with Council Member Ward.

 

Item 15 – Appointments

 

15a.     Board of Adjustment.

 

The Council appointed Kevin Beasley and Gary Kress to the Board of Adjustment.

 

 

Council Members

Board of Adjustment

Foy

Easthom

Greene

Harrison

Hill

Kleinschmidt

Strom

Thorpe

Ward

TOTAL

 

 

 

 

 

 

 

 

 

 

 

Vote for 3 Applicants

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kevin Beasley, Sr.

X

X

X

X

X

X

X

X

X

9

Jennifer Bennett

 

 

 

 

 

 

 

 

 

 

Gary Kress

X

X

X

X

X

X

X

X

X

9

Charles Rankin

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other; please list:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

:

 

 

 

 

 

 

 

 

 

 

 

 


15b.     Chapel Hill Public Arts Commission.

 

The Council appointed Erica Rothman to the Chapel Hill Public Arts Commission.

 

 

Council Members

Chapel Hill Public Arts Commission

Foy

Easthom

Greene

Harrison

Hill

Kleinschmidt

Strom

Thorpe

Ward

TOTAL

 

 

 

 

 

 

 

 

 

 

 

Vote for 1 Applicant

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deb Baldwin

 

 

 

 

 

 

 

 

 

 

Ana Borja

 

 

 

 

 

 

 

 

 

 

Charles Hochman

 

 

 

 

 

 

 

 

 

 

Kathryn James

 

 

 

 

 

 

 

 

 

 

*Mark McGrath

 

 

 

 

 

 

 

 

 

 

Claire Reeder

 

 

 

 

 

 

 

 

 

 

Erica Rothman

X

 

X

X

X

X

X

X

X

8

Frank Webb

 

 

 

 

 

 

 

 

 

 

André Wesson

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other; please list:

 

 

 

 

 

 

 

 

 

 

 

 

15c.     Fordham Safety Work Group.

 

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, THAT ALL APPLICANTS BE APPOINTED AND THAT COUNCIL MEMBER WARD SERVE AS THE REPRESENTATIVE OF THE BOTANICAL GARDEN.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The Council appointed Patricia Brooks, Heidi Chapman, Shelley Day, Chris Exton, Matt Ferguson, Spencer Foscue, Barbara Gordon, Loren Douglas Hintz, Garth Johnson, Douglas MacLean, Betsy Malpass, Marty Pomerantz, Mary Reeb, Gary Richman, William Scroggs, Tom Smith, and Nancy Tripoli.

 

15d.     Historic District Commission.

 

The Council appointed Catherine Frank and Louise Winstanly to the Historic District Commission.

 

 

Council Members

Historic District Commission

Foy

Easthom

Greene

Harrison

Hill

Kleinschmidt

Strom

Thorpe

Ward

TOTAL

 

 

 

 

 

 

 

 

 

 

 

Vote or 5 Applicants

 

 

 

 

 

 

 

 

 

 

Pam Bordsen

 

 

 

 

 

 

 

 

 

 

Catherine Frank

X

X

X

X

 

X

X

 

X

7

Keith Freeman

 

 

 

 

 

 

 

 

 

 

Bill Green

 

 

 

 

 

 

 

 

 

 

Mary Ann Kasarda

 

X

 

 

 

 

 

 

 

1

Jennifer Koach

 

 

 

 

 

 

 

 

 

 

Tim Madigan

 

 

 

 

 

 

 

 

 

 

*Mark McGrath

 

 

 

 

 

 

 

 

 

 

Elizabeth Preddy

 

 

 

 

 

 

 

 

 

 

Matthew Scheer

 

X

 

 

 

X

 

 

 

2

Louise Winstanly

X

X

X

X

 

X

X

 

X

7

 

 

 

 

 

 

 

 

 

 

 

Other; please list:

 

 

 

 

 

 

 

 

 

 

 

 

15e.     Library Board of Trustees.

 

The Council appointed Martha Diefendorf, Floyd Fried, and Paul Jones to the Library Board of Trustees.

 

 

Council Members

Library Board of Trustees

Foy

Easthom

Greene

Harrison

Hill

Kleinschmidt

Strom

Thorpe

Ward

TOTAL

 

 

 

 

 

 

 

 

 

 

 

Vote for 3 Applicants

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cory Brooks

 

 

 

 

 

 

 

 

 

 

Martha Diefendorf

 

X

X

X

X

X

 

X

X

7

Floyd Fried

X

 

 

X

X

 

 

X

X

5

Paul Jones

X

X

X

X

X

X

 

X

X

8

Jeff Merron

 

 

 

 

 

 

 

 

 

 

Lynn Scattolini

 

 

 

 

 

 

 

 

 

 

Bryn Smith

 

 

 

 

 

X

 

 

 

1

Brian Sturm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other; please list:

 

 

 

 

 

 

 

 

 

 

 

 

15f.      Personnel Appeals Committee.

 

The Council appointed Rolin Mainuddin, Errol McCauley, Sr., and Donald Tiedeman to the Personnel Appeals Committee.

 

 

Council Members

Personnel Appeals Committee

Foy

Easthom

Greene

Harrison

Hill

Kleinschmidt

Strom

Thorpe

Ward

TOTAL

 

 

 

 

 

 

 

 

 

 

 

Vote for 3 Applicants

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rolin G. Mainuddin

X

X

X

X

X

X

X

 

X

8

Errol T. McCauley, Sr.

X

X

X

X

X

X

X

 

X

8

Donald Tiedeman

X

X

X

X

X

X

X

 

X

8

 

 

 

 

 

 

 

 

 

 

 

Other; please list:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Item 16 – Petitions

 

16a(1).    Mayor Foy regarding Tree Cutting.

 

Mayor Foy said his petition was regarding NC Board of Transportation’s policy regarding the cutting of trees in the public right-of-way. He said, you were allowed to cut trees within 250 feet of a billboard, but the new proposal would extend that to 500 feet to allow for better viewing of a billboard.  Mayor Foy said he was proposing asking the Board of Transportation to delay action on this proposal to allow the public to comment before a change was made.

 

Council Member Easthom said she did not support tree cutting for corporate benefit and advertising.

 

Council Member Harrison said he had talked with Carrboro staff regarding this, and that the change was being proposed by a committee of the Board of Transportation.  He said the timing was such that the proposal could possibly be pushed through before the public had an opportunity to protest.  Council Member Harrison said apparently the outdoor advertising industry was recruiting letters from billboard owners across the State.

 

COUNCIL MEMBER EASTHOM MOVED, SECONDED BY COUNCIL MEMBER HARRISON, ADOPTION OF RESOLUTION R-6.1.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

16a(2).   Downtown Partnership regarding Board Member Position, and regarding Fascade Grant.

 

Mayor Foy said one Board member’s term would expire July 1, and the Partnership was asking that the Council advertise that position.

 

Mayor Foy said the second petition was regarding a Fascade grant offered by the Partnership of up to $1,000 for single fascades and up to $2,000 for corner fascades.  He said these grants had to be matched dollar for dollar by the business or property owner.  Mayor Foy said the Partnership was asking the Council to consider waiving some of the fees the Town charged when someone qualified for a Fascade grant.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, THAT BOTH PETITIONS BE RECEIVED AND REFERRED TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

16a(3).  Telluride and San Sophia Street Parking Signage.

 

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

 

16a(4).   Appointment of Alternate to the Transit Partnership.

 

Council Member Ward said he and Council Member Easthom, the Town’s representatives on the Council Transit Committee, were petitioning the Council to appoint Council Member Harrison as an alternate to the Transit Partnership.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EASTHOM, TO APPOINT COUNCIL MEMBER HARRISON AS THE ALTERNATE TO THE TRANSIT PARTNERSHIP.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

16a(5).   Council Member Easthom regarding Information Technology Purchases of $5,000 to $10,000.

 

Council Member Easthom requested that any planning or expenditures involving advances in technology or new technology by the Information Technology staff in excess of $5,000 or $10,000 aggregated annually be presented before the full Council since the Town was currently without a citizens’ advisory board.  Mr. Horton asked the Council to refrain from agreeing to that.  He commented that $5,000 was a miniscule amount for the Council to be managing, and it would hamper their ability to operate.

 

Council Member Easthom said her concern was that they did not have any citizen input for any major technology upgrades right now.  Mr. Horton said major upgrades were brought before the Council through the budget process, and if anything significant occurred beyond that it would be brought before the Council as well.  Mr. Horton stated they needed the ability to operate within the budget, and he did not understand why the Council would want to look at these types of decisions once the budget was adopted.

 

Mayor Foy suggested that Council Member Easthom discuss this individually with the Manager and see if her concerns could be addressed. Council Member Easthom said she would not have brought this forward had she not believed it was important.  Mayor Foy said he understood that, but asked her to work with the Manager to come to a mutual agreement.

 

Item 17 – Discussion of Consent Agenda:  None.

 

Item 18 – Request for Closed Session

 

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY MAYOR PRO TEM STROM, TO MOVE INTO CLOSED SESSION TO CONSIDER APPLICANTS FOR TOWN MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The meeting was adjourned at 9.55 p.m.