SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
WEDNESDAY, OCTOBER 8, 2003, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Senior Long Range Planning Coordinator Chris Berndt, Transportation Planner David Bonk, Police Major Tony Oakley, Library Director Kathy Thompson, Police Administrative Analyst Valerie Foushee, Finance Director Jim Baker, Fire Chief Dan Jones, Fire Marshal Caprice Mellon, and Town Clerk Joyce Smith.
Item 1- Ceremonies: None.
2a. 2003 Law Enforcement Block Grant.
Police Administrative Analyst Valerie Foushee presented a brief overview of the Block Grant, noting that such funds had been used in the past to purchase equipment, desktop computers, and mobile communication terminals. She said that funds had also been used to augment training. Ms. Foushee explained that, this year, the US Department of Justice was requiring that these funds be used for domestic preparedness, anti-terrorism, and homeland security.
Mayor Foy commended the Police Department for obtaining Block Grants seven straight years in a row.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE LAW ENFORCEMENT BLOCK GRANT (2003-10-08/R-1)
WHEREAS, the U.S. Department of Justice and the Bureau of Justice Assistance have made funds available to enhance the quality of law enforcement services provided to local communities; and
WHEREAS, the Town’s Law Enforcement Block Grant application in the amount of $28,526 was approved by the Bureau of Justice Assistance; and
WHEREAS, the block grant funds would be used to provide training and equipment to focus primarily on Domestic Preparedness, Anti-Terrorism and Homeland Security;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the Bureau of Justice Assistance Law Enforcement Block Grant and to make all necessary assurances.
This the 8th day of October, 2003.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ENACT O-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-10-08/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003 be and the same is hereby amended as follows:
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ARTICLE I |
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APPROPRIATIONS |
Current Budget |
Increase |
Decrease |
Revised Budget |
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GENERAL FUND |
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Police |
9,749,452 |
28,526 |
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9,777,978 |
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ARTICLE II |
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REVENUES |
Current Budget |
Increase |
Decrease |
Revised Budget |
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GENERAL FUND |
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Grants |
543,120 |
28,526 |
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562,646 |
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2b. 2006-2012 Chapel Hill Transportation Priority List.
Transportation Planner David Bonk asked Council members how they would like the priority list prepared for their meeting later in the month. He highlighted several items in the Council's packet, including funding sources, a chart outlining the Transportation Improvement Program (TIP) development process, a list of Council priorities and comments on the status of those projects. Mr. Bonk noted the attached recommendations by Town advisory boards.
Transportation Board Chair Loren Hintz addressed modifications to his Board's priority list, shown in Attachment #3. He noted that the Airport Road pedestrian islands had been added to the list and been given the highest priority. Mr. Hintz said that the Transportation Board, the Governance Committee of Chapel Hill High School, and the Safety Committee for the three schools had all expressed concern about safety along Homestead Road. Therefore, he said, a sidewalk there had become the second priority.
Mr. Hintz noted that Signal System Upgrade was still high on the list. The fourth priority is the Pedestrian Crossing at Franklin Street and Elizabeth Street, he said, and the fifth refers to the missing link in the Merritt Mill Road sidewalk. With regard to priority #6, Mr. Hintz explained that the bike path along Bolin Creek ends at the Community Center. He recommended a further connection to Willow Drive. Mr. Hintz added that the Board had given the Bolin Creek Greenway from Airport Road to Umstead Drive a lower priority. They had also given Piney Mountain Road improvements a lower priority because other things were more important, he said.
Mayor pro tem Evans remarked that some of the actions Mr. Hintz was recommending had been covered in other Council actions and that his list showed that the Council needed to share information better. She suggested adding a sidewalk and road improvements along the old stretch of Weaver Dairy Road near Sedgefield Drive, and proposed making that a fairly high priority.
Mayor Foy asked Mr. Bonk if that should be on the TIP list, since NCDOT would not be improving that part of Weaver Dairy Road. Mr. Bonk replied that it would depend on the status of that older section of Weaver Dairy Road in the State system once the new section has been built. He said that the State's proclivity to invest in that would depend on whether or not that road is still in their system. Mr. Bonk agreed to investigate that.
Council Member Harrison commented that projects such as bike improvements on State roads only get done if they are on the TIP. He explained that he had originated the old Durham-Chapel Hill Road, Pope Road and Ephesus Church Road projects and had been grateful to the Council for putting them on the list. These projects had continued to creep up the list, he said, and did not want them to drop off of move backwards. Estes Drive, Mt. Carmel Church Road, and Old Mason Farm Road were State road projects, so the relevant NCDOT division would do that work, said Council Member Harrison. He clarified that he did not mean to imply that sidewalk projects were not important but only to point out that there were other avenues to get those done.
Council Member Verkerk asked if some of the unused money allocated for Weaver Dairy Road could be used to upgrade the Town signal system. Mr. Bonk replied that NCDOT had said that they would not know how much the revised cross-section for Weaver Dairy Road would cost until they do the final environmental work on the design. The Town will not know until then how much money will be left over, Mr. Bonk said, adding that the Town already had told NCDOT that it wants to use whatever is left for the signal system.
Mayor Foy explained that NCDOT views allocation of funds as being for specific projects. If those funds are not used then they might go to another county, he said. Mayor Foy noted, however, that the Town had recently been successful in reallocating money intended for other Chapel Hill projects to the Transit Center. So they had countered the argument that State-wide priorities trump local priorities, he said, and there is a good chance that they will be successful again. Mr. Horton added that State officials clearly understand the Town's need to upgrade the signal system. He predicted that they would try to help the Town find funds for that.
Council Member Verkerk inquired about the status of the Active Living by Design grant. Mr. Bonk replied that the Town should know about that by the end of the month. Council Member Verkerk asked if there would be sidewalks on both sides of Homestead Road. Mr. Bonk pointed out that funds had been reallocated from the Homestead Road project to the Maintenance Facility. The State would make some guardrail improvements and widen shoulders on Homestead Road, but there will not be any sidewalks, he said.
Council Member Bateman commented that, as an optimist, she assumed that the Sidewalk Bonds would pass. She asked if anything else on the list would be covered by bonds. Mayor Foy pointed out that the $5 million from the Greenways Bond would leverage State matching grants. With that and Orange County funds the Town could achieve the Morgan Creek Greenway, he said.
Council Member Bateman asked about the effect of the Sidewalk Bond. Mr. Bonk replied that the sidewalk part of the Estes Drive project could be pursued with bond money. Council Member Bateman asked about the sidewalk on Seawell Road. Mr. Bonk pointed out that there were complicating factors there, such as part of that road being within Carrboro's jurisdiction.
Council Member Strom praised the allocation of almost $1.8 million for greenways and asked if sums allocated to projects could be adjusted among those projects. Mr. Bonk replied that the Council and the Transportation Advisory Committee (TAC) had complete flexibility in that regard, but noted that fiscal years would have to be matched together.
Mayor pro tem Evans asked how the Town would include something a project, such as the Bicycle and Pedestrian Advisory Board's recommendation for sidewalks and bicycle facilities on Barbee Chapel Road from Downing Creek Parkway to NC 54, on its list in cooperation with Durham. Mr. Bonk replied that the Town staff could contact the Durham staff, adding that Durham also has a bicycle and pedestrian committee.
Mr. Bonk noted that the two Towns were located in different divisions. So funding would have to come from two different pots to do the project jointly, he said. Mr. Horton pointed out that a Durham-Chapel Hill Work Group had successfully identified and pursued joint efforts in the past.
Mayor pro tem Evans recommended pursuing all such avenues. She described the recommendation as a good idea that would benefit the people of Meadowmont. Mr. Bonk pointed out that Durham had initiated talks about extending their Tobacco Trail down to Meadowmont.
Council Member Harrison requested information on which projects could happen only through the TIP and which ones could happen through other means. Mayor Foy resisted that, however, arguing that a comparison of 2004-2010 and 2006-2012 shows that the Town was being consistent in what it is asking for. And some things have been moving up in the pipeline, Mayor Foy said, adding that it would not be a good idea to start changing that around.
Council Member Strom asked if the Council would get a response at least to the Transportation Board's recommendations, such as how to pursue the pedestrian refuge on Airport Road. Mr. Bonk and Mr. Horton replied that it would bring that information back. Mayor Foy added that this had been inherent in Council Member Verkerk's question regarding Living by Design. Mr. Bonk noted that this item would come back to the Council on October 27, 2003.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO RECEIVE AND REFER COMMENTS TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 3 - Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items not on the agenda.
1. Colony Woods Residents, Bill Hesse regarding Speed Bumps Throughout Neighborhood.
Colony Woods Drive resident Bill Hesse explained that there was a problem with speeding on his road. The posted speed limit is 25 mph, he said, but people have been clocked as high as 32 mph. Mr. Hesse asked for speed bumps, stop signs, and other devises to inhibit speed. He said that there was much pedestrian traffic, including children, on the road and that speeders include both public and school bus drivers. Mr. Hesse added that all but four of his neighbors had signed a petition asking for this.
Council Member Verkerk expressed dismay over school busses speeding, noting that she had witnessed it in her neighborhood as well.
Council Member Harrison said that it would be easy and fast to install multi-way stop signs on that road, which is one that he knows well. Mr. Horton replied that the staff installs stop signs under the Council's specific policies. He did not know whether or not any of those intersections would meet the requirements, he said.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Bateman asked about a pending staff report on situations where some in a neighborhood had requested traffic-calming devices while others had objected to them. Mr. Horton replied that the staff would propose recommendations regarding that at an upcoming work session. He pointed out that 8-12 petitions such as Mr. Hesse's were on hold pending that work session.
Council Member Strom noted that the Sidewalk Bond would include a traffic-calming component that would provide money for pedestrian safety improvements. Supporting the Sidewalk Bond is key to solving this in the long run, he said.
2. Michelle Lewis, regarding Request to Provide More Opportunity for Public to Consider Staff Reports.
Ms. Lewis suggested that the Manager provide a little more time between when the packets are distributed and when the Town Council meets. The public sometimes has the perception that the Town does not want their input, she said, adding that she knows that perception is wrong because she had worked in the Mayor's office. Ms. Lewis suggested that adding a few more days to the timeframe would alleviate the perception. It would avoid confusion and add considerably to the value of the public hearings, she said.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3. Matthew Robbins and Kendra Millis, regarding Consideration of Amending the Land Use Management Ordinance to Allow Development of Existing Lots within the Urban Services Boundary.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
4. Robert Dowling, Orange Community Housing and Land Trust, regarding Endorsement of Mission Statement, etc.
Mr. Dowling said that the Orange Community Housing and Land Trust had met with representatives from each of the elected boards to try and reach consensus on expectations for Orange County. The Board had crafted a mission statement and guiding principles and goals for the new organization, he said. Mr. Dowling expressed hope that all elected bodies would agree with those.
Council Member Verkerk congratulated Mr. Dowling, and developer Carol Ann Zinn, for the impressive affordable housing units at Larkspur.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
5. Virginia Knapp, Chapel Hill-Carrboro Chamber of Commerce, regarding Charette Duplex Requirements on October 9, 2003 at Chapel Hill Public Library from 1-4 p.m.
Ms. Knapp invited Council members to the meeting, explaining that the Chamber thought it would be a good move to get stakeholders around the table to plan the charrette.
3b. Petitions by citizens on items on the agenda. None.
3c. Announcements by Council members.
1. Council Member Verkerk, regarding Open House, sponsored by the Bike and Pedestrian Board.
Council Member Verkerk announced on the Open House on October 9th at the Chapel Hill Public Library, from 5-8 p.m. She explained that the purpose of the Open House would be to receive public input on specific needs.
2. Council Member Verkerk, regarding Confusion and Misinformation with regarding to Merger of School Boards.
Council Member Verkerk asked Mr. Horton to clarify the role of the Town Council with regard to the possible School Board merger. Mr. Horton said that school matters are legally the province of the two School Boards and the County Commissioners. Such matters do not involve the Town Council in any manner, he said.
Council Member Kleinschmidt stated that the public asks him about this as well, and that he directs those people to other sources. He suggested that Mayor Foy clarify this at a public hearing so that citizens understand. Mayor Foy agreed to talk with the Chair of the School Board to find out how she would like the Town to handle this. He noted that the Chapel Hill Town Council was not the only board in this position.
Council Member Wiggins suggested that Mayor Foy make sure that Council members are not precluded from stating their personal opinions as long as they make it clear that it is not a Council position.
3. Council Member Verkerk, regarding Bond Campaign Update.
Council Member Verkerk reported that the Bond Campaign had been launched successfully and that citizens were responding well. She urged Council members to place "vote for bonds" signs on their front lawns and offered to have them delivered to their houses. Council Member Verkerk stressed that it was the Comprehensive Plan, not the Town Council that had initiated this Campaign.
4. Council Member Kleinschmidt, regarding National Coming Out Day on Saturday, October 11, 2003.
Council Member Kleinschmidt asked the community to join him at this event.
5. Council Member Strom, regarding Request to Display US Flags in Town on Election Days.
Council Member Strom noted that Carrboro displays flags along the street on Election Day, and suggested making that a tradition on Franklin Street as well. Mr. Horton remarked that the cost would be minimal and the symbolism was good.
COUNCIL MEMBERS AGREED BY CONSENSUS TO APPROVE THE REQUEST.
Item 4 - Consent Agenda
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-10-08/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. Project Ordinance to Amend the 2001-2002 Community Development Program (O-2). |
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b. Consideration of Joint Planning Amendment to Adopt the Town’s 2000 Comprehensive Plan (R-4). |
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This the 8th day of October, 2003.
AN ORDINANCE AMENDING THE 2001–2002 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (2003-10-08/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statues of North Carolina, the following grant project is hereby established:
SECTION I
The projects authorized are the Community Development projects as approved by the Council on April 23, 2001: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD). The projects are known more familiarly as the 2001 Entitlement Community Development Block Grant. The grant activities include renovation of public housing, site improvements, neighborhood revitalization, property acquisition, community services to low-income residents, and administration costs for the program.
SECTION II
The Manager of the Town of Chapel Hill is hereby directed to proceed with the grant project within the terms of the grant document(s), the rules and regulations of the U.S. Department of Housing and Urban Development, and the budget contained herein.
SECTION III
The following revenues are anticipated to be available to complete this project:
Current Revised
Budget Budget
Community Development Block Grant $441,000 $441,000
Community Development Program Income $ 35,000 $37,110
Total $476,000 $478,110
SECTION IV
The following amounts are appropriated for the project:
Rehabilitation of Public Housing: $170,000
Meadowmont Affordable Townhomes $ 80,000
Neighborhood Revitalization: $ 80,000
Habitat for Humanity: $ 50,000
Community Services: $ 22,110
Program Administration: $ 76,000
Total $ 478,110
The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the grant agreement(s) and Federal and State regulations.
SECTION VI
Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed with in five days of adoption with the Manager, Finance Director and the Town Clerk.
This the 8th day of October, 2003.
A RESOLUTION AMENDING THE JOINT PLANNING AREA LAND USE PLAN AND MAP (2003-10-08/R-4)
WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and
WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; and
WHEREAS, the Town of Chapel Hill’s Comprehensive Plan, which provides a framework for the future use of land within the Chapel Hill Joint Planning Transition Area (Northwest Area), was adopted by the Chapel Hill Town Council on May 8, 2000; and
WHEREAS, the Comprehensive Plan was the product of a two year planning process that involved numerous public officials, planners, and residents of the affected area and the Town; and
WHEREAS, the geographic area covered by the revised Comprehensive Plan Land Use Plan includes the Chapel Hill Joint Planning Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan and Map; and
WHEREAS, implementation of revisions to the Chapel Hill Comprehensive Plan and Land Use Plan requires amendment to the Joint Planning Area Land Use Plan and Map.
NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS, CHAPEL HILL TOWN COUNCIL, AND CARRBORO BOARD OF ALDERMEN HEREBY RESOLVE that the Joint Planning Area Land Use Plan and Map be amended according to the attached map dated October 8, 2003, with the Greene Tract designated as “Housing/Recreation/Open Space/County Use,” and the Neville Tract designated as “Non-landfill County Use.”
This resolution shall become effective upon adoption by the governing boards of Orange County, Chapel Hill, and Carrboro.
This the 8th day of October, 2003.
Item 5 - Information Items
5a. Response to Council Petition regarding Orange Community Housing and Land Trust Quarterly Report: Discussion of Private Restrictive Covenants.
Council members received the report by consensus.
6a. Final Report: Horace Williams Citizens Advisory Committee.
Randy Kabrick, Chair of the Horace Williams Citizens Committee, acknowledged the various subcommittees and expressed special thanks to Kathleen Kearns, Committee Chair from March to August 2003.
Mr. Kabrick reviewed the Committee's principles, strategies and goals. He noted, in particular, their overarching principles regarding economic and environmental sustainability, benefit to stakeholders, recognition of impacts on natural resources and public facilities, and mitigation of those impacts. Mr. Kabrick said that the Committee's two working assumptions were: remediation of all waste sites shall be adequately addressed in accordance with the end use; and, that the Horace Williams Airport will be closed by January 1, 2005.
Mr. Kabrick summarized the Committee's key recommendations:
· Manage development to minimize impacts on neighborhoods and the environment.
· Plan to address community needs for housing, schools and other facilities.
· Create a campus facility that is open, welcoming, and part of the community fabric and which respects the privacy and integrity of adjoining neighborhoods.
· Carolina North shall be either revenue positive or revenue neutral for the Town.
· Establish a fiscal oversight committee.
· Assume a leadership position in sustainable water management (water, wastewater and stormwater).
· No negative impacts on the air quality of Chapel Hill.
· Preserve in perpetuity the maximum amount of open space possible (goal = 75%).
· Develop trails/greenways and an inventory of natural resources.
Co-chair Ruby Sinreich listed the next three recommendations:
· Adopt a master plan and a new zoning district.
· Pedestrian and transit oriented mixed-use development.
· Transit corridor.
Ms. Sinreich stated that one of the most controversial issues for the Committee was determining where the transit corridor should be located.
Mr. Kabrick stated that the Committee's work regarding sustainable development had the following "triple bottom line."
· Social: diversity, neighborhood impacts, employment, schools, housing.
· Economics: Viability, fiscal equity, wages, taxes.
· Environmental: energy, water, wastes, natural resources, transportation.
He outlined the Committee's next steps:
· Continue to advise Council.
· Propose a process for community input.
· Make recommendations to Council on University proposals at the Horace Williams property.
· Provide advice on integrating principles into Town zoning regulations.
Mayor Foy thanked Mr. Kabrick and the Committee for bringing the report and for all the time and energy they had put into it. He noted that there was a formal resolution thanking them. Mayor Foy described the quality of the committee's report as "remarkable," and said that it was exactly what he had hoped for when he asked for help from citizens. Mayor Foy announced that there would be a public forum on the Committee's report on October 27, 2003. This will precede the Town going forward to the University with concerns and recommendations regarding Carolina North, he said, noting that there would be more detailed discussions over the next six or eight weeks.
Mayor Foy suggested that the Council make sure that there will be enough information for the public forum. He recommended, for example, finding out what OWASA's position is on Carolina North, such as whether or not OWASA's master plan envisions this level of growth. The staff could then include that information in the Council's packet on October 27th, Mayor Foy said. Mr. Kabrick pointed out that OWASA's latest projections on sustainability for their water supply were included in the Environmental Subcommittee's report. He said that OWASA had appointed Pat Davis to a new Sustainability Coordinator position, and that he would address issues of water reuse, especially relating to Carolina North.
Council Member Harrison asked that a copy of Mr. Kabrick's PowerPoint overheads be sent to Council members.
Mayor pro tem Evans wondered whether reports from the Town's boards and commissions would be included in the public comment. Mayor Foy suggested referring the report and the Council's proposed schedule to all of the boards and commissions for reports back by November 10, 2003.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE COMMENTS AND TO REFER THE COMMITTEE'S REPORT TO ALL BOARDS AND COMMISSIONS FOR A REPORT BACK ON NOVEMBER 10, 2003. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
6b. Resolution Thanking the Horace Williams Citizens Advisory Committee and Setting a Public Forum for October 27.
Mayor Foy noted that Resolution 5b thanked the Horace Williams Advisory Committee and established a process for a public hearing on October 27th, a work session on November 10th, and Council consideration of the final proposal on November 24th. Council Member Bateman asked that the staff report include a copy of a recent letter from the Superintendent of Schools to UNC Chancellor James Moeser so that the public knows about that communication regarding increasing population and schools.
Council Member Strom commented that Town Long-Range Planners Phil Hervey and Chris Berndt had done a great job on this project over a series of long and detailed meetings. He also thanked Mr. Kabrick and Ms. Sinreich for the excellent process. Council Member Strom expressed confidence that the Town was on the right track.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-5B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ESTABLISHING A PROCESS FOR CONSIDERATION OF THE REPORT ON PRINCIPLES, GOALS AND STRATEGIES FOR THE HORACE WILLIAMS PROPERTY (2003-10-08/R-5)
WHEREAS, the Town’s Comprehensive Plan has a goal to provide an environment where the Town of Chapel Hill and the University of North Carolina at Chapel Hill can collaborate to maximize mutual benefits; and
WHEREAS, the Comprehensive Plan includes a strategy to continue the Town’s involvement in planning for the future development of the Horace Williams property; and
WHEREAS, the Town Council on October 7, 2002, established a Horace Williams Citizens Committee to work with the University, its consultants, and its committees to review information about potential development of the property and identify key issues for Council consideration; and
WHEREAS, the Horace Williams Citizens Committee has developed a Principles, Goals and Strategies Report to guide the Council’s deliberations with the University of North Carolina at Chapel Hill regarding the development of the Horace Williams property (Carolina North);
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council will hold a Public Forum on the Principles, Goals and Strategies Report submitted by the Horace Williams Citizens Committee on Monday, October 27, 2003 at 7:00 p.m. in the Council Chamber, Town Hall, 306 North Columbia Street to obtain public input and comments on the Report.
BE IT FURTHER RESOLVED that the Council schedules a Work Session on Monday, November 10, 2003 at 5:30 p.m. to review the Report and public comment received.
BE IT FURTHER RESOLVED that the Council expresses its appreciation to the Horace Williams Citizens Committee members for their dedication and effort put into the development of the Principles, Goals and Strategies Report.
BE IT FURTHER RESOLVED that the Council expresses its appreciation to former Committee member, Kathleen Kearns, for her work in chairing the Committee and her role in producing the progress reports to the Town Council on June 9 and August 25, 2003.
This the 8th day of October, 2003.
Item 7 - Annual Report from the Chapel Hill Million Solar Roofs Committee
Tom Wills, Co-chair of the Million Solar Roofs Committee, explained that the Committee had just finished participating in a Green Building Tour, held on October 3rd and 4th. The event involved working with Smith Middle School students and teachers and educating them about the solar energy-saving features of their school, which was the centerpiece of the Green Building Tour. Seventy to eighty people attended the tour, he said, explaining that it had included Smith Middle School and five houses that have different kinds of solar design techniques and equipment. Mr. Willis reported that A Million Solar Roofs had also been working with UNC student committees, and he introduced UNC staff member Ralph Taylor who is involved with those committees. Mr. Willis pointed out that A Million Solar Roofs had installed an informational sign at the Hargraves Center that describes its photovoltaic system.
Mr. Willis then addressed the half-completed solar water heating system at the Estes Drive Community Center. A Million Solar Roofs had budgeted very strictly for this project, he said, but they had encountered some surprises. For example, a shipping bill was much larger than they had anticipated, they found it necessary to hire a private welder, and they were forced to make a couple of minor design changes. As a result, they were requesting an additional $600 to complete that installation, he said. Mr. Willis pointed out that having the system for $3,600, rather than $3,000, was "still quite a bargain." He asked Council members to continue providing staff support. Mr. Willis also mentioned a need for new members since some had left due to other responsibilities.
Council Member Harrison asked for additional information on why there was a budget shortfall. Mr. Willis repeated that the budget had been very trim and that the welding fee, which was almost $600, had been unexpected. They had thought that a Town maintenance welder would be able to do the welding, he said, but that person was not adept at working with the heavier steel.
Council Member Bateman commented that shower water at the Community Center had not been hot enough recently. She and others who use the pool and showers were eager for the new system to be installed, she said, adding that she would gladly vote to approve an additional $600 if that is what it will take to get that system working. Mr. Willis replied that the solar heating system would ease the burden on the gas-fired system on a good solar day. He offered to take a look the Community Center's current system.
Council Member Verkerk commented that the Energy Bank, the fifth bond on the upcoming ballot, had been modeled after one in Ann Arbor, Michigan. Citizens can see information on the Ann Arbor system at the Ann Arbor website, she said. Council Member Verkerk explained that Ann Arbor had passed a $1.4 million bond and had leveraged that into a $50 million savings on 20 municipal buildings over ten years. She offered to answer any questions that people have about the Energy Bond and how such things work.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO APPROPRIATE $600 TO THE SOLAR ROOFS COMMITTEE AND TO AUTHORIZE STAFF SUPPORT FOR AN ADDITIONAL YEAR. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Foy asked Mr. Horton if the Council needed to take action on Mr. Willis's request for additional committee members. Mr. Horton replied that the Town Clerk would review that and the staff would bring back a report at the Council's next regular business meeting. Mr. Horton added that the staff could schedule a replacement process, if needed.
Item 8 - Proposed Ordinance to Require Installation of
Fire Sprinkler Systems in Certain Public Assembly Areas
Fire Chief Dan Jones reminded everyone present that a February 2003 fire in a Warwick, Rhode Island nightclub had resulted in 93 deaths. Following that tragic event, he said, the staff had determined that, at the Council's request, a similar event could occur in Chapel Hill. Chief Jones commented that the Council had then asked the Fire Department to investigate what could be done to address those issues. Chief Jones said that in June 2003 the NC Legislature had ratified House Bill 773 as Session Law 2003-247, which allows the Town to require sprinklers in bars, clubs and other similar places of public assembly. He explained that enactment of the proposed ordinance would:
· require new or existing clubs and bars that primarily serve alcohol and have occupancy permits that allow more than 200 people to assemble to install and maintain automatic fire sprinkler systems.
· require existing clubs and bars that have one or more of the required egress points one full story above or below grade, and a rated occupancy of 150, to install fire sprinkler systems.
· require new clubs and bars that have one or more of the required egress points one full story above or below grade, and a rated occupancy of 100, to install fire sprinklers.
Chief Jones described this as a life-saving measure, not a property-preservation measure. He said that egress is not always as clear as one might think and noted that patrons' judgment can be impaired. The Fire Department had identified three businesses that could be affected by the regulation: Bub O'Malleys, Hell Bar, and Treehouse Bar. They were all located in the same building at 137 Rosemary Street, he said. Chief Jones explained that the three businesses fall under the retrofit provision, which would give them five years to install sprinkler systems. Other options might be to lower their occupancy limits or to reconfigure the layout of their establishments, he said.
Council Member Kleinschmidt inquired about the question marks next to some businesses listed in Attachment #3. Chief Jones replied that American Legion Post 6 was not a retail alcohol-selling establishment under the revised guidelines.
Council Member Strom praised Chief Jones for his work on this, but said that he had become less comfortable with requiring sprinkler systems for just three businesses. These businesses were very different from the one in Rhode Island, he said, noting that there were no pyrotechnic shows and they were not nightclubs in the same fashion. Council Member Strom inquired about additional steps that might be taken, such as more lighting, inspections, and/or fire exits to improve safety. He pointed out that installing a sprinkler system would have a fiscal impact on local businesses that the Town should be trying to support. Chief Jones replied that sprinklers provide the maximum protection. Everything else that Council Member Strom had mentioned would contribute to safety in any occupancy, he said.
Mayor Foy asked if the Council could enact an ordinance that would apply to all facilities from this point forward rather than just these three. Town Attorney Ralph Karpinos replied that the Council could use any part of the authority that the General Assembly gave them. The Council has been given authority to enact an ordinance with certain standards for existing structures and other standards for new structures, he said. Mayor Foy verified that new structures would include reconfigurations of existing space that exceed capacity. Mr. Karpinos replied that it would apply to anything that required a new Certificate of Occupancy.
Mayor Foy asked about possibly grandfathering some existing businesses and wondered what would happen then if the businesses were sold. Mr. Karpinos replied that ownership transfer would not by itself trigger the new rule. It would have to be a new occupancy of a building, he said. Mr. Karpinos explained that the new rule would apply if the occupancy changed to another type of use and then tried to reestablish as a facility that would be selling alcoholic beverages. Then the Town could apply this ordinance, he said, but not if it was simply a transfer of ownership.
Council Member Ward ascertained from Chief Jones that use was determined by the type of occupancy, type of furnishings, square footage, and number of egress points. He asked if adding sprinklers would reduce the cost of insurance. Chief Jones replied that he had heard about reductions as high as 25-30% but was also aware of insurance companies that give no credit for sprinkler systems.
Council Member Kleinschmidt said that his list of places where he does not want to be when there is a fire includes many more than these three establishments. He described narrowing the number of establishments down to only three as a "clumsy solution." Council Member Kleinschmidt pointed out that Local 506, for example, was much more like the Rhode Island establishment but was not covered under these rules. Chief Jones pointed out that Local 506 had significantly lower occupancy. Mr. Horton stated that the Town could seek additional legislation that would authorize a lower limit. Chief Jones acknowledged the validity of Council Member Kleinschmidt's concerns, but explained that they had looked only at the size of crowds and impediments to egress because those two contribute most often to multiple fatality fires.
Council Member Kleinschmidt noted that restaurants such as Spanky's and Buffalo Wild Wings are just like other bars after the restaurant closes at 10:00 p.m. He determined, though, that it would require more legislation to include restaurants.
Mayor Foy ascertained that Hell bar, with occupancy of 205, would not be subjected to the ordinance if they limited occupancy to 149.
Council Member Harrison questioned the appropriateness of including in the ordinance the information that establishments could change their occupancy levels to exempt themselves from the requirement. Mr. Karpinos replied that this need not be in the ordinance, since owners already understand that.
Council Member Bateman noted that Sections 7-60 and 7-62 applied to future occupancy. She ascertained from Mr. Karpinos that the Council could enact the ordinance without Sections 7-61 and 7-63.
· Comments from Citizens.
Helen Paliouras, owner of the 137 East Rosemary Street building, read a statement from herself and her husband regarding the proposed sprinkler ordinance. She asked the Council to table the motion and to consider all factors including the inadequacy of the Town's water supply. She described the ordinance as discriminatory and said that it was a knee-jerk reaction to the Rhode Island fire, which had been caused by proven negligence and noncompliance with codes. Ms. Paliouras described her building as being as fire resistance as it can be. She stressed that the Fire Marshal had rigorously pursued enforcement of codes over the years.
Lloyd Rippe, owner of Bub O'Malleys, pointed out that there had never been a fire in his establishment, "not even in a garbage can." He asserted that many had died in the Rhode Island fire because of noxious fumes from material on the walls. Mr. Rippe stated that Chapel Hill's fire marshals had done a terrific job over the years. Passing this ordinance during these economic times would put him out of business, he said.
Eleanor Howe described the ordinance before the Council as reasonable and lenient. She agreed that some of the scariest venues in Town were not covered by the ordinance, however. Ms. Howe told Council members that the National Fire Protection Association had passed new standards for their building construction and safety codes, as well as their life safety code. These standards require sprinklers in all bars, nightclubs, dancehalls, discotheques and assembly occupancies with festival seating of 100 or more people, she said. Ms. Howe explained that the new code also requires a trained crowd manager for every 250 people. In addition, there is a requirement that owners inspect the doors and windows each time the establishment is open and keep written records of those inspections, she said.
Allen Finau described his brother and all of the other bar owners at 137 Rosemary Street as wonderful and responsible people who care about safety. It seems to him, he said, that these businesses have more exits and more area per occupancy level than many of the other businesses that were not on the list.
Bruce Florio praised the work of the Chapel Hill Fire Department. He commented that one bar in Town, which is listed with an occupancy limit of 50, actually admits many more people than that. Mr. Florio noted that the Town was asking its fire marshals to enforce occupancies that have been set by building inspectors. He suggested that the fire marshals set those limits, adding that this would be the only way to get a fair and true account of how many people were going into the bars. Mr. Florio stated that most patrons of bars are responsible adults. But Local 506 is the one that could bring in a band that would disregard the rules, he said.
Mark Dorosin, owner of Hell bar, said that he had distributed copies of a petition with more than 700 signatures to the Council. He described the current ordinance as so narrowly focused that it appeared to be a token gesture that will not materially affect fire safety in Town. But it would likely put three bars out of business, Mr. Dorosin said. He explained that the 137 Rosemary Street building was made of concrete and steel and that it was safer than most other buildings in Town. Every business at his location has two fire exits right next to public areas, he said. Mr. Dorosin added that none of the businesses there have live music or use pyrotechnics. He asked Council members to consider a modified proposal that takes into account that these "model businesses" have had no violations and that they contribute to the tax base.
Andy Liguori commented that the Rhode Island fire had nothing to do with the fact that alcohol was served or that establishments were above or below grade. The fire occurred because of illegal pyrotechnics on site and illegal insulation in the bar itself, he said. Mr. Liguori described the ordinance as a huge jump from the original desire to take a closer look at fire safety. The ordinance does not address the reason why it was created, he said.
Richard Hess proposed that the essential difficulty behind the ordinance was that the Council had asked the wrong question. Asking if it is possible that a tragic fire could happen in Town and then, if that is possible, asking how the Town can make it not possible, has lead in the direction of looking for a 100% choice, he said. Of course fire sprinklers are optimum, said Mr. Hess, because that is guaranteed to have an absolute effect. But the unintended consequence is that this will significantly raise the cost of doing business in Town, Mr. Hess pointed out. He proposed that the simple solution would be to continue and perhaps increase fire inspections. Mr. Hess suggested that the Council had not done that because there was not enough money in the budget.
Jessica Kem, a patron of Hell bar, described herself as a strong supporter of locally-owned business, which she said lends uniqueness to Chapel Hill. She asked the Council to reconsider the ordinance because the details had not been ironed out. And, she added, there could be dire consequences for some businesses in Town.
Phaedra Kelly, a patron of Hell bar, argued that bars are important public places for social interaction and meetings. She enjoys being a patron at Hell because the students don't go there, she said. Ms. Kelly pointed out that Downtown was in an economic slump. Passing an ordinance that will put three businesses out of business would be very unfortunate, she said, adding that it would not affect public safety. Ms. Kelly commented that it "looked strange" that the ordinance affected only one building.
COUNCIL MEMBER STROM MOVED O-3 WITH 7-61 AND 7-63 REMOVED, AND COUNCIL MEMBER VERKERK SECONDED.
Mayor Foy explained that the motion would require sprinklers for new establishments, with occupancy of 200 or more and with occupancies exceeding 100 people under certain other conditions. So it would not affect current businesses, he said, pointing out that it essentially grandfathers the 137 East Rosemary Street building.
Council Member Ward asked for a clearer definition of what "new" meant. Mr. Karpinos explained that the General Assembly's legislation states "any new occupancy." He said that his interpretation was that “any new occupancy” meant anytime an establishment comes in that needs a new Certificate of Occupancy in order to be established. It would not mean a mere change in the name or ownership of the business, or renovations, Mr. Karpinos said.
Mayor pro tem Evans clarified that the owners of the three businesses could continue to exist because they already have Certificates of Occupancy. The ordinance, with 7-60 and 7-63 removed, would not affect them as long as they stay in business, she said. Mr. Karpinos verified that leaving those two sections in would give those businesses five years to retrofit.
Mayor pro tem Evans noted that the latter was what the Council had done with fraternities and sororities in response to a campus fire. She stated that she would support the motion on the floor, but that she was more comfortable with the ordinance as originally proposed because it was more proactive and progressive.
Council Member Kleinschmidt said that he favored the amended ordinance. But, he said, he would not support that either because it does not target the Town's stated safety objectives.
Council Member Bateman inquired about one speaker's comments regarding the Town water supply not supporting a sprinkler system. Mr. Horton replied that there were sprinkler systems all over the Downtown area. There was no problem, he said, but added that it was possible the business would have to provide a new line to its building to service sprinklers.
Council Member Bateman took issue with a comment that the proposed ordinance "was a token gesture" that would not materially affect safety. She pointed out that it would affect the 600 people who were in the three establishments.
Council Member Harrison agreed with Ms. Howe and Council Member Kleinschmidt that the Town still does not have an ordinance that deals with the most problematic establishments. But for now, he said, he would support the motion on the floor.
Mayor Foy agreed that the Council should enact the ordinance, given the circumstances. But, he suggested asking the Fire Chief to address the basic issue of safety in a way that does not unduly burden current businesses.
Council Member Wiggins reminded Council members that the original proposal was for a sprinkler ordinance that would apply to many more businesses. The Council had then gone in this direction because they were uncomfortable with that, she said. Council Member Wiggins suggested that Council members get comfortable with what they want because they had been giving mixed messages to the staff. She predicted that if the staff brings something back it would be what they originally brought with maybe a “tweak or two”.
Council Member Ward asked for more information on whether the Town could require businesses to retrain their staff and keep a daily log regarding exits being free and clear. What kind of code enforcement is being done, he asked, and what can the Town do about limiting and/or removing interior combustibles? Council Member Ward stated that he was comfortable passing the amended ordinance with the understanding that the Council and staff would continue to address public safety issues.
THE MOTION WAS ADOPTED AS AMENDED (8-1) WITH COUNCIL MEMBER KLEINSCHMIDT VOTING NAY.
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL TO REQUIRE THE INSTALLATION OF SPRINKLERS IN NEW AND EXISTING ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES IN ACCORDANCE WITH CERTAIN SIZE, STRUCTURE AND TIME LIMIT STANDARDS (2003-10-08/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Chapter 7, Article II of the Chapel Hill Code of Ordinances is hereby amended by adding a new Division 7 to read as follows:
“DIVISION 7. SPRINKLER REQUIREMENTS-PLACES SERVING ALCOHOLIC BEVERAGES
Sec. 7-60. Sprinkler Requirements for new establishments with an occupancy load exceeding 200 persons serving alcoholic beverages.
Any new occupancy to be established with a rated occupancy load exceeding 200 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage must have an approved NFPA 13 fire sprinkler system installed prior to issuance of a Certificate of Occupancy.
Sec. 7-61. Reserved.
Sec. 7-62. Sprinkler Requirements for new establishments with an occupancy load exceeding 100 persons serving alcoholic beverages.
Any new occupancy to be established with a rated occupancy load exceeding 100 persons and serving alcohol under a North Carolina ABC classification of private club or retail on-site consumption of mixed drink or malt beverage and that has any of its required egress points one story or more above or below grade must have an approved NFPA 13 fire sprinkler system installed prior to issuance of a Certificate of Occupancy.
Sec. 7-63. Reserved.
Sec. 7-64. Restaurants exempted.
None of the provisions of this Division shall apply to restaurants as defined in North Carolina General Statute Sec. 18B-1000 (6).
Sec. 7-65. Automatic sprinkler system not to be disabled.
Upon the occupancy of any new structure subject to this Division or upon the completion of the installation of an automatic fire sprinkler system in an existing structure subject to this Division, no person shall shut off or disable such automatic fire sprinkler system and no owner or resident of such structure shall fail to prevent the shutting off or disabling of such a system. Provided, however, that a sprinkler system may be shut off in order to perform maintenance work on the system during the time that qualified maintenance personnel are on the premises performing necessary maintenance work. Such maintenance work shall only be conducted after notice to and approval by the Town Fire Department.
(Ord. No. 96-11-11/O-5a, § 1, 11-11-96)
Sec. 7-66. Penalties.
(a) Criminal penalties. Violation of any provision of this division shall be a misdemeanor and shall be subject to a fine of $500.00 or imprisonment for not more than 30 days.
(b) Civil enforcement. This division may be enforced by civil penalty or appropriate equitable remedy as may be authorized by applicable N.C. General Statutes, including but not limited to G.S. Sec. 160A-175, G.S. Sec. 160A-432 and G.S. Sec. 143-139.”
(Ord. No. 96-11-11/O-5a, § 1, 11-11-96)
Section 2. This Ordinance shall be effective upon enactment and shall apply to all buildings for which building permits are issued by the Town after the date of enactment.
This the 8th day of October, 2003.
Mayor Foy asked Mr. Horton if he could come back with something that would address Council Members Kleinschmidt's and Ward's questions. Mr. Horton replied that he would, adding that he would also provide an option asking Council members if they want to pursue other legislation. Mayor Foy asked that the report include information on who sets occupancy limits.
Council Member Wiggins ascertained that Mr. Karpinos makes a note when Council members discuss issues that might require legislation.
Item 9 - Response to Citizen Petition on the Patriot Act
Mayor Foy noted that the Council had before it a proposed resolution for protection of civil liberties. In that regard, the staff had reported on information that the Council had specifically requested regarding the Police Department and the Chapel Hill Public Library, he said. Mayor Foy drew attention to information explaining that the Library deletes the record of a patron's use of Internet stations daily. The Library also discards patron Internet sign-up sheets within 48 hours, Mayor Foy said. Mayor Foy said the Library has a procedure that requires the Town Attorney or Police Attorney to get involved before any action is taken on an inquiry from federal officials.
· Comments from Citizens.
Stephani Kilpatrick said that since the attack on the World Trade Center on September 11, 2001, the federal government had discriminated against and infringed upon the civil rights of many individuals in America. For example, the government has detained individuals without charge and without allowing them full access to legal processes, she said. Ms. Kilpatrick explained that the Patriot Act, which had been passed in haste and in an inappropriate manner, embodies further infringements upon civil rights and attempts to legalize that. She pointed out that discrimination, disregard for civil rights, and/or a sense of feeling pressured or bullied by government is not in the spirit of America and certainly not in the spirit of Chapel Hill.
Emily Gordon said that she had recently reread the US Bill of Rights and was so impressed by it that she tacked a copy onto the back window of her car. As a result, she had been stopped by many people who wanted to discuss this topic, she said, adding that people were concerned about the 1st, 4th and 6th Amendments in particular. Ms. Gordon urged Council members to reread the Bill of Rights and to pass the resolution before them. She argued that undermining freedom would not make Americans safer from terrorism.
Andrew Silver stated that all of the reasons that the Bush Administration had given for its policies had been lies. The real reason for those policies is domination of world resources and destruction of any democratic opposition at home, he said. Mr. Silver stated that the federal government had abrogated many of our most basic rights. And the mass of people was indifferent to the frontal assault on our safeguards for democracy and freedom, he said. Mr. Silver commented that Americans still had most of the underpinnings of freedom and must use their democratic rights to defend against further encroachments.
Richard Cramer, former president of the local ACLU chapter, noted that 180 cities and towns and three states already had passed resolutions against the Patriot Act. The more communities that oppose this, the more able American will be to limit its effects, he said. Mr. Cramer stated that some people had been intimidated locally. He argued that it was important to support protections for those who would resist the federal government's intrusion. Mr. Cramer asked Council members to join the many other communities that oppose the US Patriot Act.
Daniel Pollitt, a retired UNC professor of constitutional law, reviewed the history of the US Government's attempts to jettison civil liberties during times of crisis. He began with the witch trials in Salem in1690, reviewed the Alien and Sedition Laws which had disenfranchised the French and Irish, and discussed Andrew Jackson's declaration of Marshall Law after being criticized by an editor of a French magazine. Professor Pollitt continued with examples up to the present and said that the pattern was being repeated by the Bush Administration, and was now directed at Arabs and Muslims. Professor Pollitt advised Council members to "sound the alarm" at the first incursion of civil liberties wherever it occurs.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-5.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REGARDING THE PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES (2003-10-08/R-5.1)
WHEREAS, Chapel Hill is committed to the human rights of its residents and to actions that preserve and protect those rights; and
WHEREAS, Chapel Hill is home to a diverse population, including students, working people, and non-citizens, whose contributions to the community are vital to its character and function; and
WHEREAS, the Town Council is committed to upholding the civil rights and civil liberties of all persons in Chapel Hill and their free exercise and enjoyment of any and all rights and privileges secured by the constitutions and the laws of the United States, the State of North Carolina, and Chapel Hill; and
WHEREAS, actions taken by the federal government, including the adoption of sections of the USA Patriot Act and several Executive Orders, now threaten those fundamental rights and liberties, including freedom of speech, assembly and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, all of which are guaranteed by the Constitutions of North Carolina and the United States; and
WHEREAS, the Executive Branch of the United States government has drafted a “Domestic Security Enhancement Act” (also known as the “USA Patriot Act II”), which would further undermine those rights and liberties by expanding the government’s surveillance authority; by allowing the sharing of sensitive personal information with local and state law enforcement agencies without consent or judicial process; and by authorizing secret arrests and detentions of persons not criminally charged;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council does hereby resolve:
Section 1. That we encourage our State and federal legislative delegations to monitor the implementation of the USA Patriot Act and the Executive Orders cited herein and to work actively for the repeal of those portions of the Act and those Orders that violate the rights and liberties guaranteed by the Constitutions of North Carolina and the United States.
Section 2. That we encourage our State and federal legislative delegations to work actively against adoption of the Domestic Security Enhancement Act cited herein and against any legislation or Executive Order that would undermine residents’ fundamental rights and liberties.
Section 3. That we encourage local law enforcement agencies to continue to preserve residents’ freedom of speech, religion, assembly, and privacy; the rights to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon those rights by federal law enforcement under powers granted by Acts or Orders cited herein.
Section 4. That we encourage federal and State law enforcement officials acting within Chapel Hill to work in accordance with the policies and procedures of and in cooperation with local law enforcement and not to engage in racial profiling or permit detentions without charges.
Section 5. That this resolution be forwarded to our State and federal legislative delegations on behalf of the residents of Chapel Hill.
This the 8th day of October, 2003.
Agenda Item 10 - Annual Budget Amendment to
Reappropriate Funds for Encumbrances
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ENACT O-4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2003-10-08/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003" as duly adopted on June 9, 2003, be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Mayor/Council 306,744 800 307,544
Town Manager/Clerk 990,045 10,766 1,000,811
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
Human Resources 594,406 12,606 607,012
Finance 931,404 21,276 952,680
Information Technology 582,698 167,339 750,037
Legal 235,943 3,624 239,567
Planning 990,128 75,779 1,065,907
Inspections 707,597 27,150 734,747
Engineering 975,565 283,144 1,258,709
Public Works 10,116,076 165,646 10,281,722
Police 9,777,978 62,184 9,840,162
Fire 5,321,401 12,362 5,333,763
Parks & Recreation 2,197,961 31,012 2,228,973
Library 1,959,490 47,921 2,007,411
Non-Departmental 4,779,847 124,283 4,904,130
TOTAL GENERAL FUND 40,467,283 1,045,892 41,513,175
PUBLIC HOUSING FUND 1,659,462 154,482 1,813,944
ON-STREET PARKING
FUND 614,000 19,922 633,922
OFF-STREET PARKING
FUND 1,278,360 93,860 1,372,220
TRANSPORTATION FUND 10,711,048 83,461 10,794,509
VEHICLE REPLACEMENT
FUND 2,376,000 709,743 3,085,743
VEHICLE MAINTENANCE
FUND 897,423 28,378 925,801
COMPUTER REPLACEMENT
FUND 395,000 16,447 411,447
CAPITAL IMPROVEMENTS
FUND 1,225,000 704,823 1,929,823
HOUSING LOAN TRUST
FUND 291,300 113,592 404,892
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Fund Balance 1,290,306 1,045,892 2,336,198
PUBLIC HOUSING FUND
Fund Balance 263,698 154,482 391,180
ON-STREET PARKING FUND
Fund Balance 0 19,922 19,922
OFF-STREET PARKING FUND
Fund Balance 0 93,860 93,860
TRANSPORTATION FUND
Fund Balance 325,465 83,461 408,926
VEHCILE REPLACEMENT FUND
Fund Balance 142,363 709,743 852,106
VEHICLE MAINTENACE FUND
Fund Balance 0 28,378 28,378
COMPUTER REPLACEMENT FUND
Fund Balance 0 16,447 16,447
CAPITAL IMPROVEMENTS FUND
Fund Balance 0 576,727 576,727
Other 0 128,096 128,096
HOUSING LOAN TRUST FUND
Fund Balance 286,300 113,592 399,892
This the 8th day of October, 2003.
Agenda Item 11- Resolution regarding Canary Coalition Request for
Review of EPA’s Routine Maintenance Rule and Urging
Congressional Delegation to Sponsor Repeal of Ruling
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION URGING THE NORTH CAROLINA ATTORNEY GENERAL ROY COOPER TO FILE A PETITION FOR REVIEW AGAINST THE EPA’S “ROUTINE MAINTENANCE” RULE CHANGE IN THE NEW SOURCE AND REVIEW PROVISION OF THE CLEAN AIR ACT AND URGING THE ENTIRE NORTH CAROLINA CONGRESSIONAL DELEGATION TO CO-SPONSOR LEGISLATION IN CONGRESS TO REPEAL THE EPA’S “ROUTINE MAINTENANCE” RULING (2003-10-08/R-6)
WHEREAS, the United States Environmental Protection Agency has issued a rule change to the New Source Review Provision of the Clean Air Act that re-defines the term “routine maintenance” to include an annual investment valued at up to 20% of the total value of older power plants, factories and refineries; and
WHEREAS, these facilities are exempt from installing modern emission control systems as long as they are not upgraded in any way beyond “routine maintenance”; and
WHEREAS, this new rule change would allow the total replacement of a facility in a five-year period without losing its exempt status under the new definition of “routine maintenance”; and
WHEREAS, this policy will create a perpetual exempt status for tens of thousands of heavily polluting industries, in clear contradiction to the intent of the congressional law that created the New Source Review provision; and
WHEREAS, this policy will result in smokestack emission levels that will adversely affect the health of hundreds of thousands of North Carolinians and people throughout the country; and
WHEREAS, Section 20 of the North Carolina Clean Smokestacks Act legally obligates State officials to protect North Carolinians, using “all available means,” from air pollution originating outside this state’s borders;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council urges Attorney General Roy Cooper to act immediately before the deadline of October 27, 2003, on his obligations under Section 10 to file a Petition for review, on behalf of North Carolina, against the EPA’s “routine maintenance” rule change to the New Source Review Provision of the Clean Air Act.
BE IT FURTHER RESOLVED that the Council urges all members of the North Carolina Congressional delegation to co-sponsor legislation in Congress to repeal the EPA’s “routine maintenance” ruling.
This the 8th day of October, 2003.
Item 12 - Appointments:
12a. Bicycle and Pedestrian Advisory Board. Council Members appointed Jed Dube.
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Bicycle and Pedestrian Advisory Board |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
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Jed Dube |
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X |
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X |
X |
X |
X |
9 |
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Christine Khoury |
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Oliver Medzihradsky |
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Brynda Smith |
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Tony Smith |
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Barry Starrfield |
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Karen Whichard |
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12b. Designation of Delegate and Alternate to the National League of Cities’ 2003
Congress of Cities Meeting.
COUNCIL MEMBER STROM MOVED, SECONDED MY MAYOR PRO TEM EVANS, TO ADOPT R-7 AS AMENDED TO APPOINT COUNCIL MEMBER KLEINSCHMIDT AS THE VOTING DELEGATE TO THE CONFERENCE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION DESIGNATING A DELEGATE AND ALTERNATE DELEGATE TO THE NATIONAL LEAGUE OF CITIES’ 2003 CONGRESS OF CITIES ANNUAL MEETING (2003-10-08/R-7)
BE IT RESOLVED that the Council hereby designates Council Member Mark Kleinschmidt to serve as the Council’s voting delegate to the National League of Cities’ 2003 Congress of Cities annual meeting December 12-14, 2003.
This the 8th day of October, 2003.
12c. Transportation Board’s Recommendation for Appointment of a Chapel Hill-Carrboro Board of Education Liaison to the Transportation Board (R-8).
COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPOINTING A MEMBER OF THE CHAPEL HILL-CARRBORO BOARD OF EDUCATION AS A NON-VOTING LIAISON ON THE TOWN TRANSPORTATION BOARD (2003-10-08/R-8)
WHEREAS, on May 28, 2003, the Council asked for a recommendation from the Town Transportation Board regarding the appointment of a member of the Chapel Hill-Carrboro Board of Education to the Transportation Board; and
WHEREAS, on June 17, 2003, the Transportation Board voted to request that the Council appoint a member of the Board of Education as a non-voting member of the Transportation Board; and
WHEREAS, the Council will make the appointment annually, on a fiscal year (July to June) basis;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves appointment of a member of the Chapel Hill-Carrboro Board of Education as a non-voting liaison to the Town Transportation Board.
BE IT FURTHER RESOLVED that the Council accepts the recommendation of the Chapel Hill-Carrboro Board of Education and appoints Ms. Lisa Stuckey to the Transportation Board as the non-voting liaison.
This the 8th day of October, 2003.
Item 13 - Petitions:
13a. By the Mayor and Council Members.
1. Council Member Bateman, regarding a letter from the Kehillah Congregation about an error in taxation referred to the Manager for comment.
Council Member Bateman asked to refer the letter from the President of the Kehillah Congregation to the staff for comment and for any help the Town can give regarding the tax issue. A mistake had been made, she said, and the Town had benefited from that mistake.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)
2. Mayor pro tem Evans, regarding a petition to evaluate whether the Town is increasing habitats for mosquito-borne viruses and, if so, an education program.
Mayor pro tem Evans suggested that the staff look at its regulations for impounding water on site in response to growing concerns about habitats where mosquitoes breed. She wondered whether the Town was causing an increase in the number of areas in which mosquitoes can breed, and requested an evaluation.
Council Member Strom asked if Mayor pro tem Evans was questioning the LUMO regulations. She replied that she might be, "somewhat," since the Town had been adding cisterns and other facilities with standing water. Mayor pro tem Evans wondered if lighting might be needed and proposed that it was worth looking at.
Council Member Verkerk said that her neighborhood had once investigated this and had been told that standing water in pots and toys on the homeowners' sites was chiefly responsible.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER THE ISSUE TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting adjourned at 9:45 p.m.