ATTACHMENT 2

Excerpt from adopted minutes of March 22, 2004

Council Member Greene removed 5c, Response to Petition Requesting Placing Conservation Easement on Town-Owned Open Space.  She requested that more detail be brought back to the Council for discussion and so that Johnny Randall and others might respond.  Council Member Greene noted that this was a request that the Town put land under permanent easement.  She pointed out that the staff's responses were the same that the University could make if/when the Town asks that a large portion of the Horace Williams property be put under conservation easement.  Council Member Greene noted the potential dichotomy associated with the Town asking UNC to put something under conservation easement while being unwilling to do so itself.

Mayor Foy asked Council Member Greene how she would like to proceed.  She suggested scheduling the item to come back at a later meeting for a decision on whether to direct the staff to give a conservation easement, or not, or to do something else.  Council Member Greene proposed possibly crafting an easement that would allow for contingencies.  She acknowledged being in favor of a conservation easement here if the Town could figure out how to make it work.

Mayor Foy clarified that Council Member Greene wanted this brought back as an agenda item.  He suggested including a sample conservation easement so that all would understand what that looks like as a document.

Council Member Harrison stated that he had made several phone calls trying to determine who could hold this easement, since the Town cannot do so on its own property.  Mr. Randall had told him it would be either the Botanical Garden Foundation, in the case of Morgan Creek, or Orange County, he said.  Council Member Harrison pointed out that this could get complicated, since Orange County and The Botanical Garden Foundation would have to agree.  He asked that this issue be explored before it comes back.  Johnny Randall had asked to speak on this when it comes back in late April, said Council Member Harrison.  He remarked that the key principle was that the easement has to be held by someone other than the property owner.

Mayor Foy explained that he had read the Town Attorney's memo as saying that a body such as the School Board could condemn an easement, if you are a local government.  Mayor Foy agreed that there was much to discussed about what the Town should do, how it should do it, and whether it is equitable to ask the University to do it if the Town does not do.

Council Member Greene requested background information on the Greene Tract easement. 

INFORMATION REPORTS WERE RECEIVED BY CONSENSUS OF THE COUNCIL.

Council Member Ward noted a more general issue associated with the one above.  In this case, the petitioner had not been aware of the date the staff would submit a response, he said.  He asked that the petitioner be given an opportunity to address the staff's concerns.  Mr. Horton explained that such a process and practice already was in place and apologized for the error in this case.  The staff routinely sends notices to petitioners by email, telephone, or written notes, he explained.  Mr. Horton said that he and the Town Attorney had been the staff on this reply.  They were not as good about such things as their other staff, he said.