SUMMARY MINUTES OF A PUBLIC HEARING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, SEPTEMBER 13, 2004, AT 7:00 P.M.

Mayor Kevin Foy called the meeting to order at 7:00 p.m.

Council Members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Katherine Lazorko, and Acting Town Clerk Sandy Cook.  

Item 1 - Ceremonies: Recognition of the Chapel Hill Museum

Chapel Hill Museum Director Jenny Barker explained that she had graduated from UNC-Chapel Hill several years ago and had been eager to come back and take on the position of Museum Director when it was recently offered to her.  She discussed current programming and exhibits, and shared her ideas for expanding the Museum's educational and outreach activities.  Ms. Barker mentioned programs for adults and children, special exhibits that would appeal to a wide range of audiences, and smaller, in-depth exhibits for targeted audiences.  She proposed doing a history of Rainbow Soccer, for example, and perhaps having an Algonquin Book Roundtable that would include the publisher as well as writers and readers.  Ms. Barker emphasized that the Museum wanted to be part of the Town's effort to make Downtown a "Mecca for the arts."

Mayor Foy thanked Ms. Barker for sharing her enthusiasm with the Council.  He also thanked other Museum members who were present for their service.

Mayor Foy suggested changing the order of some of the evening's discussion, noting that the petitioners for Item 3a(1) had asked to be moved forward.  He proposed hearing from them next,  and then moving Item 5.1 to the beginning of the meeting as well.  That would allow the Council to settle procedural matters, such as deciding how many people to appoint to the Committee to Consider Renaming Airport Road, before submitting ballots regarding that Committee, said Mayor Foy.

Item 2 – Public Forums

The Council agreed by consensus to delay the Public Forums until later in the meeting.

Item 3 - Petitions by Citizens and Announcements by Council Members

3a. Petitions by citizens on items not on the agenda.

3a(1).   Lottie Strauss, regarding Installation of Benches along Walking Paths.

Ms. Strauss, representing Peer Learning, a group of senior citizens who strive to stay active physically and mentally, expressed gratitude to the Town for the paved walks along Booker Creek Trail, Bolin Creek Trail, and other parts of Town.  She explained, though, that seniors were not able to use those paths without sitting down and resting along the way.  Ms. Strauss stated that the entire senior community of Chapel Hill would be extremely grateful if the Council would approve her request.

Betty Klauber, a Peer Learning board member, expressed support for Ms. Strauss's petition.  Peer Learning has a program called "Stepping Out," she said, and she would request adding a walking program to Stepping Out if there were benches along Town trails.

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

3a(2).   Julie McClintock, member, Stormwater Advisory Committee, regarding the Comprehensive Stormwater Plan.

Ms. McClintock, representing several members of the former Stormwater Advisory Committee, summarized her petition to the Council requesting that the staff permit the previously seated Committee to review the request for a proposal for the Comprehensive Stormwater Master Plan, and provide constructive input to the staff.

Mayor Foy pointed out that the Stormwater Advisory Committee had served the Town well.  If citizens from that Committee were willing to do something without staff support, he said, he did not know why the Council would not permit it.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ALLOW THE STORMWATER ADVISORY COMMITTEE TO RECONVENE ITSELF AND REVIEW THE DRAFT REQUEST FOR PROPOSALS FOR THE STORMWATER MASTER PLAN.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(3).   Mike Lanier, regarding a Grant to Hook up to City Sewer.

Weaver Dairy Road residents Mike and Meg Lanier requested a grant for connecting to Town sewer.  Mr. Lanier explained that the previous owner of their house had put in a septic tank.  The Laniers had been having trouble with the septic field, he said, and the Health Department had ordered them to hook up to city sewer.  Mr. Lanier told Council members that the estimated cost of hooking up to Town sewer was between $15,000 and $27,000.

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

3a(4).   Dale Pratt Wilson, regarding Teenage Drinking.

Ms. Pratt Wilson, representing the Committee for Drug Free Teenagers, spoke about a "growing epidemic" of teenage drinking and drug use in Chapel Hill.  She referred to a Youth Risk Behavior Survey from the Center for Disease Control, which showed that Chapel Hill's children were outpacing national averages.  Ms. Pratt Wilson proposed that the community's "very slack standard" was part of a complex community problem that could not be dealt with without the city as a "solution partner."  She asked the Council to adopt a policy that affirms strong law enforcement of drug and alcohol violations by the Town's youth and against those who illegally provide teens with alcohol or drugs.

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

3a(5).   Thomas Ferrar, regarding The IFC Shelter.

Pine Knolls resident Thomas Ferrar spoke against the possible plan to move the IFC Homeless Shelter to Merritt Mill Road.  He noted that there was a school, a Head Start program, and many senior citizens in that neighborhood.  People were anxious about the possibility of a men's shelter being situated there, he said.  Mr. Ferrar acknowledged that every town needs to have a homeless shelter, but asked the Town Council to consider the senior citizens and others in his neighborhood and not put it near them.

Noah Powell agreed with what Mr. Ferrar had said, emphasizing the negative effect that a men's homeless shelter could have on the youth, senior citizens, and college students who live in the Merritt Mill Road area.

Ted Parrish listed several intrusions into the Merritt Mill area over the years.  These include a 60-car parking lot for UNC employees, a huge water tank for Chapel Hill residents, a co-generation plant for UNC energy, a cell tower, low-income rental units, and college student housing, he said.  Mr. Parish noted that the neighborhood had also had to confront drug dealing in its midst.  He suggested that the IFC find somewhere other than this "already overburdened community" for its men's homeless shelter.

Mayor Foy noted that there had been a petition the previous week regarding the IFC's proposal.  He verified with the Town Manager that there would be a staff report on the issue at the Council's September 20, 2004 meeting.  Mayor Foy asked tonight's speakers to provide the Town Clerk with contact information so that they could receive information regarding that meeting.  

Item 5.1 - Appointment of Special Committee to Consider

Renaming of Airport Road; Employment of Facilitator

Mayor Foy referred to his memo outlining the following potential options for structuring the Special Committee: to appoint everyone who had applied; to have a smaller committee; or to go with the original structure (four NAACP members, four Airport Road residents or business owners, three Council members, and seven citizens-at-large).  Mayor Foy recommended keeping the original structure but finding a way to include everyone who had applied.  That might mean sending them all of the information that the Committee receives, inviting them to all Committee meetings, and requesting their participation at various points, he explained.  Mayor Foy also proposed asking the People's Channel and WCHL-TV to broadcast Committee meetings so that the full community would be involved.

Council Member Kleinschmidt questioned the estimated $15,000-$25,000 facilitator fee mentioned in the Mayor's memo.  Mayor Foy explained that the facilitator to whom he had spoken had given a range of possibilities.  All of those possibilities had been included in the estimate, he said.  Mayor Foy noted that the Town Manager would negotiate the contract if the Council decided to hire a facilitator.

Council Member Greene spoke in favor of having competitive bidding.

Mayor Foy agreed that the Council could do that, but noted that one main objective had been to expedite the process.  Mayor Foy explained that the facilitator he had spoken with had had experience with similar committees.  There might be others in the community who would be good facilitators, he said, but he did not know of any others who do this particular kind of work.  Mayor Foy told the Council that he had not actively sought facilitators but that some had come forward and the others were not necessarily as qualified as this one.  He was trying to give the Council a sense of what he had learned, he said, but repeated that it was not he who would negotiate the contract.

Council Member Kleinschmidt stated that he was confused about the process due to the vagueness of the Mayor's memo.

Council Member Harrison questioned the suggestion, in option four, to provide all materials to those who were not appointed.  In the interest of fiscal constraint, he said, people should be allowed to opt out of the process.  

Council Member Strom agreed with Council Member Greene's suggestion about having a choice of facilitators.  He said that $20,000 seemed like a "hefty fee."

Mayor Foy determined from Mr. Horton that it probably would take a week to ten days to obtain more proposals.  Mayor Foy asked if the Council wanted to do that, and have the first meeting in October rather than September.

Council Member Hill replied that it would be worthwhile to do so in the interest of saving money and having time to consider other options.

Mayor pro tem Wiggins remarked that it was important for Council members to be satisfied with the selection process.

Council Member Kleinschmidt agreed with the suggestion to obtain more proposals, but stressed that the Council should maintain the date for a decision from the Committee.  He had not supported creating a Committee in the first place, he pointed out, and he did not want to see a long and dragged-out process.

Mayor Foy responded to Council Member Kleinschmidt’s comment, saying that tonight was only the second Council meeting of the fall, and he was trying to expedite the matter as best he could.

Council Member Verkerk agreed with Mayor Foy's response, adding that Council Member Kleinschmidt's complaints seemed in conflict with each other.      

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO ACCEPT OPTION FOUR FROM THE MAYOR'S MEMO, AS AMENDED TO SEEK PROPOSALS FROM MORE FACILITATORS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Foy asked Council members to submit their ballots for the Special Committee to Consider Renaming of Airport Road.

Council Member Strom inquired about the procedure, and Mayor Foy explained that there were four different categories.  Anyone in a category needed a majority in order to be appointed, said Mayor Foy.  If there are not enough people who get sufficient votes on the first ballot then the Council would determine criteria for a second ballot.

Item 2- Public Forums

2a.   Draft Report on Financial Feasibility Analysis on Building Program for Town Parking Lots 2 and 5 and Related Sites.

Senior Long Range Planner Chris Berndt reviewed the Town's process thus far:

· Downtown Small Area Plan, March 2000

· Comprehensive Plan, May 2000

· Downtown Design Workshops, Feb-March 2002

· Council Committee on Lots 2 and 5 Formed, June 2002

· Council Adopted Principles and Priorities for Sites, February 2003

· Contact with Stainback Public-Private Real Estate, November 2003

Ms. Berndt outlined key steps in the Stainback Public Private Real Estate (SPPRE) contract, noting that the Town was currently addressing the financial analysis section.  In October, the Council would consider whether or not to proceed with soliciting for and selecting a developer, she said.  Ms. Berndt said that opportunities for public input would continue throughout the process.

Ms. Berndt explained that the Committee would meet on September 27, 2004, to discuss refinements to the report.  On October 11, 2004, the Council was scheduled to consider starting the proposal stage, she said.  If the Council decides to solicit proposals, then there would be another couple of months of developing the proposal before it would go forward, Ms. Berndt explained.

SPPRE Consultant John Stainback presented a draft cost estimate and a financial analysis report.  He reviewed development scenarios, the building program, and the implementation phasing plan.  He also gave a summary of financial models for Parking Lots 2 and 5, the Wallace Deck Extension, the RBC Garage, and the Transit Transfer Center.  Mr. Stainback discussed the financial feasibility of the projects, and addressed the tax implications, affordable housing options, and the recommended developer solicitation methods.  

Mayor Foy asked about "gap financing" for Parking Lot 5 and the Wallace Deck.  Mr. Stainback explained that this was -2.86% and -2.34%, respectively, of the total cost that is not privately financed.  The gap would be resolved within the next couple of weeks, he said, adding that it would not be the Town's responsibility.  Mr. Stainback also noted a surplus (2.34%) of financing for Parking Lot 5.  

Mr. Stainback stated, in summary, that the total development costs of all sites would be $66.3 million dollars.  The private partner would be responsible for $56.3 million and the Town would be responsible for $7.89 million (12% of the total development cost), he said.  Mr. Stainback listed measures that SPPRE had taken to optimize private financing and mentioned potential sources of income (rent, leases, parking revenue and property taxes) that would help support Town debt.   All of the dept issued by the Town would be covered by non-tax income and tax revenue generated by the project, Mr. Stainback said.

Mr. Stainback displayed a chart indicating that total non-tax income to the Town over 30 years would be $18.8 million.  On the tax revenue side, the Town would receive $14.2 million over 30 years and the County/School District would receive $24.1 million, he pointed out.  Mr. Stainback explained that the State would receive $22.3 million and Orange County would receive $12.4 million in sales tax income over the 30 years.  Those three categories taken together total about $73 million of tax revenue and $18.8 million of non-tax income, he said.  Therefore, Mr. Stainback pointed out, the projects would generate $91.7 million of income for the Town, County and State, with the Town receiving almost $33 million. Mr. Stainback noted that there were eight standard, recommended solicitation methods.  He recommended three of those and outlined the advantages and disadvantages each.

Mayor Foy noted that Mr. Stainback had spent more that two hours reviewing the numbers with the Council Committee prior to tonight's Council meeting.

Council Member Ward ascertained that the construction costs reflected current figures, noting that such costs had increased recently.  Council Member Ward asked if construction costs would increase by about 10% in the next year.  Mr. Stainback replied that he would have to research that.  But it seemed unlikely that they would increase more than 10%, he said, adding that they probably would not increase much more than 5%.

Council Member Strom clarified that Committee meetings had been open and that there had been much public participation.  The next meeting would be on September 27, 2004, he said.

Mayor Foy pointed out that many citizens had commented at Committee meetings.  It seemed as though they were taking the opportunity to comment there rather than at the larger Council meetings, he said.  Mayor Foy stated that Committee meetings had been conducted in a very open manner and had invited public input.

Chapel Hill resident Lynne Kane told Council members that the question of whether the housing units at Lots 2 and 5 would be rentals or owner-occupied had come up at Committee meetings.  She wanted to tell the full Council that there might be absentee owners even with owner-occupied units, she said.  If a developer owns the units and rents them out then at least the Town knows whom to contact, Ms. Kane pointed out.

Chapel Hill resident Betty Maultsby inquired about the occupancy rates that had been assumed when estimating sales tax to the County and State and other streams of revenues based on occupancy of the new facilities.  Mr. Stainback replied that they had assumed a vacancy of 10% with a bad debt of 1% in the first year.  That would stabilize at a vacancy rate of 7% with a bad dept of 1%, he said.

Mayor Foy asked Mr. Stainback if he had implied earlier in his presentation that the Town could negotiate some protection against increases in construction costs.  Mr. Stainback replied that this could not be done.  But the Town could design the finance model so that there would be a comfortable cushion "so that the project doesn't tilt" at a 15% overall increase in the estimated cost of construction," he said.

Mayor Foy verified that Lot 5 had a surplus.  Mr. Stainback commented that taking money from the Town would be his last resort.  There are many other ways to reduce costs and enhance cash flow, he pointed out.

Mr. Horton commented that part of Mr. Stainback's challenge would be to test some of the assumptions he had made in this preliminary analysis.  The staff and the Committee already had challenged some of them, he said.  Mr. Horton stated that there probably would be some changes before the Council saw the numbers again.  Mr. Stainback had worked constantly to make the numbers as sound and realistic as possible, but there still was a way to go, Mr. Horton said.

Mayor Foy noted that the next Council Committee meeting would be on September 27, 2004, at 4:00 p.m. at the Town Hall, and that Mr. Stainback would be present.

Council Member Strom added that the meeting would focus on the financial models presented tonight and would discuss the rental versus ownership issue in more detail.

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

Mayor Foy noted that one last petition needed to be heard by the Council before proceeding with the next public forum.

3a(6).   Petition from the Historic District Commission.

Mayor Foy summarized the Historic District Commission’s written request that the Council delay the public hearing on recommendations regarding a Demolition by Neglect ordinance until January 19, 2005.

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

Mayor Foy indicated the next item on the agenda was the second public forum, Item 2b.

2b.   Draft Durham-Chapel Hill-Carrboro 2030 Regional Transportation Plan.

Noting that the Council had completed work on the 2025 Transportation Plan only a short time ago, Mr. Horton introduced Town Planner David Bonk to review how the 2030 Plan differed from the 2025 one.

Mr. Bonk explained that the federal government adopted new air quality guidelines after the Council adopted the 2025 Plan in May 2003.  Those guidelines require that every Metropolitan Planning Organization (MPO) in the nation revisit their plans to see if they conform to new regulations, he said.  Mr. Bonk noted that the process to revise the 2025 Plan was outlined on page two of his memo.

Mr. Bonk expressed concern that the results of the 2030 plan modeling analysis that the Town had recently received were significantly different from the results it had received in May 2004.  He remarked that it was "unclear at this time as to what had changed in that process."  Mr. Bonk noted that the Town would have to review these changes with the Durham staff.

Mr. Bonk explained that the amount of anticipated congestion had been lessened in the recent analysis and that this would affect some of the major corridors in Chapel Hill.  The Transportation Advisory Committee (TAC) would review the recent version on September 22, 2004, he said.  Mr. Bonk noted that the Council was scheduled to take it up again for a final recommendation on September 27^th, and the TAC was looking forward to a September 29, 2004 approval of a final Plan.

Mr. Bonk said that the estimated deficit between projected revenues and expenditures had grown from about $400 million to approximately $960 million.  This was due to work related to refining the transit network and was explained on pages 67 and 68 of the memo, he said.  Mr. Bonk told Council members that the staff had hoped to have a preliminary evaluation of how well the Plan would meet new air quality standards.  But that assessment had not been done and might not be ready for the TAC's final action on September 29^th, he said.   So, in effect, whatever the TAC approves on September 29^th would go forward based on a hope that it will pass the Air Quality Conformity Analysis, Mr. Bonk explained.  If the Town fails that test, he said, then the federal certification will lapse and all federal funding to the entire urban area for transportation projects would be frozen.  Moreover, the federal government would not accept the Plan unless it is financially balanced, Mr. Bonk pointed out.  He noted that the shortfall must be far less than the $960 million that is currently projected.

Chapel Hill resident James Easthom spoke against the recommendation to widen Weaver Dairy Road Extension. That road serves only residential neighborhoods, he said, explaining that many children live there and that there already was a speeding problem.  Since Weaver Dairy Road had not been described as congested in the Plan, he did not understand why the Town would widen Weaver Dairy Road Extension, Mr. Easthom said.

Former Council Member Joyce Brown remarked that the Town seemed to be going through the motions of a public process in order to satisfy some bureaucratic checklist and to get federal funding.  Tonight's meeting did not feel like a meaningful public forum, she said, noting that the material in the staff memo was not even that which would be before the TAC when it votes at the end of the month.  Ms. Brown wondered if any of the issues of substance regarding air quality that she had addressed over the years had ever mattered.

Westwood Drive resident Elaine Barney reviewed her neighborhood's concerns and requests and the Council's actions over recent years.  She asked Council members to remove the Cameron Avenue rail corridor and to consider proposals to designate Manning Drive and Columbia Street as transit corridors to the Horace Williams tract.

Council Member Harrison determined from Mr. Bonk that the Long Range Transportation Plan had the capability, in theory, of evaluating cumulative impacts on specific corridors.  Mr. Bonk replied that such information could be pulled out of any segment of the network.  He questioned the reliability of the model, however, noting that numbers and maps had changed.

Council Member Strom described the information that the Council was receiving as "depressing," adding that it seems like a shift from a "bureaucratic exercise based on modeling to a bureaucratic exercise based on guessing."  There was no plan for the revenue shortfalls reflected in the report, he pointed out.  And the Town was guessing about air quality and was widening roads in neighborhoods where the Council had made policy decisions saying that they do not want that to happen, he said.  Council Member Strom stated that he would not "rubber stamp" the 2030 Plan in its current form and "play along in a charade."  He wanted some meaningful options that would express the Town's discontent with the flawed process, he said.

Mr. Bonk replied that the Council could, at minimum, make that statement.  Mayor Foy and Council Members Strom and Harrison, the Town's representatives on the TAC, could also make that point to the larger group, he pointed out.  Mr. Bonk said that the critical issue was the financial side, noting that the Town had to make $900 million in cuts, or find $900 million in revenues, or do some combination of both by September 29, 2004.

Mayor Foy recalled that when the Town had lapsed in the past it had not received money for Chapel Hill Transit.  So, this has consequences for dollars that the Town depends on, he said.  Mayor Foy noted the conflict between saying as a Town that the Plan was not acceptable, or even realistic, and, on the other hand, lapsing and losing funding.

Mr. Horton expressed concern that the staff could not provide the Council with adequate information and had almost no time to consider options.  He recognized that the Town was at the mercy of multiple agencies, he said, but he suggested starting to figure out where additional resources and guidance is needed so that reports, at least, could be produced on time.

Mayor Foy noted that the Town was contributing $30,000 in funds this year to support the Metropolitan Planning Organization (MPO) staff.  He commented that his experience while serving on the TAC was that "nobody has been able to pry these reports loose."  He noted that the Orange County Commissioners complain at every meeting but that nothing changes.  Mr. Horton proposed that the Town begin a negotiation that would correct that.

Mr. Horton said that he and Mr. Bonk had discussed the possibility of having a different agency be the staff 's home for these purposes.  In many areas, the Triangle J Council of Government, or its equivalent agency, would be the focus of such resources, he said.  Mr. Horton stated that there might be some advantage in at least considering that arrangement.

Council Member Strom recommended that the Manager and Mayor discuss what leverage the Town has to affect a change in the process.  The Town should not accept substandard, tardy work simply because that is the way that federal funds get released, he said.  Council Member Strom pointed out that the Plan was not going to be realized unless there were dramatic changes.

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, THAT THE MAYOR AND TOWN MANAGER HAVE DISCUSSIONS AND PRESENT OPTIONS TO THE COUNCIL ON SEPTEMBER 27, 2004.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Ward asked if there were any other MPOs or TACs who were getting more results.  Mr. Bonk replied that the Durham MPO was next to the Charlotte MPO as far as the breadth of its involvement and the technical capabilities of its staff.  But, since it was not living up to the Town's expectations, there clearly was room for improvement, he said.

Mayor Foy explained that there had been some discussion about combining the staffs of the Durham MPO with the Chapel Hill/Carrboro MPO.  The idea was that this could achieve some efficiency, he said, commenting that there were upsides and downsides to that as well.

2c.   Proposed 2004 Local Law Enforcement Block Grant.

Valerie Foushee, Police Department Business Manager, spoke about the proposed expenditures for the 2004 Law Enforcement Block Grant.  Ms. Foushee said that the Police Department had benefited by receiving these additional dollars for several years.  The amount of their anticipated award this year was considerably lower, she said, adding that the U.S. Department of Justice had stipulated that the funds be used to reduce crime and increase public safety.  Ms. Foushee explained that the Police Department wanted to use a portion of that funding to purchase radar equipment to increase traffic enforcement in neighborhoods.  She invited comments and suggestions from the Council and citizens.

Mayor pro tem Wiggins confirmed from Mr. Horton that this would come back at the Council's next regular business meeting.

3c.   Announcements by Council Members.

Council Member Harrison announced an Active Living By Design event on September 14, 2004, at the Chapel Hill Community Center at 10:30 a.m.

Item 4 - Consent Agenda

COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO ADOPT R-1.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-09-13/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:

a.	Nominations to various advisory boards and commissions (R-2).
b.	Calling a Public Hearing on Laurel Hill Road Right-of-Way Closure (R-3).
c.	FY 2004 Section 5307 Project Ordinance for Transportation Capital and Planning Grant (O-1).
d.	FY 2005 Section 5303 Project Ordinance for Planning Grant (O-2).
e.	Acceptance of Bureau of Justice Assistance Bullet Proof Vest Partnership Grant (O-3) (R-4).
f.	Change in Contracting Agency from North Carolina Cooperative Extension to Orange County (R-5).

This the 13^th day of September, 2004.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2004-09-13/R-2)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Special Committee to Consider Renaming Airport Road

Virginia Barbee

William Barbee

Ralph Bass

Brenda Brown

W. Fitzhugh Brundage

Charles Carver

Yonni Chapman

George Cianciolo

Justin Coleman

Charles Collier, III

Janice Cosby

Mildred Council

Ernest Crawford

Stephen Cunningham

Mabel Curnow

Randall Curnow

Gordon DeFriese

Suzanne Dornsmith

Flora Dunbar

Michael Eisen

Carol Feddeman

Martin Feinstein

Anthony Fleg

Jesse Gibson

James Groot

Chris Harper

L. Gene Hatley

Joe Herzenberg

David Holdzhkom

Catherine Holland

Showchien Hsieh

Carolyn Ikenberry

Creighton Irons

Barbara Janeway

Tom Jensen

Bruce Johnson

Thomas Keyserling

David Kroninger

Denise Lanham

Melissa Lankford

Stephen Largent

Michelle Laws

Rachel Mandal

Anthony Martin

Diane McArthur

Mark McGrath

Mae McLendon

Sheila Mikhail

Ellen Faye Johnson Morgan

Billy Morgan

Aaron Nelson

Ashley Osment

Sjouk Overdyk

Frank Phoenix

Theresa Raphael-Grimm

Russell W. Ray

Ernest Roberts, Jr.

Aidan Smith

Stuart Solomon

Chuck Stone

Rita Thissen

J. Darren Thompson

A. John (Jack) Vogt

Todd Wielar

Technology Committee

Matt Hapgood

This the 13^th day of September, 2004.

A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF A SECTION OF LAUREL HILL ROAD RIGHT-OF-WAY (2004-09-13/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares it’s intent to consider closing a section of Laurel Hill Road right-of-way as shown on Orange County Tax Map 7.66, which said right-of-way is approximately 60 feet wide and located between Fordham Blvd and Coker Dr.

BE IT FURTHER RESOLVED that the Council calls a Public Hearing at 7:00 pm Monday, October 18, 2004, in the Council Chamber at Town Hall, 306 N. Columbia Street, Chapel Hill, North Carolina to receive public comment on the proposed closing of said right-of-way.

This the 13^th day of September, 2004.

AN ORDINANCE ESTABLISHING A PROJECT BUDGET FOR A TRANSPORTATION GRANT (2004-09-13/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant projects are hereby established:

SECTION I

The Urban Area Formula Program (Section 5307) funds are from 2003 federal funds from an agreement with the Federal Transit Administration.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration and the North Carolina Department of Transportation within the funds appropriated herein.

SECTION III

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

Urbanized Area Formula Program (Section 5307)

Federal Transit Administration	$552,575
N.C. Department of Transportation (NCDOT)	43,003
Town of Chapel Hill	95,141
Total	$690,719

SECTION IV

The following amounts are appropriated for the FY2004 Section 5307 project:

Salaries - Full Time	$90,000
Fringe Benefits	13,145
FICA	6,885
M & R Vehicles	48,820
Building and Equipment Rents	17,720
Capital Equipment	514,149
Total	$690,719

This the 13th day of September, 2004.

AN ORDINANCE ESTABLISHING A PROJECT BUDGET FOR A TRANSPORTATION GRANT (2004-09-13/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

SECTION I

The project authorized is a Transit Planning Grant, more specifically known as a Federal Transit Administration Planning Program Section 5303, awarded through an agreement with the City of Durham.  The project provides funds for transit planning activities.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreement executed with the Federal Transit Administration, the North Carolina Department of Transportation, and the City of Durham and within the funds appropriated herein.

SECTION III

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

City of Durham (FTA & NCDOT)                   $74,570

Town of Chapel Hill (local match)                         8,286

                                                Total                $82,856

SECTION IV

The following amounts are appropriated for the project:

Salaries - Full Time	$32,000
Salaries – Temporary	14,000
Fringe Benefits	1,537
FICA	3,519
Travel	4,700
Misc Contractual Services	11,100
Supplies Software License/Support Equipment	3,500 2,500
Equipment	10,000
Total	$82,856

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report.  He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 13th day of September, 2004.

AN ORDINANCE TO AMEND “AN ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-09-13/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2004” as duly adopted on June 14, 2003, and the same is hereby amended as follows:

Article I

This the 13th day of September, 2004.

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DEPARTMENT OF JUSTICE ASSISTANCE BULLETPROOF VEST PROGRAM (2004-09-13/R-4)

WHEREAS, the Bureau of Justice Assistance has made funds available to enhance the quality of law enforcement services provided to local communities; and

WHEREAS, the Town’s application in the amount of $9,111 was approved by the Bureau of Justice Assistance; and

WHEREAS, these grant funds would be used to assist in procuring bulletproof vests for law enforcement officers;

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

This the 13^th day of September, 2004.

A RESOLUTION AUTHORIZING THE MANAGER TO ENTER INTO A PERFORMANCE AGREEMENT WITH ORANGE COUNTY (2004-09-13/R-5)

WHEREAS, by Resolution 2004-04-26/R-12, the Town Council granted $13,700 of Community Development Block Grant Program funds to North Carolina Cooperative Extension to implement the PAYOFF Program; and

WHEREAS, North Carolina Cooperative Extension has requested that the Town change the contracting entity to “Orange County”;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into a Performance Agreement with Orange County for services to be performed by the North Carolina Cooperative Extension. 

This the 13^th day of September, 2004.

Item 5 - Information Items

a. Report on Legislation from the 2004 Session of the General Assembly

Received by consensus of the Council.

Item 6 - Demolition of House Located at 107 Stephens Street

Mr. Horton explained that when a property becomes dilapidated and cannot be brought up to Code the Town goes through a process to require that it be demolished.  He recommended that the Council authorize the Town to demolish the property at 107 Stephens Street.

Council Member Hill ascertained from Mr. Karpinos that the owners of this property had been contacted on a number of occasions.  Mr. Karpinos asked that a date in the first finding be corrected to September 13, 2004, rather than July 26, 2004.

Council Member Greene confirmed with Mr. Karpinos that the owners would be notified about this ordinance and advised that they have another opportunity to comply before the Town acts.

Council Member Harrison asked if there was a set number of months for compliance in such situations.  Mr. Karpinos replied that there is a minimum amount of time and that this house was well past that minimum.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ENACT O-5A, AS AMENDED TO CORRECT THE DATE IN THE FIRST FINDING TO SEPTEMBER 13, 2004.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE DIRECTING THAT THE BUILDING INSPECTOR PROCEED TO EFFECTUATE THE PURPOSE OF CHAPTER 9, ARTICLE 2 OF THE CHAPEL HILL CODE OF ORDINANCES AS THEY APPLY TO THE DILAPIDATED HOUSE AT 107 STEPHENS STREET, TAX MAP NUMBER 7.83.F.15 INCLUDING HAVING THE STRUCTURE DEMOLISHED AND A LIEN FOR THE COST OF DEMOLITION PLACED ON THE PROPERTY (2004-09-13/O-5a)

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

Section 1.  Findings.

A.  The Council finds, based on the report of the Town Manager dated September 13, 2004, that the Chapel Hill Inspections Department has taken the procedural steps required by Chapter 9 of the Town of Chapel Hill Code of Ordinances with respect to the residential structure at 107 Stephens Street, Chapel Hill  (TMBL # 7.83.F.15) prior to adoption this Ordinance.

B.  The Council finds that the owner of this dwelling has been given a reasonable opportunity to bring the property into conformity with the Housing Code of the Town of Chapel Hill and has failed to do so.

C.  The Council finds that the Inspections Department conducted a hearing on January 6, 2003, for the purposes of determining whether the property at 107 Stephens Street is unfit for human habitation and deteriorated.

D.  The Council finds that the Inspections Department, as a result of that hearing, determined that the property is deteriorated and unfit for human habitation and in violation of the Town of Chapel Hill Housing Code.

E.   The Council finds that the owner has failed to comply with the Order issued by the Inspections Department on January 6, 2004, to have the structure demolished and removed and that the time period established to comply with that order or appeal that Order has expired.

Section 2.  Order.

IT IS THEREFORE ORDERED, pursuant to Section 9-25 (b) of the Chapel Hill Code of Ordinances, that the Chapel Hill Building Inspector shall have the dilapidated residential structure at 107 Stephens Street demolished and a lien placed on the property for the cost of the demolition.

IT IS FURTHER ORDERED that a copy of this Ordinance be recorded in the office of the Register of Deeds of Orange County indexed in the name of the property owner in the Grantor index.

This 13^th day of September, 2004.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO ENACT O-5B.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND “AN ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-09-13/O-5b)

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, 2004” as duly adopted on June 14, 2003 and the same is hereby amended as follows:

This the 13^th day of September, 2004.

Item 7 – Appointments

7a.   Chapel Hill Active Living by Design Partnership Advisory Committee.

The Council appointed Regina Blalock, Emily Lees, and Truls Ostbye to the Active Living by Design Advisory Committee.  Mayor Foy noted that one seat remained if anyone was interested.  

	Council Members
Chapel Hill Active Living by Design Partnership Advisory Board		Foy	Greene	Harrison	Hill	Kleinschmidt	Strom	Verkerk	Ward	Wiggins	TOTAL
Regina Blalock		X	X	X	X	X	X	X	X	X	9
Emily Lees		X	X	X	X	X	X	X	X	X	9
Truls Ostbye		X	X	X	X	X	X	X	X	X	9

Item 8 - Petitions

8a(1).   Council Member Ward, regarding Support for Car Free Day.

Council Member Ward recommended that the Town contribute $500 in support of the Village Project's initiative to make Chapel Hill part of "Car Free Day."  This would allow the Manager to enter into a Performance Agreement with the Village Project to make sure the money was used wisely, he said.  Council Member Ward noted that individual members of the Town staff were planning to participate.  They would be making a contribution toward the improvement of air quality by reducing the use of cars on September 22, 2004, he said.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-6.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING PERFORMANCE AGREEMENT IN SUPPORT OF CAR FREE DAY (2004-09-13/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to negotiate and execute a performance agreement with The Village Project to support part of the costs of Car Free Day; and, that the Council authorizes the use of $500 from the Council’s contingency account for this purpose.

This the 13^th day of September, 2004.

Council Member Verkerk noted that citizens could pledge to participate in Car Free Day online at www.carfree.com. 

7b.  Special Committee to Consider Renaming Airport Road.

Mayor Foy announced the appointments in the following categories:

From the NAACP: Jesse Gibson, Gene Hatley, May McLendon and Ashley Osment.

From Airport Road: Bruce Johnson, David Kroninger, Sheila Mikhail and Darren Thompson.

History: W. Fitzhugh Brundage and Aidan Smith.

Citizens-At-Large: Justin Coleman, Joe Herzenberg, Creighton Irons, Tom Jensen and Curtis Harper.

Mayor Foy noted that there were still two Citizens-At-Large seats unfilled.

The Council agreed to vote again for those who had received at least three votes on the second ballot. These were Brenda Brown, George Cianciolo, Mildred Council and Chuck Stone.

After voting again, the Council appointed Brenda Brown and Chuck Stone.

	Council Members
Special Committee to Consider Renaming Airport Road		Foy	Greene	Harrison	Hill	Kleinschmidt	Strom	Verkerk	Ward	Wiggins	TOTAL
NAACP Members (appoint 4)
Virginia Barbee (Also History)						X					1
Yonni Chapman (Also History)
Mildred Council (Also History)
Jesse Gibson		X	X		X		X	X	X	X	7
L. Gene Hatley (Also History)		X	X		X		X	X	X	X	7
Michelle Laws			X		X	X	X				4
Mae McLendon (Also History)		X		X		X		X	X	X	6
Ashley Osment		X	X	X	X	X	X	X	X	X	9
Residents or Business owners of Airport Rd (appoint 4)
Charles Carver						X				X	2
Janice Cosby				X							1
Gordon DeFriese
Catherine Holland									X		1
Bruce Johnson		X	X	X	X	X	X	X	X	X	9
David Kroninger		X	X	X	X	X	X	X			7
Sheila Mikhail		X	X		X	X	X	X	X	X	8
Sjouk Overdyk
J. Darren Thompson		X	X	X	X		X		X	X	7
Todd Wielar								X			1
Familiar with History (appoint 2)
Virginia Barbee (Also NAACP)
W. Fitzhugh Brundage		X	X	X	X	X	X	X	X	X	9
Yonni Chapman (Also NAACP)
Justin Coleman
Charles Collier, III
Mildred Council (Also NAACP)
Mabel Curnow
Randall Curnow
Flora Dunbar
Anthony Fleg
Chris Harper
L. Gene Hatley (Also NAACP)
Joe Herzenberg				X							1
David Holdzhkom
Creighton Irons
Barbara Janeway
Melissa Lankford
Anthony Martin
Mae McLendon (Also NAACP)
Frank Phoenix
Theresa Raphael-Grimm										X	1
Russell W. Ray
Aidan Smith		X	X		X	X	X	X	X		7
Chuck Stone
A. John (Jack) Vogt
Citizen-at-Large (appoint 7)
Virginia Barbee
William Barbee
Ralph Bass
Brenda Brown		X	X			X	X	X			5
W. Fitzhugh Brundage
Charles Carver
Yonni Chapman
George Cianciolo				X			X	X			3
Justin Coleman		X	X		X		X	X	X	X	7
Charles Collier, III
Janice Cosby
Mildred Council			X			X			X	X	4
Ernest Crawford
Stephen Cunningham
Mabel Curnow
Randall Curnow
Gordon DeFriese
Suzanne Dornsmith
Flora Dunbar
Michael Eisen
Carol Feddeman
Martin Feinstein
Anthony Fleg
Jesse Gibson
James Groot
Chris Harper		X		X				X	X	X	5
L. Gene Hatley
Joe Herzenberg		X	X		X	X		X	X		6
David Holdzhkom
Catherine Holland
Showchien Hsieh
Carolyn Ikenberry
Creighton Irons		X	X		X	X		X			6
Barbara Janeway
Tom Jensen			X	X	X	X	X				5
Bruce Johnson
Thomas Keyserling
David Kroninger
Denise Lanham
Melissa Lankford
Stephen Largent
Michelle Laws
Rachel Mandal
Anthony Martin
Diane McArthur
Mark McGrath
Mae McLendon
Sheila Mikhail
Ellen Faye Johnson Morgan
Billy Morgan
Aaron Nelson
Ashley Osment
Sjouk Overdyk
Frank Phoenix
Theresa Raphael-Grimm
Russell W. Ray
Ernest Roberts, Jr.
Aidan Smith
Stuart Solomon
Chuck Stone		X		X	X			X	X	X	6
Rita Thissen
J. Darren Thompson
A. John (Jack) Vogt
Todd Wielar

Mayor Foy noted that he and two Council members should be appointed as well.  Mayor Foy recommended Council Member Greene and Mayor pro tem Wiggins.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO APPOINT COUNCIL MEMBER GREENE AND MAYOR PRO TEM WIGGINS TO SERVE WITH MAYOR FOY ON THE SPECIAL COMMITTEE TO CONSIDER RENAMING AIRPORT ROAD.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting adjourned at 9:50 p.m.