SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, DECEMBER 6, 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 Catherine Lazorko, Public Works Director Bill Letteri, Police Chief Gregg Jarvies, Stormwater Management Engineer Fred Royal, Long Range Planning Coordinator Chris Berndt, Police Captain Bob Overton, Planning Director Roger Waldon, Urban Forester Curtis Brooks, and Acting Town Clerk Sandy Cook.
Announcement
Mayor Foy announced that the Town Manager would like to make an introduction to the Council.
Mr. Horton introduced Mr. Bill Letteri, the Town’s new Public Works Director, to the Council. He noted that Mr. Letteri had just completed his first day on the job, and would be attending the first part of the Council meeting.
Mr. Letteri said it was a privilege and honor to be a member of the team here in Chapel Hill. He noted that even though he had been here only one day, it was evident to him that this was a remarkable and well-run town, and was proud to be a part of that. Mr. Letteri said he was looking forward to working with each member of the Council on the issues that were facing them, and also looked forward to building a relationship with the community. He said he knew that would be an important part of his function and he looked forward to and would embraced that.
Mr. Letteri said another priority would be to build a strong Public Works team. He said he believed the employees worked hard and looked forward to building a strong family.
Item 1 - Ceremony: Recognition of the Dispute Settlement Center
Mayor Foy recognized the Dispute Settlement Center, and invited Will Dudenhausen to speak.
Mr. Dudenhausen described the Center’s Leadership Program that is conducted at the Trinity Court and South Estes Drive public housing neighborhoods. He stated that the Leadership Program focuses on dispute resolution skills, particularly impulse control, communication skills, community building and individual confidence building. Mr. Dudenhausen described some of the methods used to achieve their goals, and noted how successful the program has been.
Mr. Dudenhausen thanked the staff of Residents Services and the Chapel Hill Police Department, particularly Karen Rose and John French, for their continued support.
Item 2 - Public Hearings and Forums – None.
Item 3 - Petitions by Citizens and Announcements by Council Members
3a. Petitions by Citizens on Items not on the Agenda.
3a(1). Mr. G. W. Houston, regarding the Striping of Kings Mill Road.
COUNCIL MEMBER GREENE MOVED TO RECEIVE THE PETITION, SECONDED BY COUNCIL MEMBER STROM. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(2). Jack Smyre, requesting an Expedited Review Schedule for Dobbins Hill Special Use Permit (SUP) Modification.
Mr. Smyre noted that the letter the Council received with tonight’s packet of information explained in detail his request, and asked the Council to instruct the Manager to develop an expedited review schedule for the Dobbins Hill SUP Modification that would allow them to explore increasing the tax-credit affordable housing in coordination with the Wilson Assemblage SUP application.
Council Member Kleinschmidt thanked Mr. Smyre for his proposal, saying it was a creative response to the Council’s concerns.
MAYOR PRO TEM WIGGINS MOVED TO RECEIVE AND REFER THE PETITION, SECONDED BY COUNCIL MEMBER STROM. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(3). Natalie Ammarell, regarding the Viability of Using Town Property Adjacent to the Cemetery on Legion Road as a Potential (Future) IFC Facility Site.
Mayor Foy suggested that the Council receive the petition and instruct the Manager to discuss this option with the IFC. The Council agreed by consensus.
3a(4). Michael Collins, regarding the OI-4 Zoning District.
Mr. Collins stated he was presenting this petition on behalf of Neighborhoods for Responsible Growth, or NRG. On April 14, he said, another citizen petition was received that called for modification to the zoning language to make traffic reports more comprehensive and clear regarding how traffic impacts resulting from new development have been addressed or mitigated. He stated that traffic congestion is a real quality of life issue and citizens have a right to know what the effect of any new development will be and what the proposed mitigation will be. He said he did not believe that any action had been taken on the April 14 petition, and wanted this issue to be added to the list of issues to be discussed during the OI-4 discussions.
COUNCIL MEMBER STROM MOVED TO REFER DISCUSSION OF THIS PETITION TO ITEM #12, SECONDED BY MAYOR PRO TEM WIGGINS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(5). Elaine Barney, regarding the OI-4 Zoning District.
Ms. Barney petitioned the Council to request Town staff to follow up on a request initially made by CNC, Coalition of Neighbors Near Campus, and also support by NRG. She quoted a portion of the Manager’s Memorandum to the Council in 2002 regarding proposed changes and revisions to the OI-4 zoning ordinance, specifically a portion that supported a request by the University that the finding of compliance with the Comprehensive Plan not be included, and the Council concurred. We request a free and open discussion as to how and why this decision was made in 2002 and why citizens were not informed of the Council’s decision until now.
COUNCIL MEMBER STROM MOVED TO REFER DISCUSSION OF THIS PETITION TO ITEM #12, SECONDED BY MAYOR PRO TEM WIGGINS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a6). Betty Maultsby, regarding a Grease Pit between the Wallace Parking Deck and Franklin Street.
Ms. Maultsby said that as a downtown merchant, she was requesting the Council’s help in getting the grease pit between the Wallace Parking Deck and Franklin Street cleaned up. She displayed a picture of the site taken the morning of the Town’s Christmas Parade. Ms. Maultsby said the photo speaks for itself, adding this is not an infrequent occurrence and needs to be addressed. She noted that probably 50% of the people who come downtown do so to eat, and this was not an appetizing view.
Ms. Maultsby distributed to the Council “fridge magnets” of the picture she had displayed, and asked them to look at that picture each time they ate a meal so that maybe it would encourage them to act on her request.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(7). Julie McClintock, regarding Changing the Membership of the Stormwater Management Utility Advisory Board.
Ms. McClintock petitioned the Council to consider, when they make appointments to the Stormwater Management Utility Advisory Board, that the majority of the membership be residential property owners.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER DISCUSSION OF THIS ITEM TO AGENDA ITEM #17. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3b. Petitions by Citizens on Items on the Agenda. None.
3c. Announcements by Council Members. None.
3c(1). Mayor Foy, regarding a meeting of the Downtown Economic Development Corporation.
Mayor Foy noted that at the Council’s last meeting, he had indicated that the Downtown Economic Development Corporation would be meeting prior to tonight’s meeting to discuss the State’s Open Meetings law. He stated that the Corporation was not able to hold that meeting due to scheduling conflicts, so they have scheduled that meeting for the beginning of January. Mayor Foy said the Open Meetings law was the only item on the agenda for this meeting, and the Corporation had invited the Chapel Hill Town Attorney and the “expert” from the School of Government at UNC to participate in the discussion. They are well aware of the Council’s concern that they abide by the Open Meetings law, Mayor Foy said, and promised to get the exact date and time of the meeting and forward it to the Council.
3c(2). Council Member Verkerk, regarding the Town’s Transit System.
Council Member Verkerk noted that on National Public Radio last week Chapel Hill was cited as a national model for public transit, and there are elected officials in California that are interested in our highly successful fare free transit system. She applauded the Town’s recognition as a national model for transit.
Item 4 - Consent Agenda
Council Member Strom pulled the following:
Item 4h, Authorization to Apply for Parks and Recreation Trust Fund (PARTF) Grants for the Homestead Park Aquatics Center and the Southern Community Park.
Item 4j, 2030 Long Range Transportation Plan Fixed Guideway Corridor from Chapel Hill to Carrboro.
Item 4L, Proposed Amendment to Section 23.12 of the Stormwater Management Utility Ordinance regarding Eligibility Requirements for Service on the Town Stormwater Management Utility Advisory Board.
Mayor Foy suggested that item 4L be included in the discussion of item #17, Appointments. Council Member Strom agreed.
Mayor Foy noted that Maxecine Mitchell, representing Youth Creating Change, would like to address item 4e, Proposed Amendment to the Community Development Program. The Council agreed by consensus.
Ms. Mitchell acknowledged that the Council had allocated funds for Youth Creating Change two years ago, and because it was not used the amount was reallocated last year, and again remained unused. She noted the reason for this was because of the purpose that was attached to the use of the funds, which Youth Creating Change was unable to meet. Ms. Mitchell noted that several months ago she had meet with a representative of Pa’lante, an organization that serves Hispanic youth in the community, and began talking about how the two organizations could serve both groups in a more coordinated fashion.
Ms. Mitchell requested that the Council again reallocate the funds, to be used to house both groups in the same facility so that services could be extended to Hispanic youth. She stated the facility they would like to acquire is located on Main Street in Carrboro in the IFC building, noting that the IFC has given them a commitment for a one year lease, on the condition that they be able to come up with the first month’s rent, the last month’s rent, and a security deposit, totaling $6,000, by Friday of this week.
Laura Wenzel, Director of Pa’lante Youth Program, noted their organization was about a year and a half old, and they publish a quarterly newsletter in Spanish for Orange County families. She referred to conflicts between African-American youth and Hispanic youth in other communities, and stated her belief that if the two groups could come together that much of this conflict could be avoided. She briefly mentioned a variety of activities planned if the funds are made available.
Laura noted that this particular space is well-situated for their purposes. She said this area has a lot of foot traffic, it is a short walk away from the Carrboro Police Department, and it is in a safe and well-lit commercial area. She said that reallocating the $2,110 would give them more than a third of the funds they need, adding that other fundraising efforts are currently underway. She said they are confident they will be able to raise the additional funds necessary.
Mayor Foy noted that adoption of Resolution R-4 would hold the amount of $2,110 in abeyance for the Youth Creating Change program. Mr. Horton responded that the funds could be held, but he did not know if everything could be worked out by the Friday deadline. He noted that it would have to be determined if this activity was an eligible expense of Community Development funds.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, ADOPTION OF R-1, WITH RESOLUTION R-4 AMENDED TO HOLD $2,110 IN ABEYANCE FOR YOUTH CREATING CHANGE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-12-06/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:
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a. |
Minutes of September 27, October 11, 14, 18, 26, and 27, 2004. |
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b. |
Nominations to Various Advisory Boards and Committees (R-2). |
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c. |
Budget Amendment to Provide Additional Funds for Advertising Advisory Board Vacancies (O-1). |
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d. |
Calling a Public Hearing to Consider Changes to Subdivision Plat Certification Provisions of the Land Use Management Ordinance (R-3). |
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e. |
Proposed Amendment to the Community Development Program (R-4; O-2). |
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f. |
Accepting State Funds for Roadway Improvement Projects (R-5a, b). |
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g. |
Response to Petition Concerning Purchase of Open Space (R-6). |
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h. |
Removed. |
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i. |
Approval of Amendments to the Town Code of Ordinances Concerning the Assignment of Speed Limits on Various State Streets (O-3). |
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j. |
Removed. |
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k. |
Franchise for Public Service Gas Company, Inc. – First Reading (O-4). |
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l. |
Removed. |
This the 6th day of December, 2004.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMITTEES (2004-12-06/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:
Budget Review Advisory Committee
Barry Beggs
Joe Capowski
Jeanette Gay Eddy
Donald Tiedeman
Stormwater Management Utility Advisory Board
Tony Bayless
Philip Berke
Jamie Gollings
Warren Mitchell
This the 6th day of December, 2004.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-12-06/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, 2004” as duly adopted on June 14, 2004 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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Manager/Town Clerk |
1,074,326 |
4,000 |
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1,078,326 |
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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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(Appropriated Fund Balance) |
2,473,667 |
4,000 |
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2,477,667 |
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This the 6th day of December, 2004.
A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING PLAT CERTIFICATION REQUIREMENTS IN THE LAND USE MANAGEMENT ORDINANCE (2004-12-06/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for 7:00 pm on Monday, February 21, 2005, in the Chapel Hill Town Hall, to consider amending Section 4.6.11 of the Land Use Management Ordinance and refers the attached proposed amendment to the Town Manager and the Planning Board for an opportunity to comment and recommendation.
This the 6th day of December, 2004.
A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT PROGRAM (2004-12-06/R-4)
WHEREAS, on April 22, 2002, the Council adopted a process to amend the Community Development program to allocate approximately $101,000 of Community Development program income and residual funds; and
WHEREAS, on November 8, 2004, the Council held a public hearing to receive citizen comments on how to allocate Community Development program income and residual funds;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the Community Development program to allocate approximately $91,318 of Community Development program income funds and $9,702 of residual funds to the Neighborhood Revitalization Program.
BE IT FURTHER RESOLVED that the Council reserves $2,110 of funds previously allocated to Youth Creating Change for this organization providing the proposed activity is eligible under the Community Development Program regulations.
BE IT FURTHER RESOLVED that the Council authorizes the Manager to submit an amended Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban Development to reflect this amendment.
This the 6th day of December, 2004.
AN ORDINANCE AMENDING THE 2004–2005 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (2004-12-06/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 26, 2004: 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 2003 Entitlement Community Development Block Grant. The grant activities include renovation of public housing, 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 Grant $711,000 $711,000
Program Income: $ 91,318
$711,000 $802,318
SECTION IV
The following amounts are appropriated for the project:
Public Housing $206,000
Renovation of Airport Gardens $150,000
Refurbishing Program $ 50,000
Playground Equipment $ 6,000
Neighborhood Revitalization $213,018
Orange Community Housing and Land Trust $100,000
Comprehensive Rehabilitation Program $100,000
Community Services $ 81,700
Chapel Hill Police Dept. Youth Programs $40,000
Family Resource Center $15,000
Cooperative Extension $13,700
YMCA $13,000
Administration $101,600
Total $802,318
SECTION V
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 6th day of December, 2004.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ACCEPTING STATE FUNDS FOR THE REALIGNMENT OF A SEGMENT OF HIGHLAND WOODS ROAD NORTH OF OLD MASON FARM ROAD IN CHAPEL HILL (2004-12-06/R-5a)
WHEREAS, Town of Chapel Hill and the North Carolina Department of Transportation agree that the relocation of the intersection of Highland Woods Road at Old Mason Farm Road in Chapel Hill would improve traffic circulation and reduce congestion in the vicinity; and
WHEREAS, the North Carolina Department of Transportation has agreed to participate in the construction cost of the project in an amount not to exceed $90,000 ($45,000 Contingency Funds and $45,000 Small Construction Funds) under WBS Element #39698; and
WHEREAS, the Town of Chapel Hill agrees to prepare necessary environmental and planning documents, secure necessary permits, prepare plans and specifications, acquire necessary right-of-way, adjust and/or relocate utilities, and administer and construct the project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager and Town Clerk to sign and execute a Municipal Agreement with the North Carolina Department of Transportation accepting State funding under WBS Element #39698 for the realignment of a segment of Highland Woods Road in Chapel Hill, NC.
This the 6th day of December, 2004.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FORMALLY APPROVING IMPROVEMENTS AT THE INTERSECTION OF FORDHAM BOULEVARD/EUROPA DRIVE/ERWIN ROAD IN CHAPEL HILL (2004-12-06/R-5b)
WHEREAS, Town of Chapel Hill and the North Carolina Department of Transportation agree that improvements at the intersection of Fordham Boulevard/Europa Drive/Erwin Road in Chapel Hill would improve traffic circulation and reduce congestion in the vicinity; and
WHEREAS, the North Carolina Department of Transportation has prepared construction plans to make certain street and highway improvements within Chapel Hill under Project U-4008, said plans consisting of improvements at and in the vicinity of the Fordham Boulevard/Europa Drive/Erwin Road intersection otherwise known as the SuperStreet Intersection Improvement Project; and
WHEREAS, the North Carolina Department of Transportation agrees to design, acquire necessary rights-of-way, administer and construct all elements of the project, including a pedestrian/bicycle path, in accordance with the approved plans; and
WHEREAS, the Town agrees to assume maintenance and liability responsibilities for the pedestrian/bicycle facility within the limits of this project;
NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager and Town Clerk to sign and execute a Municipal Agreement with the North Carolina Department of Transportation formally approving Project #U-4008 involving improvements at the intersection of Fordham Boulevard/Europa Drive/Erwin Road in Chapel Hill, NC.
This the 6th day of December, 2004.
A RESOLUTION DIRECTING THE MANAGER TO PREPARE A REPORT AND UPDATED MAPS SHOWING POTENTIAL OPEN SPACE IN THE TOWN AND NEARBY AREAS OF ORANGE COUNTY (2004-12-06/R-6)
WHEREAS, Chapel Hill voters authorized the expenditure of $2,000,000 in Open Space bonds in 2003; and
WHEREAS, approximately $1,339,000 in bond authorization remains for purchase of open space; and
WHEREAS, on November 11, 2002 the Council authorized the Manager to search for any potential open space parcels within the Town limits or extraterritorial jurisdiction as long as the properties addressed one of the primary goals identified by the Council; and
WHEREAS, on November 11, 2002 the Council reviewed a map showing undeveloped parcels suitable for open space acquisition; and
WHEREAS, several of the tracts indicated on the map have been purchased by the Town or developed; and
WHEREAS, in the legislature of the State of North Carolina enacted local enabling legislation which allows the Town of Chapel Hill to purchase open space outside of its jurisdiction,
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is directed to prepare a report and update maps showing potential parcels for open space acquisition in the Town and nearby areas of Orange County.
This the 6th day of December, 2004.
“(b) Manning Drive (Sr 1902) from Columbia Street (NC 86) to US 15-501 Bypass.”
“(b) Manning Drive from Columbia Street (NC 86) east for 0.85 mile, at a point 0.24 mile east of Ridge Road.
(j) Pittsboro Street from a point 0.07 mile south of Manning Drive (SR 1902), northward to a point 0.43 mile north of Manning Drive (SR 1902).
(k) Cameron Avenue from Pittsboro Street (NC 86) at a point 0.43 mile north of Manning
Drive (SR 1902) east to Columbia Street (NC 86) At a point 0.18 mile south of Franklin Street (SR 1010).”
Section 3. Section 21-11 (A) (4) of the Town Code of Ordinances, “Forty-five miles per hour” is hereby amended by deleting the following:
“(c) Finley
Golf Course Road (SR1900) from Raleigh Road (NC 54) to the southern corporate
limit approximately 2200 feet.
(d) US 15-501/NC 54 Bypass from the
corporate limits approximately .38 miles east of US
501/NC 86 (South Columbia Street) eastward to NC 54
Business; and US 15-501 Bypass from NC 54 Business eastward to US 15-501
Business (Durham-Chapel Hill Boulevard).
(e) NC
54 Bypass from the western corporate limit at SR 1919 (South Greensboro Street)
eastward to the corporate limit approximately .54 miles east of SR 1919.”
Section 4. Section 21-11 (A) (4) of the Town Code of Ordinances, “Forty-five miles per hour” is hereby amended by adding the following in alphabetical order:
“(d) US 15 from US 15-501/NC 54/NC 86 (Columbia Street) northeast to NC 54/South Road (SR 2048).
(e) NC 54 Bypass from the western corporate limit at Greensboro Street (SR 1919) east to Columbia Street (NC 86) – US 15-501.”
“(x) Finley Golf Course Road (SR 1900) from Raleigh Road (NC 54) to the southern corporate limit.”
AN ORDINANCE GRANTING TO PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INCORPORATED, A SUBSIDIARY OF SCANA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE AND OCCUPY THE PUBLIC WAYS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A GAS UTILITY SYSTEM AND ALL NECESSARY MEANS FOR TRANSMITTING AND DISTRIBUTING GAS WITHIN SAID TOWN FOR A PERIOD OF TEN YEARS (2004-12-06/O-4)
WHEREAS, Public Service Company of North Carolina, Incorporated (the Company) proposes to continue to construct, operate and maintain a Gas Utility System and all necessary means for transmitting and distributing gas within the Town of Chapel Hill, North Carolina (the “Town”),
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Chapel Hill, North Carolina as follows:
SECTION 1. DEFINITIONS.
Whenever and wherever used in this Ordinance the following words and names shall have the following meanings:
(a) TOWN COUNCIL shall mean the Town Council of the Town of Chapel Hill, North Carolina, as now or hereafter constituted.
(b) COMPANY shall mean Public Service Company of North Carolina, Incorporated, a subsidiary of SCANA Corporation, its successors and assigns.
(c) TOWN shall mean the Town of Chapel Hill, North Carolina, including its present and future Town limits.
(d) TOWN MANAGER shall mean the Town Manager of Chapel Hill or his designee.
(e) DEPARTMENT OF TRANSPORTATION shall mean the North Carolina Department of Transportation or its successors.
(f) GAS shall mean natural gas, mixed gas and substitute fuels carried over the Company’s facilities as authorized by the North Carolina Utilities Commission.
(g) GAS SYSTEM shall mean all facilities or the Company in the Town used for the transmission or distribution of Gas within the Town.
(h) FERC shall mean any reference made to the Federal Energy Regulatory Commission or its successor.
(i) COMMISSION shall mean the North Carolina Utilities Commission or any successor body lawfully constituted.
(j) PUBLIC WAY OR WAYS shall mean any public street, avenue, road, alley, lane, bridge or other public right-of-way within the Town over which the Town as of the application time has jurisdiction or exercises control.
(k) GOOD UTILITY PRACTICES shall mean the practices, methods and acts engaged in or approved by a significant portion of the gas industry during the relevant time period or other practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result consistent with reliability, safety, expedition, requirements of governmental agencies having jurisdiction, and at the lowest reasonable cost; the term Good Utility Practices is not intended to be limited to the optimum practices, methods or acts to the exclusion of all others, but rather to constitute a spectrum of acceptable practices, methods or acts.
SECTION 2. Grant of Authority
The right, power and authority is hereby granted and vested in the Company to lay, maintain and operate gas mains, pipes and services on, along, across, and under the streets, alleys, bridges, rights-of-way, and other public ways; and to use those facilities to conduct a gas business. This grant of authority by the Town to the Company is for all street, alleys, bridges, rights-of-way and other public ways over which the Town, as of the applicable time, has jurisdiction or exercises control. Use of Town-owned property other than public ways is subject to a separate lease agreement that contains terms and conditions normally found in leases and easements between the Company and private landowners.
SECTION 3. Conditions on Use of Public Ways
(a) No street, alley, bridge, right-of-way or other public place used by the Company shall be obstructed longer than necessary during its work of construction or repair, and shall be restored to the same good order and condition as when said work was commenced. No part of any street, alley, bridge, right-of-way, or other public place of the Town, including any public drain, sewer, catch basin, water pipe, pavement or other public improvement, shall be damaged. However, should any such damage occur due to the Company's failure to use due care that arises out of the Company, the Company’s agents, or contractors omissions or negligence, the Company shall repair the same as promptly as possible to the same good order and condition that existed prior to the work, and, in default thereof, the Town, after written notice to the Company, may make such repairs and charge the reasonable cost thereof and collect the same from the Company. The Company shall indemnify, defend and save the Town harmless from all liability or damage (including judgment, decrees, and legal court costs) resulting from the Company’s failure to use due care in the exercise of the privileges hereby granted or of its rights under this Agreement. This indemnity provision shall extend to cover the Town should the Company’s agents and contractors fail to use due care.
(b) Any disturbance (other than emergency response) of property within or affecting public ways, as may be necessary for the installation and/or connection of services by the Company, or its agents or contractors must receive prior approval of the Town Manager or Manager’s designee and shall be subject to inspection and street cut fees as provided by the Town Code of Ordinances, including amendments thereto. The Company shall notify the Town Manager’s office 24 hours in advance of the start of construction (other than emergencies) that may damage or otherwise disrupt the normal function of any existing public infrastructure, including but not limited to the obstruction of the normal flow of traffic and/or storm water runoff.
(c) If at any time during the period of this Agreement the Town determines that the Company’s facilities and/or equipment are in conflict with or can reasonably be expected to conflict with existing or new public streets or other Town facilities, or any modifications thereof; the Company, upon a minimum of 180 calendar days’ written notice by the Town, shall remove and/or relocate as necessary the Company’s facilities and/or equipment at the Company’s expense. The Town shall cooperate with the Company, to the extent practicable, to identify alternative locations for the relocated facilities and/or equipment. Where and to the extent that funds are made available to the Town by third parties in connection with the removal and/or relocation of the Company’s facilities and/or equipment, then the Town shall ensure that the Company receives a pro rata share of those funds to the extent allowed by law.
SECTION 4. The Company’s Other Obligations
(a) The Company hereby agrees to indemnify, defend and hold harmless the Town, its officers, boards, commissions and employees against any and all claims and liabilities arising from the Company’s activities or Gas System, including reasonable attorneys’ fees and court costs.
(b) The Company shall identify and maintain a person employed by the Company who will serve as the Company’s liaison with the Town, and who shall be readily accessible to Town Personnel.
SECTION 5. Service
(a) The Company shall, before entering upon any street, alley, highway, right-of-way or other public place for the purpose of construction or installing any mains, pipes or other apparatus of the gas system, notify the Town Manager or Manager’s designee, in writing or other acceptable means, of the proposed construction or installation and shall, file with the Town sufficient plans and specifications showing the nature, timeframe and extent of the proposed construction or installation.
(b) The Company may supply any form of gas containing approximately one thousand (1,000) BTU's per cubic foot, and its obligation in respect thereto shall continue only so long as it is able to obtain an adequate supply of such gas satisfactory for service hereunder; provided, however, that in the supply of such gas the Town shall enjoy equal rights with respect to other areas served by the Company.
(c) All work upon the streets and public places of the Town shall be done under the general supervision of the Town, and all sidewalks or streets pavements or street surface or any other public infrastructure which may be damaged, displaced or otherwise disturbed by reason of such work shall be properly replaced by the Company, its successors and assigns, to the reasonable requirements of the Town
(d) The Company shall, as to all other conditions and elements of services not fixed herein, be and remain subject to the rules and regulations of the Commission, Department of Transportation and FERC or its successors, applicable to gas service in the Town.
SECTION 6. Nonexclusive Grant and Term
The gas franchise granted by this ordinance is not exclusive. The Town may grant the same or similar rights and privileges to other certified persons or companies at any time, provided that any such grants shall be made under terms and conditions which do not materially impair the exercise of the rights and privileges granted to the Company under this franchise.
Upon ratification and acceptance this franchise shall constitute a contract between the Town and the Company, and shall be in force and effect for an initial term of ten (10) years, unless the franchise is revoked or otherwise expires prior to that time pursuant to the terms of the Gas Franchise Agreement. Thereafter, the franchise shall automatically renew in two year increments, up to an additional ten (10) years, unless either party gives the other notice two years in advance of its intention not to renew the Gas Franchise Agreement beyond the next two year renewal increment.
SECTION 7. Franchise Not Waiver of Law
The franchise is subject to the constitution and laws of the State of North Carolina, and is not a waiver of any present or future law or regulation. This franchise is not a limitation upon the authority of the Town to adopt any law or regulation.
SECTION 8. Regulations, Safety and Customer Service
(a) In the event any provision of this franchise is in conflict with any rule of the Commission or FERC, so that the Company cannot reasonably comply both with the provisions of this franchise and any rule of the Commission or FERC, then the Company is required to comply with such Commission or FERC rule instead of the conflicting provision of this franchise.
(b) Otherwise, the Company shall comply with all applicable ordinances and regulations of the Town.
(c) Gas utility service is not guaranteed free from interruptions, supply failure or outages by reasons of force major, act of God, strike, vandalism, terrorism, breakdown, accident or other happening beyond the control of the Company. The Company will restore service using all applications of Good Utility Practices.
(d) The Company shall maintain and operate its Gas System in compliance with both State and federal maintenance and safety regulations.
Section 9. Police Powers.
In accepting the franchise, the Company acknowledges that its rights granted in the Ordinance and otherwise regarding its operations in the Town’s corporate limits are subject to the police powers of the Town to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and it agrees to comply with all applicable general laws and ordinances enacted by the Town pursuant to such police powers.
SECTION 10. Commission Rules and Rates
The Company may from time to time declare, make and enforce such rules and regulations as shall have been fixed or allowed by the Commission as to the sale or distribution of Gas to any of its customers in the Town.
The rates to be charged for Gas at all times shall be such rates as are fixed or allowed by the Commission, including such rates as shall be negotiated by the Company with certain industrial or commercial customers pursuant to authority granted by the Commission.
SECTION 11. Plat of Gas System
The Company shall maintain maps or plats of its Gas System within the area covered by this franchise. Such maps or plats shall be maintained in the Company’s offices, and the Town shall have access to the same during any regular business hours of the Company. The Company shall upon reasonable notice provide such assistance as the Town may require to determine the actual field locations of the Company’s facilities when such locations must be determined for a valid public purpose.
The Company and the Town agree to cooperate with each other regarding the placement of public pedestrian and non-motorized vehicular facilities within Company utility easements, whether located on public property or private property. Subject to the Town’s acquiring easements from the owners of the underlying fee interests in property, such public access facilities shall be permitted within existing Company utility easements provided the Town’s design, location, installation and maintenance of such facilities receive prior Company approval as conforming to Company policy.
SECTION 12. Bankruptcy, Successors, Assigns
In the event the Company is adjudged bankrupt or its assets are placed in the hands of a receiver or other court officer, either voluntarily or involuntarily, or the Company reorganizes, merges or consolidates with any other Company, or the properties and business of the Company are foreclosed or sold to satisfy any lien or indebtedness or obligation of the Company, then the interest, rights and remedies of the Town in respect to said properties and operations shall not be affected or prejudiced, and any receiver, assignee, trustee, purchaser or successor, whether by operation of law or otherwise, so succeeding to or representing the interest or position of the Company, shall be bound by this Ordinance and the terms and provisions hereof and shall be bound to carry out and perform the obligations and duties imposed upon the Company by this Ordinance. Likewise, if the Company reorganizes, merges or consolidates with any other Company, then the Town is bound by this Ordinance.
Section 13. Revocation
In the event the Company violates or fails to comply with the provisions of this ordinance and within sixty (60) days after receipt of written notice from the Town, the Company failed to cure or remedy, or to have begun reasonable measures to cure or remedy any such violation, failure or default, then the Chapel Hill Town Council may cause the Company to appear at a hearing before the Chapel Hill Town Council in thirty (30) days. If at such hearing the Chapel Hill Town Council should determine that the Company’s violation, failure or default has been substantial, repeated or flagrant, then upon such determination the Chapel Hill Town Council may revoke and terminate this franchise; provided, however, that the Company may file with the Town within ten (10) days after such determination the Company’s election to appeal to the proper North Carolina court, and in that event the Town and Company agree that such court shall hear and determine de novo whether there has been substantial, repeated or flagrant violation, failure, or default by the Company of the terms, conditions, or obligations of this Ordinance. Violation or default which cannot be corrected by the Company shall not be grounds for revocation and termination, unless such violation or default shall be determined to be material and continuing.
SECTION 14. Severability, Third Party Rights
Should a court of competent jurisdiction declare any part, term or provision of this Ordinance illegal, unauthorized or in conflict with any law of the United States or the State of North Carolina, or to be in conflict with any valid rule or regulation duly promulgated by any agency or regulatory body of the United States or the State of North Carolina, the remaining portions or provisions of this Ordinance shall not be affected thereby.
The rights hereunder in this Ordinance accrue exclusively to the parties, their successors and assigns. It is the express intent of the parties that this franchise shall not create any rights in third parties.
Section 15. Disposition of Gas System Upon Termination of Franchise and this Agreement.
Upon the termination of the Franchise and this Agreement, for any reason, and upon the Town’s request, the Company shall have one year from such a request to remove all above ground components of the Gas System. The Town reserves any rights it has under existing law regarding disposition of the Gas System upon termination of the Franchise and this Agreement. If, during the term of the Franchise, the Company abandons any main lines in the Gas System in the Town’s corporate limits, the Town may, at no charge, utilize the abandoned main as a conduit for fiber or wires used by the Town for its telecommunications needs, provided such use of any abandoned mains does not impair the Company’s operations.
SECTION 16. Effective Date, Term, Adoption
This Ordinance shall be effective from and after the ____ day of ____________, 2004, provided the Company shall have executed the written acceptance hereof at the end of this Ordinance, and shall exist in force for a period of ten (10) years hereafter and continue in force. Thereafter, the franchise shall automatically renew in two year increments, up to an additional ten (10) years, unless either party gives the other notice, two years in advance, of its intention not to renew the Gas Franchise Agreement beyond the next two year renewal increment.
All other Ordinances and clauses of Ordinances in conflict herewith are hereby repealed. Enacted by the Town Council the ____ day of ____________, 2004.
________________________________
Kevin C. Foy, Mayor
ATTEST:
APPROVED AS TO FORM
_______________________________
Town Clerk
________________________________
Ralph D. Karpinos, Town Attorney
SECTION 17. Acceptance by Company
Public Service Company of North Carolina, Incorporated, does hereby accept and approve the foregoing Ordinance and all its terms and conditions, and in consideration of the benefits and privileges granted to it does hereby agree to abide by, carry out, observe and perform all the obligations and undertakings therein provided to be carried out and performed by it.
This the _______ day of ___________, 2004.
PUBLIC SERVICE COMPANY
OF NORTH CAROLINA, INCORPORATED
By: __________________________________
Jerry W. Richardson, President & COO
ATTEST:
_______________________________ Its: Assistant Secretary
Judy S. Czerwinski
(Corporate Seal)
The Town Clerk shall deliver to the Company an executed or conformed copy of this Ordinance and the Company’s written acceptance of the agreement thereof, certified as follows:
“Certified to be a true and exact copy of an ordinance duly enacted by the Town Council of the Town of Chapel Hill, North Carolina, on the ____ day of _________, 2004, and the acceptance thereof by Public Service Company of North Carolina, Incorporated the ______ day of _________, 2004.”
(Town Seal) _______________________________
Town Clerk
Town of Chapel Hill, North Carolina
Item 5 - Information Items
Council Member Strom pulled item 5b, Follow-Up Report on Smart Card Parking Device, and suggested that it be placed on a February 2005 agenda. The Council agreed by consensus.
Council Member Strom also pulled items 5c, Response to Council Request to Consider Rescheduling the March 30, 2005 Council Meeting, and Item 5d, Follow-up Report on Orange Flag Crosswalks and Adopt-A-Crosswalk Programs.
Item 6 – Report from Special Committee to Consider Renaming Airport Road
Mayor Foy stated that the Committee spent two and one-half days discussing the proposal as a group, and would present their report tonight. He noted that the facilitators for the Committee were OpenSource Leadership Solutions, Inc., adding that two members of the Leadership were present tonight and would walk the Council through the report. Mayor Foy called upon Chantelle Fisher-Borne and Calvin Allen to make the presentation.
Mr. Allen noted this is a compilation of two and a half days of face-to-face work, and recognized the commitment made by Committee members. Mr. Allen noted the following:
Directives from the Town Council:
OpenSource’s Work with the Committee:
o Roll as a Committee member
o Perceptions of race relations in Chapel Hill and its relation to this issue
o What would success look like?
Addressing the Directives:
Promoting Constructive Dialogue across Line of Difference
Consensus Decision-making Process
· Is a process beyond a simple vote – respects will of majority but captures nuances within the majority and minority votes
· Does not mean that5 everyone agreed
· Everyone is engaged in decision-making and has a voice
· Minority and majority reports included
Chantelle Fisher-Borne noted that the consensus decision-making process was not a yes/no vote. Committee members were asked to voice their opinion on a range of support from one to five - one meaning not support the recommendation at all, and five meaning they gave their full support.
Ms. Fisher-Borne then highlighted the recommendations of the Committee, as follows:
Primary Recommendation:
Change the name of Airport Road to “Martin Luther King, Jr. Boulevard” and also have separate street signs underneath with the designation “Historic Airport Road.” Implement the change 6 months from the date of approval by the Town Council or by Independence Day 2005.
Related Recommendations – Town Council’s Process Going Forward:
1. (Passed) The Town should support individuals impacted by renaming, possibly including money, technical support, time to adjust, publicity campaign, information meeting with US Postal Service. Look for funds/resources to help Airport Road residents/owners with transition (addresses, labels, web pages).
2. (Passed) Thank and commend the Chapel Hill-Carrboro Branch of the NAACP for introducing the issue and giving us the opportunity for these discussions.
3. (Passed) Issue a proclamation to the Town of Chapel Hill: We ask you to recognize that the Airport Road community is broader than ownership and includes commuters and others, many of whom are priced out of Chapel Hill. We ask you not to be narrow on seeing who is sacrificing in Chapel Hill.
Related Recommendations - Addition Additional Ways to Honor Dr. King and Chapel Hill’s Diverse History:
1. (Passed with unanimous support) In addition to renaming, create a room at the Library with a collection of materials honoring Martin Luther King, Jr. and Civil Rights in Chapel Hill.
2. (Passed with unanimous support) Support a museum exhibit about Airport Road that includes oral histories, publications, etc. that the Town Council oversees.
3. (Passed) Further honor Martin Luther King, Jr. with information signs saying Peace, Racial, And Economic Justice.
4. (Passed with weak support) Establish a branch of the Library in the African American community.
Related Recommendations. Opportunities for Ongoing Interracial Dialogue:
1. (Passed with unanimous strong support) Continue addressing racial and power issues in Chapel Hill by creating a racial justice commission/task force to coordinate activities such as:
· An annual weekend meeting similar to this forum for a committee of unlimited size to address and discuss race issues in Chapel Hill.
· A Town proclamation of .Racial Justice Week.
· An annual publication on the state of Black Chapel Hill that includes indicators of housing, jobs, education, political power, social issues, health status, etc.
· A seminar series.
· Public arts.
· Oral history.
· Annual Brown vs. Board of Education Forum.
2. (Passed with unanimous support) Advocate and voice support for the mission and work of the Orange County Human Rights and Relations Commission.
Recommendations and Reflections from the OpenSource Team:
1. Support opportunities for community-wide training on power, privilege, and oppression.
2. Balance the use of various forms of knowledge and expertise about racial and power relations.
3. Advance a “positive peace” by engaging diverse perspectives.
4. Combine the installation of new street signs with celebration and community building.
5. On a practical note, include the U.S. Postal Service in an information session for Airport Road residents and business owners.
Calvin Allen said that to answer the question, “was this process worth it”, you would have to ask the citizens who participated. But, he continued, from OpenSource’s perceptive as facilitators, there was an element of having people come to together and share their lived experiences, share their perspectives, and bringing comments and creativity from their neighbors and their community that made this process richer.
Mayor Foy noted that several citizens had signed up to speak, and thanked Mr. Allen and Ms. Fisher-Borne for their work with the Committee. He said he wanted to sincerely thank the Committee members who took time out of their lives to engage in this discussion, noting that their discussions had been thoughtful, honest and civil, which went a long way to diffusing a lot of the emotions. Even though there was not consensus, all voices were heard. He recognized the Committee members who were in attendance at tonight’s meeting:
Jesse Gibson Bruce Johnson
Bishop Gene Hatley Catherine Holland
May McLendon Ashley Osment
Brenda Brown Justin Coleman
Curtis Harper Joe Herzenberg
Creighton Irons Aiden Smith
Yonni Chapman
Mayor Foy added that he, Council Member Greene, and Mayor pro tem Wiggins had also participated with the Committee.
Catherine Holland expressed her displeasure that even though the renaming of Airport Road was a “done deal” from the very beginning in the Council’s view, a committee was formed only after a petition was submitted to them by opponents of the renaming. She said she was disappointed and discouraged at the actions of this Council who disregarded any voices of opposition, including those individuals and businesses most affected by the renaming. Ms. Holland said the Special Committee membership was “so stacked with pro-naming persons” that it was obvious from the first hour of the Committee meeting that those in opposition would make no headway.
Ms. Holland said opponents sat and listened to all voices, but they were consistently overridden with praise for Dr. King, what he meant, and how they needed a symbol to keep his name in the forefront. She said to those Committee members and to the Council, it appeared that renaming Airport Road was the only viable solution “no matter what,” without regard for the problems and cost for Airport Road residents and businesses, and also the expense to the Town.
Ms. Holland said she wanted to make clear that the three opponents on the Committee had no objection to honoring Dr. King, and agreed that it was appropriate. Their concern was for the way the process was carried out, with no regard for anyone who opposed the renaming of Airport Road. Regrettably, Ms. Holland continued, the Special Committee was turned into a race issue, not by the three of them, but by the other members of the Committee. She said she was told by a member of the NAACP that the feeling of power on this issue was “a good feeling.” Ms. Holland said she sincerely hoped this does not hurt racial relations in Chapel Hill. Renaming an old established road anywhere is an important change, she said, and before this change is made every other alternative should be considered, particularly a new road, a memorial road or a dedicated road so that mailing addresses would remain the same. Ms. Holland said with any of these alternatives the symbol would be just as strong and visible. She noted that every alternative suggested by the minority was summarily rejected in favor of the renaming of Airport Road.
Ms. Holland asked the Council what their reaction would have been had the petition requested the renaming of Franklin Street? She said that even though Airport Road was not as old as Franklin or Rosemary Streets, it was still an old and established part of Chapel Hill, and should remain so.
Bishop Gene Hatley thanked the Council for the opportunity to serve on the Special Committee, and OpenSource Leadership for a “tremendous” job. He noted that it had been implied that the Committee members where chosen based on their position on this issue, and that was not correct. Bishop Hatley stated that many of the members had their perceptions altered by the members who were in opposition to the renaming. That is directly reflected in the recommendation to add an additional sign saying “Historic Airport Road,” he said.
Bishop Hatley said he did not believe any new issues were identified during the process, but did believe that it forced them to evaluate why they take the positions on issues they take. He said it was his hope that this will not drive a wedge that may abort future discussion on race relations.
Dr. Peter Smith, whose practice is located on Airport Road, said he believed Airport Road is an historic road with its own history and is concerned about replacing that history in the manner that has been proposed. He asked the Council to imagine signs along Airport Road having Dr. King’s picture on them and messages from his teachings, allowing observers to benefit from those tributes without renaming the road.
Dr. Smith said that the expense he will face with the renaming will be countless thousands of dollars. He said the expense is not just in stationery, business cards, labels, and the like, but it is countless hours working with insurance companies, licensing boards, and a whole range of professional contacts to notify them of the address change, and believed the same expense will have to be borne by other businesses on Airport Road. He encouraged the honoring of Dr. King in a variety of ways, but asked the Town Council not to honor him by renaming Airport Road.
Eugene Farrar, First Vice President of the Chapel Hill-Carrboro Chapter of the NAACP, thanked the Town Council for the opportunity to continue to move forward and build relationships with all races in Chapel Hill.
Billy Madden, a resident of Ashley Forest Road, said he came to Chapel Hill from Detroit partly because racial tension is so much less here. But, he said, Airport Road is an historic road. Mr. Madden stated that if the petitioners had requested that the library be renamed for Dr. King, which is a place of prominence, he did not believe anyone would have objected. The library is a large and well-know library, with its own street, and it would be an appropriate action to take. Mr. Madden said he believed that none of this discussion would have been necessary had the library been considered. He suggested that the library be renamed for Dr. King, and that Library Drive be renamed as well. Mr. Madden said he hoped that Airport Road would remain Airport Road.
Garland King stated that the greatest symphony in the world is that humankind can interact together under decent dialogue and decent intensions for each other. He said that Chapel Hill is known all through the nation as a beacon of enlightenment of education. Mr. King briefly described life for African-Americans in years past. He asked the citizens of Chapel Hill to join the “decent thinking people of the world” and live up to the standard that Chapel Hill seems to enjoy. Mr. King said all citizens deserve to enjoy the great legacy of this America and a great city like Chapel Hill. Mr. King asked that all of us work together in harmony, and make our own symphony.
Bruce Johnson, a Special Committee member, said he believes the Committee could have done more to honor Dr. King. But, he does not understand why at first it was believed you had to be a resident of Chapel Hill to be a member, and it ended with members not having to be residents. Then, he continued, the due date for the applications was changed.
Mr. Johnson stated his belief that the Committee membership was “stacked” and by this action, opinions of the minority did not matter, although he believed the facilitators did an excellent job. He noted that of the emails received by the Town on this issue, 80% were not in favor of the name change, but were in favor of some other form of recognition.
As elected officials, Mr. Johnson said, the Council should be listening to the people who elected them. He urged the Council to consider some other form of recognition for Dr. King.
Andrew Silver said he was in favor of renaming Airport Road, but was astonished that people wanted to name yet another road after Dr. King. He said he was more in favor of it being named for an African-American who was more meaningful for Chapel Hill and its history, and suggested that Elizabeth Cotton should be considered.
Creighton Irons, a member of the Special Committee, said he believed renaming Airport Road for Dr. King was the “right way to go.” He said the reason they did not recommend renaming some other facility, such as the library, was because it “simply did not mean as much.” Mr. Irons said the fact that the Committee recommended that signs reading “Historic Airport Road” be included along with the new road signs was an indication that the Committee wanted the historic significance of Airport Road to remain.
Mr. Irons stated that a speaker tonight had posed the question regarding how the Council would have reacted had it been suggested that Franklin Street be renamed, noting that it gave him pause. He wondered how he would have felt, since Franklin Street holds even more significance to him that Airport Road. Mr. Irons said it would have made him “so proud” if Franklin Street had been the street to be renamed, because it would be “a huge statement” to make to the rest of the country and to the citizens of Chapel Hill.
Andrew Pearson noted he had happened upon the present Martin Luther King, Jr. Street about three years ago, and was “shocked” that a street could be so small and be named after such a great man. He said that when the proposal was made to rename Airport Road for Dr. King, he thought that would a huge step and maybe too big a step for this town. Mr. Pearson noted that after thinking about it, he realized that we make history and we choose the direction to go in, just as we choose the road we want to travel. He said he could not imagine the pride that will be experienced by the community as citizens travel the “road of freedom” down Martin Luther King, Jr. Boulevard.
Mr. Pearson stated that as people travel down this road to buy groceries or visit the Town of Hillsborough, they will be traveling down the road of freedom to a new future that signifies that Chapel Hill is a community that strives for justice, for peace, for equality, and most of all for racial harmony and reconciliation. Mr. Pearson urged the Council to adopt the renaming resolution, so that his future would include traveling that “road of freedom.”
MAYOR PRO TEM WIGGINS MOVED RESOLUTION R-11, SECONDED BY COUNCIL MEMBER STROM.
Mayor pro tem Wiggins thanked the Mayor and the Council for engaging in this process, and noted it brought more order and more focus to the renaming issue. She thanked the over 60 citizens who participated, and congratulated the members of the Special Committee.
Mayor pro tem Wiggins said the work had just begun. If the Council adopted the resolution and the signs are changed, she stated, there are many other recommendations in this proposal and those recommendations will require that the Council demonstrate its commitment to what the NAACP asked us to do. Mayor pro tem Wiggins said that commitment would mean that they go beyond the naming and act on some of the other recommendations which will require money. She said she had learned long ago as an elected official that where you put your dollars and cents is where you put your values and what you believe in.
Mayor pro tem Wiggins said the easiest thing for the Council to do is to go forward with the name change, which would not be a big ticket item for the Town. She said it would carry a small cost, but adoption of the resolution would call for a sustained commitment to what Dr. King meant to all in the community, and not just African-Americans.
Mayor pro tem Wiggins said that she hoped that if the resolution is adopted and the recommendations are turned over to the Manager, and when he brings back implementation strategies that will have dollars and cents attached to them, that those citizens who felt strongly about this issue would come back and make sure that the Council does more than just the easiest thing. She said that the Council will need to commit ongoing resources to implementing the other recommendations.
Council Member Verkerk said when the proposal for renaming Airport Road was first made, she did not understand why it had to be Airport Road. She noted that now that she has read the report and all the other materials, as well as listened to the discussion, she does understand.
Council Member Verkerk said she was a critic of the original recommendation because she believed the process was flawed. She offered her apologies for that. Council Member Verkerk said that after two and one-half days talking to each other, that nothing but good could come from that. She stated she regretted that there would be members of the community that would not be happy with the name change, but she would support adoption of the resolution.
Council Member Verkerk added her thanks to the members of the Special Committee and others who had applied, as well as to the facilitators who had done “a great job.” She thanked the members of the Council who participated on the Committee, noting it was a difficult job but that many positive things had come out of it.
Council Member Harrison stated he was the only Council member who attended the meetings who was not a member of the Committee. He said that it was not a perfect committee and the membership was somewhat “skewed,” and although it did not achieve full racial harmony for all time it set us on the pace to go there, and that is what we really wanted the Committee to do.
Council Member Harrison said there was a method of consensus that was used, using a one-to-five scale with the middle of the scale meaning “I can live with it.” He noted one of tonight’s speakers had commented that he hoped everyone could live with it. Council Member Harrison said he tries on certain issues as a Council member to be a Council member and not an individual citizen, having done that in the past. He said his personal opinion is not as important as the opinions of the community. Council Member Harrison said he had spent the better part of the past month trying to look at what the community wanted, rather than what his personal opinion was. He said his personal view was that renaming the road was the right thing to do.
Council Member Harrison said he grew up in the 50’s and 60’s and had watched the Washington Monument speech by Dr. King on television. He noted that he, along with at least one other person present tonight, had been tear-gassed in the late 60’s while supporting African-American students at Duke.
Council Member Harrison said that for him, supporting the renaming was not the question, it was how the Town “could live with it” and survive it. He said he would like to single out Mayor pro tem Wiggins who had made this an action and a process that the Town could survive. Council Member Harrison said Mayor pro tem Wiggins was “a class act,” and he had learned much from her during this process. Paraphrasing comments Mayor pro tem Wiggins had made during a Committee meeting, Council Member Harrison said that this proposal made people feel as if they had a “loss of control,” drawing a parallel to school redistricting. He thanked Mayor pro tem Wiggins for reminding the Council that the work was just beginning, and thanked the authors of the minority report for making their opinions known.
Council Member Harrison said he believed the community could live with the renaming and thrive with it, and he would support the resolution.
Council Member Greene said it was a privilege to represent the Council on the Special Committee. She said some newspaper articles had been written about the meetings, but felt that none of them truly captured what really happened in the meetings. Council Member Greene said it was hard work, it was stressful, but it felt important, like they were getting at some important questions about race and power in Chapel Hill. She said it was important that those who live and work on Airport Road had voiced their concerns, and does believe that those concerns were addressed when they recommended a dedication and library exhibit.
Council Member Greene said she wanted to underscore the primary point in the report and that was that the majority members of the Committee felt that it was of significantly more value to rename the road than renaming the library or a monument or some other facility. She said she believed that Creighton Irons was correct, that it weaves its way into the community in ways that are tangible, and like it or not it becomes part of your daily experience.
Council Member Greene noted that the Civil Rights Movement took place in the streets, even though it was about access to buildings. She said that may be one reason why the national memorial to Dr. King has turned out to be a series of disconnected by very well-connected streets named after Dr. King. The significant thing about doing this in Chapel Hill, she added, is that it is a major thoroughfare, and there are not many of those.
Council Member Greene said it was symbolic, but she had learned over the two and one-half days of meetings that symbols were important. She said more work needed to be done on this thing we call a “positive peace” rather than a negative peace, and looked forward to the Council taking an active role in following through on the recommendations noted in the Committee’s report.
Council Member Kleinschmidt said he had been in support of the process from the beginning, when others had not been supportive. Paraphrasing Presidential candidate John Kerry’s opinion on the war, he said he had told the local press before the process started that he believed it was the wrong process at the wrong time, but now that we are there we need to win it. Council Member Kleinschmidt stated that he was thankful that Mayor Foy, Mayor pro tem Wiggins and Council Member Greene had won it, saying they had brought back a report that won that war. He said that he was pleased to be able to support that, as a Council member and as a citizen, which he sees as a unity, and as resident and property owner on Airport Road, soon to be Martin Luther King, Jr. Boulevard.
Council Member Kleinschmidt said that tonight the Council had an opportunity to add a jewel to the monument to Dr. King, which is all the roads and streets and boulevards that have been named for Dr. King over the past 40 years. He said that when people ask him, why Airport Road - why not something more meaningful, his response is that he cannot think of anything more meaningful. Council Member Kleinschmidt said when you get off the bus, you walk down the road, when you listened to Dr. King’s speech at the Lincoln Memorial you walked down the road, and that’s where the fights for equality and justice occurred and that’s where they continue to occur today. He said he doesn’t think there is anything more appropriate than renaming the road.
Council Member Kleinschmidt said that tonight the Council had an opportunity to put a jewel in the monument to Dr. King that stretches across the country, and to show the country that we can do this the Chapel Hill way by taking one of the most prominent and special roads in our community and adding it to the monument to Dr. King and say, “this is our contribution.” Council Member Kleinschmidt said that as a Council member and a citizen, and as a resident and property owner on Airport Road, he was excited to be able to support adoption of the resolution.
Council Member Ward said that since the last meeting, he had read the book “The Free Man” by John Ehle, noting it was a “fantastic” book and wished everyone would read it. He said there are citizens present tonight who are mentioned in the book, as well as the mention of buildings and streets that would be familiar to anyone who has been here any length of time. Council Member Ward said he has lived here for 30 years, and it was an eye-opening experience to read the book.
Council Member Ward said the book chronicles the efforts to desegregate many of the businesses in Town in the early 1960’s and the words that John Ehle used did not paint a pretty picture for what many of us call the “Southern Part of Heaven.” While the picture is not pretty, he said, there are numerous stars that shined during that time and many of them are still with us today. Council Member Ward said he believed the decision this evening to rename Airport Road would be another star to shine in Chapel Hill.
Council Member Ward said the discussion of this issue that had engulfed the community over the last several months had also enriched his feelings for Chapel Hill. Not because we have come to agree on the same points, he stated, but because we gave it our best efforts to reach consensus, adding he believes that process lead to a greater understanding of one another, and that is just one more step on that journey we need to take.
Referring to a quote from John Ehle’s book, Council Member Ward said he wanted to read a quote from a letter written by Dr. King while imprisoned in Birmingham: “I guess it is easy for those who have never felt the stinging darts of segregation to say wait.” Council Member Ward said he asked the citizens of this community to wait on this decision by supporting the recommendations of the Special Committee, adding that he was unaware of what he was really asking of people who had felt the “stinging darts” of segregation. Continuing the quote, Council Member Ward read, “When you see them (the painful injustices of segregation), then you will understand why we find it difficult to wait.” He stated that one thing he had learned through this process was that the history that he has as a person and others of a different color have is vastly different. Council Member Ward said his awareness is now much greater.
Council Member Ward noted that he had voted to extend the process to create the Special Committee, with the hope that it would be a way to bring these opposing, emotionally-charged perspectives closer together. He thanked all those who had participated in the extended process, saying he believed it had improved the outcome, and thanked those in the community who had been asked to wait yet again for the outcome of the process. Council Member Ward said he looked forward to renaming Airport Road as Martin Luther King, Jr. Boulevard.
Council Member Hill stated he was proud to have voted for the renaming the first time it was discussed, and was proud to be able to do so again tonight.
Council Member Strom thanked his fellow Council members for serving on the Committee and bringing a productive close to this discussion, and for laying the groundwork for a new chapter. He said he was privileged to serve on this Council and this would be the second time he had voted in favor of renaming Airport Road. Council Member Strom said this night would be one he would remember well, and thanked the citizens who participated on the Community for their time and dedication. He noted he wanted to particularly thank Bill Thorpe and the NAACP who really brought this issue to the forefront and before the Council, adding it has had an enriching impact on his service on the Council.
Council Member Strom said that the notion of driving up and down Martin Luther King, Jr. Boulevard would be a catalyst for people to really talk about important issues for generations to come.
Mayor Foy noted his support for the resolution, stating that one of the main rationales that people have heard is that this is part of a national monument. He said that is compelling because monuments don’t necessarily have to be statutes or other types of typical monuments. Mayor Foy said the towns and cities that have named roadways for Dr. King, when knitted together, really do create a national monument. When people ask what this had to do with Chapel Hill, Mayor Foy said he believed it reminded us of our history, and many of us have not heard the stories about the Civil Rights struggle in Chapel Hill and we need to hear them.
Mayor Foy said that one of the good things about this process was that they heard stories about desegregation, which he believed many people felt was a good thing. But, he stated, what really happened to the African-American community in desegregation was that those who had gained positions of authority and leadership in Black schools were moved into desegregated schools, and their positions were minimized. It was in effect, he said, a bad thing for African-Americans. He said this is the type of story that needs to be told, and we need to hear them.
Mayor Foy said he thought that this is part of what this road renaming can help us to accomplish. He said that renaming the road would make us talk about our history, and listen to these stories that maybe we don’t want to hear. Mayor Foy said that renaming the road would be a great benefit to the community, now and into the future.
THE MOTION TO ADOPT RESOLUTION R-11 WAS ADOPTED UNANMIOUSLY (9-0).
A RESOLUTION ACCEPTING A REPORT AND RELATED RECOMMENDATIONS FROM THE SPECIAL COMMITTEE TO CONSIDER RENAMING AIRPORT ROAD, THANKING THE SPECIAL COMMITTEE FOR ITS WORK, AND DIRECTING THE MANAGER TO TAKE CERTAIN ACTIONS (2004-12-06/R-11)
WHEREAS, on June 14, 2004, the Council created the Special Committee to Consider Renaming Airport Road, with a charge to develop options and recommendations for the Council’s consideration; and
WHEREAS, the Special Committee was charged with making recommendations to the Council by its December 6th meeting;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the report of the Special Committee to Consider Renaming Airport Road, and thanks the Committee for its diligence and commitment in completing its charge. The Council also extends its thanks to the Chapel Hill-Carrboro Branch of the NAACP for introducing the issue and presenting the opportunity for discussion of this and other related issues.
BE IT FURTHER RESOLVED:
That the Council accepts the following primary recommendation as contained in the Committee’s Report:
1. Change the name of Airport Road to “Martin Luther King, Jr. Blvd.” with a separate sign mounted underneath with the designation “Historic Airport Road.” Implement the change six (6) months from the date of approval by the Town Council, or no later than July 4, 2005.
That the Council also directs the Manager to prepare a report to the Council on potential implementation of the following additional recommendations of the Committee:
1. The Town should support individuals impacted by the renaming, possibly including money, technical support, time to adjust, publicity campaign, and an information meeting with the U.S. Postal Service. The Town should look for funds/resources to help Airport Road residents/owners with transition issues (addresses, labels, web pages).
2. In addition to renaming, create a room at the Library with a collection of materials honoring Martin Luther King, Jr. and Civil Rights in Chapel Hill.
3. Support a museum exhibit about Airport Road that includes oral histories, publications, etc. that the Town Council oversees.
4. Further honor Martin Luther King, Jr. with information signs saying “Peace, Racial, and Economic Justice.”
5. Establish a branch of the library in the African American community.
6. Continue to address racial and power issues in Chapel Hill by creating a racial justice commission/task force to coordinate activities such as:
· An annual weekend meeting similar to this forum for a committee of unlimited size to address and discuss race issues in Chapel Hill.
· A Town proclamation of “Racial Justice Week.”
· An annual publication on the state of Black Chapel Hill that includes indicators of housing, jobs, education, political power, social issues, health status, etc.
· A seminar series.
· Public Arts.
· Oral history.
· Annual Brown vs. Board of Education forum.
7. Advocate and voice support for the mission and work of the Orange County Human Rights and Relations Commission.
This the 6th day of December, 2004.
Mayor pro tem Wiggins noted that Dr. King was assassinated during the time that former Council Member Bill Thorpe was a member of the Council. She noted that Chapel Hill was the first town in the United States to celebrate Dr. King’s life by honoring him with a Town holiday, and that became a national movement. Mayor pro tem Wiggins noted that Mr. Thorpe was in the audience tonight.
Council Member Kleinschmidt noted that when this item was before the Council in the past there were two other resolutions, one that would proceed with renaming the current Martin Luther King Street, and the other that would change the address of Town Hall.
Mayor Foy suggested to the Manager that when this comes back in January, that the Manager include suggestions on how to change the name of the current Martin Luther King, Jr. Street, as well as changing the address of Town Hall to Martin Luther King, Jr., Boulevard. Mr. Horton agreed to do so.
Item 7 – Response to Petition on Teenage Drinking
Police Chief Gregg Jarvies noted that the purpose of tonight’s discussion was to respond to a petition regarding teenage drinking and drug use in Chapel Hill and Carrboro. Specifically, he said, the petition asked that the Town partner with other agencies in the community to reduce the level of drug and alcohol use by teenagers, as well as stronger enforcement of alcohol control laws in the Town.
Chief Jarvies applauded the efforts of the Committee for Drug-Free Teenagers, noting that the Police Department had worked closely with the Committee and would continue to do so. He said they had been involved for many years in education and enforcement efforts, particularly about the health and legal consequences of alcohol consumption by teens. Chief Jarvies noted these efforts included the DARE program that was in place in elementary schools through the mid-90’s, enforcement of alcohol control laws, compliance checks at retail establishments, undercover operations at licensed establishments, and the issuance of citations to violators. He said they have not had nor will they ever turn a “blind eye” to the issue of teenage drinking. We have never had nor will we ever have a policy of not charging teenagers who violate alcohol control laws, Chief Jarvies stated, witnessed by the 210 citations issued over the last year for violations involving underage persons.
Chief Jarvies said the public discussion initiated by the Committee on this issue had caused them to strength their policies and enforcement protocol regarding underage possession of alcohol and related incidents. Chief Jarvies then gave the Council a brief review of those policies.
Chief Jarvies said that in all cases where they have identified persons who are underage and violating alcohol control laws or are in the presence of others who are doing so, the parents are contacted. He noted that Officer Matt Sullivan of the Police Crisis Unit has had discussions with over 60 families since the start of this school year. Chief Jarvies said they had strengthened their protocols since discussions had begun with the Committee, and briefly described the processes now used.
Chief Jarvies noted that they are currently negotiating a contract with the ABC Board of Orange County to give the Police Department the authority to enforce alcohol regulations that prior to this contract were only enforceable by Alcohol Law Enforcement Agents or their designees. He said they anticipate the contract will be signed in January, noting this contract will give the Chapel Hill Police Department the power and authority to go into private as well as retail establishments to cite violations rather than having to refer it to the ABC Board.
Chief Jarvies said that the Police Department can play a pivotal role in reducing alcohol consumption by teens, but the foremost role is played by the parents. We will partner with parents and other organizations in the community, he said. Chief Jarvies said that their policies are an appropriate mix of enforcement and outreach to parents and youth, that they had strengthened their policies and protocols over the last six months to reduce the availability of alcohol to youth, and look forward to tonight’s discussion.
Dale Pratt-Wilson, a member of the Committee for Drug-Free Teenagers, introduced Isabel Geffner, who works on the Committee with her and is also the Executive Director of The Community Backyard.
Ms. Pratt-Wilson told the Council she had witnessed underage drinking and the smoking of pot by 200 children at a party in an empty apartment on Franklin Street in May, and was disturbed by the Police’s response which allowed these children to drive away, only to attend another party across town. Ms. Pratt-Wilson said she was further disturbed by the fact that not a single citation was issued that night, not to those who hosted the parties, not to those who aided in the purchasing of the kegs of beer, nor to the party-goers themselves, though there was ample evidence of alcohol and drug use.
Ms. Pratt-Wilson stated they had met with the Town Manager and Police Chief in an attempt to understand Town policies. We were told that the Police policies reflected community norms, and that parents did not want their children policed aggressively on this issue, she said. Ms. Pratt-Wilson said the Committee had been unable to find any survey that would support this conclusion, and it seems that community norms have been established by the NC General Assembly under statutes that make underage drinking and drug use illegal.
Ms. Pratt-Wilson called the Council’s attention to the materials provided for tonight’s meeting, citing statistics regarding underage drinking and drug use. She noted that alcohol and drugs are serious mind-altering drugs, and their use by children poses serious health risks for bodies and minds that are still maturing. Ms. Pratt-Wilson noted the many risks to teenagers, adding that no one wanted to see their children run the risks of drug abuse.
Ms. Pratt-Wilson said the Committee had sponsored three public forums this fall to confront the epidemic of underage drinking and drug use and its consequences on the lives of the young people in Chapel Hill and Carrboro. She gave a brief overview of the success of the Committee, as detailed in the report submitted to the Council.
Ms. Pratt-Wilson said it is the Committee’s hope that the Council would both acknowledge the severity of this issue and join with them to give this public safety issue the attention it deserves.
Ms. Isabel Geffner, Executive Director of The Community Backyard, stated her agency works with all public child service agencies in Orange County. She said their objectives is to ensure that kids with mental health needs can obtain those needs in their own community rather than having to travel outside their communities. Her organization had worked to identify the most critical gaps in services to young people, and among the top five were substance abuse prevention and treatment. Ms. Geffner said that for a community that is as rich as ours in resources, it provides very little prevention services to youth and almost no treatment services to adolescents with substance abuse issues.
Ms. Geffner said the brave stance taken by Ms. Pratt-Wilson last spring drew their attention and caused them to join her in her efforts to bring to the community a model for coalition building that really affects change in the community.
Ms. Geffner said at this point, after having conducted three successful town meetings, the Committee is focused on building an active collaborative with all community stakeholders to encourage and create the reduction of underage drinking and drug use in our community. She stated they are looking to form partnerships with the schools, with mental health professionals, the juvenile justice system, law enforcement officials and others. Ms. Geffner noted it is their belief that in order to achieve lasting change, all of these groups must join in the endeavor together.
Ms. Geffner read the list of goals for the Committee, as provided to the Council in the materials for tonight’s meeting. She then gave an overview of the Committee’s goals and recommendations related to Town policies and law enforcement, as detailed in their report to the Council.
Ms. Geffner stated they are asking that the Council to work with the Town Manager to instruct the Police Department to be more active and responsible about enforcing the laws as they are written. She said they look forward to a dialogue with the Council on how they might engage in this mission with them, and assured them they will not loose sight of this mission.
Council Member Ward thanked Ms. Pratt-Wilson and Ms. Geffner and their organizations for bringing this issue to the attention of the Council and the community. Based on conversations he has had with them and the information they have provided, he said, it is indeed a public health crisis. Council Member Ward said it was disturbing to realize that the youth in our community, our middle and high school students, that every month 2,000 of them are drinking, and that 1,000 of our high school students have had five drinks in a row in the last month by their own admission. He stated it was alarming to him that while we want Chapel Hill to be a leader nationally, it is unfortunate that we exceed the national averages in the area of alcohol and drug abuse by youth.
Council Member Ward commented that we are leading the national averages in the categories of alcohol consumption in the last month, the number of drinks consumed or being offered or sold, student being given drugs on school property, and the smoking of marijuana on school property. He said that maintaining the status quo is not acceptable to him and hoped that the Council would take this opportunity to enlist the leadership that we have in the Town Manager and in the Chief of Police to work with the leadership of the Committee to come up with strategies that are appropriate for the Town to address the goals the Committee have identified.
Council Member Ward stated that he realized that we as a Council or as a town government cannot solve these problems through our efforts alone, that it is indeed a partnership that we need to be a part of. He noted that this partnership needed to include the school leadership, the County Commissioners, and law enforcement at the County level. Council Member Ward noted that we don’t want to do a great job within the Town limits of Chapel Hill only to have the problem moved outside our Town limits. He said it is his hope that the rest of the Council sees that as a serious issue, and needed to direct the Town Manager and the Chief of Police to put forth their best efforts to find appropriate strategies that address the stated goals.
Mayor Foy asked Chief Jarvies to elaborate on the new authority the Police Department has requested from the ABC Board. Using admitting policies of private clubs as an example, Chief Jarvies responded that when they do compliance checks, that if a clerk sells beer to an 18-year-old they can charge the clerk. He said they cannot charge the management or the licensee, for instance, unless they use Section 10-18 of the Town Code. Chief Jarvies said that those cases are forwarded on to the ABC Board, and admittedly many of these result in probation or a “slap on the wrist” three, four, or five times.
Chief Jarvies said under the new authority they hope to have in January, they can go into private clubs, charge the retailer as well as the clerk, and do full criminal investigations on records-keeping or on serving three or four drinks at a time. He elaborated by saying under the law you cannot serve someone three or four drinks at once, because they could purchase four drinks at the counter and take them back to their seats, where teenagers could then have access to those drinks. Chief Jarvies said those types of laws cannot be enforced by his officers on the spot, but ALE (Alcohol Law Enforcement) officers can do so. Under these new regulations, Chief Jarvies said, our officers will be able to enter public and private clubs and perform such on-the-spot enforcement.
Mayor Foy said if people are in a private home and they go inside the house and don’t answer the door, what do you do then? Chief Jarvies said typically they remain in the parking lot, and their policy requires that the officers record license plate numbers of cars parked nearby. If it is a private residence, it’s logical that the car or cars belong to people in the residence. Once we run the tags, he said, we notify the parents or the owners of the vehicles and let them know what we have encountered without accusing anyone. Chief Jarvies said that in large apartment complexes, this becomes more difficult. But, if they are refused entrance into a residence they have no right to go in, he said. Chief Jarvies said they can knock on the door or stand outside, but unless someone’s health is at risk or a serious criminal act is being committed against an individual, they have no right to enter. He stated that they must abide by those rules while on private property.
Council Member Harrison asked what specifically the two organizations represented here tonight want the Police force to be doing that they aren’t doing now in terms of protocols, noting there were several mentioned in the Manager’s memo. He stated that this is a Police force with limited resources, and there are many things the community expects its Police force to be doing and he was impressed with how much they can do. Council Member Harrison said that some of his actions on this Council were based on the fact that he had an understanding of enforcement of different types and how much time it takes. He wondered what single specific thing or two they want the Police force to be doing that it’s not doing now. Council Member Harrison said to keep in mind that this would only be within our Town limits. He noted that there was a list provided, but he had difficultly coming up with a short summation.
Ms. Geffner said it was hard to quantify what their expectations are, but in short they want the law to be enforced, so that if someone were to come across a party with many teenagers drinking alcohol, that those teenagers or at least some of them would be cited because it is illegal. She said they do understand the ramifications of that, and believe that part of what the Council can do is to ensure that retailers are property policed. Ms. Geffner said they envision the Town creating an environment for retailers in which the Town urges them to, for example, join a group where they can learn about responsible alcohol sales. She said then it is not just a punitive situation but also a way in which the Town can say to retailers that we don’t want to just punish you, we want to embrace the fact that you need to learn how to do this. Ms. Geffner said another critical piece of this is that when teenagers have less access to alcohol, obviously they drink less. The retailers are the first piece with the parents being the second piece, and they obviously have a responsibility to their children. One of the messages we need to get out, she stated, is that parents cannot buy the keg before the prom, that it is illegal. Ms. Geffner said that as a community that might mean that we petition the State to institute a process to make keg registration more official.
Ms. Pratt-Wilson said the most disturbing thing to her is the idea that the Town police to the “community norm.” She said she would like to see the Council direct the Manager to direct the Police towards a new community norm, one that is about ensuring the safety of our children.
Neil Friedman said he had learned that if you ask the kids how they feel about the obstacles or barriers that are in place now to discourage them from this activity, they find it laughable, they don’t take it seriously, are not concerned by it, and think it is okay. He said it was incumbent upon leaders, adults, parents, and police officers to make it clear that it is not okay. Mr. Friedman said the kids in this community think it is easy and acceptable. He said you don’t have to take his word for it – just ask them.
Council Member Strom asked if the Council would be interested in having the Town Attorney add the items noted in the memorandum to the Council’s legislative agenda, specifically: “Work with State Legislators to increase funding for more substance abuse treatment facilities in Orange County, and for hiring additional Alcohol Law Enforcement (ALE) officers.”
Council Member Hill stated there were two populations of teenage drinkers in Chapel Hill, those that live with their parents and those that don’t. He said he had heard addressed the ones that don’t live with their parents, primarily students at UNC. Council Member Hill said he was curious about how the Committee felt about that aspect of the problem. Ms. Pratt-Wilson stated that was a monumental problem, but her Committee had focused more on the epidemic present in our middle schools and high schools. So far as the University goes, she said, it was a terrible problem but we are specifically focused right now on our middle schools and high schools.
Ms. Geffner stated that in their last meeting Dean Blackburn attended, who is the Dean of the section of Student Health Services that deals with substance abuse on campus. She said he had stated he was there as a member of the University, as a parent of children in the community, and as an interested citizen. Ms. Geffner said that she saw this as an opportunity to partner with the University, since it was obvious they were aware of what is happening within the Town. She said it would be naive of them not to realize students 18 or older and even those over 21 who may be supplying alcohol or drugs to teenagers are part of the problem, but right now they are focused on teenagers in our middle schools and high schools.
Mayor pro tem Wiggins noted that students at the University who drink were drinking when they came to school here, and started the habit while in high school. She said that starting our focus on our middle schools and high schools is entirely appropriate, adding that by the time they get to college they are already addicted. Ms. Geffner agreed, adding that the statistics of children in middle schools exposed to alcohol and having addiction problems as adults is tremendous, and the cost to the community in services is astronomical.
Mayor pro tem Wiggins said she would like to get a handle on how we can look at this community value and how we can start to shift it back into a way that protects the health, safety and future of the young people in our community. She said we have people moving into our community constantly, and somehow they should get the message that this is not the way to go in Chapel Hill.
Mayor pro tem Wiggins commented she had raised two sons in Chapel Hill, and when her son turned 16, she offered him a party to celebrate. When he said that no one would come, she question why, and he replied because she would not buy them a keg of beer. Mayor pro tem Wiggins said that was the end of the party. She noted that this was over twenty-five years ago, and that was the community norm. Ms. Geffner said that community norm had not changed.
Mayor Foy said this Committee had clearly brought to light some problems and said it was appropriate that the Town Manager and the Police Chief take direction from the community at large. He said that the protocols listed in the Manager’s memo, along with the fact that the Police Chief has worked closely with members of the Committee to evaluate the police role in reducing teenage substance abuse, shows that we have taken a step in the right direction. Mayor Foy said we should give the Police Chief instructions to continue to tighten up our enforcement and then have him show us evidence of that. He said he would like the Chief to come back in a reasonable period of time and show the Council what the effect has been in measurable numbers, and that will help the them evaluate how effective law enforcement has been and if we are having an impact.
Mayor Foy asked the Manager and the Chief what they thought would be a reasonable amount of time for them to come back to the Council with what has been done and possibly some measurable numbers. Mr. Horton said he believed it would be useful to report to the Council on a quarterly basis. He said the Police Chief was already working on this, noting the effort to obtain additional authority for law enforcement, and discussions they had held with members of the Committee. Mr. Horton said they had promised them at that time that they would seek other means to improve enforcement and they have done so, adding they have seen some change in numbers already. Mr. Horton said it would be useful to report on a quarterly basis, not only so the Council can judge for themselves whether or not we are working on the right things and having an effect, but also so we can continue to gain feedback from members of the community who are interested in this and bring attention to the problems. It is a problem and it does need attention, he stated, and this is another way of bringing attention to it.
Council Member Ward said he supports the suggestions made so far, but he wants the Council to empower the Manager and the Chief to spend some time talking with these two groups on other strategies beyond law enforcement. He said he believed there are other important ways to address this problem, such as programs that we as a Town might provide for our teenagers so that they have some alternatives. Council Member Ward said this group is underserved, adding it is a hard age to provide parks and recreation-type programs for. He said he would like there to be a conversation about what we provide, what has and has not worked, and see if the Committee can give us additional strategies to try.
Council Member Ward stated another issue is the element of getting this message out. He said there may be a part for the Town to play, perhaps through the Town Information Officer, through recreation programs or other ways, and he would like us to look beyond just the law enforcement aspect of this as part of the solution.
Mayor pro tem Wiggins said she was interested in ways middle and high school students could be more involved and take some leadership in working with their peers, even if it meant creating some kind of recognition for those who want to organize and convince their peers to behave differently.
Mr. Horton responded we do have some resources that could be applied in these ways, through social services program that our Police Department provides. We are unusual in that sense, he said, in that all of our social services other than those associated with the public housing program are provided through the Police Department. Mr. Horton said this is in part because the Council has recognized the connection between crime and social service needs that are not being properly met. He stated that in addition to the resources we have in people involved in our crisis counseling unit, we have also resources like Matt Sullivan and Bill Cozart who are involved in providing other kinds of services. Mr. Horton said he believed it would be beneficial for the Town to work in that expanded role.
Ms. Geffner commented that the Chamber of Commerce had agreed to work with them in a number of ways, using as an example the idea of placing signs in retail establishments stating that alcohol would not be served to minors. She added that placing signs in buses may be another way to “get the message out.” She said the leadership role the Council might take in this endeavor would be meaningful.
Mayor Foy asked Mr. Horton if he had sufficient direction to proceed. Mr. Horton responded he did, and part of that would be following up with those who had been working on the issue. Mayor asked if that would include a quarterly report in April. Mr. Horton responded that was correct.
Item 8 – Annual Report from Town Members of the
Orange County Solid Waste Advisory Board
Mr. Jan Sassaman and Mr. Randy Kabrick, the Town’s appointees to the Orange County Solid Waste Advisory Board (SWAB), presented their annual report to the Council.
Mr. Sassaman thanked the Council for the opportunity to talk to the Council about the Advisory Board’s work, and displayed a series of slides detailing their work. He indicated that the report focused on the charge and responsibilities of the SWAB, Board composition, current year activities and accomplishments, activities planned for 2005, and issues and concerns. Mr. Sassaman continued as follows:
SWAB Assigned Charge and Responsibility:
SWAB Composition:
Current Year Activities and Accomplishments:
· Approved County-wide “Waste Reduction, Reuse, Recycling Fee” – (known as the 3-R Fee)
· Reviewed options for further revisions to the County Solid Waste Plan
Mr. Sassaman noted that Chapel Hill did not approve the Solid Waste Management Plan, and he and Mr. Kabrick are not sure where Chapel Hill stands on this, or what they have in place to fill that void. He reminded the Council that the other jurisdictions have approved the Plan. Mr. Sassaman continued his presentation:
SWAB Conclusionary Statement to BOCC – January 31, 2004:
Activities Planned for 2005:
· Continue to deal with long-term issues
SWAB Issues and Concerns:
· SWAB issues and concerns continue to be those expressed in our presentation to the BOCC in January 2004.
· The SWAB is also concerned that the apparent low priority of solid waste issues on the part of County-wide elected officials must be expeditiously addressed.
Council Member Strom noted he had two priorities, adding he did not want them to assume he was in favor of a MRF (materials recycling facility). He said that the lack of services along with the fee “got in the way” of Chapel Hill signing on to the County’s Solid Waste Master Plan. Council Member Strom said they had been clear for some time that pay-as-you-throw was a high priority, as well as expanded recycling opportunities in the form of mixed paper at the curb. He stated that making it easier for citizens to cart their recycling to the curb along with their trash was a high priority. Council Member Strom said it seemed that if they would work backwards from those goals then came to the Council, then the Council could give them an informed opinion. Mr. Sassaman responded that he and Mr. Kabrick were in agreement, and were pushing for just that process.
Council Member Harrison noted that the report had mentioned “a regional landfill over which we would share control.” He noted that about four or so years ago there was a conference sponsored by the Triangle J Conference of Governments (TJCOG) where this issue was discussed, but nothing ever came of it. He suggested that they might want to revisit the issue with Triangle J and push for more discussion, since we do have to think about the next landfill and it should be one over which we have some control. Council Member Harrison said the issue is not currently on the Council’s “plate.”
Council Member Harrison said he was surprised that UNC was not a part of the Interlocal Agreement. He asked Mr. Sassaman what Chapel Hill was missing because of this. Mr. Sassaman responded that a UNC representative attends almost all of their meetings and a lot of issues are “hashed out” ahead of time. But, they are potentially a “loose cannon” since they are not a signatory to the Interlocal Agreement. Council Member Harrison asked where is UNC sending their solid waste? Mr. Sassaman said to our landfill, but they have an independent recycling operation.
Mayor Foy said that the TJCOG effort is ongoing and had not been dropped. He said the problem is what does a regional landfill mean, and that question has not been resolved. Mayor Foy said that Wake County, Durham County, and Orange County were discussing that.
Mayor Foy said that Council Member Strom had “hit the nail on the head”, noting that this Council had met face-to-face with the County Commissioners and requested that the recycling fee not be imposed until we had a recycling plan. He said they did it anyway, over our objections, and we still don’t see a good recycling program going forward nor do we see any ability to have a pay-as-you-throw waste reduction effort in Chapel Hill. Mayor Foy said he finds that “frustrating.” Mr. Sassaman responded that is why they are hoping that in the first quarter of next year there will be an opportunity to have all the stakeholders talking in the same room on some of these issues.
Mr. Kabrick said they did not know what the Town’s intentions were regarding the Plan, and reminded the Council that the law requires that if they did not buy into this Plan then the Town must come up with one of its own. He said that their recommendations to the BOCC were that a 61% reduction in recyclable materials be achieved with a MRF, but the Commissioners had stripped out the MRF, but kept the 61% reduction recommendation. So, Mr. Kabrick stated, their task was to figure out how to achieve the 61% goal without a MRF.
Mr. Kabrick said the position they have taken has been a leadership position, noting we were leading the State in waste reduction. He said what we really need to think hard about is whether we want to transfer our solid our waste to another county, adding he did not think it was a good idea. Mr. Kabrick said he would like to see the Orange County SWAB really focus on continuing to lead the State in waste reduction and think about how we will manage our waste for the next fifty years.
Council Member Kleinschmidt asked about Mr. Kabrick’s statement that the Town needed to write its own Plan. Mr. Kabrick said because Chapel Hill did not sign on to the County’s Plan, the Town would need to prepare a 10-year Plan for submittal to DENR, under the terms of the permit.
Council Member Kleinschmidt noted that the SWAB is made up of two members from Carrboro, two members from Hillsborough, two at-large County members, and two from “the tiny little berg of Chapel Hill.” Mr. Kabrick said that was correct. Council Member Kleinschmidt said maybe we should be looking at reconfiguring the membership of the SWAB. He said it seems ridiculous that our representatives and Chapel Hill are “cut out of the system.” Council Member Kleinschmidt said that if the 61% waste reduction goal is met, it would be Chapel Hill that causes it to be met, not the smaller jurisdictions of Hillsborough with 5,000 citizens and two members on the SWAB, or Carrboro with 17,000 citizens and two members on the SWAB. Then, he said, you have Chapel Hill with 60,000 citizens and two members on the SWAB, adding that he believes the Council should work with the County Commissioners to adjust the membership. Council Member Kleinschmidt said then, maybe they can come up with a Plan that Chapel Hill can support.
Mayor Foy noted that the Council, at a subsequent meeting, would need further guidance on how to proceed. Mr. Horton responded he would be glad to do that.
Mayor Foy noted they have not approved a Plan yet, and the SWAB and the BOCC and heard the Council’s objections – that they want a real way to reduce waste, not just a number that’s thrown out. Mr. Kabrick noted that may mean revisiting the terms of the Interlocal Agreement, adding that if that is the case then he would suggest that the Council look closely at how things get approved. As an example, Mr. Kabrick noted that the SWAB had approved the “3-R” fee (reduction, reuse, recycling), and as long as two other entities approved it, Chapel Hill was “out.” So as Council Member Kleinschmidt pointed out, Mr. Kabrick said, the largest entity in the County was powerless to effect the adoption of that fee. He said the SWAB has that independent power.
Council Member Kleinschmidt noted that Chapel Hill was the biggest contributors to the fund that is created by the collection of the 3-R fee. Mr. Kabrick said that was correct.
Mayor Foy noted that the SWAB was an advisory board, and the BOCC had adopted the fee. Mr. Kabrick responded that if you look at the Interlocal Agreement, the SWAB agrees to the fee, and two other entities – Hillsborough, Carrboro, or Chapel Hill – agree to the fee, that if the BOCC wants to adopt it, then it can happen regardless of Chapel Hill’s objection. He noted that it did require the approval of the SWAB, however.
Mayor Foy thanked Mr. Sassaman and Mr. Kabrick for their work.
Item 9 – Old Chapel Hill Cemetery Task Force Recommendations
for Cemetery Improvements
Curtis Brooks, the Town’s Urban Forester and the Task Force’s staff liaison, gave a brief overview of the item before the Council. He noted that one change from the previous recommendation was a reduced allocation of $35,000 from $40,000 for future archive and public information improvements, and an allocation of $5,000 for marker restoration work. In addition, Mr. Brooks noted that the Task Force was also recommending that the Council allocate an additional $20,000 for stone gutter improvements along the western most cross path of the Cemetery.
Mr. Brooks noted that the Task Force had discussed the future oversight of the Cemetery by the Historic District Commission, and were recommending that the Council refer this issue to the Historic District Commission for further discussion of what role the Commission might play in the oversight of future Cemetery improvements.
Mr. Brooks stated that the Manager’s recommendation is that the Council adopt Resolution A specifying the uses of $150,000 in available funding to implement improvements to the Old Chapel Hill Cemetery as proposed by the Task Force, and enact a budget ordinance making available an additional $20,000 for stone gutter improvements. He noted that the Manager also recommended adoption of Resolution B, directing the Town Manager to submit future Old Chapel Hill Cemetery Capital Improvements Project proposals to the Historic District Commission for their review and comment prior to implementation.
Mr. Brooks stated that if the Council wishes to refer the issue of a future role in oversight of Cemetery improvements to the Historic District Commission for their consideration, then adoption of Resolution C would do so.
Steve Moore, a Task Force member, noted he was the dissenting vote on the final recommendations on one important point. He said that the question was whether the $52,000 earmarked for restoration be spent on one privately-owned and maintained area or whether it should be spread around, keeping in mind that some of the areas it may be spread around for are areas that have no one to speak for them. Mr. Moore asked that the Council consider what is equitable in how we use the funds, however “glorious” it may be to use the funds on one aesthetically beautiful area,” adding there are other areas that are in equal need of attention, especially since this is one-time money.
Fred Battle gave a brief account of what the Cemetery meant to him, recounting family visits as well as his work with the Town’s Public Works Department in maintaining the Cemetery. He noted that one of the improvements suggested was the stone gutter improvements, which is badly needed especially in Sections A and B, the site of the African-American slave section.
Mr. Battle said other things identified that need attention are:
· That the number of pine trees located in Sections A and B prevent sunlight from filtering through, which means that grass has little opportunity to grow. He said he would like to have the same type of turf in Sections A and B as in other sections of the Cemetery.
· That the markers that have been vandalized or that are lying on the ground need to be restored. He stated that this ruins the beauty of the Cemetery, and believes that more than the $20,000 recommended is needed to make a difference.
· That in Section 1 of the Cemetery, the walkway that leads to the White section contains graveled paths, which are difficult to maintain. Mr. Battle recommended that these paths be bricked.
· That the parking deck being constructed next to the Cemetery will have its exit located on the west end, which he believes will present problems to the African-American slave section. He recommended holding the $50,000 recommended for the restoration for the iron fences in abeyance until the parking deck is completed and it can be determined what its effect might be.
William Wyatt, a welder associated with Gang Steer, owner of The Last Unicorn in Chapel Hill, stated that his area of expertise was the restoration of antiques, cast iron, wrought iron and the like. He said they were asked by Council Member Hill to look at the cast iron fences. Mr. Wyatt said they had examined the areas of the cast iron fence that had been vandalized or damaged, and had determined that only five to ten percent of the fence had received damaged.
Mr. Wyatt said in their processing of cast iron antiques, that many times they will take two pieces and make one, and that is one of their recommendations to the Council. He added that they had looked at the estimates the Task Force had obtained for the restoration or recasting, and had heard that the plan was to ship it to Georgia or Alabama for the work. Mr. Wyatt said he had located a foundry in Charlotte who had given him a rough estimate of $10,000 to perform the restoration. He said he thought the estimates that had been previously discussed were too high, and in fact were “out of the ballpark.”
Mr. Wyatt asked the Council to use his expertise to make two panels into one, then with the existing panels left or that you need, you can either leave openings or you can go to the Charlotte cast iron foundry for repairs. He said that because a “negative dye” is necessary, which is already available, then only a “sand casting” is required. Mr. Wyatt said the costs quoted in the report are not realistic in normal manufacturing circles. He said the expertise for restoration is available locally and urged the Council to use it.
Council Member Kleinschmidt asked Mr. Wyatt if he had personally examined the cast iron fence. Mr. Wyatt replied that he had. Council Member Kleinschmidt asked what would happen to the fence if the Council did nothing, in other words, what is the life of the fence. Mr. Wyatt said the fence did not deteriorate because of acid rain or rust, it deteriorated because of vandalism. He said that must be addressed in order to preserve the life of the fence. Mr. Wyatt noted that the gates are easily stolen because they are not welded, adding that these types of gates are “hot items in the industry.” Council Member Kleinschmidt said that meant there was some security work that needed to be done. Mr. Wyatt said that was correct, that for the gates you would simply weld a tab on the top of the gate to prevent its removal, but allowing the gate to operate.
Council Member Strom asked Mr. Wyatt did he see any sense of urgency as far as these gates deteriorating further, in other words, if we did nothing for five or ten years would they survive. Mr. Wyatt said that they were painted, and if you used painting processes used today, they would last another hundred years.
Mayor Foy said it was his understanding from the Task Force’s report that there is some sort of certification process for authentic restoration. If asked if the prices and the organizations he was quoting met these certification standards. Mr. Wyatt replied that Southern Casting in Charlotte is certified for all cast iron work, including historic restoration. He said that with historic restoration, you have to be able to reproduce the same item.
Yonni Chapman stated that when the Cemetery was created, the dominant forces in society were racist. He said the Cemetery as a physical structure reflects those values today. Mr. Chapman said when you walk through the Cemetery it is heartbreaking to see the wonderful tombstones on the “White side” and the unmarked graves on the “Black side.”
Mr. Chapman said he wanted to bring up the term “institutional racism.” He said that people are hesitant to talk about racism, but he believes we must get more comfortable with talking about it. He said that institutional racism means that the legacy of the past that was racist has not been undone. So, Mr. Chapman continued, the Cemetery reflects the values of racism from the past. He said obviously we can’t change the past or change the Cemetery in the sense that we’re not going to uproot graves, but what we can change is how we deal with the past and how we represent it.
Mr. Chapman asked what kind of respect do we give to an unmarked grave versus a prominent marble tombstone that tells a story. He said that our values today suggest that we should give equal respect to both. Mr. Chapman said the next question is how do we do that, and suggested that in terms of public funding it would not be “proper” to spend must of that funding on those “fancy structures” erected in the past, since that would be perpetuating the “racial order of things past.” He stated that the public funding should be equitably distributed so that the “Black” side of the Cemetery received at least equal funds to the “White” side.
Mr. Chapman said when tours of the Cemetery are conducted, most of the focus is on the grave markers of prominent individuals on the “White” side of the Cemetery. He suggested that besides equitable funding and not spending so much on the cast iron fences, that the Council focus funding on representing people more equitably. Mr. Chapman said that could include tours that spend time on slavery and the history of the Black community in Chapel Hill. He suggested there be markers placed in the Cemetery that told the story of those graves, possibly history that isn’t written elsewhere.
COUNCIL MEMBER VERKERK MOVED R-12A.
Council Member Verkerk said that she and the other Task Force members had been given the task of going back and addressing the issues that had been raised during the public forum, and primarily among them was the issue of the gutters. She said this had led to the Task Force’s recommendation that more funds be dedicated to the gutters.
Council Member Verkerk said they were also asked to address the markers, noting that some of those that were repaired have been broken again, partly because of vandalism and partly through natural erosion. She said the Task Force had also noted that more oversight was needed, so they wanted to strengthen the hand of the position of the Historic District Commission.
Council Member Verkerk said the Task Force was given a task, and they had “stuck to their guns” on the issue of the Dialectic and Philanthropic Society’s cast iron fences, noting that they are the original structures, that they stand at the highest part, and it was the responsibility of the Town to maintain it. She stated that all the walls around the Cemetery are almost finished, and for those who are concerned about equity, noted that the dry stuck walls around the African-American section of the Cemetery happen to be the most expensive to restore. Council Member Verkerk said the University went to great lengths to obtain original stone. She said that an unsightly fence had been removed, and a “rather beautiful” stone wall had been constructed to screen the trash disposal area, adding she wished it was not there.
Council Member Verkerk noted the Task Force had the expertise of Paul Clapp, a historic preservationist, Catherine Frank who has served on the Historic District Commission, and Rebecca Clark, who although a lay person knows more about the Cemetery that anyone they know of.
Council Member Verkerk said the Task Force came back with a series of recommendations, with a vote of eleven to one. She urged the Council to do what a lot of us had to do on a previous issue, stating that a committee had come forth with recommendations to the Council after meeting for two and a half days (referring to the Renaming of Airport Road Special Committee), that she did not try to second guess their recommendations or interject other issues into it, and because she had faith in that process she had agreed to the recommendations. Council Member Verkerk said that committee had done an excellent job, and asked the Council to show the same faith in this Task Force and accept their recommendations. She said that many of the Task Force members were upset, and that they cared about the Task Force, had invested a great deal of time to these issues, and were not trying to “pull something over on you.” Council Member Verkerk said for the Council to ignore their recommendations would be “very offensive.” She asked for a second to her motion.
COUNCIL MEMBER HARRISON SECONDED THE MOTION.
Mayor pro tem Wiggins said she would have been happy to second the motion had Council Member Harrison not done so. She offered a friendly amendment to Resolution 12a to add an additional $50,000 in funding for marker restoration to be held in abeyance until a plan is developed by the Historic District Commission, working with Town staff, that would make the markers in that portion of the Cemetery more secure. Mayor pro tem Wiggins said markers in that area of the Cemetery had been restored in the past, and unless we have a plan in place that can protect those markers, then in five to ten years they may need to be restored again. She said we have the money, and all we need to do as a Council is to acknowledge that both of these priorities are important and fund them both, which would mean coming up with an additional $50,000 for marker restoration.
Mayor pro tem Wiggins said this is “particularly crucial and important” now because there is an agenda item coming up later tonight where we have added repeatedly to the budget, dealing with development of Parking Lots 2 and 5. She said there is hardly ever discussion about this, about whether or not we can afford it, because it is assumed that it is important even though we are talking about hundreds of thousands of dollars. Mayor pro tem Wiggins said here, we are talking about $50,000. Mayor pro tem Wiggins asked that her friendly amendment be accepted by the mover and seconder.
COUNCIL MEMBER VERKERK AND COUNCIL MEMBER HARRISON ACCEPTED THE FRIENDLY AMENDMENT TO R-12a.
Council Member Greene said she appreciated the hard work of the Task Force, having served on such committees herself. But, she added, it is the Council’s job to apply their individual understanding and reach the best decision possible, noting that the suggestion by Mayor pro tem Wiggins is worth thinking about.
Council Member Greene stated she wanted to be clear as to why she still questions the allocation of the $52,000, which is a large percentage of the total $150,000 funding. She said it is not a matter of wanting to preserve some beautiful and important antique fencing, rather it is a matter of public money and the preservation in the context of public money. Council Member Greene said it also had to do with getting some of the facts straight. She said that the Dialectic and Philanthropic Society’s cast iron fences were two contributing structures to the listing on the National Registry of Historic Places. Council Member Greene said they are valuable and important and deserve to be preserved, but to put it in perspective they were not two of four contributing structures as the report presented with the Council’s materials indicates on page 2. Rather, she said, they were in fact only two of twenty one structures, as noted in the tabulation on page 19.
Council Member Greene said there is a significant portion of the National Registry report that the Council did not receive. We have a narrative description, she noted, but not the sixteen-page statement of significance that outlines these twenty one contributing structures, and that is really the heart of the report. Council Member Greene said she wanted to be clear that she is not denying that the fences are valuable, but wanted them put into perspective. The Cemetery as a whole is one of the twenty one factors, she noted, and the stone wall around it is another separate factor.
Council Member Greene stated that the National Registry’s criteria are pretty broad – they include social and political history as well as architectural merit - and there are four possible ways to be registered and only one needed to qualify. She noted that the Cemetery qualified under two, under Category “A”, which is “property associated with events that have made significant contributions to broad patterns in our history,” and under Category “C”, which is “property embodying the distinctive characteristics of a type, period, or method of construction, or represents the work of a master or possesses high artistic values.”
Council Member Greene continued, saying the Dialectic and Philanthropic Society’s plot, not just their fences but their elaborate monuments as well, are their major contributing factor under Category C, for high artistic value. A total of ten grave stones are associated with these plots, she said, and they are independently named as contributing structures. Council Member Greene commented that there is a description in the narrative that states “they are a showcase for North Carolina’s premiere grave stone carvers during the Antebellum period. In the 1830’s to 50’s families or members of both societies spared no expense in erecting grand monuments to the memory of their departed sons or colleagues. These marble box tombs, tomb tables, head stones and obelisks represent the height of Antebellum funerary art fashion in North Carolina, and among that the fences,” which the report says were probably made at a foundry in the northeast, “were equally fashionable examples of funerary art.”
Now, Council Member Greene noted, also discussed under this high artistic value category is the slave section, which is one of the small number of slave cemeteries in North Carolina whose markers are inscribed. She said they are a significant survival when most known slave cemeteries have no visible markers or have uninscribed field stones. So, she continued, the Dialectic and Philanthropic Society’s fences are a part, but only a part, of the qualification under Category C.
Council Member Greene said that under Category A, we come to social history, and the report says that “with the exception perhaps of two cemeteries in Raleigh, no cemetery has a comparable collection of imminent people as does the Old Chapel Hill Cemetery. But in contrast to the Raleigh cemeteries, especially Oakwood, Chapel Hill’s is distinctive for being small and unpretentious.”
Council Member Greene noted that with this social history comes the category of ethnic heritage, which is what Mr. Chapman had addressed. This is only the second cemetery in the State to be listed on the National Registry for its significance to Black ethnic heritage, she stated. In addition, she noted that the report says, “…it may be unique in containing both graves of slaves and freed African-Americans.”
Council Member Greene commented that the Cemetery could have qualified for registration under Category C alone for its high funerary art, but it could have also qualified under Category A alone without the fences or the fancy monuments for its social and ethnic history. If we decide to privilege the Dialectic and Philanthropic Society’s plots with the expenditure of this disproportionate amount of money, she said, we will be weighing in on this debate that she had alluded to at the last meeting, which she noted she wanted to explain so that it would be understood.
Council Member Greene explained that in the 1970’s in New York City there was a debate between Ada Louise Huxtable, who is an architect critic, and Herbert Gans, who is a sociologist, having to do with a landmark’s commission. She stated that Gans charged that the commission favored the “stately mansions of the rich and buildings designed by famous architects, while neglecting the common buildings.” Council Member Greene said that Huxtable insisted that, on her great buildings approach, “these buildings are a primary and irreplaceable part of our civilization.” To which Gans said “fine, private citizens are of course able to save their own past, but when preservation becomes a public act, supported with public funds, it must attend to everyone’s past.” Now, Council Member Greene said, in the years since, and Mr. Chapman alluded to this, the question is whose past gets remembered, and this has been asked many times. Ordinary building types and ordinary grave stones have a story to tell precisely because they are ordinary, she stated.
Council Member Greene said this issue is important as we try to decide how to allocate these funds, which is much less than is needed. She said she believed that public funds must attend to everyone’s past, and she urged the Council to rethink this issue.
Council Member Kleinschmidt said he wanted to speak to any idea that to not buy wholly the recommendations of the Task Force is to somehow insult or condemn the work of the Task Force. He said they had done a wonderful job that had allowed him to learn a great deal about the Cemetery. Council Member Kleinschmidt said all the items listed in the recommendations are important, and had learned through the Task Force’s work why they are important. He noted they should all be part of the ultimate action that the Council takes.
Council Member Kleinschmidt said he was a little disappointed in the Task Force when after the Council’s last meeting it became clear that there was some significant concern on the Council that over a third of the available funds were recommended to be spent on a single project, which he found to be “somewhat bothersome.” He said there were suggestions from the Council which were ignored, and one he specifically remembered was the idea of perhaps issuing a challenge grant.
Council Member Kleinschmidt said he believes the fundraising potential for this project has been grossly understated. He said this might have allowed us to do some other things, such as fix the gutters and prevent the erosion problems that were priorities in 1987. So, he continued, he was somewhat disappointed that there was no adjustment to the Task Force’s report to reflect the discussion from the public forum.
Council Member Kleinschmidt said he continued to believe that all of the recommendations are important, but does not believe this is the proper way to allocate the available funds. He said this does not imply anything “bad” about the Task Force, its work, or the importance of the Dialectic and Philanthropic Society’s plots. Council Member Kleinschmidt said when he criticizes the allocation structure, he is not criticizing anyone’s work or importance, and he still believes in the value of a challenge grant.
Mayor pro tem Wiggins thanked Council Member Greene for her comments, noting that as she listened to them, the more strongly she felt that we could do both. She said she believed Council Member Greene’s comments underscored our need to “go back to the well” for what they believe is important. Mayor pro tem Wiggins said the Council, with an upcoming agenda item, was “going back to well” for $50,000 for another project, and her feeling is that if no one questions it there will be no opposition to it. She stated her belief that the Council should allocate the $50,000 suggested in the Task Force’s report for marker restoration and include it in the budget, adding that we don’t have to pick and choose because we can do both. Mayor pro tem Wiggins said all it takes is will, and raising this to the same level of importance as the next agenda item.
Mayor pro tem Wiggins stated that “where you put your money is where your priorities are,” adding she would “hate to see us” conduct a fundraiser for this. She commented that “it sounds like we pay for what we want and beg for what we need.” We should not fundraise for a project that we have funds for, she concluded.
Council Member Hill stated that we are facing a difficult budget year, and he does not want to “squander” money. He said he had visited the Cemetery and had talked with people who performed this type of work specifically, noting he had performed similar work for thirty years. Council Member Hill said that spending $52,000 to repair just the Dialectic and Philanthropic Society’s fences is fiscally irresponsible. He said we can do all of these things by allocating a smaller amount of money to repair the fences, specifically in the manner described earlier tonight by Mr. Wyatt, and repair the gutters, all with the $150,000 currently allocated. Council Member Hill said we don’t have to “go back to the well” to get it all done.
Council Member Hill said he did not understand where the $52,000 figure came from, noting that the fences were not in that bad a shape, and it is a disproportionate amount of money to spend on this project. He said he did not believe that the Council should do that.
Mayor Foy stated that Council Members Ward and Verkerk would be allowed to speak, then discussion should end and a vote taken.
Council Member Ward said he believed there was fundraising potential among the Dialectic and Philanthropic Society, and although he does not know at what level, he agreed with Council Member Kleinschmidt that it is underestimated. He said he could support Mayor pro tem Wiggins’ suggestion to include an additional $50,000, but could not support the Task Force’s recommendations without that additional funding. Council Member Ward said the inequity in the percentage of funding “shouts of inappropriate allocation of public funds.” He supports Mayor pro tem Wiggins’ suggestion, but stated that he believes that none of the funds should be spent until a firm plan is in place, adding there is a need for protection of all elements of the Cemetery. Council Member Ward said additional information should be brought back to the Council so that after these renovations and repairs are made, the Council could have some level of confidence that they will have a long life in that condition.
Council Member Verkerk stated she wanted to address one issue, noting that the Task Force did have a member with a high degree of knowledge in historic preservation. She said that when someone with that type of knowledge looks at a fence they know what they are looking at, and when they determine that there are only two companies in the nation qualified to perform the restoration, she does not believe they are trying to waste public dollars. Council Member Verkerk said she believed they know what they are doing, and anyone who owns historic property knows that you can’t just do anything you want to them or bring in someone local to perform work. She said you have to have it all carefully approved, or you destroy the historic value of the property.
Council Member Verkerk said she liked the idea of now spending $220,000, which meant that less than one-fourth of the funds would be spent on the Dialectic and Philanthropic Society’s fences, with about one-fourth spent on marker restoration. She said citizens should understand that the University had already spent $360,000 repairing the stone walls and they have not yet finished, so that figure will rise. Council Member Verkerk said she did not want the notion to exist that the Task Force was not giving attention to the African-American side of the Cemetery, noting that about a fourth of the funds would be spent on lighting that would direct people away and keep them on the outer path. She said there was never any attempt to spend funds on the “rich” side of the Cemetery and ignore the African-American side. As a matter of fact, Council Member Verkerk said, the African-American area was the first area to receive significant improvements.
Council Member Strom said he believed the Council was making a critical error by continuing to “pile money” on a problem that we have yet to define, noting he agreed with Council Member Ward that even though we don’t have a plan, we have learned a lot about the Cemetery. Council Member Strom said he was very interested in some of Mr. Chapman’s comments regarding finding ways to use the Cemetery to further other goals of the Town, such as downtown revitalization efforts that are important. He said he had learned the incredible significant of the Cemetery and believed there is no sense of urgency, so the Council should take the time to think through this.
Council Member Strom said he is interested Resolution C, which would refer the issue of oversight to the Historic District Commission for their consideration. But in hearing this conversation tonight, he said, “piling on the money” is a mistake. Council Member Strom said we don’t have to do it tonight and we should be more deliberative.
Council Member Strom said he wanted to revisit the reason this money exists, which is because of the chiller plant, adding we don’t know what its impact will be on the Cemetery. He said it was a mistake to rush into this.
Mayor pro tem Wiggins reiterated her friendly amendment, noting that the additional funds would not be spent now. She stated that the Council would soon consider agenda item #12, and for two years the Council had “thrown” large amounts of money at this project and no one had questioned it. Mayor pro tem Wiggins said that this Council had no qualms about spending hundreds of thousands of dollars on a development project that still had numerous concerns, adding that there are many citizens who would not come forward and speak to these concerns because they feel this is a vindictive Council and that they will suffer consequences if they do come forward. She said that referring to adding an additional $50,000 to the Cemetery project as “throwing money,” “fiscally irresponsible” or “tight budget” were strong phrases, noting those phrases were not used when they were talking about the development of Parking Lots 2 and 5.
Council Member Strom responded by saying he did not see any connection between these two issues. Mayor Foy ended Council Member Strom’s comments by calling for a vote.
THE MOTION WAS ADOPTED, AS AMENDED, BY A VOTE OF 5-4, WITH MAYOR FOY AND COUNCIL MEMBERS HARRISON, VERKERK, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS GREENE, KLEINSCHMIDT, STROM AND HILL VOTING NAY.
A RESOLUTION SPECIFYING THE USES OF $150,000 IN AVAILABLE FUNDING FOR IMPROVEMENTS TO THE OLD CHAPEL HILL CEMETERY AS RECOMMENDED BY THE OLD CHAPEL HILL CEMETERY TASK FORCE (2004-12-06/R-12a)
WHEREAS, the Council established the Old Chapel Hill Cemetery Task Force to develop recommendations for utilizing $150,000 in available funding for improvements to the Old Chapel Hill Cemetery; and
WHEREAS, the Council has considered the recommendations of the Task Force for use of this available funding;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to allocate $150,000 in available funding for improvements to the Old Chapel Hill Cemetery as recommended by the Old Chapel Hill Cemetery Task Force and as described in this report.
BE IT FURTHER RESOLVED that the Council allocates an additional $50,000 for marker restoration and holds the monies until a plan is developed.
This the 6th day of December, 2004.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO ADOPT R-12b. THE MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH MAYOR FOY AND COUNCIL MEMBERS HARRISON, VERKERK, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS GREENE, KLEINSCHMIDT, STROM AND HILL VOTING NAY.
A RESOLUTION DIRECTING THE TOWN MANAGER TO SUBMIT FUTURE OLD CHAPEL HILL CEMETERY CAPITAL IMPROVEMENT PROJECT PROPOSALS TO THE TOWN’S HISTORIC DISTRICT COMMISSION FOR REVIEW AND COMMENT PRIOR TO IMPLEMENTATION (2004-12-06/R-12b)
WHEREAS, the Council established the Old Chapel Hill Cemetery Task Force to develop recommendations for utilizing $150,000 in available funding for improvements to the Old Chapel Hill Cemetery; and
WHEREAS, the Council has considered the recommendation of the Task Force to involve the Town’s Historic District Commission in future Cemetery improvements; and
WHEREAS, the Council has considered the Manager’s recommendation to submit future Old Chapel Hill Cemetery Capital Improvement Project proposals to the Town’s Historic District Commission for their review and comment prior to implementation;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to submit future Old Chapel Hill Cemetery Capital Improvement Project proposals to the Town’s Historic District Commission for their review and comment prior to implementation.
This the 6th day of December, 2004.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO ADOPT R-12c. THE MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH MAYOR FOY AND COUNCIL MEMBERS HARRISON, VERKERK, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS GREENE, KLEINSCHMIDT, STROM AND HILL VOTING NAY.
A RESOLUTION DIRECTING THE TOWN MANAGER TO REFER THE ISSUE OF A POSSIBLE ROLE IN OVERSEEING FUTURE CEMETERY IMPROVEMENTS TO THE TOWN’S HISTORIC DISTRICT COMMISSION FOR THEIR CONSIDERATION (2004-12-06/R-12c)
WHEREAS, the Council established the Old Chapel Hill Cemetery Task Force to develop recommendations for utilizing $150,000 in available funding for improvements to the Old Chapel Hill Cemetery; and
WHEREAS, the Council has considered the recommendation of the Task Force to involve the Town’s Historic District Commission in future Cemetery improvements; and
WHEREAS, the Council has considered the Task Force’s recommendation for referring the issue of a possible role in overseeing future Cemetery improvements to the Town’s Historic District Commission for their consideration;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to refer the issue of a possible role in overseeing future Cemetery improvements to the Town’s Historic District Commission for their consideration.
This the 6th day of December, 2004.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO ADOPT O-5. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR FOY AND COUNCIL MEMBERS HARRISON, VERKERK, WARD, WIGGINS, GREENE, STROM AND HILL VOTING AYE, AND COUNCIL MEMBER KLEINSCHMIDT VOTING NAY.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-12-06/O-5)
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, 2004 and the same is hereby amended as follows:
|
ARTICLE I |
||||
|
|
||||
|
APPROPRIATIONS |
Current Budget |
Increase |
Decrease |
Revised Budget |
|
|
|
|
|
|
|
GENERAL FUND |
|
|
|
|
|
Transfer to Capital Improvements Fund |
874,000 |
70,000 |
|
944,000 |
|
|
|
|
|
|
|
CAPITAL IMPROVEMENTS PROGRAM FUND |
1,821,779 |
70,000 |
|
1,891,779 |
|
|
|
|
|
|
|
ARTICLE II |
||||
|
|
|
|
|
|
|
REVENUES |
Current Budget |
Increase |
Decrease |
Revised Budget |
|
|
|
|
|
|
|
GENERAL FUND |
|
|
|
|
|
(Appropriated Fund Balance) |
2,477,667 |
20,000 |
|
2,547,667 |
|
|
|
|
|
|
|
CAPITAL IMPROVEMENTS PROGRAM FUND |
|
|
|
|
|
Transfer from General Fund |
874,000 |
70,000 |
|
944,000 |
|
|
|
|
|
|
This the 6th day of December, 2004.
Council Member Kleinschmidt stated that for the record, he wanted to object to the taking of the vote on the Cemetery item. He noted he did not believe the proper procedure was used.
Council Member Harrison noted that the hour was now 11:00 p.m., and asked if the Council needed to deal with that. Mayor Foy responded that they had a meeting to finish.
Item 10 – UNC Staff-Faculty Recreation Association (aka The Farm)
Planning Director Roger Waldon stated that the proposal was to replace an existing building with a new building of about 3500 square feet. He noted that the primary issue that had come from the previous public hearing was a condition of a payment-in-lieu of taxes, and in response a condition had been included in the Special Use Permit that would include payment of those taxes. Mr. Waldon said the Manager recommends approval.
Steve Reznick, representing the Board of The Farm, reminded the Council that The Farm is on State-owned property. He noted that they will be building the structure, but the State owns the land it will sit on. Mr. Reznick stated they believe that the law makes it clear that State property is not taxable. He said there was some ambiguity in the previous lease, and their attorney would address that.
Mr. Reznick said that the report before the Council tonight suggests that The Farm might possibly make a voluntary contribution that would be essentially be the same as taxes, and would be comparable to other recreational facilities in Town. There are two issues, he stated, that need to be addressed. First, Mr. Reznick said, under their organizational structure they are limited in membership to faculty and staff of the University, and so have a very broad spectrum of members and affordability is a big issue for them. Secondly, he continued, they are a low-budget, minimalist, do-it-yourself operation with few resources, so would be unable to voluntarily pay taxes when it is not a legal obligation.
Will Anderson, legal counsel for The Farm, said he would address the issue of taxes, and made three fundamental points:
Mr. Anderson said the record shows that The Farm meets all four requirements as set out in the ordinance for approval of the Special Use Permit, and there haf been no evidence to the contrary. He said the proposed condition that The Farm pay real estate taxes to the Town is not related to the requirements for issuance of the Special Use Permit, and therefore should not be imposed as a condition to the permit. Mr. Anderson continued, stated that neither should the payment of taxes by The Farm be any kind of quid pro quo for the issuance of the permit to The Farm. Even if The Farm’s payment of taxes to the Town was somehow related to the four requirements for the issuance of the permit, he said, the proposed condition would still be inappropriate since The Farm sits on State property and is therefore not taxable. Mr. Anderson referred to a court case involving the Carolina Inn that supported his interpretation of the NC General Statutes.
Mr. Anderson noted that the text in the Manager’s memo on page 2 that sets out the requirement that taxes be paid is no longer applicable, as the lease was amended on October 27, 1986. He quoted the amended lease requires The Farm to “pay ad valorem taxes and the assessments for any municipal improvements, if any, that may be lawfully assessed against the premises and/or the improvements.” Mr. Anderson said this amendment makes it clear that The Farm as the tenant and the State as the landlord, that The Farm would be liable for real estate taxes only if there were any that were lawfully assessed. And, he added, as we know from the Constitution, the NC General Statutes and the Carolina Inn case, State property is exempt.
Mr. Anderson noted that the lease does not make the Town a third party beneficiary. He said neither the language of the lease nor the circumstances at the time of its making supports the Town’s third party beneficiary claim. Mr. Anderson said the lease makes no mention of the Town in its tax provision, and The Farm property was not located within the Town until the year 2000, 24 years after the lease was made. He said that in light of North Carolina law, the language of the lease and the very recent annexation by the Town, the Town had no legitimate claim as a third party beneficiary. Mr. Anderson noted that Mr. Reznick had made it clear that The Farm cannot voluntarily accept the tax condition as part of the Special Use Permit.
Mr. Anderson said that based on the evidence that The Farm had met all requirements for a Special Use Permit and there is no evidence to the contrary, The Farm respectfully requests that the Council issue the Special Use Permit this evening without any special taxation. Mr. Anderson said The Farm should not be burdened with applying to the Attorney General’s Office for an opinion when the land is not taxable and the lease provides no authority for the Town to tax the land. He added that The Farm cannot agree to be bound by any opinion, including the Attorney General’s, that would foreclose any right The Farm may have to appeal a decision regarding its tax liability.
Mayor Foy noted that the Manager’s memo, on the top of page 3, states “…notwithstanding the opinion provided by the Association’s attorney, we believe there is nothing in the applicable law that would preclude the Association from reaching the conclusion that the Association should pay ad valorem property taxes…We encourage the Association to agree to do so…” Mayor Foy asked if they were saying they would not agree to that stipulation. Mr. Anderson stated that The Farm Board had noted it cannot voluntarily pay the tax. Mayor Foy said he was asking for a yes or no. Mr. Anderson said no, they would not agree to that.
Mayor Foy said in the alternative, the memo states that if the Association does not agree to the condition, that The Farm ask for an opinion from the Attorney General. He asked if the Association objected to that as a stipulation in the Special Use Permit. Mr. Anderson responded that The Farm does not believe they should have to go through that process, but if that was included in the Special Use Permit, he would request that the language be amended to delete the requirement that The Farm be bound by the decision of the Attorney General.
Mayor Foy asked Town Attorney Ralph Karpinos for his opinion of that amendment request. Mr. Karpinos responded that his opinion was that due to the late hour, that the Council recess this public hearing until January, to allow him some time to consider this.
Mayor Foy said that either The Farm could accept the alternate stipulation, or the hearing could be recessed. Mr. Anderson responded that they would much prefer to move forward, but if the choice is waiving a right to appeal then they have to choose to wait.
Mr. Karpinos noted he was recommending that the hearing be recessed for several reasons. He said there have been a number of issues raised this evening that they have had no time to consider. Mr. Karpinos said when this issue was first raised, there was a response from The Farm. Then, he continued, a second point was raised in a letter received a couple of weeks ago, and now we’ve seen additional issues raised tonight, adding that they need some time to reflect on those and to respond.
Mr. Karpinos said the Council may recall from orientation sessions that there is some law regarding the Town’s obligation to collect taxes and to not voluntarily allow someone to not pay taxes when they have a legal obligation to do so. And certainly, he said, there is a possibility that this lease between The Farm and the State established a legal obligation for them to pay taxes. Mr. Karpinos said a third issue is one that relates to how these taxes are collected, and the Town does not collect these taxes. Under our agreement with Durham County, he said, Durham County collects these taxes, and Durham County had not been formally contacted by his office to discover whether they have a view on this and what position they might take in regards to collecting taxes from The Farm. Mr. Karpinos said he would like an opportunity to contact Durham County and their attorney to get their view on this matter. He added that deferring this until January would allow them to do that.
COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECESS THE PUBLIC HEARING UNTIL JANUARY 10, 2005.
Council Member Verkerk said she was concerned about tying the payment of taxes to a Special Use Permit, noting it seemed a little unfair to her since it makes the assumption that the taxes would not be paid otherwise. Mr. Karpinos said this was not a finding, it was a stipulation, and believes this is similar to other situations when we have added provisos in Special Use Permits regarding the possibility of land being transferred to an institution that does not pay taxes to ensure that the taxes would be paid. Mr. Karpinos added that the Planning Director might want to comment on this.
Mr. Waldon noted that the circumstance that comes immediately to mind is Meadowmont, where the conditions of the Special Use Permit were that if any of the land is transferred to ownership that is tax exempt, then payment in lieu of taxes would be paid.
Council Member Harrison asked if the 1976 lease was provided in the materials by the applicant. Mr. Waldon stated he did not have the answer to that. Council Member Harrison said that a Planning staff member had indicated that the Planning Department received the lease along with other materials submitted by the applicant. Mr. Waldon said that did sound familiar, but he could not say for sure. Council Member Harrison said it was reasonable for the staff to conclude that ad valorem taxes were at issue here, as this was the only lease provided.
THE MOTION TO RECESS THE PUBLIC HEARING TO JANUARY 10, 2005, WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Foy noted that items 13, 14, and 15 were not time sensitive, and asked if the Council would be willing to defer these items to January 10, 2005. After a brief discussion, the Council agreed by consensus to defer these items to the January meeting, along with items #4j and #4L.
Item 11 – Downtown Economic Development Initiative
Mr. Horton noted that a list had been distributed to the Council that noted the changes the Committee on Parking Lots 2 and 5 had requested be made. He said they would faithfully make those changes, as well as a number of edits in the material that are not matters of substance but are a matter of clarification or error. Mr. Horton said that based on all of the information they have, it would be reasonable if the Council wishes to pursue this possible economic development initiative to proceed with Request for Qualifications from developers, including architects, engineering teams, and teams of people who might have an interest in pursuing this work as a public-private partnership with the Town.
Mr. Horton said in order to do that and in order to carry out other phases of the work, we believe it will take additional funding this fiscal year, and of necessity it would have to come from fund balance. He said he believed it would be reasonable to allocate the additional $50,000 for that purpose. John Stainback was present to answer any questions the Council might have, Mr. Horton said.
Mayor Foy said what is at issue is whether the Council would authorize proceeding with the Request for Qualifications, and funding the additional $50,000.
Virginia Knapp, Associate Director of the Chapel Hill-Carrboro Chamber of Commerce, said the Chamber had been supportive of the concept and encouraged the Council to continue with the process that is underway. She said they look forward to hearing the responses to the Request for Qualifications. Ms. Knapp asked the Council to work diligently with any developers that come forward to create a project that is financial feasible and that enhances the downtown community.
Ms. Knapp said the Chamber and its members would continue to raise questions and help the Council “troubleshoot” as much as they can early in the process. She stated their aim was to help then and all those involved so that the community can realize the best possible development for the Town.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING ISSUANCE OF REQUEST FOR QUALIFICATIONS DOCUMENT FOR POTENTiAL DEVELOPMENT OF TOWN PARKING LOt 5 AND THE WALLACE PARKING DECK SITES (2004-12-06/R-14)
WHEREAS, on June 14, 2004, the Council adopted a resolution outlining recommended development options to use as a conceptual guide by consultant John Stainback and the Council in determining the financial feasibility of the building program for Town Parking Lots 2 and 5 and the Wallace Parking Deck; and
WHEREAS, on June 14, 2004, the Council authorized proceeding with the financial feasibility analysis phase; and
WHEREAS, on August 25, 2004, the Council Committee on Lots 2 and 5 received the consultant’s initial report on financial feasibility and discussed potential scenarios for developing the sites; and
WHEREAS, on September 13, September 27, and October 27, 2004, the Council held public forums on the Financial Feasibility Report and other project-related information, including review by the Downtown Economic Development Corporation, the Downtown Commission, the Chamber of Commerce, and the University; and
WHEREAS, the Council has solicited additional public comment and review through public information meetings on November 4, and 5, 2004;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes issuance of the attached Request for Qualifications as part of a process to select a developer to develop Town Parking Lot #5 and the Wallace Parking Deck and adjacent property.
This the 6th day of December, 2004.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, ENACTMENT OF ORDINANCE O-7. 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, 2004” (2004-12-06/O-7)
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, 2004 and the same is hereby amended as follows:
|
ARTICLE I |
||||
|
|
||||
|
APPROPRIATIONS |
Current Budget |
Increase |
Decrease |
Revised Budget |
|
|
|
|
|
|
|
GENERAL FUND |
|
|
|
|
|
Non-Departmental |
5,413,933 |
50,000 |
|
5,463,933 |
|
|
|
|
|
|
|
ARTICLE II |
||||
|
|
|
|
|
|
|
REVENUES |
Current Budget |
Increase |
Decrease |
Revised Budget |
|
|
|
|
|
|
|
GENERAL FUND |
|
|
|
|
|
(Appropriated Fund Balance) |
2,497,667 |
50,000 |
|
2,547,667 |
|
|
|
|
|
|
This the 6th day of December, 2004.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, ADOPTION OF RESOLUTION R-14.1a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING A CONTRACT AMENDMENT FOR CONSULTING SERVICES With Stainback Public/Private Real Estate (2004-12-06/R-14.1a)
WHEREAS, the Comprehensive Plan and Downtown Small Area Plan identify Town Parking Lots 2 and 5 as key redevelopment sites; and
WHEREAS, on October 27, 2003, the Council authorized the Town Manager to execute a contract with Stainback Public/Private Real Estate to provide economic development consulting services for the future development of Parking Lots 2 and 5 in downtown Chapel Hill; and
WHEREAS, on June 14, 2004, the Council authorized proceeding with financial analysis of Master Plans for Lots 2 and 5 and the Wallace Parking Deck, with options including consideration of a Transit Transfer Center on Lot 2 and a parking structure on the privately-owned RBC Centura property; and
WHEREAS, the consultant has requested additional funds to cover costs associated with discussions with RBC-Centura, presentations at neighborhood meetings, and financial analysis of development concepts for the Wallace Parking Deck and the RBC-Centura property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a contract amendment with Stainback Public/Private Real Estate based substantially on the terms described in the attached memorandum of December 6, 2004, to include in Part 1C, Financial Analysis, the following work:
· Two neighborhood meetings, $4,730
· Discussions with RBC-Centura, $5,460
· Financial analysis of Wallace Deck, RBC-Centura development options, $13,960
BE IT FURTHER RESOLVED that the Council authorizes the Manager to include in the contract amendment references to the additional work products as reviewed in the Manager’s memorandum to Council of December 6, 2004.
This the 6th day of December, 2004.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, ADOPTION OF RESOLUTION R-14.1b. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING COMMENCING WITH THE REQUEST FOR QUALIFICATIONS DEVELOPER SOLICITATION PROCESS (2004-12-06/R-14.1b)
WHEREAS, on June 14, 2004, the Council adopted a resolution outlining recommended development options to use as a conceptual guide by consultant John Stainback and the Council in determining the financial feasibility of the building program for Town Parking Lots 2 and 5 and the Wallace Parking Deck; and
WHEREAS, on June 14, 2004, the Council authorized proceeding with the financial feasibility analysis phase; and
WHEREAS, on September 13, September 27, and October 27, 2004, the Council held public forums on the Financial Feasibility Report and other project-related information, including review by the Downtown Economic Development Commission, the Downtown Corporation, the Chamber of Commerce, and the University; and
WHEREAS, on November 8, 2004, the Council authorized proceeding with the development of draft Request for Qualifications document for Council consideration on December 6, 2004; and
WHEREAS, Stainback Public/Private Real Estate has completed a draft Request for Qualifications document and started work on an initial Request for Proposals document;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes its consultant, Stainback Public/Private Real Estate, Inc. to commence work on the Request for Qualifications solicitation process and complete the draft Request for Proposals and evaluation criteria for the Council’s consideration.
This the 6th day of December, 2004.
Item 12 – Proposed Discussion Process: OI-4 Zoning District –
Land Use Management Ordinance Text Amendment
Mr. Horton stated that a number of community processes that had been used in the past were described in the Council’s materials, and noted that the option that comes closest to what the Council requested was Option 7, a Public Dialogue Meeting. He recommended that option for the Council’s consideration.
Mayor Foy called the Council’s attention to the letter received from UNC Chancellor Moeser and noted as Attachment 5 in the materials, which requests that the Town “recognize by resolution the Town-Gown agreements that preceded enactment of the ordinance and pledge that any changes in the ordinance would also be based on agreement between the two parties.” He said he had requested that the Attorney prepare some language for the Council’s consideration, which is indicated in the second “be it resolved” clause in the revised resolution.
Mayor Foy said the University wants to be able to propose modifications to the OI-4 district based on their experiences with the zoning district, noting they had received a petition this evening asking that other issues that may also come up as part of the modification to the OI-4 district be discussed. He said that given those requests he believed the Council should put the eight options on the table but also make it clear that the purpose of these discussions is to allow everyone to address whatever they feel is important.
COUNCIL MEMBER STROM MOVED TO ADD TO THE LIST OF EIGHT OPTIONS FOR DISCUSSION THE TRANSPORTATION REPORT THAT THEY HAD BEEN PETITIONED FOR. COUNCIL MEMBER HARRISON SECONDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER STROM MOVED THAT THE STAFF BE REQUESTED TO PROVIDE DOCUMENTATION ON PUBLIC DISCUSSIONS THAT OCCURRED REGARDING ISSUES CONNECTING OI-4 IN THE COMPREHENSIVE PLAN, SPECIFICALLY WHERE PRIOR COUNCILS HAD ACCESS TO SPECIFIC INFORMATION THAT THERE WAS REJECTION BY THE UNIVERSITY THAT THE COMPREHENSIVE PLAN IS NOT A CONDITION OF FINDING FOR OI-4. COUNCIL MEMBER GREENE SECONDED.
Council Member Strom noted he was uncomfortable with the language proposed for inclusion in the resolution, noting that we would be forfeiting the right to make changes to “our” zone if the University voices that they don’t see this as an “improvement” to that regulation. He stated that “improvement” was a subjective term, and the Council is charged with representing the citizens and it may be that after these conversations we will face some changes to the zone. Council Member Strom continued, saying it is not static or frozen in time, and he is unwilling to tie the Council’s hands.
Mayor Foy said he believed that was a “misreading” of what the language says. He said he had no intention nor is it legally possible to make a commitment that this Council would not change its ordinances if it were in the best interest of the citizens, and that was not what this says. Mayor Foy said the language means that we engaged in a process in developing OI-4, and are interested in engaging in a process for modifications to OI-4. He said it is a gesture of good faith that when the Town engages in a process and comes to an agreement it does so in a spirit of cooperation with the University, without giving up any authority.
Council Member Kleinschmidt said he believed the language was somewhat confusing, and suggested that a “period” be added after the word “regulations.” He noted that the language that says “which are viewed by both the University and the Town as improvements to those regulations” seems to be saying that both would have to endorse it or else the Town would not have the option to go forward. Council Member Kleinschmidt said adding a “period” after the word regulations, and deleting the remainder of the sentence, would solve the issue by not allowing for a misinterpretation.
Council Member Greene agreed with Council Member Kleinschmidt, and suggested adding the word “suitable” in the second line of the second “be it resolved,” just before the word “proposals.” Council Member Kleinschmidt agreed to the modification proposed by Council Member Greene. He noted that “Option 7” should be included on the blank line under “Now, Therefore, Be It Resolved.”
Council Member Kleinschmidt, commenting on the “Public Dialogue Meeting” process, said he did not want it to be a meeting where the Council and University officials sat in one place, with the public seated in an audience. He said this can create a “wall,” and suggested that the panel of participants be seated in the open area just in front of the Council, which would effectively “close the gap” between the audience seating area and the Council table.
Council Member Kleinschmidt said he remembered the hearings regarding the chiller plant, noting they were very formal and did not want to have that atmosphere. Mayor Foy said he believed that they did want a dialogue, with it televised so it would be accessible to more people than just those who attend. He suggested some other suitable location by identified that would allow for better interaction by participants. Mr. Horton said they would be happy to do that, and perhaps the University would be willing to make facilities at the Friday Center available for this public dialogue, which would allow for easy taping for later broadcast.
Council Member Strom commented that the County’s Southern Human Services Center had a much more flexible space set up for videotaping, as well.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO ADOPT RESOLUTION R-15, AS AMENDED BY COUNCIL MEMBERS STROM, KLEINSCHMIDT, AND GREENE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION INITIATING DISCUSSIONS WITH UNIVERSITY OFFICIALS AND CITIZENS, ASKING FOR PARTICIPATION IN DISCUSSION OF PROPOSED CHANGES TO THE OFFICE/INSTITUTIONAL-4 ZONING DISTRICT (R-15)
WHEREAS, the Chapel Hill Town Council held a Public Hearing on October 18, 2004 to consider changes to the Office/Institutional-4 zoning provisions of Chapel Hill’s Land Use Management Ordinance; and
WHEREAS, the Council is interested in meeting with University officials and citizens to discuss the proposed changes to the Office/Institutional-4 zoning provisions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests that the Mayor and Town Manager make arrangements for additional discussions of these proposed changes, as described in Option 7 of the Town Manager’s December 6, 2004 memorandum on this topic.
BE IT FURTHER RESOLVED that the Council affirms its interest in using this new process as an opportunity to engage with the University in discussions that will lead to suitable proposals for modification to the OI-4 zoning regulations.
This the 6th day of December, 2004.
Item 16 – Appointment of a Council Committee to Evaluate Proposals
and Recommend a Consultant for the Budget Review Process; Appoint a Convener
Mayor Foy noted that Council Members Strom and Hill had requested to serve on this Committee. Council Member Harrison volunteered to serve, as well. Mayor Foy noted he would participate on the Committee.
A RESOLUTION APPOINTING COUNCIL MEMBERS TO A COUNCIL COMMITTEE TO RECOMMEND SELECTION OF A BUDGET CONSULTANT (2004-12-06/R-19)
WHEREAS, the Council desires to engage a management consultant to:
· evaluate Town services for opportunities to decrease costs and increase efficiency while maintaining effective services; and
· compare Town service levels and costs with those of other municipalities in the Triangle and similar communities elsewhere;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council designates Council Members Bill Strom, Cam Hill, Ed Harrison and Mayor Kevin Foy as appointees to the Committee to recommend a management consultant to review Town service levels, efficiency and costs, and appoints Mayor Foy as the Committee Convener.
This the 6th day of December, 2004.
Item 17 - Appointments
Agenda #4L: Modifications of Eligibility Requirements for Service on the Stormwater Management Utility Advisory Board.
Mayor Foy indicated that Consent Agenda Item #4L would make a modification to this Board regarding eligibility. He noted that Milton Heath, who had been appointed to this Board in the seat reserved for a University employee, had indicated he did not wish to serve in that capacity.
Council Member Strom suggested that the membership be modified as follows: 6 residential property owners, 4 business owners, and 1 UNC representative. He said this keeps an odd number on the Board and gives the Council more flexibility in making appointments.
Mayor Foy asked UNC representative Linda Convissor if Margaret Holton was the University’s choice to fill the UNC seat. Ms. Convissor responded yes.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ENACT O-5, AS AMENDED TO MODIFY THE MEMBERSHIP TO SIX RESIDENTIAL PROPERTY OWNERS, FOUR BUSINESS OWNERS, AND ONE UNIVERSITY REPRESENTATIVE, SECONDED BY COUNCIL MEMBER STROM. THE MOTION WAS ENACTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING SECTION 23.12 OF THE TOWN CODE REGARDING ELIGIBILITY REQUIREMENTS FOR APPLICANTS WISHING TO SERVE ON THE TOWN STORMWATER MANAGEMENT UTILITY ADVISORY BOARD (2004-12-06/O-5)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 23-12 of the Town Code is hereby revised to read as follows:
“Sec. 23.12. Membership Qualifications and Terms.
The Stormwater Management Utility Advisory Board shall
consist of eleven (11) members appointed by the Town Council. All
appointees shall reside within the corporate limits of the Town of Chapel Hill during their terms of service. Board representation shall include six
members who are single-family residential property owners of
single-family residential property within Chapel Hill, four members
who are owners or employees of companies owning property within Chapel Hill
used for multi-family, business, commercial, or non-profit purposes, and one
member employed by the University of North Carolina at Chapel Hill.
The terms of board members shall be a maximum of three (3) years. The terms of the original members may be staggered so that all terms do not expire simultaneously. Vacancies shall be filled only for the remainder of the unexpired term of the vacant position. Members of the Board shall demonstrate interest in support for the efficiency, effectiveness, goals and mission of the Town’s Stormwater Management Program. Board members shall serve without compensation, but may be reimbursed for actual expenses incidental to the performance of their duties within the limit of funds available to the Board and identified by the Town Council for such purposes.
Section 2. This Ordinance is effective upon enactment.
This the 6th day of December, 2004.
17a. Stormwater Management Utility Advisory Board.
The Council appointed: Philip Berke, Milton Heath, Patricia Hughes, and Suzanne Lea in the Residential Property Owner category; Margaret Holton as the UNC Representative; and Philip Post and Warren Mitchell in the Business Employee or Owner category.
|
|
Council Members |
|||||||||||
Stormwater Management Utility Advisory Board |
Foy |
Greene |
Harrison |
Hill |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
||
|
Residential Property Owners: |
|
|
|
|
|
|
|
|
|
|
||
|
Lawrence Band |
X |
|
|
|
|
|
|
|
X |
2 |
||
|
Philip Berke |
X |
X |
X |
|
X |
X |
X |
X |
X |
8 |
||
|
Harlan Cornell |
X |
|
|
X |
|
|
|
|
|
2 |
||
|
William Foster |
|
|
|
|
|
|
|
|
|
|
||
|
Milton Heath |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
||
|
Margaret Holton |
|
|
|
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Patricia Hughes |
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X |
X |
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X |
X |
X |
X |
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6 |
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W. Daye Jones, Jr. |
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X |
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X |
2 |
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Suzanne Lea |
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X |
X |
X |
X |
X |
X |
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6 |
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UNC Employee |
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Lawrence Band |
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Philip Berke |
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X |
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X |
X |
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3 |
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Margaret Holton |
X |
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X |
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X |
X |
X |
X |
6 |
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Business Employees or Owners |
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Tony Bayless |
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X |
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X |
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X |
X |
4 |
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Jamie Gollings |
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X |
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1 |
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W. Daye Jones, Jr. |
X |
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X |
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X |
X |
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4 |
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Warren Mitchell |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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Item 19 – Reserved for Discussion of Consent Agenda Items, If Necessary
Agenda #4h: Authorization to Apply for Parks and Recreation Trust Fund (PARTF) Grants for the Homestead Park Aquatics Center and the Southern Community Park.
Mr. Horton requested that the Council act on the two resolutions that would authorize the Manager to apply for Parks and Recreation Trust Fund grants for the Homestead Park Aquatics Center and Southern Community Park projects, and authorize the Mayor to sign the applications that would guarantee that matching funds would be available if the grants are successful.
Council Member Foy determined from Mr. Horton that the $500,000 matching funds were not an additional $500,000, rather are funds already on hand. He said that it was apparent there were some funding challenges, and suggested that the Project Planning Committee be convened as soon as possible so they can discuss this with our funding partners. Mayor Foy agreed. Mr. Horton offered to work to arrange the necessary meetings so that the Council could receive an update from the staff and the architect engineer working on the project.
Council Member Strom said he was only bringing this up because he was concerned that we be able to build the two projects with the money already identified.
COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION R-7a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MANAGER TO APPLY FOR A PARKS AND RECREATION TRUST FUND GRANT FOR THE SOUTHERN COMMUNITY PARK PROJECT AND AUTHORIZING THE MAYOR TO SIGN THE APPLICATION, WHICH WOULD GUARANTEE MATCHING FUNDS (2004-12-06/R-7a)
WHEREAS, Orange County has allocated $2,842,000 in Parks bonds for the Southern Community Park; and
WHEREAS, the Town has submitted a Special Use Permit application for the project; and
WHEREAS, preliminary cost estimates indicate that existing funds would not allow construction of a substantial portion of the park program;
NOW, THEREFORE, BE IT RESOLVED by the Council that the Manager is authorized to apply for a Parks and Recreation Trust Fund grant for the Southern Community Park project in the amount of $500,000.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Mayor is authorized to sign a Parks and Recreation Trust Fund application that would guarantee $500,000 in matching funds if the grant is successful.
This the 6th day of December, 2004.
COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION R-7b. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MANAGER TO APPLY FOR A PARKS AND RECREATION TRUST FUND GRANT FOR THE HOMESTEAD PARK AQUATICS CENTER PROJECT AND AUTHORIZING THE MAYOR TO SIGN THE APPLICATION, WHICH WOULD GUARANTEE MATCHING FUNDS (2004-12-06/R-7b)
WHEREAS, Orange County has allocated $4,355,000 in Parks bonds for the Homestead Park Aquatics Center; and
WHEREAS, the Council has allocated $1,158,000 in Parks bonds for the Homestead Park Aquatics Center; and
WHEREAS, the Town has submitted a Special Use Permit application for the project; and
WHEREAS, preliminary cost estimates indicate that existing funds would not allow construction of a significant portion of the building program;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to apply for a $500,000 Parks and Recreation Trust Fund grant for the Homestead Park Aquatics Center project.
BE IT FURTHER RESOLVED by the Council that the Mayor is authorized to sign a Parks and Recreation Trust Fund application that would guarantee $500,000 in matching funds if the grant is successful.
This the 6th day of December, 2004.
Item 20 – Request for Closed Session
Council Member Kleinschmidt moved that the Council go into closed session this evening, as authorized by North Carolina General Statute Section 143-318.11(a)(5), to instruct the Town staff concerning the position to be taken on behalf of the Town in negotiating the terms for the possible acquisition of a tract of approximately 1.9 acres on Millhouse Road adjacent to the Town Operations Center and identified as TMBL #7.18..3A. The motion was seconded by Council Member Strom.
THE MOTION TO MOVE INTO CLOSED SESSION WAS ADOPTED UNANIMOUSLY (9-0).
The Council meeting was reconvened at 11:54 p.m.
Mayor Foy announced appointments to the Stormwater Management Utility Advisory Board, noted under Agenda Item #17a.
The meeting adjourned at 11:55 p.m.