SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
Monday, January 28, 2002, AT 7:00 p.m.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins. Council Member Flicka Bateman was absent, excused.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Finance Director Jim Baker, Traffic Engineer Kumar Neppalli, Engineering Director George Small, Stormwater Engineer Fred Royal, Planning Director Roger Waldon, Parks and Recreation Director Kathryn Spatz, Senior Long Range Planning Coordinator Chris Berndt, and Town Clerk Joyce Smith.
Mayor Foy announced that Council Member Bateman was not in attendance because her mother had passes away. He offered her the Town’s deepest sympathies.
Item 2 – Public Hearings: None
Item 3 – Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items not on the agenda.
3a(1). Kenneth J. Vetters, Homestead Village Homeowners Association, regarding a request for a sidewalk on Seawell School Road.
Mr. Vetters, President of the Homestead Village Homeowners Association, spoke for the Association in expressing their appreciation for the prompt attention given to their recommendations for modification of the Seawell School sidewalk plan. He said they felt strongly that the suggestions they submitted would improve the safety of the children attending the three neighborhood schools. He added that they would like to assist in any way possible.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a(2). Terri Tyson, member of the Parks and Recreation Commission, and Vice Chair of the Pritchard Park Committee.
Ms. Tyson said the Committee was working to provide a plan for the Town of Chapel Hill to have an art or sculpture garden located in the park adjacent to the Town Library, which could be enjoyed by all the citizens. She said the petition was for the Council to appoint a member as a liaison for the Committee, and would like to have the Council’s involvement before the final presentation in April. She said all members of the Council were welcome at their meetings, the next one being scheduled for February 1 at 12:00 noon at the Public Library.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a(3). Steve Moore, Regarding Oversight of the Old Chapel Hill Cemetery.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a(4) Julie McClintock on two matters on behalf of the Citizens for Livable Communities.
Ms. McClintock petitioned the Council on the following:
1. The Development Ordinance - #9 on the Agenda. Ms. McClintock said the Committee is pleased that the Council is looking at extending the time to look at the document and holding a number of workshops. She requested that of the two public forums, that one be devoted to environmental and neighborhood groups, suggesting that the Council invite environmental organizations and neighborhood groups in Town to share ideas and opinions, and the staff memorandum on the Comprehensive Plan goals be mailed to these associations.
2. Ms. McClintock strongly endorse using a moratorium on development until the new ordinance was in effect and would make it easier for the Council to apply the new Development Ordinance. A 2% growth rate in the community is a substantial one, she noted.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITIONS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3b. Petitions by citizens on items on the agenda.
Mayor Foy suggested that Aaron Nelson give his comments on the moratorium.
3b(1). Aaron Nelson, Executive Director of the Chapel Hill-Carrboro Chamber of Commerce
Mr. Nelson listed several organizations that had written to the Mayor today expressing their opposition to a moratorium on development. He also distributed to the Council copies of 50 e-mails, addressed to him, which expressed the same opposition. Mr. Nelson said that if the moratorium was adopted it could apply to all types of development, and could prohibit key redevelopment or development projects in Chapel Hill, which he listed. He said the Town was very fortunate to have local businesses in various stages of commercial development or redevelopment improvement projects.
Mr. Nelson said a moratorium was an inappropriate solution to an unidentified problem. He said there was already a development ordinance in place that gave the Council great discretion, and it had been used for years. Mr. Nelson said there was no need to abandon the old ordinance which had done well to manage the community’s progress. He asked the Council to oppose a moratorium.
3b(2). Dan Jewel, President of a planning and referral firm.
Mr. Jewel said there was a good development ordinance in place now, with no fatal flaws, and about 75% of the old ordinance would be carried through to the new ordinance. He said there were no really sweeping changes coming through with the proposed new ordinance. He said the line had already been drawn between the old ordinance and the proposed new ordinance, and is explained by the staff to developers as they come to the Town with proposals. Mr. Jewel said the new ordinance will explain in detail what will be expected of developers, and there is no need for a moratorium.
3c. Announcements by Council Members.
3c(1). Council Member Bill Strom, Fixed Guideway Corridors.
Council Member Strom said he had been asked to bring back as a resolution to the Council at tonight’s meeting regarding the need to evaluate possible fixed guideway corridors designed to link major employment and residential areas of Chapel Hill with Durham, Raleigh, the Research Triangle Park and RDU International Airport. He said after discussions with the staff, he decided to delay discussion of this item until the February 11, 2002 Council meeting, when an evaluation of possible fixed guideway connections between the Gateway area and anticipated development on the Horace Williams property will be discussed.
Item 4 – Consent Agenda
Town Manager Cal Horton asked that item 4e, Authorization to Issue General Obligation Bonds and Refunding of 1992 General Obligation Bonds, be amended on advice of the Town’s bond counsel. He explained that in view of a slight rise in the interest rates, the bond refunding math needed to be restated as $3,800,000 instead of $3,400,000, and the aggregate amount of the issuance would be restated as $6,735,000 rather than $6,335,000.
Council Member Strom asked if the estimated savings from this financing was basically the same. Mr. Horton said they would be reduced slightly.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 4 WITH ITEM 4E AMENDED AS REQUESTED BY THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-01-28/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. |
Resolution Setting the Schedule for June 30 Expiration of Board and Commission Member Appointments (R-2). |
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b. |
Resolution Authorizing Purchase of Open Space on Dickerson Court (R-3). |
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c. |
Installation of Multi-way Stop Signs at the Intersection of Greenview Drive and Copperline Drive (O-1). |
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d. |
Installation of Multi-way Stop Signs at the Intersection of Branch Street and Justice Street (O-2). |
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e. |
Authorization to Issue General Obligation Bonds and Refunding 1992 G.O. Bonds on March 12, 2002 (R-4). |
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f. |
Authorization for Chapel Hill Garden Club Spring Garden Tour to Close Greenwood Road and Old Mill Road (R-5). |
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g. |
Authorization to Extend Lease of Parking Spaces to FGI and to Lease Other Spaces on a Month-to-Month Basis (R-6). |
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h. |
Municipal Agreement between the Town and N.C. Department of Transportation for Biennial Bridge Inspection (R-7). |
This the 28th day of January, 2002.
A RESOLUTION REGARDING THE PROCESS FOR CONSIDERING APPOINTMENTS TO TOWN ADVISORY BOARDS AND COMMISSIONS (2001-01-28/R-2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule for appointments to Town advisory boards and commissions:
May 7 Orange Water and Sewer Authority Board of Directors
Planning Board
Technology Committee
May 21 Historic District Commission
Transportation Board
Library Board of Trustees
Chapel Hill Public Arts Committee
June 11 Board of Adjustment
Community Design Commission
Greenways Commission
Parks and Recreation Commission
June 25 Bicycle and Pedestrian Advisory Board
Housing and Community Development Advisory Board
Human Services Advisory Board
Personnel Appeals Committee
This the 28th day of January, 2002.
A RESOLUTION AUTHORIZING THE MANAGER TO ACQUIRE 105 DICKERSON COURT AND TO USE 1996 TOWN OPEN SPACE BOND FUNDS FOR THE PURCHASE AND CAPITAL IMPROVEMENT PROGRAM GREENWAYS FUNDS OF APPROXIMATELY $10,000 FOR THE DEMOLITION OF THE STRUCTURE (2002-01-28 /R-3)
WHEREAS, in November 1996, Chapel Hill voters approved $3,000,000 in general obligation bonds for purchase of open space; and
WHEREAS, on May 26, 1998, the Council adopted the Chapel Hill Greenways Comprehensive Master Plan, which set as a goal the construction of a trail along Bolin Creek from the Elizabeth Street and Community Center Park; and
WHEREAS, this approximately 0.44 acre parcel meets the Council goal of acquiring land suitable for promoting non-automobile community connectivity and/or preserving, scenic vistas, environmentally sensitive areas, Resource Conservation District land, community open space and neighborhood open space; and
WHEREAS, the Town has purchased three adjoining parcels under the Flood Mitigation Assistance agreement; and
WHEREAS, the health and safety risks of the occupants and potential Town emergency rescue units will would be reduced during flood events;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to purchase the property at 105 Dickerson Court along Bolin Creek, Tax Map Lot 7.48.A.5, using 1996 Open Space Bond funds for the purchase price of $50,000 and expenses not to exceed another $3,000, and to use approximately $10,000 of the Capital Improvement Program Greenways fund for demolition costs.
This the 28th day of January, 2002.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2002-01-28/0-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:
“Through Streets Stop Streets
Greenview
Drive Copperline Drive”
Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:
“Intersection(s)
Greenview Drive and Copperline Drive”
Section 3. This ordinance shall become effective February 28, 2002.
This the 28th day of January, 2002.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2002-01-28/0-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:
“Through Streets Stop Streets
Justice
Street Branch Street”
Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:
“Intersection(s)
Branch Street and Justice Street”
Section 3. This ordinance shall become effective February 28, 2002.
This the 28th day of January, 2002.
A RESOLUTION APPROVING THE FORM OF NOTICE OF INTENT TO FILE AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION TO ISSUE CERTAIN GENERAL OBLIGATION BONDS, AUTHORIZING AND DIRECTING PUBLICATION OF SUCH NOTICE OF INTENT AND DESIGNATING BOND COUNSEL AND AN UNDERWRITER FOR SUCH BONDS AND FOR CERTAIN REFUNDING BONDS (2002-01-28/R-4)
WHEREAS, the Council desires to pursue the possibility of issuing one or more issues of general obligation bonds of the Town of Chapel Hill, North Carolina (the “Town”) in the aggregate principal amount not to exceed $6,735,000 (the “Bonds”), which Bonds would be composed of one or more of the following issues: (i) up to $3,800,000 in aggregate principal amount of the Town of Chapel Hill, North Carolina General Obligation Refunding Bonds, Series 2002 (the “Refunding Bonds”), all of the proceeds of which would be used by the Town to refund the aggregate outstanding principal amount of the Town’s Public Improvement Bonds, Series 1992 originally issued in the aggregate principal amount of $5,000,000; and (ii) up to $2,9350,000 in aggregate principal amount of the Town of Chapel Hill, North Carolina Public Improvement Bonds, Series 2002 (the “Public Improvement Bonds”), the proceeds of which would be used by the Town to pay the capital costs of the acquisition, construction, installation, renovation, expansion, reconstruction and equipping of certain public improvements in the following respective approximate maximum amounts: $1,185,000 to pay capital costs of acquiring real property in order to maintain, protect, limit the future use of or otherwise conserve open spaces and areas; $290,000 to pay capital costs of providing public works facilities; $100,000 to pay capital costs of providing fire and police facilities and equipment; and $1,360,000 to pay capital costs of construction, replacement and reconstruction of streets and sidewalk improvements; and
WHEREAS, a notice of intent to file an application with the Local Government Commission of North Carolina to issue the Public Improvement Bonds is required to be published in a newspaper of general circulation in the Town of Chapel Hill, North Carolina at least ten (10) days prior to the filing of such an application; and
WHEREAS, the law firm of Womble Carlyle Sandridge & Rice, PLLC, Winston‑Salem, North Carolina, has been recommended to the Town Council as a law firm possessing capabilities in each of the following areas:
(a) North Carolina municipal law, including in particular the Local Government Bond Act;
(b) Municipal finance and municipal securities law;
(c) Corporate Finance and Corporate Securities Law; and
(d) Tax Law, including Section 103 and Sections 140 through 150 of the Internal Revenue Code of 1986, as amended,; and
WHEREAS, the firm of Ferris, Baker Watts, Inc. Richmond, Virginia, has been recommended to the Town Council as an underwriting firm experienced in the structuring and marketing of the Bonds.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, North Carolina as follows:
Section 1. The form of the notice of intent to file an application with the Local Government Commission of North Carolina to issue the Public Improvement Bonds in the form of Exhibit A attached hereto is hereby approved and the Town Manager and the Town Attorney of the Town are hereby authorized and directed to cause such notice of intent, as may be required by the Local Government Bond Act, relating to the Public Improvement Bonds for the purposes set out in said form of notice to be published in a newspaper of general circulation in the Town.
Section 2. The law firm of Womble Carlyle Sandridge & Rice, PLLC, Winston‑Salem, North Carolina, is hereby designated to serve as bond counsel in connection with the issuance by the Town of the Bonds, or any series thereof, and in connection with the issuance by the Town of such additional issues of bonds as the Council shall deem appropriate.
Section 3. The firm of Ferris, Baker Watts, Inc., Richmond, Virginia is hereby designated to serve as underwriter in connection with the issuance by the Town of the Bonds.
Section 4. The Town Manager and the Town Attorney are hereby authorized and directed to take such other actions as they may deem appropriate to expedite the process of issuing the Bonds, including, without limitation, the preparation of an application or applications for approval of the issuance of the Bonds, which application or applications shall be filed by the Town with the Local Government Commission.
Section 5. This resolution shall taken effect upon its passage.
Section 6. A certified copy of this resolution shall be filed with the Local Government Commission.
This the 28th day January, 2002.
A RESOLUTION TEMPORARILY CLOSING GREENWOOD ROAD (CHAPEL HILL GARDEN CLUB SPRING GARDEN TOUR) (2002-01-28/R-5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of Greenwood Road on April 6, 2002, from 9:30 AM to 4:00 PM and on April 7, 2002, from 11:30 AM to 4:00 PM to allow the holding of the Chapel Hill Garden Club Spring Garden Tour.
This the 28th day of January, 2002.
A RESOLUTION AUTHORIZING THE MANAGER TO EXTEND THE LEASE OF 70 PARKING SPACES TO FGI AND TO LEASE 34 OTHER SPACES ON A MONTH-TO-MONTH BASIS (2002-01-28/R-6)
WHEREAS, The Town owns and operates Parking Lot #5 on the corner of West Rosemary and Church Streets, which has both hourly and monthly spaces available; and
WHEREAS, FGI is leasing 104 parking spaces in this lot and has requested that the Town amend the agreement to reduce this number to 70 spaces, the number of spaces for the use of employees of FGI; and
WHEREAS, the Town would retain the 34 spaces in Parking Lot #5, which could be made available as monthly rental spaces to other interested parties;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to amend the agreement with FGI, dated May 1, 1997, for the lease of 104 parking spaces, to a lease with FGI for 70 spaces, and make available for monthly rental to other interested parties the remaining 34 spaces, at Town Lot #5 and to extend the term of the current agreement to remain effective through December 31, 2002.
This the 28th day of January, 2002.
A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR BRIDGE INSPECTION (2002-01-28/R-7)
WHEREAS, the Town of Chapel Hill has requested the Department of Transportation to perform certain work under the Federal Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the reinspection and analysis of all public bridges on the Municipal Street System in the Town of Chapel Hill; and
WHEREAS, the Town of Chapel Hill proposes to enter into an agreement with North Carolina Department of Transportation for said work wherein the Department of Transportation will reinspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with National Bridge Inspection Standards; and
WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80%) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and
WHEREAS, under the proposed agreement the Town of Chapel Hill shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Municipal Agreement between the Town of Chapel Hill and the North Carolina Department of Transportation for bridge inspections as described herein.
This the 28th day of January, 2002.
Item 5 – Information Items
Council Member Strom removed 5a, North Carolina Division of Land Quality Sedimentation and Erosion Control Resources, and 5c, Report on Advisory Board Appointment Process.
Item 6 – OWASA Report: Water Conservation and Demand Management
Bernadette Pelissier, Chair of the OWASA Board of Directors, said that the reason she wished to speak to the Council was a request for the Town to change the Water Conversation Act that was currently on the books. She said that at a presentation last week the message was that, while OWASA was concerned about providing a safe and adequate supply of water for the future, they were very concerned about demand management. She said that one element of water conservation was a need for a water conservation ordinance. Ms. Pelissier said there was an ordinance presently, identical for Chapel Hill, Carrboro and Orange County, passed in the 1980s, before Cane Creek Reservoir became operational. She said only Town officials could pass such an ordinance, as OWASA does not have legal authority to enact or enforce such ordinances.
Ms. Pelissier outlined the goals for this requested ordinance. She said whatever new ordinance is enacted, it has to be the same for all three municipalities, and she was presenting the information to all three. She outlined what the ordinance would be:
· Effect the outdoor water use, which is non-essential.
· Voluntary year-round conservation.
· Specified water restrictions
· All irrigation systems be equipped with water sensors
· Risk to water supplies in reservoirs
· Peek-day water demand, usually in summer time
· Water supplies restrictions:
· Stage I emergency water shortage—irrigation only three days a week, and serving water in restaurants, except on request.
· Stage II—Same as Stage I, except irrigation allowed only one day of each week, no use of water to fill fountains, pools, ponds, or swimming pools, unless pool is replenished only to minimum amount needed.
· Stage III—emergency water supply—No outdoor use of water for anything other than emergency fire suppression.
Ms. Pelissier continued on the reasons for requesting the ordinance by April:
· Relevant and timely public awareness will coincide with the May 1 start of OWASA’s new Conservation Rates,
· If the current drought has not ended and Cane Creek and University Lake have not refilled by that time, water use restrictions may be needed during the coming summer.
· If construction to expand the capacity of the Jones Ferry Road Water Treatment Plant, which is scheduled for completion in the spring of 2002, is delayed, water use restrictions may be needed.
Council Member Ward asked, if the restrictions were enacted, how they would be enforced. Ms. Pelissier responded that OWASA would not have the authority to enforce. She said there would be a fine, as proposed in the report.
Mayor Foy asked if it would be possible for the staff to bring the proposal back to the Council in time. Mr. Horton said he believed that could be done.
Mayor pro tem Evans asked what the costs of the sensors would be and whether people’s irrigation systems could be adapted to go to Stage I. She wondered about seedlings that would have to be watered and would people be allowed to water them. Ms. Pelissier said they were working on getting the costs.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE REPORT TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Item 7 – Report from the Citizens Committee to Study Traffic
Safety Issues on Weaver Dairy Road
Paul Caldwell, Chairman of the Weaver Dairy Road Citizens’ Committee, reported that the Committee had been asked to:
· Identify, evaluate, and recommend traffic calming measures to be considered by the State for incorporation into the improvement plans for Weaver Dairy; and
· Suggest short-term improvements that could be implemented in the interim before the State project is constructed.
Mr. Caldwell highlighted the report:
The first list on page 2 was suggestions prioritized for traffic problems and solutions.
Page 3 a condensed list of 5 key improvements:
· Install sidewalks on both sides of Weaver Dairy Road
· Install a Pedestrian Crossing Light on Weaver Dairy Road at Arcadia Lane/Silver Creek Trail.
· Left-turn lane at Sedgefield Road
· Install a traffic light at Carol Woods entrance/Silo intersection,
· Installation of a traffic light at Sunrise and Weaver Dairy Roads.
Mr. Caldwell said the Committee’s first priority was pedestrian safety, and the second, to reduce the chances of vehicular accidents. The Committee requested the Council to elaborate the premises under which it should operate for consideration of long-term traffic issues.
Janis Dempsey, member of the Committee, said she did not think it was necessary to make drastic or expensive changes to Weaver Dairy Road. After quoting statistics of accidents on Weaver Dairy Road as compared to Airport and Erwin Roads, she suggested:
· Installing a left-turn lane on the westbound section of Sedgefield road,
· Pedestrian crossings at two locations in front of the Timberlyne Shopping Center,
· Return the funding for sidewalks,
· Restripe the road on the Chesley section to indicate that this is right-turn lane only.
Ms. Dempsey said she agreed with Derek Weaver of the DOT that a pedestrian crossing at Arcadia Lane and Silver Creek Trail would only give pedestrians a false sense of security.
Cathy Riley, member of the Committee, petitioned the Council to revote on the plan to widen Weaver Dairy Road and to ask the DOT to stop any further development plans for a four-lane with median road.
Michele Ware, member of the Citizen Action for Responsible Roads, said the group believed that there should be a two-lane road with a median with cuts for turning, and adequate space for bicycles and pedestrians. She urged the new Council to work with the DOT to find a solution that the whole Town could live with.
Mayor pro tem Evans asked if this would be referred to the staff. She said she was concerned that in the report, bicycle concerns were not addressed on page 2. Mr. Caldwell said certain topics about bicycle traffic had been discussed, and many members had thought that bike lanes should be considered, but one of the members, who belonged to a bike group, felt that gravel could be dangerous. He said that mention had been made to make the outer lanes wider for use of bikes and cars.
Mayor pro tem Evans asked if the Town owned any right-of-way along the two-lane section of Weaver Dairy Road between Erwin Road and the widened area, and how much of the right-of-way the Town had already reserved for the connection to Sage Road. She asked if the DOT allowed yellow flashing lights at intersections, and where buses would stop. Mayor pro tem Evans asked if there was an accident report on Airport Road before and after it was widened.
Council Member Wiggins thanked the Committee for its work.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT RESOLUTION 8.
Mayor pro tem Evans offered a friendly amendment to include the Planning Board. Mr. Horton said the staff always welcomed comment from advisory boards, and the concerns would be traffic engineering and safety matters.
Mayor Foy suggested including the Transportation Board and the Bicycle and Pedestrian Advisory Board in the Resolution.
Council Member Strom said the Council should take some clear action this evening, and sort out where the Council was on the issue. He wanted to have more discussion with the Council and the staff to determine whether or not the widening of the road should be done, before going to the DOT on the issues raised by the Committee.
Council Member Wiggins said she did not see the recommendations of the Committee as related to the widening of the road, but rather they addressed safety issues.
Mayor Foy said there was a resolution before the Council that requests that the Mayor contact NCDOT immediately to ask them to suspend all planning, including engineering planning for the widening of Weaver Dairy Road and the planning remain suspended until the Town of Chapel Hill reconsiders its earlier decision. He asked if the two resolutions were in conflict.
Council Member Wiggins said that if the road was not widened, the recommendations of the Committee were still ones that the Council would want to pursue. She said she felt that a long list should be sent to the DOT, to see which would be possible.
Council Member Kleinschmidt wondered if these would be folded into the DOT’s plans, stating he did not want that to happen before the Council made the decisions for widening.
Council Member Wiggins said these were separate issues—safety and widening.
Council Member Harrison said he had a conversation with Mr. Dunlop of the DOT about the report tonight, and he said there were a number of recommendations that the DOT could approve and work on without the widening project approval. He encouraged that the list be sent along to DOT, so it could react to them right away.
Council Member Verkerk said she felt that the issue was whether the Council wanted to see widening of roads. She would like to find out what the DOT wanted.
Council Member Harrison said he would like to also, but felt that it should be made clear that these recommendations would not be wrapped up with the widening project. He said these would be considered short-term.
Council Member Strom said the Council should not send the list to the DOT until the staff had time to evaluate the report and then have more conversation with the Council.
Council Member Wiggins said she had no problem with sending along the list to the DOT.
Council Member Harrison said some of the things on the list the DOT would consider short-term, and others they would not.
Mr. Caldwell said that all of the recommendations on page 2 have gone through the DOT, who said they were possible and legal. He said the list were things that could be done before widening took place. He said they were things that could be done within the next few years, and could be done separate from the widening.
Council Member Kleinschmidt asked if these things could be done with no change or through the widening approach, and if the Committee had asked the DOT if this was possible. Mr. Caldwell said this was not discussed, but the list was now one that the DOT felt was possible.
Council Member Ward said he felt it was wise to run these things through the staff and then get their comments, before sending the list to the DOT.
Council Member Wiggins asked Mr. Horton to what extent he would have to be in contact with DOT regarding funding. Mr. Horton said a good and thorough report would need the input of the DOT.
THE RESOLUTION, WITH THE DELETION REFERRAL TO THE DOT, AND THE ADDITION REFERRAL TO THE PLANNING BOARD, TRANSPORTATION BOARD, AND THE BICYCLE AND PEDESTRIAN ADVISORY BOARD, WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION RECEIVING THE REPORT FROM THE CITIZENS COMMITTEE TO STUDY TRAFFIC SAFETY ISSUES ON WEAVER DAIRY ROAD AND REFERRING THE REPORT TO THE TOWN MANAGER FOR EVALUATION AND COMMENT ON THE COMMITTEE RECOMMENDATIONS (2002-01-28/R-8a)
WHEREAS, the Committee has submitted a report identifying several short-term traffic problems and possible solutions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the Committee report and refers it to the Manager for evaluation and for development of funding and scheduling options for the Council’s consideration, and to the Planning Board, Transportation Board, and Bicycle and Pedestrian Advisory Board.
This the 28th day of January, 2002.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION 8b, THAT THE DOT SUSPEND PLANNING FOR THE WIDENING OF WEAVER DAIRY ROAD AND THAT THE PLANNING REMAIN SUSPENDED UNTIL SUCH TIME AS THE CHAPEL HILL TOWN COUNCIL RECONSIDERS AND COMMUNICATES THE RESULTS OF ITS DECISION TO THE NCDOT.
Mayor pro tem Evans said she had problems with this Resolution, because none of the citizens knew what it was, and none of the citizens had been notified that this Resolution would be before the Council this evening. She said to pass a resolution without notification to the citizenry was counter to the way the Council usually proceeded. Mayor pro tem Evans said she was concerned that passing a resolution that suspended planning by the DOT would have a long-lasting effect, such as road improvements in the Town of Chapel Hill being moved to the end of the priority list. She suggested that the staff should ask these questions before the Council passed this resolution, so that the Town was not cut off from all DOT funding.
Mayor Foy said the Resolution was to include citizens.
Council Member Verkerk said she found it hard to believe that the NCDOT would hold the Town hostage and refuse the Town money, just because the Council needed to rethink the project.
COUNCIL MEMBER WIGGINS MOVED TO AMEND THE RESOLUTION TO INCLUDE: “THE COUNCIL RESPECTFULLY ASKS THAT ANY FUNDS ALLOCATED FOR THIS PROJECT BY DOT REMAIN COMMITTED TO CHAPEL HILL UNTIL THIS ISSUE IS STUDIED AND SETTLED.” THIS FRIENDLY AMENDMENT WAS ACCEPTED BY THE MOVER AND SECONDER.
COUNCIL MEMBER WARD OFFERED A FRIENDLY AMENDMENT TO #2 THAT A TIME-FRAME SHOULD BE INCLUDED: “THAT REPRESENTATIVES OF THE CHAPEL HILL TOWN COUNCIL ARRANGE A MEETING WITH NCDOT ABOUT ALL POSSIBLE ROAD CONFIGURATIONS AS SOON AS POSSIBLE.” COUNCIL MEMBER VERKERK REFUSED THE FRIENDLY AMENDMENT.
Council Member Strom said he supported the Resolution, which would make it a safety improvement, with pedestrian issues a top priority. He asked if the Council would be willing to walk away from DOT money, and stay in control of their decisions.
Council Member Harrison said the friendly amendment added by Council Member Wiggins should send a clear message that the Town wanted to work with DOT. He added that Council Member Ward’s friendly amendment should be kept in mind.
Council Member Wiggins said she did not believe the safety conditions were a “smoke screen” and there was a real safety issue. She said she was willing to reconsider the resolution already passed, if safety issues were a major issue. Council Member Wiggins said widening was never a part of the issue.
Council Member Verkerk said that the original issue was widening, and only later on did safety become an issue. She said she wanted to see the Council revisit the safety issue.
Council Member Kleinschmidt said that much of the opposition to road widening in Town was born from a desire of citizens to keep their neighborhoods safe. He said the issue of widening roads is a safety issue.
Council Member Wiggins said she agreed, and that Weaver Dairy Road was not a neighborhood, but was a major artery through Chapel Hill.
Council Member Strom called the question.
Mayor pro tem Evans said that one issue that had not been emphasized enough was a need for the connecting part on Sage Road. She said this was a very important element which the Town could never afford, and should be emphasized when talking with DOT. She added that not all four-lane roads are 60 mph in the Town.
THE MOTION AS AMENDED WAS ADOPTED BY A VOTE OF 6-2, WITH MAYOR FOY, COUNCIL MEMBERS HARRISON, KLEINSCHMIDT, STROM, VERKERK AND WARD VOTING AYE, AND MAYOR PRO TEM EVANS AND COUNCIL MEMBER WIGGINS VOTING NAY.
A RESOLUTION ASKING THE MAYOR TO COMMUNICATE WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ON BEHALF OF THE CHAPEL HILL TOWN COUNCIL REGARDING THE WIDENING OF WEAVER DAIRY ROAD (2002-01-28/R-8b)
WHEREAS, the Chapel Hill Town Council agreed in 2001 to a North Carolina Department of Transportation (NCDOT) plan to widen Weaver Dairy Road to a four-lane road with median and
WHEREAS, the Chapel Hill Town Council now wishes to reconsider the matter of the configuration of Weaver Dairy Road; and
WHEREAS, reconsideration may require the need for collection of further information and citizen involvement; and
WHEREAS, the NCDOT is currently planning for the widening previously agreed to by the Council, but the Council wishes to defer the planning until such time as it has had sufficient time to reconsider the matter;
NOW THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests that the Mayor communicate with the NCDOT on behalf of the town and request the following:
1. That the NCDOT immediately suspend all planning, including engineering planning, for the widening of Weaver Dairy Road; and
2. Ask that any funds allocated by NCDOT not be allocated away from Chapel Hill until the Town communicates the result of its reconsideration of this issue; and
3. That the planning remain suspended until such time as the Chapel Hill Town Council reconsiders its earlier decision, and formally communicates the results of its reconsideration to the NCDOT.
This the 28th day of January, 2002.
Item 9 –Discussion of Development Ordinance Process and
Background Information on Moratorium
Planning Director Roger Waldon reviewed the overview of the three related agenda items:
1. Report on Development Ordinance Revisions, beginning in January 2001, followed by a public hearing, and how to proceed with the 2nd Draft. The decision was to hold several workshops, before prepared for Council consideration..
2. Work session on Northeast Area of Chapel Hill in response to issues raised about development in the Northeast Area.
3. What was being discussed about the Northeast Area needed attention Town-wide, with the new regulations and the new Development Ordinance.
Mr. Waldon continued explained Items 9—a, b, and c.
· Agenda 9A comes back to the Council with some procedural suggestions about how meetings for community discussion might be scheduled for discussion of the 2nd Draft of the Development Ordinance.
· Agenda 9B comes from the Attorney, Mr. Karpinos, information given previous Councils about moratoria in general, how they worked, and an article by David Owens, UNC Institute of Government.
· Agenda 9C is a synthesis of all the materials being brought back this evening to the Council. There are memoranda attached with answers to several questions asked by the Council.
Mr. Waldon said the staff concurred that the Development Ordinance needed more community discussion and submitted 2 proposals on how to structure community workshops on the Development Ordinance:
1. One would call for a series of work sessions prior to each of the regular Council meetings over the next three months—Resolution 9.
2. Resolution 10a would call for three full evenings of Council discussion.
Mr. Waldon said that the main suggestion being brought to the Council tonight was that the Council take time to talk about the Development Ordinance regulations and make that the highest priority over the next six months, which might mean pushing back hearings on development applications occurring during that period. He said the summary recommendation was 10a. He said there were some options available under this Resolution:
· Resolution 10 does not have in it the call for 2 community forums and a community workshop on development in residential areas. This could be added into Resolution 10 from Resolution 9b.
· What to do with the public hearings, which have already been scheduled with some development applications.
Mr. Waldon said that a list was provided in the memorandum of the projects which were in the pipeline and what stage they were at. He said there were no suggestions for those developments already scheduled for public hearings and were in the process. Mr. Waldon said the staff was not suggesting that the Council not continue with these hearings. He said the second category were projects that had finished their review up to and including Planning Board recommendations and were ready for public hearing. Mr. Waldon said there were projects still under review with the Planning Board, and the balance of the applications were still with the staff and not before the Planning Board.
Mayor Foy said the Manager was recommending adoption of Resolution 10a, that the Council prioritize the revision of its Development Ordinance as its top priority, and asked the Council how it wanted to proceed.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT RESOLUTION 10a WITH THE INCLUSION OF THE WORKSHOPS RECOMMENDED IN RESOLUTION 9a.
COUNCIL MEMBER WARD OFFERED A FRIENDLY AMENDMENT TO INCLUDE 3 CITIZEN FORUMS AND 2 WORKSHOPS, RATHER THAN 2 AND 1, AS SUGGESTED. THIS WAS ACCEPTED BY THE MOVER AND THE SECONDER.
Mayor pro tem Evans asked if the staff could do this additional task. Mr. Horton said that was acceptable because the information the staff would be discussing at the workshops would be quite similar to that which it would be presenting to the Council.
Council Member Strom asked Mr. Horton if he would be able to discuss the citizen comments when he came back to the Council. Mr. Horton said that a particular audience was not usually scheduled for the workshops, but if the Council wished it, the staff could do so.
Council Member Strom said he hoped that the staff would take the petition into consideration when the workshops were scheduled. Mr. Horton said the staff would try to do that when it responded to the petition.
Council Member Ward said the petition was a particular set of issues and he encouraged that it be a focus at one of the workshops or forums. Mr. Horton said the staff could focus on environmental issues, but he hoped that the Council’s tradition of having the meetings open would be continued.
Council Member Verkerk asked if Mr. Horton had an idea of what kind of test cases he would use, or would that be left up to the staff. Mr. Horton said the staff could do both of the suggested examples at the workshops.
Mayor Foy said that the moratorium issue would not be discussed this evening, but any citizen who wished to speak on the issue of Resolution 10a would be welcome to speak.
Jack Smyre, planner and designer of Cross Creek, said that the Cross Creek development had worked its way through the regulatory process, which began in October 2000, and in three weeks had a meeting with the Council. He said the project had the support of the advisory boards, and he asked that the Council take into consideration dealing with the developer in a timely manner, so the decision would not have to wait for several more months, with the adoption of Resolution 10a.
Aaron. Nelson, Executive Director of the Chapel Hill-Carrboro Chamber of Commerce, said there seemed to be a whole new issue before the Council and that Resolution 10a had some consequences which he would have brought before the Council had he known that it was to be discussed. He said that the Council had achieved a moratorium without adopting it.
Mr. Nelson said there were some critical projects that were coming before the Council, and he hoped that Resolution 10a would be adjusted to allow some flexibility for the Council to take up projects for which a new ordinance would not have substantial impact or that were already along a substantial way into the process.
Mayor Foy said that a lot of things would still go forward, and that 10a was not a moratorium.
Phil Post said he was representing several projects, which had to wait during a hiatus last summer, and he said that the Council, by taking up all the public hearing slots with its own business, was slowing down projects that needed to come before it. He urged strongly that the Council allow routine business to come before it in the public hearing slots, especially those projects given expedited review by the Council.
Linda Convissor, University representative, wondered how it would impact the University projects already in the process. She asked the Council to consider that the projects in the process be allowed to proceed, along with its desire to continue working on the Development Ordinance.
Scott Kovens, small builder and developer, said if the process was pushed back it would increase the costs and make it difficult to build a moderately priced home in Town.
Kristina Finegan, property manager at University Mall and Rams Plaza, representing the tenants at both, said there was a strong concern from the tenants about the Council tying up all meetings with no public hearings. She said the company was trying to remedy the eyesore that was Rams Plaza, and to delay this renovation any further would cause further delay in negotiations with new tenants as well as the current tenants. She urged the Council to consider what it was doing and the devastation it would have on the local merchants.
Mark Civiok, resident and realtor in Chapel Hill, said that any slow-down in the developing of houses would only increase the prices of homes dramatically.
Mayor Foy asked Mr. Horton if there was room for review of projects with expediting process status. Mr. Horton said there was and there would be room on the February 18 hearing for both items originally scheduled.
Mayor Foy asked will the items which had already gone through the hearing process be coming back for action by the Council at a later date. Mr. Horton said they would go through the normal process. Mr. Horton said the staff would expect that the Cross Creek and the Meadowmont/Hilltop condominiums would be ready in the normal course of events. He said that those projects scheduled for expedited treatment, such as fraternities and sororities, would come back to the Council in June, as well as the expedited process for Rams Plaza.
Mayor pro tem Evans asked if there was any way for the staff to keep the project applications going through the process as well as the scheduled meetings for the Development Ordinance. Mr. Horton said he did not believe so, and there was no way that the staff could do this in the manner which the Council expected.
Mayor pro tem Evans asked if those who were planning a project could have the option to come to the Council with a request for an expedited review. Mr. Horton said they could, and any other options would be what the Council wanted the staff to do. He reviewed the scheduled public hearings to clarify what would be included according to the already- scheduled hearings.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION SCHEDULING WORK ITEMS FOR TOWN COUNCIL CONSIDERATION (2002-01-28/R-10a)
WHEREAS, the Town Council has initiated a revision of Chapel Hill’s Development Ordinance; and
WHEREAS, a draft Ordinance was prepared for review in spring, 2001, and a 2nd Draft has been prepared and is currently under review; and
WHEREAS, the Council has determined that careful review of the current draft, by the Council and the community, is necessary in order to fully understand and evaluate the proposed changes to development regulations; and
WHEREAS, the Council considers it to be a high priority to give attention to revising the Development Ordinance, in order to assure that regulations reflect community values as articulated in the recently adopted Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes the following calendar for review of the 2nd Draft Development Ordinance and other changes to regulations that are currently pending before the Council:
|
Date of Hearing
|
Item for Review |
|
February 18, 2002
|
Schools Adequate Public Facilities Ordinance Small House Ordinance Morgan Creek Neighborhood Designation |
|
March 18, 2002 |
Development Ordinance Work Session |
|
April 15, 2002 |
Development Ordinance Work Session |
|
May 20, 2002 |
Development Ordinance Work Session |
|
June 17, 2002 |
Sign Ordinance Changes Review of Projects with Expedited Processing Status |
|
September 18, 2002 |
Development Ordinance 3rd Draft |
BE IT FURTHER RESOLVED that the Council directs the Town Manager to arrange for the following series of meetings:
· A series of 7 Council Work Sessions, each 90 minutes in length, each scheduled at 5:30 pm on the date of a regularly-scheduled 7 pm Council meeting. Each of the first six sessions would have the format of a 45-minute presentation on a section of the second draft, followed by a 45-minute discussion period. The final Work Session would be a wrap-up.
· Three citizen forums, each two hours in length, 7-9 pm, to present and discuss the same information that will be presented to the Town Council. The first forum will be scheduled after the first three Council Work Sessions, the second citizen forum after the next three work sessions.
· Two workshops to focus on infill development and redevelopment and residential areas. The session would be scheduled from 9 am-12 pm on a Saturday morning.
This the 28th day of January, 2002.
Item 10 – Recommendations for the Revolving Acquisition Fund
Senior Long Range Planning Coordinator Chris Berndt reviewed the recommendations for establishing a Revolving Acquisition Fund, which came out of the recommendations of the Comprehensive Plan. She said as the staff looked at the First Option Fund, the idea evolved into the Revolving Acquisition Fund, to stress the purpose of the Fund, which is to buy houses as they come on the market. Ms. Berndt said the staff and the Housing and Community Advisory Board had looked at this strategy and recommended the proposal. She said the main goal of the program was to preserve owner-occupied housing for affordable housing purposes, and the impetus came from the Comprehensive Plan to protect and preserve neighborhoods in the Town. Ms. Berndt said the Resolution recommended:
· Establish the Fund using the Town’s Housing Loan Trust Fund to enable non-profit organizations to use the Fund.
· The Fund would lend dollars to organizations for a time up to 180 days and would be repaid to the Town for future sales.
· The target group for the program would be to households earning less than 80% of the median income by household size.
· These properties be placed in the Land Trust.
· Capitalize the Fund with $150,000 from the Town’s Trust Fund.
· The Council could choose to direct developer contributions for affordable housing to this Fund.
· Give the Manager the authority to approve specific projects.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 13.
COUNCIL MEMBER WARD OFFERED A FRIENDLY AMENDMENT TO REVISE #2 TO READ, “TO PROVIDE FUNDS TO NON-PROFIT ORGANIZATIONS TO PURCHASE PROPERTIES WITHIN THE CHAPEL HILL CITY LIMITS, ESPECIALLY…” THIS AMENDMENT WAS ACCEPTED BY THE MOVER AND SECONDER.
Council Member Strom asked Ms. Berndt if rentals were deliberately not mentioned in the Resolution. Ms. Berndt said the staff was addressing the specifics mentioned in the Comprehensive Plan, to preserve the existing houses in the neighborhoods to encourage home-ownership rather than rentals. Mr. Horton added that the funds were limited for acquisition of homes, but there were other opportunities which could be used for affordable renting.
Council Member Strom said the policy should be proactive in all the areas for affordable housing.
Council Member Wiggins said she would support having the option all over the Town, and asked for a report on where the money was being used. Mr. Horton said there would probably be proposals more in the Sykes and Pine Knolls areas before other areas, and he will make a follow-up report.
THE MOTION WAS ADOPTED AS AMENDED UNANIMOUSLY (8-0).
WHEREAS, the Comprehensive Plan adopted by the Council on May 8, 2000 recommends that the Town establish a “First Option Fund” as a strategy to address the effects on neighborhoods of the conversion of owner-occupied residences to rental properties; and
WHEREAS, the Town Council desires to establish a Revolving Acquisition Loan Fund to preserve owner-occupied housing in Chapel Hill for affordable housing purposes;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill adopts the following guidelines for a Revolving Acquisition Loan Fund:
The Revolving Acquisition Fund may be used to make loans to non-profit organizations to be used to purchase existing properties. Funds may be used in the following manner:
(1) To exercise the Town’s right of first refusal on existing properties;
(2) To provide funds to non-profit organizations to purchase properties within the Chapel Hill city limits, especially in the Northside and Pine Knolls neighborhoods and in situations where the Town has a right of first refusal. Funds may be used for acquisition costs, first options, or earnest money. Funds used for first options shall be structured as a loan to the non-profit agency and must be repaid to the Town upon sale of the property to a qualified buyer. If the non-profit agency does not purchase the property, the funds must be repaid to the Town by the non-profit agency.
Properties must be sold to households earning less than 80% of the median income by household size as determined by the U. S. Department of Housing and Urban Development.
Funds shall be used to provide interest-free financing to qualified non-profit organizations. Funds shall be repaid to the Town upon sale of the property to a qualified homebuyer within 180 days of purchase.
Organizations using the Revolving Loan Fund shall execute a Promissory Note and Deed of Trust to the Town for the amount of the loan. Organizations shall also execute a Performance Agreement with the Town for the use of funds. Upon sale of the property to a buyer, the Town’s funds shall be repaid and the Promissory Note and Deed of Trust will be cancelled.
Upon sale of the property to a qualified buyer, Buyers would be required to execute documents that would: (1) require that the property be used as the buyers primary residence; and (2) provide a right of first refusal to the Town or a designated non-profit agency.
Land Trust
The Council requires users of the Revolving Acquisition Fund to place properties purchased with these funds in the Land Trust.
Funding
An initial allocation of $150,000 from the Housing Loan Trust Fund will be used to capitalize the Revolving Acquisition Fund. The Council could choose to direct developer contributions for affordable housing to this Fund.
Program income from the sale of homes acquired shall be returned to the Revolving Acquisition Fund to finance future acquisitions.
BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to approve specific requests for use of this Fund in accordance with Revolving Acquisition Fund guidelines.
This the 28th day of January, 2002.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 (2002-01-28/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2001” as duly adopted on June 25, 2001, be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
HOUSING LOAN
TRUST FUND
Transfer to Revolving
Acquisition Fund 0 150,000 150,000
REVOLVING
ACQUISITION FUND
Reserve for Acquisitions 0 150,000 150,000
HOUSING LOAN
TRUST FUND
Fund Balance 276,069 150,000 426,069
REVOLVING
ACQUISITION FUND
From Housing Loan
Trust Fund 0 150,000 150,000
This the 28th day of January , 2002.
Item 11 – Response to the Orange County Draft Policy Statement on
Use of County Funds for Joint Parks and Open Space Projects
Mr. Horton said the staff thought the many issues which might concern the Council should be catalogued, as a document that reflected some guidance to the key issues that the Council members who had been working on the issues might consider. He said this did not include all of the issues the Council might be concerned about, but it would be a beginning point, and have some value.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT RESOLUTION 12.
Mayor Foy asked that Council Member Bateman replace him as the member working with the Intergovernmental Parks Work Group, and he would be the alternate.
COUNCIL MEMBER STROM MOVED TO AMEND THE RESOLUTION WITH THE SUBSTITUTION OF COUNCIL MEMBER BATEMAN AS A MEMBER OF THE GROUP TO REPLACE MAYOR FOY.
Council Member Strom, member of the work group, said the report was a good start and there would be more discussion, but this was a good clarification of what the Town’s position was.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING COUNCIL MEMBERS BATEMAN AND STROM TO WORK WITH THE INTERGOVERNMENTAL PARKS WORK GROUP TO DEVELOP A MUTUALLY ACCEPTABLE POLICY THAT WOULD INCLUDE APPROPRIATE COUNTY INPUT AND OVERSIGHT FOR ANY PROJECT USING COUNTY FUNDS (2002-01-28/R-12)
WHEREAS, the Town of Chapel Hill Council recognizes the importance of inter-jurisdictional coordination and its importance to the provision of recreation and park services and facilities within Orange County; and
WHEREAS, this the recently approved bond referendum includes County funding for several projects designated in the Town of Chapel Hill; and
WHEREAS, the Council wishes to meet the community’s leisure demands in an expedient fashion; and
WHEREAS, the Greenways and Parks and Recreation Commissions have reviewed the County draft policy statement on use of County funds for joint parks and open space projects and provided comment to the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes Council Member Bateman and Council Member Strom to continue to work with the Intergovernmental Parks Work Group to develop a mutually acceptable policy for consideration by both the County Commissioners and the Town Council.
BE IT FURTHER RESOLVED that the Council recommends consideration of the following changes to the draft policy:
This the 28th day of January, 2002.
Item 12 – Appointments
12a. Human Services Advisory Board. Julie Pace was appointed to the Human Services Advisory Board by a vote of 8-0.
|
Human Services Advisory Board Council Members |
|||||||||||
Applicants |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
|
|
Julie Pace |
X |
|
X |
X |
X |
X |
X |
X |
X |
8* |
|
|
Gary Wallach |
|
|
|
|
|
|
|
|
|
1 |
|
12b. Planning Board. Sallly Greene was appointed to the Planning Board by a vote of 8-0.
|
Planning Board Council Members |
|||||||||||
Applicants |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
|
|
Terry Blalock |
|
|
|
|
|
|
|
|
|
0 |
|
|
Timothy Dem,psey |
|
|
|
|
|
|
|
|
|
0 |
|
|
Norman Fitzgerals |
|
|
|
|
|
|
|
|
|
0 |
|
|
Thatcher Freund |
|
|
|
|
|
|
|
|
|
0 |
|
|
Sally Greene |
X |
|
X |
X |
X |
X |
X |
X |
X |
8* |
|
|
Nancy Milio |
|
|
|
|
|
|
|
|
|
0 |
|
|
Donald Shaw |
|
|
|
|
|
|
|
|
|
0 |
|
|
Brian Smith |
|
|
|
|
|
|
|
|
|
0 |
|
12c. Intergovernmental Parks Work Group. Council Member Flicka Bateman will replace Mayor Foy on this Work Group, and Mayor Foy will move into the Alternate position.
12.d Transportation Memorandum of Understanding Committee.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT RESOLUTION 13, APPOINTING MAYOR PRO TEM EVANS AND COUNCIL MEMBER WIGGINS TO THE TRANSPORTATION MEMORANDUM OF UNDERSTANDING COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION APPOINTING TWO COUNCIL MEMBERS TO THE COMMITTEE TO REVIEW THE MEMORANDUM OF UNDERSTANDING FOR PUBLIC TRANSPORTATION SERVICES (2002-01-28/R-13)
WHEREAS, on January 14, the Council established a Committee to review the Memorandum of Understanding for Public Transportation Services; and
WHEREAS, the Committee will consist of two representatives each from the Chapel Hill Town Council, the Carrboro Board of Aldermen, and the University of North Carolina at Chapel Hill; and
WHEREAS, the Committee will provide oversight of negotiations that will result in a new Memorandum of Understanding; and
WHEREAS, staff from Chapel Hill, Carrboro, and the University will negotiate the details of the agreement, while the Committee will provide policy guidelines for the negotiations;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby designates Council Member Edith Wiggins and Mayor pro tem Pat Evans to serve as the Council’s representatives on the Committee to Review the Memorandum of Understanding (MOU) for Public Transportation Services.
This the 28th day of January, 2002.
Item 13 – Petitions
13a(1). Mayor Foy, regarding cablecasting Budget Work Sessions.
Mayor Foy proposed that the Town Council televise its budget work sessions this year, and that the televised meetings be broadcast on the air at an hour in the evening when most interested people would be able to watch them, rather than at the actual time of the session. He said it was important that citizens have an opportunity to follow the budget process, especially in this very difficult budget year.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE COUNCIL VIDEOTAPE ITS BUDGET WORK SESSIONS AND SEE THAT THEY ARE AIRED IN A MANNER SIMILAR TO THE COUNCIL SESSIONS.
Mr. Horton said the meetings could be cablecast live, and have a tape-delayed broadcast at a subsequent time. He said he would have to bring before the Council an ordinance to transfer a small amount of money from the contingency fund to pay the technicians.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Wiggins asked Mr. Horton how soon he could have a revised Council schedule with times. Mr. Horton said he could have a schedule of what the Council had requested this evening out tomorrow, and the Wednesday before their next meeting, a revised budget work sessions proposals and a time change.
5-Information Items Pulled
Item 5a. North Carolina Division of Land Quality Sedimentation and Erosion Control Resources.
Council Member Strom said the report surprised him in the lack of inspectors currently operating in this area. He said, in the light of the building taking place on the University campus, more attention should be given to inspection of sedimentation and erosion, and suggested that this be added to the agenda of the Legislative breakfast. Mr. Horton pointed out that there have been items that might not require legislation, but could require funding. He said if it did turn out to be a fiscal issue that might require additional funds, perhaps the University might help fund the additional hours which might be needed.
Item 5c. Report on Advisory Board Appointment Process.
Council Member Strom asked if there was a way to know how other municipalities proceeded in the appointment process and asked for some data on the issue
Council Member Harrison said it was worth a try but the answer was that the elected boards did the appointing.
Mayor pro tem Evans suggested discussing the issue after the work on the Development Ordinance was completed. She felt that the staff had a lot of work on its plate now.
Council Member Strom said he would bring a petition on this issue to the next Council meeting so it could be addressed.
The meeting adjourned at 9:37 p.m.