SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, MAY 29, 2002, AT 7:00 P. M.

 

 

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

 

Council members present were Flicka Bateman, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Pat Evans, Jim Ward, and Edith Wiggins.

 

Staff members present were Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Engineering Director George Small, Police Major Tony Oakley, Parks and Recreation Director Kathryn Spatz, Transportation Director Mary Lou Kuschatka, Traffic Engineer Kumar Neppalli, Transportation Planner David Bonk, Police Chief Gregg Jarvies, Planning Director Roger Waldon, and Town Clerk Joyce Smith.

 

Item 1 - Ceremonies:  Presentation of Governor's Crime Commission Award

to Chapel Hill/Carrboro Chamber of Commerce

 

Chapel Hill resident Don Hargrove, Assistant Secretary of the N.C. Department of Juvenile Justice and a member of the Governor's Crime Commission, presented a Governor's Crime Prevention award to the Chapel Hill/Carrboro Chamber of Commerce.  Mr. Hargrove explained that the award was being given for innovative crime prevention programming generated out of the Chapel Hill Police Department, and specifically for Officer Christopher Blue's effort to network with the business community through electronic means and seminars.   Mr. Hargrove stated that the Commission recognized this as an outstanding crime prevention program.

 

Aaron Nelson, Executive Director of the Chapel Hill/Carrboro Chamber of Commerce, thanked the Police Department's Community Service Unit (Chris Blue, Art Englebart and Charlie Bardeau), and the more than 1,000 businesses that participate in the Business Alert Network.  He asked members of the Chamber Board of Directors to stand and accept the award with him.  They were Pat and Charlie Nelson, Joel Shires, Bonny Welborn, Jonathan Howes, Bob Ward, Vice Chair Chandler Burns, and Steve Manton.  Mr. Nelson praised the Town Manager and the Police Department for the services that they provide to the community.   

 

Item 2 - Public Forum on South Columbia Street Improvement Project

 

Engineering Director George Small reviewed the history and status of the project.  Mr. Small explained that tonight's meeting was in response to a request from the University to further study a segment of South Columbia Street.  He stated that the street segment had been an approved project with NCNCDOT for two travel lanes, bike lanes on each side, and a sidewalk on the east side.  Mr. Small explained that the staff was providing material on the history and status of the project, and that the current schedule had been placed on hold until a decision on whether or not to proceed is made.  

 

Mayor Foy reminded all present that the meeting was not likely to result in a decision by the Council tonight.  He said that comments would be referred to the staff for further consideration before the Council would take any action.

 

·        Comments by Citizens

 

Mary Beck, Senior Vice President for Planning and Program Development at UNC Hospitals, said that on March 1, 2002, the University of North Carolina at Chapel Hill and the UNC Healthcare System had requested that the Town join them in a study of the possible widening of South Columbia Street by the NCNCDOT.  Ms. Beck said a meeting was held on March 20, 2002, with neighbors who have a direct interest in the request.  A summary of that meeting had been provided to the Council, she said. 

 

Ms. Beck stated that University officials understand the concerns expressed by the neighbors, but also recognize increasing congestion on that roadway and believe that it will continue to get worse.  The time is right to study this area again, she said, and to address the feasibility of correcting what the University considers to be an inadequate and critical access point to the University, UNC Hospitals and the Town.    Ms. Beck predicted that the poor conditions on the road would worsen with the widening of US 15-501 to the south and the anticipated growth in Chatham County.

 

Murray W. Holland, who owns property in the area, commented that the road would be crowded at certain times of the day regardless of what changes were made to it.  He argued against creating a wider boulevard, where people would get to the downtown faster but would not see any beauty along the way.  Mr. Holland agreed that the road should be beautified and that perhaps a third lane should be added, but he emphasized his opposition to a thoroughfare coming through an area where he has lived since 1952.

 

Burwell Ware, a member of Citizens Action for Responsible Roads, described the road as a landmark in Town and asked the Council to carefully look at the University's contention that the suggested improvements would add only minimal capacity.  He stated that it had been demonstrated that the addition of turning lanes at critical intersections vastly improves a road's carrying capacity.  Mr. Ware argued that the improvements for South Columbia that had been adopted by all parties in 1998 created a better design than a four-lane boulevard.  The original design would move traffic more smoothly and constrain speed, he said, because there would be no dangerous passing lanes.  Mr. Ware noted the number of pedestrians and cyclists on the road and pointed out that pedestrians hit by cars traveling at 30 mph have only a 50% likelihood of survival.  Noting the hills and blind curves on South Columbia Street, he described it as an inappropriate place to put a four-lane design.

 

Aris Buinevicius read a letter from a UNC employee who wished to remain anonymous.  The letter stated that the University's plans had been tied to a mass transit-based philosophy until its new administration became more aggressive and asked the Town to join UNC on a fishing expedition to the NCNCDOT to find data to justify their opinion that South Columbia must be widened.  The letter stated that achieving the vision outlined in a March 1, 2002 letter from Chancellor Moeser to Mayor Foy would mean condemning homes on the east side of South Columbia Street as well as the Merrit Store, all at the public's expense.  The author asked the Town Council to help stabilize the neighborhood by adhering to the 1998 plan.

 

Westwood resident Dave Billing discussed the northernmost section of the project, where Old Pittsboro Road and Valentine Lane exit South Columbia in an "inverted K fashion."  He described this as a dangerous configuration that would only get worse if the road were expanded.  Mr. Billing suggested moving the roadway to the east, which he said would make the area safer and provide a buffer between the University and the residential area in the northern part of the project.

 

Westwood resident Claire Horne remarked that this is something that the University wants but not something that it needs in order to compete and thrive.  But, whether or not to add more asphalt is a critical factor in the future viability of the Westwood and Mason Farm neighborhoods, she said, adding that the neighborhood already was feeling the full force of UNC's expansion.  Ms. Horne asked the Town Council to hold the line on this issue and not yield to the University's request.   She stressed that UNC's long-term viability did not depend on having a four-lane road on the short segment from the bypass to Manning Drive.  Ms. Horne stated that such a road would bring danger, division, and environmental degradation to the neighborhoods bordering south campus and to the Town.  

 

Aaron Nelson, speaking on behalf of the Chamber of Commerce's Board and membership, asked the Town Council to join in partnership with the University and request a study of South Columbia Street.  He noted the need to connect communities south of Highway 54 to the economic centers of Chapel Hill, including the University, the Hospital, and the downtown area.  Mr. Nelson stated that needs had changed since the University and Town jointly proposed a solution for that road in 1998.  He added that the 18,500 daily cars are projected to be 25,000 by 2025.  This will put the road at level of service F for Chapel Hill's only southern entrance point, he said.  Mr. Nelson requested that the new study also look at putting sidewalks on both sides of the street.  He said that the Chamber had no present position on appropriate road width or whether creative solutions, such as reversible lanes and bus pull-offs, could be found without widening.  But they do believe, he said, that the road deserves study and that there would be community benefit to the Town and University in partnering to request that.     

 

David Hubacher, who lives south of the UNC campus, expressed support for the current plan, adding that he would not endorse any plan that would threaten the trees in the area.  He urged Council members to consider the tees that would have to be removed to accommodate four lanes.    

 

Elaine Barney, a 22-year resident of Westwood Drive, spoke in opposition to revisiting the issue of widening South Columbia Street.  She described UNC's information as "recycled material" that everyone has heard before.  Ms. Barney read a recent letter to the editor of a local newspaper referring to a column in the Chapel Hill News dated April 11, 2001.  The author described the current situation as a déjà vu, since Chancellor Moeser had attempted to reopen this issue in 2001 as well. 

 

Norman Miller, represented the Orange/Chatham Sierra Club, opposed the University's proposal and requested that the Town Council urge the NCNCDOT to move expeditiously toward the implementation of the 1998 agreed-upon improvement program.  Mr. Miller noted that the only change is the widening of 15-501 toward Pittsboro, which had been planned for at least 12 years.  To claim that Chancellor Hooker was unaware of this plan is disingenuous and a disservice to his memory, he said.  Mr. Miller stated that the Sierra Club agreed with the University transportation planners who had studied the transportation needs of the expanded campus and did not see a need for a four lane South Columbia Street.  He urged the Town Council to reject the request to initiate a new study and to ask the University to move forward on the current plan as a gesture of good faith.  Mr. Miller also asked the Town to work aggressively with UNC to make its alternative strategies successful.     

 

Martin Feinstein stated that nobody really understands what 18,000 cars per day means.  He said that he had recently timed the drive from Culbreth Road to Mason Farm Road in the morning and that it takes only two minutes (four minutes at rush hour) to go a half a mile each way.  In the evening, he said, it takes from three to four minutes.     

 

Anne W. Murphy, a South Columbia Street resident for 30 years, described reopening this issue as a political ploy by the University.  She held up a folder, which she said was her file documenting the history of the road-widening debate since 1988.  Ms. Murphy asserted that South Columbia Street was virtually free of traffic most of the day, with the exception of occasional ambulances.  Even though there are times when traffic is heavier, she said, she has had no trouble getting through it and to her home at rush hour.

 

Westood Drive resident Mark Shreve asked the Town Council to reject Chancellor Moeser's request to reopen discussion.  He urged the Town to move forward with the roadway improvements that were approved in 1998 by the Town and UNC.  Mr. Shreve described UNC's request as an attempt to renege on commitments made by its most senior administrators. 

 

Southern Village resident Joe Lowman stated that he walks and rides his bike to campus everyday.  He asked Council members to look at the pedestrian and bicycle safety issues, noting that this is an extremely dangerous stretch of road.  Mr. Lowman said that backed-up traffic actually makes him feel safer because it moves more slowly.  If the Town really is serious about people getting out of their cars then there has to be a safe alternative to driving, he said. 

 

Diana Steele commented that Columbia Street is lethal as it is today.  There is no place to walk and no place to bike, she said, adding that it is crucial to let the plan go ahead rather than waiting for a 15-year study on how to make it better.

 

Ken Holland said that he had lived in the neighborhood all his life and did not want the area to change.  He explained that he had driven up and down South Columbia Street everyday for many years and had not had any problems.  Mr. Holland pointed out that there will be more than 40 children on the east side of South Columbia and that widening the road will bring traffic closer to them.  Widening the road also would destroy historic landmarks, he said, and in the end will only enable the University to take over more property.  

 

 

 

·        Discussion by the Mayor and Council Members

 

Council Member Ward remarked that he had voted to reopen the discussion in order to hear what information the University had.  While listening to tonight's comments, he said, he had become more and more disappointed that the University had done this in the first place.  Council Member Ward added that the tone of the Chancellor's letter had done the University a disservice, since this type of communication is not productive when this kind of action is framed as cooperation.  He expressed hope that the Chancellor would withdraw his request.  If not, he said, then the only way the Council could discuss this would be to also discuss the University's desire to add an entrance on Mason Farm Road.  Council Member Ward said this had been described as the solution that would not require South Columbia to be changed in order for the University to have the access that they need. 

 

Council Member Strom said that he had voted not to reopen this issue because the original agreement had been clear and firm.  He added that he did not feel there was any information that compelled the Council to continue talking about this.  Council Member Strom noted that he had been on the committee that had worked with the University to come up with an innovative and creative solution to its growth needs.  He explained that the committee had repeatedly asked for the Mason Farm Road widening to be taken off the table and that their request had been ignored and refused.  Council Member Strom pointed out that the Town Council had made a large commitment to meeting the University's needs but that this request was not justified and ill timed.

 

Council Member Strom commented that the NCDOT had played a large role in creating this situation by agreeing to stop working on South Columbia Street because of a letter from UNC.  This is a very serious matter, he said, that has to do with the Town having local control over planning and growth issues for the future.  Council Member Strom expressed concern that the Town Council was losing its ability to make decisions that stick and that reinforce the public health, safety and welfare.  He thanked the citizens who had spoken tonight for being clear and presenting passionate and well thought out issues.  Council Member Strom suggested that everyone keep aware of the local control issue and the Town's relationship with the NCDOT.   

 

Mayor pro tem Evans said that she had supported the 1998 agreement between the University and Town.  She stated that tonight's comments about there being a sidewalk only on one side of the road shows that there had not been much thought given to long-term implications for anything but the automobile.  Mayor pro tem Evans described the park idea as an interesting suggestion.  She noted that other issues had arisen since 1998, such as how more large developments will impact Chapel Hill.  She described herself as not being afraid of a new study, adding that it was one of the Council's responsibilities to look toward the future.  Mayor pro tem Evans asked the representatives from NCDOT if the money that had been allocated for road improvements would be put in reserve and if money to add another sidewalk would be allocated.  

 

NCDOT representatives Alethea Rainer and Jay McGinnis said that money set aside for a particular year could be deferred for a later year.

 

Mayor pro tem Evans asked if an environmental impact study would continue while the study was being done and asked how much land would they acquire.  Mr. McGinnis said that the environmental study was quite far along for what is currently proposed and that they are at a point where they need to know a direction to go.  Mayor pro tem Evans asked if building sidewalks on both sides would be a substantial change.  Mr. McGinnis replied that the policy is that NCDOT would share the cost of sidewalks with the Town.  Mayor pro tem Evans asked if having sidewalks on both sides of the road would be a substantial change from the plan.  Mr. McGinnis replied that it would not, but Ms. Rainer noted that an historic wall was on the side where no sidewalk had been planned.

 

Council Member Harrison pointed out that what was before the Council was an environmental assessment, which he described as part of a tiered system that has an environmental impact statement at the top.  If this project moves along in that direction it will become a much larger and longer one than that which the Town had approved in 1998, he said.  Mr. Horton noted that the Council had not finished its discussion and given instructions to the staff.  The staff's review would be a process review, he said, since the Town Council could initiate a process to initiate a change in a proposal that it has put forward.  Mr. Horton explained that the staff would try to estimate how much time that would take, how it might affect NCDOT's view of the project, and what schedules might come out of the new process.    

 

Mayor Foy commented that the process thus far had lead to a better-informed current Council.  He said that he had voted for the 1998 improvements and that the Council had received good information to help its new members become better informed.  Mayor Foy determined from Mr. Horton that this item would come back on the June 24th agenda.  

 

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

 

Item 3 – Petitions

 

The Council did not receive oral petitions from citizens or Council members during the customary time because of the length of tonight's agenda and the importance of the South Columbia Street discussions.  Written petitions will be received and referred to the Manager and Attorney as part of the consent agenda.  The Council will resume hearing oral petitions at its June 10 meeting.

 

Item 4 – Consent Agenda

 

Council Member Ward removed 4g.

 

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-1 WITH ITEM G REMOVED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-05-29/R-1)

 

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

 

a.

Adoption of Minutes of April 3, 8, 15, 22, and 24; Closed Session Minutes of March 4.

b.

Nominations to Board of Adjustment, Community Design Commission, Greenways Commission, and Parks and Recreation Commission (R-2). 

c.

Resolution Referring May 29 Petitions to the Manager and Attorney (R-3).

d.

Bid for Street Sweeper (R-4).  

e.

Extension of Short-Term Lease of Parking Spaces at Pritchard Park to the Siena Hotel (R-5). 

f.

Budget Ordinance for Current Year Expenditure Reductions and Other Adjustments in Response to Revenue Shortfalls and Governor’s Withholding of State-Shared Revenues (O-1).

h.

Joint Planning Agreement: Linkage of Water and Sewer Management, Planning, and Boundary Agreement with the Joint Planning Agreement (R-7). 

i.

Purchase of House for Transitional Housing Program (R-7.1).

 

This the 29th day of May, 2002.

 

 

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2002-05-29/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:

 

Board of Adjustment

Janet McLamb

Glenn Wilson

 

Community Design Commission

Stephen Manton

 

Greenways Commission

Leigh Raynor

Diane VandenBroek

John Wallis

 

Parks and Recreation Commission

Terry Blalock

Evonne Bradford

Cory Brooks

Andrea Rohrbacher

Barry Starrfield

Diane VandenBroek

 

This the 29th day of May, 2002.

 

 

A RESOLUTION REFERRING WRITTEN PETITIONS RECEIVED AT THE MAY 29, 2002 COUNCIL MEETING TO THE MANAGER AND ATTORNEY FOR FOLLOW-UP (2002-05-29/R-3)

 

BE IT RESOLVED that the Council of the Town of Chapel Hill hereby refers written petitions received at the May 29, 2002 Council meeting to the Manager and Attorney for appropriate follow-up actions.

 

This the 29th day of May, 2002.

 

 

  

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A TYMCO 600 STREET SWEEPER. (2002-05-29/R-4)

 

WHEREAS, the Town of Chapel Hill had advertised notice of waiver of the formal bid process by legal notice in The Chapel Hill News/Village Advocate Classifieds on May 8, 2002, in accordance with G.S. 143-129-(g) for the purchase of a Tymco 600 Street Sweeper, and

 

WHEREAS, a formal bid competition was completed by North Carolina State University on March 29, 2001 in accordance with G.S. 143-129; and

 

WHEREAS, Twin States Equipment, Inc., offers the Town the Tymco Street Sweeper at the same price as offered to NC State University.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town implements the waiver of formal bid process in accordance with G.S. 143-129-(g) and accepts the offer to sell of Twin States Equipment, Inc.

 

This the 29th day of May, 2002.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN EXTENSION OF THE CURRENT LEASE AGREEMENT BETWEEN THE TOWN AND THE SIENA HOTEL FOR LEASE OF PARKING SPACES ON TOWN PROPERTY (2002-05-29/R-5)

 

WHEREAS, the Council authorized the Manager to negotiate a short-term lease of parking spaces on Town property to the Siena Hotel; and

 

WHEREAS, an 11 month lease agreement was executed in 2001; and

 

WHEREAS, the lease has expired; and

 

WHEREAS, a complete report and recommendations related to the parking situation will be presented to the Council upon completion of financial negotiations;

.

NOW, THEREFORE, BE IT RESOLVED that the Council authorizes the Manager to execute an extension of the current short-term lease of parking spaces on Town property to the Siena Hotel on a month-to-month basis, at a price of $1,625 per month if the Council raises downtown parking rates to at least $75 per space.

 

BE IT FURTHER RESOLVED that if downtown rates remain at a figure less than $75 per space the rates for parking at the Pritchard Park site will remain at $55 per space.

 

This the 29th day of May, 2002.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 (2002-05-29/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, 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

 

GENERAL FUND

      Engineering                         990,149                                             6,995                983,154

      Inspections                          602,924                                             3,106                599,818

      Public Works                   9,852,181                                         173,954             9,678,227

      Fire                                  4,919,055                                           33,230             4,885,825

      Police                              9,018,229                                         129,176             8,889,053

      Parks & Recreation          2,087,870                                             3,539             2,084,331

 

      Non-Departmental

            Transfer to Capital

               Improvements

               Fund                          637,000                                         630,000                    7,000

 

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

            Transfer to Debt

               Service Fund           2,423,000                                         200,000             2,223,000

 

CAPITAL RESERVE

FUND                                                  

     Transfer to General                          

     Fund                                               0                130,000                                         130,000

 

VEHICLE REPLACE-

MENT FUND                       3,596,671                                         150,000             3,446,671

 

OFF-STREET

PARKING FUND

     Transfer to General

      Fund                                              0                100,000                                         100,000

 

LIBRARY GIFT FUND                       

     Transfer to General Fund        45,000                  50,000                                           95,000

 

CAPITAL IMPROVE-

MENTS FUND                     2,660,051                                         630,000             2,030,051

 

                                                             

ARTICLE II

 

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

 

GENRAL FUND

       Fund Balance                  1,689,576                                         1,460,000             229,576

 

      Transfer from Capital

      Reserve Fund                                 0               130,000                                          130,000

 

      Transfer from Library

      Gift Fund                               45,000                 50,000                                            95,000

 

      Transfer from Parking

      Fund                                              0               100,000                                          100,000          

 

 

 

 

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

                

CAPITAL RESERVE

FUND

      Fund Balance                                 0                130,000                                         130,000

 

VEHICLE REPLACE-

MENT FUND                                      

    

     Vehicle Use Charges            826,390                                         350,000                476,390

     Fund Balance                    1,255,381                200,000                                      1,455,381

           

DEBT SERVICE FUND

     Transfer from General

     Fund                                 2,423,000                                         200,000            2,223,000

    

     Fund Balance                                  0                200,000                                        200,000

                                   

OFF-STREET

PARKING FUND      

     Fund Balance                                  0                100,000                                        100,000

 

LIBRARY GIFT FUND

    Fund Balance                          80,840                  50,000                                        130,840

 

CAPITAL

IMPROVEMENTS FUND

   Transfer from General

 Fund                             637,000                                        630,000                   7,000

 

This the 29th day of May, 2002.

 

 

A RESOLUTION AMENDING THE JOINT PLANNING AGREEMENT TO LINK THE WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT TO THE JOINT PLANNING AGREEMENT (2002-05-29/R-7)

 

WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended; and

 

WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA worked for a number of years toward developing a Water and Sewer Management, Planning and Boundary Agreement, and the Orange County Board of Commissioners adopted the Agreement in its final form on December 3, 2001;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following amendments to the Joint Planning Agreement:

 

1)         Amend Article 1 to read:

 

ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE, LINKAGE

 

2)         Add Section 1.4 to read:

 

Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement

 

The Water and Sewer Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference.  A copy of the WSMPBA is exhibit B to this agreement.  Termination of the WSMPBA does not terminate this agreement.  The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement.  Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement.

 

3)         Incorporate Appendix A, the map entitled Water and Sewer Management, Planning and Boundary Agreement, as Exhibit B to the Joint Planning Agreement.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to transmit this resolution to Orange County for consideration by the Orange County Planning Board and Orange County Board of Commissioners.

 

BE IT FURTHER RESOLVED that the Council authorizes the Mayor to execute, on behalf of the Town, these amendments to the Joint Planning Agreement.

 

This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro.

 

This the 29th day of May, 2002.

 

 

A RESOLUTION AUTHORIZING USE OF $17,500 FROM THE HOUSING LOAN TRUST FUND FOR PURCHASE OF A HOUSE FOR THE TOWN’S TRANSITIONAL HOUSING PROGRAM (2002-05-29/R-7.1)

 

WHEREAS, the Town intends to use $100,000 of 2000-2001 HOME Program funds toward the purchase of a house on Merritt Mill Road for the Town’s Transitional Housing Program; and

 

WHEREAS, an additional $17,500 of funds are needed to acquire the property; and

 

WHEREAS, upon sale of this house, the Town will receive $13,000 of program income;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes use of the $13,000 of program income to be received for acquisition of the property.

 

BE IT FURTHER RESOLVED that the Council authorizes use of $4,500 from the Housing Loan Trust Fund second mortgage budget for acquisition of the property. 

 

BE IT FURTHER RESOLVED that the Town will use an additional $10,000 of 2002-2003 Community Development Neighborhood Revitalization funds to renovate this property.

 

This the 29th day of May, 2002. 

 

Item 5 - Information items

 

Mayor pro tem Evans removed 5c – Transportation Management Plan.

 

Several citizens then spoke on 5b – Report on Traffic-Calming Petitions

 

Joseph Deveaugh-Geiss, president of Chandler's Green Homeowners Association, expressed concerns about safety in his neighborhood, adding that the recommendation to defer did not address safety issues in a realistic way.  He said that Chandler's Green was willing to share the cost even though residents feel it is the Town's responsibility.  Noting that other neighborhoods had similar concerns, Mr. Deveaugh-Geiss suggested that the Town allocate funds for traffic calming in several Chapel Hill neighborhoods.

 

Darryl Zelden, past president of Chandler's Green Homeowners Association, agreed with what Mr. Deveaugh-Geiss had said, particularly with regard to safety.  He described the Manager's recommendation to defer as unacceptable to the neighborhood and probably to the other neighborhoods that had petitioned the Council.  

 

Michelle Arlotto, speaking on behalf of the Springcrest neighborhood, requested installation of the calming devices they had requested in February.  She asked the Council to reconsider the budget so that speed humps could be put in as soon as possible in all four neighborhoods.  Ms. Arlotto also asked for immediate approval of stop signs where they were needed and requested. 

 

Steve Broscious, representing the Culbreth Ridge Homeowners Association, disagreed with the staff recommendation and asked the Council to strongly consider closing Highgrove Road.  He said that doing so would be an inexpensive and certain solution to the dangerous road, which was not designed properly in the first place.  As a second alternative, Mr. Broscious said, the neighbors would like to see the addition of speed humps and stops signs and a reduction in the speed limit to 20 mph.  He suggested that the Town pay the complete cost of this since the problem was the result of poor design.

 

Council Member Bateman asked if the neighborhood had been concerned about traffic from Southern Village using this as a cut-through road because there was no light there.  Mr. Broscious replied that they had been concerned about it being used as a cut-through but not for that reason.

 

Chris Von Dame spoke regarding the Culbreth neighborhood.  He referred to a traffic study performed by the Town in September/October 2001 that he said clearly states that the roads were not planned to handle the volume of traffic and that traffic-calming measures were necessary.  Mr. Von Dame described this as a polite way of saying that there is a child safety issue.  He said that people speed through the stop signs and he was concerned about his three children being injured.  Mr. Von Dame explained that his wife had spoken to Council Members Verkerk, Ward and Wiggins, and that all three had been sympathetic to their plight.  He stated that he agreed the Town should pay for this since the problems are the result of poor planning.

 

Suzanne Havala Hobbs, a Southern Village resident, asked the Town to retain the Highgrove access to Culbreth Road because speeding through the neighborhoods and failing to heed stop signs were the problem.  She recommended enforcing speed limits, adding speed humps, and perhaps parking on one side of the street. 

 

Graham Dyck, president of the Southern Village Homeowners Association, said that people in his neighborhood share the concerns of those in the Culbreth neighborhood regarding speeding traffic.  The Highgrove Road access is important to Southern Village, he said, which would have only two access points if it were closed.  Mr. Dyck pointed out that those who purchased homes in both neighborhoods either knew or could have known about the connection by Highgrove Road.  He added that traffic flow along Highgrove Road could not be fairly measured until the traffic lights at Arleen Park Drive on 15-501 were operating.

 

Southern Village resident Joe Lowman agreed that to close Highgrove Road would be foolish.  He also agreed with the suggestions to enforce rules and put in speed humps.  Mr. Lowman noted, however, that that parking on both sides of the road keeps people from driving fast.   

 

Southern Village resident Frank Dunphy opposed closing Highgrove Road, stating that public funds were being proposed to be used to obstruct access to more than 1,000 homeowners.  He agreed with the suggestion to add traffic-calming devices.

 

Highgrove Road resident Robert Plourde said that both Southern Village and Culbreth residents had access to the street plan and knowledge of what their neighborhoods would look like before they moved in.  He encouraged Council members to stay with the plan and think carefully before making any changes.   

 

Diana Steele said that traffic-calming techniques, such as stop signs and warning signs, were being installed in her Mason Farm Road neighborhood.   She said that the traffic is much slower as a result, adding that people still drive through stop signs but do so slowly and nervously.  Ms. Steele explained that speed bumps would be added soon, and thanked the Town Council for doing this in her neighborhood.     

 

Jim Yehuda stated that the Southern Village developer had asked all of the residents there to vote against closing Highgrove Road.  He said that it was time to get control over this issue before the rest of the Village was developed.

 

Southern Village resident Stan Epstein spoke against closing Highgrove Road.  If a bad accident were blocking traffic on 15-501, he said, there would be no other way to get into Southern Village or Culbreth.  He suggested perhaps opening the access to Cobble Ridge.

 

Council Member Bateman proposed referring this item back to the staff.  She recommended that the staff work with the Chandler Green group, which had expressed willingness to look at cost sharing.  She suggested installing stop signs and then seeing if there was any way to afford traffic-calming devices.

 

Mayor Foy agreed that this would be an appropriate way to consider these neighborhoods.

 

Council Member Strom added that traffic calming was becoming less of a luxury and more of a necessity.

 

Council Member Strom said he agreed with Council Member Bateman’s suggestion, with the addition that the staff bring an option to the next budget work session for including traffic-calming in next year’s budget.

 

Council Member Kleinschmidt asked that the Manager also give an option for the Town paying the entire cost, since some neighborhoods would not be able to help pay.

 

Council Member Verkerk cautioned that putting a lot of speed humps through neighborhoods can cut down on bicycling.  She also recommended that neighborhoods distribute flyers about the issue and talk about it.

 

Council Member Ward requested information about the difference between speed tables and speed humps, the pros and cons of how they affect behavior, and the cost implications.  He said that he hoped that the Town would come up with something that did not adversely affect bicyclists. 

 

Mayor pro tem Evans commented that in the past the Town had installed sidewalks with financial help from homeowners.

 

Council Member Harrison said that the he thought the Manager had said that the Council had never adopted a traffic-calming policy.  Mr. Horton replied that in effect the Council had adopted one, which is that it receives items on an ad hoc basis and considers them on an ad hoc basis.  Council Member Harrison said that it would help if the Council did develop a policy at some point.   

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO REFER THE ISSUE BACK TO STAFF TO WORK WITH CHANDLER'S GREEN TO IMPLEMENT STOP SIGNS AND TO SEEK CREATIVE WAYS TO ADDRESS TRAFFIC CALMING, AS AMENDED TO BRING OPTIONS TO NEXT BUDGET WORK SESSION TO INCLUDE TRAFFIC CALMING NUMBERS IN NEXT YEARS BUDGET AND TO HAVE TOWN AS THE SOLE PROVIDER RATHER THAN COST-SHARING WITH RESIDENTS.  THE MOTION WAS APPROVED UNANIMOUSLY (9-0).

 

Item 6 - Follow-up on Issues Related to the A Route in Southern Village

 

Transportation Director Mary Lou Kuschatka explained that this was a follow-up to the November 26th Council meeting.  She noted that there had been petitions filed for and against the V Route and that the Council had directed the Transportation Board and staff to work with Southern Village homeowners to evaluate options and make recommendations to the Council.  Ms. Kuschatka said that several options had been presented at a forum on April 23rd and that resulting comments have revealed that citizens want many different things.

 

Ms. Kuschatka said the Transportation Board recommended on May 7th that the Town continue operation of the V Route, she said, but that it start 30 minutes earlier in the morning and end 30 minutes later in the evening.  Ms. Kuschatka explained that this would provide consistency.  She noted that it would also provide connections to the Triangle Transit Authority (TTA) on the UNC campus, connections to portions of campus that have not been served by the North/South Route, and transportation service in the evenings.  Ms. Kuschatka noted that the disadvantage is this option would continue the large bus traveling on residential streets and it would have fairly light usage during midday.

 

Ms. Kuschatka described a second option that would have a different route and would operate during peak times.  With this option service would be reduced from 10:00 a.m. to about 3:00 p.m., she said, and it would save about $62,000.  Ms. Kuschatka pointed out the disadvantage that passengers returning at midday might have a longer walk because midday service would only go to the park and ride lot. 

 

Ms. Kuschatka stated that options 3a and 3b would be for small buses that would circulate within Southern Village and connect with the North/South bus at the park and ride lot.  She explained that this could be provided at no extra cost since it would replace the larger bus on the V Route.  It would improve the frequency of service, she said, but passengers would have to make additional transfers to get out of Southern Village as well as a transfer to reach some of the areas on campus. 

 

Ms Kuschatka noted that option 3a would also require people to walk, since the North/South Route does not penetrate campus in the same way that the V Route does.  Ms Kuschatka pointed out that this option would also require people to walk in order to connect with TTA, and it would limit the number of passengers to 15 seated and seven or eight standing.  Option 3b, she said, would mean that a small bus in Southern Village would meet with the V Route at the park and ride lot.  She noted the disadvantage that it would require passengers to make more transfers and some would have to stand in the smaller vehicle.  Ms Kuschatka stated that option 3b would cost an additional $175,000 per year because it would mean duplicating the service.

 

Ms. Kuschatka reported that the Manager's recommendation was for Option #2, using the large bus and reconfiguring the V Route and curtailing service during off times.  She stated that the Transportation Board had recommended continuing the V Route with its current configuration and beginning 30 minutes later and running service 30 minutes later in the evening.

 

Council Member Kleinschmidt asked how this would affect Meadowmont.  Ms. Kuschatka replied that the staff was waiting to see which recommendation was adopted.  With the Manager's recommendation, she said, they would ensure that Meadowmont was serviced through the midday via another route.

 

Council Member Bateman inquired about the service standard.  Ms. Kuschatka explain that any route that falls below half of the productivity level of the average of the routes would be considered unproductive and looked at for reconfigurations or termination of service.  She explained that the V Route did not fall into that category except during the midday, when ridership ranges from one to eight riders.  Council Member Bateman determined that the V Route would not meet the standard during the midday but that the standard applies only to total monthly ridership.

 

Loren Hintz, representing the Transportation Advisory Board, asked Council members to look at the Board’s recommendation on page 11 of the materials.  He noted that many routes have low numbers during the midday.  Mr. Hintz reported that the Board had recommended Option B, and pointed out that Southern Village was designed to be high density with mass transportation in mind.  Mr. Hintz explained that the Board felt that not getting people to use mass transit in areas that were designed for it would make it hopeless to expect to achieve it in the greater Chapel Hill area.  He noted that Southern Village residents were concerned that outsiders will park in the northern part of their neighborhood and then use the bus to drive around Town.  He said that this should not be a problem, however, because the system was designed for people to take the bus from the park and ride lot.  Mr. Hintz pointed out that all of the options have that potential risk and that residential permits are required in other parts of Town to address that.  He added that the Board felt it was important to urge the Council to provide bus service to as large a part of the population as possible.  The more people learn about it the more they will use it, Mr. Hintz said, including during the midday.  He stressed that buses are safer than cars even though they can be noisy.

 

Southern Village resident Paul Mraz noted how much the Town and the State were spending on transportation and how the cost was increasing.  He said that each rider on the V Route was costing $15 per ride, and that the Town was getting empty buses and less police protection.  Mr. Mraz suggested cutting back on bus routes that are not economical.

 

Joe Cole spoke in support of the small, 15 passenger buses.  He proposed an alternative route that would enter at Main Street, circle Market Street, enter and then exit the park and ride, and go out Southern Village.  Mr. Cole noted that other communities use golf carts to go around and pick people up.  Perhaps smaller hybrid vehicles would be appropriate, he said.

 

Madeline Cains said there was virtually no ridership in the residential part of Southern Village.  Ms. Cains complained that many tax and University dollars were being spent to run empty buses, which she said cater to the minority rather than the majority of people in the neighborhood.  She asked the Town Council to examine the cost per rider and make an informed decision regarding the buses. 

 

Pam Moyers spoke in support of Option 2, commenting that she sees empty buses going by her house all day long.  Ms. Moyers encouraged Council members to modify the V Route.

 

David Hubacher said that only Option A had a chance of accomplishing the Council's goal to maintain and increase mass transit ridership.  He pointed out that the other options either curtail service or make it more cumbersome to get to Town easily.  Mr. Hubacher suggested that Council members make a pledge that if Southern Village streets become a commuter parking lot the Town will take measures to correct the problem.

 

Suzanne Havala Hobbs said that she is a regular user of the V Route and that she supported the adoption of Resolution B.  Noting the huge expansion of UNC and its concurrent reduction in available parking, she described reducing service as self-defeating for the Town.

 

Tony King stated that the Town was running full size buses with low ridership through densely populated residential neighborhoods over narrow streets that legally permit roadside parking.  He described himself as opposed to mass transit but only when it is not administered in an operationally efficient or safe manner, particularly when it is possible to do so.  He stated that the Town and Southern Village would be best served with a smaller bus or van.  Mr. King said that it alarmed him that a service that they do not want was being imposed on them. 

 

Helen Motta read an email that she had sent to the Council supporting Option 2, but she wondered if the current park and ride lot in Southern Village could handle the additional cars that this would bring to the neighborhood.  She asked the Town Council to consider alleviating the impact to Southern Village by limiting access to Arleen Park Drive, for example.  She suggested that the Town ask traffic officers to patrol Southern Village to enforce safety rules and to issue residential parking permits.  Ms. Motta recommended that the Town Council ask the University to explore other areas in Town for expanding bus service so that the impact of new construction at the University and the resulting increased ridership will not fall mainly on Southern Village.

 

Ken Denny wondered if those who think that UNC commuters will not use Southern Village were aware of how the University was eliminating parking spaces.  He asked Council members to insure that the park and ride lot will be the most attractive option for those commuters.  Mr. Denny stated that Kildare and Market Streets were popular parking spaces now, adding that the lot there is full every day and Weaver Street Market has not even open yet.    

 

Robert Perkins expressed support for keeping the V Route.  He commented that he had known Chapel Hill was a real Town with real amenities and property taxes when he moved here.   Reducing bus service, he said, would discriminate against the elderly, children, teenagers, and commuters who are trying to do the right thing environmentally.  He expressed opposition to reducing hours, which he said would ensure that the service remains marginalized.  Mr. Perkins objected to having service denied to him because some residents regret that they moved to a "real town."  He said that he would like to see the service expanded. 

Mr. Perkins explained that he had seen similar systems work on much narrower streets in Germany.  There, he said, children rode to school on public transit and were safe doing so.  He said that the southern Chapel Hill area had four disjointed neighborhoods that should be connected in a way that would make them into one whole town.  On way to do that, he pointed out, would be with a bus service.  Mr. Perkins suggested that those who want to live in a transit free neighborhood go and take their pick of the 95% of Chapel Hill that is transit free.

 

Graham Dyck, president of the Southern Village Homeowners Association, stated that there was widespread concern about the issue of non-resident parking in Southern Village.

 

Eric McNeil explained that he uses the bus every day and had noticed a growing number of people trying the bus out and discussing using it.  He argued against changing to a mini bus because they are uncomfortable to get on, not user-friendly and approachable, and require multiple connections.  Mr. McNeil remarked that mini buses were supported by people who do not like bus service at all.  He said that the Manager's recommendation reneged on the Town's commitment to regional bus access.  The standard of having buses stop within a quarter of a mile of people's homes, he said, is worth keeping because otherwise it is difficult to fairly allocate the burden.  Mr. McNeil suggested that a number of people did not understand what they were buying into at Southern Village.  He said that many of the complaints were just "growing pains."  Mr. McNeil recommended applying a standard consistently across the neighborhoods.  If the Town must change the standard, he said, it should keep the handicapped people who ride the bus everyday in mind.

 

Terry Bolt opposed the V Route and expressed support for the new route and feeder buses.  He said there had been many near accidents at the corner of Brookgreen and Highgrove, where children try to cross through heavy traffic to get to the pool.  Mr. Bolt described 6:00 a.m. and 9 p.m. as disastrous times when he hears cars screeching to a halt.  He complained that he had recently been asked several times to move his horse trailer off the street in front of his house even though he needed it to care for a sick animal.  

 

Transportation Board Member George Cianciolo noted that a number of residents had expressed concerns about safety at an April 23rd public forum.  The Board had concluded that the buses were not a safety concern at Southern Village, he said, and cited a 1998 study published by the U.S. Department of Transportation and covering the year 1997.  The study found that 5,307 pedestrians were killed in the United States that year and only 109 of those were bus-related fatalities.  On average, he explained, 89% of those fatalities occurred outside the bus, and one-third of them were pedestrians.  So, in 1997, Mr. Cianciolo said, the chance of a pedestrian being killed by a car or truck was 147 times greater than their chance of being killed by a bus. 

 

Mr. Cianciolo stressed that buses are safe.  He said that statistics also show that smaller buses, such as those used in Chapel Hill, are even safer.   He noted that the proposed small bus is the same width as the large bus.  He pointed out that because of the narrower streets with cars parked on both sides buses are more likely to travel slower than automobiles.  Mr. Cianciolo added that if a child is crossing a street the likelihood of seeing and hearing a bus coming is much higher than seeing or hearing a car.  He emphasized that bus drivers were trained in safety whereas automobile drivers' training is minimal.  Mr. Ciancolo endorsed the recommendation to keep the current service.  He commented that the squealing tires that others had mention were from automobiles, not Chapel Hill Transit.

 

Joe Lowman remarked that anyone parked in Southern Village to catch the V bus should think carefully about their problem-solving abilities.  The V bus does not run as frequently as the North/South bus, he pointed out, and there is a perfectly good park and ride lot there, which is never full.

 

Robert Koontz stated that many people do ride the V bus.  If the Town must modify that route, he said, it should change the route before eliminating midday service.   Mr. Koontz noted that there might be gas shortages in the future.  He asked the Town Council to keep the buses, adding that he loves the sound of buses because to him it means fewer cars on the road.  He said he had seen no evidence of buses being less safe than the cars they replace, adding that he had checked back five years at the Police Department and had found no incidents with buses.  Mr. Koontz urged Council members to maintain the V Route as it is.  But, if the Council and the Transportation Director do decide to change it, he said, he will wholeheartedly support their decision and encouraged others do likewise.

 

Jack Snoeyink expressed appreciation for the service provided by the V bus and said that he regularly uses it.  Mr. Snoeyink thanked the Town staff for trying to find a compromise that would satisfy all residents.  But cutting out midday service would eliminate the option of being able to go shopping midday, he said.  Mr. Snoeyink argued that citizens were best served by a regular and predictable schedule and by adhering to the 1/4-mile standard for 90%.  He suggested a mix of Options #1 and #2, adding that the neighborhood should be well served by a bus since this is what it was designed for.

 

Leslie Tarrago remarked that she had been a supporter of public transportation since busses were first introduced in Chapel Hill when she was a teenager here.  She explained that she had returned to Town after a twenty-year absence because she likes what Chapel Hill has to offer, including its public transportation service.  Ms. Tarrago stated that she rides the V bus several times a week.  She said that it would be disruptive and confusing to eliminate midday service and would discourage potential riders.  She argued that Southern Village residents are entitled to service within a quarter mile of their homes, the same as other Town residents.  Ms. Tarrago said that elimination of bus service should be based on lack of riders rather than other pressures.  She noted that maintaining bus service would settle the issue for future developments, especially high-density ones.  People will know that it they don't want this they should look elsewhere before buying, she said.  Ms. Tarrago urged the Council to maintain service as recommended by the Transportation Board.

 

Elizabeth Snoeyink supported the recommendation of the Transportation Board.  She presented statistics from the Town's Engineering Department which show that hundreds of cars were speeding ever day.  Ms. Snoeyink argued that if more people took the bus then less people would be driving, which would make the roads safer.  She said there were moving trucks, delivery trucks, construction trucks, and school buses from Scroggs cutting through her neighborhood.  There are school buses for high school students and many other large vehicles on the streets as well, she said.  Ms. Snoeyink stated that she did not understand why the V Route buses were being singled out as a major source of safety problems. 

 

Mel Jones expressed support for the Transportation Board's proposal.  He was more afraid of speeding vehicles, he said, than of buses.  Mr. Jones passed on his neighbor's suggestion to cut the speed limit to 15 mph so that people would drive at 25 mph.  He noted that there had not yet been enough time to predict what the area would be like after the 15-501 construction is completed and Weaver Street Market has opened up.  Mr. Jones argued that it was too early to start tweaking the service and eliminating the chance to build.

 

John Ripley described himself as a big supporter of mass transit and said that he was vehemently opposed to the number of cars that he sees going by with only one person in them.  He suggested having much lower speed limits, more speed bumps, parking on both sides of the street, and tickets for those who run stop signs.  Such ticketing could pay for a couple of commuter buses all by itself, he said.

 

Vicky Bryant recommended giving the buses more time, since it takes a long time to change people's minds toward a new system.  She described this as just the beginning of a cleaner and car-free environment, adding that limiting service and making it less convenient will make it less likely that people will use it.  Ms. Bryant commented that most of the speeders in the neighborhoods were parents.  If drivers would just slow down, she said, everything would improve.

 

Eleanor Copeland said that the V bus comes within six feet of her bedroom window every morning at 6:00 a.m.  Something needs to change, she said, because the buses are big and empty and are polluting the air and wasting gas for no reason.  Ms. Copeland recommended using smaller buses until people begin to ride them and then putting the bigger buses back on.

 

Chris Rogers introduced statistics from the Urban Transport Fact Book, covering a five-year period (1990-1995).  The figures demonstrated that there is a four to five time higher fatality rate in a transit bus compared to a school bus.  Mr. Rogers then introduced an article from the Chapel Hill News that quoted him as saying that he was willing to compromise.  He also submitted a signed version of an email that he had sent to the Town Council.  He said that more than 300 residents (87% of Southern Village homeowners) who had sign a petition to limit transit service to the commercial area support the Town Manager's recommendation.  Mr. Rogers described the Manager's recommendation as a nice compromise between the petitioners and the counter-petitioners because it accommodates everyone's interests.

 

COUNCIL MEMBER VERKERK MOVED THE MANAGER'S RECOMMENDATION (R-A) AS AMENDED SO THAT THE "NOW THEREFORE BE IT RESOLVED..." END WITH "OF THE V ROUTE FOR TRANSIT SERVICES IN SOUTHERN VILLAGE."  SHE ALSO ASKED TO RETAIN ALL-DAY SERVICE.  COUNCIL MEMBER WIGGINS SECONDED.

 

 Mayor Foy asked how that motion differed from Resolution B.  Council Member Verkerk said that it recognizes the reconfiguration of the route but continues service throughout the day.  

 

Council Member Bateman argued that it was premature to start changing a route when the service has not been in place for a year.  She said that doing so would renege on part of the Town's commitment to mass transit.  Council Member Bateman noted that one speaker had said that it looked as though the University was abandoning its commitment to mass transit.  She stated that she would feel like she was doing so too if she supported this change.

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO SUBSTITUTE RESOLUTION B FOR THE MAIN MOTION.  THE MOTION TO SUBSTITUTE WAS ADOPTED (7-2), WITH MAYOR FOY AND COUNCIL MEMBER STROM VOTING NAY.

 

THE MAIN MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION TO MAINTAIN THE EXISTING TRANSIT SERVICE V ROUTE IN SOUTHERN VILLAGE WITH A SLIGHT TIME CHANGE (2002-05-29/R-8b)

 

WHEREAS, meeting the Chapel Hill Service Standard of a bus stop within ¼ mile of 90% of the Chapel Hill households is a goal of the Town of Chapel Hill; and,

 

WHEREAS, the present route configuration helps in the attainment of this service standard; and,

 

WHEREAS, the Transportation Board reviewed the existing service, the citizen concerns, additional routing options, and recommends maintaining the existing V Route with the service starting 30 minutes later in the morning and continuing 30 minutes later in the evening;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the V Route retains the same routing in Southern Village as in the current schedule with a 30-minute time adjustment in the morning and evening.

 

This the 29th day of May, 2002.

 

 

Mayor Foy wondered if the Council ought to defer one of tonight's items since it already was close to 10:30 p.m. and there was much still ahead.  Mr. Horton pointed out that the Council had full agendas for the remainder of the year.  Deferring an item tonight, he said, probably would create a worse situation at the next meeting.  Council Members agreed by consensus to move ahead.

 

Item 7 - Recommendation of Award of Contract to Implement Automated Traffic Enforcement for Red Light-Running Violations in Chapel Hill

 

Engineering Director George Small pointed out that it was two years ago that the Town had requested and received enabling legislation from the State for automated enforcement.  Since then the Town has solicited proposals and received proposals from four different companies, he said.  Mr. Small explained that the Town had asked for very specific information from the service providers and had established base line criteria so that they would be making their proposals on the same basis.  If the Council decides to proceed with this, he said, they should be aware that it is not yet known whether or not Chapel Hill would be a good candidate.  Mr. Small added that the numbers were submitted based on a certain set of assumptions, which might not reflect real violations.  He urged Council members not to take the revenue figures in the proposed packages as actual ones.  Moreover, he said, the program as proposed is self-supporting.  Mr. Small stressed that the program would not use money that could otherwise be put into other Town projects. 

 

Mr. Small explained that after evaluating all of the proposals the staff was recommending Affiliated Computer Services, Inc.  He noted, though, that the staff was not in full agreement with everything in the proposal and would need to negotiate aspects of the contract if the Council decided to proceed.  Mr. Small pointed out that Attachment #1 was a list of answers to Council questions about certain aspects of the technology.

 

Council Member Kleinschmidt asked for more information on why the private company would be the one to evaluate whether Chapel Hill was a good candidate for this technology.   Mr. Small replied that the company would study locations where the Town thinks there are many violations and identify others that they themselves have found have many violations.  He said the Town had agreed to a maximum of ten locations.

 

Council Member Kleinschmidt asked what factors would be operating in addition to the company's interest in profits.  Mr. Small explained that the company would put the cameras at locations that do not have a lot of violations but where the Town might want them because red light running has caused many accidents.     

 

Council Member Bateman asked the staff to make sure that the company would allow Town input.  Mr. Small replied that the Town was not obligated to do anything.

 

Mayor Foy pointed out that the Town might want cameras at ten intersections where there would be only a few accidents.  Mr. Small replied that if that were the case then this would not be a viable community for this type of enforcement.  He remarked that the Town probably would be surprised at the number of violations that are occurring.   

 

Mayor pro tem Evans established that the evaluation would be done during the academic year.

 

Council Member Strom asked if the effect of yellow light timing had been evaluated and if the Engineering Department had control over that.  Mr. Small replied that the vast majority of traffic signals in Town were on the State system and that the designs for those were established by the State.  Council Member Strom cited evidence that a longer yellow light could reduce accidents.  Mr. Small replied that Chapel Hill is known throughout North Carolina for pushing the yellow light.  Traffic Engineer Kumar Neppalli said that the yellow lights had been set in the medium range based on NCDOT policy.  He said that red light running could be lessened at some intersections with longer yellow light time, but noted that other factors contribute as well.  Mr. Neppalli asserted that changing yellow light timing would not improve the situation at all intersections. 

 

Council Member Harrison inquired about the funding source for the program.  Mr. Small explained that there was no Town funding at all.

 

Mayor Foy asked if this item could come back to the Council for approval after the intersections had been identified.  Mr. Small said that he would have to ask the consultant if they would invest in the study with no assurance of getting a contract.

 

Council Member Kleinschmidt asked if companies had ever turned towns down because they could not make money there.  Mr. Small replied that there generally are many red light violations in communities such as Chapel Hill.  Mr. Horton interjected that the Council will make this policy decision and the staff is neutral about whether the Town should do this or not.

 

Cam Hill said that he was against red light cameras on principle.  He commented that safe driving would be "bad for business" and that citizens would feel even more alienated from their government.  Noting that the number of tickets for red light violations went down 40% from 2000 to 2001, Mr. Hill said that statistically Chapel Hill was getting safer.  He suggested that the Town hire people to take pictures of folks running red lights, noting that this would provide jobs, keep the money in the Town, and keep people feeling connected.

 

Michelle Barbee said that she was convinced that automated law enforcement was not the answer.  She cited an investigative article that said this would give a private company the power to police citizens.  Ms. Barbee argued that the company would have a monetary interest in generating as many tickets as possible.   She cited figures indicating that rear-end accidents increased at intersections with red light cameras and noted that Affiliated Computer Services, Inc. was a subsidiary of Lockheed Martin.  Ms. Barbee said that AAA/Michigan had worked with Detroit engineers to retime traffic signals and to leave both sides red for a second or two while the signals were changing.  During the first 27 months of the demonstration project, she said, crashes decreased by 47%, with a 50% reduction in injuries.  Ms. Barbee suggested asking why, if there's a problem with an intersection, safety engineers do not just go out and fix the timing.    

 

Diana Steele predicted that the cameras would be a deterrent to people who know they are there.  She said that several intersections with Mason Farm Road could benefit by them and that it would make a difference in the traffic flow on South Columbia Street.  Ms. Steele noted that the Council could act on this right away, without interference from the State.  She added that it might be a long time before the Town sees any other improvements in that area of Town.

 

Will Raymond stated that he was "totally, 100% against" red light cameras.  This is all about making money, he said, and has nothing to do with safety.  Mr. Raymond added that such technology is more like something one would see in Singapore or China.  He described it as a solution looking for a problem.  The cameras would cause loss of respect and resentment from the community, Mr. Raymond said.  He described the program as a scam and asked the Council to reject it. 

 

Margaret Misch expressed opposition to the idea because she was concerned about privatizing with a firm from outside of North Carolina.  This is an intrusion on privacy, Ms. Misch said, and it means putting profit over safety.  She explained that she was disturbed by the connection with Lockheed Martin, which had developed procedures for the military that are now being proposed for use in Chapel Hill.  Ms. Misch said that the company would take 70% of what is collected, leaving only 30% for the Town, and she stated that another company had proposed a 50/50 arrangement.  She pointed out that the companies themselves had submitted the data on quality of service.

 

Robert Perkins described the cameras as a great idea and an "equalizer to the impunity with which drivers endanger other citizens."  He noted that this procedure can be done without spending additional tax dollars.  Mr. Perkins remarked that he had seen a similar program work in Germany, where it made things safer because everyone had to play by the same rules.  

 

Transportation Advisory Board Director Loren Hintz, who said he was speaking as an individual on this issue, urged the Town Council to look carefully at the validity of both the pro and con statistics.  He described the civil liberties concerns as interesting, noting that the Town already contracts out the collection of parking fines.  Mr. Hintz expressed concern about the failure of Chapel Hill, and the United States in general, to stop people from running red lights, speeding, and not yielding to pedestrians.  He said that the red light cameras have the potential to educate people in Town to really look at the stoplight and stop.  Regarding the issue of rear-ending, Mr. Hintz urged citizens to follow the basic drivers education instruction to leave space between you and the car in front of you.

 

Council Member Wiggins said that an elderly citizen had told her that the only time she can make a left turn is to pull into the intersection and wait for the traffic to stop.  Sometimes the light turns red before she can turn, Council Member Wiggins explained.  The woman wanted to know if this would be a situation where the camera would take a picture of her car going through the intersection on red.  Mr. Small replied that the pictures are taken of cars that have not yet entered the intersection when the light turns red.       

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO TAKE NO ACTION NOW AND TO REQUEST STAFF TO ANALYZE STATISTICS OFFERED TONIGHT ON YELLOW LIGHTS AND REAR-END ACCIDENTS, AND TO BRING BACK INFORMATION ON WHAT IT WOULD TAKE TO INCREASE ENFORCEMENT BY THE CHAPEL HILL POLICE DEPARTMENT AT PROBLEMATIC INTERSECTIONS.

 

Mayor pro tem Evans asked how long this would delay action.  Mr. Horton replied that it take it to the fall, at a minimum.

 

Council Member Wiggins asked who would monitor the calibration of the timing of the picture taking.  She also asked if there would be a periodic check on this.  Mr. Small replied that every picture that went out would be reviewed and validated by Town staff.   

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY MAYOR PRO TEM EVANS, A SUBSTITUTE TO ADOPT RESOLUTION 9.   THE MOTION WAS ADOPTED (6-3), WITH COUNCIL MEMBERS FOY, STROM AND KLEINSCHMIDT VOTING NAY.

 

Mayor Foy said that he would not support this "very bad idea."  He suggested that if it is passed then the Council should review the intersections rather than merely letting the company put up surveillance cameras.  Mayor Foy pointed out that the Council would not have an opportunity to see the contract.

 

Council Member Kleinschmidt described the plan as "horrendous" and "an embarrassment" to the Town.  He added that no one would ever expect that this Council and this Town would put "little spy cameras" at intersections and have it as a profit tool for some company four hours away.  Council Member Kleinschmidt added that the program would not protect children, but would be an inherently unsafe plan which puts revenue over people and over the values that are shared by most citizens of Chapel Hill. 

 

Council Member Strom said that he too opposed the motion because the Town had not yet tried to effectively use its Police Department to solve the problem through enforcement.  He said that the Town would be passing the buck in a very dangerous way.  Council Member Strom pointed out that citizens have been nervous ever since the September 11th bombing of the World Trade Center.  Taking this step at this time would be inappropriate, he said, and an infringement on civil liberties.

 

Mayor Foy said that he strongly and vehemently objected to this, which he described as a fund-raising effort.  He described as "most bizarre" the fact that the recommendation is based on 73,000 citations per year at ten intersections when last year there were only 311 citations at all of the intersections in Town.

 

Council Member Ward described the cameras as a worthwhile tool to try.  He added that he did not understand how it was not safe or why the profit motive would be a deterrent.  Council Member Strom responded that if profit were the motive then the Town would ask its own Police Department to come up with a plan to do this.

 

Council Member Verkerk objected to the accusation that Council Members who support the idea are placing profits above safety.  She said that the reason police officers do not enforce this is that it is dangerous for them to do so.  Council Member Verkerk reminded the Council that 20 years ago people called being forced to wear seatbelts an infringement on their rights. 

 

Council Member Kleinschmidt referred to the evidence presented that rear-end accidents had quintupled after the installation or cameras.  He said that he would not want his child walking through that inherently unsafe space.  Council Member Verkerk replied that she had been researching this issue for years and had learned that T-bone accidents were more dangerous than rear-end accidents.  If the cameras do not work then the Town can get rid of them, she said.

 

Mayor pro tem Evans called the question.

 

Council Member Harrison commented that this program will not embarrass Chapel Hill and that this is a Council that will pull back if it is not working.  He suggested that it was worth a try.

 

Council Member Wiggins noted that no picture will be taken of anyone who does not break the law.  She added that she would like to see the penalty increase with repeat offenses.    

 

Council Member Bateman asked Mr. Small if Council members would see a copy of the contract before it was signed so that they would know when and how people will be informed about the red lights.  Mr. Small explained that the resolution authorizes the Manager to negotiate and sign the contract.  Council Member Bateman requested that it come back to the Council and that the Council be told how people will be informed about it.  Mr. Horton stated that the Council could choose whether or not this would come back in the fall.

 

COUNCIL MEMBER BATEMAN AMENDED HER MOTION TO REPLACE "THE MANAGER APPROVING THE CONTRACT" WITH "THE MANAGER NEGOTIATING THE CONTRACT AND BRINGING IT BACK WITH A CONTRACT FOR THE COUNCIL TO CONSIDER APPROVING AT A LATER DATE."  MAYOR PRO TEM EVANS, THE SECONDER, ACCEPTED THE AMENDMENT.

 

Council Member Strom asked to enter a friendly amendment asking that the Town Council approve locations of cameras.  Several Council Members said that already was inherent in the amended motion.  Mr. Neppalli stated that there will be no locations suggested until there is a signed contract.  Mr. Horton said that he could attempt to negotiate the contract to include the specific locations.

 

COUNCIL MEMBER BATEMAN WITHDREW HER AMENDMENT.  MAYOR PRO TEM EVANS AGREED.

 

COUNCIL MEMBER STROM PROPOSED ANOTHER FRIENDLY AMENDMENT, "NOW THEREFORE BE IT RESOLVED THAT PRIOR TO IMPLEMENTATION OF CAMERA LOCATIONS THE COUNCIL WILL GRANT APPROVAL TO THOSE LOCATIONS."  BOTH THE MOVER AND SECONDER ACCEPTED THE AMENDMENT.

 

Council Member Ward asked why the Town Council was more qualified than Town engineers to evaluate this.  Council Member Bateman replied that since this was such an emotional issue there was value in having Council members see what the staff had approved.

 

Council Member Strom stated that there might be trade-offs between danger and revenue and the Council should make those choices.   

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-9 AS AMENDED TO ADD A BE IT FURTHER RESOLVED….  THE MOTION FAILED (4-5), WITH COUNCIL MEMBERS HARRISON, EVANS, VERKERK AND BATEMAN VOTING AYE AND COUNCIL MEMBERS KLEINSCHMIDT, STROM, FOY, WARD AND WIGGINS VOTING NAY.  

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-9.  THE MOTION WAS ADOPTED (6-3) WITH COUNCIL MEMBERS FOY, STROM AND KLEINSCHMIDT VOTING NAY.

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND CONTRACT WITH AFFILIATED COMPUTER SERVICES, INCORPORATED TO IMPLEMENT AUTOMATED TRAFFIC ENFORCEMENT SERVICES FOR RED LIGHT VIOLATIONS IN CHAPEL HILL (2002-05-29/R-9)

 

WHEREAS, the Council requested and received State enabling legislation for a local program to use automated traffic enforcement for red-light running violations in Chapel Hill; and

 

WHEREAS, the Council and advisory boards have received information about typical automated traffic enforcement technology and procedures; and

 

WHEREAS, the Town received and evaluated proposals from private contractors for studying intersections and designing a local automated traffic enforcement program for red light violations in Chapel Hill.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to negotiate and contract with Affiliated Computer Services, Incorporated to implement automated traffic enforcement of red light violations in Chapel Hill consistent with the proposal submitted by Affiliated Computer Services and with information and guidelines presented to the Council regarding automated enforcement technology and programs.

 

This the 29th day of May, 2002.

 

 

Item 8 - Request for Expedited Processing of Rezoning and Special

Use Permit Applications for Marriott Hotel

 

Mr. Horton said the staff believed the public purpose to be served here would be to make it possible for the super street improvement to proceed with right-of-way and public funding to pay for a portion of the development of a key part of the support system for that intersection.  He said that November 18th would be the first available time for expedited treatment.

 

Council Member Kleinschmidt agreed that there was a public purpose associated with Resolution 10, but stated that this should in no way be regarded as a quid pro quo on ultimate approval of this development, at least not by him.  He noted that there is some danger in it being perceived that way and that he did not want it to appear in the media that this is what it was.

 

Council Member Wiggins remarked that she had been on the Council for five years and could not remember a time when expedited review had come back as a reason for the Council not to deny an application.  She added, though, that she understood that Council Member Kleinschmidt wanted to be clear about that.  Council Member Kleinschmidt said that some concerns had been expressed to him.  Mr. Horton, noting that the same concerns had been expressed to him, assured the Council that this would get the same scrutiny and fair treatment that any application would, with no favorable or unfavorable treatment.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-10.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF REZONING AND SPECIAL USE PERMIT APPLICATIONS FOR MARRIOTT HOTEL (2002-05-29/R-10)

 

WHEREAS, the Town Council has received a petition from Mr. Scott Radway, offering to fund roadway improvements in exchange for expedited processing of rezoning and Special Use Permit applications seeking approval of a Marriott Hotel; and

 

WHEREAS, the Town Council finds that there is public interest associated with accepting the proposal to donate right-of-way and fund Dobbins Drive improvements in advance of review of the applications;  and

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the rezoning and Special Use Permit applications for Marriott Hotel in a manner that will speed review without sacrificing breadth or depth of analysis with November 18, 2002 Public Hearings.

 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed:  to formally request that the North Carolina Department of Transportation move forward with the improvements, to establish a municipal agreement with the State department, and to hold the Marriott Hotel $82,550 payment until it is requested by NCDOT.

 

This the 29th day of May, 2002.

 

 

Item 9 - Continuation of Public Hearing:  Parks and Recreation Master Plan

 

Mr. Horton said that the staff was prepared to make a presentation, but the recommendations were clear and incorporate the issues identified by the advisory boards and the Council.  In view of the late hour, he suggested submitting the final document, which the Council could change if it wishes.

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-11.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION ADOPTING THE 2002 PARKS AND RECREATION MASTER PLAN AS PART OF THE TOWN’S COMPREHENSIVE PLAN WITH REVISIONS (2002-05-29/R-11)

 

WHEREAS, the Town of Chapel Hill adopted a Comprehensive Plan in 2000, and

 

WHEREAS, a goal of the Comprehensive Plan was the development of a Parks and Recreation Master Plan; and

 

WHEREAS, a committee was appointed to draft a master plan document for the Council’s consideration; and

 

WHEREAS, an extensive public process was used to prepare the draft Parks and Recreation Master Plan based on current and anticipated conditions; and

 

WHEREAS, the Bicycle and Pedestrian Advisory Board, Chapel Hill Public Arts Commission, Greenways Commission, Housing and Community Development Advisory Board, Library Board, Parks and Recreation Commission, Planning Board, and Transportation Board have recommended adoption of the draft 2002 Parks and Recreation Master Plan;

 

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby preliminarily approves the 2002 Parks and Recreation Master Plan as part of the Town of Chapel Hill’s Comprehensive Plan with the following revisions:

 

 

BE IT FURTHER RESOLVED that the Council will review the revised portions before taking final action on adoption of the Parks and Recreation Master Plan as part of the Comprehensive Plan.

 

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to make any changes needed to correct factual errors, clarify the report, or improve organization of the document.

 

This the 29th day of May, 2002.

 

 

Item 10 - Proposed Agreement to Extend University Public Safety Jurisdiction

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 12A.

 

Council Member Kleinschmidt, describing this as "another abdication," objected to a police force coming into the community and investigating or arresting people.  He said that the people of the Town should not be subjected to any UNC police activity without the expressed consent of the Town Council.  Council Member Kleinschmidt further said that the Town's police force should be present at any activity that the UNC police engage in in the community so that their actions will be accountable to the people of Chapel Hill.

 

Mayor Foy expressed support for the motion.  He stated that the UNC police chief had made it clear that he had made a very strong effort to make sure that his police force was qualified to work in tandem with the Chapel Hill Police Department.  Also, Mayor Foy pointed out, this would only be permission to investigate crimes that are alleged to have occurred on campus.  He noted that it would require reasonable suspicion and would not permit any traffic enforcement or random vehicle stops.   Mayor Foy added that this was a good agreement from which the Town can withdraw at any time.

 

Council Member Wiggins asked if the agreement the Town would sign would include the conditions Mayor Foy had described.  Mr. Horton said that he thought the general order as drafted by the Police Chief had not been included in the proposed agreement.  But it would be understood by everyone that the Council had weighed that proposed order heavily in their consideration, Mr. Horton said.

 

Council Member Strom agreed with Council Member Kleinschmidt's points, but said that he would not move R-12b since it would only be voted down.    

 

THE MOTION WAS ADOPTED (7-2), WITH COUNCIL MEMBERS KLEINSCHMIDT AND STROM VOTING NAY.


Item 11 - Appointments

 

·        Chapel Hill Public Arts Commission

 

Council Members

Chapel Hill Public Arts Commission Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Ellen Fussell

X

X

X

X

X

X

X

X

X

9

Jimmie Haynes

X

X

X

X

X

X

X

X

X

9

Susan Leeb

X

X

X

X

X

X

X

X

X

9

Anita Wolfenden

X

X

X

X

X

X

X

X

X

9

Vernelle Brooks Jones

X

X

X

X

X

X

X

X

X

9

Kim McCullough

X

X

X

X

X

X

X

X

X

9

Janet Kagan

X

X

X

X

X

X

X

X

X

9

Lyde Zavaleta

X

X

X

X

X

X

X

X

X

9

Phyllis Lotchin

X

X

X

X

X

X

X

X

X

9

Dana Staats

X

X

X

X

X

X

X

X

X

9

 

 

All applicants were appointed: Ellen Fussell, Jimmie Haynes, Susan Leeb, Anita Wolfenden, Vernelle Brooks Jones, Kim McCullough, Janet Kagan, Lyde Zaavaleta, Phyllis Lotchin, Dana Staats.

 

 

·        Greenways Commission

 

 

Council Members

Greenways Commission

Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Leigh Raynor

 

 

 

 

 

 

 

 

 

-

Barry Starrfield

 

 

 

X

 

 

 

 

 

1

Diane VandenBroek

X

X

 

 

X

 

 

 

 

3

Robert Verboon

 

 

X

X

 

X

X

X

X

6

John Wallis

 

 

 

 

 

 

 

 

 

-

 

 

Robert Verboon was appointed.


·        Historic District Commission.

 

Council Members

Historic District Commisison Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

James Bullock

 

 

 

 

 

 

 

 

 

 

Leigh Raynor

X

X

X

X

X

X

X

X

X

9

 

Leigh Raynor was appointed.

 

 

·        OWASA Board of Directors

 

Council Members

Orange Water and Sewer Authority Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Ralph Beisner

 

 

 

 

 

 

 

 

 

 

Lee Culpepper

X

X

X

X

X

X

X

X

X

9

Leslie Johns

 

 

 

 

 

 

 

 

 

 

John T. McGee

 

 

 

 

 

 

 

 

 

 

Donald Shaw

 

 

 

 

 

 

 

 

 

 

 

 

Lee Culpepper was appointed.

 

 

·           Greenways Commission Term Extension

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-13.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION EXTENDING THE TERM OF JOE HERZENBERG ON THE GREENWAYS COMMISSION FOR ONE ADDITIONAL YEAR (2002-05-29/R-13)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby extends for one year the term of Joe Herzenberg on the Greenways Commission, with an expiration date of June 30, 2003.

 

This the 29th day of May, 2002.

 

 

 

Item 12 - Reserved for Discussion of Consent Agenda Items

 

Regarding 4g, Authorization to Execute Agreement with NCDOT for the Morgan Creek Trail Project and to Seek Applicants for a Morgan Creek Trail Conceptual Plan Committee, Council Member Ward suggested that membership to the proposed Conceptual Plan Committee include bike and pedestrian representatives.  He also asked for a reaction on whether participation by OWASA would be appropriate.  Mr. Horton described both suggestions as very good ideas and recommended choosing one person from each.

 

COUNCIL MEMBER WARD MOVED THAT MEMBERSHIP ON THE PROPOSED CONCEPTUAL PLAN COMMITTEE INCLUDE BIKE AND PEDESTRIAN REPRESENTATIVES, AND THAT OWASA BE INVITED TO PARTICIPATE.  COUNCIL MEMBER STROM SECONDED.

 

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

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH NCDOT FOR PLANNING AND DESIGN FUNDS FOR THE MORGAN CREEK TRAIL (2002-05-29/R-6a)

 

WHEREAS, the North Carolina Department of Transportation and the Town have agreed to participate in the planning and design of a 10-foot wide asphalt and/or concrete multi-use path from Culbreth Road to Smith Level Road, with additional access to the Merritt Pasture, and

 

WHEREAS, the Town shall be responsible for the preparation of all environmental documents and project plans, acquisition of any required right of way, relocation of all utilities, construction of the project, and maintenance upon completion of the project; and

 

WHEREAS, the North Carolina Department of Transportation agrees to reimburse the Town a lump sum amount of $71,500 toward the planning and design costs of the project from the Durham-Chapel Hill-Carrboro Direct Attributable Funds;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized to prepare a conceptual plan for the Morgan Creek Trail in Orange County and that the Town Manager is further authorized to sign and execute the Agreement with the North Carolina Department of Transportation. 

 

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to use $17,875 in funds received from the Southern Village development for the construction of the Morgan Creek Trail for the required Town match funds.

 

This the 29th day of May, 2002.

 

 

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

 

 

A RESOLUTION AUTHORIZING THE MANAGER AND THE GREENWAYS COMMISSION TO RECRUIT MEMBERS FOR A MORGAN CREEK TRAIL CONCEPTUAL PLAN COMMITTEE (2002-05-29/R-6b)

 

WHEREAS, the North Carolina Department of Transportation and the Town have agreed to participate in the planning and design of a 10-foot wide asphalt and/or concrete multi-use path from Culbreth Road to Smith Level Road, with additional access to the Merritt Pasture, and

 

WHEREAS, the Town requires additional information concerning possible routes and costs for various options; and

 

WHEREAS, a conceptual plan committee would allow citizens, nearby residents and property owners and neighboring jurisdictions to participate in the planning process;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager and Greenways Commission are hereby authorized to recruit the following applicants for a Morgan Creek Trail Conceptual Plan Committee:

 

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to report back to the Council with a recommended list of participants in October 2002.

 

This the 29th day of May, 2002.

 

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT O-2A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2002-05-29/O-2a)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:

 

SECTION I

 

The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital Improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.

 

SECTION III

 

Revenues anticipated to be available to the Town to complete the projects are hereby amended as follows:

 

                                                                        Current Budget         Revised Budget

 

         Adopt-A-Trail Grant                                                        35,000                         35,000

         Clean Water Management Grant                                     200,000                       200,000

         Chapel Hill-Carrboro School                                          148,059                       148,059

         Metropolitan Planning Grant                                              79,000                         79,000

         State Bicycle/Pedestrian Grant                                        300,000                       300,000

         Pritchard Park Gift                                                          100,193                       100,193

         Pritchard Park Interest & Rental Income                           63,807                         63,807

         Donations                                                                           2,000                           2,000

         Orange County Bond Funds                                           205,000                       205,000

         Transfer from CIP Fund                                                  416,549                       416,549

         Transfer from General Fund                                              59,000                         76,875

         Interest Earnings                                                               88,156                         88,156

         N.C. Transportation Grant                                              212,865                       212,865

         OWASA Reimbursement                                                 42,931                         42,931

         Pedestrian Signal Reimbursement                                        5,000                           5,000

         N. C. DOT Grant                                                           136,000                       207,500

 

         Total                                                                           2,093,560                    2,182,935

 

SECTION IV

 

Appropriations for the various projects are hereby amended as follows:

 

 

 

                                                                        Current Budget         Revised Budget

 

         Booker Creek Linear Park                                               20,000                         20,000

         Dry Creek Trail                                                              270,800                       270,800

         Lower Booker Creek Trail                                             721,749                       721,749

         Pritchard Park                                                                164,000                       164,000

         Southern Community Park                                              205,000                       205,000

         Willow Drive Bridge                                                       343,952                       343,952

         Hargraves                                                                         50,000                         50,000

         Scroggs School Athletic Fields                                        148,059                       148,059

         N. C. 54/Hamiliton Improvements                                   170,000                       170,000

         Morgan Creek Trail                                                                   0                         89,375

         Total                                                                           2,093,560                    2,182,935

 

SECTION V

 

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

 

       SECTION VI

 

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

 

This the 29th day of May, 2002.

 

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT O-2B.  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, 2001 (2002-05-29/O-2b)

 

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

 

GENERAL FUND

       Non-departmental                                                                                                            

            Transfer to Capital

            Projects Fund                          0                  17,875                                           17,875                       

 

ARTICLE II

 

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

 

GENERAL FUND

     Fund Balance                       229,576                  17,875                                         247,451                       

           

This the 29th day of May, 2002.

 

 

Regarding 5c, Transportation Management Plan Report, Mayor pro tem Evans said that she hoped that the Development Ordinance consultant would review the Transportation Management Plan and give the Town Council recommendations on how it might be more effective.

 

Mayor Foy noted that he had asked the Council to consider the 4th of July fireworks, but said that it was too late tonight to do so.  Mr. Horton pointed out that the Town had no expectation of getting any contributions and would have to pay the full cost (up to $25,000) of the event.  Mr. Horton added that based on the Council's decision the staff had told firefighters that they could take a vacation on that date.  Telling 12 of them now that they would have to work would be more difficult, he said, than coming up with the money.

 

Mayor pro tem Evans noted that the Downtown Commission and the Parks and Recreation Department were working on a celebration.

 

The meeting adjourned at 11:47 p.m.