SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, FEBRUARY 24, 2003, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Public Works Director Bruce Heflin, Stormwater Engineer Fred Royal, Urban Forester Curtis Brooks, Finance Director Jim Baker, Planning Director Roger Waldon, Engineering Director George Small, Traffic Engineer Kumar Neppalli, Senior Long Range Planning Coordinator Chris Berndt, and Town Clerk Joyce Smith.
Item 1 - Ceremonies: None.
Item 2 - Public Hearings: None.
Item 3 - Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items not on the agenda.
1. Chapel Hill Public Arts Commission regarding Arts ‘Round Town Festival.
Public Arts Commission Co-chair Andrew Ross outlined plans to expand the Arts 'Round Town Festival to a one-day show. He said the event would involve the Chapel Hill Downtown Commission and feature an expanded array of artists, including musicians and storytellers. Mr. Ross asked Council members to allow the Public Arts Commission to place sculptures in empty planter boxes on Franklin Street during that one day. He also requested that participating artists be allowed to sell their work during the festival, explaining that many more artists would participate if they knew they could sell their work.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
1. Dennis Markatos regarding a Voter-Owned Elections Program.
Mr. Markatos said that he represents a wide and diverse range of Chapel Hill citizens who wish to address the problem of escalating political campaign costs. This was not meant as criticism of the current Town Council, he explained, and described Chapel Hill as a model for the rest of North Carolina with its low contributions limit and disclosure laws. Mr. Markatos urged the Council to pass "one of the most comprehensive campaign finance reform measures possible," a program that he said had been successful in Maine and Arizona.
Mr. Markatos pointed out that the cost of running for office in Chapel Hill was increasing, adding that the cost of running for mayor had more than tripled over the past few years. He noted an emerging trend of candidates spending thousands of their own dollars in elections. Mr. Markatos called for "voter-owned elections," in which candidates may choose to limit their spending and fundraising and may receive public financing if a large number of registered voters support their candidacy. He asked Council members to enact this measure so that local elections could continue to be about one person/one vote.
UNC Law Professor Emeritus Daniel Pollitt stated that too often political offices go to the highest bidder. This leaves voters feeling cynical, he said. Professor Pollitt expressed support for the proposed campaign reform, adding that it would give candidates a choice of opting into the new system or not. He commented that the democratic process would be the winner in such a system because candidates would depend on platforms rather than dollars. Professor Pollitt said the proposal is a win-win situation for all.
Mayor Foy suggested that the Council refer the item to the Manager and Attorney for a report on budgetary implications and whether or not the Council has the legal authority to do this. When it comes back to the Council, he said, they may consider forming a Mayor's Committee to address the issue.
Council Member Strom agreed that a Mayor’s Committee should be formed immediately. He pointed out that there could be different budgetary and legal implications depending on what the Council chooses to do.
COUNCIL MEMBER STROM MOVED THAT A MAYOR’S COMMITTEE BE FORMED IMMEDIATELY TO DISCUSS PARAMETERS OF A VOTER-OWNED ELECTION, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT.
Council Member Kleinschmidt noted that political concerns were interwoven with budgetary and legal issues.
Council Member Bateman recommended finding out how the public feels about this before forming a Committee.
Council Member Strom replied that the Council would need information to bring to a public hearing.
Council Member Ward commented that the Manager, Town Attorney, Town Council and general public should all provide input. He expressed interest in proceeding fast enough for the process to be in place for the November 2003 election.
Mayor pro tem Evans agreed with Council Member Bateman's position regarding hearing from the public before setting up a Mayor's Committee, and asked Town Attorney Ralph Karpinos how long it would take to bring back a legal opinion. Mr. Karpinos replied that the deadline for seeking legislation was coming up soon, and offered to bring back some information in a couple of weeks. Mr. Karpinos pointed out that the Town of Cary's appeal from the ruling by the State Board of Elections would be heard in Superior Court on March 26, 2003. He said that the decision in that case would give Chapel Hill some further indication of how this issue is viewed by the courts.
Mayor pro tem Evans moved, seconded by Council Member Bateman, A substitute motion to treat this in the same MANNER as other petitions BY receivING and referRING IT TO THE MANAGER AND ATTORNEY FOR A REPORT, and RECEIVING public input before moving forward.
Council Member Kleinschmidt remarked that he would vote against the substitute motion because waiting for the Superior Court's decision would make it unlikely that the Council would have a plan ready to submit and be implemented by the Orange County Board of Elections by the filing date of mid-July. He recommended beginning the discussion of what the Council wants from such a plan and then adjusting to the ongoing litigation. Council Member Kleinschmidt argued that the Council would then be in a position to enact something that would have an effect in November.
Mayor Foy commented that Council members' various ideas were not mutually exclusive. Regardless of the outcome of Cary's case, Chapel Hill can have legislative authority if the Council pursues this in a timely manner. He stated that the Council needs more information from the Town Attorney on what kind of authority it needs and the Council needs to know from the Manager how many dollars they would need to appropriate in this budget year. To form a Mayor's Committee at this point would be spinning wheels, Mayor Foy said, expressing support for the substitute motion.
Council Member Kleinschmidt commented that the first motion did not exclude that. Mayor Foy replied that was what he meant when he said they were not mutually exclusive, but this should be handled the way that the Council handles all petitions.
THE SUBSTITUTE MOTION WAS ADOPTED (5-4), WITH COUNCIL MEMBERS BATEMAN, EVANS, VERKERK, FOY, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS KLEINSCHMIDT, STROM, WARD AND HARRISON VOTING NAY.
1. Mark Chilton, EmPOWERment, Inc., requesting an Exception for 613 Sykes Street.
EmPOWERment, Inc. Executive Director Mark Chilton requested an exception to the Chapel Hill Housing Loan Trust Fund policies. He explained that EmPOWERment had purchased property at 613 Sykes Street with assistance from that Fund. They had renovated the property, Mr. Chilton said, and were working with a potential buyer who would be a great addition to the community. The Fund stipulates that the purchaser must be a Chapel Hill resident, he said, and the buyer in question had moved to Carrboro two years ago because she could not find affordable housing in Chapel Hill. Mr. Chilton pointed out the irony of this situation and suggested revisiting the policy at some point. For now, though, he asked Council members to allow this one buyer and her two sons to become homeowners in Chapel Hill by granting an exception to the policy in this case.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
2. Elizabeth Ryan requesting Permission to Publish the Town Seal.
Chapel Hill resident and historian Elizabeth Ryan explained that she was writing a history/tour guide of Orange County that focuses on the three major towns. She requested permission to use a reproduction of the Town Seal in the Chapel Hill portion of her book. Ms. Ryan said that she had received permission to use the town seals of Hillsborough and Carrboro and was awaiting permission from Orange County. She asked for a response within a month because she was trying to go to press with the book.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3b. Petitions by citizens on items on the agenda. None
3c. Announcements by Council members. None
Item 4 - Consent Agenda
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-02-24/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Adoption of Minutes of January 6, 13, 22, and 27, 2003. |
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b. |
Award of Bid for Vehicle and Computer Replacements for 2002-03 (R-2). |
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c. |
Street Barricades in Meadowmont (R-3). |
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d. |
Resolution Calling a Hearing on Potential Legislative Requests (R-4). |
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e. |
National Pollutant Discharge Elimination System-Phase 2 (NPDES-II) Permit Application (R-5). |
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f. |
Nomination to the Town Operations Center Design Advisory Committee (R-5.1). |
This the 24th day of February, 2003.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE LEASE-PURCHASE CONTRACTS FOR VEHICLE AND COMPUTER EQUIPMENT REPLACEMENT PURCHASES FOR THE 2002-2003 FISCAL YEAR (2003-02-24/R-2)
WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the lease-purchase of a variety of vehicles and computer equipment for various departments; and
WHEREAS, RBC Centura offers the lowest total interest cost of 2.00% for the 3-year term for the purchase of vehicles totaling $169,200 and computer equipment totaling $142,000; and
WHEREAS RBC Centura offers the lowest total interest cost of 2.63% for the 7-year term for the purchase of vehicles totaling $396,900;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with RBC Centura on behalf of the Town for the lease-purchase of vehicles and computer equipment totaling $311,200 at a fixed interest cost of 2.00% for a three year term with total principal and interest cost of $322,814 and for the lease purchase of additional vehicles totaling $396,900 with a fixed interest rate of 2.63% for a seven year term with total principal and interest cost of $437,152.
BE IT FURTHER RESOLVED that the aforesaid contracts by and between the Town of Chapel Hill, various State contract and other vendors, and RBC Centura, together with the amounts to be paid thereunder, be and the same are hereby designated as qualified tax-exempt obligations of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
BE IT FURTHER RESOLVED that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii) during the current calendar year.
This the 24th day of February, 2003.
A RESOLUTION DIRECTING THE TOWN MANAGER TO INSTALL TEMPORARY ADDITIONAL SIGNAGE IN MEADOWMONT AND TO NOTIFY EMERGENCY SERVICES REGARDING THE LOCATION OF TRAFFIC BARRICADES (2003-02-24/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby directed to install additional traffic information signs in Meadowmont to assist drivers in the vicinity of two barricades described in the Manager’s report to the Town Council of February 24, 2003, said signs to remain until the barricades are removed in July, 2003.
BE IT FURTHER RESOLVED that the Manager is directed to re-notify emergency services providers regarding the location of these barricades and information on how to access neighborhoods in the vicinity of the barricades.
This the 24th day of February, 2003.
A RESOLUTION CALLING A PUBLIC HEARING FOR MARCH 3, 2003, TO RECEIVE PUBLIC COMMENT ON PROPOSALS FOR CONSIDERATION AS PART OF THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM FOR THE UPCOMING SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2003-02-24/R-4)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for March 3, 2003, at 7 p.m. in the Council Chambers of Town Hall on the following proposed items for consideration as part of the Legislative Program for the upcoming session of the General Assembly:
· Common Funding Source for Transportation Infrastructure Needs
· Equity of Funding for Orange County within Highway Division 7
· Funding Mechanism to Convert Overhead Power Distribution Lines to Underground Lines
BE IT FURTHER RESOLVED that the Council may wish to seek further advice on ways to:
· Provide Increased State Staffing for Sedimentation and Erosion Control Enforcement.
This the 24th day of February, 2003.
A RESOLUTION AUTHORIZING THE TOWN OF CHAPEL HILL TO SUBMIT A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM-PHASE II (NPDES-II) PERMIT APPLICATION AS REQUIRED BY THE CLEAN WATER ACT AND NORTH CAROLINA ADMINISTRATIVE CODE 15A NCAC 2H .0126 STORMWATER DISCHARGES (2003-02-24/R-5)
WHEREAS, a permit application has been prepared, as required by law, responding to the requirements of the NPDES-II regulations; and
Whereas, the Council held a Public Hearing on January 22, 2003 to receive comments on the permit application; and
Whereas, the Council believes that the permit application includes reasonable practices and procedures to address the six minimum measures required by the NPDES-II regulations; and
Whereas, the Council wishes to programmatically improve surface water quality in Chapel Hill;
Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Manager is directed to submit the Town’s National Pollutant Discharge Elimination System (NPDES-II) permit application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, on or before March 10, 2003.
This the 24th day of February, 2003.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-02-24/R-5.1)
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:
Town Operations Center Design Advisory Committee
Janet Kagen
Polly van de Velde
This the 24th day of February, 2003.
Item 5 - Information items
Council Member Harrison removed 5d, Response to Petition regarding US Environmental Protection Agency Rules. Mayor Foy suggested that the Council address it at this point in the meeting.
COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MAYOR TO SEND A LETTER TO THE ATTORNEY GENERAL OF NORTH CAROLINA URGING THE FILING OF A PETITION FOR REVIEW AGAINST THE U.S. ENVIRONMENTAL PROTECTION AGENCY SEEKING REVIEW OF RECENTLY ENACTED NEW SOURCE RULES (2003-02-24/R-6)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is hereby authorized to send a letter on behalf of the Town to the Attorney General of North Carolina urging the filing of a Petition for Review against the U.S. Environmental Protection Agency for revising Rules regarding the New Source Review provisions of the Clean Air Act.
This the 24th day of February, 2003.
Council members received the remaining information reports by consensus.
ITEMS DEFERRED FROM FEBRUARY 10, 2003 MEETING:
Item 6 - Report on Installation of Kiosks Downtown
Town Forester Curtis Brooks explained the Council had been asked to allocate $12,000 to install six additional kiosks in the Downtown area. He said that a Council member had then inquired about the possibility of installing one on Rosemary Street, at either the Henderson Street or the Church Street intersection. Mr. Brooks said that the staff had found a suitable location at the corner of Rosemary and Church Streets and were recommending that a kiosk be placed there rather than at McCorkle Place, where it might detract from the view.
Mayor pro tem Evans thanked Mr. Brooks for working with her on this.
Council Member Harrison wondered if the Town could get a kiosk at the corner of Henderson and Rosemary Streets if that area is developed. Mr. Horton replied that it might be possible at the northwest corner and that the Town would seek to have streetscape improvements in the area if they ever receive a development proposal. Mr. Horton added that the area would be a logical spot for a kiosk, but noted that he was saying this without knowing what type of project might go in there.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ALLOCATE $12,000 TO PURCHASE AND INSTALL NEW KIOSKS AT SIX DOWNTOWN LOCATIONS (2003-02-24/R-7)
WHEREAS, the Town Council has requested information about the feasibility of additional kiosks in the Downtown area; and
WHEREAS, six locations have been determined to be suitable for the installation of new kiosks; and
WHEREAS, $12,000 is available in bond funding to purchase and install the new kiosks;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to install six additional kiosks at the downtown locations described in this report, and use $12,000 of available Streetscape bond funds to do so.
This the 24th day of February, 2003.
Item 7 - Memorandum of Understanding for
Public Transportation Services
Assistant Town Manager Flo Miller explained that R-8a would authorize the Manager to execute the Memorandum of Understanding between Chapel Hill, Carrboro and the University. She said that R-8b would appoint two Council members to the Public Transit Committee to participate with appointees from the partners. Ms. Miller pointed out that the proposed Memorandum of Understanding would allow a Committee consisting of two members from each of the partners to discuss issues of public transit. This is in addition to the other work group that had been established by the other memoranda of understandings, she said.
Ms. Miller explained that the local partners would share in the net cost for public transportation services. She pointed out that the net cost of any new service requested by a local partner would be the responsibility of that partner alone, unless the others agreed. Ms. Miller stated that the agreement would be for three years and could be renewed for two more years by agreement of the partners. She noted that Carrboro had already authorized their interim town manager to sign the Memorandum and had appointed two Aldermen to the Committee.
Mayor Foy thanked Council Member Wiggins and Mayor pro tem Evans for participating on behalf of the Council.
Council Member Wiggins expressed interest in working on the new Committee as well. She raised the issue expressed at a previous Council meeting regarding public transportation needs during inclement weather. Council Member Wiggins stressed the importance of letting the partners know that the Town realizes that bus service is essential. She pointed out that she would also make the partners understand the Town's constraints in getting all of the buses out during winter storms.
Mayor pro tem Evans thanked Ms. Miller for her continuous, steadfast, wonderful service to this Committee.
Council Member Ward pointed out that bus service had become essential for many people and was becoming essential for more as the service improved. He wondered if the partners could share the cost of keeping the bus service running during bad weather conditions. Mr. Horton replied that if the Council wanted to improve service to the partners' satisfaction then he would recommend that the partners pick up some of the expense. He added, though, that there had been only a three-hour delay during the last ice storm. All of the service was running by 11:30 a.m., Mr. Horton said, and noted that finding a way to get drivers to work was the Town's biggest challenge during storms.
Mayor Foy asked for clarification of the additional expenses. Mr. Horton replied that they might be for additional plows and sand-spreaders and the operators to go with them. The expenses might also include bonuses for people who take on more hazardous duty, he said. Mr. Horton stressed, though, that he preferred not to generalize too much about this because it might not be practical as long as 80% of the workforce lives outside the community.
Council Member Ward said he did not want it to come as surprise to the partners that it might cost more to make this happen under adverse weather conditions.
Mayor Foy suggested asking the Council's delegates to bring that to the partners' attention.
Council Member Ward stated that Council Member Wiggins had said she would do that.
Council Member Wiggins replied that she would take a slightly different approach. She would make the Town's constraints clear, she said, and leave it at that.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT R-8A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A 2003 MEMORANDUM OF UNDERSTANDING FOR PUBLIC TRANSPORTATION SERVICES WITH THE TOWN OF CARRBORO AND THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL (2003-02-24/R-8a)
WHEREAS, the Towns of Chapel Hill and Carrboro and the University of North Carolina at Chapel Hill have worked together to provide public transportation services since the 1970s; and
WHEREAS, the Towns of Chapel Hill and Carrboro and the University desire to continue to work together to provide public transportation services; and
WHEREAS, the Town of Chapel Hill has operated the public transit system since 1974 and shared the costs with the Town of Carrboro and the University;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute a 2003 Memorandum of Understanding for Public Transportation Services with the Town of Carrboro and the University of North Carolina at Chapel Hill with the terms and conditions substantially as stated in the document presented at the Council’s meeting of February 24, 2003.
This the 24th day of February, 2003.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-8B WITH COUNCIL MEMBER WIGGINS AND MAYOR PRO TEM EVANS APPOINTED AS REPRESENTATIVES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPOINTING TWO REPRESENTATIVES TO A PUBLIC TRANSIT COMMITTEE ACCORDING TO THE 2003 MEMORANDUM OF UNDERSTANDING FOR PUBLIC TRANSPORTATION (2003-02-24/R-8b)
WHEREAS, the Town of Chapel Hill, the Town of Carrboro and the University of North Carolina at Chapel Hill have worked together since the 1970s to provide public transportation services; and
WHEREAS, the 2003 Memorandum of Understanding for Public Transportation Services establishes a Public Transit Committee to review policies; and
WHEREAS, the membership of the Public Transit Committee is to include two representatives each appointed by the Town of Chapel Hill, the Town of Carrboro and the University;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council appoints Council Member Edith Wiggins and Mayor pro tem Pat Evans as the Council’s representatives to the Public Transit Committee as established in the 2003 Memorandum of Understanding for Public Transportation.
This the 24th day of February, 2003.
FEBRUARY 24, 2003 AGENDA:
Item 7.1 - Authorization for the Sale of General Obligations Bonds
Mayor Foy pointed out that the Council had heard this item before and had discussed selling $4.25 million worth of bonds which had previously been authorized by the voters.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-8.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION PROVIDING FOR THE ISSUANCE OF $4,250,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS SERIES 2003 OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA (2003-02-24/R-8.1)
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WHEREAS, each of the Bond Orders described in Section 1 below has taken effect; and
WHEREAS, on March 24, 1998 the Town of Chapel Hill, North Carolina (the “Town”) pursuant to the authority of such Bond Orders issued $4,550,000 in aggregate principal amount of its General Obligation Public Improvement Bonds, Series 1998 (the “Series 1998 Bonds”); and
WHEREAS, on March 1, 2000 the Town pursuant to the authority of such Bond Orders issued $4,700,000 in aggregate principal amount of its General Obligation Public Improvement Bonds, Series 2000 (the “Series 2000 Bonds”), which Series 2000 Bonds are currently outstanding; and
WHEREAS, the Town Council of the Town of Chapel Hill, North Carolina (the “Town Council”) has determined pursuant to a resolution adopted by the Town Council on February 10, 2003 (the “Initial Resolution”) that it is in the best interests of the Town to issue an additional $4,250,000 in aggregate principal amount of the Bonds authorized by said Bond Orders;
NOW, THEREFORE, BE IT RESOLVED by the Town Council, as follows:
“BOND ORDER AUTHORIZING THE ISSUANCE OF $5,000,000 RECREATION FACILITIES BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 OPEN SPACES AND AREAS BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $2,000,000 PUBLIC SAFETY BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 STREET AND SIDEWALK BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”; and
“BOND ORDER AUTHORIZING THE ISSUANCE OF $500,000 PUBLIC BUILDING BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”.
The Bond Orders described above are hereinafter collectively referred to as the “Bond Orders”.
In the event that (a) DTC determines not to continue to act as securities depository for the Bonds or (b) the Town determines that the continuation of the book-entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the Town will discontinue the book-entry system with DTC. If the Town fails to identify another qualified securities depository to replace DTC, the Town will deliver replacement bonds in the form of fully-registered certificates.
(Form of Bond)
NO. R-_______________ $__________
UNITED STATES OF AMERICA
STATE OF NORTH CAROLINA
TOWN OF CHAPEL
HILL, NORTH CAROLINA
GENERAL OBLIGATION PUBLIC IMPROVEMENT
BOND, SERIES 2003
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INTEREST RATE |
MATURITY DATE |
ORIGINAL ISSUE DATE |
CUSIP |
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________________ |
April 1, ____ |
April 1, 2003 |
_______________ |
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:_________________________________________________ Dollars
The Town of Chapel Hill, North Carolina (hereinafter referred to as the “Town”), a municipal corporation of the State of North Carolina, is justly indebted and for value received hereby promises to pay in the manner hereinafter provided, to the registered owner named above or registered assigns or legal representative on the Maturity Date specified above, the principal amount shown above and to pay to the registered owner hereof interest thereon from the date of this Bond until this Bond is paid in full at the interest rate per annum specified above, payable on October 1, 2003 and semiannually thereafter on April 1 and October 1 of each year. Principal of and interest on this Bond are payable in clearinghouse funds to The Depository Trust Company (“DTC”) or its nominee as registered owner of the Bonds and are payable to the owner of the Bonds shown on the records of DTC at the close of business on the day immediately preceding an interest payment date or a principal payment date. The Town is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants.
This Bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the North Carolina General Statutes, as amended, and pursuant to The Local Government Finance Act, the bond orders adopted by the Town Council of the Town on September 23, 1996 and approved by a majority of the qualified voters of the Town who voted thereon at a referendum duly called and held on November 6, 1996 and a bond resolution adopted by the Town Council on February 24, 2003. This Bond is one of a series of Bonds designated as “Town of Chapel Hill, North Carolina General Obligation Public Improvement Bonds, Series 2003” initially issued in the aggregate principal amount of $4,250,000 (the “Bonds”). The Bonds are being issued primarily for the construction of recreational facilities, renovation and improvements for public works, renovation and improvements for law enforcement facilities, the purchase of open space and greenways, and the renovation and construction of sidewalks and bridges and for street improvements.
The Bonds maturing prior to April 1, 2014 will not be subject to redemption prior to maturity. The Bonds maturing on April 1, 2014 and thereafter will be subject to redemption prior to maturity, at the option of the Town, from any moneys that may be made available for such purpose, either in whole on any date not earlier than April 1, 2013, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued to the date fixed for redemption.
If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected in such manner as the Town in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount thereof by $5,000. So long as a book-entry system with DTC is used for determining beneficial ownership of Bonds, if less than all of the Bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the Bonds within a maturity are to be redeemed. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof to be redeemed shall be called in the inverse order of their maturities.
Whenever the Town shall elect to redeem Bonds, written notice of the redemption of such Bonds, stating the redemption date, redemption price and identifying the Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon such Bond or portions thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue. Such notice of redemption shall be given by certified or registered mail to DTC or its nominee as the registered owner of the Bond not more than 45 days nor less than 30 days prior to the redemption date at the address provided to the Town by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. The Town is not responsible for mailing notices of redemption to anyone other than DTC or its nominee unless no qualified securities depository is the registered owner of the Bonds.
It is hereby certified and recited that all conditions, acts and things required by the Constitution or laws of the State of North Carolina to exist, be performed or happen precedent to and in the issuance of this Bond, exist, have been performed and have happened, and that the amount of this Bond, together with all other indebtedness of the Town, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the Town are hereby pledged to the punctual payment of the principal of and interest on this Bond in accordance with its terms.
This Bond shall not be valid or become obligatory for any purpose until this Bond has been authenticated by the Director of Finance of the Town and the certifications hereon shall have been signed by authorized representatives of the Local Government Commission of North Carolina.
IN WITNESS WHEREOF, the Town of Chapel Hill, North Carolina has caused this Bond to be manually signed by its Mayor and its Clerk and its official seal to be imprinted hereon, all as of the 1st day of April 2003.
(SEAL)
Town Clerk Mayor
Town of Chapel Hill, North Carolina Town of Chapel Hill, North Carolina
CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of the within Bond has been approved under the provisions of The Local Government Bond Act, of North Carolina as amended.
( signature )
JANICE T. BURKE
Interim Secretary of the Local Government Commission
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Series of Bonds designated herein and issued under the provisions of the Bond Resolution referenced herein.
By:
James M. Baker
Director of Finance
Town of Chapel Hill, North Carolina
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto _________________, the within Bond and irrevocably appoints _________________, attorney-in-fact, to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ________________________ _________________________________________
NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without any alteration whatsoever.
Signature Guaranteed:
____________________________________
(Bank, Trust Company or Firm)
(Authorized Officer)
Section 9. Continuing Disclosure Requirement. The Town hereby undertakes, for the benefit of the beneficial owners of the Bonds, to provide:
(a) by not later than seven months from the end of each fiscal year of the Town, to each nationally recognized municipal securities information repository (“NRMSIR”) and to the state information depository for the State of North Carolina (“SID”), if any, audited financial statements of the Town for such fiscal year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it maybe amended from time to time, or any successor statute, or, if such audited financial statements of the Town are not available by seven months from the end of such fiscal year, unaudited financial statements of the Town for such fiscal year to be replaced subsequently by audited financial statements of the Town to be delivered within 15 days after such audited financial statements become available for distribution;
(4) unscheduled draws on any credit enhancements reflecting financial difficulties;
(5) substitution of credit or liquidity providers, or their failure to perform;
(6) adverse tax opinions or events affecting the tax-exempt status of the Bond;
If the Town fails to comply with the undertaking described above, any beneficial owner of the Bonds may take action to protect and enforce the rights of all beneficial owners with respect to such undertaking, including an action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default under the Bonds and shall not result in any acceleration of payment of the Bonds. All actions shall be instituted, had and maintained in the manner provided in this paragraph for the benefit of all beneficial owners of the Bonds.
The Town reserves the right to modify from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Town, provided that any such modification will be done in a manner consistent with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as it may be amended from time to time (“Rule 15c2-12), and provided further that:
(a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Town;
(b) the information to be provided, as modified, would have complied with the requirements of Rule 15c2-12 as of the date of the Official Statement relating to the Bonds, after taking into account any amendments or interpretations of Rule 15c2-12, as well as any changes in circumstances; and
(c) any such modification does not materially impair the interests of the beneficial owners, as determined either by parties unaffiliated with the Town (such as bond counsel), or by the approving vote of the registered owners of a majority in principal amount of the Bonds pursuant to the terms of this bond resolution, as it may be amended from time to time, at the time of the amendment.
Any annual financial information containing modified operating data or financial information shall explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided.
The provisions of this Section shall terminate upon payment, or provision having been made for payment in a manner consistent with Rule 15c2-12, in full of the principal of and interest on all of the Bonds.
Section 10. Construction Fund. The Director of Finance is hereby directed to create and establish a special fund to be designated “Town of Chapel Hill, North Carolina General Obligation Public Improvement Bonds, Series 2003 Construction Fund” (the “Construction Fund”). The proceeds from the sale of the Bonds shall be deposited in the Construction Fund. Any moneys held in the Construction Fund shall be invested and reinvested by the Director of Finance as permitted by the law of the State of North Carolina, and the income therefrom to the extent permitted by the Code shall be retained in the Construction Fund and used to pay the Cost of Construction, as directed by the Director of Finance. The Director of Finance shall keep and maintain adequate records pertaining to the Construction Fund and all disbursements therefrom. “Cost of Construction” shall include payment of or reimbursement for the following items:
(a) obligations incurred or assumed for the Project in connection with the construction, acquisition, installation and equipping thereof;
(b) the cost of construction, acquisition, installation and equipping of the Project; including, without limitation, legal fees and expenses, inspection costs, permit fees, filing and recording costs and advertising expenses in connection with the acquisition of the Project;
The Director of Finance shall annually make the computation of the Rebate Deposit described in Section 4 of the Investment Instructions. If a deposit to the Rebate Principal Account is required as a result of such computation, the Director of Finance shall, not later than each April 1, deposit an amount sufficient to make such payment. If a withdrawal from the Rebate Principal Account is permitted as a result of such computation, the amount withdrawn shall be applied to the next payment of interest on the Bonds. Records of the determinations required by this Section and Section 4 of the Investment Instructions must be retained by the Director of Finance until six (6) years after the final retirement of the Bonds.
Not later than thirty (30) days after the end of the fifth Bond Year (thirty (30) days after April 1, 2008) and every five (5) years thereafter, the Director of Finance shall pay to the United States ninety percent (90%) of the amount required to be on deposit in the Rebate Principal Account as of such payment date and one hundred percent (100%) of the amount on deposit in the Rebate Income Account as of such payment date. Not later than sixty (60) days after the final retirement of the Bonds, the Director of Finance shall pay to the United States one hundred percent (100%) of the balance remaining in the Rebate Principal Account and the Rebate Income Account. Each payment required to be paid to the United States pursuant to this Section shall be filed with the Internal Revenue Service Center, Ogden, Utah 84201. Each payment shall be accompanied by a statement summarizing the determination of the amount to be paid to the United States.
This the 24th day of February, 2003.
Item 8 - Creekside Subdivision: Application for Preliminary Plat Approval
Town Planning Director Roger Waldon reviewed the proposal to subdivide 11.5 acres into 11 building lots. He displayed the site plan and noted that the new Land Use Management Ordinance (LUMO) affects this application in several ways. Mr. Waldon explained that the applicant had proposed a payment in lieu of the Small House provisions in the old ordinance. In response to Small House changes in the new LUMO, Mr. Waldon said, the applicant had come back with an additional proposal.
Mr. Waldon pointed out that changes to the Resource Conservation District (RCD) also affect this proposal. The staff had gone out to the site and had identified intermittent, perennial and ephemeral streams under the rules of the new LUMO, he said. Mr. Waldon indicated these streams on the map, and also displayed a map that the applicant had drawn up showing the protected RCD corridor as defined by the new LUMO.
Mr. Horton noted that the Council had raised questions about the appropriateness of satisfying the recreation requirement by dedicating an acre of land along Morgan Creek as conservation area. This would be a discretionary decision for the Council, he said, and the applicant had prepared an alternative proposal if the Council does not approve it.
Mr. Waldon noted that the staff had recommended adoption of R-9a with conditions.
Warren Mitchell, representing Creekside Development Group, stated that the project complied with the rules of the new ordinance and asked Council members to approve R-9a. He discussed issues of density, tree protection, stormwater management, recreation/conservation area, Small House Ordinance, and the RCD.
Regarding density, Mr. Mitchell noted that Creekside would have approximately the same density as the nearby Kings Mill neighborhood even though it was 20% more dense than the Morgan Creek neighborhood. He argued that being 20% more dense did not make Creekside incompatible with the existing neighborhood. Mr. Mitchell pointed out that there was diversity of housing and lot sizes throughout Chapel Hill and that density was only one indicator of compatibility.
Mr. Mitchell noted that neighboring homes have either no RCD applied to the lots or the less restrictive 100 feet. Since the RCD for Creekside would be 150 feet from the bank of Morgan Creek, he said, the developers feel they are protecting the environment. Mr. Mitchell pointed out that providing a one acre conservation area to the Botanical Gardens Foundation, Inc. would also protect Morgan Creek. Also, the applicant would provide easements behind lots 4, 5, 6, 7 and 8, he said.
Other than Morgan Creek, Mr. Mitchell said, trees were the most valuable asset the project had. He stressed that they would preserve as many trees as possible because the property would not be as valuable without them. Mr. Mitchell noted that preliminary plat approval only allows them to clear the minimum needed for the street and utilities, and a little for storm drainage and a 20-foot easement for the sanitary sewer. He explained that the Town had asked them to put a fence along the entire clearing limits for the street and utilities to protect the lots. During construction, each lot would come to the Town with a landscape protection plan, he said, as well as a stormwater management plan if it clears more than 5,000 square feet. Mr. Mitchell argued that stormwater management and tree conservation were not conflicting agendas, and proposed doing stormwater management on a lot by lot basis.
Mr. Mitchell displayed a diagram of significant tree stands and pointed out that there was no route that would allow less clearing than another. With regard to the recreation requirement, he stated that the acre of conservation land was never intended to be a recreation space. Mr. Mitchell argued that the proposed lots were large enough to not need recreation space, and noted that surrounding neighborhoods did not have recreation area requirements. Mr. Mitchell offered lot #1 for recreation, however, but said that he preferred to stay with what was in his application.
With regard to the Small House Ordinance, Mr. Mitchell offered to meet the new requirement by limiting the size of two lots to 1,350 square feet. He indicated on the map where the intermittent and perennial streams were. Mr. Mitchell pointed out that the applicant had made several revisions throughout the process. They had reduced the number of lots, dedicating additional conservation easements, moved the location of the sewer, and provided easements, he said.
Morgan Creek Homeowners' Association President Heidi Chapman explained that several speakers wanted to donate their time to others. Mayor Foy asked Council members if they would approve that.
Council Member Wiggins determined from Ms. Chapman that the total time for comments would be about 75 minutes. Ms. Chapman explained that she would speak for six minutes because Ann Harrawood had donated her time to her. Council members agreed by consensus to allow speakers to donate time to others.
Ms. Chapman reminded Council members that the neighborhood had expressed concerns at the last hearing about the density of this project given the RCD. They had specifically addressed the staff's determination of intermittent streams along the western border of Creekside, she said. Ms. Chapman noted that the neighborhood had also expressed concerns about the identification of significant trees and tree stands, as well as the stormwater treatment for this project. She distributed information packets that included the Town's new definition of intermittent streams.
Ms. Chapman stated that Town Stormwater Engineer Fred Royal had first done an "eyeball" evaluation and had determined that most of the stream along the western border of Creekside was ephemeral. He then went out again and completed a checklist developed by the NC Department of Water Quality and made the same determination, she said. Ms. Chapman objected to Mr. Royal's use of that checklist because it does not match the Town's definition of an intermittent stream. She said that it was necessary, in this case, to look at the intermittent stream field verification criteria. This criteria requires a determination of whether the stream flows only during wet periods of the year and flows in a continuous natural channel or depression, she said.
Ms. Chapman stressed that the neighborhood had been clear at the January 22 meeting that they would retain a consultant if necessary. She reported that she had called Mr. Royal on February 7 and asked him to check the stream after the rainfall, but Mr. Royal had not been able to do so because of work priorities. Ms. Chapman stated that this was why they had hired a consultant who could take the time to look at all the criteria as set out in the LUMO. Consultant Seth Reice had determined that the western channel was an intermittent stream, she said, and she asked Council members to consider Mr. Reice's testimony later in the meeting.
Council Member Bateman asked Ms. Chapman if the neighborhood was requesting nine rather than eleven houses plus the possible recreation area. Ms. Chapman replied that they would like nine houses with the land donated to the Botanical Gardens. Council Member Bateman asked if the stream being intermittent would mean that Lot #1 was not buildable. Ms. Chapman stated that Lot #1 was not a buildable lot. Council Member Bateman noted that this was the lot being offered as recreation area. Ms. Chapman said that if the stream were determined to be intermittent along the entire western channel then it would affect the buildability of the other as well as the placement of the road through the development.
Dave Morgan, of 634 Morgan Creek Road, showed a video taken along the west side of Morgan Creek subdivision. Mayor Foy verified that Mr. Morgan's testimony was that all of the video was shot on February 7, 2003, at around 5:00 p.m. along the line shown on the map that he had given the Council that says "intermittent stream" and is outlined in yellow and blue.
Paul Magill, of 507 Morgan Creek Road, showed slides of two streams that flow through his property. He explained that fallen trees from Hurricane Fran had created dams, flooding, and new channels. Mr. Magill stated that there had been much water flowing there during the mid-1990s but it had diminished to flowing during two or three months a year over the past few years. He said that he had been told in 1995 that he could not move his septic system because it would impinge upon the setback requirements for the streams. Mr. Magill added that he had heard that Chapel Hill had asked the previous owner to destroy a shed because it was within the setback limits for the stream.
Environmentalist John E. French, of 105 Morgan Bluff Lane, read a prepared statement from his neighbor, biologist Richard Glasser, a Morgan Creek Road resident since 1961. Mr. Glasser wrote that the streambed behind his property collects water from the lands north and west of the proposed development. He said that he had observed many periods when the flow of water was continuous for two to three months, and that the streambeds are free of water only when there is no rainfall for long periods of time. Mr. Glasser wrote that the integrity of this natural drainage system deserves the Town's consideration.
Mr. French stated that he had also been required to reserve an RCD setback of 30 feet when he developed his land in 1988. He added that the full length had been considered a perennial steam on maps in plat books at least from 1947 to 1987. Mr. French emphasized that perennial streams were absolutely critical in the management of water quality. He explained that the natural purification process that occurs during the transition from ephemeral to intermittent stream is what helps maintain and protect the water quality in Morgan Creek and protects the watershed. Mr. French asserted that there was no part of this watershed that was too small to be protected.
Sally Greene introduced UNC biologist Seth Reice, an expert on watershed health and monitoring. Dr. Reice discussed his evaluation of the channel and the organisms that live there. Based on his analysis of samples that he took at five stations, he said, the stream meets all four of the Town's criteria for intermittent streams. Mr. Reice showed his data and displayed graphs. He concluded that the stream called Kings Mill Morgan Creek Intermittent Stream has a well-defined channel and a riffle pool sequence. The stream flows for several days after it rains more than .5 inches, and has a well-developed benthic macro invertebrate community, he said. Dr. Reice concluded that this was an intermittent stream by any reasonable definition, including that of the Town of Chapel Hill.
Council Member Harrison asked Dr. Reice about a marked-up page in his report. Dr. Reice explained that the page contained Mr. Royal's scoring sheet and that he had put his own scores beside them. He emphasized that Mr. Royal had seen the stream when it was dry. Council Member Harrison pointed out that the Town wants a definition that can be used any time of the year. Dr. Reice stated that the LUMO was written so that the score sheet need not be used, and even if one does use it, the stream still comes out as an intermittent stream under his observations and is clearly an intermittent stream by the Town's definition.
Laura Moore, of 614 Morgan Creek Road, said that three of her neighbors had donated their time to her. She said that the restraints on this site, which include slopes, setbacks, easements, and tree root protection zones, make Creekside's density excessive for this fragile site. Ms. Moore displayed a map of the buildable area with schematic footprints of two-story, 3,000 square foot homes superimposed on it. The map also showed the constraints, and Ms. Moore indicated that some of the homes would be too close to tree protection zones. She also expressed concern about stormwater management.
Ms. Moore pointed out that a staff comment in R-9a asks that the swales and storm drainage associated with that be placed in the right-of-way. If that is approved, she said, the right-of-way would increase, which would in turn decrease the lot sizes and push back the 50-foot setback, which is part of the neighborhood's restrictive covenants. Ms. Moore added that stipulation 13 in R-9a requires preservation of three trees during construction. This means that the road might need to be moved, she said, which would be a major change in design.
With regard to the RCD, Ms. Moore pointed out that the proposed stormwater piping would be where the stream is. If there is to be a 50-foot buffer, she said, the pipe, and consequently the road, will have to be moved. Ms. Moore remarked that these were the reasons why issues must be clarified before the plan is approved. She praised the stipulation that 75% of the trees must be protected but pointed out that the Town loses control over such things when lots are subdivided. She asked that the Town also study where tree roots go under proposed houses. Ms. Moore asked the Town Council to make a determination on intermittent versus ephemeral streams and not to approve the Creekside application until they resolve the issues of road placement and the stream.
Biologist and plant ecologist Johnny Randall, Director of Conservation at the NC Botanical Garden, noted that some of the oaks in the Creekside area were larger than 30 inches in diameter and were about 200 years old. Noting that the LUMO requires that significant trees and stands of trees be protected, he pointed out that both features exist on this site. Mr. Randall expressed concern about the road corridor and recommended that it be adjusted to protect three large trees. He also asked that utility lines avoid running through any significant tree stands, adding that it would be logical to run them down driveways. Mr. Randall offered his services as a tree protection consultant to the developer free of charge.
Mr. Randall noted that the developer had offered land to the Botanical Garden that would link to other conservation lands they already own. He emphasized that access to the site should be protected since all of the land up and down stream is private property with no permitted access. Mr. Randall praised the developers for accepting additional conservation agreements as a means of protecting slopes. He proposed that they also contribute $10,000 to a site conservation endowment that will generate approximately $500 per year for site stewardship.
Sally Greene, a member of the Steering Committee of the Morgan Creek Valley Alliance, said that the applicant's donation of land to the Botanical Garden would be a win-win situation for all. She stated, though, that the donation of Lot #1 for recreation would not work because the ordinance requires that to be flat, dry land and Lot #1 is "a swamp." Ms. Greene described the Morgan Creek area as one with much space for recreation and argued that conservation land would not be a poor substitute for recreation area in this case.
Mayor Foy verified with the Town Attorney that the Council could make the determination that the stream is intermittent based on the evidence they had heard. He pointed out that if the Council did make that determination then there would be problems with the plat as presented.
Mr. Karpinos recommended that, if the Council was considering such an action, they remand the item back to the staff and applicant and allow the applicant to consider redesigning his plan.
Mayor Foy stated that he thought there was considerable evidence that this was an intermittent stream. This was sufficient to ask that the plan be reworked, he said, but suggested that the Council discuss the issue.
Council Member Ward agreed that the Council should follow the Attorney's recommendation. He added that the Council should not, however, set a precedent for being the determiners of intermittent streams.
Council Member Strom agreed and noted that testimony had described this as a significant and spectacular home for trees. He requested a detailed conversation and consideration of tree preservation between the Town staff and applicant.
Council Member Strom moved, seconded by Council Member Kleinschmidt, to refer this back to the staff and the applicant to determine if the stream is intermittent, and to include discussion of tree preservation while tract is still in one unit, particularly with regard to the three large oaks.
Council Member Ward asked to amend the motion to include discussion of the street right-of-way, the impact on setbacks, and the three-foot wide drainage swales.
Council Member Strom suggested that the proposed amendment be brought up as a separate motion.
Mr. Horton recommended that the Council consider reopening the hearing on April 14, 2003.
COUNCIL MEMBER STROM AMENDED HIS MOTION TO INCLUDE THAT THE PUBLIC HEARING BE RECESSED TO APRIL 14, 2003. THE MOTION AS AMENDED WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO INCLUDE DISCUSSION OF THE STREET RIGHT-OF-WAY, THE IMPACT ON SETBACKS, AND THE THREE-FOOT WIDE DRAINAGE SWALES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 9 - Response to Petition from Chapel Ridge Apartments
Mr. Horton pointed out an error in R-10 and asked the Council to delete the following language from the final whereas: "…and for a right-in/right-out driveway restriction on Northfield Drive at Airport Road." This is not the staff's recommendation, he said.
Mr. Waldon explained that the Chapel Ridge SUP had been approved in November 2000, and that construction would soon be completed. At the time of approval there was to be one point of access through Brookstone Drive, he said. Mr. Waldon added a second point of access to Northfield Drive was planned to be built for emergency only until the Council had a chance to revisit that restriction. He reminded Council members that a group of citizens had asked them in October to consider lifting that restriction on Northfield Drive. The staff had brought back a report in November, Mr. Waldon said, but the Council had requested more information, which is what the staff was bringing back tonight.
Mr. Waldon said that the staff believed it was reasonable and desirable to have two points of access for Chapel Ridge and had recommended opening Northfield Drive. He pointed out that the developer had also offered traffic calming measures on Brookstone Drive. Mr. Waldon recommended adoption of R-10a, which would find that two means of access is desirable. The resolution would also accept the payment-in-lieu offer for construction of a speed hump on Brookstone Drive, direct the Manager to arrange for that to be installed, and authorize access to Chapel Ridge Apartments from Northfield Drive, he said. Mr. Waldon also pointed out the staff recommendation for a full turning movement intersection at Northfield Drive and Airport Road.
Paul Wilson, speaking for himself and the Lake Ellen Homeowners Association, reminded Council members that he had submitted documents to the Town that included a map showing all the driveways and streets along Airport Road. He described that section of the road as chaotic and dangerous, and opposed the idea of adding 550 more cars to this most dangerous spot, including those from Brookstone Apartments, which will use Northfield Drive. Mr. Wilson commented that the Town staff had not devoted much discussion to the four surrounding neighborhoods that will be affected. He asked that Northfield Drive be kept for emergency use only.
Ellen Place resident Robert Loomis described the hazards of trying to merge into traffic on Airport Road. He said that the proposed change would make that much worse by allowing unregulated turning in the area. Mr. Loomis acknowledged that the environment, costs, business effects, and neighborhood disruption were relevant issues, but stressed the importance of safety as well. He asked Council members to consider public safety and maintain the restriction on Northfield Road.
John McCormick, representing his business located on Northfield Drive, urged the Town Council to look carefully at the SUP stipulation that says, "access between Northfield Drive and this development shall be limited to emergency access only until such time as the Town Council approves measures to address the safety of turning movements along Airport Road." He noted that the previous Council had heard extensive testimony from many who had concerns and had added that wording in response to those concerns. Since none of the recommended measures had been put into effect, Mr. McCormick said, this should not even be before the Council. He urged Council members to take no action until they had used the same kinds of notification procedures that they would for a SUP modification.
Wendy Intrator, a Glen Heights resident, explained that traffic had become more hazardous and it is increasingly difficult to turn right onto Airport Road from her neighborhood. She asked Council members to consider these safety concerns.
Council Member Verkerk pointed out that the Council had targeted Airport Road to be the subject of a safety study. The Town was also applying for a grant from Design for Better Living to improve that road for pedestrians and bicyclists, she said.
Council Member Bateman added that Mr. McCormick had expressed well the former Council's position when they voted on this project. She asked if the Town could require the applicant to install a speed bump or two on Brookstone Drive.
Mr. Horton replied that it was too late to require the developer to install it, but the Council could instruct the staff to do so with Town funds. He noted that the applicant had agreed to build one speed table.
Council Member Bateman asked the staff to bring back a report on whether there were funds to do so, and asked that this be incorporated into the motion.
Council Member Harrison agreed that this was the only action the Council should take tonight.
Mayor pro tem Evans asked the staff to look at how to make that section of Airport Road safer. She stated that the Council had not taken the action regarding turning movement and suggested adding that to the motion as well.
Council Member Verkerk asked Mayor pro tem Evans if she did not want to wait for the results of the comprehensive study.
Mayor Foy pointed out that he and Council Member Bateman had brought a petition to the Council several months ago. He described it as inaccurate to say they had not done anything.
Mayor pro tem Evans stated that the grant from Design for Better Living would be focused on pedestrians and cyclists. The Council also needs to address concerns expressed by citizens regarding the center turning lane, she said.
Mayor Foy agreed, but stressed that he wanted to make sure that citizens were not under the misapprehension that the Council had not done anything.
Council Member Kleinschmidt agreed with the staff's recommendation that two entrances into Chapel Ridge would be desirable, but added that he could not imagine doing it this way. He asked if it was possible to get the NCDOT to study that area now that development has occurred. Mr. Horton replied that he had no idea how to get DOT to do anything other than what they have said they will do, and they have said they will look at it again if there is a significant change. He remarked that the Town has no way of knowing what DOT considers a significant change. Mr. Horton said the only way to make this happen was to keep going back and presenting the data to DOT. He agreed with Mayor Foy that the Town has sought approval from DOT for a number of different ideas, but they seem interested in preserving the roadway as it is. Mr. Horton explained that the Active Living by Design grant could be a springboard to demonstrate that there was some value in creating better conditions for pedestrians. Getting more pedestrians to use public transportation would reduce the number of cars in the area, he said.
Council Member Bateman wondered if the legislative delegation might be interested in talking about this with DOT, noting that this had been an issue for four years now.
Mayor Foy expressed optimism that Active Living by Design might yield some success.
Council Member Harrison commented that it had been his experience and that of others that the only time DOT moves signalization projects along is when there is a fatality.
Council Member Wiggins called the question.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO TAKE NO ACTION PENDING THE ACTIVE LIVING BY DESIGN OUTCOME OR WHATEVER OUTCOME THE TOWN DESIGNS AS A MUNICIPALITY, AND TO REQUEST A REPORT REGARDING TRAFFIC CALMING DEVICES FOR BROOKSTONE DRIVE AND A REQUEST FOR PAYMENT-IN-LIEU. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Ward recommended that maps included in the Manager's report incorporate the effects that opening Northfield Drive would have on a wider area along Airport Road. He also said that the increased trip numbers did not seem to include Brookstone residents. Mr. Horton agreed to convey those questions to the Town traffic engineer and to ask him to give Council Member Ward a call.
Mayor pro tem Evans agreed with Council Member Kleinschmidt that there should be two access points for Chapel Ridge. She suggested that the Town do everything it can to lessen the impact on Brookstone Apartments.
Item 10 - Town Council Goals for 2003 and Proposed Revision to the
Implementation Schedule of the Comprehensive Plan
Mr. Horton noted that the Council had undertaken a process to ensure that its principle goals closely correlate with implementation of the Comprehensive Plan. The staff shaped these into goal statements, he said, and is proposing a draft that would establish a new plan for implementing the Comprehensive Plan. Mr. Horton then summarized the three related resolutions:
· R-11a would adopt the Town Council goals for 2003 and establish a challenging work program for the Council and staff.
· R-11b would refer the draft revised Comprehensive Plan Action Plan to the Planning Board and other advisory boards for comment prior to consideration by the Council.
· R-11c would initiate the process of developing a neighborhood conservation district for the Northside neighborhood, one of the Council's highest priority goals for 2003 based on vote tallies at the Council's January 17, 2003 planning session.
Mayor Foy commented that he thought all had agreed that the Design Manual was a top priority. Yet, it shows as a second priority in the staff report, he said. Mr. Horton replied that the staff had already started work on revising the design manual and had given it exceptionally high priority in the absence of Council guidance. He added, though, that the Council could raise it on the priority list so there would be no question about it.
Mayor Foy, pointing out that updating the manual was first on the second list of priorities, suggested moving it up to the first list. Mr. Horton pointed out that the staff's completion date for the Design Manual was the fourth quarter of this year. He said he hoped that indicated they understood the Council's intent.
Mayor pro tem Evans suggested combining the first and second priority lists and making the third one a second list. Mr. Horton asked to have a chance to look at the lists before doing that, but added that it would not matter as long as the Council did not change the implementation dates.
Mayor Foy recommended moving only the Design Manual to the first list, for the sake of clarity.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-11A AS AMENDED. THE MOTION PASSED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING TOWN COUNCIL GOALS FOR 2003 (2003-02-24/R-11a)
WHEREAS, the Town Council developed a list of proposed goals and priorities for 2003 at the Council’s January 17, 2003 Planning Session, using the Comprehensive Plan Action Plan as a basis; and
WHEREAS, the Council desires to integrate the implementation of the Comprehensive Plan into its quarterly review of progress;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the 2003 Council Goals and Implementation Plan as described in Attachment 1 of this memorandum.
This the 24th day of February, 2003.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-11B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REFERRING Proposed revision of comprehensive plan action plan TO TOWN ADVISORY BOARDS FOR COMMENT (2003-02-24/R-11b)
WHEREAS, the Town Council has used the Comprehensive Plan as a policy guide since Council adoption of the Plan on May 8, 2000; and
WHEREAS, the Town has made progress implementing the Comprehensive Plan Action Plan since the Plan’s adoption; and
WHEREAS, the Council has adopted goals for 2003 that represent new initiatives to be added to the Comprehensive Plan Action Plan and require amending the schedule for implementing existing Action Plan initiatives;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers for comment and recommendations the Proposed Revision of the Comprehensive Plan Action Plan (as described in Attachment 2 of this memorandum) to the Planning Board as the principal advisory board with responsibility for developing the Town’s Comprehensive Plan, and to the following advisory boards:
· Bicycle and Pedestrian Advisory Board
· Community Design Commission
· Greenways Commission
· Historic District Commission
· Housing and Community Development Advisory Board
· Human Services Advisory Board
· Library Board
· Million Solar Roofs Committee
· Parks and Recreation Commission
· Transportation Board.
This the 24th day of February, 2003.
With regard to R-11c, Council Member Bateman inquired about the date for establishing the Northside Neighborhood Conservation District. She thought this would be addressed along with the duplex issue in late May, she said. Mr. Horton replied that the staff would have information regarding duplexes ready for the Council by June 30th. The entire Northside Neighborhood Conservation District set of issues are scheduled for completion by December, he said, but some will be completed earlier.
Council Member Bateman wondered if there would be a response in May to this "most burning issue." Mr. Horton replied that the sunset date for the duplex issue will be June 30, 2003. He pointed out that other related issues would of necessity come back before that.
COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-11C. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION initiating the process of developing a neighborhood conservation district for the Northside neighborhood (2003-02-24/R-11c)
WHEREAS, the Comprehensive Plan has a goal of protecting the physical and social fabric of Chapel Hill’s neighborhoods; and
WHEREAS, the Comprehensive Plan called for selecting the Northside neighborhood for a residential small area planning process and called for developing local design guidelines as part of the planning process; and
WHEREAS, the Town’s new Land Use Management Ordinance includes provisions for creation of overlay zoning districts for older neighborhoods and several neighborhoods in order:
· to promote and provide for economic revitalization and/or enhancement
· to protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor;
· to protect and enhance the livability of the Town;
· to reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development; and,
· to stabilize property values;
· to provide residents and property owners with a planning bargaining tool for future development;
· to promote and retain affordable housing;
· to encourage and strengthen civic pride; and
· to encourage the harmonious, orderly and efficient growth and redevelopment of the Town.
WHEREAS, the Northside neighborhood representatives have requested that the Council consider initiating a neighborhood conservation district planning process for their neighborhood;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to initiate the process of designating Northside as a Neighborhood Conservation District in accordance with Section 3.6.5 of the Land Use Management Ordinance.
This the 24th day of February, 2003.
Item 11-Reports regarding Parking Lots 2 and 5
11a. Principles and Priorities for use of Parking Lots 2 and 5
Long Range Planning Coordinator Chris Berndt discussed two reports regarding Town Parking Lots 2 and 5 and outlined the history as follows:
· Concept came from the Comprehensive Plan and the Downtown Small Area Plan.
· Results of February/March 2002 Design Workshops reported to Council in May 2002.
· June 10, 2002, Work Session: Council appointed committee to look further at developing Lots 2 and 5.
· Committee met four times in fall of 2002.
Ms. Berndt explained that the staff was presenting the Committee's work in a document called "Principles and Priorities for Use of Parking Lots 2 and 5." This document sets forth general guidelines for future development of Parking Lots 2 and 5, she said. Ms. Berndt explained that the Committee had suggested refinements to the four basic principles that the Council had adopted at its June 10, 2002 work session. The Committee was also recommending general policies to guide creative development for the priorities, she said.
Ms. Berndt pointed out that the Manager's report gives two options for proceeding. One would involve additional planning through the formation of an Urban Design Assistance Team. The other would solicit development proposals. Ms. Berndt outlined four approaches to soliciting proposals:
· Hire an Economic Development Consultant, who would help solicit proposals
· Request Letters of Interest and Qualifications from interested firms
· Request Preliminary Proposals, which is a Request for Qualification plus a Concept Plan
· Request Proposals
Ms. Berndt recommended that the Council consider the first option and hire a consultant.
Mr. Horton added that the Council Committee's discussion indicated a clear desire to move ahead with this and to examine projects that were economically feasible. He proposed engaging an economic development consultant, who would bring strengths that Town staff does not have. Mr. Horton said that having a consultant assist with proposals would better insure that the Council receives proposals that reflect its principles and goals. The consultant would help with evaluating feasibility and negotiating a good contract that makes sense for the community, he said. Mr. Horton described hiring a consultant as moving ahead in a way that keeps the Council in control while developing ideas that people would be willing to spend their money on. If the Council is interested, Mr. Horton said, the staff would solicit proposals and bring in candidates for consideration.
Mayor pro tem Evans moved, seconded by Council Member Strom, to adopt R-12.
Council Member Harrison asked how long it would take to engage a consultant. Mr. Horton replied that it would take three to four months, with the goal of having it in place prior to the Council's summer break.
Council Member Ward inquired about cost. Mr. Horton replied that the staff would research that based on the experience of other communities.
Mayor Foy, noting that the Council had received much information from the Sierra Club, suggested that the Town acknowledge that by including them in the planning.
Mayor pro tem Evans asked about adding Village Products.
Council Member Verkerk inquired about adding SEEK.
Mayor Foy recommended keeping it simple, and including just the Sierra Club for now. There was no objection.
A RESOLUTION APPROVING PRINCIPLES AND PRIORITIES FOR USE OF PARKING LOTS 2 AND 5 (2003-02-24/R-12)
WHEREAS, the Town Council appointed a Committee on Parking Lots 2 and 5 to develop options and parameters for the future development of Parking Lots 2 and 5 in downtown Chapel Hill; and
WHEREAS, the Town Council has reviewed the principles and priorities as identified by the Committee;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the document, “Principles and Priorities for Use of Parking Lots 2 and 5” as contained in Attachment 2 of the Memorandum from the Council Committee on Parking Lots 2 and 5 dated February 24, 2003, for use by the Town Council in a process of soliciting financially feasible development proposals for the sites.
This the 24th day of February, 2003.
11b. Town Parking Lots Number 2 and 5
Council Member Strom informed the Council that he had learned, while chairing this Committee, that there was much they did not know about how to take advantage of the opportunities for these two lots. He commented that everyone agreed that these were "signature, marquee opportunities" that could dramatically impact the entire community. Council Member Strom praised the Manager's "astute recommendation" to find a consultant to work on the team.
COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-13A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO DEVELOP A REQUEST FOR PROPOSALS FOR SERVICES OF AN ECONOMIC DEVELOPMENT CONSULTANT (2003-02-24/R-13a)
WHEREAS, the Comprehensive Plan and Downtown Small Area Plan identify Town Parking Lots 2 and 5 as key redevelopment sites; and
WHEREAS, more than 100 people have participated in design workshops which provided opportunities for public input on the future use of Parking Lots 2 and 5 in the spring of 2002; and
WHEREAS, the Council has established principles and priorities for development of Town Parking Lots 2 and 5; and,
WHEREAS, the Town would require the assistance of an economic development consultant to help plan and manage the options for proceeding with the development of Town Parking Lots 2 and 5 and help represent the Town’s interests in any development agreement;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to develop a Request for Proposals for Consultant Services to retain the services of an economic development consultant for consideration by the Town Council.
This the 24th day of February, 2003.
Item 12 - Council Committee Report on Sustainability,
Energy, and Environment
Council Member Verkerk explained that this Committee had reached an impasse over whether to proceed with an energy coordinator or an energy committee. She asked to bring David Konkle, the energy expert from Ann Arbor, Michigan, to Chapel Hill, at a cost of $1,750, to participate in a work session.
Mayor Foy noted a misprint on O-1, which showed the revised budget being the same as the current budget. Mr. Horton agreed that the revised budget should be changed to $252,047 to reflect the additional $1,750 for Mr. Konkle.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ENACT O-1. 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, 2002” (2003-02-24/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, 2002” as duly adopted on July 26, 2002, be and the same is hereby amended as follows:
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ARTICLE I |
||||
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|
|
|
|
|
|
APPROPRIATIONS |
Current Budget |
Increase |
Decrease |
Revised Budget |
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|
|
|
|
|
|
GENERAL FUND |
|
|
|
|
|
Non-Departmental |
|
|
|
|
|
Contingency |
10,829 |
|
1,750 |
9,079 |
|
|
|
|
|
|
|
Mayor/Council |
250,297 |
1,750 |
|
252,047 |
This the 24th day of February, 2003.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION SEEKING ORANGE COUNTY ASSEMBLY OF GOVERNMENTS DISCUSSIONS ON COUNTY-WIDE EMISSIONS INVENTORY/ACTION PlAN (2003-02-24/R-14)
WHEREAS, on August 23, 1999, the Town Council adopted a resolution to join the Cities for Climate Protection Campaign and develop a local action plan for reducing greenhouse gas emissions, contingent on securing grant funds; and
WHEREAS, on October 22, 2001, the Council adopted a resolution requesting the Orange County Board of Commissioners and the Carrboro Board of Aldermen to authorize their Managers to work jointly with Chapel Hill staff to obtain a funding source and prepare a countywide emissions reduction plan once funding becomes available; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Mayor ask Orange County to place the topic of conducting a County-wide emissions inventory and greenhouse gas reduction plan on the agenda of the April 2003 Orange County Assembly of Governments meeting.
This the 24th day of February, 2003.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-15. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A Resolution changing the name of the proposed energy, environment, and sustainability committee (2003-02-24/R-15)
WHEREAS, the Council on April 22, 2002, established a Council committee to develop a charge for an Energy, Environment and Sustainability Committee; and
WHEREAS, the Council Committee recommends changing the name of the committee to “Sustainability, Energy, and Environment Committee,”
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council Committee and any future citizen’s committee be called the Sustainability, Energy, and Environment Committee.
This the 24th day of February, 2003.
Item 12.1 - Appointment to the Town Operations Center
Design Advisory Committee
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Council Members |
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Town Operations Center Design Advisory Committee |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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|
Janet Kagan (Public Arts Commission) |
X |
X |
X |
X |
X |
X |
|
X |
X |
8 |
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|
Polly van de Velde (CDC) |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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|
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The Council appointed Janet Kagan from the Public Arts Commission, and Polly van de Velde from the Community Design Commission, to the Town Operations Center Design Advisory Committee.
Item 13 - Petitions
13a. By the Mayor and Council Members.
Council Member Bateman reminded Council members that Columbia Place residents had come before them regarding the change in occupancy limits and its effect on their parking shortage, street congestion, and other issues. She asked the staff to present some solutions to the four specific problems of that neighborhood.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO REFER THE REQUEST FROM COLUMBIA PLACE RESIDENTS TO THE MANAGER FOR SOLUTIONS TO FOUR SPECIFIC ISSUES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Strom noted that he had brought an orange, street-crossing flag back from a National League of Cities meeting in Salt Lake City. He asked the Council to refer his information on that program to the Bicycle and Pedestrian Advisory Board and the Transportation Board for a report back to the Council on the applicability of this type of program in Chapel Hill.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REFER THE ORANGE FLAG PEDESTRIAN PROGRAM TO THE BICYCLE AND PEDESTRIAN ADVISORY BOARD AND THE TRANSPORTATION BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Ward requested that the anachronistic signs prohibiting parking on sidewalks in Town be removed.
Council Member Wiggins asked if the problem prompting the signs had been eliminated. Mr. Horton replied that there were only isolated cases, and the signs were most likely no longer necessary.
Mayor Foy asked if the Manager had any objection to the motion, and Mr. Horton replied that he did not.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO REMOVE ANY AND ALL REMAINING TRAFFIC SIGNS THAT PROHIBIT PARKING ON SIDEWALKS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting adjourned at 10:05 p.m.