SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, APRIL 28, 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, and Edith Wiggins.

 

Council Member Jim Ward was absent, excused.

 

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Housing Director Tina Vaughn, Traffic Engineer Kumar Neppalli, Finance Director Jim Baker, Library Director Kathy Thompson, Planning Director Roger Waldon, Police Chief Gregg Jarvies, Stormwater Engineer Fred Royal, Senior Long Range Planning Coordinator Chris Berndt, Transportation Planner David Bonk, Principal Community Development Coordinator Loryn Barnes, and Town Clerk Joyce Smith.

 

Item 1 - Ceremonies

 

In celebration of National Volunteer Week, Mayor Foy thanked the many volunteers who provide support for the Town's non-profits and those who serve on advisory boards and committees.  He encouraged citizens to take time and volunteer on behalf of a good cause.

 

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.  Kimberly Brewer requesting traffic calming devices on Purefoy Road.

 

Ms. Brewer read the petition, explaining that Purefoy Road had become progressively more dangerous, and asked for speed humps as a means of traffic calming for Purefoy Road

 

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

2.      Dr. Harvey Krasny requesting restrictions on northern parking lot of Marriott Residence Inn. 

 

Harvey Krasny, resident of Summerfield Crossing, asked that the Residence Inn developer be asked to agree that no buses, truck, RVs, mobile homes, trailers, or other similar vehicles be allowed, even temporarily, in the hotel's northern parking lot.  The exception to this would be the Town's vehicles and emergency vehicles needed for temporary access to that area, he said.  Dr. Krasny explained that he was concerned about air pollution and run-off into the northern drainage swale that runs by his property.  He asked for a signed consent agreement to ensure that this will be a mutual understanding that is more than a handshake.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

3.      Niko J. Paliouras, Chair of Services to Property Owners Committee, Downtown Commission, requesting extension of Streetscape to Carrboro town limits. 

 

Mayor Foy explained that he had talked with Mr. Paliouras regarding this petition.  He said Mr. Paliouras had asked what the Town's plans were for Rosemary Street, with regard to public investment for sidewalks and other improvements.  Mayor Foy said that Mr. Paliouras also wanted to know what the requirements would be for developers. 

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

4.      Eric Plow, Northwood V resident, regarding opposition to a petition from Parkside residents to install speed bumps. 

 

Mr. Plow asserted that a request for traffic claming in Parkside had been approved without anyone in Northside V knowing about it.  He explained that the person who made the request to the Council had said that he was representing both neighborhoods, but to his knowledge no one at Northwood V had given the person authorization to speak on their behalf.  Mr. Plow argued that this alone should be enough reason to negate the speed humps and stop signs in Northwood.  He added, though, that he had received a good response to a petition he had sent to the neighbors even though he had no meetings with them and had done no canvassing.  Mr. Plow said that a majority of people in Northwood V would not want traffic calming devices, and since there are limited funds for these measures, the Council should only give them to neighborhoods that want them.  He suggested that the Council give the speed humps to the Purefoy Road neighborhood (petitioner #1), with Northwood's blessing.

 

Council Member Bateman asked if the Town conducts surveys in neighborhoods before putting in speed humps.  Kumar Neppalli, Traffic Engineer, replied that the Town does not normally do so when the request for comes from a homeowners association, which is what he believed had happened in this case.  Council Member Bateman suggested making sure that others in the Purefoy Road neighborhood agree with the three people who had brought that petition.  Mr. Horton agreed, adding that they could also begin to do routine surveys in the areas most affected.

 

Council Member Harrison confirmed with Mr. Horton that the Mason Farm Road calming devices had been put in as a result of a University development study.  Mr. Horton replied that they had been built by the Town and agreed to as a part of the development plan approval.  He agreed to provide the Council with information regarding that. 

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

3b.  Petitions by citizens on items on the agenda.  None

 

3c.  Announcements by Council members.

 

Council Member Bateman said she had received phone calls and emails from citizens regarding a disruption that occurred following the March 27 Apple Chill street fair.  She suggested that citizens take those concerns to the Street Fair Review Committee.  Mr. Horton stated that the next Committee meeting would be a public forum on May 13, at 7:00 p.m., in the Council Chamber.

 

Item 4 - Consent agenda

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-04-28/R-1)

 

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

 

 

a.

Adoption of Minutes of February 24, 26 and 28, and March 3, 5 (Work Session and Business Meeting), 17 and 24, 2003.

 

b.

Nominations to the Community Design Commission, Orange Water and Sewer Authority Board of Directors, and Planning Board (R-2).

 

c.

On-Street Parking Regulations in Columbia Place Neighborhood (O-1a and O-1b).

 

d.

Application for Federal Assistance under the Disaster Relief Act (R-3).

 

e.

Ordinance Authorizing Securing of a House and Clearing of Property Located at 7 Woodhaven Road (O-2a and O-2b).

 

f.

Updated Flat Rents for the Public Housing Program (R-4).

 

g.

Request for Authorization to Acquire Property for the West Rosemary Street Parking Lot (R-5).

 

This the 28th day of April, 2003.


 

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-04-28/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:

 

Community Design Commission

Rebecca Boyles

Chris Culbreth

Laura Moore

Nancy Morton

Scott Nilsen

Amy Ryan

 

Orange Water and Sewer Authority Board of Directors

Kevin Beasley, Sr.

Milton Heath, Jr.

Gholam Mainuddin

 

Planning Board

Gary Barnes

Rebecca Boyles

Richard Killingsworth

Martin Rody

Collene Rogers

 

This the 28th day of April, 2003.

 

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2003-04-28/O-1a)

 

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

 

Section 1.  Section 21-27.8 of the Town Code of Ordinances, “No parking anytime except by residential permit.” is hereby amended by adding the following in appropriate alphabetical order:


Street                                     Side                 From                                       To

Columbia Place Drive               Both                 50 Feet North of          50 Feet South of

                                                                        North Columbia            Columbia Place East

                                                                        Street                           and West

 

Columbia Place East                 Both                 50 Feet East of             Its End

                                                                        Columbia Place           

                                                                        Drive

 

Columbia Place West               Both                 50 Feet West of           Its End

                                                                        Columbia Place           

                                                                        Drive

 

 North Columbia Street East                  50 Feet North of          325 Feet West of

                                                                        Longview Street           Columbia Place

                                                                        Drive”

 

Section 2.  This ordinance shall become effective June 2, 2003.

 

This the 28th day of April, 2003.

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2003-04-28/O-1b)

 

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

 

Section 1.  Section 21-27 of the Town Code of Ordinances, "No parking as to particular streets:" is hereby amended by inserting the following therein the appropriate alphabetical order:

  

Street                                     Side                 From                                        To

 

Columbia Place Drive               Both                 North Columbia            A Point 50 Feet North

                                                                        Street                           of North Columbia Street

 

Columbia Place Drive               Both                 Columbia Place            A Point 50 Feet South

                                                                        East and West              of Columbia Place

                                                                                                            East and West

           

 

Columbia Place East                 Both                 Columbia Place            50 Feet East of            

                                                                        Drive                            Columbia Place           

                                                                                                            Drive

 


Columbia Place West               Both                 Columbia Place            50 Feet West of          

                                                                        Drive                            Columbia Place           

                                                                                                            Drive

 

 North Columbia Street East                  Columbia Place            50 Feet West of

                                                                        Drive                            Columbia Place

                                                                                                            Drive

 

North Columbia Street  East                  Columbia Place            50 Feet South of

                                                                        Drive                            Columbia Place

                                                                                                            Drive”

 

Section 2.  This ordinance shall become effective June 2, 2003.

 

This the 28th day of April, 2003.

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A DESIGNATION OF APPLICANT’S AGENT REQUIRED FOR APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY FUNDS (2003-04-28/R-3)

 

WHEREAS, the Federal Emergency Management Agency (FEMA) has funds available for costs related to natural disasters; and

 

WHEREAS, the Town of Chapel Hill incurred damage from the snow/ice storm that occurred on February 26, 2003; and

 

WHEREAS, FEMA requires that any locality seeking intergovernmental assistance must authorize its agent to sign the “Designation of Applicant’s Agent”;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute the “Designation of Applicant’s Agent” agreement for the purpose of applying for FEMA funds related to the snow and ice storm that occurred on February 26, 2003.

 

This the 28th day of April, 2003.

 

 

 

AN ORDINANCE DIRECTING THAT THE BUILDING INSPECTOR PROCEED TO EFFECTUATE THE PURPOSE OF CHAPTER 9, ARTICLE 2 OF THE CHAPEL HILL CODE OF ORDINANCES AS THEY APPLY TO THE DILAPIDATED HOUSE AT 7 WOODHAVEN ROAD: TAX MAP NUMBER 7.43.B.7, INCLUDING HAVING THE STRUCTURE SECURED AND A LIEN FOR THE COST OF DEBRIS REMOVAL AND SECURING THE STRUCTURE PLACED ON THE PROPERTY (2003-04-28/O-2a)

 

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF CHAPEL HILL as follows:

 

Section 1.  Findings.

 

A.  The Council finds, based on the report of the Town Manager dated March 24, 2003, that the Chapel Hill Inspections Department has taken the procedural steps required by Chapter 9 of the Town of Chapel Hill Code of Ordinances with respect to the residential structure at 7 Woodhaven Road, Chapel Hill (TMBL # 7.43.B.7) prior to adoption of this Ordinance.

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

C.  The Council finds that the Inspections Department conducted a hearing for the purposes of determining whether the property at 7 Woodhaven Road is unfit for human habitation and deteriorated.

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

E.   The Council finds that the owner has failed to comply with the Order issued by the Inspections Department on February 13, 2002, to have the structure repaired or demolished and all debris removed and that the time period established to comply with that order or appeal that Order has expired.

 

Section 2.  Order.

 

IT IS THEREFORE ORDERED, pursuant to Section 9-25 (b) of the Chapel Hill Code of Ordinances, that the Chapel Hill Building Inspector shall have the dilapidated residential structure at 7 Woodhaven Road secured and the yard cleared of debris and a lien placed on the property for the cost of the work.

 

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

 

This the 28th day of April, 2003.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002” (2002-04-28/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, 2002” as duly adopted on July 26, 2002, be and the same is hereby amended as follows:

 

 

 

 

 

 

 

APPROPRIATIONS

Current

Budget

 

Increase

 

Decrease

Revised

Budget

 

 

 

 

 

GENERAL FUND

 

 

 

 

 

 

 

 

 

    Non-Departmental

19,579

 

17,000

2,579

          Contingency

 

 

 

 

 

 

 

 

 

    Agency Contributions

637,203

12,000

 

625,203

 

 

    Inspections

727,100

4,000

 

731,100

 

 

 

 

 

    Mayor/Council

250,297

1,000

 

251,297

 

 

 

 

 

 

This the 28th day of April, 2003.

 

 

A RESOLUTION APPROVING FLAT RENTS FOR THE PUBLIC HOUSING PROGRAM (2003-04-28/R-4)

 

WHEREAS, the U.S. Department of Housing and Urban Development requires that flat rents be established for the public housing apartments in accordance with the Quality Housing and Work Responsibility Act of 1998; and

 

WHEREAS, the Quality Housing and Work Responsibility Act of 1998 requires that public housing residents be given a choice of either paying an income-based rent or a flat rent; and

 

WHEREAS, the U.S. Department of Housing and Urban Development requires that flat rents be updated annually;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following flat rents for the public housing program.

 

 

 

Public Housing Neighborhood

 

 

   Bedroom     

 

Size

 

 

 

1

2

3

4

5

Airport Gardens

 

$414

$518

 

 

Caldwell Street

$356

$419

 

 

 

Colony Woods West

 

$414

$518

$580

 

Craig/Gomains

$356

$419

$524

$587

$675

Eastwood

 

$445

$556

 

 

Lindsay Street

 

$511

$639

 

 

North Columbia Street

$335

$394

 

 

 

Oakwood

 

$435

$543

 

 

Pritchard Park

 

$511

$639

$716

 

Rainbow Heights

 

 

$614

 

 

South Estes Drive

 

$394

$492

$551

$634

South Roberson

$330

$389

 

 

 

Trinity Court

 

$389

$486

 

 

 

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to review the flat rents annually and make necessary updates based on changes in reasonable market values of the public housing apartments in accordance with federal regulations.

 

This the 28th day of April, 2003.

 

 

A RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY LOCATED AT THE CORNER OF WEST ROSEMARY STREET AND SUNSET DRIVE, TAX MAP 7.93.L.18 (2003-04-28/R-5)

 

WHEREAS, the Town provided $35,000 of Community Development funds to the Town of Carrboro to construct a municipal parking lot on the corner of West Rosemary Street and Sunset Drive; and

 

WHEREAS, the owner of the property has accepted the Town of Chapel Hill’s offer to purchase the property for $80,000;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes acquisition of property located at the corner of West Rosemary Street and Sunset Drive (Tax Map 7.93.L.18). 

 

BE IT FURTHER RESOLVED that the Council authorizes use of Community Development Neighborhood Revitalization funds for this purchase.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to execute documents related to the acquisition of this property. 

 

This the 28th day of April, 2003.

 

 

Item 5 - Information items

 

Mayor pro tem Evans removed 5d, Response to Petition from Chapel Hill-Carrboro School Board.

 

Council Member Harrison removed 5c, Follow-up on WCHL/The Peoples Channel Simultaneous Programming Petition.

 

Council Member Strom removed 5b, Response to Citizen Questions about Time Warner Service.

 

Mayor Foy suggested discussing 5d, Response to Petition from Chapel Hill-Carrboro School Board, at this point in the meeting because the School Superintendent and several members of the School Board were present.

 

Mr. Waldon explained that the School Board had brought a petition expressing interest in a piece of property that the Council had recently seen as a concept plan called Chapel Watch.  He noted that the Council had looked at the School Board's petition and asked the staff to follow up on procedural questions.  Mr. Waldon said the answers to those questions were in tonight's report.

 

Gloria Faley, Vice-Chair of the School Board, reaffirmed the Board's petition to the Town to consider its need for a school site on this property, which is owned by Gary Buck.  She explained that a high school for 1,000 students needs to be built by 2005, and the County Commissioners had not yet approved their request to purchase the Rock Haven site.  Ms. Faley noted several other school projects that must be built over the next few years as well.  She said the Board had asked that at least three schools be identified for the Eubanks Road site, and asked the Council to give them the opportunity to acquire this site for a future school.

 

Mayor pro tem Evans pointed out that County-owned land adjacent to the Greene site was now available because the County Commissioners had decided not to use it for a transfer station.  She also noted the opportunity for a school site at Carolina North.  Mayor pro tem Evans asked if the School Board looks at having a "critical mass" when planning a site.  She pointed out that having the Chapel Watch development on that site would provide a source of children who could walk to school.  Ms. Faley replied that they look at a number of factors, such as land topography and the Resource Conservation District (RCD).  She noted that there was already quite a bit of development for elementary levels at the northern end of the County.

 

Mayor Foy clarified that Ms. Faley was asking the Town to delay taking any action with regard to the Gary Buck property while the School Board is determining whether it wants to purchase the property.  Ms. Faley added that this decision would include the Town Council and the County Commissioners as well.  Mayor Foy inquired about a timeframe.  Ms. Faley replied that the Board was hoping to reach a decision in May.

 

Council Member Bateman proposed that the public’s interest would be best served if the Council publicized that they were allowing the School Board to look at this site, and would not rezone it until the Board had made a judgment.  She recommended polling Council members regarding this and deciding how to convey their sentiments to the developer and the School Board.

 

Mayor Foy recommended getting advice from the Town Manager and the Town Attorney about how the Town should proceed and how it might work with the School Board on this.

 

Council Member Bateman acquiesced, but noted that she had previously asked for direction on how the Town might get enabling legislation that would put the same provisions on Special Use Permits (SUPs) as they have on subdivision applications.  Mr. Karpinos replied that Council Member Bateman was correct that it would require legislation to do so, but that would mean next year.  At this point the Town needs to look at other issues that can be addressed, Mr. Karpinos said.  He noted that a change in the law would be required to allow the Town to put the same provision on SUPs as it has on subdivisions. 

 

Mayor Foy noted that there were blank bills, but Mr. Horton and Mr. Karpinos pointed out that the deadline was three days away.

 

Mayor Foy agreed with Council Member Bateman that there was time for the School Board and the County Commissioners to reach some conclusion about this property before the Town has to take any action.  He suggested finding out how to facilitate that and whether the Town should communicate something about this to the property owner.

 

Council Member Harrison commented that he thought Chapel Hill was the only jurisdiction that had any provision like using the Comprehensive Plan to reserve a site.  He added that every jurisdiction and every school district across the county should have that.  Council Member Harrison remarked that this might be a good subject to bring up at the Assembly of Governments meeting, scheduled the following night.

 

Mayor pro tem Evans asked if the School Board had contacted the property owner.  Ms. Faley said they had, and that Mr. Buck had not been interested in selling to the school system.  Mayor pro tem Evans asked if they had done so since the Council recently reviewed a concept plan for the site.  Ms. Faley replied that the School Board had left messages for Mr. Buck.

 

Mr. Horton stated that the staff's mission was clear, and they would advise the Council on how to pursue these objectives in a lawful and effective manner.  He said he would bring a report back on May 12, 2003, with proposals that would do both of those things. 

 

Mayor Foy confirmed that the staff would notify the School Board of its recommendation the day after it notifies the Council.

 

Council Member Strom asked if there were any steps the Town could take to have Orange County adopt Chapel Hill's 2000 Comprehensive Plan map.  Mr. Horton replied that he hoped the Council would urge the County Commissioners to do so when they meet with them the following evening.

 

Regarding Item #5b, Response to Citizen Questions about Time Warner Service, Harvy Krasny stated that his concern with Time Warner Cable was not about its product but is about its services, such as bundling, pricing, and requiring customers to switch over to digital.  He suggested that the Town be proactive in finding out about other services and costs. 

 

Council Member Harrison explained that he had meant to pull this item rather than 5c.  He thanked the Manager and staff for their March 31 letter to Time Warner, in which they pointed out that the estimate of customers in his neighborhood had been off by 1200% and those people had yet to see Council meetings live on cable television.  Council Member Harrison commented that citizens might have to go to the Federal Communications Commission. 

 

Council Member Strom asked which citizen groups had reviewed the Time Warner franchise.  Mr. Horton replied that the Council had adopted the franchise arrangements after full public hearings with comments by groups including the People's Channel formative board.  He remembered a degree of frustration, he said, over the perception that the Federal Communications Commission (FCC) had unleashed the cable companies to do virtually as they pleased with almost no regulatory authority at the local level.  Mr. Horton pointed out that the Council can only regulate the fee charge for the basic level of service, and as long as Time Warner does that in accordance with the rules of the game, there is not much with regard to fees that can be done.  He added that by law, the Council has no say in programming, and no ability to determine what kind of equipment is required above the basic service level. 

 

Council Member Strom summarized that the only authority the Town has then is to offer incentives to other companies to come in as competition.  Mr. Horton replied that any economic incentives would have to be offered to everyone, including Time Warner.  Council Member Strom requested that any information about possible competition be brought to the Council.  Mr. Horton pointed out that the staff would do so because everyone could benefit.  He remarked that the federal government had, in effect, created an unregulated monopoly that frustrates citizens on a regular basis.

 

Mayor pro tem Evans noted that the Council had discussed this before and had probably looked at every option.  She noted that one Town, perhaps Hickory, had started its own cable company.  Mayor pro tem Evans concluded that the only thing that can be done is to continue letting Time Warner know about the continued dissatisfaction.

 

Item 6 - Submittal of Manager’s Recommended 2003-04 Budget

and 2003-18 Capital Improvements Program

 

Mr. Horton explained that he would present the budget tonight with the expectation that the Council would resume discussions again, beginning at the next budget work session scheduled for the upcoming Wednesday night.  He reviewed the budget process that had begun in January 2003, and which will end with adoption of the budget scheduled for June 9, 2003.  Mr. Horton noted that the new budget format provides a base budget estimate as well as options for the Council's consideration.  He said the base budget would require a tax rate of about 45 cents in the General Fund and would continue operations at a tax rate lower than the current rate. 

 

Mr. Horton explained that the Transportation Fund base budget would require an increase of 6 cents in order to continue basic operations.  If the Council takes the staff's recommendation to add certain items above the base budget, he said, then they could adopt a tax rate of 52 cents in the General Fund and continue the base budget in Transportation at 4.9, which would give a rate of 55.1 cents.  Mr. Horton said the recommended additions to the Transportation Fund were mainly a response to additional services being provided and they mainly focus on maintenance improvement and better fiscal management.  He stated that the staff would then recommend a 5.1 cents tax rate in the Transportation Fund and that would mean a total rate of 55.3, which is still at the current level.

 

Mr. Horton told Council members that these were the figures he had been working with until the previous Friday, when he had received figures from the Human Services Director, Pam Eastwood.  Ms. Eastwood's study had shown that the total cost of the competitive pay adjustments would be about $400,000 less than originally estimated, he said.  Mr. Horton explained that this meant the Council could begin budget discussions with $400,000 that the Town could use for items that had been cut out or for adjustments to the tax rate.  He said that being able to present this good news was a real pleasure, and the result of the conservative work the staff had done early on in the budget process. 

 

Mr. Horton said the key items for the Council to consider would unfold at their Wednesday budget work session.  Mayor Foy pointed out that all members of the public were welcome to attend the work session on Wednesday at 5:30 p.m.

 

Council Member Wiggins ascertained from Mr. Horton that the level one priorities could be addressed without a tax increase, and the level two priorities could be at least partially addressed with the $400,000.

 

Item 7- Town Applications for the 2003-04 Community Development,

HOME, and Capital Fund Grant Programs

 

Chris Berndt, Long Range Planning Coordinator, spoke about the first three of the four items.  She said the Consolidated Plan is the official Town and County application submitted to Housing and Urban Development (HUD) each year, and it covers both the Community Development (CD) Program and the HOME program.  Ms. Berndt stated that Resolution R-6 would authorize submission of the Consolidated Plan.  She said the staff was also recommending Resolution R-7, which would approve the activities of the CD Program for 2003-04 and the HOME Program, which has not changed since the Council's preliminary discussion earlier in the year.  The staff was recommending Resolution R-8 as well, she said, which would adopt a program of $906,000 for a grant.  Ms. Berndt recapped the CD Program recommendations and the options for the coming year.  She noted the key options for consideration, including neighborhood revitalization, property acquisition, renovation of the InterFaith Council (IFC) shelter, and Project Homestart.

 

In response to a request by Council Member Bateman for clarification regarding $65,000 for the IFC shelter, Ms. Berndt explained that this proposal would replace Capital Funds with Community Development funds.  It is a 10-year installment payment, she said, so the Council could either pay for it out of CD funds each year for the next ten years or leave it in the CIP.  Ms. Berndt said the Council could decide which source of funds to draw from.  She added, though, that the IFC probably would be eligible for CD funds because it serves low-income families and individuals.  One issue would be if it would continue to serve low-income individuals over the next ten years, Ms. Berndt said, and another would be that federal regulations would apply to the renovation of the building, including Davis-Bacon requirements for wage rates.  Council Member Bateman asked for more information about this last point and Ms. Berndt explained that these are federal requirements that mean more paperwork and reporting, and since that can raise the cost of a project, some contractors might shy away.

 

Council Member Wiggins asked if using CD money for renovations of the IFC building would mean that the Town must stay committed to the IFC for 10 years.  Mr. Baker, Finance Director, replied that the plan was to do this through a private placement with a bank.  He noted that it could be arranged so that the Town would guarantee payment to the bank but not have to identify a specific stream of revenue.  The Town could make the decision each year about which funds to use, Mr. Baker said.

 

Mayor Foy asked when the renovations would begin.  Mr. Horton replied that they would begin next year.  Mayor Foy ascertained from Mr. Horton that if the renovations cost $700,000, and if IFC services stay there for three years, then a certain portion of the money the Town spends could be allocated toward improvements that were used while the building was being used for those purposes.  Mayor Foy said it does not seem risky, since the Town knows that the IFC will be there for at least a few more years.

 

Council Member Strom stated that going with option two would mean, in theory, an additional $65,000 in the General Fund each year.  Mr. Horton agreed. 

 

Mayor pro tem Evans asked Mr. Horton why the staff was recommending option one.  Mr. Horton replied that he had done so on the basis that CD funds were intended to provide a wide array of services and that providing funds for this kind of renovation was not its primary purpose.  He described it as a value choice and pointed out that the Council is the body that makes the final value choice in this budget. 

 

Ms. Berndt recapped the third option, which was a $75,000 request from Project Homestart.  She said CD funds could be used for that as well.  Ms. Berndt noted that CD funds must be used for specific public services and cannot be used for operating costs.

 

Council Member Bateman asked if the IFC's proposal fit those criteria.  Ms. Berndt said the information the staff received was that it would fund two staff positions.  It would be important to make sure that those people are only doing public services, she said, and it would have to be made explicit that expenses cannot be overhead or operating costs. 

 

Mayor Foy asked, with regard to option three, if funding two positions for Project Homestart would be a long-term commitment.  Ms. Berndt said the director of that project had told her that it would not be.

 

Tina Vaughn, Housing Director, presented a plan for spending the 2003-04 Capital Fund Grant.  She said she had not yet received notification of the amount, so the plan was based on the current amount of $584,000.  Ms. Vaughn added that they expect to receive $165,000 in CD funds, which will bring the total amount available for 2003-04 to $749,000.  She proposed using $649,500 for renovations at Airport Gardens.  This would complete 10 of the 26 apartments, Ms. Vaughn said, adding that they would do 13 with the money that had previously been allocated.  She estimated that all of the work would be completed by January, 2005.  Ms. Vaughn said the Department would be looking at an alternate source of funding for an installment contract to finish the work sooner than 2005.  She explained that they would use $28,500 to support the activities of the Residents Council in a new performance agreement that would be contingent upon the Residents Council completing the current performance agreement by November 2003.  Ms. Vaughn proposed allocating $71,500 to the general administration of the program, including the cost of an energy audit and the Department's share of design for the Town's new Operations Center.  She said attachment #1 would approve the annual statement for 2003-04 to be submitted to HUD, and that Resolution R-9 would approve that annual statement.

 

Chris Moran, IFC Director, spoke in support of option three or some reconfiguration of all of the options so that all of the recommended initiatives could be funded in some way.  He apologized for not thanking Loryn Barnes when he spoke before the Council on March 26.  He said Ms. Barnes had encouraged the IFC to submit an application, even though the deadline had passed.  Mr. Moran pointed out that what had happened to them had been so sudden that it was difficult to make public proposals, and even now, he can only reiterate that they will be moving all of their homeless women and children from Community House to Project Homestart on July 26.  Community House will then become a men's shelter facility, he said, but it will continue serving meals to anyone who comes in during the daytime.  

 

Mr. Moran explained that Project Homestart would not serve homeless women and children in a transitional way but in response to short and longer term needs for housing until independent accommodations can be found.  He explained that they own the infrastructure on County land, and all of their funding sources, including Orange County, had approved of the plan.  Mr. Moran stressed that the IFC was not asking the Town for a long-term commitment but only for some bridge funding to get them in a position to begin approaching other resources for support.

 

Council Member Wiggins ascertained that the IFC had not made any formal financial request to the County, with the exception of an increase of about $20,000 through Human Services.  Mr. Moran explained that what they wanted mostly from the County was an extension of their lease agreement. 

 

Council Member Wiggins asked if Homestart could be classified as a Housing program, noting that the County has more funds to help with housing projects than the Town does.  Mr. Moran replied that the IFC needs some assurance that it can begin the project in July, and then it will have time to develop that kind of relationship with the County.  He added that they would submit requests in the future after they know the timelines and conditions of those grants.

 

Council Member Bateman asked for more history on why federal funding had been cut off, asking why the federal government had funded new projects other than this one, even though it had been an obvious success.  Mr. Moran said he did not have clear answers to those questions even though he had explored it with HUD and with federal representatives.  He said the IFC has a pro-rata share in Orange County of $103,000 but had exceeded that by getting $731,000, and pointed out that the IFC was also above average in terms of points.  Mr. Moran explained that he had been told that the IFC might not have prioritized the projects correctly, but they had done it incorrectly last year and had still received funding.  Finally, he said Congress had mandated that 31.8% of all the supportive housing money had to be spent on permanent housing.  Mr. Moran also pointed out that the current secretary of HUD had been trying to eliminate services entirely.

 

Mayor Foy asked how much HUD funding had been granted to the IFC and what would it be used for.  Mr. Moran replied that there was $731,000, of which approximately $100,000 would be used at Orange-Person-Chatham Mental Health Center (OPC) for their Shelter Plus Care Program.  He said $500,000 had been allocated to purchase existing units that would be renovated or retrofitted to provide permanent units for homeless individuals, and $103,000 had been set aside for completing Club Nova in Carrboro.  Mr. Moran explained that Club Nova would probably not need that money because they had raised other funds, but that money cannot be used for anything else and must go back into the national pool. 

 

Mr. Moran described this as a confusing process and stated that the IFC believed they could get more volunteers and more private funding for the future.  Council Member Bateman asked Mr. Moran why then had he written that Council support should not be construed as a long-term commitment.  Mr. Moran replied that the IFC would choose not to get HUD money in the next round because that would mean keeping things exactly as they are for the next six months, which they cannot do monetarily.  He said the IFC is redesigning the program and hoping to obtain more partners and resources.

 

Mayor Foy ascertained that the program would not be called Project Homestart, but merely Homestart.  Mr. Moran added that Homestart would not be transitional, but emergent, short-term, and include some longer-term housing.  He noted that it was becoming increasingly difficult to find subsidized opportunities so that people can become independent in the community, and concluded that the IFC was facing challenges and opportunities all at the same time.

 

Council Member Harrison clarified that the there would be 46 beds for homeless men in the Community House shelter and that meals would continue to be served there for anyone who walks in.  He determined that women and children would be located at Homestart on Homestead Road.  Mr. Moran explained that he planned to add two staff members, which this grant would help pay for.  Council Member Harrison ascertained that three staff members would be transferred from Community House to Homestart. 

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-6.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE ANNUAL UPDATE TO THE 2000–2005 CONSOLIDATED PLAN (2003-04-28/R-6)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to submit the Annual Update to the 2000 - 2005 Consolidated Plan to the U.S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein, for a program of $728,250 of Community Development Block Grant funds and $905,999 of federal HOME Program funds by May 15, 2003.

 

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submittal of a Consolidated Plan to provide such additional information as may be required.

 

This the 28th day of April, 2003.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-7.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)

 

Council Member Bateman asked to change her vote.  She said that she was in favor of the allocation to Project Homestart because it is a good idea to have women separated from men at the shelter, and she wanted to vehemently support giving the IFC the requested funds

 

COUNCIL MEMBERS AGREED BY CONSENSUS THAT COUNCIL MEMBER BATEMAN'S VOTE WOULD BE RECORDED AS A NEGATIVE VOTE ON R-7, CHANGING THE VOTE TO 6-1. 

 

 

A RESOLUTION APPROVING ACTIVITIES FOR THE 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2003-04-28/R-7)

 

WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive ideas from citizens about how Community Development Block Grant funds could be spent in 2003-2004;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that, based on the Town’s allocation of $723,000 of Community Development Block Grant funds and $5,250 of reallocated Community Development funds, the Town Council approves the following 2003-2004 Community Development Block Grant Program Plan:

 

Public Housing                                                              $221,000

Renovation of Airport Gardens $165,000

Refurbishing Program                            $  50,000        

Playground Equipment              $    6,000

            Comprehensive Housing Rehabilitation                          $150,000

            Neighborhood Revitalization                                                     $115,750

Property Acquisition (Affordable Rentals)                                 $  80,000

Community Services                                                                 $  41,500

            Family Resource Center                        $15,000

            Orange County Literacy Council           $13,500

            YMCA                                                $13,000

Administration                                                              $120,000

            Total                                                                            $728,250

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to carry out the program, including specific projects for use of Neighborhood Revitalization funds and conversion of Neighborhood Revitalization funds into grants for Land Trust projects, in accordance with guidelines in this memorandum. 

 

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to incorporate the 2003-2004 Community Development Plan into the Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submittal to the U.S. Department of Housing and Urban Development.

 

This the 28th day of April, 2003.

 

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-8.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION APPROVING THE ACTIVITIES OF THE 2003–2004 HOME PROGRAM (2003-04-28/R-8)

 

WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive citizen comments and proposals regarding the use of $739,591 of federal HOME Program funds, and $166,408 of local matching funds for a total of $905,999;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill approves the following activities to be carried out by the members of the Orange County HOME Consortium in 2003-2004:

 

Comprehensive Rehabilitation                                                               $277,040

Property Acquisition                 Affordable Rentals                                            $188,000

                                                Town of Chapel Hill

                                                      Transitional Housing Program                      $  32,000

Second Mortgage Assistance    Habitat for Humanity                                         $ 150,000

                                                Qualified Non-profit Agencies               $   75,000

Down Payment Assistance        Orange Community Housing and

                                                            Land Trust                                            $100,000

Operational Support                 Orange Community Housing and          

                                                            Land Trust                                            $  10,000

Administration              Orange County Housing and Comm.Dev.          $  73,959

            TOTAL                                                                                                $905,999

 

BE IT FURTHER RESOLVED that the Council authorizes this plan to be incorporated into the Annual Update to the 2000-2005 Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submittal to the U.S. Department of Housing and Urban Development on May 15, 2003.

 

This the 28th day of April, 2003.

 

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-9.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0). 

 

 

A RESOLUTION APPROVING AN ANNUAL STATEMENT FOR 2003-2004 CAPITAL FUND PROGRAM (2003-04-28/R-9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Capital Fund Program Annual Statement, as described in the Manager’s memorandum to the Council dated April 28, 2003, and that the Manager is authorized to submit the Capital Fund Program Annual Statement to the U.S. Department of Housing and Urban Development (HUD), including compliance with the HUD policies, procedures and regulations required therein, for a program of $584,000 in Capital Fund Program funds.

 

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submittal of an Annual Statement and to provide such additional information as may be required.

 

This the 28th day of April 2003.

 

 

Item 8 - Recommended Adoption of Library

Information Technology Plan

 

Ms. Thompson, Library Director, noted that the Technology Plan had been presented to the Council on January 27 and was referred to the Manager and advisory boards for comment.  She introduced the Library Board members as well as Bob Woodruff, President of the Library Foundation.  Ms. Thompson explained that the Technology Plan included 19 projects that had been grouped into seven areas and that she would address each of them but in a different order than they are listed in the Manager's report.   The first four are:

 

·        Infrastructure Development, which includes improving the Library's wiring infrastructure, adding a server to maintain the technology environment, and developing a disaster plan.

 

·        Automation System Development, which includes upgrading the current vendor's operating system to provide a graphics environment and purchasing computers to replace the Library's 38 text-based catalog terminals.

 

·        Public Access Computing, which includes adding 19 public computers and a computer management system, and upgrading software and equipment to correspond with the Town's computer replacement schedule.

 

·        Streamlined Service, which includes installing a radio frequency identification system to improve inventory functions and to reduce clerical tasks by 40%.

 

In addition to the above projects, Ms. Thompson said, there were a few areas where the Library differs with the consultant.  Regarding the Electronic Reference Service, she said the Library recommends deferring that to another time because there is not adequate staff to implement an additional service such as this.  Ms. Thompson said they are also not recommending the Human Resource Considerations, which include adding two Library Assistant III positions and a Library Systems Manager.  Instead, the Library recommends a 12.5 hour a week person to maintain and develop the Library’s web page, she explained.  In addition, said Ms. Thompson, they recommend spending $2,000 rather than $6,700 a year for patron and staff training in self-paced study materials.  She said the Library also intends to provide in-house training for patrons and staff before it opens to the public with the expanded computer internet stations.

 

Ms. Thompson estimated that it would cost about $559,000 to implement the staff's recommendations.  She recommended use of Library Gift Funds, which currently has a balance of $550,000.  Ms. Thompson said the Board understood that some support might also be coming from the Library Foundation and from the Friends of the Chapel Hill Public Library. 

 

Bob Schreiner, Chair of the Library Board of Trustees, pointed out that all nine members of the Board were present.  He remarked that this showed how dedicated they were to their task and how much they all believe that the Library needs some serious expansion of services.  Mr. Schreiner thanked the Council for adopting the Library Building Program and the Service Plan.  He stressed that increasing the number of internet services was very important, as was having an enhanced on-line catalog system.  Mr. Schreiner predicted that the system would attract people to explore sites on the internet that librarians had deemed to have excellent and accurate content.  He explained that the inventory and checkout system would reduce the repetitive motion risk that many library jobs have now. 

 

Mr. Schreiner pointed out that having more technology does not reduce the need for staff, but it changes those positions and tends to increase the need.  He stated that the Library's two biggest priorities were the enhanced catalog system and the checkout system.  Mr. Schreiner pointed out that the staff had reversed the order of importance of these two because the enhanced catalog system gives a clear benefit to the patron first.  He said the Board agrees with that change but believes that both should come quickly.  Mr. Schreiner stated that the Board supports the use of gift funds for these kinds of enhancements, which are immediately apparent and which benefit the end user. 

 

Mayor Foy thanked Board members for being present.  He noted that the Council had expressed appreciation to volunteers at the beginning of the meeting and said that Library Board members were among those whom the Council appreciates. 

 

Bob Woodruff, President of the Chapel Hill Public Library Foundation, described how the Foundation receives and invests funds.  He recommended that the Council approve and fund the Information Technology Plan, which would significantly enhance the Library's services to citizens.  Mr. Woodruff encouraged the Council to call for a bond referendum for library expansion.  He reiterated the Foundation's objective and said he had been assured that the Town recognizes its responsibility to fund the Library and would not reduce Town funding as a result of Foundation gifts.  Mr. Woodruff reported that the Board had voted unanimously to contribute $35,000 to the Town for the purchase of technology equipment for the Library to expand access to the internet and other services.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-10A.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION adoptING the Information Technology Plan 2003-2007 as  THE FINAL COMPONENT OF THE LIBRARY MASTER PLAN FOR SERVICES, TECHNOLOGY AND FACILITIES (2003-04-28/r-10a)

 

WHEREAS, the Council charged the Library Board to develop a Library Master Plan that identified long-term development of library services, technology and space; and

 

WHEREAS, the Five Year Services Plan:  2001-2006 and Long Term Facilities Needs Through 2020; 2006 adopted by the Council identifies long-term library service needs; and

 

WHEREAS, the Library Building Program adopted by the Council identifies library space needs through 2025; and

 

WHEREAS, the Chapel Hill Public Library study, the Information Technology Plan 2003-2007, identifies reasonable services and an implementation schedule to improve technology services, based on a review of community needs; and

 

WHEREAS, this completes the development of the Library Master Plan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the attached Information Technology Plan as the final component of the Library Master Plan.

 

This the 28th day of April, 2003. 

 

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-10B.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION DIRECTING THE MANAGER TO CONSIDER RESOURCES NEEDED TO SUPPORT PROJECTS IDENTIFIED IN THE INFORMATION TECHNOLOGY PLAN 2003-2007 AS BUDGET PROPOSALS FOR 2003-04 AND FUTURE YEARS ARE DEVELOPED (2003-04-28/r-10b)

 

WHEREAS, the Chapel Hill Public Library study, the Information Technology Plan 2003-2007, identifies capital technology projects, a capital projects implementation schedule through 2005 and operational costs through 2007; and

 

WHEREAS, capital and operational expenditures will be required to provide the services identified; 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to consider resources needed to support projects identified in the Information Technology Plan as budget proposals for 2003-04 and future years are developed.

 

This the 28th day of April, 2003. 

 

 

Item 9 - Response to Petition Regarding Drainage Problems at 61 Newton Drive.

 

Fred Royal, Stormwater Engineer, described a petition from Ms. Deborah Andrews concerning a drainage problem on her private property.  He reminded Council members that a policy of drainage assistance had been adopted in 1990, and the Town had used those funds on public/private drainage projects.  Mr. Royal said the Town had given Ms. Andrews a price estimate and some technical assistance.  He explained that the staff had attached information regarding other similar projects.  Mr. Royal recommended deferring this project until the Town develops a stormwater utility that will have a reliable budget for this type of program.

 

Mayor Foy clarified that there was no money for the other projects listed, with the exception of Burning Tree Drive, for which partial funding had been earmarked. 

 

Council Member Strom asked if a budget amendment would be required if the Council decided to accept the property owner's $2,500 contribution toward materials.  Mr. Horton replied that it would not and the Town would apply Public Works time, valued at about $3,500, to the project. 

 

Council Member Bateman recommended helping the property owner, since a public street was draining into private property.

 

Ms. Andrews expressed appreciation for the work that Mr. Royal and Mr. Small had put into this problem.  She displayed photos which showed that the damage was worse than when Mr. Royal first inspected the site.  Ms. Andrews urged Council members to disregard the Manager's recommendation that no action be taken at this time.  She pointed out that it could be a year before the Stormwater Utility would be up and running, and she was not willing to live with this hole in the ground for another year or to pay half of the estimated $6,000 for repair.  Ms. Andrews said that she could not reconcile earlier estimates of $3,500 with the Town's $6,000 estimate.  Sharing costs with the Town would mean that the residents would pay for materials, she said, which previously had been estimated at about $700.  Ms. Andrews added that she was confused about the $3,500 figure, adding that this had previously been the cost for time and equipment from Public Works.

 

Mayor Foy asked Mr. Royal to provide a breakdown of his estimate and determined that Ms. Andrews was willing to split the cost of materials with her neighbors, the Grindstaff's. 

 

Ms. Andrews requested that the Town perform the work in the summer of 2003 because her driveway is becoming increasingly more dangerous.  

 

Mayor Foy asked Mr. Royal how this project would rate in priority among the projects listed in attachment #4 of the Council’s report.   Mr. Royal replied that it rates high-low or low-medium because there is no flood damage, although there are some safety issues. 

 

The Andrews’ neighbor, Jema Grindstaff, explained that she has a contract to sell her house and the closing was scheduled for May 6th, so she would like to get this resolved in as timely a manner as possible.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, THAT THE TOWN PROCEED WITH REPAIRS TO 61 NEWTON DRIVE AND 63 NEWTON DRIVE WITH RESIDENTS ANDREWS AND GRINDSTAFF TO EQUALLY PAY COST OF MATERIALS AND THE TOWN TO PROVIDE LABOR, TO BE COMPLETED BEFORE AUGUST 2003.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 10 - Potential Local Projects for Proposed

North Carolina Moving Ahead! Program

 

Kumar Neppalli, Traffic Engineer, outlined a State initiative to assign funds to small projects that improve safety and mobility, reduce congestion, and/or stabilize the condition of existing transportation infrastructure.  The initiative would make $700 million available for maintenance, modernization, and public transportation projects across the State, he said.  Mr. Neppalli explained the criteria for selection.  The project should range between $1/2 million to $2 million, he said, should be completed within two years after funding, and should not be funded in the current Transportation Improvement Program (TIP).  Mr. Neppalli noted that several projects the staff had selected based on the Council's previous discussions had been included in the staff report.  He pointed out that the deadline was May 2, 2003.  The staff planned to send the memo, including any Council additions or deletions, to the State the next day, Mr. Neppalli said.  

 

Mayor Foy read the list of projects included in Resolution R-11:

 

1.        Revise existing signal timing to provide better optimization.

2.        Upgrade and modernize the Chapel Hill-Carrboro Traffic Signal System.

3.        Widen, realign, and upgrade Millhouse Road north of Eubanks Road, including possible relocation of railroad crossing as necessary for Town Operations Center.

4.        Sidewalk projects in Chapel Hill

5.        Improve pedestrian safety in Chapel Hill

6.        Upgrade Homestead Road west of NC 86 to include bike lanes and sidewalks.

 

Mayor Foy explained that these projects had already had been discussed, were on the TIP, and can be done relatively easily with a modest amount of money.  He asked Mr. Horton why the staff had not recommended including the Transit Center as well.  Mr. Horton replied that they had done so, in effect, by placing the Mill House Road project on the list.

 

Council Member Bateman suggested changing "Homestead Road" to "Weaver Dairy Road" in the first bullet under #5.  That way, improvements would include all of Airport Road, from Rosemary Street to Weaver Dairy Road, she said. 

 

Council Member Verkerk asked to change "Finley Forest" to "UNC Farm" in the twelfth item of the chart under #4. 

 

Council Member Harrison asked to include eight bicycle projects from the TIP list.  Mayor Foy suggested making it #7 and calling it "Bicycle Projects in Chapel Hill."

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-11 WITH #7, BICYCLE PROJECTS IN CHAPEL HILL, INCLUDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION DIRECTING THE MANAGER TO SUBMIT THE LISTED PROJECTS TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR FUNDING CONSIDERATION UNDER THE NORTH CAROLINA: MOVING AHEAD! PROGRAM (2003-04-28/R-11)

 

WHEREAS, the Council of the Town of Chapel Hill is interested in securing funding for local projects that would improve safety and mobility, reduce congestion, and/or stabilize the condition of existing State transportation infrastructure serving Chapel Hill; and

 

WHEREAS, the Council is aware of Governor Easley’s proposed North Carolina: Moving Ahead! initiative intended to make funds available for small projects outside of the scope of typical Transportation Improvement Program projects; and

 

WHEREAS, the State has requested that local governments identify projects for funding consideration under the program if it is approved by the General Assembly;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to submit to the State the following list of local improvement projects for funding consideration under the proposed North Carolina: Moving Ahead! Program;

 

1.  Revise Existing Signal System Timing Plans to Provide Better Optimization.

 

2.  Upgrade and Modernize the Chapel Hill-Carrboro Traffic Signal System.

 

3.  Widen, Realign, and Upgrade Millhouse Road North of Eubanks Road, Including Possible Relocation of Railroad Crossing as necessary for Town Operations Center.

 

4.  Sidewalk Projects in Chapel Hill.

 

5.  Improve Pedestrian Safety in Chapel Hill.

 

6.      Upgrade Homestead Road West of NC 86 to include Bike Lanes and Sidewalks.

 

7.      Bicycle Projects in Chapel Hill.

 

This the 28th day of April, 2003.

 

 

Item 11 - Request for Proposals for Economic Development Consultant

Services for Development of Town Parking Lots 2 and 5

 

Ms. Berndt gave a brief review of the project's history, including the following:

 

·        2000 Comprehensive Plan and Downtown Small Area Plan.

·        February/March 2002 - Design Workshops

·        September - November 2002 - Council Committee

·        February 24, 2003 - Council authorization for Economic Development Consultant

 

She then listed the proposed consultant's tasks:

 

·        Write RFG followed by RFP

·        Evaluate developers and development proposals: financial capacity of developers, feasibility of proposals, how to address Council principles and priorities.

·        Assist in negotiating and managing a development agreement.

 

Ms. Berndt provided a potential schedule:

 

·        May 30 - Deadline for responding to RFG

·        June - Council Committee selects consultants for short list.

·        June 30 - Town issues RFP to consultants on Short list

·        July 30 - Deadline for responding to RFP

·        August-September - Committee reviews proposals, interviews finalists, decides on recommendation

·        September - Council considers Committee recommendation and budget ordinance amendment

 

Ms. Berndt recommended that the Council authorize the staff to issue the request for qualifications and, after a review by Council Committee, to issue a request for a proposal.  The goal is to hire someone by September, she said, and then gave a potential project schedule:

 

·        RFQ to developers issued November 2003

·        RFP issued to finalists in February 2004

·        Consideration of proposals, Spring 2004

·        Selection of development team, Spring 2004

·        Development agreement executed Summer 2004

 

Mayor Foy ascertained that this would not come back to the Council again, but would go to the Council Committee on Parking Lots 2 and 5.  Ms. Berndt explained that it would not come back to the full Council until they were ready for a selection and budget proposal, in August or September.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-12.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).  

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS AND A REQUEST FOR PROPOSALS FOR SERVICES OF AN ECONOMIC DEVELOPMENT CONSULTANT (2003-04-28/R-12)

 

WHEREAS, the Comprehensive Plan and Downtown Small Area Plan identify Town Parking Lots 2 and 5 as key redevelopment sites; and

 

WHEREAS, the Council has established principles and priorities for development of Town Parking Lots 2 and 5; and

 

WHEREAS, the Town Council on February 24, 2003, authorized the Town Manager to develop a request for proposals for economic development consultant services 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 issue the Request for Qualifications for Consultant Services to retain the services of an economic development consultant for consideration by the Town Council as generally described in Attachment 1 to the Manager’s memorandum to Council of April 28, 2003.

 

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager, at the appropriate time, to issue to selected finalists a Request for Proposals as generally described in Attachment 2 to the Manager’s memorandum to Council of April 28, 2003.

 

This the 28th day of April, 2003.

 

 

Item 12 - Triangle J Council of Governments Air Quality Partnership Proposal

 

David Bonk, Transportation Planner, explained that this is a proposal to begin a process that would involve both the Capital Area Metropolitan Planning Organization and the Durham/Chapel Hill/Carrboro Planning Organization to address the continuously evolving situation with regard to air quality rules.  He said the staff expected Orange County to be included as a non-attainment area under the new rule.  Mr. Bonk explained that the Environmental Protection Agency (EPA) must designate which areas will be non-attainment by April 2004.  By April 2005, he said, those areas must demonstrate approved plans that will comply with the new eight-hour ozone standard.

 

Mr. Bonk outlined the proposal's two parts:  

 

·        A partnership coordination liaison, which would try to bring together the various interests in the Triangle to develop policies and strategies that would affect the various elements of air quality conformity.  This would address several sources of pollution, including autos, plants, construction equipment, and lawnmowers.  The two Metropolitan Planning Organizations (MPO’s) have requested $48,000 each, with a local share provided by the Triangle J Council of Governments.

 

·        Development of transportation land use and air quality strategies and to research those strategies.  Funding would only require a minimal contribution from the two MPO’s with the remainder provided by local governments.  There is not a complete list of which local governments had been approached, but we know that Wake and Durham Counties, the cities of Raleigh and Durham, and the towns of Cary and Chapel Hill had been approached for local funding.  Details on how that would be split had not been provided.

 

Mr. Bonk recommended that the Council provide a recommendation of support to the Durham/Carrboro/Chapel Hill MPO for the coordination project, and he did not recommend pursuing the second project.  Mr. Bonk explained because the issue of land use strategies would not be included in the 2005 analysis, it did not seem appropriate to do this at this time.  The Town already has adopted land use policies that are heavily focused on reducing air pollution, he said. 

 

Mayor Foy explained that Resolution R-13 would endorse the liaison position.  He suggested holding off on the land use analysis and getting more information on that.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-13.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION ENDORSING THE TRIANGLE J COUNCIL OF GOVERNMENTS AIR QUALITY PARTNERSHIP INITIATIVE, PARTNERSHIP COORDINATION/ LIAISON TASK (2003-04-28/R-13)

 

WHEREAS, the U.S. Environmental Protection Agency has begun the process of implementing new air quality standards; and

 

WHEREAS, the Environmental Protection Agency has indicated that the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and the Capital Area Metropolitan Planning Organization must develop a coordinated air quality conformity plan and analysis; and

 

WHEREAS, there is a need for improved coordination of various air quality efforts in Wake, Durham and Orange Counties; and

 

WHEREAS, the Triangle J Council of Governments has proposed an Air Quality Partnership Initiative; and

 

WHEREAS, the Town Council has reviewed the proposed tasks of the Air Quality Partnership Initiative and believes there is a need for the Partnership Coordination/Liaison task;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the Triangle J Council of Governments Air Quality Partnership Initiative and recommends that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee provide funding for the Partnership Coordination/Liaison task as outlined in a proposal dated February 12, 2003 prepared by the Triangle J Council of Governments.

 

BE IT FURTHER RESOLVED that the Council recommends that the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization request a more detailed work program matching proposed activities to the schedule for completing the 2005 air quality conformity.

 

This the 28th day of April, 2003.

 

 

Item 13 - Appointments

 

a.  Appointments to the Community Design Commission

 

The Council appointed Laura Moore and Amy Ryan. 

 

 

 

Council Members

 

 

Community Design Commission

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Rebecca Boyles

 

 

 

 

 

 

 

A

 

 

Chris Culbreth

 

 

X

 

 

 

 

A

 

1

Stephen Manton

 

 

 

 

 

 

 

A

X

1

Laura Moore

X

X

 

X

X

X

X

A

 

6

Nancy Morton

 

 

 

 

 

 

 

A

 

 

Scott Nilsen

 

 

 

 

 

 

 

A

 

 

Amy Ryan

X

X

X

X

X

X

X

A

X

8

 

 

A = Absent, excused.

 

Item 14 - Petitions

 

a.  By the Mayor and Council Members.

 

1.  The Sustainability, Energy and Environment Committee requesting a Report on Green Infrastructure Bond (Council Members Strom, Verkerk, and Ward).

 

Council Member Verkerk explained that the Sustainability, Energy and Environment Committee (SEEC) was requesting a report on the feasibility of a green infrastructure bond.  They were also asking for an amortization schedule for the bond and would like to have it back by May 28, she said. 

 

Mayor Foy summarized that the Committee was asking the staff to develop a budget based on these goals to let the Council know how that budget would affect the property tax rate. 

 

Council Member Strom added that the Committee had discussed trying to make significant progress on community and Council goals in certain green infrastructure areas.  They had chosen projects for identified needs, he said, and were asking the staff to think about those in a way that would give the community the opportunity to endorse a bond that would put capital in the bank and let the Town choose projects in a systematic manner.  Council Member Strom pointed out that each Council member had been given a tape of energy consultant David Konkle's recent talk regarding the role that the energy coordinator plays in Ann Arbor, Michigan

 

Mayor pro tem Evans suggested some additions to the petition.  She requested that the staff be asked for options such as what it would cost to do the sidewalks in ten years rather than five.  Mayor pro tem Evans suggested removing the staff person from the bond issue, noting that the Town had never funded staff members from bond money.  She recommended finding out how much money was in the County's fund for open space and other issues, pointing out that Chapel Hill citizens had voted in that bond referendum as well.

 

Council Member Verkerk replied that making those changes would "essentially gut the petition," and she refused the amendments. 

 

Mr. Horton commented that these where "very gross estimates in today's dollars."  One could simply do some division or multiplication regarding the ones they are interested in to get some sense of scale, he said.  Mr. Horton stated that his first reading of this was that the Committee needed some idea of what a staff person might cost in order to take advantage of the energy bank. 

 

Mayor pro tem Evans clarified that the staff person would not be paid from bond money. 

 

Mayor Foy said he had understood Mr. Konkle to say that that the money gained through energy efficiency went into a bank and the bank funded that position.  Mr. Horton agreed to find out exactly how Ann Arbor handled that and to report back to the Council.

 

Council Member Wiggins asked Mr. Horton about the feasibility of the May 28 date.  Mr. Horton replied that it could be achieved as long as the Council understood that the cost estimate would be rough because there would be no time to do any engineering and/or preliminary estimates in the normal manner. 

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER THE PETITION TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

b.  By the Manager and Attorney.  None.

 

Item 15 - Reserved for Discussion of Consent Agenda Items if Necessary

 

With regard to 5c, Follow-up on WCHL/The People’s Channel Simultaneous Programming Petition, Council Member Kleinschmidt inquired about the simulcast.  Mr. Horton explained that in this case the People’s Channel and WCHL had sponsored the forum, but when it was time to do the commercials, the People's Channel put their own brief announcements on.

 

Council Member Kleinschmidt said this was what they had proposed in September.  Mr. Horton disagreed, saying that this was different because it was a one-time community forum program.  Council Member Kleinschmidt noted that the concerns expressed in September about WCHL broadcasting a commercial over the People's Channel were still implicated in this.  Mr. Horton replied that this was different because the People's Channel was a co-sponsor of the forum.  In the other arrangement, he said, the People's Channel would have been carrying the WCHL programming.

 

Council Member Kleinschmidt stated that what had happened was essentially the essence of the September petition, and if it was not, then the Council still needs to take a look at how they are going forward with simulcasts.  He asked that the Town get more information from the People's Channel about what they were planning as far as future collaborations and what they were going to do to secure this issue and make sure this does not happen.  Mr. Horton repeated that this was a one-time event and to his knowledge, there were no plans for future collaboration.  

 

Council Member Kleinschmidt commented that it would be an annual event, and asked Mr. Horton to inform the Council before this happens again so they can determine whether or not a performance agreement is necessary.  Mr. Horton agreed to do so.

 

The meeting adjourned at 9:40 p.m.