MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN

     OF CHAPEL HILL, MONDAY, OCTOBER 12, 1992 AT 7:30 P.M.

 

Mayor Broun called the meeting to order at 7:32 p.m. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Joe Herzenberg, Alan Rimer and Arthur Werner.  Council Member Mark Chilton was absent excused.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

 

    Item 1  Presentations by Applicants for Council Vacancy

 

Mayor Broun noted that each speaker would have three minutes in which to make presentations to the Council.

 

Ed Devany said the Council vacancy afforded an unique opportunity for Town residents to volunteer to serve on the Council.  Mr. Devany suggested that the Council needed representation of groups such as unemployed, homeless and working class persons.  He thanked the Council for considering his credentials.

 

Pat Evans said the appointee to the vacancy would serve only until late 1993.  Ms. Evans stated that her seven years of service as a Planning Board member and other experience qualified her to serve the remainder of the term.  Ms. Evans also said she willing the same energy to the Council that she devoted to the Planning Board and other Town boards and activities.  Ms. Evans noted that she understood the community and the problems and opportunities in its future.  Ms. Evans said she could be a constructive member of the Council.

 

Mickey Ewell said he understood that service as a council member was a tremendous commitment.  Mr. Ewell also said he could make tough decisions, lead, listen and learn as a council member.  Mr. Ewell stated that he had received a broad base of community support in the 1991 municipal election.  He said it was important for the Mayor and Council to select the most capable candidate who was also willing to run for re-election to the Council.

 

Dolores Nesnow said she had resided in the town since 1979.  Ms. Nesnow said she desired to be involved in Town activities as a council member.  Ms. Nesnow noted that her main concern and intention was to represent all interests of the Town.  Ms. Nesnow also stated that she was concerned about fiscal responsibility and maintaining the Town's appearance.  She also noted the importance of making environmentally-sound decisions.  Ms. Nesnow said it was important to address public safety concerns.

 

Johnnie Peace, Sr. said he was the best qualified candidate to serve on the Council.  Mr. Peace also said he was actively involved in Town affairs and would attend all Council meetings and would fully participate in discussions.  Mr. Peace said he would be an active Council Member for the entire Town.

 

Barbara Powell said she had the proper qualifications and desire to serve on the Council.  Ms. Powell also said she had been encouraged by several community leaders to apply for the Council vacancy.  Ms. Powell stated that she had long been involved in local affairs, including service on several boards and commissions.  Ms. Powell said she wished to attract good clean businesses to the community and lessen the tax burden on all citizens, especially the elderly.  Ms. Powell said she possessed the ability to serve as a Council Member.

 

Joyce Roland said her primary desire was to give something back to the community.  Dr. Roland emphasized the importance of pace-setting African-American role models.  Dr. Roland said one of her greatest strengths was devising workable solutions to problems.  Dr. Roland also said would analyze problems and solutions for all people of the Town.  She emphasized the importance of economic development activities, the efficient use of tax dollars and better opportunities for youth in the community.  Dr. Roland stated that wished to get involved and assist in improving the community's quality of life for all.

 

David Strevel, an Environmental Protection Agency consultant and Town resident since 1987, said his degree in electrical engineering would be useful in addressing matters such as concerns about the University's boiler plant.  Mr. Strevel also said he had served as president of a non-profit housing corporation in the past.  He stated he had served as a management services officer, assisting in the rehabilitation of row houses.  Mr. Strevel said the maintenance of good relationships between the Town and University was important.  Mr. Strevel stated that he wished to perform a service for the Town by serving as a Council Member.

 

Paul Tripodi said he would add timely information to the Council in his capacity as a small business operator.  Mr. Tripodi stated that his knowledge and experience was needed by the Council.  He said that important Town issues included public safety, visitor services, economic development, affordable housing and educational progress.  Mr. Tripodi stated that the Town was at a crucial point of change and he would like to be part of the Council when these opportunities were presented.

 

Gloria Williams said her years of professional experience had provided invaluable insight into community issues.  Ms. Williams emphasized the importance of empowering communities through education and economic development programs.  Ms. Williams said she wished to utilize her personal expertise in lowering the community's tax burden through resource leveraging.  She emphasized the importance of providing truly affordable housing, lowering crime rates, planning growth and protecting the environment.  Ms. Williams said she had the backing and strong support of the community's black leadership coalition.  Ms. Williams said she was ready, willing, able and eager to work with the Council on behalf of all people to develop policies in the best interest of all citizens.

 

Mayor Broun expressed the Council's thanks to all ten applicants for their remarks and willingness to serve the community.  He noted that the Council planned to make an appointment to the vacancy at its October 28th meeting.

 

Council Member Andresen said she favored having a forum at which to ask questions of the candidates.  Council Member Brown said she favored having a forum and sending written questions to the applicants.  Council Member Capowski said he would like to have the opportunity to ask oral and written ad hoc questions to the applicants.  He emphasized the importance of identifying a process for handling questions and answers for the large number of applicants.  Council Member Rimer said it would be difficult to ask ad hoc questions to ten persons in a fair and consistent manner.

 

Council Member Werner said the process would be somewhat subjective.  Council Member Werner suggested that groups of up to four council members meet with each of the candidates.  He noted that it would be quite difficult to deal with ten applicants in a fair and open process.  Expressing his support of Council Member Brown's suggestion concerning written questions, Council Member Werner urged the Council not to make the process too agonizing for applicants.  Mayor Broun said he strongly shared Council Member Werner's views on these matters.

 

Council Member Brown said the Council could utilize short, written statements and an in-person question and answer session as parts of the selection process.  Mayor Broun said he favored keeping any questionnaires short.  Council Member Andresen said she favored small groups of council members meeting with applicants.  She said a desirable goal for the Council would be to have a consensus candidate to fill the vacancy.

 

Council Member Herzenberg expressed concern that council members meeting in groups of four or  would violate the spirit, if not the letter of the State's opening meetings law.  He said it might be preferable for Council Members to meet with applicants individually or in groups of two or three.  Mayor Broun emphasized the importance of a public selection process.  He said the Council could possibly make a decision at its October 28th meeting or develop a short list at that time.  Council Member Herzenberg said it might be advisable to give some thought to how voting would be handled.  He suggested that the Council might use ballots as done with board and commission appointments.  Council Member Herzenberg said there were also other ways to handle voting on the matter.  He emphasized the importance of making the process as clear and comfortable as possible.  Mayor Broun inquired whether state statutes provided for specific nomination and appointment procedures.  Mr. Karpinos stated that the Council could make nominations this evening or at the October 28th meeting.  Mayor Broun asked whether the appointment could be made by written ballot at the October 28th meeting.  Mr. Karpinos said yes.

 

Council Member Werner noted that the Council would likely discuss the Council appointment extensively among themselves.  He added that it would be inappropriate to discuss the perceived failings of individual applicants.  Council Member Werner added that the Council would achieve an informal consensus concerning the appointment prior to the October 28th Council meeting.  Council Member Brown said she was willing to submit one or two questions for consideration if other Council also wished to do so.  Mayor Broun said it appeared that the majority of the Council appeared to favor having individual or small group conversations with Council applicants.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL TEN APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

 

                       Item 3  Petitions

 

James Brittian, representing the Midway Development Commission, said the Commission was in the process of compiling a feasibility study.  He stated that the Commission was requesting $9,000 from the Town to assist with local economic development activities.  Mr. Brittian noted that the commission was also applying for $20,000 in grants from other sources.

 

Council Member Capowski inquired what would occur if the $20,000 in grants were not received.  Mr. Brittian said the commission would continue using available resources.  Council Member Capowski requested that staff provide possible funding sources for the $9,000 request in its follow-up report.  Council Member Andresen asked who would assist with the proposed economic development project.  Mr. Brittian said Carrboro town staff, university interns and other persons would provide assistance.  Council Member Andresen inquired how the $29,000 in funding requests would be used.  Mr. Brittian said the commission did not currently have articles of incorporation.  He added that activities would include meeting with foundations and other funding sources, compiling data and identifying a possible location for a business incubator.

 

Expressing concern about providing start-up costs for outside organizations, Council Member Andresen requested that staff provide a draft performance agreement in its follow-up report to the Council.  Council Member Andresen added that she did not favor the Town becoming a primary funding source for outside organizations. Expressing concern about parallel groups undertaking similar activities without cooperation, Council Member Werner inquired how the Midway Development Corporation would interact with existing economic development organizations.  Mr. Brittian said commission representatives had met with Chamber of Commerce officials.  He added that the commission proposed that a staff economic development specialist would coordinate efforts with other area agencies.  Council Member Werner emphasized the importance of coordinated activities and planning.  Mr. Brittian said the proposed project was within existing zoning ordinances.  He added that coordination was a very important objective of the commission.

 

Council Member Brown asked whether commission representatives had met with neighborhood representatives and other interested parties.  Mr. Brittian said yes, noting that additional meetings were planned.  He said the commission was in need of a volunteer coordinator.  Council Member Andresen noted that the Town of Carrboro had a staff person with a part-time specialization in economic development.  She inquired whether the Council might want to explore an in-house economic development staff person.  Council Member Capowski inquired about the proposed role of Mr. Mack Thompson in the commission's future activities.  Mr. Brittian said that Mr. Thompson, a commission volunteer, might or might not be hired as the commission's economic development specialist in the future.  Council Member Herzenberg noted that all candidates at a council candidates forum last fall had generally supported the concept of a small business incubator.  Council Member Herzenberg said it was good to see some follow-up on these types of proposals.

 

Mayor Broun said the proposed business incubator was a major undertaking.  He also said volunteers had done a remarkable job in handling the project to this point.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

Howard Diamond, a resident of the Southbridge neighborhood, distributed a recent newspaper article concerning a small child falling into a storm sewer drain.  Mr. Diamond said he had spoken to Public Works Director Bruce Heflin about the possibility of installing safety bars to prevent similar incidents in the future. Noting the importance of safety for children, Council Member Rimer also noted that storm drains had to handle large volumes of water during storm events.  Mr. Diamond said his emphasis was on finding an inexpensive method to enhance child safety around storm drains. Council Member Werner said the issue was a fairly well-defined one which could be referred to the manager for suggestions and solutions.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

Council Member Capowski expressed the Council's thanks to Mayor Broun, Town Manager Horton and Transportation Planner David Bonk for their work in securing Department of Transportation (DOT) funding for bikeways and sidewalks in conjunction with the NC 86 improvement project.  Mayor Broun said the DOT's apparent change in policy represented a significant moment for the area.  He noted that the revised transportation improvement program still needed to be reviewed by the local Transportation Advisory Committee (TAC) and the North Carolina Department of Transportation Secretary.  Mayor Broun said he felt that the TAC would approve the proposal.  He also expressed thanks to Durham officials and staff for their assistance.  Council Member Andresen also expressed appreciation to Department of Transportation officials.  Council Member Rimer suggested that the Mayor might forward a letter of thanks to the State Department of Transportation.

 

                Item 4  Boards and Commissions

 

Mr. Horton briefly reviewed existing vacancies on Council advisory boards and commissions.  Mr. Horton said the staff would welcome assistance by the Council in recruiting interested persons to serve on boards and commissions.  He noted that no applications had been received for the Orange County Animal Control/Shelter Operations Study Committee.

 

Council Member Andresen said she understood that the Triangle Fixed Guideway Advisory Group would meet with local elected officials as the group's activities proceeded.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO APPOINT ALL FIVE APPLICANTS BY ACCLAMATION.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

   Item 5  Steep Slopes Development Ordinance Text Amendment

 

Planning Director Roger Waldon provided an overview of issues highlighted in the memorandum before the Council.  Mr. Waldon said adoption of Ordinance 1 was recommended.

 

Council Member Rimer said the Town's design guidelines had been designed by staff and many other persons in the community.  He said the standards were companion to the Town's design guidelines.  Council Member Rimer said a number of design standards had been codified in the Development Ordinance.  He suggested that the Council consider waiting one and a half to two months before adopting the proposed ordinance, to permit the completion of proposed design standards.  Council Member Rimer said he was personally and professionally more comfortable with waiting for the new standards.

 

Council Member Andresen said she supported the staff's recommendation of adopting the proposed ordinance.  Council Member Andresen stated that the proposed ordinance appeared to be quite general in nature.  Council Member Andresen said she did not understand the rationale for delaying adoption of the ordinance. Mr. Horton noted that the first portion of the draft design standards would be presented to the Council on December 7th.  Council Member Rimer said a substantial chunk of detailed design standards would be presented as suggestions.  Council Member Rimer stated that he did not advocate slowing down or stopping the proposed ordinance.  Council Member Werner inquired how the proposed design standards would impact the ordinance.  Council Member Rimer said the greatest impact would be on slopes of twenty-five percent or more.  Council Member Werner noted that adopting steep slopes ordinance might be useful in reducing the number of necessary hearings.  He also noted that the adoption of some design standards might take up to one year.  Council Member Rimer noted that no development proposals would be impacted by delaying the proposed ordinance for six to eight weeks.

 

Council Member Capowski noted that the draft design standards would address steep slopes and a number of other matters.  He inquired whether adoption of the proposed ordinance would contradict any of the draft design standards.  Noting that this would be difficult to determine, Council Member Rimer said he was simply suggesting a slight delay in adopting the proposed ordinance.  Council Member Brown inquired about the nature of current development proposals.  Mr. Waldon said there were a number of development applications currently being reviewed.  Council Member Brown inquired whether the proposed design standards would be stronger than current ones.

 

Council Member Rimer said the Council would need to determine whether the proposed standards were sufficiently strong.  Council Member Werner inquired about grandfathering provisions for the proposed ordinance.  Mr. Waldon said this was determined on a case-by-case basis.  Council Member Werner asked whether the ordinance would apply to projects currently under review.  Mr. Karpinos said if the ordinance were adopted this evening, it would apply to any subsequent development applications.  Council Member Andresen emphasized the importance of making developers aware of new standards and ordinances.  Mr. Horton noted that the Council was scheduled to consider a number of development applications in January and February, 1993, which could be impacted by the proposed ordinance.

 

Council Member Capowski said the question before the Council appeared to be whether or not to adopt the ordinance, rather than when to adopt it.  He inquired about the impact of the proposed on sites such as the Culbreth Park subdivision.  Mr. Waldon briefly reviewed the site, noting that it contained numerous slopes of twenty-five percent or more.  He said the proposed ordinance would likely have necessitated lessening land disturbance and relocating some roadways.  Council Member Capowski inquired whether these differences would have increased housing costs for the Culbreth Park subdivision.  Mr. Waldon said this was quite likely.  Council Member Andresen inquired about the effect of true clustering development on the Culbreth Park site.  Mr. Waldon said the subdivision plan might have placed greater emphasis on the preservation of steep slopes and the use of flat spaces for recreation purposes.  Council Member Werner noted that affordable housing needs might outweigh steep slope considerations in some instances.  Council Member Werner said the proposed ordinance appeared to give the Council additional options.  Council Member Werner said the proposed ordinance gave the Council additional authority to disapprove poorly planned projects.

 

Council Member Brown inquired whether it was correct that current design guidelines necessitated road reconfigurations in some areas of steep slopes.  Mr. Waldon said that this was correct, adding that matters of this type needed to be handled very carefully.  Council Member Rimer asked whether it was correct that current design standards were incorporated in the Town's Development Ordinance.  Mr. Karpinos said reference was made to them in the Development Ordinance.  Council Member Rimer said he favored proceeding more slowly on the matter to allow greater flexibility in regard to steep slope development in the future.  Council Member Capowski noted that the Design Review Board encouraged the Council not to adopt the proposed ordinance because it did not grant sufficient flexibility.  Council Member Capowski said he did not agree that the proposed ordinance was inflexible.  He added that although board support was only lukewarm, he favored proceeding with adoption of the proposed ordinance.

 

Council Member Brown emphasized the importance of coordinating design standards with the proposed steep slopes development ordinance.  Council Member Andresen said it appeared that the proposed ordinance change did not go far enough in addressing some environmental matters.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 1.  THE MOTION FAILED TO PASS ON FIRST READING, BY A VOTE OF 5-2, WITH COUNCIL MEMBERS HERZENBERG AND RIMER VOTING NO.

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1.

 

Council Member Capowski proposed a friendly amendment to add the Design Review Board to the proposed resolution language.  Council Member Werner said this appeared somewhat redundant.  Council Member Rimer stated that this would permit further review by the Board.  The motioner and seconder concurred with the proposed friendly amendment.

 

RESOLUTION 1, AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION REGARDING PROTECTION OF STEEP SLOPES (92-10-12/R-1)

 

WHEREAS, the Chapel Hill Town Council has noted the damage and extensive land disturbance that can accompany development of steeply sloped land; and

 

WHEREAS, the Council seeks the advice of its Advisory Boards, Commissions, and staff in the review and approval of development applications;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the:

 

-    Planning Board          -    Appearance Commission

-    Transportation Board    -    Historic District Commission

-    Parks and Recreation    -    Greenways Commission

          Commission         -    Design Review Board

-    Town Manager

 

give careful attention in their review of development proposals to guidelines outlined in the Site Design section of the Design Guidelines, especially to proposed development in slopes of 25% or greater.

 

This the 12th day of October, 1992.

 

              Item 6  Solid Waste Management DOTA

 

Mr. Horton said key issues concerning the proposed amendment were summarized in the staff memorandum to the Council.  Council Member Brown inquired about special arrangements for buildings in tight quarters requiring reconstruction.  Mr. Waldon said that merchants in such situations were encouraged to coordinate refuse collection and recycling activities.  Mr. Horton added that Town staff could work with individual business owners to explore options for joint usage of refuse disposal and recycling facilities.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 2.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING SOLID WASTE MANAGEMENT (92-10-12/O-2)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to adjust the provisions for solid waste management, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED that the Chapel Hill Development Ordinance shall be amended as follows:

 

                           SECTION I

 

REPLACE a Subsection 14.11 with the following:

 

14.11     Collection of Solid Waste and Recyclables

 

          All developments shall provide a detailed solid waste management plan, including a recycling plan and a plan for management of construction debris subject to approval by the Town Manager.

 

          All developments shall provide secure, safe, and sanitary facilities for the storage and pickup of solid waste and recyclables.  Such facilities shall be convenient to collection and shall be appropriate to the type and size of the development being served.

 

          Except for single- and two-family dwellings, all solid waste and recyclables storage facilities shall be screened by a solid wall, fence, tight evergreen hedge, or combination of the above.  Such screening shall be of sufficient height and design to effectively screen the facility from the view from adjacent residential uses and streets, and from adjacent properties.

 

          Design Manual Reference:  Section 8

 

                          SECTION II

 

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 12th day of October, 1992.

 

              Item 7  Hotel-Motel Tax Allocation

 

Council Member Rimer said he had ranked agency funding proposals by polling individual council members.  He briefly explained the ranking system and vote distribution.  Council Member Rimer said specific funding levels could be further discussed this evening.  Council Member Werner said he thought the committee's charge was to present funding recommendations to the Council.

 

Mayor Broun said although he very much favored assisting the Senior Center, he thought the funding emphasis was on cultural and visitor-related projects.  He inquired whether other funding sources were available to fund this program.  Mr. Horton stated that funds from the Town's General Fund were available from time to time.  Council Member Andresen inquired whether the Senior Center's programs were included in visitor and cultural service activities.  Mr. Horton said this program could fall under the broadly construed heading of cultural support services.

 

Council Member Capowski said he thought that total funding available was $29,000, rather than $28,000.  He inquired whether the fourth-ranked agency had received the balance of available funding.  Council Member Rimer said this was correct.  Council Member Capowski inquired about the possibility of pro-rating funding to each of the four highest-ranked activities.  Council Member Werner noted that the third-ranked project was the only one of the four which had not requested a specific funding amount.  Mr. Horton noted that a total of $29,000 was available for funding.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2, AS AMENDED, WITH TOTAL FUNDING OF $29,000, RATHER THAN $28,000, WITH AN ADDITIONAL $1,000 ALLOCATION TO THE NORTH CAROLINA SYMPHONY SOCIETY.

 

Noting that the Town was potentially providing total funding of $23,000 to the Senior Center during the current fiscal year.  Council Member Andresen said she wondered about the amount of return to the Town since a leased space was involved.  Mr. Horton said the Senior Center was very generous in allowing the use of its facility for a variety of community programs.  Noting that the Senior Center had installed over $100,000 in leasehold improvements, Council Member Rimer said it was very unlikely that the Senior Center would move out of its current facility in the near future.

 

Council Member Brown expressed concern that some larger projects were funded each year, while other smaller, worthwhile projects received no funding.  Council Member Herzenberg noted that the lower funding level had been challenging for the agencies and Council committee alike.  Noting that he supported the allocation process as it had evolved, Mayor Broun said he was really concerned about future allocation processes.  Council Member Andresen said the process became slightly politicized when the Council became involved.  She noted that the Human Services Advisory Board interviewed each agency requesting funding.  Council Member Rimer suggested that the Council work with staff to review criteria for evaluating hotel-motel tax allocation proposals.

 

Council Member Werner said of the four or five different allocation methods attempted to date, the most recent approach of a quantitative vote of the Council, appeared to work quite well.  Council Member Herzenberg noted that Council Member Andresen was correct that the Human Services Advisory Board interviewed representatives of each agency requesting funding.  He added that hotel-motel tax allocation tended to be peripheral from the Parks and Recreation Commission's work.  Mayor Broun encouraged council members to think about a preferred allocation process for next year.

 

RESOLUTION 2, AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 6-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

A RESOLUTION APPROVING GRANTS FROM HOTEL-MOTEL TAX FUNDS

(92-10-12/R-2)

 

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby authorizes the following funding allocations, and authorizes the Manager to enter into performance agreements regarding the services or projects proposed to be undertaken:

 

     The ArtsCenter                                  $14,000

          Partial payment of rent

    

     Friends of the New Chapel Hill Senior Center          11,000

          Senior Center Kitchen

    

     North Carolina Symphony Society/local chapter     2,560

          Free summer concert

 

     Community Youth Theatre                               1,440

          Summer drama performances

 

This the 12th day of October, 1992.

 

             Item 8  Low-income Housing Allocation

 

Planning Coordinator Chris Berndt briefly reviewed the two funding requests for local low-income housing programs.  She noted that funding of $4,000 was recommended by staff for the Triangle Housing Partnership and $35,000 was recommended for the Orange Community Housing Corporation.  Ms. Berndt added that the Housing Advisory Board had recommended that funding for the two programs be somewhat lower, in order to provide $10,000 for a low-income rental housing project.

 

Council Member Andresen inquired about the status of the Triangle Housing Partnership's two current projects.  Ms. Berndt said both projects were quite complicated and were still under way.  Council Member Andresen inquired about the status of Triangle Housing Partnership funds relative to a loan consortium.  Ms. Berndt said the partnership was working with local banks to set up funding for first-time home buyers.  Council Member Brown inquired about the Triangle Housing Partnership's role in the development of the Culbreth Park subdivision.  Ms. Berndt said the partnership had made applications for additional funding sources for the project.  She added that the partnership was helpful in putting together a very cost-effective package.  Mr. Horton noted that the partnership had provided very few tangible benefits to Orange County residents.

 

Council Member Herzenberg inquired about the Housing Advisory Board's recommendation concerning a low-income rental housing program.  Ms. Berndt said staff could work with the Housing Advisory Board to help define the program's goals.  Council Member Andresen suggested that a performance agreement between the Town and the Triangle Housing Partnership could reflect the staff's concerns about the need for something substantial or tangible.

 

There was no initial motion for adoption of Resolution 3.1, concerning funding to the Triangle Housing Partnership.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 3.2.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION ALLOCATING FUNDS IN SUPPORT OF THE ORANGE COMMUNITY HOUSING CORPORATION (92-10-12/R-3.2)

 

WHEREAS, the Town Council has made commitments to the promotion of low and moderate income housing opportunities, in the form of statements in its Comprehensive Plan, and its allocation of General Fund revenues to low-income housing initiatives; and

 

WHEREAS, the Town has received a request from the Orange Community Housing Corporation, requesting funding support to enable Corporation to develop low and moderate income housing;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the allocation of $35,000 to the Orange Community Housing Corporation, in order to develop low and moderate income housing, and authorizes the Town Manager to execute a Performance Agreement with the Orange Community Housing Corporation in the amount of $35,000.

 

This the 12th day of October, 1992.

 

Mayor Broun said although the Triangle Housing Partnership had made some good progress, he concurred with the Manager's comments concerning the need for more tangible results for Orange County residents.  Council Member Brown inquired what would happen if the partnership received no funding from the Town.  Mr. Horton said it was likely that the partnership would stop work in Orange County.  Mr. Horton said he felt an obligation to give notice of the Town's concerns.  Council Member Capowski inquired about the partnership's overall track record.  Mr. Horton said the partnership was perhaps a little more successful in Durham and Wake counties.  Council Member Andresen asked whether Orange County representatives attended the Triangle Housing Partnership's meetings.  Ms. Berndt said yes.  Council Member Brown suggested that the Council's appointee to the Partnership carry the Council's concern about the work of the Partnership in Orange County to the group.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 3.1.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION ALLOCATING FUNDS IN SUPPORT OF THE TRIANGLE HOUSING PARTNERSHIP (92-10-12/R-3.1)

 

WHEREAS, the Town Council has made commitments to the promotion of low and moderate income housing opportunities, in the form of statements in its Comprehensive Plan, and its allocation of General Fund revenues to low-income housing initiatives; and

 

WHEREAS, the Town has received a request from the Triangle Housing Partnership to contribute, along with the cities of Durham and Raleigh, to the Partnership's efforts to stimulate construction of low and moderate income housing;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes allocation of $4,000 to the Triangle Housing Partnership, in order to stimulate construction of low and moderate income housing, and authorizes the Town Manager to execute a Performance Agreement with the Triangle Housing Partnership in the amount of $4,000.

 

This the 12th day of October, 1992.

 

            Item 9  OWASA Policy on Sewer Laterals

 

Assistant to the Manager Greg Feller presented an overview of the proposal, noting that OWASA did not currently maintain the portion of sewer laterals located within public street rights-of-way.  He said the proposed policy revision was a step in the right direction.

 

Council Member Capowski inquired who tapped into sewer mains.  Mr. Feller said the actual tapping of sewer mains was handled by OWASA staff.  Council Member Capowski asked whether Town inspectors made sure that roadways were properly restored to their original condition.  Mr. Feller said yes.  Council Member Capowski inquired whether it was correct that the proposal would not involve additional work for Town staff.  Mr. Feller said this was correct. Council Member Herzenberg inquired whether proposed condition number one in the resolution should be phrased more strongly.  Council Member Andresen said it would be a good idea to strengthen the language.  Mr. Feller said items five and six drew the desired conclusion.   Council Member Rimer said he did not know of any other water and sewer utility which did not assume responsibility for lateral maintenance.  He stated that OWASA should handle this responsibility.

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 4.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION REGARDING OWASA'S PROPOSED POLICY ON MAINTENANCE AND REPAIR RESPONSIBILITIES FOR SEWER LATERALS (92-10-12/R-4)

 

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes transmittal to the OWASA Board of the following comments regarding the proposed OWASA policy revision on responsibility for sewer laterals:

 

1. Neither the present policy nor the proposed revision is a significant incentive for private maintenance of the part of sewer laterals in public right-of-way. Many people are not aware that they have the responsibility under OWASA's present policy for maintaining laterals in the street right-of-way.

 

In addition, OWASA customers do not control the condition of laterals in rights-of-way, and cannot prevent damages to sewer laterals by other parties who do work in street right-of-way or due to heavy vehicles.

 

2. OWASA is best able to take quick, corrective action on repairing sewer laterals within right-of-way. OWASA has the expertise and resources to do this repair work when it becomes needed, and can recover its costs.

 

3. The installation and maintenance of laterals in street right-of-way can affect the condition of the public streets. In addition, it is important that sewer lateral installation and maintenance work in street right-of-way include traffic safety procedures. OWASA is already familiar with these safety requirements, while some independent contractors may not be.

 

4. For the above reasons, OWASA is requested to fully assume the responsibility for sewer laterals in public right-of-way as it has already for water service laterals in the right-of-way. The proposed policy revision is a positive step in addressing this responsibility.

 

5. OWASA could assume this maintenance responsibility as a basic service with costs paid through the basic sewer rates or OWASA could charge actual cost fees instead. OWASA should make a decision on this after receiving comments from customers.

 

6. OWASA should also maintain the part of sewer laterals in public utility easements or OWASA sewer easements.

 

This the 12th day of October, 1992.

 

 

             Item  10  Recall of Elected Officials

 

Mr. Karpinos said the Council had previously requested a report concerning the recall of elected officials by citizen initiatives.  Mr. Karpinos also said he had outlined a number of related considerations for deliberation by the Council.  Mayor Broun inquired whether the next step in the process would be to hold a public hearing.  Mr. Karpinos noted that this process had been used in the past.  He added that the Council had adopted various recommended charter amendments in the past, following public hearings.

 

Council Member Andresen said several items highlighted by the attorney merited further discussion by the Council.  Council Member Brown noted that the grounds for recall were also quite important. Noting that the attorney was seeking general thinking on matters this evening, Mayor Broun added that the matter could be further explored at a future Council meeting.  Council Member Werner inquired about the proposed recall procedure.  Mr. Karpinos stated that once the sufficiency of a petition was determined, an election would be held to determine whether or not recall was desired by the voters.  He noted the need to establish a specific standard for determining whether a recall election could be held.  Council Member Brown suggested that such standards be quite broad.  Mr. Karpinos said he would further explore this matter.  Mayor Broun noted the importance of citizens having some basis for determining whether or not a recall effort was official.  He suggested that the Attorney draft a charter amendment outlining possible grounds for recall without specific limitations.  Mr. Karpinos said he would do so.

 

Mayor Broun said recall elections should focus on whether or not a person should remain on the Council, rather than having the person or persons to be recalled listed on a ballot with other candidates for the seats in question.  Council Member Andresen concurred.  Council Member Herzenberg noted the importance of considering implications such as the possible recall of the entire Council.  Mr. Karpinos said that State statutes provided remedies to handle very unusual situations such as the recall of an entire Council.  Council Member Werner said it was important to have a limited period of time in which to complete a recall petition.

 

Council Member Brown inquired whether the proposed charter amendment would apply to currently-seated Council Members.  Mr. Karpinos said if the amendment were adopted, a citizen could initiate a recall against any Council Member or the Mayor for just cause.

 

Noting the community's transient nature, Council Member Capowski suggested it was not a good idea to use the number of registered voters as a numerical standard for triggering a recall election.  He suggested that the number of people voting in the most recent municipal election was a more definable standard.  Council Member Andresen expressed her concurrence.  She inquired about the approximate number of voters in the most recent municipal election.  Council Member Capowski said approximately 8,000 of 31,000 registered voters voted in the most recent municipal election.  Mayor Broun noted that the focal issue was determining the number of people that needed to sign a recall petition.  Council Member Herzenberg said that 8,000 appeared to be a very large number of signatures to gather, while 2,000 signatures seemed quite small.

 

Council Member Werner said it would be somewhat more difficult to gather the signatures of 2,000 registered voters.  Council Member Capowski noted that gathering signatures was a separate process from the actual recall election.  Council Member Rimer suggested using 2,000 to 3,000 signatures of registered voters as a standard for triggering a recall election.  Council Member Werner suggested using a percentage range, such as twenty-five to thirty-five percent of votes cast in the most recent municipal election.  Council Member Werner inquired about the deadline for submittal of legislative bill requests.  Mr. Karpinos said the General Assembly would meet in a long session.  He added that no deadline had been established for local bill submittals.  Council Member Herzenberg suggested using the votes cast for all mayoral candidates as a standard.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 5.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION THAT THE POSSIBILITY OF A CHARTER AMENDMENT PROVIDING FOR RECALL OF ELECTED TOWN OFFICIALS BE CONSIDERED IN PREPARATION OF THE TOWN'S POTENTIAL LEGISLATIVE REQUESTS FOR 1993

(92-10-12/R-5)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the possibility of seeking legislation to allow for citizen-initiated recall of elected officials be considered as a part of the Town's legislative program to be developed for the 1993 session of the North Carolina General Assembly.

 

This the 14th day of October, 1992.

 

 

           Item 11  OWASA-related Issues Work Group

 

Council Member Andresen said the objective of the work group would be to create a better working relationship between the Town and OWASA.  She added that current communications between the two parties were quite good.  Council Member Werner said the idea was a good one.  He noted that although the Town's relationship with OWASA was improving, it was a subject of some contention from time to time.  Council Member Herzenberg noted that no written, formal response had been received from the Carrboro Board of Aldermen or the Orange County Commissioners concerning the proposal.  Council Member Andresen said although there had been good discussion on policy matters, she did not expect to receive any written responses from the other local government bodies.  Noting his support for the proposal in concept, Council Member Herzenberg suggested that a copy of the memorandum be forwarded to Carrboro and Orange County officials.

 

Council Member Werner suggested that the work group make follow-up recommendations to all three local government bodies.  Council Member Brown said it was important to outline issues to be discussed by the work group.  Noting that all three bodies might have different issues for discussion, Mr. Horton suggested that the Council identify key issues for possible discussion.  Council Member Werner suggested preparing the list of issues so that it was attractive to other local government boards.  Council Member Andresen said she would circulate a draft memorandum for Council comment.

 

 

                    Item 12  Consent Agenda

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE CONSENT AGENDA AS PRESENTED.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(92-10-12/R-6)

 

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.   Minutes of September 14 and 21.

     b.   Calling hearings on comprehensive housing affordability strategy (R-7) and comprehensive grant program (R-8).

     c.   OWASA agreement for Stephens Street townhouses (R-9).

     d.   Transportation project ordinance (O-3).

     e.   Design Review Board composition (O-4).

     f.   McGregor Drive right-of-way closure (R-10).

 

This the 12th day of October, 1992.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (92-10-12/R-7)

 

WHEREAS, the U.S. Department of Housing and Urban Development requires an annual update of the Comprehensive Housing Affordability Housing Strategy; and

 

WHEREAS, the Town of Chapel Hill in cooperation with Orange County, Carrboro and Hillsborough has developed a consolidated CHAS in order to receive federal funds; and

 

WHEREAS, the U.S. Department of Housing and Urban Development requires a public hearing be held to give citizens an opportunity to comment on the Comprehensive Housing Affordability Strategy.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for 7:30 p.m., Monday, November 16, 1992 in the Council Chamber at Town Hall, 306 North Columbia Street, Chapel Hill, to receive citizens comments on the Comprehensive Housing Affordability Strategy as required by the U.S. Department of Housing and Urban Development.

 

This the 12th day of October, 1992.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE COMPREHENSIVE GRANT PROGRAM (92-10-12/R-8)

 

WHEREAS, the National Affordable Housing Act of 1990 has replaced the Comprehensive Improvement Assistance Program with the Comprehensive Grant Program; and

 

WHEREAS, the U.S. Department of Housing and Urban Development requires the development of a Comprehensive Plan in order to receive modernization funds; and

 

WHEREAS, the U.S. Department requires that a public hearing be held to give citizens an opportunity to comment on the Comprehensive Grant Program.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for 7:30 p.m., Monday, November 16, 1992 in the Council Chamber at Town Hall, 306 North Columbia Street, Chapel Hill, to receive citizens comments on the Comprehensive Grant Program as required by the U.S. Department of Housing and Urban Development.

 

This the 12th day of October, 1992.

 

 

A RESOLUTION AUTHORIZING THE TRANSFER OF A UTILITY EASEMENT TO THE ORANGE WATER AND SEWER AUTHORITY TO SERVE STEPHEN COURT TOWNHOUSES

(92-10-12/R-9)

 

WHEREAS, the Orange Water and Sewer Authority (OWASA) requires the dedication and recording of utility easements as part of its approval of water and sewer line extensions; and

 

WHEREAS, there is only a 15 foot public right-of-way for the service and OWASA requires a 30 foot right-of-way.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute an agreement to transfer and to record such transfer of utility easements on land which is owned by the Town of Chapel Hill as described in the attached drawing.

 

This the 12th day of October, 1992.

 

 

AN ORDINANCE TO ADOPT GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (92‑10‑12/O‑3)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

 

                           SECTION I

 

The projects authorized are Transit Capital and Planning Grants, more specifically known as Federal Transit Administration Grant NC‑90‑X143, awarded under the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and from a pass through agreement with the City of Durham dated September 1, 1991.  The projects provide funds for transit planning and capital activities.

 

                          SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration, the North Carolina Department of Transportation, the City of Durham and within the funds appropriated herein.

 

                          SECTION III

 

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

 

Section 8

 

     City of Durham (FTA & NCDOT)               $43,030

     Town of Chapel Hill (local match)            4,845

                                                ───────

                             Total              $47,875

 

Section 9

 

     Federal Transit Administration             $74,066

     N.C. Department of Transportation            9,258

     Town of Chapel Hill (local match)            9,258

                                                ───────

                             Total              $92,582

 

 

                          SECTION IV

 

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

 

                           SECTION V

 

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

 

This the 12th day of October, 1992.

 

 

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING DESIGN REVIEW BOARD COMPOSITION (92-10-12/O-4)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to modify the composition of the Design Review Board, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED that the Chapel Hill Development Ordinance shall be amended as follows:

 

 

                           SECTION I

 

AMEND Subsection 25.7.7 (B) to read as follows:

 

     B.   Board Representatives

 

          The Planning Board, Parks and Recreation Commission, Transportation Board, Greenways Commission, Appearance Commission, and Historic District Commission shall each designate one representative from their respective boards to be members of the Design Review Board.

 

                          SECTION II

 

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 12th day of October, 1992.

 

 

A RESOLUTION CLOSING A SECTION OF THE MCGREGOR DRIVE RIGHT-OF-WAY (92-10-14/R-10)

 

WHEREAS, the Council on June 22, 1992 adopted a resolution of intent to consider closing approximately 435 feet of the McGregor Drive right-of-way as shown on Orange County Tax Map 27, and adjacent to Block A, Lots 1 and 1A, which said right-of-way is approximately 60 feet wide; and

 

WHEREAS, a public hearing was held on September 21, 1992 to receive public comment; and

 

WHEREAS, closing this part of McGregor Drive right-of-way would not be contrary to the public interest; and individuals owning property in the vicinity of the right-of-way would not be deprived of reasonable means of ingress and egress to his or her property by the closing of said right-of-way;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order pursuant to North Carolina General Statutes 160A-299, permanently closing a part of the McGregor Drive right-of-way subject to the reservation of any necessary utility easement, which shall be shown on a plat to be provided by the party requesting the right-of-way closure, approved by the Chapel Hill Engineering Department, and recorded with the Orange County Registrar of Deeds.

 

BE IT FURTHER RESOLVED that the right-of-way closure plat shall be recorded in the Orange County Register of Deeds simultaneously with the recordation of the new road right-of-way as shown on the final plat associated with the Erwin Village preliminary plat subdivision approval of June 22, 1992.

 

This the 12th day of October, 1992.

 

 

                  Item 13  Information Report

 

Council Member Rimer expressed concern about the projected increase in water usage between 1990 and 2000.  Council Member Andresen inquired whether the university's conservation measures also applied to the hospital complex.  Mr. Horton said he was not certain whether the university hospital utilized similar measures.  Council Member Brown inquired about a large difference in projected future daily water usage by the University's boiler plant.  Ms. Berndt said projected water usage would decrease as fine-tuning occurred.

 

Mayor Broun noted that a Joint Planning public hearing would be held on Wednesday, October 14th at 7:30 p.m. at the Culbreth Middle School.  No report followed a brief executive session.

 

The meeting concluded at 11:15 p.m.