REGULAR MEETING OF THE CHAPEL HILL TOWN
COUNCIL
MONDAY, JUNE 9TH, 1997 AT 7:00
P.M.
Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Pat Evans, Richard Franck, Lee Pavăo, Edith Wiggins. 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 3 Petitions
Bitty Holton requested that the Council direct the installation of a stop sign at the intersection of Brookview, North Lakeshore and Honeysuckle Drive. Ms. Holton said that many of her neighbors were concerned about traffic in the area which exceeded speed limits and cars which failed to stop completely when coming to the intersection of Brookview and Lakeshore Drives. Noting that there were no sidewalks at this particular intersection, Council Member Andresen expressed her support for Ms. Holton’s petition.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER MS. HOLTON’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
R.D. Smith petitioned the Council to allow the Manager to pro-rate vehicle tax bills for citizens who either sold their vehicles or lost their vehicles to accidents during a tax year.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MR. SMITH’S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Steve Stolton, of the Old Forest Creek neighborhood, petitioned the Council to not allow jet traffic at the Horace Williams Airport. Noting that he worked out of his home, Mr. Stolton said that he was frequently disturbed by planes noise overhead. Mr. Stolton stated that he really wanted to see the airport closed altogether. Mayor Waldorf noted that until the University found another location in Orange County for the airport, it would likely remain in its current location.
She also noted that a committee had been established to seek the discontinuation of jet traffic at the Horace Williams Airport.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER TO REFER MR. STOLTON’S PETITION TO THE AIRPORT COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Toni Jo Friedmann stated that she and a number of other citizens had marched from downtown Chapel Hill to the Town Hall yesterday afternoon as a means of expressing their concern about the lack of support or attention by the Council to quality of life issues in the Town’s existing neighborhoods. Ms. Friedmann said that her group, the Alliance for Neighborhoods, had left banners and messages in the hallway at Town Hall intended for Council Members to see. She expressed concern that these materials had been removed prior to the Council having the opportunity to see these materials. Ms. Friedmann requested an explanation of the staff’s actions.
Mr. Horton said there was no practice or policy to allow displays at the Town Hall without prior authorization from Town staff.
Council Member Brown expressed a desire to see the materials in question. Ms. Friedmann said that the materials could be made available for review by interested persons. Also expressing interest in reviewing the materials, Council Member Andresen said she would have preferred the Council being consulted prior to the removal of the materials. Council Member Evans expressed her support for the staff’s actions, stating that staff permission should have been obtained. Ms. Friedmann said that such permission had been given. Mr. Horton said that he had no knowledge of such permission being granted.
Council Member Pavăo said although there had been some good comments at the citizen’s march, there had also been some unfortunate and derogatory comments about the alleged actions of some Council Members. Ms. Friedmann said that these comments were not made by Alliance for Neighborhoods members. Council Member Brown said it needed to be made clear to citizens in the future that displays of this type required prior authorization from Town staff. Mr. Horton concurred, adding that such displays could not disrupt Town business activities.
COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER MS. FRIEDMANN’S PETITION FOR A FOLLOW-UP REPORT BY TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Parks and Recreation Commission Member Dianne Lemasters requested that the Council create a Bicycle Planning Task Force. She said that the goals of the task force would be: (1) to identify visible and easily attainable bicycle trails, (2) to update the bikeway portion of the Town’s 1989 Community Facilities Report, (3) present findings for the 1998-1999 Town budget and (4) to ultimately establish a Town Bikeways Committee. Ms. Lemasters said that both Transportation Board Chair Steve Manton and Greenways Commission Chair Pam Hemminger supported the concept of a Bicycle Planning Task Force. On a separate matter, Ms. Lemasters also suggested the possibility of board and commission members periodically getting together on a social basis to get to know each other and to facilitate work which could be done cooperatively between boards.
Noting that the University had a staff member who specialized in bicycling issues, Council Member Evans suggested that this person might be a good addition to the proposed task force. Council Member Brown suggested appointing a representative from Orange County. Council Member Capowski suggested consulting with the Town’s Public Works Department about street maintenance and conditions information.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER MS. LEMASTER’S PETITION TO TOWN STAFF.
Council Member Andresen said that although the proposed task force was good for short-term concerns, it would be preferable to have a bikeways advisory group of a more permanent nature.
She also suggested that Jennie Caparella, an avid local cyclist, might be interested in serving on the task force.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Stating that Council Members were elected on an equal basis and should therefore have an equal voice in decision-making and that one Council Member was absent this evening, Council Member Evans suggested that the Council defer appointments until all Council Members were present.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO DEFER APPOINTMENTS TO THE COUNCIL’S JUNE 23RD MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Andresen reported that she and Council Member Pavăo had met, and would be meeting again, to discuss the process and forms for evaluating the Town Manager and Town Attorney. Council Member Andresen said that Council Member Pavăo and herself hoped to complete their work by July 7th.
Mayor Waldorf requested that item number eight be moved up on the agenda to item number 4.3, so that Mr. Perry could get to the Chapel Hill-Carrboro School Board meeting as soon as possible. The motion passed by Council acclimation.
Consent Agenda
Council Member Brown requested removal of item c for discussion in conjunction with item number nine on this evening’s agenda.
Council Member Capowski requested removal of item d for discussion.
COUNCIL MEMBER PAVĂO MOVED TO ACCEPT CONSENT AGENDA WITH ITEMS A, B, AND E. SECONDED BY COUNCIL MEMBER EVANS AND PASSED UNANIMOUSLY.
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES
(97-6-9/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:
a. Minutes of March 19th, April 7th, May 5th, 6th and 13th.
b. Nominations to the Greenways Commission, Historic District Commission and Orange Water and Sewer Authority Board of Directors.
c. Purchase of garbage truck (R-2).
d. Change order for South Estes Drive public housing renovations (R-3).
e. Franklin Street Mile Road Race on September 20, 1997 (R-3.1, O-1).
This the 9th day of June, 1997.
A RESOLUTION TEMPORARILY CLOSING PORTIONS OF EAST FRANKLIN STREET, HENDERSON STREET, HILLSBOROUGH STREET AND RALEIGH STREET (FRANKLIN STREET MILE ROAD RACE) (97-6-9/R-3.1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of East Franklin Street between Columbia Street and Boundary Street; Henderson Street between Franklin Street and Columbia Street; Hillsborough Street between Franklin and Rosemary Street; and Raleigh Street between Franklin Street and Cameron Avenue on Saturday, September 20, 1997 from 8:30 a.m. to 11:30 a.m., to allow the holding of the Franklin Street Mile Road Race.
This the 9th day of June, 1997.
AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF FRANKLIN STREET(FRANKLIN STREET MILE ROAD RACE) (97-6-9/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
That on the 20th day of September, 1997 between the hours of 8:00 a.m. and 11:30 a.m. there shall be no parking on either side of Franklin Street between Columbia Street and Boundary Street.
The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said street during such hours on said date. The Police Department is further authorized to remove, tow, and impound vehicles of any kind which are parked on said street during such hours in contravention of the Ordinance. In light of the event and the large number of pedestrians expected in the street area, the Council hereby determines that vehicles in the restricted areas would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.
This the 9th day of June, 1997.
Item #8 Meadowmont Deadline for Reports and Applications
Mr. Horton reviewed the proposed schedule, noting that staff was suggesting the possibility of scheduling another meeting on July 2nd or 3rd to discuss the Meadowmont proposal.
Stating that the School Board had not considered alternative sites, Council Member Capowski said it was very important that the proposed school be a superior one on a suitable site. Council Member Capowski said based on what he had heard from the School Board and other professionals, he was not convinced that the proposed site was going to allow for a superior product. He suggested that the Council and the School Board have another meeting to discuss school site alternatives. Noting that the Orange County Commissioners and the Chapel Hill-Carrboro School Board were holding a joint meeting this evening, Mayor Waldorf noted that representatives from the School Board would be attending the Council’s next hearing on June 19th. Mr. Karpinos noted that the matter on the floor concerned the possibility of setting another meeting date..
COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 5, SUBSTITUTING A MEETING DATE OF JULY 2ND FOR JUNE 30TH.
Mayor Waldorf clarified the motion by stating that the meeting being proposed was for the purpose of receiving the staff’s follow-up report from the Council’s June 19th public hearing. Council Member Andresen inquired whether it was possible that a vote would be taken on July 2nd. Mr. Karpinos said this was a possibility, depending upon the Council’s wishes. Council Member Andresen expressed concern about the message it would send to take such an important issue a couple of days before a holiday.
RESOLUTION 5, AS AMENDED, WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS ANDRESEN AND CAPOWSKI VOTING NO.
A RESOLUTION STATING INTENT TO CONTINUE PUBLIC HEARINGS (97-6-9/R-5)
WHEREAS, the Council has opened a series of five Public Hearings on applications for Special Use Permits for the proposed Meadowmont development; and
WHEREAS, the Council desires to allow time for full and careful consideration of these applications, including opportunities for public comments; and
WHEREAS, the Council has most recently recessed these hearings, to be reconvened on June 11, 1997;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council states its intention to continue these five Public Hearings sequentially to the following dates:
June 11
June 19
June 23
July 2.
This the 9th day of June, 1997.
Council Member Andresen restated her desire to meet informally with the School Board to discuss other options since the school site being contemplated clearly had problems. Mr. Karpinos noted that this discussion was appropriate as long as it took place within the context of the public hearing process. Council Member Brown noted that there were five special use permit applications before the Council. Mr. Horton said that the special use permits were based on a Master Land Use Plan which stipulated that if the school site were not used, it could be used for fifty additional housing units. Noting that there was no other school site on the approved master land use plan, Mr. Horton said considering another site would necessitate a revision to the master land use plan. Council Member Brown said the Council would have a better sense of the situation following the public hearing on June 19th.
Item #6 Paid Leave for Election Work by Town Employees
COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE 4. THE MOTION FAILED TO PASS ON SECOND READING ON A 4 TO 4 VOTE. COUNCIL MEMBERS VOTING YES WERE COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI AND FRANCK. VOTING NO WERE MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVĂO AND WIGGINS.
Item #7 Special Use Permit for Estates Planned Development
Mr. Karpinos presented an overview of the history of the Estates development special use permit to date. He noted that although the Court of Appeals had been asked to review the matter, the Council had no choice other than to approve the applicant’s special use permit request. Council Member Capowski inquired about the possibility of modifying language relative to the special use permit. Mr. Karpinos said it was not permissible to change the language of the proposed resolution. He added that the approval would be based on the court order and would acknowledge the pending status of an appeal of the decision. Expressing her sadness at having to vote yes on this matter, Council said that the Council had good, credible evidence to turn down the applicant’s request and make a strong appeal.
Council Member Evans noted that she had requested the Council’s support for the provision of additional recreation space. She said if her proposal had been supported, it would have been part of the proposed development.
COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.
A RESOLUTION ISSUING A SPECIAL USE PERMIT
FOR THE ESTATES PLANNED DEVELOPMENT - HOUSING (SUP 24-25C) (97-6-9/R-4)
WHEREAS, by Order entered May 8th, 1997, and modified on May 30th, 1997, the Orange County Superior Court has directed the Town of Chapel Hill to grant approval for the petitioners to construct the proposed Estates development in accordance with the petitioners’ application and as set forth in Resolution A-1 as it appeared in the agenda materials for the Town Council’s February 24, 1997, Council Meeting.
NOW, THEREFORE, BE IT RESOLVED that the Town Council, in order to comply with the terms of the Court Order, does hereby authorize and direct the issuance of a Special Use Permit for The Estates Planned Development - Housing, according to the site plan dated August 8, 1995 (revised May 2, 1996), on property identified as Chapel Hill Township Tax Map 24, Lots 25C; and Tax Map 24M, Lots 1-142; in accordance with the plans listed above and subject to the conditions listed below:
1. Stipulations Specific to the Development
A. That construction begin by February 24, 1999 (two years from the date of Council approval) and be completed by February 24, 2000 (three years from the date of Council approval).
B. That the approval allows up to 22 single-family dwelling units on individual lots, with 44 parking spaces and up to 240 multi-family units with 435 parking spaces.
2. Required Improvements:
A. That Westminster Drive be extended into the site to the southern property line.
B. That the developer shall construct the northern half of the Westminster Drive extension to a 3 lane, 41-foot cross-section back-of-curb to back-of-curb, with a 5-foot concrete sidewalk on both sides, and dedicate a 70-foot public right-of-way.
C. That the developer shall construct the southern half of the Westminster Drive extension to a two-lane 27-foot cross-section back-of-curb to back-of-curb, with a 5-foot concrete sidewalk on one side, and dedicate a 50-foot public right-of-way.
D. That the developer shall replace the existing unused curb cut on Westminster Drive with standard curb and gutter.
E. That Streets "A" and "B" shall be constructed to public street standards, with a 27-foot back-to-back cross-section with curb and gutter. A 50-foot public right-of-way shall be dedicated.
F. That an "entrance only" drive shall be provided from Kingston Drive into the multi-family portion of the site.
G. That an "exit only" drive and a two-way drive shall be provided from the multi-family portion of the site to Westminster Drive as indicated on the approved plans.
H. That all parking lots and drive aisles shall be designed and built to Town standards.
I. Removed.
J. That two on-site parking spaces shall be provided for each of the 22 single-family lots.
K. That a bus stop (pad, bench, and shelter) shall be provided on Westminster Drive if a location can be agreed upon. Alternatively, the applicant shall make a payment in lieu for the bus stop.
L. That an emergency only drive, with removable bollards at each end, be provided from the traffic circle vicinity to the single-family portion of the site, to allow for fire, police, and rescue vehicular access in case of emergencies. This drive would at all other times serve as a greenway path for bicyclists and pedestrians.
M. That 5-foot wide concrete sidewalk be provided in the following locations:
1) along the extended Westminster Drive frontage and the Kingston Drive frontage;
2) parallel to the internal drive that links the two multi-family pods (northwest and southeast portions of the site);
3) from the pool and tennis court areas to the apartment buildings;
4) from the parking areas to the apartment buildings;
5) from the northeast grouping of apartment buildings to Kingston Drive;
6) from the northeast grouping of apartment buildings along the "exit only" drive onto extended Westminster Drive; and
7) a continuous sidewalk loop around the exterior of each of the two pods of apartment buildings.
Stipulations Related to Recreation Area
3. Dedication of Recreation Area: That the final plat dedicate and deed the Recreation Area (which does not include the pool and tennis courts) to an owners' association for Parks and Recreation purposes only. The developer remains responsible for the recreation area until the Town or an owners' association accepts the property.
4. Recreation Space Improvements and Payment-in-Lieu: That the three proposed facilities (a swimming pool in a grouping of 5 apartment buildings, a tennis court in the other grouping of 6 apartment buildings, and a picnic/play area in the center of the site), totaling 23,222 square feet of recreation space, will be provided for the residents of this development. In addition, land previously shown as “Lot 11” in the single-family portion of this proposed development shall be added to the permanent, on-site recreation space, and improved as a picnic/play area. The proposed type, design and location of the recreation improvements shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Landscape Elements
5. Detailed Landscape Plan Approval:
a. That a detailed landscape plan (including the buffer plantings) and landscape maintenance plan be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall include:
Ř Type "C " (minimum width 30 feet) buffer along the northern property lines, and along the western property line which would abut the right-of-way for the new section of Westminster Drive.
Ř Type “B” buffer, of widths varying between 50 and 75 feet, including a 35-foot band of undisturbed vegetation, along the eastern property line of the multi-family portion of the development.
Ř Type "B" buffer (minimum width 20 feet) along all other property lines.
b. The landscape buffers shall not be provided on individual lots, but instead shall be a part of the apartment property or common area controlled by an owners' association.
c. Existing vegetation may be used to fulfill buffer requirements where possible. Supplemental planting may be required in certain areas to meet buffer standards.
d. That new landscape buffer plantings be located on slopes of 4:1 or gentler, except on 3:1 slopes with Town Manager approval.
6. Traffic Circle: That the landscape area in the center of the traffic circle in Westminster Drive shall be maintained by an owners' association or the apartment owner(s).
7. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Water, Sewer and Other Utilities
8. Extension of Storm Drainage Pipes: That all storm drainage pipes be extended past any proposed buildings.
9. Removal of Swales: That the proposed drainage inlets between Lots 1 and 2 and on Lot 6 will not be installed on private lots unless the Town Manager determines that the proposed locations are preferable to location of the inlets in the public street.
10. Stormwater Management Plan: That a comprehensive stormwater management plan, based on the Town's Hydros computer model, be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
11. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.
12. Utility/Lighting Plans: That final utility/lighting plans and dedication of any necessary easements be approved by Orange Water and Sewer Authority, Duke Power, Southern Bell, Public Service Company, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit. The Developer shall be responsible for assuring these utilities, including cable television, are extended to serve the development.
13. Utility Service Laterals: That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot.
14. Fire Flow: That a detailed fire flow report be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, to be approved prior to issuance of a Zoning Compliance Permit.
An emergency only drive, with removable bollards at each end, shall be provided from the traffic circle vicinity to the single-family portion of the site, to allow for fire, police, and rescue vehicular access in case of emergencies. This drive would at all other times serve as a greenway path for bicyclists and pedestrians.
Miscellaneous Stipulations
15. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Regarding the proposed trash compactor to serve the apartment dwellers, the final plans shall include a detail of the proposed compactor area along with a collection schedule to assure that the proposed single compactor will provide adequate capacity to serve the entire multi-family portion of the development.
A note shall be included on the plans and recorded plat indicating that the Town will not be responsible for servicing the compactor(s).
16. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydrologic calculations), landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance all applicable conditions and the design standards of the Development Ordinance and the Design Manual.
17. Homeowners' Association: For the single-family portion of the site, that a Homeowners' Association be created that has the capacity to place a lien on the property of a member who does not pay the charges for maintenance of common areas, however designated. The Homeowners' Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross referenced on the final plat.
18. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.
19. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
20. Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.
21. Construction Sign Required; That the applicant post a construction sign that lists the property owner's representative, with a telephone number; the contractor's representative, with a phone number; and a telephone number for regulatory information prior to issuance of a Zoning Compliance Permit.
22. Stubout Signage: That the developer shall post a sign at the end of the street stubout indicating that the road is subject to future extension.
23. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
24. Erosion Control: That a detailed soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.
25. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
26. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
27. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council notes that the Intervenors in the Civil Action filed seeking judicial review of the Council’s initial decision to deny this permit (Estates, Inc., et al v. Town of Chapel Hill, et al 97 CVS 339, Orange County) have decided to appeal the Orange County Superior Court’s decision, which decision has ordered the Council to adopt this resolution.
BE IT FURTHER RESOLVED that the special use permit for the Estates is still the subject of legal challenge and may be void if the Trial Court’s Order requiring the Town to issue the permit is reversed in subsequent court proceedings and the Council’s original decision to deny the special use permit is reinstated.
BE IT FURTHER RESOLVED that the special use permit which is issued for recordation shall indicate the pending status of this appeal.
This the 9th day of June, 1997.
Item #9 Budget Proposal for 1997-98
Matt Robinson, representing the Black Public Works Association (BPWA), said that the BPWA
was disappointed that the Manager’s proposed budget had not incorporated more of their ideas.
He stated that the Manager’s proposed strategy to address salary compression did not assist employees who were already experiencing compression-related difficulties. Stating that the average salary for black public works employees was $24,399, compared to $30,023 on average for white public works employees, Mr. Robinson said that many black employees were forced to have second jobs. He also said that only 8% of black public works employees made over the “living wage”, while 39% of white public works employees attained this standard. Mr. Robinson asked the Council to reconsider the terms of the BPWA’s freedom budget. He also expressed support for continuation of the Town’s bookmobile service, stating that it served many people in the community and would be missed if the program were discontinued.
Betty Maultsby said that she supported curbside collection as a part of an integrated solid waste management plan. Ms. Maultsby said that although backyard refuse collection was paid for by all Town residents, it was used by only 40% of residents. She also noted that curbside collection programs, excluding pilot programs, had a participation rate of 73%. Ms. Maultsby urged the Council to adopt curbside refuse collection as part of the Town’s proposed budget.
Mayor Waldorf presented a brief overview of budget options drafted by the Manager based on Council discussions from previous meetings and work sessions. Mayor Waldorf said that the big ticket items were waste reduction, personnel costs, and debt service related to bond issues.
Council Member Brown presented a proposal suggesting the creation of a Council committee to look into solid waste management, with three main goals: (1) the highest reduction in costs possible, (2) the highest waste reduction possible and (3) flexibility to meet the needs of special citizens, including the elderly, physically impaired and low income families, as well as those willing to pay for higher level of service. Council Member Brown said that she supported a “pay as you throw” program, with special considerations for lower-income persons and households.
Council Member Andresen expressed concern about the lack of flexibility for persons who wished to continue backyard refuse collection service. Mayor Waldorf inquired about the possibility of having curbside and backyard refuse collection available on the same collection route. Mr. Horton stated that savings would decrease to an insignificant amount if the two systems were paired on the same route.
Council Member Evans questioned the savings of a “pay as you throw” system which would reduce people’s taxes and then ask them to pay per bag of garbage. Council Member Franck assured Council Member Evans that the net outcome would be a savings for the town and for the citizenry and voiced his support for Council Member Brown’s proposal. Council Member Pavăo expressed concern that the actual figures from implemented programs did not turn out as well as initial projections prior to implementation. Council Member Franck said he believed that the projected savings were probably understated by staff.
Council Member Andresen stated that she could only support the proposal if there were flexibility in collection method choices, consideration for low-income families, and if the proposed committee was a small one, charged to work through the summer and come back with results in the fall. Council Member Evans pointed out that the proposed goals were not in accord with the concept of choice, since the “highest” reduction in cost and waste would probably be a “pay as you throw” system, thereby eliminating choices. Council Member Brown responded that the goals were essential and that the “choice” should be for a sustainable future. Mayor Waldorf and Council Members Andresen, Evans and Brown all noted that education was essential to having a successful integrated solid management program.
COUNCIL MEMBER FRANCK MOVED THE ADOPTION OF COUNCIL MEMBER BROWN’S PROPOSAL. COUNCIL MEMBER BROWN SECONDED THE MOTION.
Stating that the proposal lacked flexibility, Council Member Andresen said she could not support the proposed motion. Council Member Brown suggested the possibility of deleting the word “highest” and adding references to flexibility and choice of service in the third paragraph of the proposed resolution.
Council Member Wiggins requested that the proposal take into account the estimated 7% of the population who were unable to get their refuse to the curbside due to special circumstances. Mayor Waldorf noted that Council Member Brown would come back to the Council with a more detailed proposal including proposed membership criteria for the task force.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Mayor Waldorf opened up discussion regarding the possibility of once per week rearyard refuse collection. Council Member Andresen expressed her support for this proposal.
Council Member Evans suggested pairing once per week backyard pickup with an aggressive recycling program. Council Member Pavăo also expressed his support for this approach. Council Member Wiggins requested additional information about the impact of once per week rearyard collection upon collection staff. Public Works Director Bruce Heflin said that the two main impacts would be heavier loads and additional time on individual routes for sanitation collectors. He said an additional drawback was that cost savings would not be as substantial due to the need to pay additional overtime.
Upon requesting a straw poll regarding once per week backyard pick-up, Mayor Waldorf noted that only three Council Members were interested in this level and type of service.
Council Member Brown inquired about the possibility of waiting to buy a new garbage truck until the new collection system was known. Mr. Horton said any of systems being discussed would be compatible with the type of garbage truck being proposed.
COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A FRONT LOADER
(97-6-9/R-2)
WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on May 18, 1997, in accordance with G. S. 143-129 for the purchase of a front loader; and
WHEREAS, the following bids have been received and opened on May 27, 1997:
VENDOR BID
McNeilus................................................................................ $137,441.00
2160 Lee Road
Lithia Springs, GA 30057
Southern Truck Service
2418 Toomey Ave, Charlotte, NC 28203................................ $129,271.00
Cavalier Equipment Corp......................................................... $127,088.34
2974 Lee Hwy South Cloverdale, VA 24077
Alternate #1............................................................................ $126,305.00
Alternate #2............................................................................ $133,000.54
Alternate #3............................................................................ $132,217.30
Carolina Environmental Systems............................................... $140,159.00
2750 Hwy 66 South Kernersville, NC 27284
Alternate #1............................................................................ $128,223.00
Quality Equipment & Supply Co., Inc.................................... $135,157.00
1501 West Craighead Rd Charlotte, NC 28221
Lodal South, Inc...................................................................... $139,777.00
2207 Fayetteville Rd Rockingham, NC 28379
Alternate #1............................................................................ $136,207.00
WHEREAS, the bid from Cavalier Equipment Corporation was found to be the lowest responsive bid to the specifications;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the lowest responsive bid of Cavalier Equipment Corporation in the amount of $126,305.00.
This the 9th day of June, 1997.
Mayor Waldorf noted that the Council had not reached a clear conclusion regarding the possible addition of a zoning compliance officer position. Stating that he was comfortable with the idea in concept, Council Member Franck said he might bring some written charges in the future. Stating that adding the proposed petition would necessitate the deletion of an important, currently-filled position in the Planning Department, Council Member Andresen inquired whether the proposed tradeoff made sense. Noting that considerable work would be done on the Comprehensive Plan during the next year, Council Member Andresen said she wondered whether it made sense to eliminate the current position in the Planning Department. Mr. Horton said although this was a valid concern, the work could continue at a slower pace nonetheless. Council Member Brown Stating that she was still not convinced that a zoning enforcement officer position was needed, Council Member Brown said she thought that the zoning enforcement function could be taken care of with the more efficient use of existing staff.
Council Member Brown also requested information regarding the ratio of staff to supervisors in the Parks and Recreation Department. Mr. Horton said that supervisors in the department supervised full-time staff plus contractors and volunteers for specific events and programs. Council Member Andresen said that the zoning compliance function needed to be handled in a more effective way. She requested that staff report back to the Council on how this might be done.
Mayor Waldorf presented an overview of the bookmobile matter, noting that the Council appeared to be leaning towards selling the bookmobile. She also noted that there had been some discussion of providing free transit passes to persons wishing to patronize the library. Mayor Waldorf also noted that the Town’s Police and Fire departments were interested in converting the bookmobile into an emergency mobile unit. Council Member Andresen said she would endorse this idea in concept as long as existing library services for public housing communities and elderly persons were kept up. Noting that he would attending the Library Board’s next meeting on June 18th, Council Member Pavăo said he would report back to the Council about this meeting.
Council Member Andresen inquired about the possibility of hiring a contract employee for construction management, rather than hiring an additional full-time employee. Mr. Horton replied that the proposed position would be filled on a performance and at will basis, meaning that the position would be terminated if the function was no longer necessary. He also said that offering benefits was essential to attracting a good candidate.
Referencing the bookmobile, Council Member Brown reiterated the need for services to be continued if the program itself were discontinued. Mr. Horton said although staff did not have funds in hand to purchase a van for access to the library, he was optimistic that staff would be able to acquire grant funds for this purpose.
Expressing his support for the Manager’s list of possible budget reductions, Council Member Capowski said he was only vacillating on the subject of the bookmobile until he had read that the Town was the only municipal library in the State to run a bookmobile.
Council Member Franck expressed his opposition to eliminating the Bookmobile program. Council Member Franck also expressed concern about the proposal to eliminate a long-range planner position in order to make room for the proposed zoning compliance officer position. He stated that both functions were needed to make the Town work effectively. Council Member Franck suggested the possibility of having once per week commercial refuse collection, with additional collections available on a fee basis. Council Member Andresen suggested that heavy users, such as restaurants, should be consulted before implementing such a policy. Council Member Evans added that it might be more equitable if residential garbage collection were also impacted in some way, but that this required additional study.
Mayor Waldorf said it appeared that a majority of Council Members favored the proposed police grants. Council Member Andresen said she favored expanding the community policing program to a town-wide program.
Council Member Brown requested clarification regarding the status of the bond issue. Mr. Horton said that the Council had a number of options, including paying all, some or none of the annual debt service payment of $475,000 per year. Council Member Capowski said he supported paying no debt service this year, so long as the construction schedule for facilities would remain unchanged. He stated that this would mean that the debt service would be spread out over a larger population, with taxes being raised for people actually using the facilities. After requesting a straw poll regarding debt service payment, Mayor Waldorf said the Council appeared to be divided on the matter. She suggested that staff prepare a budget ordinance with options on this matter.
Council Member Andresen inquired about the status of funding for the Downtown Commission. Mr. Horton said that the Commission had requested that the Downtown Service District tax rate remain unchanged. Council Member Andresen inquired whether this would meet the needs of the Downtown Commission’s operations. Downtown Commission Director Robert Humphreys said that this amount would be sufficient only if the Commission was not the only tenant to occupy the McDade house.
Item #10 Integrated Solid Waste Management Plan
Betty Maultsby said she was surprised and disappointed that the goals for the solid waste management plan had been watered down. Ms. Maultsby said she felt that this was a vote of no confidence on the part of the Landfill Owners Group to deliver on past commitments. She stated that the goal of 33% reduction, subtracting the University’s ash, would not add one day to the life of the landfill and did not change the fact that half of what was sent to the landfill was recyclable.
Council Member Franck, Chair of the Landfill Owners Group (LOG), noted that the goals and timeline adopted by the LOG were based on years of meetings and studies. Council Member Franck said that the proposed plan spelled out greater waste reduction for the region. Council Member Capowski said that solid waste was starting to become a substantial element of the Town’s budget.
Council Member Andresen said an employee at the Environmental Protection Agency (EPA) had indicated that they did not know of any community which had achieved a goal of reducing solid waste by fifty percent. Questioning the wisdom of signing on to a proposal who’s goal was not achievable, Council Member Andresen suggested the possibility of having an escape clause for Orange County. Council Member Franck stated that there was such an escape clause in the proposal.
Council Member Brown expressed frustration that there did not appear to be a good disposal option. She stated that the key lay at the front end of the process, involving recycling, reuse and repairing. Council Member Brown also expressed concern that citizens were requesting the Council’s guidance in this matter, but were not receiving such guidance.
Mayor Waldorf requested staff to clarify percentages relative to waste reduction. Mr. Wilson presented an overview of these figures. Council Member Evans inquired why a centralized composting facility was not included in the proposal. Council Member Franck said although the Landfill Owners Group primary goals were short-term, he felt that the Town would be sending material to such a facility within the next five to ten years. Council Member Evans also expressed concern that there was no direction toward cooperation with adjoining jurisdictions relative to waste reduction strategies. Noting that past efforts regarding joint cooperation with Durham County had proven unsuccessful, Council Member Brown said that coming at the matter from a different direction might make a difference.
Council Member Brown urged the Council to permit the proposed task force to look at a market- based economy grounded in recycling, reusing, and repairing. Council Member Evans referenced the idea of a bottle tax. Council Member Brown referred to past attempts to get a bottle bill passed and the Town Council request for such legislation.
COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 6. THE MOTION PASSED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS ANDRESEN, CAPOWSKI AND EVANS VOTING NO.
A RESOLUTION ADOPTING A FRAMEWORK FOR A COUNTY-WIDE SOLID WASTE PLAN,
SPECIFYING PERCENTAGES IN PER CAPITA WASTE REDUCTION GOALS WHICH CONFORM TO THE
STATE STANDARD, ESTABLISHING A TIMETABLE BY WHICH TO MEET THE GOALS, CHANGING
THE PREVIOUSLY ADOPTED 50% WASTE REDUCTION GOAL TO CONFORM TO THIS STANDARD AND
AUTHORIZING THE TOWN MANAGER TO SUBMIT THE SOLID WASTE PLAN TO THE STATE
(97-6-9/R-6)
WHEREAS, the Town of Chapel Hill has previously adopted a general waste reduction goal as part of its overall solid waste goals and has also adopted a specific 50% per capita waste reduction goal for mixed solid waste; and
WHEREAS, the Orange Regional Landfill Owners Group has adopted goals for solid waste reduction of 45% by 2001 and 61% by 2006 when compared to 1991-92; and
WHEREAS, the State of North Carolina requires a solid waste management plan with specific solid waste reduction goals for 2001 and 2006; and
WHEREAS, the Owners Group and its member governments, including the Town of Chapel Hill, have conducted an integrated solid waste plan study to develop options for reducing and managing solid waste in Chapel Hill and all of Orange County; and
WHEREAS, the Town has previously considered a solid waste management plan that includes waste prevention measures, collection programs and processing methods described in attachment A to this resolution; and
WHEREAS, successful implementation of a solid waste plan that meets the waste reduction goals would also require cooperation and coordination with all the local governments and waste generators throughout Orange County; and
WHEREAS, the Town of Chapel Hill may need to further regulate and control solid waste in order to fully accomplish the waste diversion goals; and
WHEREAS, the Town of Chapel Hill Solid Waste Staff has been authorized as the lead agency representing the governing boards of Carrboro, Chapel Hill, Hillsborough and Orange County in the matter of the solid waste management plan required by the state,
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts a framework for a solid waste management plan as described in Attachment A.
BE IT FURTHER RESOLVED that the Town of Chapel Hill adopts a base year of 1991-92 to calculate waste reduction against, and County-wide goals of 45% solid waste reduction per capita by 2001 and 61% reduction per capita by 2006.
BE IT FURTHER RESOLVED that the Town of Chapel Hill will cooperate with other local governments in Orange County in implementing a solid waste management plan that will achieve these goals.
BE IT FURTHER RESOLVED that the Town of Chapel Hill authorizes the Town Manager to submit the solid waste plan to the State.
This the 9th day of June, 1997.
Mayor Waldorf suggested that item 4.1d be taken up at this time. The proposal was approved by Council acclimation.
Item 4.1d Public Housing Construction Change Order
Council Member Capowski expressed concern about the possibility of lawsuits during recent construction projects for the Town. He inquired whether or not HUD funds would pay for any lawsuit costs for these projects. Mr. Horton said that the construction company doing the job was an excellent one and he did not anticipate a lawsuit. Mr. Horton said he thought that if a lawsuit were encountered, HUD funds would pay such expenses. Mr. Horton also said that he would look into this matter further.
COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A CHANGE ORDER IN THE
AMOUNT OF $300,036.00 TO THE RESOLUTE BUILDING COMPANY FOR THE RENOVATION OF
SOUTH ESTES DRIVE NEIGHBORHOOD (97-6-9/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a change order with the Resolute Building Company in the amount of $300,036.00 for the renovation of South Estes Drive Neighborhood.
This the 9th day of June, 1997.
Item 10.1 Transportation Funding
Transportation Planner David Bonk reported to the Council that the Transportation Advisory Committee would be considering the allocation of direct allocation funds in the near future. He noted that communities with population of greater than 200,000 received direct funding allocations. Mr. Bonk presented a list of projects proposed for direct allocation funding. Council Member Andresen requested clarification regarding the management of individual projects. Mr. Bonk said that some projects, such as the Cameron Avenue sidewalk, which were not part of the State’s project list, would be managed by the Town. Mr. Horton noted that this would be a new responsibility for Town staff.
Council Member Brown inquired whether there had been any discussion about alternative fuel busses and was advised by Council Member Franck that the Transportation Board had briefly discussed this possibility. Council Member Brown inquired about the proposed timeframe for the Weaver Dairy Road bicycle and sidewalk project. Mr. Bonk said that the State had allocated funding for widening of Weaver Dairy Road in 2003 or 2004, possibly including sidewalks and bicycle paths. Council Member Brown suggested that this project be moved up on the project priority list. Mr. Horton noted that although it was possible that the Town would receive a larger share of transportation allocation funds, this was not likely to occur in the near future.
Council Member Franck suggested amending the proposed resolution so that the Department of Transportation would be in charge of managing these projects. He also suggested the possibility of deleting the park and ride lot repair project from the priority listing. Council Member Franck suggested that direct allocation funds be used for capital funding projects only as a last resort.
Referencing the twenty percent local match funding requirement, Council Member Franck suggested that the Town use capital improvement funds for sidewalks and bicycle lanes, which would multiply the available funds by four.
Noting that the amount of discussions to date regarding the priority listing, Council Member Capowski expressed concern about changing the priority list at this point. Mr. Horton noted that the priority list was non-binding in terms of a particular order. He stated that the Council could vote on a more formalized priority list sometime in the future.
Council Member Andresen requested clarification regarding repairs to the park and ride lots. Mr. Horton said that resurfacing was needed in the future in order to prevent additional breaking up of the asphalt surface. Stating that the University appeared to benefit the most from the park and ride lot, they should be approached to make a financial contribution to assist with the lot’s upkeep.
Council Member Franck asked that the S. Columbia Rd. project be moved up to #3, ahead of Booker Creek, and that two projects be added, the Pope Rd./Ephesus Church Rd. bike path, and the bike path from the Community Center to Bolin Creek/Booker Creek, near Meadowmont. Council Member Capowski reminded the Council that great pains and many hours by many people had gone into making up the list on page 6. Mr. Capowski commented that he was not comfortable making last minute changes in light of all this effort. Council Member Franck reiterated his hope that the Capital Transit needs would be funded through other means, and this new list would mean that most of the projects would get done.
MAYOR PRO-TEM BROWN MOVED R-6.1 WITH #3 DELETED. COUNCIL MEMBER FRANCK SECONDED.
Council Member Franck made two amendments, the first concerning the management of local projects, the second that direct allocation funds be used for capital transit projects only as a last resort.
RESOLUTION 6.1, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION REQUESTING THAT THE DURHAM-CHAPEL HILL-CARRBORO
TRANSPORTATION ADVISORY COMMITTEE ALLOCATE SURFACE TRANSPORTATION DIRECT ALLOCATION
FUNDING FOR CHAPEL HILL TRANSPORTATION PROJECTS (97-6-9/R-6.1)
WHEREAS, the Transportation Advisory Committee is responsible for allocating Surface Transportation Program Direct Allocation funds, and
WHEREAS, the Committee is considering the allocation of Direct Allocation funds as part of the development of the 1998-2004 Metropolitan Transportation Improvement Program, and
WHEREAS, the Town has identified transportation projects for the use of Direct Allocation funding,
NOW, THEREFORE, BE IT RESOLVED, by Council of the Town of Chapel Hill that the Transportation Advisory Committee be requested to include the following projects for Direct Allocation funding.
Priority Project Total
Cost
1) Purchase 5 Buses $1,250,000
2) Purchase 14 Buses $3,545,000
3) Lower Booker Design $ 70,000
4) South Columbia Project $1,800,000
5) Weaver Dairy Road Bike
Pedestrian Project To be determined
6) Homestead Road Bike
and Pedestrian Project To be determined
BE IT FURTHER RESOLVED that the Chapel Hill Town Council requests that the Durham-Chapel Hill-Carrboro TAC request that NCDOT assume management costs for all direct allocation project costs up to $100,000, pursuing the matter with Governor Hunt, if necessary.
BE IT FURTHER RESOLVED that the Chapel Hill Town Council asks the TAC to use direct allocation funds for transit capital projects only as a last resort when funding can not be obtained through federal capital transit grants.
This the 9th day of June, 1997.
Item #13 Orange County Capital Needs Report
Mayor Waldorf presented her proposal concerning this report which she felt was fine except for the lack of attention to parks and recreation needs. She suggested that funds be directed to both the Southern and Northern Community Park projects.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 7, WITH THE AMENDMENT THAT THE EFLAND SEWER SYSTEM BE CONSIDERED AS A SERVICE AREA DISTRICT FOR FUNDING PURPOSES.
Council Member Evans noted the possible need for another elementary school in the northern part of the Town or in Carrboro. Stating that the proposal was meant to respond to a proposal which was not completely fair to the Town, Mayor Waldorf suggested that Council Member Evans bring up the issue of schools at a later date.
RESOLUTION 7, AS AMENDED, WAS ADOPTED UNANIMOUSLY.
A RESOLUTION REGARDING THE
ORANGE COUNTY CAPITAL NEEDS REPORT (97-6-9/R-7)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Orange County Board of Commissioners consider the following requests and comments regarding the Capital Needs Report regarding a possible bond package:
· Because about 40% of Orange County’s property tax base and population is in Chapel Hill, it is important that Orange County’s plans be balanced and fair to citizens in Chapel Hill.
· The proposed school projects in the two school districts are reasonably balanced ($27 million for Chapel Hill-Carrboro and $25 million for the Orange County district).
· The proposed park and senior center projects (about $5.3 million) are not balanced and are substantially insufficient in projects to benefit Chapel Hill citizens.
The projects should include an additional $3 million for the southern community park and $2 million for a gymnasium and other facilities at the northern community park.
The southern community park should be planned and developed on a cooperative basis by the local governments. The Town could provide land and the County could develop the park to serve residents in southern Orange County. Such an approach would be consistent with the concept of combined school and park locations and with the County-wide parks and recreation planning concept of joint capital projects as recently recommended by the Managers.
· The proposed $1.2 million Efland sewer expansion should be balanced with at least the same amount for sewer projects in southern Orange County (OWASA’s service area).
Earlier this year, the Council requested County assistance for the Morgan Creek project in light of past County support for the Efland sewer construction.
This the 9th day of June, 1997.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The meeting stood adjourned at 10:47 p.m.