SUMMARY OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF

THE TOWN OF CHAPEL HILL, MONDAY, JANUARY 26, 1998 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order at 7:00 p.m.  Council Members in attendance were Julie Andresen, Flicka Bateman, Joyce Brown, Mayor pro tem Joe Capowski, Pat Evans, Kevin Foy, Lee Pavão, and Edith Wiggins.  Also in attendance were Town Manager Cal Horton, Assistant Town Manager Florentine Miller and Planning Director Roger Waldon.

 

There were no ceremonies or hearings.

 

Item 3 Petitions

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER A PETITION FROM MS. SUSAN COBB, REGARDING TRANSIT SERVICES FOR ELDERLY PERSONS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECEIVE AND REFER A PETITION FROM  MR. LARRY SHORT, REGARDING THE PROPOSED COTTAGES DEVELOPMENT.  THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Waldorf petitioned the Council to consider requesting a meeting with Blue Cross/Blue Shield officials to discuss their corporation’s future plans.  The Mayor suggested a public session at which the Council could explain the Town’s infrastructure capabilities and development review process.  There was Council concurrence for Town staff to arrange for such a meeting.

 

Item 4.1  Consent Agenda

 

Noting that several citizens had signed up to speak on item 4.1a, Mayor Waldorf suggested removing this item from the consent agenda for discussion.   Council Member Brown requested the removal of item d for discussion later in the meeting and removal of item j for discussion at the  next Council meeting.

 

Mayor Waldorf noted that several people had signed up to speak on Item 4.1a.  She suggested removing the item from the agenda.

 

Council Member Brown asked to remove item d for later discussion.  She also requested that item j be removed.  Council Member Evans agreed that it would be expensive and premature to send mailings at this time.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS A, D AND J.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(98-1-26/R-1)

 

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

 

a.         UNC request for expedited review:  Co-Generation facility (R-2).

b.        Annexation resolutions of intent (R-3a and b).

c.         Deleted.

d.        Scheduling of additional Council meeting dates (R-5a, b & c).

e.         Deleted.

f.          Acceptance of Community Policing grant (R-7 and O-1a & b).

g.         Statewide disaster mutual aid agreement (R-8).

h.         Recommended revisions to position classification ordinance authorizing change in Public Works Department (O-2).

i.           Cable television rate review (R-9).

j.          Calling hearing on proposed transit overlay district (R-10).

k.        Educational support for members of Sustainable Development Task Force (O-3).

 

This the 26th day of January, 1998.

 

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (98-1-26/R-3a)

 

BE IT RESOLVED by the Town Council of the Town of Chapel Hill:

 

SECTION 1

 

That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

 

Annexation Area 1.  The Homestead Village subdivision, several individual lots along the south side of Homestead Road, several individual lots on Link Road, Unity Center of Peace Church, the northern portion of the Horace Williams property, and an individual lot at the southeastern intersection of Seawell School road and the State University Rail Line.  This annexation area is located in Chapel Hill Township, Orange County, North Carolina, as shown on the attached Map 1.

 

SECTION 2

 

That a public hearing on the question of annexing the above-described territory will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 20th day of April, 1998, at which time plans for extending services to said territory will be explained, and all residents and property owners in said territory, and all residents of the Town of Chapel Hill, will be given an opportunity to be heard.

 

SECTION 3

 

That a report of plans for extending services to the above-described territory be made available for public inspection at the office of the Town Clerk for at least thirty (30) days before the date of said public hearing.

 

SECTION 4

 

That a legible map of the area to be annexed and a list of persons holding freehold interests in property in the area to be annexed who have be identified, be posted in the office of the Town Clerk at least thirty (30) days before the date of said public hearing.

 

SECTION 5

 

That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.

 

This the 26th day of January, 1998.

 

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (98-1-26/R-3b)

 

BE IT RESOLVED by the Town Council of the Town of Chapel Hill:

 

SECTION 1

 

That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

 

Annexation Area 2.  Phase B5b of the Oaks III subdivision, including 9 single-family lots, portions of two additional single-family lots, a corner of the Chapel Hill Country Club golf course, and a portion of the right-of-way for Nottingham Drive.  This annexation area is located in the Triangle Township, Durham County, North Carolina, as shown on the attached Map 2.

 

SECTION 2

 

That a public hearing on the question of annexing the above-described territory will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 20th day of April, 1998, at which time plans for extending services to said territory will be explained, and all residents and property owners in said territory, and all residents of the Town of Chapel Hill, will be given an opportunity to be heard.

 

SECTION 3

 

That a report of plans for extending services to the above-described territory be made available for public inspection at the office of the Town Clerk for at least thirty (30) days before the date of said public hearing.

 

SECTION 4

 

That a legible map of the area to be annexed and a list of persons holding freehold interests in property in the area to be annexed who have be identified, be posted in the office of the Town Clerk at least thirty (30) days before the date of said public hearing.

 

SECTION 5

 

That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.

 

This the 26th day of January, 1998.

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF COMMUNITY POLICING GRANT FUNDS FROM THE U. S. DEPARTMENT OF JUSTICE (98-1-26/R-7)

 

WHEREAS, the U. S. Department of Justice has made funds available to local law enforcement agencies to enhance their community policing initiatives; and

 

WHEREAS, the Town of Chapel Hill recognizes the importance of community policing in its effort to improve the safety and welfare of its citizens; and

 

WHEREAS, the Town’s request for $450,000 to help fund six community police officers was approved by the U. S. Department of Justice;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the $450,000 in Community Policing grant funds from the U. S. Department of Justice and to make all necessary assurances.

 

This the 26th day of January, 1998.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 (98-1-26/O-1a)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 23, 1997 be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

GENERAL FUND

 

            Police                        6,392,367                  81,863                                       6,474,230

 

            Non-Departmental

                Contingency                93,060                                           18,828                  74,232

                                                             

 

 

ARTICLE II

 

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

 

GENERAL FUND

 

            Grants                           635,000                  63,035                                         698,035           

           

 

 

This the 26th  day of  January, 1998.

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN

dated October 1, 1997 (98-1-26/O-1b)

 

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

 

                                                                       Section I

 

That the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning October 1, 1997  (97-6-23/O-7) " as follows:

 

In Section IV, part C, in the Police Department, Patrol Division delete the line

 

                                                                        Full-time                       Part-time              Grade No.

                                                                        #          hrs.                   #          hrs.      

 

Police Offr (levels I - IV)                                  68        40/42               -           -                       21-24

 

and add the line

 

Police Offr (levels I - IV)                                  74        40/42               -           -                       21-24

 

 

This the  26th day of  January, 1998

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN THE STATEWIDE EMERGENCY MANAGEMENT AND ASSISTANCE AGREEMENT

(98-1-26/R-8)

 

WHEREAS, the Town desires to have a comprehensive emergency management plan in place to protect and/or assist it’s citizens in event of major emergency or disaster; and

 

WHEREAS, the North Carolina League of Municipalities has prepared an agreement that standardizes the procedure for providing or receiving assistance from one government jurisdiction to another; and

 

WHEREAS, the Town desires to be an active participant in the process of governmental cooperation during times of emergency or disaster and municipalities all across North Carolina are entering the attached agreement;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to sign the attached agreement on behalf of the Town of Chapel Hill.

 

BE IT FURTHER RESOLVED, that the Council designates the Town Manager as the Primary Contact Representative, the Fire Chief as the First Alternative Representative, and the Public Works Director as the Second Alternative Representative as called for in the agreement.

 

This the 26th day of January, 1998.

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED OCTOBER 1, 1997 (98-1-26/O-2)

 

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

 

SECTION I

 

That the Council hereby amends the “Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning October 1, 1997 (97-6-23/O-7)” as follows:

 

In Section III, grade 15, insert the title “Maintenance Operations Specialist”

 

In Section IV, part C, in the Public Works Department, Internals Services division,

 

                                                              Full-time              Part-time       Grade No.

Position                                                 #       hrs.             #       hrs.

 

delete the line:

 

Maintenance Clerk                                1        40                                            12

 

and add the line:

 

Maintenance Operations Specialist       1        40                                            15

 

SECTION II

 

This ordinance is effective upon adoption.

 

This the 26th day of January, 1998.

 

A RESOLUTION REGARDING RATES FILED BY TIME WARNER CABLE FOR 1998

(98-1-26/R-9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the attached report and order as prepared by the Town’s consultant regarding basic rates filed by Time Warner Cable for 1998.

 

BE IT RESOLVED that the Council authorizes the Manager to file an objection to the Federal Communications Commission regarding tier and standard rates on behalf of the Town either by itself or, if appropriate, with other localities in the region.

 

This the 26th day of January, 1998.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 (98-1-26/O-3)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 23, 1997 be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                Current                                                             Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

GENERAL FUND

 

            Non-Departmental

               Contingency                 31,957                                             1,000                  30,957

 

            Mayor/Council              165,656                    1,000                                         166,656

 

This the 26th  day of  January, 1998.

 

 

Item 4.2  Information Reports

 

Mayor Waldorf requested removal of item 4.2a for discussion.  Council Member Brown requested the removal of item 4.2b for discussion later in the meeting.

 

Item 4.1a  UNC Request for Expedited Review:  Cogeneration Facility

 

Mr. Horton said that he recommended approving the University’s request because of the project’s public nature and the importance of providing a reliable power/steam source to the University campus and UNC Hospitals.

 

UNC Associate Vice-Chancellor Bruce Runberg stated that the proposed facility would replace an unreliable existing boiler and would take twelve to eighteen months to complete.  He added that the new boiler would be constructed inside an existing building.

 

John Masson, Project Manager of the UNC cogeneration facility, noted that the University’s silo replacement request had been withdrawn for now.   Mr. Masson said he  expected that the project would meet the Town’s requirements for a routine special use permit when it was ready.  Mr. Masson also explained that boiler number five, the one slated for replacement, had been in operation for twenty-six years and could no longer operated at full capacity.  Mr. Masson stressed that boiler plant needed to be removed from service and replaced as soon as possible.

 

UNC Hospitals Associate Director Mel Hurston stated that UNC Hospitals were extremely reliant upon the steam and electricity produced by the cogeneration facility.

 

Robert Hollister, President of the Cameron Glen Homeowners Association, said that he and his neighbors welcomed the proposed boiler facility reconstruction.  Mr. Hollister added that his neighborhood association would like to work on the project’s design to meet the needs of all parties concerned.  He also said that although the Cameron Glen Homeowners Association did not oppose expedited review, they desired that the project’s construction time be as short as possible.  Mr. Hollister asked that the Council consider the needs of the community by having the two proposed construction projects overlap.

 

Mr. Hollister added that his neighborhood was principally concerned with the noise, dust, and traffic associated with the proposed silo construction, which might involve silos as tall as 184 feet.  Mr. Hollister stated that Cameron Glen homeowners had suggested three alternative approaches: having three or four shorter silos, having silos placed partially underground, or having silos located elsewhere on the plant property to reduce visual impacts.  Mr. Hollister also asked the Town to consider requesting that UNC present at least three different designs for the silos to give the community a choice in this matter.  Mr. Hollister further asked that the University be required to invite the community’s full participation in the evaluation of alternatives.  He concluded by requesting that the silo project be subject to the Town’s new review procedures which would take effect on April 1, 1998.

 

Pierre Morell of Brookside Drive said he did not oppose the proposed project and that he also supported active community involvement in the design process.  Mr. Morell noted that the power plant was quieter than it once was but that a monitoring program to measure emissions from the plant was needed.  He stated that daytime noise, heavy trucks and conveyer belts contributed to an industrial appearance in his neighborhood.  Mr. Morell requested that neighbors on Cameron Avenue be shielded from noise, dust, and traffic in connection with loading coal at the boiler plant facility.

 

Council Member Brown requested that the matter be referred back to the Town Manager until the Council’s next meeting in order to address neighborhood concerns about the project.

 

Council Member Evans suggested overlapping the proposed boiler and silo projects.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 2.

 

Mayor pro tem Capowski asked whether coal could be stored off-site and transported to the plant as needed instead of building silos on the property.   Mr. Runberg said although this would be feasible, it might not necessarily be practical.  Mr. Runberg added that he would be willing to explore this possibility.

 

Council Member Andresen said that she would be inclined to support the resolution but added that the Council needed to adequately address the concerns of neighborhood residents.  Mr. Horton said the Council could consider asking Town staff to include a report which would address each issue raised by citizens when the special use permit came before the Council.  Council Member Brown said that she would be agreeable to this as long as Town staff would be willing to work with the plant’s neighbors.

 

Council Member Foy asked whether the neighborhood’s concerns could be addressed in the project’s special use permit.  Mr. Horton replied that it would be possible to address these issues within the special use permit.  Council Member Foy asked Mr. Runberg how long it would take to complete the boiler plant project.  Mr. Runberg said that the project would take between twelve and eighteen months to complete, with the project taking an extra four to six months if the expedited review process were not granted.

 

Mayor Waldorf inquired about the estimated time frame for the silo design proposal.  Mr. Runberg estimated that it would take three to four months to develop a concept, then one year to complete a full design, then twelve to eighteen months beyond that for construction.

 

Council Member Brown suggested adding a friendly amendment to Resolution 2 to require a staff report on the noise, dust, and traffic concerns of the power plant’s neighbors.

 

RESOLUTION 2, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL’S APPLICATION FOR A SPECIAL USE PERMIT TO INSTALL A NEW BACK-UP BOILER UNIT AT THE UNIVERSITY CO-GENERATION FACILITY (98-1-26/R-2)

 

WHEREAS, the Council has received a petition from the University of North Carolina at Chapel Hill for expedited review of its application for a Special Use Permit to install a new back-up boiler unit at the University Co-generation Facility; and

 

WHEREAS, the application is for a public project; and

 

WHEREAS, a fully functional Co-generation Facility is essential for the efficient operation of State facilities;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the University of North Carolina at Chapel Hill’s application for a Special Use Permit to install a new back-up boiler unit at the University Co-generation Facility, in a manner that will speed review without sacrificing breadth or depth of analysis.

 

BE IT FURTHER RESOLVED that the Town Manager shall provide the Council with a follow-up report addressing the noise, dust, and traffic concerns of the Power Plant’s neighbors.

 

This the 26th day of January, 1998.

 

Item 5  Board and Commission Nominations and Appointments

 

Council Member Evans suggested deferring appointments to the Transportation Board, pending the receipt of additional applications.   Noting that an additional three applications for Board membership had been received earlier in the day, Council Member Brown suggested deferring appointments to the Council’s next business meeting.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO APPOINT MS. ARTHELIA (“ANN”) HAMPTON TO THE TRANSPORTATION BOARD THIS EVENING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

THE COUNCIL VOTED BY ACCLAMATION TO APPOINT ALL OF THE SUGGESTED AGENCY APPOINTEES TO THE BICYCLE TASK FORCE, INCLUDING MATT ROBINSON, THE TOWN OF CARRBORO’S APPLICANT, WHO WAS DESIGNATED TOO LATE FOR HIS APPLICATION TO BE INCLUDED IN THE COUNCIL’S AGENDA MATERIALS. 

 

THE COUNCIL VOTED BY ACCLAMATION TO APPOINT MS.DALE REED TO THE HISTORIC DISTRICT COMMISSION.

 

Mayor Waldorf reminded the Council that nominations to the Horace Williams Airport Advisory Board would need to be forwarded to the University in the near future.

 

Item 6  Citizen Presentation Regarding Orange County’s Wildlife Habitat

 

Livy Ludington said that the Orange County Hardwoods and Wildlife Habitat Report was sponsored by the Triangle Land Conservancy and funded by the Orange County Board of Commissioners.  She stated that aerial photographs had been  taken to determine the remaining hardwood forest areas in Orange County.  Ms. Ludington stated that a plan was needed to preserve tracts large enough to support endangered wildlife in Orange County. She added that the sixty-four distinct areas must be connected to enable wildlife migration.  Ms. Ludington also noted that ten percent of the pine forest had been lost since the 1986-87 report.  She stressed the need to assign priorities to particular areas and develop strategies for land acquisition.

 

Haven Wiley, a UNC biologist, presented an overview of Orange County’s natural areas which were crucial to wildlife conservation.  Mr. Wiley stated that forests were essential for the continuation of wildlife, primarily for native animals such as red-shouldered hawks, salamanders, box turtles, scarlet tanagers, and whippoorwills.  Mr. Wiley also pointed out that Bolin Creek and Cedar Creek were two remaining significant forest areas in Orange County.  He also stressed that fragmented tracts were too small to support native wildlife.  Mr. Wiley stated that the second phase of the project would combine map and field work, while helping local governments with methods and options for wildlife protection.

 

Council Member Andresen asked whether preferred wildlife habitat corridors would be along stream beds and the preferred widths of such corridors.   Mr. Wiley replied that although corridors along streams were important, overland and upland corridors permitted animals to move between blocks of forest.

 

Council Member Evans asked whether an aerial view of Orange County would be necessary to determine wildlife habitat damage from Hurricane Fran.  Mr. Wiley replied that Hurricane Fran did not have a severe effect on the area’s wildlife.   He added that part of the natural course of event was for storms to blow down gaps in forests which might actually be beneficial to wildlife populations.

 

Council Member Brown asked about the plan’s next phase and for Mr. Wiley’s recommendations.  Mr. Wiley reiterated that phase two would involve field work, a survey of the particular animals inhabiting the forest areas, providing options for Orange County to ensure wildlife preservation and the development of a rating system to determine which land areas contributed most to area wildlife.

 

Council Member Brown asked about the estimated time frame for the plan.  Mr. Wiley answered that he hoped to present a second phase report about one year from now.

 

Council Member Foy asked whether recommendations for the Town differed from those for the County because of the Town’s more urban environment.   Mr. Wiley replied that although some recommendations might vary slightly, they would be very similar.  He added that the Town’s Planning District had many important areas needing protections.

 

Council Member Foy asked Ms. Ludington how this report would contribute to the efforts of the Shaping Orange County’s Future Task Force.  Ms. Ludington said that feedback and suggestions from governing bodies would be welcome.  She noted that Orange County had an Environmental Commission and that more specific recommendations would be included in the report’s second phase.  Mr. Wiley said that collaboration with neighboring counties was essential.

 

Mr. Horton noted that within a few months the Town hoped to contract with Orange County for a better set of aerial photographs.

 

Item 7  Presentation of Annual Human Services Needs Report

 

Sarah Kogut, Chairperson of the Human Services Advisory Board, presented the Board’s annual human services needs report.  She explained that the Board worked cooperatively with the Triangle United Way, Orange County and the Town of Carrboro to address community human service needs. 

 

She noted that the Board’s report was based upon results of interviews conducted among local citizens and suggestions from the Orange County Welfare Reform Task Force, among other agencies.  Ms. Kogut said that recommendations for 1998-99 included parent and family support with a focus on child care and job training, parenting education, youth support services, after school activities and jobs for teens, and counseling and vocational training in conjunction with substance abuse treatment and prevention.  Ms. Kogut concluded her report by noting that budget and other specific recommendations would be presented to the Council in the near future.

 

Council Member Capowski inquired whether the Board  would prefer a direct allocation of funds to specific agencies or a blanket amount.  Ms. Kogut replied that the Board had no problem working with a blanket amount for allocations.

 

Council Member Bateman inquired how many agency funding requests had been refused by the Human Services Advisory Board last year.  Ms. Kogut replied that the Board had recommended funding for thirty agencies last year, with about five agencies receiving no funding.  She noted that Orange County provided the majority of the area’s human services program funding.

 

Item 8  Performance Agreements for Public Access for Cable Television

 

Project consultant Greg Feller covered key points of the objectives adopted by the Council in May, 1997.  He stated that public access priority would be given to Town residents.  He added that $80,000 in public access funds would be transferred to provide annual operating funds, equipment and fees for the People’s Channel.  He noted that a $150,000 start-up fund had already been accumulated.  Mr. Feller also stated that when the contract expired, all equipment would be returned to the Town.

 

Bob Joesting, Chair of the Public Access Advisory Committee, urged the Council to adopt the proposed resolution granting the franchise agreement to the People’s Channel.

 

Eva Metzger, Chairperson of the People’s Channel Board, thanked volunteer producers and crew, members of the Town’s Cable Access Subcommittee, and Town Staff, especially Greg Feller and Mr. Horton, who had negotiated the proposed agreement with the People’s Channel.

 

Mayor pro tem Capowski commented that he looked forward to local programming of all kinds.

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 11.

 

Council Member Andresen said that she approved of the effort and asked where people should call if they wished to get involved with the People’s Channel.   Ms. Metzger replied that a telephone number would soon be available.

 

RESOLUTION 11 WAS ADOPTED UNANIMOUSLY  (9-0).

 

A RESOLUTION APPROVING AND AUTHORIZING THE MANAGER TO SIGN A PERFORMANCE AGREEMENT WITH THE PEOPLES CHANNEL INC REGARDING OPERATION AND MANAGEMENT OF PUBLIC ACCESS TO PROGRAMMING ON THE CABLE TELEVISION SYSTEM (98-1-26/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves, and authorizes the Manager to sign a performance agreement with The Peoples Channel Inc. regarding operation and management of public access programming on the cable television system.  The agreement shall be substantially in the form submitted to the Council on January 26th, 1998 and subject to any additional direction by the Council.

 

This the 26th day of January, 1998.

 

Item 9  New Hargraves Gymnasium Facility

 

Mr. Horton reported briefly on a proposed budget allocation which would authorize the addition of one full-time and one part-time position at the new Hargraves Gymnasium facility for the remainder of the current fiscal year.

 

Council Member Bateman inquired about the source of the $41,000 in funding.  Mr. Horton replied that the funds would be transferred from the Council contingency account.  He said that some of the funds could be used for temporary appointments or could possibly be returned to the Council for the next budget year.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT ORDINANCES 4 AND 5.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN dated October 1, 1997  (98-1-26/O-4)

 

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

 

Section I

 

That the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning October 1, 1997  (97-6-23/O-7) " as follows:

 

In Section IV, part C, in the Parks and Recreation Department , delete the line

 

                                      Full-time                                 Part-time                             Grade No.

                                      #     hrs.                                    #       hrs.

 

Desk Attendant             1     37.5                                 1       20, 22-32                  11

 

and add the line

 

Desk Attendant             2      37.5                                2           20, 22-32              11

 

This the  26th day of  January, 1998.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF THE REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997” (98-1-26/O-5)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 23, 1997 be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                Current                                                             Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

GENERAL FUND

 

  Non-Departmental

     Contingency                           74,232                                           41,900                  32,332

 

  Parks & Recreation              1,455,021                  41,900                                      1,496,921

 

This the 26th  day of January, 1998.

 

Item 10  Presentation of Habitat for Humanity Proposal

 

Susan Levy to asked the Council to support Habitat for Humanity’s Millennium Celebration.  She stated that Habitat’s goal was to complete an entire subdivision by January 1, 2000 which would provide eleven families with new homes.  Ms. Levy added that Habitat for Humanity had contracted to buy five acres on Rogers Road and planned to complete necessary infrastructure installation this fall, foundations next spring, and conclude with a “blitz build” during the fall of 1999.  Ms. Levy stated that the property’s closing was scheduled to take place on April 1, 1998.   Ms. Levy requested the Council’s overall support for the proposed project.

 

Council Member Foy asked Ms. Levy whether or not Habitat  had the interest or capability to build homes other than standard single-family homes.  Ms. Levy replied that it would be too late to change plans considering that eleven single-family homes had already received preliminary plat approval.

 

Council Member Andresen asked whether or not Habitat for Humanity would be willing to consider a different plan if it could be accomplished within the context of their goal.  Ms. Levy replied that the house designs needed to be “volunteer friendly.”  She stated that for reason Habitat tried to avoid designs which required the use of scaffolding.

 

Mayor Waldorf asked whether re-approval of the expired preliminary subdivision plats would be possible.  Mr. Horton replied that he would need Council’s direction to approve an extension because it was already eighteen months past the expiration date.  Mr. Horton added that he would also need the Town Attorney’s assistance to be sure any options would be consistent with North Carolina laws and Town practices.  Mr. Horton said although he thought that the re-approval would be possible, he wanted to consider the implications carefully.

 

Council Member Brown asked the Manager what else would be necessary to make this happen.    Mr. Horton said that the most likely option would be for the Council to instruct him to re-issue the preliminary plat approval, but he repeated that he was not prepared to deal with all of these issues this evening because he would need to consult extensively with the Town Attorney.

 

Council Member Brown asked whether or not more money could be made available than had been requested by Habitat for Humanity.  Mayor pro tem Capowski commented that although he favored the proposal in concept, he wanted to receive clarification about infrastructure funding.  Ms. Levy said that these funds were raised by Habitat for Humanity.  Mayor pro tem Capowski requested further clarification of this matter at the Council’s next regular meeting.  He also asked whether development funds could be spent on property outside of the Town’s limits.  Mr. Horton said that this was permissible, if the property fell within Federal Community Development program guidelines.  Mr. Horton noted that the property in question lay within an area proposed for annexation by the Town.

 

Council Member Wiggins requested that Town staff provide a list of other possible uses for the funds.  She also requested a map of the area in question.

 

Council Member Andresen suggested that the Council could examine all the issues at its next regular business meeting.

 

Mayor Waldorf said that she supported the proposal in concept and noted that the Town would not be the only financial contributor to this proposed development.  Ms. Levy noted that both the Town of Carrboro and Orange County had been asked to make financial contributions to the proposed Habitat for Humanity project.

 

Council Member Foy reiterated his preference for a project other than eleven single-family lots.

 

John Terront, President of  the Habitat for Humanity Board for the current year, spoke about contingencies.  Mr. Terront said that he was concerned about additional costs and time if the had to be re-designed.  He added that the deadline for Habitat for Humanity to meet its basic contractual requirements was March 15th, 1998.

 

Mayor Waldorf commented that she would entertain a motion to endorse and re-approve the previously approved plat.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RE-APPROVE THE ROGERS ROAD PLAT.  THE COUNCIL VOTED IN FAVOR OF THE MOTION (9-0).

 

Discussion of items removed from consent agenda

 

Item 4.1d   Joint Meeting with Orange County Commissioners

 

Council Member Brown said that she would like the Council to have an agenda planning session prior to the Council’s February 2nd joint meeting with the Board of Commissioners.  Council Member Evans said she did not think that such a meeting was necessary.  Council Member Andresen suggested having a discussion at the beginning of the February 2nd joint meeting to outline topics for discussion.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO DEFER ITEM J, THE TRANSIT OVERLAY DISTRICT, TO THE COUNCIL’S NEXT REGULAR BUSINESS MEETING.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTIONS 5A, B AND C.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION SCHEDULING A JOINT MEETING WITH THE ORANGE COUNTY BOARD OF COMMISSIONERS ON MONDAY, FEBRUARY 2ND (98-1-16/R-5a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby concurs to schedule a joint meeting with the Orange County Board of Commissioners on Monday, February 2nd at 7:30 p.m. at the Homestead Community Center to discuss items of mutual interest and to update each other on current issues.

 

This the 26th day of January, 1998.

 

A RESOLUTION CONCURRING WITH THE SCHEDULING OF AN ASSEMBLY OF GOVERNMENTS MEETING ON MONDAY, JUNE 1ST (98-1-26/R-5b)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby concurs with the scheduling of an Assembly of Governments meeting on Monday, June 1st, at a place to be determined.

 

This the 26th day of January, 1998.

 

A RESOLUTION SCHEDULING BUDGET WORK SESSIONS ON WEDNESDAY, MARCH 4TH AND WEDNESDAY, APRIL 1ST (98-1-26/R-5c)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules budget work sessions on Wednesday, March 4th and Wednesday, April 1st, beginning at 6:00 p.m. in the Town Council Chambers at 306 North Columbia Street.

 

This the 26th day of January, 1998.

 

Item 4.2a  Fiscal Impact of UNC Building/Property Purchase

 

Mayor Waldorf asked the Council to authorize her to write a letter to UNC Chancellor Hooker outlining the Town’s distress over recent University land purchases.  She noted that having much State-owned property in the Town resulted in a loss of tax revenues which could otherwise benefit the community.

 

Mayor pro tem Capowski commented that in his opinion the letter should also address the additional cost of Town services needed to support new University buildings.  He added that the fiscal impact went beyond tax losses.

 

Council Member Andresen agreed but added that she was unsure what the Council should initiate in an agreement with UNC.  She supported Mayor Waldorf’s suggestion as a first step.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN TO AUTHORIZE MAYOR WALDORF TO COMMUNICATE WITH THE UNIVERSITY ABOUT THESE CONCERNS.

 

Mr. Horton pointed out that although the University required many Town services but also provided some of its own to offset the demand.  He suggested asking an economic consultant/expert to assist the Town in developing a model which would estimate the fiscal impacts from University development.  He also requested the Council’s authorization to pursue this matter.

 

Council Member Brown asked whether University development would have an impact different from other types of development.  Mr. Horton answered that it would be substantially different.

 

THE MOTION TO AUTHORIZE THE MAYOR TO PROCEED WITH COMMUNICATIONS WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, MOTIONED TO ASK THE MANAGER TO INVESTIGATE AN ASSESSMENT OF UNIVERSITY DEVELOPMENT THROUGH APPLICABLE CONSULTATIONS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 4.2c    Transit Matters

 

Council Member Brown explained that she had asked to remove this item because she favored the Council scheduling follow-up on this matter as a future agenda item.  Council Member Evans inquired whether it would be more appropriate to consider this item after hearing the recommendations of the Sustainable Development Task Force.  Council Member Brown commented that she wanted to proceed with this matter as soon as possible.

 

Council Member Capowski pointed out that 99% of the square footage that the University built did not go through the Town’s special use permit review process.

 

Council Member Andresen said that she thought further Council discussion of this matter would be warranted.

 

Mayor Waldorf asked whether more information would be needed if the item were placed on a future agenda, such as an explicit statement from the University about its energy design standards and future related plans.

 

Council Member Brown pointed out that the University was not using renewable energy sources and she would like them to consider doing so.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO INCLUDE AN REGARDING UNIVERSITY BUILDINGS AND SUSTAINABILITY PRINCIPLES ON A FUTURE COUNCIL AGENDA.

 

Council Member Capowski asked whether the Council’s goal was to deal with the University’s development plans or energy use.  Council Member Brown replied that the intention was to address the issue of energy use, at least for the present.

 

Mayor Waldorf commented that it would become necessary for the University to either agree to voluntary compliance or be amenable to a change in State law.  Council Member Brown said that in her opinion all avenues should be explored.

 

THE MOTION TO PLACE THE ITEM ON A FUTURE COUNCIL AGENDA WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Foy moved that the Council go into closed session in accordance with North Carolina General Statute 143-318.11A3 to discuss a pending law suit involving The Oaks Two Homeowners Association, several property owners along Pinehurst Drive, the Town of Chapel Hill, and the developers of Meadowmont.  The motion was seconded by Mayor pro tem Capowski.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

No public report followed the closed session.

 

The meeting stood adjourned at 9:26 p.m.