MINUTES OF A BUSINESS MEETING OF THE CHAPEL
HILL TOWN COUNCIL
MONDAY, SEPTEMBER 28 AT 7:00 P.M.
Mayor Waldorf called the meeting to order at 7:00 p.m.
Council Members in attendance were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Joe Capowski, Lee Pavăo, and Edith Wiggins. Council Member McClintock arrived at 7:05 p.m. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Rufin Hall, Solid Waste Administrator Gayle Wilson, Finance Director Jim Baker, Town Accountant Kay Johnson, Police Chief Ralph Pendergraph, Personnel Director Pat Thomas, Parks and Recreation Director Kathryn Spatz, Planning Director Roger Waldon, Public Works Director Bruce Heflin, and Interim Town Clerk Joyce Smith.
1a. Proclamation to establish October as Public Arts Month in Chapel Hill
Mayor Waldorf read the proclamation and recognized Public Arts Commission Co-chairs Nancy Preston and Betty Cloutier to discuss upcoming events in October. Ms. Preston encouraged citizens to stop by the Commission’s booth at Festifall on October 4. She also announced an open house at the Museum on October 11 and an art show opening at the Public Library on October 25.
Ms. Cloutier noted that there had been 20 exhibits by local artists at the Town Hall. She explained that the show, entitled “Community Creators,” including work by all of those artists, will be on exhibit at both the Town Hall and the Public Library. Ms. Cloutier also announced that work by found object sculptor Riley Foster would be on display in front of the public library. She urged the public to view a documentary on public art at the Museum on October 11th.
Mayor Waldorf thanked Ms. Preston and Ms. Cloutier for their efforts, adding that they deserve much more credit than they receive.
1b. Award of Certificate of Excellence in Financial Reporting for the Town’s 1996-97 Annual Financial Report
Mayor Waldorf explained that this award has come to Finance staff 13 years in a row and is the highest award of its type in the country. She read the proclamation and presented the award to Finance Director Jim Baker and Town Accountant Kay Johnson. Mayor Waldorf stated that she was honored to make the presentation and hoped that Mr. Baker and Ms. Johnson were not tired of receiving it. Mr. Baker stated that Ms. Johnson was responsible for most of the work going into the report, adding that several other employees and members of the staff contributed as well.
1c. Introduction of New University Officials
Noting that the Town works in partnership with the University, Mayor Waldorf recognized Jonathan Howes to introduce new University officials who will be working closely with the Town. Mr. Howes, stating that he was there in behalf of Chancellor Hooker, introduced Student Body President Reyna Walters, Graduate and Professional Student Federation president Brian Kennedy, Dean of Students Dr. Melissa Exum, and Vice Chancellor for Student Affairs Dr. Sue Kitchen. Mr. Howes gave brief biographical information about and then they in turn stated that they were looking forward to working with the Council.
Mr. Howes introduced the new Director of Public Safety, Chief Derek Poarch, who said that his department will emphasize community service, problem solving, and partnerships. Chief Poarch added that he had met with the Town police chief and had talked with the Town traffic engineer. He said he was looking forward to working with the Council in years to come.
Mr. Howes introduced Vice Chancellor for Finance and Administration Dr. Jim Ramsey, who explained that he had been living in Chapel Hill little more than two months and had already met Mr. Horton, Mayor Waldorf, and Council Member Wiggins. He stated that he looked forward to meeting the rest of the Council and staff in the near future.
Mr. Howes concluded that the University is part of the community and wants to continue to be good citizens. Mayor Waldorf thanked the officials for coming to the meeting and noted that it is important to have relationships in place when challenges come along.
Item 2 - Public Hearings (none)
Ms. Andrews presented a request for additional funding for after school day camp. Ms. Andrews thanked the Town Council for its financial assistance with the Pine Knolls Community Center, an after school program for financially disadvantaged children. She asked for an additional $5,000 for a similar program at the South Estes Family Resource Center.
Council Member McClintock moved that the request be referred to the Human Services Advisory Commission, which will pool requests of this nature. Mayor Waldorf pointed out that assistance to the Pine Knolls after school program comes from Community Development funds, which the Advisory Commission does not control. Council Member McClintock asked Mayor Waldorf if she felt that this was a Community Development fund matter. Mayor Waldorf replied that she was stating a fact and would entertain comments.
Council Member Bateman, pointing out that she is the liaison to the Advisory Commission, explained that the Commission had not officially decided to take on a broader approval blanket than it now has.
Council Member Evans suggested receiving and referring the request to the Manager, but Mayor Waldorf pointed out that there already was a motion on the floor to refer it to the Advisory Commission.
Since there was no second to the motion on the floor, Council Member Evans moved to receive and refer the petition to the Manager.
Council Member McClintock said that she may have been mistaken when she thought the Council had agreed to let the Human Services Advisory Commission pool these requests.
Mayor Waldorf said that she too thought the Council had agreed to do that. She pointed out that they could refer it to both, but reiterated that the Pine Knolls program had come out of Community Development funds.
Council Member McClintock asked for funding options from the Manager. Mr. Horton said that the staff could come up with funding options, adding that there would not be many.
Mayor Waldorf pointed out that the Advisory Commission will not have funds until the beginning of fiscal year 1999-2000, adding that money might be available sooner from Community Development.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER THE REQUEST TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mr. Gangi requested that the Council direct the Manager to correct an oversight which allowed a Request for Proposals for construction of two buildings to go out with no mention of the progressive energy ordinance which the Council passed in May 1997.
Council Member Brown stated that the energy ordinance is important, adding that it must have been an oversight that Request for Proposals went out without it. She moved that the Council receive and refer the petition to the Manager and that the Manager bring back a proposal at the next meeting.
Mayor Waldorf asked if it was important to bring it back to the Council. Council Member Brown replied that it was important for the Council to see what the new Request for Proposals would look like.
COUNCIL MEMBER BROWN MOVED,
SECONDED BY COUNCIL MEMBER FOY, THAT THE COUNCIL RECEIVE AND REFER THE PETITION
TO THE TOWN MANAGER WITH A REQUEST THAT THE MANAGER BRING BACK AT THE OCTOBER
12 MEETING A
MEANS OF INCORPORATING THE ENERGY ORDINANCE INTO THE REQUEST FOR PROPOSALS FOR
THE FIRE STATION IN THE SOUTHERN PART OF TOWN.
THE MOTION WAS APPROVED UNANIMOUSLY (9-0).
Council Member Evans asked if Request for Proposals had already gone out. Mr. Horton replied that they had and that the next step would be to examine responses for factors such as energy conservation. He added that the Council’s motion would not harm that process.
Council Member Brown remarked that it would be useful for architects to know up front that the Town has an energy ordinance.
Rev. Burton, speaking on behalf of five churches located on Franklin Street, asked for approval to have a human “chain” of about 1,700 people, beginning at Chapel of the Cross Episcopal Church and ending at St. Paul’s AME Church. He said this event would take place on October 17th in commemoration of the 150th anniversary of Chapel of the Cross Church and the 134th anniversary of St. Paul’s AME Church, as well as the 4th anniversary of their sister parish relationship.
Rev. Stephen Elkin Williams, rector at Chapel of the Cross Episcopal Church, said that this would be a wonderful expression of common bonds of faith and unity for anyone who wants to participate. He noted that the churches are not asking for barriers to be put up along the streets, but only for a couple of minutes to hold the ceremony.
Mayor Waldorf noted that the staff already had advanced notice on this plan and were working on it. She stated her appreciation to the clergymen for attending tonight’s meeting and invite the viewing audience to join the “chain.”
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS APPROVED UNANIMOUSLY (9-0).
Ms. Verchet asked the Council to petition NCDOT to do something about safety at the intersection of Hamilton Road, Prestwick Road, and Highway 54. She explained that this intersection had been declared a “no walk” zone for children. Pointing out that DOT studies in the 1980’s and in 1997 identified this intersection as a problem, Ms. Verchet stated that a superhighway from Meadowmont would completely destroy the walker-friendly ambiance of the Glen Lennox neighborhood.
John Randall, a Glen Lennox resident, suggested using signaling, such as “no turn on red” signs, to make traffic stop while pedestrians are crossing. He also suggested placing rumble strips to slow traffic in pedestrian areas and putting up “school crossing” signs, maybe with flashing lights. Mr. Randall also recommended several design changes which could cause drivers coming off of the highway to slow down.
Mayor Waldorf noted that this issue had come to the Council’s attention over the last couple of weeks, and recommended referring it to the Manager. She thanked the speakers for their constructive suggestions, adding that it was disturbing to her that the school system had declared the intersection a “no walk” zone.
COUNCIL MEMBER EVANS MOVED TO RECEIVE AND REFER. COUNCIL MEMBER BROWN SECONDED.
Council Member Foy noted that the staff already was working on this project. He expressed hope that the staff would incorporate the ideas that the two citizens had just contributed. Council Member Foy asked if Ms. Verchet had given the Council anything in writing. Mayor Waldorf replied that she had that material and would pass it on to the Council.
Mayor pro tem Capowski recalled that there once was a crossing guard at that intersection. He noted that the decision to declare it a “no walk” zone was made by the school administration. Mayor pro tem Capowski then proposed an amendment to the motion asking Mr. Horton or Mayor Waldorf to write to school administrators and ask what improvements would allow children to use the intersection.
Mayor Waldorf asked if that was acceptable to the mover. Council Member Evans said that it was.
Council Member McClintock suggested sending the petition to the Manager first, and then perhaps having the Mayor communicate with school administrators after it comes back from the staff with suggestions.
Mayor Waldorf stated that she would like to know whether a pedestrian bridge is the only thing that can be done to let children cross safely.
Council Member Evans noted that such a bridge probably would be one of the alternatives.
Mayor Waldorf noted that a bridge is not a particularly pleasant alternative but added that the Council needed to be realistic about safety issues.
Council Member Brown agreed that a pedestrian bridge should be looked at, but stressed that finding ways to slow traffic should be investigated as well.
Mayor Waldorf agreed, but stressed that the principle of allowing children to get to their school, which is right across the street, is one that the Council needs to make real.
THE MOTION WAS ADOPTED UNANIMOUSLY(9-0).
Ms. Willis invited the Council,
the Manager, the Town staff, and citizens to the inaugural ceremony of the
Laura L. D. Thomas Access to the Journey Award. Ms. Willis explained that Laura Thomas was the founder of UNC’s
Disability Services. She added that she
was inviting the Council to attend
because Ms. Thomas, who died in June 1996, had contributed much to the Town and
had served on Chapel Hill’s Transportation Board from 1989-1995. Ms. Willis stated that the award would be
given on October 13.
Betty York
Ms. York, who has lived in Chapel Hill for 25 years, asked the Council to reconsider the issue of Bed and Breakfasts. She explained that she and her husband ran a small B&B in their home from 1986-91. Explaining that they did it at first for the extra income, Ms. York stated that they came to see that they were providing a community service. She told the Council that she was still getting calls even though she stopped running the B&B seven years ago. Ms. York noted that hers had been the only B&B in Chapel Hill and none exist now.
Council Member McClintock stated that she has an enthusiastic interest in looking into this question because there is a need for Bed and Breakfasts in Chapel Hill.
COUNCIL MEMBER McCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO HAVE THE TOWN MANAGER REPORT TO THE COUNCIL, AND TO THE LANDFILL OWNERS’ GROUP, ON THE STATUS OF THE RECYCLING SITE AT UNIVERSITY MALL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Foy removed Item b from the Consent Agenda.
Council Member McClintock removed Items c and g from the Consent Agenda.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE CONSENT AGENDA WITH ITEMS B, C & G REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(98-9-28/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 from August 24, 1998 including regular business meeting and summary of closed session. |
|
d. |
Resolution amending Council schedule to add work session with pay system consultant. (R-3). |
|
e. |
Resolutions to continue public hearings on South Columbia Street Condominiums applications for Zoning Atlas Amendment and Special Use Permit until November 16, 1998. (R-4) (R-5). |
|
f. |
Resolution authorizing the sale and donation of surplus property items. (R-6). |
|
h. |
Resolution authorizing performance and evaluation report for the Comprehensive Grant program. (R-8). |
This the 28th day of September, 1998.
A RESOLUTION AMENDING THE COUNCIL’S MEETING CALENDAR (98-9-28/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council’s meeting calendar is hereby amended to include a work session on October 12, 1998 at 5:00 p.m. for the purpose of discussing Slavin Management’s findings and recommendations regarding the Town’s compensation plan.
This the 28th day of September, 1998.
A RESOLUTION
CONTINUING THE PUBLIC HEARING ON THE SOUTH COLUMBIA STREET CONDOMINIUM
APPLICATION FOR A ZONING ATLAS AMENDMENT
(98-9-28/R-4)
WHEREAS, the Town Council opened and continued public hearings on May 18, June 8, and June 22, 1998 on an application for a Zoning Atlas Amendment related to the South Columbia Street Condominiums; and
WHEREAS, on June 22, 1998 the Council recessed and continued the public hearing until September 28, 1998; and
WHEREAS, the applicant has requested additional time to prepare a revised application; and
WHEREAS, after the revised application is received, the Town staff will schedule it for review by the Town staff and appropriate boards and commissions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council continues the Public Hearing, to be reconvened at 7:00 PM on November 16, 1998 in the Chapel Hill Town Council Chamber.
This the 28th day of September, 1998.
A RESOLUTION
CONTINUING THE PUBLIC HEARING ON THE SOUTH COLUMBIA STREET CONDOMINIUM
APPLICATION FOR A SPECIAL USE PERMIT (98-9-28/R-5)
WHEREAS, the Town Council opened and continued public hearings on May 18, June 8, and June 22, 1998 on an application for a Special Use Permit related to the South Columbia Street Condominiums; and
WHEREAS, on June 22, 1998 the Council recessed and continued the public hearing until September 28, 1998; and
WHEREAS, the applicant has requested additional time to prepare a revised application; and
WHEREAS, after the revised application is received, the Town staff will schedule it for review by the Town staff and appropriate boards and commissions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council continues the Public Hearing, to be reconvened at 7:00 PM on November 16, 1998 in the Chapel Hill Town Council Chamber.
This the 28th day of September, 1998.
A RESOLUTION DECLARING
TWO (2) ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING
THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS
(98-9-28/R-6)
WHEREAS, Article 23 of N. C. General Statute 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and
WHEREAS, the Town desires to dispose of certain items of personal property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill;
That the following items of personal property are hereby declared surplus:
1978 Champion D715 Motor Grader
BE IT FURTHER RESOLVED that Council authorizes the Motor Grader and Garbage Truck to be disposed of by sealed bid in accordance with N. C. General Statute 160A-267.
This the 28th day of September, 1998.
A
RESOLUTION APPROVING PERFORMANCE AND EVALUATION REPORTS FOR GRANT YEARS 1994,
1995, 1996 and 1997 (98-9-28/R-8)
WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Performance and Evaluation Report for Comprehensive Grant Program annual statements where funds are being expended; and
WHEREAS, the U.S. Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve the Performance and Evaluation Reports;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the attached Performance and Evaluation Reports and authorizes the Manager to submit them to the U. S. Department of Housing and Urban Development.
This the 28th day of September, 1998.
Mayor Waldorf notified the Council that five citizens had signed up to speak on Item 5e. She explained that all five speakers wanted to concede their time to Virginia Barbee, who had asked for 10 minutes. Mayor Waldorf noted that the Council had voted on July 2nd to move forward on this issue. She added that the group had agreed on a seventh member, had had one meeting, and was not anywhere near ending their discussion. Mayor Waldorf wondered whether it was appropriate to hear from the public at this point, commenting that she was not personally inclined to give 10 minutes because she would rather wait and see the outcome of the process.
Council Member McClintock stated that she understood Mayor Waldorf’s point, but did not want to turn away citizens who have something to say to the Council. She suggested compromising by giving Ms. Barbee five minutes, or less. The Council agreed by consensus to allow Ms. Barbee to speak for no more than five minutes.
Virginia Barbee, representing the Pine Community Center Home Ownership Program, invited the Mayor, the Town Manager, someone from the Council, Rev. Allison of the NAACP, and other concerned citizens to come on a bus tour of her neighborhood. She reviewed the past social and economic problems plaguing Johnson Street. Ms. Barbee explained that she and Ted Parish had tried to demonstrate how to save the community, which was being bought out by developers, by renovating a couple of houses themselves.
Item 6 - Nominations and Appointments
(none)
Item 7 - Consideration of items related to Downtown
Aggressive Panhandling
Mr. Horton stated that there are 25 to 30 aggressive panhandlers who intimidate passersby in downtown Chapel Hill. He said that the panhandlers are not associated with the Community Shelter, but many of them do eat at the Community Kitchen. Mr. Horton noted that the Town had increased police officers and civilian security monitors in the downtown area. He recommended adopting an ordinance which would prohibit people from intimidating or accosting others when asking for money.
Mr. Horton explained that the proposed ordinance would prohibit panhandlers from asking for money within 20 feet of a bank or ATM machine, and from within six feet of a bus stop. It also would prohibit impeding traffic by asking for money. He stated that he did not recommend licensing panhandlers, but did recommend seeking a policy change from the Inter-Faith Shelter that would ban people from the Community Kitchen who have habitually violated Town ordinances or State laws.
Blocking Public Access and Sidewalks at the Post Office
Mr. Horton reported that some of those who block the sidewalks by the Post Office are from the Franklin Street Teen Center. He recommend establishing a Post Office Committee, comprised of the Town staff, the Downtown Commission, and the Teen Center Board of Directors -- to discuss this behavior. Mr. Horton also requested that the Council consider using surveillance cameras inside the Post Office and in areas immediately around it. He suggested modifying terminology so that the Town can use the ordinance to assist in controlling crowds and to regulate behavior of individuals impeding walkways and public sidewalks. Mr. Horton also recommended redesigning the plaza in front of the Post Office to reduce undesirable behavior.
Misuse of Public Benches
Mr. Horton stated that the Council could adopt an ordinance which would require individuals to sit upright on public benches. He added that this ordinance would also prevent people from using bus stop benches for reasons other than waiting for a bus.
Downtown Businesses and Occupancy Limits
Mr. Horton pointed out that some downtown businesses have long lines of people waiting outside. He added that this has occasionally resulted in rowdy behavior which frightens some passersby. Mr. Horton pointed out that the Town has had good response from businesses on this issue. He asked that the Council direct the staff to monitor the situation and to continue working with business establishments that attract crowds outside.
Sanitation
Mr. Horton stated that this issue was brought to the Council’s attention by Mr. Robert Page, who had homeless people camping on his property when they were not allowed to stay at the shelter because of bad behavior. Mr. Horton recommended instituting “Agent to Act” agreements between property owners and police which would enable officers to require loiterers to leave private properties. He proposed closing the Rosemary Street Parking Plaza one hour earlier, adding that it would be worthwhile to form a Downtown Assessment Committee to identify trouble spots.
Accumulation of Debris
Mr. Horton recommended increasing downtown cleaning efforts by using court-ordered, community service workers on weekends. He asked that the Council direct the staff to bring back a report on this proposal.
Illegal Drugs and Alcohol
Mr. Horton reported that drug sales and drug use in public areas continues to be a problem. He recommended that the Town continue its undercover work and its enforcement of local ordinances. Mr. Horton thanked the Council for passing laws which regulate possession of open containers.
Lighting
Mr. Horton requested that the Council direct the staff to report on options for improving downtown lighting.
Automobile Break-Ins
Mr. Horton noted that improved lighting will also help decrease the number of break-ins, and he advised continuing to assign civilian security monitors and police to the area.
Graffiti
Mr. Horton pointed out that removing graffiti immediately is key to discouraging others from doing it.
Kathleen Lord, a Franklin Street business owner and Downtown Commission Chair, thanked the Council for their time and effort downtown, and offered assistance to the Town.
Scott Maitland suggested removing the profit motive from panhandling by creating “donation stations” on Franklin Street. He explained that people could drop money into them for the Interfaith Council, rather than handing it to beggars. Mr. Maitland argued that that this would remove the profit motive and probably would be more effective than restrictive ordinances.
Mayor Waldorf stated that she planned to vote for all of the Manager’s recommendations, adding that the Council had talked with University administrators about encouraging students to donate money to the IFC rather than giving it to beggars on the streets. Mayor Waldorf noted that young, female college students are the most generous on the street.
Council Member McClintock praised the Manager’s report and suggested offering panhandlers a ticket entitling them to a meal rather than money. She also remarked that having surveillance cameras outside the Post Office did not appeal to her even though it might be needed. Council Member McClintock sought clarification with Mr. Horton that people who lie down on benches would be asked to comply voluntarily. She also asked if the Charter School was contributing to the problem. Mr. Horton replied that some persons who frequent the downtown attend the Charter School.
Mayor Waldorf pointed out that she had been trying to meet with Charter School administrators. She added that Council Member Bateman will go with her to that meeting, as will a representative from the Police Department. Mayor Waldorf said that she intends to express the feelings of the community regarding the Charter School.
Council Member Bateman praised the report, but stated she had a problem with asking the Community Kitchen to turn people away who have broken rules. She objected to turning a hungry person away from a resource for food, and argued that it is impractical to ask the Community Kitchen, which is staffed by 700 volunteers, to do that. Council Member Bateman noted that there will always be a segment of society that cannot fit in. She stated that such people need punitive, therapeutic and custodial measures, and suggested that the Council ask the County to increase funding for mental health services. She also pointed out that an out-reach position had been vacant for more than a year because it is an ungratifying and low-paying job.
Mayor Waldorf asked Council Member Bateman to make a motion to that effect, adding that she would eagerly vote for it.
Council Member Evans praised the Manager’s recommendations, and requested a follow-up report in 4 to 6 months. Noting that she had attended meetings on this issue, she asked about adequate restroom facilities for people downtown. Council Member Evans pointed out that restrooms at the Shelter are accessible during the day, but not after 8:00 p.m. She suggested that the Manager bring back a request for the Shelter to leave those facilities open.
Mayor Waldorf asked Rita Gray to respond. IFC Chair Rita Gray explained that leaving the Shelter open all night would be too dangerous for the staff and guests.
Council Member Evans said that she did not intend to propose a motion, but merely to request a report back from the staff. Council Member Wiggins asked Council Member Evans if she still wanted a report back after hearing from the IFC. Council Member Evans said that she did, because it is the Council which grants the IFC’s lease on the Shelter building. Council Member Evans pointed out that the terms of that lease are what the Council decides they should be, and remarked that the odor of urine downtown is offensive.
Council Member Wiggins commented that homeless people are not the only ones who need bathrooms after 8:00 p.m. Mayor Waldorf pointed out that bathrooms on the parking deck are open and available from 8:00 a.m. to 11:00 p.m.
Council Member Foy asked what the aggressive panhandling ordinance gives police that they don’t already have. He also asked what the penalties are for violation of the ordinance. Mr. Karpinos replied that a violation of any municipal ordinance is a misdemeanor ($50 and/or 30 days in jail) unless a higher penalty (up to $500) is specified. Mr. Karpinos added that this penalty is higher than current State statutes on assault. He said the ordinance defines a more specific behavior and gives both the panhandlers and the community a better sense of what to expect, rather than relying on a more general definition of assault and battery.
Council Member Foy stated that the Council should think about whether or not it wants to put people in jail for 30 days for aggressive panhandling. He added that he was not sure he could support that.
Council Member Foy also suggested that the staff look at proposals that the Public Arts Commission had received on redesigning the front of the Post Office to see if those ideas could be incorporated. Mr. Horton replied that the staff would be glad to do so. Council Member Foy added that there is a problem with cigarette butts downtown because there are no receptacles. He added that the tops of trash receptacles are filthy and recommended taking a closer look at the quality of the Town’s current clean-up efforts.
Council Member Foy asked why the Rosemary Street Garage’s original hours of operation differed from than those of other parks. Mr. Horton explained that the purpose was to encourage use of the plaza and to allow people to go through and use elevators without difficulty during evening hours. He added that the public will still be able to do that in spite of the changed schedule
Council Member Brown asked how the Community Kitchen would obtain information about habitual offenders. Mr. Horton explained that the Police Department would furnish information to the IFC, including the numbers and specific nature of convictions. He noted that the Police Chief was available to answer questions.
Mayor Waldorf asked for a definition of “habitual offender” so that the Council would know what standard they are following. Chief Pendergraph replied that the Town has not yet developed a proposal which defines what a habitual offender is. He added that once the Council directed the Police Department to pursue the ban, the Department would work with the IFC to identify violations that would lead to banning and establish a length of time for the ban.
Council Member Brown asked Ms. Gray to explain more about how the IFC was willing to work on this. Ms. Gray replied that the IFC was in the process of devising appropriate guidelines. She explained that the IFC wanted to be very careful about who they say could not come and have a meal at the Community Kitchen. She added that there are people who cannot obey the rules of society because of mental health issues, but stressed that the IFC is willing to work with the Town and the
Police Department to develop guidelines. She speculated that the ban would likely be for those who use the IFC’s services on a continuing basis without appearing to make any changes in their behavior or their circumstances.
Ms. Gray explained that the IFC already has clear rules with varying degrees of penalties. She noted that people are banned from all IFC services only for very serious offenses. She added that she wanted the ability to warn chronic offenders that they could be banned for a period of time if they don’t comply with rules. Ms. Gray pointed out, however, that the IFC is charged with meeting the unmet needs of the community and has a tradition of not turning anyone away who truly needs food.
Mayor Waldorf reported on a meeting with IFC staff that she recently attended. She explained that the staff described individuals who do not stay at the shelter and who have refused time and again the entire array of services that the shelter offers, except free food. Mayor Waldorf pointed out that those are the likely habitual offenders if they also happen to be chronic offenders of the public ordinances. Ms. Gray agreed, adding that a precedent exists because the shelter already has rules which people must obey or they are asked to leave.
Council Member Brown suggested the Council ask the IFC to establish rules regarding the Community Kitchen and bring them back to the Council at a later date. Ms. Gray supported that idea.
Mayor pro tem Capowski read an E-mail message from Mark Fraser, a friend of his who is a professor in the School of Social Work at UNC. The letter advised the Council to find a middle-road approach to setting standards of public safety rather than adopting either the liberal urge for tolerance or the conservative tendency toward punitive measures. Mayor pro tem Capowski reminded Ms. Gray that the IFC uses a multi-million dollar Town asset, and therefore has a responsibility to the public to see that the people they attract do not harm the Town. Ms. Gray agreed that the IFC has this responsibility, but stated that she disagreed that all of the problems with panhandling in downtown Chapel Hill are because the IFC is leasing the building from the Town. She pointed out that she too was in favor of finding some middle ground.
Mayor Waldorf pointed out that the Town and the IFC were on a good path of working together. Ms. Gray rhetorically asked Mayor pro tem Capowski if he thought the IFC’s base of volunteers and financial support would continue if they felt that the IFC was doing something that was making life difficult for the other citizens of Chapel Hill.
Mayor pro tem Capowski stated that he agreed with the general idea of surveillance cameras inside the Rosemary Street Parking Deck, but asked for specifics on where they would be. Mr. Horton replied that the plaza area and the area near the restrooms were the two greatest problem areas. Mayor pro tem Capowski asked where the TV images would go. Mr. Horton explained that they would be monitored at the Police Department. Mayor Waldorf recalled that the original design for the parking deck included security cameras but that those were eliminated for budgetary reasons.
Mr. Horton added that it would be useful to have cameras inside the Post Office where there has been repeated vandalism, including small fires. He advised also putting them in the area immediately around the Post Office building. Recalling that the Council had earlier expressed concern about general surveillance, Mr. Horton repeated that he meant only the areas immediately around the building.
Council Member McClintock expressed resistance to having cameras at the front of the Post Office building. Mr. Horton said that surveillance was needed there because there was a lot of unfavorable behavior in that area. He added, though, that he understood the concern and that was why the Town brought it to the Council.
Council Member Wiggins, responding to statements made earlier by Mayor pro tem Capowski, explained that she was a former staff person and a former board member of the IFC and realized that the IFC was using a multi-million dollar asset of the Town. She pointed out, though, that the IFC has performed a multi-million dollar operation.
Council Member Wiggins stated that the IFC has been delivering services to Chapel Hill for more than a decade. She argued that the IFC is entitled to use that facility in a way that their board of directors and volunteers determined would benefit the community.
Council Member Wiggins pointed out that thousands of congregational volunteers, and a board of directors who love the community just as much as the Council does, are working with the IFC because they want Chapel Hill to be a better place. She stressed that she would not want anyone from the IFC to think that she shares the sentiment that the IFC owes the Town any more than it is already giving.
Mayor Waldorf suggested striking the qualification regarding impeding traffic and suggested that they simply make it illegal to beg at intersections. Mr. Karpinos replied that the phrase does make it possible to ask for money in situations where someone might be able to pull off into a wide shoulder and get out of the flow of traffic in order to donate. Mayor Waldorf stated that she questioned its enforcement. She wondered about situations where there is no shoulder to pull off onto, and asked would people interpret the ordinance to mean that someone who stops during moving traffic to hand money out the window is violating the law? Mayor Waldorf also asked who would be charged in that case, the beggar or the driver. Mr. Karpinos explained that the person doing the panhandling would be in violation. He stated that even though the driver might be charged with some additional traffic violation, the ordinance is addressed to the beggar. Mr. Horton added that the Town’s approach in that situation would be to observe the behavior and take action when they saw a violation.
Council Member McClintock stated that she did not think that any of the Council’s discussion had detracted from the good work that goes on at the Shelter. She cautioned, though, that good things can sometimes contribute to problems, adding that someone had told her that huge gangs of panhandlers had come from outside the Town to find kind-hearted students beginning the fall semester. Council Member McClintock commented that the goal was to keep the Community Kitchen from being an incentive to contribute to this problem. She offered appreciation to the Mayor and the Manager for their efforts in this regard.
Council Member McClintock asked if District Attorney Carl Fox had been informed of the proposed ordinances, noting that neglect to do so had in the past annoyed the District Attorney. Council Member McClintock wondered if there might be effects on the court system which the staff and the Council have not thought about. Mr. Horton replied that he had not discussed this with Mr. Fox, but indicated that the Police Chief may have done so. Chief Pendergraph replied that the Police Department had not discussed specifics with Mr. Fox, but had discussed some issues because members of Mr. Fox’s staff were among the complainants.
Mayor Waldorf noted that Mr. Fox had been invited to an upcoming meeting with the IFC, the Town, and Chief District Judge Joe Buckner. She pointed out that the Council is deciding whether the staff’s recommendations reflect important community standards. She added that the Council’s decision to support those recommendations in behalf of the community will not be worth much if the District Attorney and judges do not stand behind the laws it passes.
COUNCIL MEMBER WIGGINS MOVED R-9, SECONDED BY COUNCIL MEMBER EVANS.
Council Member Bateman reminded the Council that society even feeds prisoners. She stated that she did not want to go on record as saying that the Council wants the Shelter to automatically turn people away who have habitually broken the law. She suggested rewording the ordinance, giving the IFC responsibility to formulate the policy. Mayor Waldorf pointed out that that is the way it is now, but Council Member Bateman replied that the Council was asking the IFC to establish rules that would ban people.
Mr. Horton suggested modifying the language to read “that the Interfaith Council establish rules regarding use of the Community Kitchen by persons who habitually violate State and local laws.” Council Member Bateman agreed with that wording, stressing that she had wanted to eliminate the word “ban.”
Mayor Waldorf asked Mr. Horton to repeat the wording to see if it is acceptable to the mover and the seconder. He did, and both accepted it. Council Member Brown asked that the IFC bring those rules before the Council. Council Member Evans asked for a staff report in four to six months. Mr. Horton replied that it would take a year to see if the ordinances are effective.
Mayor Waldorf reminded the Council that one objective was to make general improvements downtown. She added that reports would come back on the whole array of improvements. Mr. Horton also pointed out that the staff would keep the Council informed on each of the key issues as necessary. Council Member Evans pointed out that such reports keep the public informed.
Council Member Bateman suggested adding a new Section N to R-9, asking the County to increase funding for the vacant social work position by designating it as a hard-to-recruit position. Mayor Waldorf asked if it was acceptable to the mover and the seconder, which it was.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-9, AS AMENDED TO INCLUDE NEW LANGUAGE IN SECTION A AND THE ADDITION OF SECTION N. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION DIRECTING THE TOWN MANAGER TO TAKE CERTAIN ACTIONS TO ADDRESS ISSUES CONCERNING DOWNTOWN CHAPEL HILL (98-9-28/R-9)
WHEREAS, the central business district of Chapel Hill is a vital part of our community; and
WHEREAS, the central business district draws residents, students, and visitors for dining, shopping, and other activities; and
WHEREAS, it is in the best interest of all to keep the central business district vital and inviting;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following actions be taken by the Town Manager or by staff as designated by the Manager:
Section A: Request of the Inter-Faith Council. Request that the Inter-Faith Council establish rules regarding use of the Community Kitchen by persons who have habitually violated State and local laws.
Section B: Formation of a Post Office Committee. Initiate a committee of Town staff, the Downtown Commission, the Franklin Street Teen Center Board of Directors, and the Teen Board to address issues concerning the Post Office Property.
Section C: Report on Surveillance Cameras. Investigate the feasibility of installing surveillance cameras at the Post Office and Rosemary Street Parking Deck. A report will be presented to the Council as part of the 1999-2000 budget proposal.
Section D: Modifications to the Post Office Property. Initiate an assessment of the exterior area of the Post Office, with possible design modifications that would improve the lighting, pedestrian circulation, and possibly discourage property damage. This report would be presented to Council for consideration as part of the Town’s Streetscape Improvement Project.
Section E: Crowds Related to Occupancy Limits. Monitor the situation of crowds waiting for entrance to downtown businesses, and will work with these establishments to address any on-going problems.
Section F: Agent to Act Agreements. Contact downtown property owners to encourage them to have Agent to Act Agreements with the Police Department, and police officers will enforce trespassing laws on their properties.
Section G: Formation of a Downtown Assessment Committee. Form a committee of Town staff and the Downtown Commission in order to identify and address problems in a timely and coordinated manner. An initial status report will be presented to the Council.
Section H: Use of Court Ordered Workers on the Weekends. Make the necessary arrangements to use court ordered community service workers for cleaning duties in the central business district on Saturday and Sunday.
Section I: Report on Additional Cleaning Services. Report to the Council about options for obtaining additional sidewalk cleaning services.
Section
J: Enforcing Drug and Alcohol Laws. Continue
the enforcement of local ordinances and State statutes which address illegal
drugs and alcohol.
Section
K: Lighting Options. Provide
the Council options for downtown lighting improvment implementations.
Section
L: Automobile Break-ins. Assign
the needed police resources to address automobile break-ins in the central
business district.
Section
M: Graffiti. Continue
the coordinated enforcement and quick removal approach to graffiti.
Section
N: Request to Increase County Funding. Request
that Orange County increase funding on social worker position by designating it
as “hard to recruit”.
This
the 28th day of September, 1998.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-10.
Council Member Foy asked if the Council could modify the penalty portion of the ordinance. Mr. Karpinos stated that the Council could stipulate a penalty greater or less than the standard penalty in the law. Mr. Foy asked the mover and seconder to consider an amendment to modify the penalty from 30 days to only 48 hours maximum in jail.
Mayor Waldorf asked which other Town ordinances impose a $50 fine and 30 days in jail. Mr. Karpinos answered that 30 days is the general rule except where otherwise stipulated in the Town Code. Explaining that he did not have the Town Code with him, Mr. Karpinos said there were several ordinances where the Council had stipulated a higher fine, but that 30 days in jail is the maximum and the courts determine the jail term.
Council Member Foy responded that he did not want people to be thrown in jail and accidentally stay there for a week for aggressive panhandling. Mayor Waldorf asked what Council Member Foy thought would be appropriate, noting that many will not be able to pay a $50 fine. Council Member Foy replied that the goal is to indicate to the courts how the Council wants this violation to be treated. He said that 48 hours is enough time to spend in jail for aggressive panhandling.
Council Member McClintock expressed resistance to designing penalties on the floor, when the Town Attorney did not have a Town Code handy and the District Attorney is not present. She agreed with Council Member Foy, but wondered if 48 hours was long enough to deter very aggressive individuals who come close to physically abusing people.
Council Member Foy reminded the Council that someone who is engaging in behavior that goes beyond aggressive panhandling would be subject to another law. He pointed out that an aggressive panhandler is defined as someone who makes you think you might be in harms way and argued that 30 days in jail would be overbearing.
Council Member McClintock responded that Council Member Foy had made a good argument. She asked whether the Police Chief and the Manager thought the lower penalty would be effective.
Mayor pro tem Capowski stated that he did not feel competent to establish a penalty. He noted that people who speed are not thrown in jail even though they could be, and added that judges take the myriad of issues into account.
Council Member Foy replied that it is in the Council’s discretion to decide what the penalty should be and to indicate what level of seriousness it attaches to a particular ordinance.
Mayor pro tem Capowski asked if there was a way for the Council to express that sentiment without setting a penalty. Council Member Foy replied that the Council was going to set a penalty anyway.
Mayor Waldorf asked for the Manager’s opinion. Mr. Horton explained that the staff had devoted time to developing the ordinance and had not concentrated on the penalty. He added that Council Member Foy had made some good points and that he and the Police Chief would have no objection to 48 hours.
Mayor Waldorf noted that even with a penalty of 30 days an offender probably would get less than 48 hours in jail. She added that most drug dealers do not even get 48 hours.
Mayor Waldorf and Council Member Foy asked Council Member Pavao if he, as the mover, would accept the amendment changing the penalty to 48 hours. Council Member Pavăo agreed.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 4.1, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN
ORDINANCE ENACTING REGULATIONS ON AGGRESSIVE PANHANDLING
(98-9-28/O-4.1)
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF
CHAPEL HILL as follows:
Section 1. Chapter 11 of the Town Code is hereby amended by adding a new Article XVII to read as follows:
“ARTICLE XVII. REGULATION OF AGGRESSIVE PANHANDLING
Sec. 11-170.
Begging, panhandling, or soliciting alms or contributions.
(a) Definitions:
(1) To "beg, panhandle, or solicit alms or contributions"
shall be defined to include, without limitation, the spoken, written, or
printed word or such other acts as are conducted in furtherance of the purpose
of obtaining alms or contributions;
(2) "accosting another person" shall be defined as approaching
or speaking to someone in such a manner as would cause a reasonable person to
fear imminent bodily harm or the commission of a criminal act or damage to
property in his immediate possession;
(3) "intimidate another person" shall be defined as acting in
such a way as would cause a reasonable person to fear bodily harm and therefore
to do something he or she would not otherwise have done;
(4) "forcing oneself upon the company of another person" shall
be defined as (i) continuing to request or solicit alms in close proximity to
the person addressed after that person has responded negatively; (ii) blocking
the passage of the person addressed; or (iii) otherwise engaging in conduct
which reasonably could be understood as intended to force a person to accede to
demands.
(5) "public place" shall be defined to include streets,
sidewalks, alleys, and other public property, as well as Town-owned and
Town-controlled property and private property open to the public unless permission
to solicit has been obtained from the Town or from the private property owner
or other person in authority.
(b) No person shall beg, panhandle, or solicit
alms or contributions in a public place in a manner so as to intimidate another
person or by accosting another person, or by forcing oneself upon the company
of another person.
(c) No person shall beg, panhandle, or solicit
alms or contributions from another person within twenty feet of an entrance or
exit of any bank or financial institution or within twenty feet of any Automated
Teller Machine.
(d) No person shall beg, panhandle, or solicit
alms or contributions in any public transportation vehicle owned or operated by
the Town of Chapel Hill or at any station for such vehicle or within six feet
of a stop for such vehicle.
(e) No person shall beg, panhandle, or solicit
alms or contributions while sitting or standing on a roadway or the shoulder or
median of a roadway if such action impedes the normal flow of traffic.
(f) Violation of this section shall constitute a
misdemeanor and shall subject the violator to a fine of not more than fifty
dollars ($50.00) or imprisonment for not more than forty-eight (48) hours.”
Section
2. This ordinance shall be effective
upon adoption.
This the 28th day of September, 1998.
Council Members agreed to disregard O-4.2, which would establish a permitting process.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE O-4.3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN
ORDINANCE REVISING SECTION 11-61 CONCERNING FREE PASSAGE ON THE SIDEWALKS
(98-9-28/O-4.3)
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF
CHAPEL HILL as follows:
Section 1. Section 11-61 of the
Town Code is hereby amended as follows:
“Sec. 11-61.
Dispersal of crowds; refusal
Refusal to disperse when obstructing passage.
Whenever the free passage of any street, or sidewalk, alley,
or public walkway in the town shall be obstructed by a crowd person or persons, the person or
persons composing such crowd
obstructing said passage shall disperse or move on when directed to do
so by a police officer. It shall be
unlawful for any person to refuse to so disperse or move on when so directed by
a police officer as herein provided.”
Section 2. This Ordinance shall
be effective upon adoption.
This the 28th day of September, 1998.
Council Member Foy moved O-4.4 with the same change in penalty as O-4.2.
Mayor Waldorf noted that she had ask if the Council needed to add “sleeping on the street, sidewalk or alleys” and was assured that this was already enforceable.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 4.4, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN
ORDINANCE ENACTING REGULATIONS ON THE USE OF TOWN BENCHES, SEATS, AND
TABLES (98-9-28/O-4.4)
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF
CHAPEL HILL as follows:
Section 1. Chapter 17 of the
Town Code is hereby amended by adding a new Section 17-17 to read as follows:
“Sec. 17-17.
Use of public benches, seats, and tables
(a) No person shall sleep or lie in a prone
position on benches, seats, or tables located along the sidewalks of Franklin
Street, North Columbia Street, South Columbia Street north of Cameron Street,
Rosemary Street, or Henderson Street, or on the Rosemary Street Parking Deck
Plaza.
(b) No person shall sleep or lie prone on benches
or seats at Town bus stops, nor shall any person sit on bus stop benches or
seats except when awaiting a bus.
(c) Violation of this section shall constitute a
misdemeanor and shall subject the violator to a fine of not more than fifty
dollars ($50.00) or imprisonment for not more than forty-eight (48) hours.”
Section 2. This Ordinance shall
be effective upon adoption.
This the 28th day of September, 1998.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT ORDINANCE 4.5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN
ORDINANCE REVISING SECTION 12-1 CONCERNING THE HOURS OF THE ROSEMARY STREET
PARKING DECK PLAZA (98-9-28/O-4.5)
BE IT ORDAINED BY THE COUNCIL OF CHAPEL HILL as
follows:
Section 1. Chapter 12 of the
Town Code is hereby amended by rewriting Section 12-1 to add the Rosemary
Street Parking Deck Plaza to the list of town parks which are closed from 11:00
p.m. until 6:00 a.m. and by deleting the following language:
Except as authorized by the director of
parks and recreation or his designee, the following town park is closed from
midnight until 6 a.m.:
Rosemary Street Parking Deck Plaza
Section 2. This Ordinance shall
be effective upon adoption.
This the 28th day of September, 1998.
Mayor Waldorf referred to Attachment 8 of the Manager’s report and commented that she would like to circulate those statistics to the public.
Item 8 - Options for Future Development of Northern Community
Park, Including Batting Cages
and Athletic Facilities
8a. Report from Parks and Recreation Commission
Dan Costa, Parks and Recreation Commission Chair, summarized a written report asking the Council to authorize the staff to begin designing a batting cage facility at Northern Community Park. Mr. Costa listed several reasons why the Parks and Recreation Commission recommended building a batting cage facility. He also asked the Council to authorize using $53,000 in capital reserve funds to begin the conceptual planning process for an aquatics/community center. Mr. Costa reported that the Commission had voted unanimously to recommend that the Council take steps to complete the Park.
Council Member Foy asked what the revenue projections were for the batting cages. Mr. Horton replied that the Town was not able to estimate that, adding that the only way to know is to operate the business. Mr. Costa added that making any money at all would be to the Town’s benefit, since projections are that it will break even.
Diane LeMasters reported that the original estimates of revenue production was $30,000-$100,000 annually. Mayor Waldorf asked what assumptions about charges this was based on. Ms. LeMasters replied that it was based on standard charges, such as 15-20 pitches per $1.00 token, or on renting the facilities for 15 minutes to an hour. Ms. LeMasters encouraged designing the batting cages now because there was overwhelming support for the park bond issues in the last two elections. She said that Chapel Hill teens do not have enough to do, and advised giving them a place to hang out where drugs and alcohol would be prohibited.
Kathryn Spatz, Parks and Recreation Director, summarized the staff report. She recommended that the Council adopt Resolution B, which would authorize construction of a batting cage facility with funds from Parks and Recreation bond funds. Ms. Spatz also asked the Council to authorize the Manager to use up to $53,000 to develop a conceptual plan study of a potential aquatic facility at Northern Community Park. She requested that the Council adopt a budget ordinance transferring $53,000 from the capital reserve fund to a multi-year project budget for construction of the aquatics facility.
Council Member McClintock inquired whether the requested funds would come out the bond money that would have gone toward the pool. Ms. Spatz replied that the funding source would be remaining contingency funds from the Lincoln restroom project, the Northside Gym project, and Northern Community Park.
Council Member Brown asked if revenues from batting cages could be earmarked for the bond fund for the pool. Mr. Horton replied that the Council can always earmark funds for particular purposes if it wishes to do so.
Mayor pro tem Capowski asked if adopting the resolution for batting cages would slow down construction of the pool. Ms. Spatz stated that it would not, noting that funds for the pool would have to be developed.
Council Member Brown asked if the conceptual plan was for the pool only. Ms. Spatz replied that it was for completion of Northern Community Park. Council Member Brown pointed out that the renewable energy for heating section of the Town’s energy ordinance probably applies to swimming pools as well.
Council Member Foy asked if the batting cages would be built instead of tennis courts and asked what tennis courts would have cost.
Mayor Waldorf, answering that tennis courts had been budgeted at $156,000, asked where that money had gone. Mr. Horton replied that it went into the general budget.
Council Member Foy noted that the tennis courts had been eliminated because the Council perceived that the Town did not need them. Ms. Spatz replied that that decision was made before she became Director but she agreed that a need for tennis courts could not be justified. Council Member Foy explained that he was not arguing for more tennis courts but merely pointing out that there was almost an even switch.
Council Member Bateman asked Ms. Spatz to discuss her tentative recommendation for resolution C rather than B. Ms. Spatz replied that there was not much difference between the two recommendations and that this was a policy decision. Mr. Horton added that he put his recommendation forward taking into account Ms. Spatz’s assessment.
Steve Salmony, former coach and baseball player, stated that batting is one of America’s favorite past-times. He stressed that there is a need for more recreational facilities in Chapel Hill and that much good would come from introducing batting cages.
Steve Miller, a coach and parent of two former Chapel Hill baseball league players, stated that there is no effective way to teach a child how to hit a baseball without a batting cage. He also said that there is no more effective way for more advanced players to practice. Mr. Miller explained that Chapel Hill residents drive out to Durham and Mebane to practice with cages. He argued that there is a hole in the recreational facilities in Chapel Hill and asked the Council to fill it.
Evie Ward, a little league parent and former softball player, stated that she was speaking for many other parents and players as well. She reported that her son’s baseball team had only been able to practice twice with a batting machine last season because there were not enough to go around. Ms. Ward predicted that there will be lines waiting to use batting cages, and proposed that the Town do everything it can to support such a productive activity.
John Covach, UNC music professor, baseball coach, father of two boys and member of the Parks and Recreation Commission, noted that Chapel Hill’s baseball program is perceived as second to Carrboro’s and stated that it would be wonderful to have the advantage of batting cages. He said resolution C differs from resolution B in that C allows for there not to be batting cages if planning goes in that direction. Mr. Covach stated that the Parks and Recreation Commission voted for resolution B and that is the one that he favors. He proposed that a park should enable the broadest range of people to use it, and predicted that batting cages would achieve that.
Council Member Pavăo, noting that he is the Council’s liaison to the Parks and Recreation Commission, reported that the Commission overwhelming felt that there was a need for both the batting cages and the swimming pool. He said that the Commission was unanimous in its feeling that batting cages should be installed now. Council Member Pavăo argued that using $200,000 for batting cages now would not deter from building a pool in the year 2000.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, ADOPTION OF R-11.
Council Member McClintock insisted that as a matter of principle the Town should not use the $200,000 in bond funds for batting cages when the voters had earmarked it for a pool. She offered a substitute motion that would add “bond funds are not to be used for the batting cage project” to the resolution. Council Member McClintock stated the importance of maintaining public trust with the voters. Council Member Bateman seconded the substitute motion.
Mayor Waldorf stated that the way to change the motion was to change the final “be it resolved...” where it says “the Manager is directed to use...” and add “something other than” to “Parks and Recreation funds.”
Council Member Brown asked what money would be available if the Town did not use bond funds. Mr. Horton replied that the fund balance would be the main source of funding. Council Member Brown asked what effect that would have on the fund balance. Mr. Horton explained that it looked like a good year but noted the importance of keeping funds in the general balance in order to retain the bond rating.
Council Member Brown suggested requiring that profits from the skateboard ramp and the batting cages go into the bond fund. Mr. Horton expressed doubt that either of those activities would break even.
Mayor Waldorf noted that, among other things, profitability will depend on what policies the Council and the Parks and Recreation Department set for charging.
Council Member Brown added that it will also depend on staffing and maintenance of the facility. Mr. Horton agreed. Council Member Brown asked if passing the substitute motion and keeping the fund balance would mean that the Town would not proceed with the batting cages until the next fiscal year. Mr. Horton replied that there probably would be sufficient funds to do it, but stated that he may not recommend it.
Mayor Waldorf emphasized that the plan had been to borrow from the general fund balance anyway, and then reimburse the Parks and Recreation bond fund when the remaining bonds were sold. Mr. Horton pointed out that borrowing is different. Mayor Waldorf agreed, but stressed that the $200,000 is in fact available.
Council Member Bateman, noting that the amount requested for batting cages decreased from $256,000 to $200,000 after less funds became available, stated that she was uncomfortable with the figures. She cautioned the Council not to be seduced by possible revenue generation, and agreed that those who voted for the bonds did not think they were getting batting cages. Council Member Bateman suggested finding money somewhere other than bonds, or waiting to do the batting cages later.
Council Member Brown asked for clarification that the substitute motion would not delay the batting cages.
Mayor pro tem Capowski opposed the substitute motion, arguing that the batting cages are an affordable, one-time expense and the swimming pool would be constructed anyway.
Council Member Bateman stated that she supported the substitute motion because she did not agree with logic that proposes borrowing money from the fund for batting cages and then making it more difficult to afford the pool later.
Mayor pro tem Capowski replied that doing it now would give the public an activity that it can use, while not doing it would give nothing and would not speed up pool construction.
Mayor Waldorf pointed out that the batting cages are part of the first phase of the park. She added that the pool is a second phase and that the cost of that is 20 times greater than batting cages.
Council Member Pavăo called the question. Mayor Waldorf explained that voting for the amendment meant voting for the batting cages and funding them with money other than bond funds.
THE SUBSTITUTE MOTION FAILED (3-6), WITH COUNCIL MEMBERS McCLINTOCK, BATEMAN AND WIGGINS VOTING IN FAVOR AND MAYOR WALDORF, MAYOR PRO TEM CAPOWSKI, AND COUNCIL MEMBERS FOY, BROWN, PAVĂO, AND EVANS VOTING AGAINST.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-11, RESOLUTION B. THE MOTION WAS APPROVED (7-2) WITH COUNCIL MEMBERS McCLINTOCK AND BATEMAN VOTING AGAINST.
A RESOLUTION AUTHORIZING THE MANAGER TO BEGIN IMMEDIATE DEVELOPMENT OF
THE NORTHERN COMMUNITY PARK BATTING CAGE PROJECT (98-9-28/R-11)
WHEREAS, the Council considers the batting cage project a top recreation priority of the Town; and
WHEREAS, immediate development of the batting cage facility should allow use in 1999; and
WHEREAS, construction of a batting cage facility would allow joint management of the skateboard and batting cage facilities;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to begin immediate development of the Northern Community Park batting cage project.
BE IT FURTHER RESOLVED that the Manager is authorized to use any unused funds from the Lincoln restrooms, Northside Gymnasium, and Northern Community Park projects to design and build the batting cage facility.
BE IT FURTHER RESOLVED that if additional funds are required to complete the batting cage project the Manager is directed to use Parks and Recreation bond funds to pay for the batting cage project.
This the 28th day of September, 1998.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 10.
Council Member Foy, noting that the Town probably will borrow money to build the pool at Northern Community Park, asked if it would make sense to finance renovations on the current Community Pool under that same “aquatics umbrella.” Mr. Horton stated that he saw the logic in that idea even though the costs may go up some. Council Member Foy added that since the Town needs to raise $2-million to build the new pool anyway, perhaps it could raise $2-1/2-million and renovate the other pool at the same time.
Mayor Waldorf repeated Council Member Foy’s suggestion and asked the Manager for comment. Mr. Horton stated that the two projects could be handled by the same firm but that may not be the best approach. He added that maintenance costs should come out of maintenance funds rather than bond funds.
Council Member Foy stated that it would be good to know if more money is needed for the Community Pool when the Town starts raising money. Mr. Horton replied that the Parks and Recreation staff was working on a master plan that will include renovation of existing facilities.
Council Member Bateman asked if the Town really needs to spend $53,000 to learn that the Town needs a new swimming pool. Mr. Horton explained that the fee is for a conceptual design, which will show square footage, the layout of the facility, and so forth.
Council Member McClintock asked if the plan was for the pool only or for other multi-purpose rooms. Mr. Horton replied that it would include an option for other rooms.
Council Member Pavăo noted that the conceptual plan will also give options for the type of pool to be built.
Council Member McClintock asked for further justification of the expenditure and Mr. Horton explained that obtaining an architectural design is expensive. Council Member Bateman questioned the $200,000 projected for architect fees. Mr. Horton explained that is for the total package, including preliminary design, drawings for construction, document specification, inspections, and so forth. Mayor Waldorf asked if approving the resolution meant approving the bid. Mr. Horton replied that the staff would work with the Parks and Recreation Commission to make a selection.
RESOLUTION R-10 WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
AUTHORIZING THE MANAGER TO BEGIN THE CONCEPTUAL PLAN PROCESS FOR A PROPOSED
AQUATIC FACILITY AT NORTHERN COMMUNITY PARK (98-9-28/R-10)
WHEREAS, funding and developing an indoor aquatic facility at Northern Community Park is a top recreation priority for the Town; and
WHEREAS, a conceptual plan process would allow the community and the Council to fully explore potential programs for an indoor swimming pool and community center; and
WHEREAS, the Council appropriated $53,000 in FY 1998-99 to be used for the proposed Northern Community Park pool project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to begin the conceptual plan and public input process for a proposed aquatic facility at Northern Community Park.
BE IT FURTHER RESOLVED that up to $53,000 in funds currently allocated for the proposed aquatics facility be used to finance the conceptual plan study.
BE IT FURTHER RESOLVED that the Manager is authorized to present a recommended conceptual plan committee structure for future Council consideration.
This the 28th day of September, 1998.
Mayor Waldorf recommended that the Parks and Recreation Commission arrange a time to go before the County Commissioners with a status report on Northern Community Park. She said that the County Commissioners were interested in being informed since County bond money had been earmarked for the project. The Council agreed that the Parks and Recreation Commission should do that.
COUNCIL MEMBER McCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 5A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE
RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (98-9-28/O-5a)
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, 1998” as duly adopted on June 8, 1998 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
CAPITAL RESERVE
FUND
Reserved for Capital
(Pool Improvements) 53,000 (53,000) 0
Transfer to Parks Capital
Projects 0 53,000 53,000
This the 28th day of September, 1998.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO ADOPT ORDINANCE 5B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO ESTABLISH A CAPITAL PROJECTS ORDINANCE FOR PARKS AND RECREATIONAL FACILITIES FROM 1996 PARKS AND RECREATION BOND PROJECTS (98-9-28/O-5b)
BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the capital projects ordinance is hereby established for Parks and Recreational Facilities to be constructed from Parks bonds approved by the voters in November, 1996:
SECTION I
The capital project, as authorized by bond referenda approved in November 1996, includes the capital costs of providing parks and recreational facilities within and without the corporate limits of the Town, including the acquisition and development of land for community and neighborhood parks and park facilities, entranceways and greenways.
SECTION II
The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the bond authorization, and within the funds appropriated herein.
SECTION III
Revenues anticipated to be available to the Town to complete the project are amended as follows:
Current Budget Revised Budget
Bond Proceeds $5,000,000 $5,000,000
Transfer from Capital Reserve Fund 0 53,000
Total $5,000,000 $5,053,000
SECTION IV
Amounts appropriated for the project are amended as follows:
Current Budget Revised Budget
Parks and Recreational Facilities $5,000,000 $5,053,000
SECTION V
The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget. He shall also keep the Council informed of any unusual occurrences.
SECTION VI
Copies of this projects ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.
This the 28th day of September, 1998.
Item 9 - Response to Orange County Proposal on Solid Waste Management
Mayor Waldorf suggested that the Council defer this item to a later date due to the late hour and the media’s interest in the subject.
Council Member Brown asked that it be the first agenda item at the October 12th meeting because there were citizens who had been waiting all evening.
Mayor Waldorf pointed out that October 12 will still be within the 60 days that the County Commissioners had requested. She apologized for the delay, but added that the Council would be less effective at such a late hour.
Council Member McClintock stated that the Council would focus on the Manager’s memo at the October 12 meeting.
Mayor Waldorf added that the Council also has letters from representatives to the Landfill Owners’ Group. Council Member McClintock expressed concern that this might take the entire evening. Mr. Horton offered to bring back a report touching on each issue and highlighting the differences between what Council Members and staff have written.
Council Member Brown cautioned that there might be differences of opinion among Council Members.
Council Member McClintock pointed out that there should be something on the table to prevent confusion.
Council Member Foy noted that the Manager essentially agreed with what the County said on many of the 20 points in his memo, adding that the Council’s time would be best spent focusing on areas where there is no agreement. Council Member Foy agreed that the Council might never finish their discussion if they do not prioritize.
Council Member Brown agreed that it would be better to look at specifics.
Item 10 - Consideration of Proposed Action Plan
for Working with Blue Cross Blue Shield
Council Member Pavăo prefaced his report, written jointly with Council Members Bateman and Foy, by saying that that they do not know whether Blue Cross Blue Shield plans to stay in the area or not. He then read his Committee’s conclusions, recommendations, and action plan. Council Member Pavăo stated the report concluded that it is both possible and desirable for Blue Cross Blue Shield to expand into an area east of its present location. He noted that area would be rezoned to R-1 and Blue Cross Blue Shield would modify its Special Use Permit to expand its boundaries. Council Member Pavăo then read key points of the Committee’s report and outlined its proposed action plan.
Council Member McClintock asked Council Member Pavăo if his committee had studied the traffic impact of Blue Cross Blue Shield’s expansion on 15/501. Council Member Pavăo replied that expanding to the full 750,000 square-foot addition would add about 8,600 daily trips. Council Member McClintock asked if the Committee thought that was manageable. Council Member Pavăo replied that the Committee was asked to find out what the impact of keeping an expanded Blue Cross Blue Shield would be. Council Member McClintock asked if the Committee had concluded that an expanded Blue Cross Blue Shield in the area would be better than anything else that might move in. Council Member Pavăo replied that they had.
Council Member Evans asked Planning Director Roger Waldon why the Planning Department recommended rezoning to R-1 rather than an office and institutional zoning. Mr. Waldon explained that an office and institutional zoning would carry with it a higher allowable intensity floor area, which might be developed. He added that the amount of floor area that could be used would be small if this land was proposed for retailing under R-1
Council Member Evans stated that she would like to see a table showing differences. She added that rezoning to R-1 is the only option they have. Mr. Karpinos pointed out that there is an option to leave the zoning the way it is.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER REZONING PROPERTY (98-9-28/R-13)
WHEREAS, the Council has considered the pattern of existing zoning designations in the vicinity of the intersection of Interstate 40 and U.S. Highway 15-501; and
WHEREAS, the Council believes that conditions in this area may have changed in a manner that warrants rezoning of these properties;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for November 16, 1998, to consider rezoning properties shown on the attached Map 2 from MU-R-1 to R-1, such hearing to be held at 7:00 pm at Chapel Hill Town Hall.
This the 28th day of September, 1998.
4b. Classification and Pay Plan
Council Member Foy asked about the interplay between this recommendation and the work that the pay plan consultant was doing. Mr. Horton explained that there was no connection. He said that in this recommendation the staff had tried to address a particular kind of problem that could come up in any year.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, ADOPTION OF O-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN dated October 1, 1998 (98-9-28/O-1)
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 Plans for Employees of the Town of Chapel Hill and Bonds of
Officials" October 1, 1998 (98-6-8/O-7) as follows:
In Section IV, part C, in the Planning Department
DELETE the lines
Full-time Part-time Grade No.
# hrs. # hrs.
Planner (Levels I – II) 6 37.5 1 20 24-26
Senior Planner 2
37.5 - -
28
and ADD the lines
Senior Planner/ Planner (Levels I – II) 8 37.5 1 20 24-28
Section II:
This ordinance is effective upon adoption.
This the 28th day of September, 1998.
4c. Midway Business Center
Council Member McClintock asked whether the applicant might be asked to voluntarily take this to the Community Design Commission for suggestions on design. Mr. Horton replied that the applicant could be asked to volunteer to do that.
COUNCIL MEMBER McCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-2. THE MOTION WAS APPROVED UNANIMOUSLY (9-0).
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE SITE DEVELOPMENT APPLICATION FOR THE MIDWAY BUSINESS CENTER
(98-9-28/R-2)
WHEREAS, the Town Council has received a petition from EmPOWERment, Inc. for expedited processing of its application for site development for the Midway Business Center; and
WHEREAS, this is a public project involving funding from the Town’s federal Community Development Block Grant, the North Carolina Community Development Initiative, and potentially the USDA/Rural Development Program; and
WHEREAS, this project would directly support the Town’s goals for community and economic development;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of EmPOWERment, Inc.’s site development application for the Midway Business Center, in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 28th day of September, 1998.
4g. Northern Community Park Change Order
Council Member McClintock voiced her concern about this project costing more than expected. She wondered whether the Manager felt that the contractors had done what was expected of them on this large project. Mr. Horton indicated that he was satisfied with the contractors’ work and pointed out that staff is working within a budget that the Council set. Mr. Horton noted that there always are things one discovers during the course of the work, but pointed out that the project is ending without lawsuits. He added that these orders put into effect changes that the Council had authorized.
COUNCIL MEMBER McCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-7a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ACCEPTING A CHANGE ORDER TOTALING $70,382 FOR THE NORTHERN
COMMUNITY PARK PROJECT (98-9-28/R-7a)
WHEREAS, the Council has authorized the construction of a restroom/concession building; and
WHEREAS, various site improvements are necessary to complete the Northern Community Park; and
WHEREAS, certain features originally intended for the Northern Community Park are no longer required; and
WHEREAS, a change order is pending that would allow completion of needed park elements and would give a credit to the Town for items no longer required;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts a $70,382 change order for the Clancy and Theys Construction Company, Inc.
This the 28th day of September, 1998.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK, TO ADOPT R-7b. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION INCREASING THE MANAGER’S AUTHORIZATION LIMIT FOR APPROVING
CHANGE ORDERS FOR THE NORTHERN COMMUNITY PARK PROJECT (98-9-28/R-7b)
WHEREAS, additional change orders due to poor soils, excessive rock, and unexpected conditions are likely during the remaining construction of the Northern Community Park; and
WHEREAS, speedy processing of change orders is essential to maintain the project schedule, contain costs, and minimize conflicts between the contractors and the Town; and
WHEREAS, the Manager’s
current authorization limit for approval of change orders of $50,000 may result
in delays that could hamper progress on the project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to approve up to $100,000 in additional change orders for the Northern Community Park without Council approval.
This the 28th day of September, 1998.
Council Member Brown requested that in the future items needing only a quick response from the Manager be discussed before the meeting so that staff people do not have to stay to the end. Mayor Waldorf agreed.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVAO, THAT THE COUNCIL GO INTO CLOSED SESSION, AS AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE SECTION 143-318.11 (a) (6), TO CONTINUE ITS DISCUSSION REGARDING THE PERFORMANCE OF THE MANAGER AND ATTORNEY. THE MOTION WAS APPROVED UNANIMOUSLY (9-0).
The meeting was adjourned at 10:37 p.m.