SUMMARY MINUTES OF A REGULAR BUSINESS MEETING OF THE

CHAPEL HILL TOWN COUNCIL, MONDAY, OCTOBER 26, 1998

 

Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.

 

Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo, and Edith Wiggins. Also in attendance were Acting Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, Engineering Director George Small, Transportation Director Bob Godding, Parks and Recreation Director Kathryn Spatz (in costume), Fire Chief Dan Jones, Housing Department Glen Davis, Police Department Karen Rose, Planning Department Loryn Barnes, Parks and Recreation Department Lisa Baaske (in costume), Legal Department Toni Pendergraph, and Clerk’s office Diana Harris.

 

Item 1 – Proclamation for National Disability Employment Awareness Month

 

Mayor Waldorf read a proclamation that the month of October is National Disability Employment Awareness Month and presented it to Tim Miles, member of the Orange County Disability Awareness Committee.  Mr. Miles thanked the Mayor and the Town Council, the town of Chapel Hill, and Orange County, for the support. He also thanked Joyce Smith, the ADA coordinator of the Committee for the Town of Chapel. He invited everyone to volunteer on the Committee. Marty Revellette, member of the Committee, had been recognized by the national media for his heroism in saving the life of a woman in a burning car.

 

Kathryn Spatz, Parks and Recreation Director (in costume), invited the Mayor and the Council to a Parks and Recreation Halloween party. Lisa Baaske, Recreation Superintendent (in costume), passed out pumpkins (made by children at Parks and Recreation) and candy to the Mayor, Council Members and staff. They were received with great enthusiasm.

 

Item 2 – Public Forum on Supplemental Public Access Fees for Cable Television

 

Ruffin Hall, Assistant to the Manger, reported on the Manager’s recommendation of an increase of one cent per month in access fees.

 

Bob Joesting, Co-Chair of the Public Access Advisory Committee, reported that the Committee would be meeting on October 29th at a public forum. He said that a telephone poll of the Council found that a majority of the Council favored the increase.

 

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER COMMENTS AND QUESTIONS TO THE MANAGER WITH A FOLLOW-UP REPORT TO THE COUNCIL ON NOVEMBER 23RD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 3 – Petitions

 

G. Paul Carr

Mr. G. Paul Carr petitioned the Council for expedition of the process for demolition of his burned-out property. Mayor Waldorf requested that Mr. Carr put his petition in writing.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 3b

 

Mayor pro tem Capowski

Mayor pro tem Capowski asked the Council to direct the staff to investigate a town purchase of the privately owned properties on the south side of Highway 54 between Barbee Chapel Road and Finley Golf Course Road, for the purpose of it becoming a permanent greenspace.

 

John Randall spoke in favor of the petition, saying that he supported meadow preservation instead of Meadowmont.

 

Dorothy Verker, resident of a neighborhood along Highway 54, spoke in favor of the purchase of the land, in order to preserve some space along the highway.

 

Mayor pro tem Capowski said that he would like the staff to investigate all aspects of the purchase—legal aspects, price, and the like.

 

Council Member Evans said that the land is not for sale, and would have to be condemned for the Town to purchase it, that the meadows would be preserved on the land, and she felt that it was a needless use of the Town staff’s time.

 

Mayor pro tem Capowski said that the proposed use of the land would be three times the size of the Lowe’s building and be 1.7 times the size of the Lowe’s parking lot, and he did not think it was saving much greenspace.

 

Council Member McClintock said that she would second Mayor pro tem Capowski’s motion, and that she didn’t think it would take up much staff time.

 

Mayor Waldorf said that she felt that the purchase of the Merritt pasture was a good thing for the Town. However, she thought that the petition would be a procedural mistake. Mayor Waldorf noted that the property was under review as a part of a quasi-judicial process, and that for persons who are supposed to hear evidence and decide on the outcome of that process to support the petition process is prejudicial. She said that she would vote against the petition.

 

Council Member Foy said that the petition was not tied to the Special Use Permit (SUP) under consideration and that they are not connected.

 

Council Member Pavăo said that there had already been one public hearing on the SUP and the development process has begun. He supported the Mayor and said that he would not support the petition.

 

Council Member Bateman said that she felt the petition was a valid question.

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO REFER MAYOR PRO TEM CAPOWSKI’S PETITION TO THE MANAGER. THE MOTION WAS ADOPTED 5-4 WITH COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY AND MCCLINTOCK VOTING AYE, AND MAYOR WALDORF, AND COUNCIL MEMBERS EVANS, PAVĂO, AND WIGGINS VOTING NAY.

 

Mayor pro tem Capowski requested that the staff have the report to the Council before its Christmas break.

 

Item 3c

 

Council Member McClintock

Council Member McClintock petitioned the staff to request information from the North Carolina Division of Water Quality on a preliminary assessment of the water quality for quadrant 4 for Jordan Lake based on the Cape Fear River Basinwide study, and to request the DEQ for a written report on future projections for water quality.

 

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY TO REFER COUNCIL MEMBER MCCLINTOCK’S PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member McClintock

Council Member McClintock petitioned to refer the letter from Mr. Danziger, in reference to cellular telecommunications in the watershed, to the staff for a report.

 

Mayor Warldorf commented that Mr. Danziger had raised a good point about the general issue of what kinds of permits can be issued in the Joint Planning area unilaterally. She would like the staff to also determine what can be approved by the County staff administratively in the Joint Planning area.

 

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER COUNCIL MEMBER MCCLINTOCK’S PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member McClintock

Council Member McClintock petitioned the staff to bring to the Council the schedule/plan for the Comprehensive Plan review, and to suggest that the study group elect a chairperson. She would like to see the study group encouraged to develop their recommendations.

 

Mr. Waldon said that the Planning Department had worked with the same model that had been used before in other studies of Town areas.

 

Council Member Evans said that she had been to the study group’s meeting and that they do feel empowered and that they are comfortable with their leadership.

 

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER COUNCIL MEMBER MCCLINTOCK’S PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item – 4 Consent Agenda

 

Mayor Waldorf requested removal of 4g, to become Item 10c.

 

Discussion of Item 13

Council Member Brown requested that Jane Sharp be allowed to present her statement at this point in the meeting instead of waiting until Item 13 came up for discussion. This met with the Council’s approval.  Ms. Sharp’s remarks will be considered when Item 13 is discussed.

 

At this point in the meeting Jane Sharp, Chair of the Energy Task Force, said that the Task Force had appointed Bill Warren of Energy Services, to serve on the Architect Selection Committee for the Energy Task Force. The Task Force also recommended that the entire Architect Selection Committee participates in the initial screening of proposals and the selection of three or four of the finalists. The Task Force also recommended changing the language of Item 4, page 3 of the selection criteria developed for the project to read: “Demonstrated knowledge and experience with renewable energy technology and the design of energy conservation systems as required in Town Ordinance.”  Ms. Sharp said that the Task Force hopes that it will be represented on the Design Commission by receiving an open invitation to any of its meetings.

 

Discussion of Item 9

Council Member Foy commented on the removal of Item 9 from the agenda. Mayor Waldorf said that the applicant wanted the removal of Item 9 in order to look at the proposal again.

 

Council Member Foy proposed hiring an independent professional to make a further analysis and the Council thought that this was a good suggestion.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THIS ISSUE TO THE STAFF, TO HAVE KEN REDFOOT PUT HIS TRAFFIC ANALYSIS IN WRITING, AND FOR THE STAFF TO REPORT BACK TO THE COUNCIL WITH ANALYSIS. COUNCIL MEMBER BATEMAN AMENDED THE MOTION TO ADD THAT THE COUNCIL WANTED THIS INFORMATION AS SOON AS POSSIBLE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Foy added that after this report, the Council could than decide whether to get a third independent analysis.

 

Continuation of Item 4

Council Member Bateman requested removal of 4a for discussion.

 

Mayor Waldorf requested removal of 4b for discussion.

 

Mayor pro tem Capowski requested removal of 4j for discussion.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1 WITH THE REMOVAL OF A, B, G, AND J FOR FURTHER DISCUSSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(98-10-26/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.

Response to request from Chapel Hill-Carrboro YMCA regarding additional funding for after school program.  (R-2).

b.

Response to request for expedited review of Special Use Permit Modification Application by Village Charter School.  (R-3a).

c.

Response to request for drainage improvements at 509 Colony Woods Drive.  (O-1)  (R-4).

d.

Ordinance making revisions to panhandling ordinance.  (O-2a and b).

e.

Ordinance and resolution to allow wine to be served at Chapel Hill Museum functions, subject to certain conditions.  (O-3)  (R-5).

f.

Resolution authorizing the purchase of “Portraits of Northside” for Town Hall and Chapel Hill Public Library.  (R-6) (O-4). (Mayor Waldorf)

g.

Resolution naming the members of the Land Trust Implementation Task Force as the Steering Committee members.  (R-7).

h.

Resolution accepting and awarding bid for construction of Brookview Drive Bridge over Cedar Fork Creek.  (R-8).

i.

Deleted.

j.

Resolution authorizing Manager to publish a notice of the intent to amend lease of parking spaces to FGI.  (R-10).

k.

Resolution authorizing Manager to execute easement agreement with BellSouth through a portion of Northern Community Park.  (R-11).

l.

Resolution authorizing change order for Bolin Creek Trail, Phase II. (R-12).

 

This the 26th day of October, 1998.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (98-10-26/O-1)

 

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

 

GENERAL FUND

            Engineering                 $768,731                $12,000                                       $780,731

           

 

ARTICLE II

 

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

 

GENERAL FUND

            Fund Balance           $1,959,841                $12,000                                    $1,971,841

           

           

This the 26th day of October, 1998.

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PROCEED WITH LIMITED DRAINAGE IMPROVEMENTS AND ASSOCIATED WORK AT 509 COLONY WOODS DRIVE  (98-10-26/R-4)

 

WHEREAS, the Council has received a petition regarding flooding problems at 509 Colony Woods Drive; and

 

WHEREAS, the petition notes that flooding periodically occurs beneath the living area of the residence at 509 Colony Woods Drive; and

 

WHEREAS, the Town has investigated and determined that certain drainage system improvements and modifications of the house at 509 Colony Woods Drive could mitigate said flooding problems;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to proceed with limited drainage improvements and associated work at 509 Colony Woods Drive at a cost not to exceed $12,000 from the Town’s General Fund balance, and subject to the execution of an appropriate release and agreement between the Town and the owner of 509 Colony Woods Drive as approved by the Town Attorney.

 

This the 26th day of October, 1998.

 

 

AN ORDINANCE REVISING SECTION 11-170 CONCERNING AGGRESSIVE PANHANDLING (98-10-26/O-2a)

 

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

 

Section 1.  Sec. 11-170 of the Town Code is hereby amended as follows:

 

“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 a bus stop sign, bus stop shelter, or bus stop bench.

 

(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 seven (7) days.

 

            Section 2.  This ordinance shall be effective upon adoption.

 

This the 26th day of October, 1998.

 

 

 

AN ORDINANCE REVISING SECTION 17-17 ON THE USE OF TOWN BENCHES, SEATS, AND TABLES  (98-10-26/O-2b)

 

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

 

Section 1.  Sec. 17-17 of the Town Code is hereby amended 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 seven (7) days.

 

Section 2.  This Ordinance shall be effective upon adoption.

 

This the 26th day of October, 1998.

 

 

AN ORDINANCE REVISING SECTION 3-2 OF THE TOWN CODE TO ALLOW CONSUMPTION OF MALT BEVERAGES AND UNFORTIFIED WINE ON TOWN-OWNED PROPERTY UNDER LEASE TO PRIVATE PARTIES (98-10-26/O-3)

 

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

 

            Section 1.  Sec. 3-2 of the Town Code is hereby revised by adding a second paragraph to read as follows:

 

            “This section shall not apply to buildings owned by the town, which are under lease for terms at least one year, to the extent provided for under the terms of the town’s lease.”

 

            Section 2.  This ordinance shall be effective upon adoption.

 

This the 26th day of October, 1998.

 

 

A RESOLUTION AUTHORIZING AN ADDENDUM TO THE LEASE TO THE CHAPEL HILL MUSEUM TO PERMIT THE SERVICE OF ALCOHOLIC BEVERAGES AT “BY INVITATION ONLY” EVENTS (98-10-26/R-5)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is hereby authorized to negotiate and execute, on behalf of the Town, an amendment to the Lease Agreement between the Town and the Chapel Hill Museum for the property at 523 East Franklin Street to permit the Chapel Hill Museum to serve alcoholic beverages at events which are open by invitation only.

 

This the 26th day of October, 1998.

 

 

A RESOLUTION AUTHORIZING THE PURCHASE OF THE HISTORICAL AND CONTEMPORARY IMAGES ENTITLED “PORTRAITS OF NORTHSIDE”

(98-10-26/R-6)

 

WHEREAS, the “Portraits of Northside” provide an important reminder of the history and sense of community of the Northside neighborhood, and;

 

WHEREAS, many citizens recently appreciated the exhibit in Town Hall of the “Portraits of Northside”, and;

 

WHEREAS, these images should be preserved for the enjoyment of citizens in the years to come;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the purchase of one set of historical and contemporary images of the “Portraits at Northside” for display in Town Hall and the Chapel Hill Public Library.

 

This the 26th day of October, 1998.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (98-10-26/O-4)

 

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

 

GENERAL FUND

            Non-departmental

                 Contingency               46,890                                             2,000                  44,890

 

            Mayor/Council              170,773                    2,000                                         172,773

           

 

This the 26th day of October, 1998.

 

 

A RESOLUTION ACCEPTING AND AWARDING THE BASE BID AND ALTERNATE ONE BID FOR THE CONSTRUCTION OF BROOKVIEW DRIVE BRIDGE OVER CEDAR FORK CREEK (98-10-26/R-8)

 

WHEREAS, the Town of Chapel Hill solicited formal bids by advertisement in The Chapel Hill News, on September 6 and 13, 1998, News and Observer on September 13 and 20, 1998, and The Challenger Newspaper, on September 10, 1998 in accordance with North Carolina General Statute 143-128 for the construction work; and

 

WHEREAS, the following bids were received and opened October 6, 1998:

 

VENDOR

BASE BID

ALTERNATE ONE

 

Tri-State Consultants, Inc.

Greensboro, North Carolina

 

 

$198,800

 

 

$18,800

 

White Oak Construction Corporation

New Hill, North Carolina

 

 

$219,495

 

 

(No Bid)

 

S.T. Wooten Corporation

Wilson, North Carolina

 

 

$239,747.50

 

 

$18,500

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the Base Bid ($198,800) and Alternate One Bid ($18,800) and awards a contract to Tri-State Consultants, Inc. in the amount of $217,600 for the construction of Brookview Drive Bridge over Cedar Fork Creek and the replacement of a segment of 16” sanitary sewer line.

 

This the 26th day of October, 1998.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH BELLSOUTH THAT WOULD ALLOW EXTENSION OF TELEPHONE SERVICE INTO THE WESTERN HALF OF THE NORTHERN COMMUNITY PARK AND PROVIDE SERVICE TO A SPRINTCOM CELLULAR TELEPHONE TRANSMITTER (98-10-26/R-11)

 

WHEREAS, telephone service will be required at the park’s skateboard and batting cage facilities upon completion of the Northern Community Park; and

 

WHEREAS, additional telephone service may be required if a proposed community center/aquatics facility is constructed; and

 

WHEREAS, the Council has granted a site lease to SprintCom to operate a cellular antenna; and

 

WHEREAS, telephone service is necessary to make the cellular antenna operational;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute an agreement with BellSouth to grant a telephone utility and access easement from Homestead Road, through the Northern Community Park site, to the SprintCom cellular telephone antenna.

 

This the 26th day of October, 1998.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO APPROVE A $22,907.39 CHANGE ORDER AND USE UP TO $12,000 IN EXISTING GREENWAYS CAPITAL IMPROVEMENT PROGRAM FUNDS FOR THE BOLIN CREEK TRAIL, PHASE II PROJECT (98-10-26/R-12)

 

WHEREAS, Tri-State Consultants Inc. has submitted a final change order request to account for excess and unused materials under the terms of the construction contract; and

 

WHEREAS, Town staff have verified that the quantities submitted by the contractor are accurate and that the contractor is entitled to receive payment; and

 

WHEREAS, the Federal Emergency Management Administration requires the submittal of a Letter of Map Revision within six months of the completion of the Bolin Creek Trail project; and

 

WHEREAS, preparation of the Letter of Map Revision may require an increase to the project budget of up to $12,000; and

 

WHEREAS, funds are currently available in the existing Greenways Capital Improvements Program;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to approve a $22,907.39 change order to the Town’s contract with Tri-State Consultants, Inc. for completion of the Bolin Creek Trail, Phase II project.

 

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to use up to $12,000 in existing Greenways Capital Improvements Program funds to complete the Bolin Creek Trail, Phase 2 project.

 

This the 26th day of October, 1998.

 

 

Discussion of 4b

Mr. Waldon said that the staff was recommending Resolution 3a, because it was not date specific. He felt that inasmuch as the application has not yet been submitted there was no way that the Planning Board would have recommendations ready for a November public hearing. He felt that the application was not complex and that there should not be a problem, but did not want to commit to a date in case something unforeseen should arise.

 

Nancy Adams, Principal of the Village Charter School, thanked the Council and said that the application was nearly completed. She said that a date-specific permit would be advantageous in order to do the moving during the Christmas recess.

 

Mayor Waldorf said that she would like to have Resolution 3b moved with the dates in the last section removed.

 

Mayor pro tem Capowski asked how many automobiles would be parking at the property. Ms. Adams said not more than seven.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO TO ADOPT RESOLUTION 3b WITH THE AMENDMENT PROPOSED BY MAYOR WALDORF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING DATE-SPECIFIC EXPEDITED PROCESSING IN THE REVIEW OF THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE CAROL WOODS RETIREMENT COMMUNITY (98-10-26/R-3b)

 

WHEREAS, the Town Council has received a petition from the Village Charter School for expedited processing of its application for a Special Use Permit Modification for the Carol Woods Retirement Community; and

 

WHEREAS, the Village Charter School is interested in expanding its facilities to include an existing building that is encumbered by the Special Use Permit for the Carol Woods Retirement Community, and would involve a change in permitted land uses on the site; and

 

WHEREAS, the Village Charter School is an independent public school funded by state and local school district taxes;

 

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 Special Use Permit Modification application for the Carol Woods Retirement Community, in a manner that will speed review without sacrificing breadth or depth of analysis.

 

BE IT FURTHER RESOLVED by the Council that, because the application proposes no new site development, the application shall not be considered a major development proposal and shall, therefore, not be required to submit a Conceptual Development Plan as described in Article 15 of the Chapel Hill Development Ordinance.

 

This the 26th day of October, 1998.

 

Ms. Adams also asked that the Council waive the application fee of $1,350—a large amount for a small school.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE WAIVER OF THE APPLICATION FEE TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 5 – Information Reports

 

Mayor Waldorf and Council Member McClintock requested 5e removed.

 

Council Member Foy requested 5c removed.

 

Item 6 – Nominations and Appointments

 

There were no nominations.

 

The Council decided to wait on the appointment to the Community Design Commission.

 

Item 7 – Report on Standardizing Maps and Arranging for Independent Traffic Analysis for Development Applications

 

Mr. Waldon reported that the staff was suggesting two steps: (1) a standardized map, to be ready for the applicants in January; and (2) hiring a traffic consultant to do an independent traffic analysis.

 

Council Member McClintock felt that the analysis should begin right away and that she would bring it up as an agenda item for the next meeting. She would like to ask the staff to adopt a policy to automatically require an independent traffic analysis for every development application.

 

Council Member Pavăo said that this would have budget implications, and that the Council would have to know how much it would cost.

 

Council Member McClintock said that she thought a simple analysis would run around $15,000.

 

Mayor pro tem Capowski said that the Council had never had a traffic analysis come before them that was readable and understandable. He noted that the Council needs to know in advance of a public hearing what the traffic impact will be in a development under consideration.

 

Council Member Brown pointed out that this would be discussed in Agenda item 12. She noted that there had been a request for a traffic consultant, and that was supposed to be implemented in the fall.

 

Mr. Waldon said that it was hoped that the Council would appoint a committee of its members to work with the staff in selecting a consultant. He said that the Planning Board is ready to review the applicants, and hopes to have Council Members joining in that selection.

 

Item 8 – Consideration of Proposed Conflict of Interest Ordinance

 

Council Member McClintock presented a proposal for a conflict-of-interest ordinance, which she highlighted for the Council. She pointed out that the State forbids members to recluse themselves from decisions, except for certain financial matters, and if the Council wanted to regulate itself it would need special legislation from the State General Assembly in order to change the Council’s charter, which already has rules for financial disclosure. Council Member McClintock noted that the proposal included a model conflict-of-interest ordinance from the book Conflicts of Interest by Dave W. Owens. She felt that the Council needed to set a more clear definition of conflict-of-interest. Council Member McClintock stated that there are two types of land decisions made by the Council—legislative and quasi-judicial, which would be for special use. She gave examples of each.

 

Diane Robinson, citizen, addressed the Council about her concerns that the Council members sometimes exhibit a conflict-of-interest in certain matters, specifically in the Meadowmont decision. She felt that they should listen to all sides and make their decisions based on the evidence before them; they should not have pre-conceived opinions.

 

Ken Robinson, citizen, discussed the definitions of “contiguous” and questioned the choice of definition used by the Council. He read the definition of “conflict-of-interest” from the Webster’s New Collegiate Dictionary, and the definition of “democracy.” Mr. Robinson also discussedeHH “The Good Old Boy” attitude exhibited on the Council.

 

Aaron Robinson spoke on behalf of the University, asking that the Council take into consideration the expertise of the faculty at the University when defining “conflict-of-interest.”

 

Council Member McClintock said that she would like to see the process begin. She said that the Council could give the staff their opinions of what values the ordinance should cover, and felt that Mr. Owen’s model was a helpful first step. Council Member McClintock noted that the Council could try to come to a majority opinion on the questions that needed to be answered and leave it to the Town Attorney to flesh out an ordinance to bring back to the Council for discussion, after which the proposal would go to a public hearing. She felt that there should be one set of standards to apply to all boards in legislative and quasi-judiciary matters, pointing out the differences between them.

 

Council Member Foy thanked Council Member McClintock for a lot of work and felt that it was not a radical proposal.

 

Council Member Bateman said that she would be opposed to disqualifying on the basis of “personal bias.”

 

Mayor Waldorf felt that what was needed was simply a pledge, which applicants to boards would be requested to sign, saying that they would abide by the rules of the Council.

 

Council Member McClintock said that what the Town has now for conflict-of-interest is not adequate. She noted that what she is trying to avoid is the appearance of conflict-of-interest. Council Member McClintock said that the Council is held to a higher standard than any other of the boards, and what she would like to see is one standard for all.

 

Council Member Foy felt that the Council needed to consider the pros and cons of requiring financial disclosure, taking into consideration privacy issues, as that might discourage people from volunteering to serve on the boards.

 

Council Member Pavăo said that he was concerned with getting too stringent with requirements for the advisory boards. He noted that the Council needed the advisory boards. Council Member Pavăo liked Mayor Waldorf’s suggestion of a pledge. He said that if the Council wanted to change their requirements that was all right, but he could not support making the rules as stringent for advisory boards as for the Council.

 

Council Member Bateman suggested modifying the application to add a pledge for the applicant to sign. She also suggested comments from the boards that do not have conflict-of-interest provisions.

 

Council Member Evans said that she had also talked with Dave Owens and that he advises many communities where various boards do the decision making on approvals, whereas in Chapel Hill the decisions are all made by the Council. She pointed out that citizens serve honorably and that the public trust is being served. Council Member Evans had talked to Joe Hertzenberg, a former Council Member, who had campaigned on the matter of conflict-of-interest and that he felt that
to go beyond the Council with requirements for conflicts-of-interest would not serve the public interest and could discourage people from serving. She felt that it should not be a requirement for advisory boards.

 

Mayor pro tem Capowski suggested that the staff get different pledges from various towns and choose a few for review. He also noted that the staff could draft a few options for the Council to consider.

 

Council Member Foy suggested that the requirements for conflict-of-interest could be called “ethical guidelines.”

 

Council Member Wiggins liked the idea of “ethical guidelines” and suggested that they could be reinforced during orientation. She would like them applied to all the boards and the Council, not have separate standards.

 

Mayor Waldorf suggested that all persons appointed to advisory boards should be made aware of the Council’s rules and that the staff be requested to come back to the Council with information concerning conflicts-of-interest from other local governments. She said that, after the Council had received these recommendations, the matter, applying to all boards, would be taken to public hearing.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS , TO REFER THE MATTER OF CONFLICT-OF-INTEREST TO THE MANAGER TO GET INFORMATION FROM OTHER LOCAL GOVERNMENTS AND TO COME BACK TO THE COUNCIL WITH RECOMMENDATIONS WHICH WOULD APPLY TO ALL BOARDS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0). 

 

Item 10 – Reports from Advisory Boards on Development Issues

 

10a—Planning Board

Madeline Jefferson, a member of the Planning Board, reported from the September 15, 1998 Planning Board meeting with the residents of the Northside Conservation Area to discuss the concerns and goals for the future of their neighborhood. She noted that these concerns were discussed in their Report, outlining the short-term issues, those which the residents wanted attended to right away, and the long-term issues, which would be discussed during the next year.

 

Council Member Evans said that one of the concerns, the clean up of trash, had been taken care of on the day following the meeting, and that the residents felt that the Planning Board and the Town had heard their complaints.

 

Council Member Brown asked if the Planning Board had discussed the revolving loan fund.

 

Ms. Jefferson said that issue had not been discussed in depth.

 

Mayor pro tem Capowski said that he was confused about the future steps to be taken and what the recommendations from the Planning Board were for some of the substantial legislative issues. He wondered whether the Planning Board recommendations will have specific steps for the Council to take.  Ms. Jefferson called attention to the final paragraph in the Recommendations which said that they would be referred to the Manager for review of issues which could be addressed administratively, issues that require specific policy consideration for the Northside, and issues that are Town-wide.

 

10b—Historic District Commission

Katherine Frank, representing the Historic District Commission, reported on a public hearing on September 10, 1998 with the citizens of the Cameron-McCauley area to hear their concerns and goals for their neighborhood.  She noted that these concerns were addressed in their Report, outlining concerns for immediate action, short-term implementation items, and long-term goals.

 

Council Member Bateman asked Ms. Frank to comment on the long-term goal to implement a land trust. Ms. Frank said that the language had come from one of the earlier reports from the Town Manager and was like a revolving fund with the idea of making money available for single-family housing in the neighborhood.

 

Council Member Bateman asked Mr. Karpinos what would be the consequence for non-compliance with the three issues that needed to be enforced. Attorney Karpinos said that the first step for the front-yard parking would be notice for compliance and if there was no compliance, a penalty would be assessed. He said that Noise had to be stopped immediately.

 

Council Member Brown read a statement from Baird Grimson, President of the Westside Neighborhood Association, commending the Historic District Commission for the excellent job, and endorsing the Commission’s recommendations.

 

Council Member Foy asked Ms. Frank what was meant by legislative increase, in their mandate. Ms. Frank said that because the zoning areas overlap, the Commission wants to have the ability to legally consider how a property fits into the entire neighborhood, and this is a daily issue.

 

Council Member Foy asked about the 365-day waiting period before demolition. Ms. Frank said that was to enable the Commission to find other solutions rather than demolition of the properties.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER BOTH REPORTS TO THE MANAGER WITH THE STIPULATION THAT THE STAFF COMMENTS COME BACK TO THE COUNCIL NO LATER THAN ITS DECEMBER MEETING. COUNCIL MEMBER EVANS ADDED A FRIENDLY AMENDMENT TO ASK THE STAFF TO REFER THE REPORTS TO THE COMPREHENSIVE PLAN TASK FORCE FOR BACKGROUND MATERIAL. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

 

10c—Land Trust Implementation Task Force (discussion of item 4g)

Alison Weiner, Chair of the Chapel Hill Land Trust Implementation Task Force, discussed the final Report. She said that the Committee had been working together since November 1997 and she acknowledged the members of the committee. Ms. Weiner distributed a hand-out of a revised Resolution. She briefly outlined what the Report contained and its recommendations.

 

Council Member Evans said that she thought the Report was great. She wished to amend the language of the revised resolution to read “should be considered to be included.”

 

 

Council Member McClintock asked Ms. Weiner to explain how a Land Trust works. Ms. Weiner said that a Land Trust is a non-profit organization which consists of members of the community and residents of the Land Trust. She said that it holds the land in trust and leases the land on which to build houses. Ms. Weiner also said that homeowners will own the house and lease the land (but not own it). She noted that the homes can be passed on to the owner’s heirs. Ms. Weiner explained that the Land Trust regulates how the home can be sold and limits its appreciation so that the property will remain affordable. She noted that the resale price is determined by a resale formulas; this eliminates speculation.  Ms. Weiner said that two successful Land Trust communities are Durham Community Land Trust, and Community of Vermont in Burlington, Vermont, which is very similar to the one in Chapel Hill. She noted that the residents of the Land Trust are its heart; they get involved and take care of their neighborhood.

 

Council Member Bateman thanked the Task Force and said that the most important task remaining will be marketing the project.

 

Council Member Brown said that she had thought that it was required that some of the residents of the Land Trust would be represented on the Board.  Ms.Weiner said that the representation would be one-third residents of the Land Trust, one-third residents of the surrounding community, and one-third residents of the larger community. She noted that every resident is a member of the Land Trust, but not required to be on the Board, although they are strongly urged to do so.

 

COUNCIL MEMBER WIGGINS MOVED RESOLUTION 7 AS AMENDED.

 

Mayor pro tem Capowski asked what the financial aspects were that would be expected from the Town. He also asked if the Land Trust expects start-up funds from the Town.  Ms. Weiner said not at the present time. She did not know what the price tag would be, but presently they are working with a staff already in place from the Orange Community Housing Corporation.

 

Council Member Bateman said that the Task Force had talked with the managers of both communities and they said that staff from all three governances could provide services and that there might be funds available in the future from the home-grant money.

 

Mayor pro tem Capowski asked who would be left with the financial liability if the project failed. He also asked if the Town would be left with the liability. Ms. Weiner did not know what the future costs would be.

 

Council Member Wiggins said that affordable housing was a priority.

 

Council Member Foy said that they were hoping for a long-term commitment and could ask the Orange Community Housing Corporation to keep track of the costs. Ms. Weiner said that she hoped that they would not have to wait until the end of the project to know what it costs.

 

Council Member McClintock said that she was enthusiastic about the project and said that the model would have to be evaluated to see if it was working.

 

Council Member Brown said that the Council had repeatedly requested that the Scarlet Drive property be developed as a Land Trust. She noted that this had been one of the primary requests and she would like it to go forward.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 7 AS AMENDED, WITH AN ADDITIONAL AMENDMENT BY COUNCIL MEMBER FOY THAT THE FINANCIAL IMPACT ON THE ORANGE COMMUNITY HOUSING CORPORATION WILL BE PRESENTED TO THE GOVERNING BODIES DURING THE PROCESS OF IMPLEMENTING THE SCARLET DRIVE PROJECT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING THE RECOMMENDATIONS OF THE LAND TRUST IMPLEMENTATION TASK FORCE (988-10-26/R-7)

 

WHEREAS, on December 4, 1996, the Town Council established the Land Trust Implementation Task Force to design a general mechanism to create a land trust for purposes of establishing long-term affordable housing; and

 

WHEREAS, the Task Force has submitted a final report to the Council, recommending creation of a County-wide Land Trust (CLT);

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives this final report and thanks the Task Force for its work.

 

BE IT FURTHER RESOLVED that the Council adopts the following recommendations:

 

·        The CLT will be established to serve all of Orange County.

·        The CLT will be a non-profit 501 (c)3 membership organization that will have a volunteer Board of Directors.  It will not have staff initially but will contract with the Orange Community Housing Corporation to implement its tasks.

·        The initial Board of Directors for the CLT shall include potential homeowners, community members, and a representative from each of the governments within the County.

·        The initial tasks of the land trust will be implemented as follows:

§         Policy:  Board of Directors

§         Administration:  OCHC

§         Pre-development and development of land and housing:  non-profit housing developers

§         Education and outreach: Board of Directors and OCHC

·        The first CLT project will be Scarlett Drive in Chapel Hill.

·        The financial impact on the Orange Community Housing Corporation will be presented to the governing bodies during the process of implementing the Scarlett Drive project.

·        The Board will work closely with the staff of all participating governments and the emerging County housing coalition to develop future land trust projects.

·        Upon acceptance of the Task Force recommendations, the participating governments shall make staff, facilities, and resources available, as they are able, at the request of the CLT Steering Committee.

·        The CLT should be considered to be included in the revised Chapel Hill Comprehensive Plan and Shaping Orange County’s Future proposal.

 

BE IT FURTHER RESOLVED that the following individuals are requested to serve as a Land Trust Steering Committee that will identify a Board of Directors for the land trust organization, develop expertise on the CLT model and for organizing the CLT, developing the Bylaws, Articles of Incorporation, Lease and Resale Formula and educating the private and public sectors:

 

Council Member Flicka Bateman

The Honorable Michael Nelson

Alison Weiner

Curt Coomes

Robert Dowling

Josh Gurlitz

Madeline Jefferson

Sharon Knuth

Susan Levy

Shirley Marshall

Jim Pike

Myles Presler

 

This the 26th day of October, 1998.

 

 

Item 11 – Report from Human Services Advisory Board on Funding Issues

 

Michael Owen reported on the recommendations from the Human Services Advisory Board. He said that they included the inclusion of JOCCA, the Chapel Hill Senior Center and the RSVP in the Advisory Board’s application process, and an additional increase of 7% in the Council’s total funding level for human services for the fiscal year 1999-2000.

 

Gloria Williams, representing JOCCA, said that she was unaware of this report, and would have been able to respond if JOCCA had been informed, and requested that JOCCA be provided with future information on reports.

 

Council Member Pavăo said that the Council owed a debt of gratitude to the Human Services Advisory Board, and thanked them for their effort. He felt that the Council should consider increasing the amount of financing made available for the agencies.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO KEEP JOCCA, THE CHAPEL HILL SENIOR CENTER, AND RSVP AS LINE ITEMS.

 

Council Member Pavăo gave the historical background of the three agencies: (1) RSVP has received funding of $12,000 a year since 1981, (2) Chapel Hill agreed to be a partner with the County for a budget of $93,200 total for the Chapel Hill Senior Center, with part of the funding being Chapel Hill’s, and (3) the less funding JOCCA receives locally, the less it gets federally.

 

Council Member Bateman disagreed that the three agencies should be kept as line items and felt that the recommendations by the Human Services Advisory Board were good.

 

Council Member Pavăo said that Chapel Hill had made agreements with the County to keep the three as line items.

 

Mayor pro tem Capowski felt that the three agencies should not be given special treatment, but should compete with the other agencies.

 

Council Member Brown said that the Town had made a commitment to these agencies.

 

Council Member Wiggins said that the Town was committed to the three agencies and she does not want them to lose any funds. She said that they could get less funds if allocations are reduced in the future.

 

Council Member McClintock said that she didn’t think that the funding for the three agencies was at risk and supported the recommendations of the Human Services Advisory Board because they are well-informed about the funding available.

 

THE MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH MAYOR WALDORF, COUNCIL MEMBERS BROWN, EVANS, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BATEMAN, CAPOWSKI, FOY AND MCCLINTOCK VOTING NAY.

Item 12 – Resolution Appointing a Committee of the Council to Review Proposals from Transportation Consultants for Assisting the Council in Considering Transportation Issues

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO TO ADOPT RESOLUTION 13, WITH COUNCIL MEMBERS BROWN, CAPOWSKI, EVANS, AND PAVĂO SERVING ON A COMMITTEE TO REVIEW CONSULTANTS’ PROPOSALS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)

 

A RESOLUTION APPOINTING A COUNCIL COMMITTEE TO REVIEW CONSULTANT PROPOSALS (98-10-26/R-13)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council appoints the following Council Members to serve as a committee to review responses to a request for proposals to provide Transportation Planning Services, and to make a recommendation on consultant selection to the Town Council:

 

Joyce Brown

Pat Evans

Lee Pavăo

Joe Capowski

 

This the 26th day of October, 1998.

 

 

Mayor Waldorf said that she would also like to join the Committee. 

 

Item 13 – Discussion of Architect Selection Process for the Southern Fire Station

 

Council Member Brown said that she recommended an additional proposal to the four proposals previously stated by Jane Sharp, Chairperson of the Citizens’ Energy Task Force. She recommended that two members of the Council be members of the Architectural Selection Committee.

 

Council Member Evans said that she would second the motion if an amendment was added to ensure that the construction of the Fire Station was not slowed. Acting Town Manager Florentine Miller, saw no problem with the schedule.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS TO ADOPT RESOLUTION 14 AS AMENDED, AND WITH THE APPOINTMENT OF COUNCIL MEMBERS BROWN AND EVANS AS MEMBERS OF THE COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO PROCEED WITH THE PRESENT ARCHITECT SELECTION PROCEDURE (98-10-26/R-14)

 

WHEREAS, the Town Council has adopted an ordinance promoting energy conservation in the design and construction of new and renovated Town buildings; and

 

WHEREAS, the voters of Chapel Hill approved a public safety bond referendum in 1996 and the Council scheduled sales of the bonds to accommodate construction and occupancy of a fire station with a police substation in the summer of 2000; and

 

WHEREAS, the Town Manager has developed a process to select an architect and design a new fire station intended to meet the requirements of the energy ordinance as well as of other policy and functional needs;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to continue the process of architect selection and design development as outlined below:

 

·        A supplemental questionnaire is sent to the 10 firms that submitted proposals asking for more specific information on their experience working with the energy efficiency techniques listed in Section 5-111 of the energy ordinance, with standards of the Occupational Safety and Health Administration guidelines and with the relevant standards of the National Fire Protection Association.

 

·        An Assistant Town Manager Fire and Police staffs review the proposals and the supplemental submissions and select three to four finalists.

 

·        An ten-member Architect Selection Committee is convened, including:

 

Council Members Brown and Evans                                         2

Fire Department Staff                                                               2

Police Department Staff                                                            1

Building Services Staff                                                  1

Engineering Department Staff                                        1

Bill Warren, Citizen’s Energy Task Force designee                    1

Homeowners Assoc. Representatives                                        2

(Southern Village and 100 Oaks)

 

·        Selection Committee reviews RFP submittals and determines interview questions. Committee amends selection criteria if necessary.

 

·        Selection Committee participates in the initial screening of proposals and the selection of three or four of the finalists.

 

·        Selection Committee conducts interviews with finalists.

 

·        Selection Committee makes recommendation to Town Manager for architect selection.  (If acceptable price cannot be negotiated, negotiations would begin with the next architect.)

 

·        Selection Committee is represented by attendance at Community Design Commission meetings.

 

The architect selection criteria developed for this project includes the following:

 

1.      Relevant experience; recent design and engineering of a fire station.

 

2.      Quality of proposal submittal and interview performance.

 

3.      Knowledge of and/or experience with the Chapel Hill project approval process and design standards.

 

4.      Demonstrated knowledge and experience with renewable energy technology and the design of energy conservation systems as required in Town Ordinance.

 

5.      Knowledge and application of relevant safety regulations or standards established by Occupational Safety and Health Administration or National Fire Protection Association (NFPA) for fire stations.

 

6.      Demonstrated experience with design of NFPA 13R fire sprinkler systems.

7.      Demonstrated ability to work with a variety of committees on a single project.

8.      Office located to facilitate day-to-day communications, contact, and project management.

9.      References from previous clients on similar projects.

10. Ability to meet Town of Chapel Hill anticipated project time line.

This the 26th day of October, 1998.

 

 

Item 13.1 – Development Ordinance Text Amendment Regarding the Definition of “Contiguous Property” (Second Reading)

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK TO ADOPT ORDINANCE 4.1.

 

Mayor Waldorf said that she had concerns about the Ordinance, wishing that it had sliding scales instead of being open-ended.

 

Mr. Karpinos said that “contiguous property” needed to be defined.  He said that it would need to be determined for each special use application prior to the conclusion of the evidentiary hearing on each permit application.

 

THE MOTION WAS ADOPTED BY A VOTE OF 5-4 WITH COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, AND MCCLINTOCK VOTING AYE, AND MAYOR WALDORF, COUNCIL MEMBERS EVANS, PAVĂO, AND WIGGINS VOTING NAY.

 

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING THE DEFINITION OF CONTIGUOUS PROPERTY (98-10-26/O-4.1)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to add a definition of the term contiguous, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED as follows:

 

                                                                     SECTION I

 

Add Subsection 2.29.1 to the Chapel Hill Development Ordinance to read as follows:

 

2.29.1  Contiguous Property:  Property adjoining, neighboring, and nearby the outer boundary of the development proposal.  For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be shall be construed to be those properties immediately adjacent.  For large development proposals and/or proposed uses that are significantly different from existing uses nearby or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development.  But, in every case, for property over 10 acres but less than 100 acres, at a minimum, all property within 500 feet shall be considered contiguous.  For development proposals that are over 100 acres, at a minimum, all property within 1,000 feet shall be considered contiguous.

 

                                                                    SECTION II

 

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

 

                                                                   SECTION III

 

This amendment shall become effective upon adoption.

 

This the 26th day of October, 1998.

 

Item 14 – Salary Adjustments for Manager and Attorney (Second Reading)

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, EVANS, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BROWN, CAPOWSKI, FOY AND MCCLINTOCK VOTING NAY.

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED OCTOBER 1, 1998  (98-10-26/O-5)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Ordinance Establishing a Position Classification and Pay Plan (98-6-8/O-7) is amended as follows:

 

In Section IV, part B, under Elected and Appointed Officials, DELETE the lines

           

Position:                       No.                 

 

Town Manager             1                      $97,498

Town Attorney             1                      $90,093

 

and ADD the lines

 

            Position:                       No.                 

 

Town Manager             1                      $102,129

Town Attorney             1                      $ 94,372

 

This the 12th day of October, 1998.  (First reading)

This the 26th day of October, 1998.  (Second reading)

 

Item 15 – Discussion of Consent Agenda Items

 

Item 4a

Council Member Bateman said that she supported the YMCA and suggested that a request be made for the YMCA to share their pool for a nominal fee with the Community Center in August when the Center’s pool closes.

 

Mayor Waldorf said that she would write a letter to the YMCA. 

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ALLOCATING $10,000 OF COMMUNITY DEVELOPMENT NEIGHBORHOOD REVITALIZATION FUNDS TO THE CHAPEL HILL - CARRBORO YMCA FOR AFTER SCHOOL PROGRAMS AT THE PINE KNOLLS COMMUNITY CENTER AND THE SOUTH ESTES DRIVE FAMILY RESOURCE CENTER (98-10-26/R-2)

 

WHEREAS, the Town has made commitments to the promotion of neighborhood revitalization in the Pine Knolls, Northside and public housing communities in the form of statements in its Community Development Plan; and

 

WHEREAS, a public service activity for children is an eligible Community Development activity under the Neighborhood Revitalization project in the Community Development Plan; and

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council allocates $10,000 of Community Development funds to the Chapel Hill - Carrboro YMCA for after school programs at the Pine Knolls Community Center and the South Estes Drive Family Resource Center.

 

BE IT FURTHER RESOLVED that $5,000 will be added to the existing budget for the program held at the Pine Knolls Community Center and $5,000 allocated for the after school program held at the South Estes Drive Family Resource Center. 

 

This the 26th day of October, 1998.

 

 

Item 4j

Bob Godding reported on the recommendation that the Town lease nine more parking spaces to FGI, in answer to their request to have ten to fifteen spaces added to the number of spaces they presently lease. 

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY, TO AMEND RESOLUTION 10 TO REQUEST THE STAFF TO ADVERTISE THAT THESE SPACES WOULD BE AVAILABLE, NOTIFYING ALL THE PROPERTY OWNERS WITHIN 1,000 FEET OF THE PARKING LOT.

 

Council Member McClintock wanted the rentals of the spaces renewed annually and agreed with the amendment. She would also like TMP to be included.

 

Mr. Godding said that there were fifty spaces available in the other Town parking lots, and that there was no waiting list.

 

Council Member Brown pointed out that the amendment contradicted what was in the Resolution.

 

Mayor pro tem Capowski withdrew the motion and made a new motion.

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REQUEST THE STAFF TO WRITE A NEW RESOLUTION 10 TO ADVERTISE AND NOTIFY ALL PROPERTY OWNERS WITHIN 1,000 FEET OF THE PARKING LOTS THAT THESE SPACES WERE AVAILABLE FOR LEASE. THE MOTION FAILED 4-5 WITH COUNCIL MEMBERS BROWN, CAPOWSKI, FOY AND MCCLINTOCK VOTING AYE,  AND MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, EVANS, PAVĂO, AND WIGGINS VOTING NAY.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED 5-4 WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, EVANS, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BROWN, CAPOWSKI, FOY, AND MCCLINTOCK VOTING NAY.

 

A RESOLUTION AUTHORIZING THE MANAGER TO PUBLISH A NOTICE OF THE INTENT TO AMEND AN AGREEMENT TO LEASE UP TO 113 PARKING SPACES WITH FGI (98-10-26/R-10)

 

WHEREAS, the Town owns and operates Parking Lot #5 on the corner of West Rosemary and Church Streets which has both hourly and monthly rental spaces available; and

 

WHEREAS, FGI is leasing 104 parking spaces in this lot and has requested that the Town amend the agreement to add 10 to 15 additional spaces for the use of employees of FGI; and

 

WHEREAS, the Town has identified nine (9) additional spaces in Parking Lot #5 on the corner of West Rosemary and Church Streets which could be made available as rental spaces to FGI;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to publish a notice of the Town’s intent to amend the agreement with FGI, dated May 1, 1997, for the lease of nine additional spaces bringing the total up to 113 parking spaces at Town Lot #5.  All other terms and conditions of the current agreement would remain in effect.

 

This the 26th day of October, 1998.

 

 

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The meeting stood adjourned at 11:05 p.m. 

 

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