SUMMARY MINUTES OF A MEETING OF THE CHAPEL HILL TOWN COUNCIL

AND CHAPEL HILL’S LEGISLATIVE DELEGATION

FRIDAY, FEBRUARY 26, 1999 AT 7:30 A.M. AT THE CAROLINA INN

Mayor Rosemary Waldorf called the meeting to order at 7:40 a.m.

Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Lee Pavão, and Edith Wiggins. Council Member Julie McClintock was absent, excused. Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Finance Director Jim Baker, Transportation Director Bob Godding, Transportation Administrative Analyst Scott McClellan, Development Coordinator J.B. Culpepper, Police Chief Ralph Pendergraph, and Town Clerk Joyce Smith.

Legislators present were Senators Eleanor Kinnaird and Howard Lee, and Representatives Joe Hackney and Verla Insko.

Also present was Ellis Hankins, Director of the North Carolina League of Municipalities.

Mayor Waldorf briefly described the materials distributed for this morning’s meeting.

Representative Hackney noted that the Appropriations Committee was meeting regularly and work was proceeding as scheduled. He stated it was off to a good start and looked forward to discussing the Town’s legislative requests with the Council.

Mayor Waldorf presented a brief overview of the sixteen potential requests for the 1999 session, and began the discussion by noting the first two potential requests:

1. Authority to require disclosure of names of all contributors to local election campaigns.

2. Authority to limit the amount that can be contributed by a person to a local election campaign.

Representative Hackney noted he did not feel these two items would cause a problem.

Senator Lee added that the Legislature was always interested in strengthening campaign procedures.

Council Member Evans stated these items were not her highest priority, and did not believe the Town had experienced abuses.

Council Member Brown said this was a serious issue facing the entire country, and she would like to set an example.

Mayor Waldorf noted the Council would act on these issues at its next business meeting.

Senator Lee asked if regulations could be enacted as local legislation. Representative Hackney answered he knew of no limitations that would prevent it.

Mayor Waldorf moved to item three:

3. Authority to use video traffic surveillance technology and impose civil penalties based on camera surveillance.

Representative Hackney said he was not a proponent of this, noting his belief that it caused innocent people to appear guilty. He stated he was against allowing Charlotte, NC to have this authority, and would like to see how their program was working before he agreed to support the Town’s request.

Chief Pendergraph stated his belief that this authority would allow the Police to provide a safer community.

Senator Lee noted he had experienced several near misses at intersections caused by persons speeding up to run yellow lights, and noted surveillance cameras might be effective in prevention as well as capturing abusers by issuing citations.

Mr. Horton said they understood from talking with other communities that this type of enforcement did have a positive effect on reducing the number of violations in residential neighborhoods. He stated this was a continuing source of complaint from residential neighborhoods. Mr. Horton added the Town was interested in using video surveillance in residential areas rather than in high traffic areas.

Senator Kinnaird asked if the units were portable. Mr. Horton replied the equipment could be moved from location to location.

Representative Hackney asked if the equipment was good enough for positive identification. Mr. Horton stated the equipment would show the face of the driver of the vehicle. Mr. Godding noted that the owner of a car was responsible for the vehicle, even if they were not the driver.

Senator Lee asked if that meant that parents were responsible for their teenage drivers. Mr. Godding responded yes.

Council Member Foy asked if that would mean points could be placed on the parent’s driving record. Chief Pendergraph answered no.

Mayor Waldorf moved to item four:

4. Authority to regulate the timing and/or number of private development projects under construction within a watershed.

Mr. Karpinos said the problem was that the cumulative effect of several developments in an area of the watershed caused problems downstream, because of the amount of cleared space. He said the Town wanted a method to regulate the timing of development so that large parts of the watershed were not exposed to the elements at the same time.

Representative Insko asked how that would work. Mr. Karpinos said the request was that the Town be allowed to write an ordinance to regulate how much development took place at any one time in a watershed, and perhaps limit the time the land could be exposed.

Representative Insko said, for instance, if Airport Road was creating a sedimentation problem and there were some private developments planned in the area, the Town would want to be able to delay private projects. Mr. Karpinos said it would be difficult to administer.

Mayor Waldorf noted that Carrboro and the County should be notified of the Town’s interest in this, as jurisdictional lines did not apply in the watershed.

Senator Lee asked at what point the developer would be informed of this restriction, and if it would cause a financial impact on the development. Mr. Karpinos said that had not been worked out as yet.

Senator Kinnaird noted it would have to be worked out in the permitting process.

Mayor Waldorf asked if this would be worthwhile to puruse.

Representative Insko said she believed there was a real need for this type of legislation.

Representative Hackney agreed, noting there should be some options on what the legislation would say — for instance, a specific time limit. He said that since uncovering the soil was what the Town was trying to protect, the language would have to be specific.

Mayor Waldorf noted that the Council had recently conducted a work session on sedimentation control, and offered the delegation copies of the videotape of that work session.

Senator Lee noted he would like to move forward with this and explore how to extend additional authority to local governments in this area.

Senator Kinnaird noted that homeowners would be against anything that would limit their ability to build when they wanted to build.

Council Member Foy said, regarding local enforcement of existing State regulations, that when the Council held its sedimentation work session it had been noted that enormous projects were going on at the same time and it would be impossible for the Town to daily inspect those projects.

Mayor Waldorf stated the Town would draft an ordinance.

Mayor Waldorf noted item five:

5. Authority to prohibit outdoor burning in the Town’s exterterritorial jurisdiction.

Mr. Horton noted that the Town did not believe that outdoor burning should take place because the area was heavily built.

Senator Kinnaird said she believed it would not be constitutional to grant this type of legislation.

Representative Insko asked if the Forest Service, who issued the permits, could be approached to limit the permits. Mr. Horton responded it was not likely.

Mayor Waldorf asked if this was a viable request. Senator Kinnaird said the State Constitution did not allow localities to regulate this.

Representative Hackney asked why the Town did not just enact something and see what happened.

Senator Kinnaird said Orange County was planning to do just that. Mr. Karpinos said the Town could impose this as a condition of approval of a development.

Mayor Waldorf moved to item six:

6. Authority to enact an entertainment tax on large entertainment venues.

Mayor Waldorf said the Town would like authority to impose an entertainment tax on large venues with the proceeds going to the transit system partners, made up of Carrboro, Chapel Hill and the University.

Senator Kinnaird said she believed it was worth pursuing.

Senator Lee disagreed, noting he believed it would be difficult if not impossible to get passed.

Representative Hackney said the objection was that the University wanted to retain control of its entertainment venues. He suggested the Town should increase the cost of transit rides for special events.

Council Member Brown noted she believed the Town should pursue this.

Representative Hackney said he had no objections, and never had. He noted the University did not enjoy opposing legislation proposed by the Town, but the University had sufficient connections to stop such legislation.

Senator Lee agreed, reiterating he did not believe such authority would ever be granted as long as the University opposed it.

Representative Insko stated that each year that this was introduced, people become more educated about it and believed it was worth doing with as much rational information behind it as possible.

Representative Hackney added it had to be done State-wide, because these types of venues compete against each other for concerts and other events. He said if Chapel Hill got an entertainment tax and others do not, then Chapel Hill would get fewer events because of the added expense.

Roland Giduz, a citizen, noted that this type of tax was available all other the country, and had been proposed at N.C. State University. He begged the legislators’ serious consideration.

Mayor Waldorf noted that item seven should probably be linked with item 15.

7. Legislation to allow greater regional planning authority.

15. Establishment of a Legislative Study Committee to identify potential State-wide regulations that require counties and municipalities to implement measures that include urban growth boundaries, open space and farmland preservation and comprehensive plans.

Senator Lee said he had become re-sensitized to having a State-wide plan that emphasized regionalism. He said in March he would meet with seven planners who would determine if a blue ribbon commission could be established to study this idea. Senator Lee said what the Town was proposing might be possible.

Council Member Brown asked if item 15 would be viable. Senator Lee said the proposed study committee would study the feasibility of this type of legislation.

Mayor Waldorf suggested the Council wait until it heard from Senator Lee about his progress in this area.

Senator Kinnaird said more and more people were thinking along these lines, and believed this was timely.

Council Member Evans said other states had been making faster progress than North Carolina.

Representative Insko asked if the Town had any idea what type of legislation it wanted.

Representative Hackney said there was a lot of activity in the legislature at this time, that this was a hot topic and the timing was right. He said Mr. Hankins would be instrumental in the debate.

Mayor Waldorf said she would like to have any authority the legislature was willing to give the Town.

Representative Insko said regarding regional planning, the advantages and disadvantages must be weighed. She said she believed the advantages did outweigh the disadvantages in Orange County, and if Chapel Hill pursued this it would be pulling the other jurisdictions in as well.

Council Member Brown said if we emphasized regionalism, we might leave out an area that might have serious impact.

Senator Lee said he would keep the Town apprised as work proceeded in the legislature.

Council Member Foy asked if there was any objection with the Town proceeding with items 7 and 15. None were noted.

Mayor Waldorf stated item 8:

8. Revision to rules requiring poll workers to work all day.

Council Member Bateman said this was a continuing problem, and election officials had noted the State law needed to be amended regarding the requirement that pollsters remain the entire twelve hours the polls were open.

Senator Kinnaird said one difficulty was that persons working polls were required to take a day of personal vacation from their normal jobs, plus work from sunup to sundown.

Mayor Waldorf moved to item 9:

9. Authority to enter into development agreements as part of the regulation of land use on large tracts such as the Horace Williams tract.

Mr. Karpinos said this was presented last year but was deferred because of issues raised by the University.

Representative Insko said the question was raised that if this was granted, it would affect other State properties as well. She said if the Town wanted to do this, it should be done through the University’s process.

Aaron Nelson, a University representative, commented the University had requested that this legislation be postponed.

Representative Insko said the State looked at it as giving up authority over its own property.

Mayor pro tem Capowski said the University would not be giving up any authority. He said the Town was asking for authority to enter into a voluntary two-way contract, which would give the University long-term predictability over a particular tract of land.

Representative Hackney said he believed this was doable, but would take some work.

Mayor Waldorf said she believed the University would need to be contacted to discuss this issue.

Mayor Waldorf moved to item 10:

10. Authority to enact inclusionary zoning.

Senator Lee said he did not have a feel for how this would be received by the legislature.

Representative Insko said she had an appointment to speak to the Speaker of the House to discuss this issue.

Mr. Karpinos said the bill had been drafted and submitted three times, so the work was done.

Representative Insko said her impression was that there was still a large amount of resistance to this type of zoning.

Representative Hackney said he supported it, but had no idea what the chances were for passage.

Senator Kinnaird said these issues were large ideas, and the more they were discussed, the better the chances were that they would be seriously considered.

Mayor Waldorf stated item 11:

11. Authority to enact additional regulations regarding alcoholic beverages including, among others: regulation of opening and closing hours; regulation of special promotions such as “happy hours”; and local law enforcement authority to enforce alcohol regulations currently under the jurisdiction of State agents.

Mr. Hankins said there was much interest throughout the League members and the State on this issue. He said it was likely that one or more bills would be introduced.

Senator Lee said he was in favor of this.

Mr. Hankins said it was time for more local input, and that was what the League was seeking to do.

Chief Pendergraph said the Town would like to be able to enter private clubs for enforcement purposes. He said during Halloween, over 50,000 persons were present on downtown streets, and the Town could not cut off the supply of alcohol in the private clubs.

Mayor Waldorf stated item 12:

12. Legislation to sponsor the convening of a Legislative Study Committee to develop a plan for the State to achieve its 40% waste reduction goal.

Council Member Brown said this request came out of a recycling conference she had recently attended.

Representative Hackney said that counties did not want undue regulations imposed on them in how they handled their solid waste. He said the League had worked on the original legislation, and the general response was that the funds were not available at this time, and the State had no funds to contribute towards it. Representative Hackney said this might need to be put off for two more years.

Senator Lee said he had no objection to sending it forward.

Mayor Waldorf went to item 13:

13. Creation of new revenue sources for transportation funding, including local options and those recommended by the Governor’s Transit 2001 Commission.

Mayor Waldorf said the local option sales tax was the most important revenue source at this time.

Mayor pro tem Capowski asked why the Town could not tax gasoline.

Senator Kinnaird said the State was reluctant to give up that source of revenue.

Representative Hackney said the price of gasoline in adjoining states and the fact that State taxing of gasoline was traditional were the two main issues.

Mayor pro tem Capowski said there was a real need to maintain streets, and those who used the streets should pay for its maintenance. He said taxing gasoline was an ideal way to do that.

Representative Hackney said that $25 million was dedicated to public transit and another $7 million to other transit issues in the Governor’s budget. He said there was a proposal to dedicate even more funds to the maintenance of roads.

Mayor Waldorf said that $25 million was not totally dedicated to public transit, as a portion of it was earmarked for prior expenses. She said if the Town could convince Orange County and Durham to agree to a regional sales tax devoted to public transit, she believed the NC Department of Transportation would support it.

Senator Kinnaird said she believed people were now more willing to discuss a tax to promote public transit.

Representative Insko said that part of the thinking was do we want to raise taxes to address current needs, or wait a year or two and attempt to do it within the normal budget.

Mayor Waldorf asked if the delegation would support Chapel Hill if it would get Durham and Orange County to sign on. There was general agreement.

Mayor Waldorf moved to item 14:

14. Seek State assistance for open space acquisition and for libraries throughout the State.

Council Member Foy said the Town did not have much land available in Chapel Hill, and had very little ability to compete in buying land. He said this request was not just a Chapel Hill request. Council Member Foy said we should be encouraging more funds for the library if we expect to be competitive educationally, especially with the massive change the internet was imposing on us and our children. He asked for the delegation’s thoughts on this issue.

Representative Insko asked about the possibility of the Library Board working with Smart Start with their projects. She said there might be other ways to address the issue rather than acquiring more open space.

Council Member Foy said there were a lot of amenities in this area, but they were not the Town’s and could go to another use.

Senator Lee said he believed this was an important issue, but saw little hope in achieving progress this year. He recommended that this issue be brought back up in the future.

Representative Hackney stated that funds might be available from the National Heritage Trust Fund, as well as other sources. He suggested the Town apply for grants.

Council Member Pavão asked if Representative Insko had ideas on how the local library could team up with Smart Start. Representative Insko answered they were interested in diverse approaches, and the Town’s library officials should contact Smart Start to explore ways to work together.

Mayor Waldorf stated item 16:

16. Authority for adequate public facilities ordinance aimed at three concurrancies: 1) public school capacity; 2) road capacity; and 3) utility capacity.

Mayor pro tem Capowski said this was not unique to Chapel Hill. He said Cary had recently passed a public facilities ordinance without enabling legislation, and Chapel Hill was asking to enact such an ordinance with enabling legislation.

Senator Kinnaird said she was in favor of it, and asked why the Town wanted enabling legislation if it was not necessary.

Representative Hackney said he believed there was some possibility it would not be legal otherwise.

Mayor pro tem Capowski asked if the delegation was supportive.

Senator Lee said he felt comfortable carrying it forward.

Council Member Brown said she did not believe the ordinance should be restricted to just these three public facilities.

Representative Hackney said it would be difficult enough to do it wth these three.

Mayor Waldorf said the authority to enact impact taxes was an issue.

Senator Kinnaird said there was a lot of general interest in this.

Mayor Waldorf said the Town did use its impact authority at this time, in that developers were required to make the improvements as they went along.

Senator Lee asked if anything had been drafted as yet. Mr. Karpinos replied if the Town wanted to puruse this he would draft a document.

Mayor Waldorf thanked the delegation for the increase in fire protection costs and encouraged them to protect that allotment. She asked if the Town should be concerned about a decrease in State-shared revenues. Representative Hackney said he did not believe so.

Council Member Foy reminded the Council about the issue of a trafflic light at NC 86.

Mayor Waldorf added that two years ago the Town had made a request to install a traffic light at the intersection of NC 86 and Weaver Dairy Road. She asked for the delegation’s support in pursuing this.

Mayor Waldorf asked about the support of a County Civil Rights Ordinance regarding sexual orientation. Senator Kinnaird said she would be supporting this.

Mr. Horton noted a new bill had been introduced to increase retirement benefits for police officers. He said that the increased pension for law enforcement officers would be approximately 75% of average final compensation, as opposed to 53.1% for other municipal employees. Mr. Horton noted this would result in inequity among retirement benefits for Town employees.

The meeting was adjourned at 9:36 a.m.

The minutes of February 26, 1999 were adopted on the 22^nd day of March, 1999.

__________________________________________

Joyce A. Smith, CMC

Town Clerk