SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, JUNE 14, 1999 AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Kevin Foy, Lee Pavăo, and Edith Wiggins. Council Members Pat Evans and Julie McClintock were 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, Planning Director Roger Waldon, Development Coordinator J.B. Culpepper, Transportation Planner David Bonk, Long Range Planner Claudia Paine, Police Captain Gregg Jarvies, Police Captain Tony Oakley, Police Analyst Jane Cousins, Transportation Analyst Scott McClellan, Library Director Kathy Thompson, Personnel Analyst Bunny Spadaro and Town Clerk Joyce Smith.
a. Presentation of Local Leader Award
Transportation Analyst Scott McClellan presented a local leader award to Mayor Waldorf for her efforts in promoting and advocating public transportation. Mayor Waldorf accepted the award and stated that it really was a show of recognition to the Town of Chapel Hill.
b. Proclamation of Appreciation for Nancy Preston
Mayor Waldorf explained that former Town Council Member Nancy Preston created the Chapel Hill Endowment for Public Art in 1991 and that her efforts and advocacy had lead to the establishment of the Public Arts Commission in 1992. She said that the Town Council wished to thank Ms. Preston and to commend her for her years of service and the contributions that she had made toward the promotion of art in public spaces.
(none)
Item 3 — Petitions and Announcements
a. Petitions by Citizens
1. By Allen Eckhaus, Facilities Chairperson for Chapel Hill Kehillah, Regarding Expedited Review for 307 Cameron Avenue
Mr. Eckhaus petitioned the Council to expedite the Town Planning Board’s review of the Application for Change of Use of the property at 307 Cameron Avenue from its current use to a house of worship by the Kehillah. Mr. Eckhaus said that the Kehillah wished to take occupancy of the building by mid-August in order to provide their children with the necessary background and preparation for the Jewish high holidays of Rosh Hashanah and Yom Kippur, which commence on September 10, 1999.
Mayor Waldorf noted that the Planning Board would not be meeting in July and recommended that the staff review the petition and have it ready for the Planning Board in August.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
2. By North Carolinians Against the Death Penalty Regarding a Moratorium on Executions
Stephen Dear, Executive Director of People of Faith Against the Death Penalty, who also represented North Carolinians Against the Death Penalty, explained that a growing national and international movement was calling on governments in the U.S. to support a moratorium on executions. He asked the Council to support this because of the problems that were associated with the administration of the death penalty in North Carolina and the U.S. Mr. Dear said that Nebraska recently passed such a moratorium, and that more than 500 governments and community and civic groups have approved moratorium resolutions, including the Illinois House of Representatives, the towns of New Haven, Connecticut, Mt. Rainier, Washington and Carrboro, North Carolina.
Mr. Dear noted that the resolution before the Council quoted the American Bar Association’s conclusion about the administration of the death penalty, saying it was a “haphazard maze of unfair practices with no internal consistency.” He said that he and others present were asking the Council to acknowledge that the manner in which the State was executing people was racist, was reserved for poor people, and was done in a way where innocent men and women have been and are continuing to be executed. Mr. Dear cited examples of those who had been wrongly convicted of capital crimes which they did not commit and urged the Council to vote in favor of the moratorium.
G.R. Quinn spoke in favor of the death
penalty, arguing that it was an effective way to protect society from vicious
murderers and rapists. He urged the Council to look at the FBI statistics on
racism, asserting that the majority of people who had been executed had been
white and the
majority who were on death row were white as well. Mr. Quinn asked the Council
to urge the State to enforce the constitution of North Carolina, which called
for the death penalty for rape, burglary, murder and arson. He argued that
the death penalty was the best way to protect society.
Joe W. Straley, from the Peace and Justice Committee of the Community Church of Chapel Hill, handed out a resolution which his church had passed which argued the futility of using the death penalty as a means of curtailing crime. He said that the resolution argued that the death penalty did not allow for human error. Mr. Straley said that it created an illusion of setting things right, but the result was that it created more victims. He read aloud what he thought was the most important part of the resolution: “Beyond all of the above considerations, we contend that the death penalty is State-sponsored retribution or revenge which undermines respect for human life and debases us as citizens while transmitting to children and youth the message that violent response to a grievance is acceptable behavior.”
Jonathan Wexler, agreeing with a previous speaker that there might be slightly more white people on death row, pointed out that the population of African Americans in North Carolina was only about 22% and so this indicated some inequities on death row. He added that studies had shown that the death penalty did not deter crime. Mr. Wexler said that studies also had shown that people whose families had been killed by the executed person felt worse after the execution. He argued that prisons were called correctional facilities and that killing people did not correct or solve anything or get at the root of the problem, which was poverty. Mr. Wexler said that this explained why the majority of people who were executed did not have money to afford good attorneys when they had been forced to confess, for example.
Richard Rosen said that he had attended a meeting in Illinois where 29 people testified that they had been sentenced to death for a murder which they had not committed. He said that he had represented a man in Burlington, North Carolina in 1994 who had been sentenced to life in prison for a rape which DNA testing later proved he did not commit. Mr. Rosen said that if the death penalty had been available he would have been dead. He added that last month Charles Munsey was freed in North Carolina after a judge found that he most likely was innocent of the crime for which he had been convicted. Mr. Rosen added that the State of North Carolina had known that Mr. Munsey was innocent when he was convicted. He described this as the tip of the iceberg, adding that 80 people had been set free from death row. Mr. Rosen, pointing out that big changes start in small ways, asked the Council to join Carrboro and other communities in the protest.
Jack Boger noted that the resolution did not ask the State to end the death penalty but only to look carefully at the facts. He said that the origin of the effort toward moratorium came from the conservative heart of the House of Delegates of the American Bar Association, which began a campaign in February 1997 to ask states, one by one, to look at their capital sentences in the closing months of the 20th century. Mr. Boger stated that the evidence showed that capital punishment had not met the claims of its most ardent supporters.
Council Member Brown pointed out that the petition was asking the Council to make a policy decision.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT THE RESOLUTION 26.
Mayor pro tem Capowski asked Mr. Straley to explain what the resolution had to do with Chapel Hill, since the Town did not execute prisoners or run prisons. Mr. Straley replied that all citizens were jointly responsible for the actions that their nation took.
THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION CALLING FOR A MORATORIUM ON EXECUTIONS (99-6-14/R-26)
WHEREAS, there is ample evidence that the death penalty is applied in a racist manner:
· In 1987, in McCleskey v. Kemp, the U.S. Supreme Court acknowledged but refused to act on data demonstrating the continuing reality of racial bias;
· In 1990, the U.S. General Accounting Office reported “a pattern of evidence indicating racial disparities in charging, sentencing and imposition of the death penalty”;
· Nationwide, 82% of those put to death had been convicted of murdering a white person even though people of color are the victims in more than half of all homicides;
· The U.S. Congress and the North Carolina General Assembly have failed to pass the Racial Justice Act, which would allow prisoners to challenge their death sentences using standards normal in civil racial discrimination cases;
· 76% of all people executed by the State of North Carolina have been African American;
· 60% of death row in North Carolina is composed of racial minorities, one of the highest percentages of any state death row population; and
WHEREAS, death sentences are reserved for the poor:
· About 90% of persons nationwide facing capital charges cannot afford their own attorney and the percentage is higher in North Carolina;
· No state, including North Carolina, has met standards developed by the American Bar Association for appointment, performance and compensation of counsel for indigent prisoners;
·
The senior judicatory leaders of 31 North Carolina faiths have recognized that
“the application of the death penalty is clearly discriminatory… Numerous studies
have documented this fact. If a suspect is poor or a member of a minority group,
the death penalty is much more likely to be imposed”; and
WHEREAS, prisoner appeals have been severely curtailed, increasing the risk of imprisonment and execution of innocent people:
· So far 79 people, including two North Carolinians, have been freed from death row after their innocence, in most cases, was proven by investigators outside the justice system, and their numbers continue to grow;
· In a series of rulings since 1991, the Supreme Court has drastically restricted the rights of death row prisoners to appeal their convictions and death sentences in federal courts, even in cases where prisoners present compelling evidence of innocence;
· In 1996, new legislation drastically limited federal court review of death penalty appeals, and gutted public funding of legal aid services for death row prisoners;
· At least 23 persons were executed in the United States this century only to have their innocence proven after their deaths; and
WHEREAS, the American Bar Association has concluded that administration of the death penalty is “a haphazard maze of unfair practices with no internal consistency” and has called for a moratorium on executions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls on the North Carolina Governor and our State legislators, and the U.S. President and our legislators in Congress, to enact and adopt legislation imposing a moratorium on executions at least until this State and the nation implement policies and procedures which:
· Ensure that death penalty cases are administered fairly and impartially, in accordance with basic due process;
· Minimize the risk that innocent persons may be executed; and
· Prevent the execution of mentally retarded persons and persons who were under the age of 18 at the time of their offenses.
BE IT FURTHER RESOLVED that copies of this resolution shall be forwarded to the Governor and our State legislators and President Clinton and our legislators in Congress.
This the 14th day of June, 1999.
Mayor Waldorf stated that she was glad the Council had adopted the resolution, noting that it meant the Town was asking the General Assembly to hold a public hearing. She added that there were many other problems with the criminal justice system, which affected Chapel Hill. Mayor Waldorf pointed out that the Town could not do as much about these problems as it would like to and encouraged people to be concerned about those as well.
3. By Debi Bird
Ms. Bird, a Chapel Hill resident, described an incident in which she had felt harassed by a Chapel Hill police officer who had stopped her for a traffic violation. Ms. Bird asked the Council to accept her letter documenting that experience.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER THE LETTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
4. By Nancy Cox, a Member of the Junior League
Ms. Cox spoke in support of the Middle School and After School Program of Orange County. She argued that children would have been more likely to become involved in crime, drugs, alcohol and sexual activities if they had not had that safe program. Ms. Cox noted that even though the school system provided the facilities, they might have to limit the number of children served if the program did not receive full funding. She expressed concern that they would not be able to serve the children who most needed the program. Ms. Cox stated that the most informed families pick up the limited spots. She also pointed out that charging fees would mean that the families which were under the most financial stress would likely send their kids home alone.
Mayor Waldorf suggested referring Ms. Cox’s comments to the Human Services Advisory Board. Ms. Cox said that she had spoken with that Board and that the Board had recommended that she come and share her detailed information with the Council.
Council Member Bateman said that she had thought the Advisory Board had met for the final time the previous week. She suggested that the Council refer Ms. Cox’s comments to them even though it might mean that they would have to reconvene.
Ms. Cox pointed out that the Council could act independent of the Board’s advice and vote in favor of supporting the program.
Mayor Waldorf replied that she did not know what their advice had been. Ms. Cox said that she had come to the Council for a decision. Mr. Horton replied that specific grants to specific agencies were not included in the budget that the Council would approve tonight.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER THE PETITION TO THE HUMAN SERVICES ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
5. Joe Herzenberg, Member of the Greenways Commission
Mr. Herzenberg asked the Council to give permission before the summer recess to paint silhouettes of local trees and leaves on the tops of 21 Orange Water and Sewer Authority (OWASA) man-hole covers, located between Airport Road and Franklin Street on the Bolin Creek Greenway. He indicated that he had received permission from OWASA to do the painting.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO GRANT PERMISSION FOR PUBLIC ART ON 21 OWASA MAN-HOLE COVERS. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
6. Alan Rimer, Member of the Orange Water and Sewer Authority Board
Mr. Rimer suggested modifying the Development Ordinance to allow for a procedure to permit plant rescues by the Community Action Network. He said the goal was to institutionalize plant rescues such as the one recently executed at Meadowmont.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
7. Susan Franklin-Fulton, Resident of Chapel Hill
Ms. Franklin-Fulton asked the Council to approve the Pinehurst Drive Traffic Calming Plan outlined in a map that she presented to the Council. She asked Council Members to review and approve the plan as quickly as possible and then turn it over to Roger Perry, the Meadowmont developer, who already had agreed to it.
Mayor Waldorf noted that the Council could not approve the plan at this time. She stated that they could receive and refer it, and then schedule a meeting to approve it soon.
Ms. Franklin-Fulton said that, in that case, she requested that the Council approve it at their next meeting on June 28th.
Mayor Waldorf commented that the group had done a fine job of meeting the public notice requirement, adding that the Council would need the two weeks in order to give notice as well. Mr. Horton pointed out that it might take longer to do that, suggesting that July 7th would be the earliest it could be done.
Council Member Bateman asked if the concerns expressed by the public at hearings were included in Ms. Franklin-Fulton’s report. Ms. Franklin-Fulton replied that they were included but not broken out. She said that they include the radius of the traffic circle, the request for minimal signage and a question about whether there was a need for additional lighting.
Council Member Bateman asked about the plans to maintain the plantings. Ms. Franklin-Fulton replied that the group had received specifics from the Town about what could be planted and would send that to Council Members before the next meeting. She said that it would be very low maintenance—such as Crepe Myrtles and low-maintenance grasses—and that any maintenance would be done by the Homeowners Association when they mowed or landscaped the entranceways.
Council Member Bateman asked if a car could get past another car parked by the traffic island. Ms. Franklin-Fulton replied that there would be no parking at the traffic island, or at the end of either island.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THE PETITION TO THE MANAGER FOR A REPORT BACK ON JULY 7TH. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
b. Announcements by Council Members
1. Pine Knolls
Council Member Wiggins asked the Town Attorney for an update on the Pine Knolls situation. Mr. Karpinos replied that the Town had initiated, at the Council’s direction, foreclosure proceedings related to four houses in the Pine Knolls Community. He announced that all four proceedings had been stopped. Mr. Karpinos said that two had been dismissed and the other two would be dropped because the Pine Knolls Association had come forward with the funds to pay off the Town notes and Deeds of Trust. He explained that foreclosure proceedings were in the process of being concluded without the need to sell the property.
2. Habitat for Humanity Workdays
Mayor Waldorf distributed a flyer regarding Town employee workdays on a Habitat house and reminded Council Members that the workdays were Saturday, June 19th, and Saturday, June 26th.
Council Member Brown requested that items 4b and 4o be removed for consideration at the end of the Council meeting.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 1, EXCLUDING ITEMS 4b AND 4o. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
(99-6-14/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
|
a. |
Minutes of April 26 and 28, 1999. |
|
c. |
Resolution approving a temporary street closing for a portion of South Road on August 15, 1999 for Fall Fest (R-3). |
|
d. |
Resolution approving temporary closure of sections of downtown streets on September 18, 1999 for the Franklin Street Mile Road Race (R-4) (O-1). |
|
e. |
Ordinance restricting on-street parking along Old Bridge Lane and Mallard Court (O-2). |
|
f. |
Ordinances authorizing the installation of stop signs at the intersection of Church and Caldwell Streets and on-street parking restrictions along Caldwell Street (O-3a) (O-3b). |
|
g. |
Resolution dedicating utility easements and street rights-of-way on Town properties near Cleland Drive and Northern Community Park (R-5). |
|
h. |
Resolution awarding bid for construction of the Willow Drive Bridge over Booker Creek (R-6) (O-4). |
|
i. |
Deleted. |
|
j. |
Resolution awarding bid for the purchase of a street sweeper (R-8). |
|
k. |
Resolution awarding bid for the purchase of a bucket truck (R-9). |
|
l. |
Resolution authorizing a contract extension for street resurfacing (R-10). |
|
m. |
Resolution authorizing the Manager to advertise the Council’s intent to enter an agreement for the lease of parking spaces at parking lot #6 (R-11). |
|
n. |
Resolution conditionally approving Memorandum of Agreement for Providing Coordinated Site and Facility Planning (R-12). |
|
p. |
Resolution opposing Senate Bill 1164 regarding Metropolitan Planning Organization changes (R-13.1) |
This the 14th day of June, 1999.
A RESOLUTION APPROVING A TEMPORARY STREET CLOSING ON AUGUST 15, 1999 AS REQUESTED BY THE UNIVERSITY OF NORTH CAROLINA (FALL FEST)
(99-6-14/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the University’s request to close the part of South Road from Stadium Drive to Raleigh Road from 6:00 p.m. on August 15, 1999 to 5:00 a.m. on August 16, 1999 subject to conditions to be set forth by the Town Manager or Manager’s designee, which may include the following:
1. The Fall Fest activities for students shall end by 1:30 a.m., and the street may be closed until 5:00 a.m. for the purpose of clean-up and removal of materials.
2. The University shall receive approval of all permits and plans required by Town ordinances and other laws and regulations, such as a traffic control and safety plan for temporary activities in the street.
3. No alcohol shall be possessed or consumed in the street right-of-way.
4. Personnel shall be on duty at the ends of the closed street areas to ensure access for Town, University and other emergency vehicles into and through the closed area if needed.
5. The University shall designate a contact for coordination and communication with the Town regarding the street closing.
6. University personnel in charge of the activities in the closed street area shall comply with directives of the Police and Fire Chiefs or other designee(s) of the Town Manager.
BE IT FURTHER RESOLVED that the Council authorizes the Manager to approve minor adjustments in the time and location of the requested street closing.
This the 14th day of June, 1999.
A RESOLUTION TEMPORARILY CLOSING PORTIONS OF EAST FRANKLIN STREET, HENDERSON STREET, HILLSBOROUGH STREET AND RALEIGH STREET (FRANKLIN STREET MILE ROAD RACE) (99-6-14/R-4)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of East Franklin Street between Columbia Street and Boundary Street; Henderson Street between Franklin Street and Rosemary Street; Hillsborough Street between Franklin and Rosemary Street; and Raleigh Street between Franklin Street and Cameron Avenue on Saturday, September 18, 1999 from 8:00 am to 10:30 am, to allow the holding of the Franklin Street Mile Road Race.
This the 14th day of June, 1999.
AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF FRANKLIN STREET(FRANKLIN STREET MILE ROAD RACE) (99-6-14/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
That on the 18th day of September, 1999 between the hours of 7:30 a.m. and 10:30 a.m. there shall be no parking on either side of Franklin Street between Columbia Street and Boundary Street.
The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said street during such hours on said date. The Police Department is further authorized to remove, tow, and impound vehicles of any kind which are parked on said street during such hours in contravention of the Ordinance. In light of the event and the large number of pedestrians expected in the street area, the Council hereby determines that vehicles in the restricted areas would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.
This the 14th day of June, 1999.
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES
(99-6-14/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That section 21-27.8 of the Town Code of Ordinances, “No parking anytime except by residential permit.” Is amended by inserting the following therein, in appropriate alphabetical order:
STREET SIDE FROM TO
Old Bridge Lane Both Mt. Carmel Church End
Road
Mallard Court North A point 100 feet east End
of the centerline of
Mt. Carmel Church Road
SECTION II
This ordinance shall become effective July 15, 1999.
SECTION III
All ordinances and portions of ordinances in conflict herein are hereby repealed.
This the 14th day of June, 1999.
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES
(99-6-14/O-3a)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That Section 21-13(c) of the Town Code of Ordinances, “right-of-way and stop regulations” is amended by inserting the following therein appropriate alphabetical order:
Intersection
Church Street/Caldwell Street
SECTION II
This ordinance shall become effective July 1, 1999.
SECTION III
All ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 14th day of June, 1999.
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES.
(99-6-14/O-3b)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That section 21-27 of the Town code of Ordinances, “No parking as to particular streets.” is amended by inserting the following therein, in appropriate alphabetical order:
STREET SIDE FROM TO
Caldwell Street South The centerline of A point 65 feet east of
Church Street the centerline of
Church Street
Caldwell Street North The centerline of The centerline of
Church Street Edwards Street
SECTION II
This ordinance shall become effective July 1, 1999.
SECTION III
All ordinances and portions of ordinances in conflict herein are hereby repealed.
This the 14th day of June, 1999
A RESOLUTION DEDICATING UTILITY EASEMENTS AND RIGHTS-OF-WAY ON TOWN PROPERTIES NEAR CLELAND DRIVE AND NEAR THE NORTHERN COMMUNITY PARK (99-6-14/R-5)
WHEREAS, it has come to the Town’s attention that certain utility easements and street rights-of-way are needed on Town land near Cleland Drive and near the Northern Community Park; and
WHEREAS, dedication of easements and rights-of-way would be in the public interest and are necessary to properly support public infrastructure;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith dedicates easements and rights-of-way near Cleland Drive and the Northern Community Park as shown on the attached maps 1 and 2.
BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to sign on behalf of the Town any documents associated with the dedication of said easements and rights-of-way.
This is the 14th day of June, 1999.
A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE WILLOW DRIVE BRIDGE OVER BOOKER CREEK
(99-6-14/R-6)
WHEREAS, the Town of Chapel Hill solicited formal bids by advertisement in The Chapel Hill News on April 25, 1999, The News and Observer on April 25, 1999, and The Challenger Newspaper on April 29, 1999 in accordance with North Carolina General Statute 143-128 for the construction work; and
WHEREAS, the following bids were received and opened May 20, 1999.
|
VENDOR |
BASE BID (Bridge Structure and associated work) |
ALTERNATE ONE (Sanitary sewer and water line replacement) |
|
C.C. Mangum $309,011.62 |
$266,080.62 |
$42,931.00 |
|
Dillinger 349,561.10 |
299,466.10 |
50,095.00 |
|
Sanford 431,918.23 |
359,176.23 |
72,742.00 |
|
S.T. Wooten 335,406.20 |
289,774.20 |
45,632.00 |
|
Rea Construction 396,859.10 |
345,973.02 |
50,886.08 |
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of and awards a contract to C.C. Mangum, Inc. in the amount of $309,011.62 for the construction of the Willow Drive Bridge over Booker Creek and the replacement of a segment of sanitary sewer line and a segment of water line, all in accordance with the approved plans and specifications.
This is the 14th day of June, 1999.
AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (99-6-14/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statues of North Carolina, that the capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:
SECTION I
The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital Improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.
SECTION II
The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.
SECTION III
Revenues anticipated to be available to the Town to complete the projects are as follows:
Current Budget Revised Budget
Clean Water Management Grant 200,000 200,000
Metropolitan Planning Grant 56,000 56,000
State Bicycle/Pedestrian Grant 260,000 260,000
Pritchard Park Gift 100,193 100,193
Pritchard Park Interest & Rental Income 63,807 63,807
Donations 2,000 2,000
Orange County Bond Funds 105,000 105,000
Transfer from CIP Fund 42,800 42,800
Transfer from General Fund 25,000 25,000
Interest Earnings 0 88,156
Current Budget Revised Budget
N.C. Transportation Grant 0 212,865
OWASA Reimbursement 0 42,931
Total 854,800 1,198,752
SECTION IV
Amounts appropriated are for projects as follows:
Current Budget Revised Budget
Booker Creek Linear Park 20,000 20,000
Dry Creek Trail 235,800 235,800
Lower Booker Creek Trail 330,000 330,000
Pritchard Park 164,000 164,000
Southern Community Park 105,000 105,000
Willow Drive Bridge 0 343,952
Total 854,800 1,198.752
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 14th day of June, 1999.
A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A STREET SWEEPER (99-6-14/R-8)
WHEREAS, the Town of Chapel Hill has advertised notice of wavier of the formal bid process by legal notice in The Chapel Hill News/Village Advocate Classifieds on May 30, 1999, in accordance with G. S. 143-129(g) for the purchase of a street sweeper; and
WHEREAS, a formal bid competition was held by the City of Cary, N.C. on March 10, 1999 in accordance with G. S. 143-129; and
WHEREAS, the Twin States Equipment, Inc. offers the Town the street sweeper at the same price as offered to the City of Cary;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town implements the waiver of formal bid process in accordance with G.S. 143-129(g) and accepts the offer to sell of Twin States Equipment, Inc. in the amount of $93,986.00.
This the 14th day of June, 1999.
A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A BUCKET TRUCK (99-6-14/R-9)
WHEREAS, the Town of Chapel Hill has advertised notice of waiver of the formal bid process by legal notice in The Chapel Hill News/Village Advocate Classifieds on May 30, 1999, in accordance with G.S. 143-129(g) for the purchase of a bucket truck; and
WHEREAS, a formal bid competition was held by the Town of Pinetops, N.C. on March 1, 1999, in accordance with G.S. 143-129; and
WHEREAS, the Altec Equipment offers the Town the bucket truck at the same price as offered to the Town of Pinetops;
NOW, THEREFORE, BE IT RESOLVEDL by the Council of the Town of Chapel Hill that the Council implements the waiver of formal bid process in accordance with G.S. 143-129(g) and accepts the offer to sell of Altec Equipment in the amount of $52,680.00.
This the 14th day of June, 1999.
(99-6-14/R-10)
WHEREAS, the Town of Chapel Hill awarded a contract to Nello L. Teer Company on July 6, 1998, for street resurfacing; and
WHEREAS, the contract included a clause allowing extension of the contract for a period of one year if both parties mutually agree to such an extension; and
WHEREAS, Nello L. Teer Company has agreed to extend the contract through Fiscal Year 1999-2000, with a decrease in the basic unit cost for asphaltic material from $41 to $40 per ton;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the extension of the contract awarded to Nello L. Teer Company on July 6, 1998, for street resurfacing.
BE IT FURTHER RESOVLED that the Town Manager is authorized to execute this extension of the contract for a total of $317,000.00 and to initiate and sign change orders to the extended contract, provided that the contracted cost of resurfacing and milling shall remain within the budget.
This the 14th day of June, 1999.
A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE AND PUBLISH A NOTICE OF THE TOWN’S INTENT TO ENTER INTO AN AGREEMENT TO LEASE 12 PARKING SPACES IN LOT #6 WITH BROWN & BUNCH (99-6-14/R-11)
WHEREAS, the Town owns and operates Parking Lot #6 on West Rosemary Street which has 12 monthly rental spaces available; and
WHEREAS, Brown & Bunch, Attorneys and Counselors at Law has leased all 12 parking spaces in this lot since 1993 and has requested that the Town renew this agreement for the use of employees and clients of Brown & Bunch;
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 enter into an agreement with Brown & Bunch under terms and conditions which are substantially the same as those in the following draft agreement:
STATE OF NORTH CAROLINA AN AGREEMENT FOR
COUNTY OF ORANGE LEASE OF PARKING SPACES
An agreement for the lease of parking spaces in Town of Chapel Hill Parking Lot #6, dated the ___ day of July 1999, by and between the Town of Chapel Hill, a North Carolina Municipal Corporation, (hereinafter referred to as "Town"), and Brown & Bunch Attorneys and Counselors at Law, a North Carolina Partnership, (hereinafter referred to as "Brown & Bunch").
WITNESSETH:
WHEREAS, the Town owns and operates Parking Lot #6 on Rosemary Street which has twelve monthly rental spaces available; and
WHEREAS, Brown & Bunch owns and leases property in the downtown area, and has leased this lot from the Town since July 1, 1993;
NOW THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE MUTUAL COVENANTS SET OUT BELOW, THE TOWN AND BROWN & BUNCH AGREE AS FOLLOWS:
1. The term of the agreement will be for two years beginning on July 1, 1999 with an option to renew the agreement with revised parking rates, for one additional year.
2. Lot #6 contains space for 12 vehicles. The annual payment per space for Brown & Bunch will be at the rates adopted by the Town Council as part of the annual budget process for determining rates for all monthly rental parking owned by the Town. The Council may change these rates at any time. As of July 1, 1999 these rates will be $780 per space per year. This is a total of $9360 per year for all 12 spaces.
3. Payments will made by Brown & Bunch on a monthly basis by the 1st of each month for which the payment is due. Payments will be $780, which is 1/12th of the annual rate for all spaces leased.
4. Brown & Bunch assumes responsibility to monitor unauthorized parking in the lot.
5. Brown & Bunch may not sublet these spaces or authorize parking in this lot to anyone other than employees and tenants of Brown & Bunch.
6. The Town will be responsible for maintenance of the lot.
7. This agreement including any references and attachments constitutes the entire agreement between the parties hereto and shall be amended only by written modification executed by both parties.
8. Either party may terminate this agreement for any reason with 180 days written notice given to the other party. Additionally, this agreement may be terminated by either party for cause, in the event of such a violation of the terms of the agreement. In such case, the termination would occur upon 30 days notification to the other party of the breach of the agreement and failure to take corrective action on the violation.
IN WITNESS WHEREOF, the Town and Brown & Bunch have executed this Agreement as of the date first written above.
TOWN OF CHAPEL HILL BROWN & BUNCH
------------------------------------------------------- -----------------------------------------------
Town Manager
Attest: --------------------------------------------- Attest: ----------------------------------------
Town Clerk
Town Attorney
This agreement has been preaudited in accordance with the Local Government Fiscal Control Act.
----------------------------------
Finance Director
------------------------------------------
Director of Transportation
This the 14th day of June, 1999.
A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT FOR PROVIDING COORDINATED SITE AND FACILITY PLANNING (99-6-14/R-12)
WHEREAS, the Council has long been concerned about planning jointly with the Chapel Hill-Carrboro School Board for new schools; and
WHEREAS, by assigning individual and mutual responsibilities we can improve coordination among the Schools Boards, Towns, and Orange County;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves this Memorandum of Agreement for Providing Coordinated Site and Facility Planning dated June 14, 1999; and authorizes the Mayor or the Town Manager to execute the Agreement on behalf of the Town of Chapel Hill.
This the 14th day of June, 1999.
WHEREAS, Senate Bill 1164 is titled “An Act to Establish Consolidated Planning Organizations Under State Law;” and
WHEREAS, the purpose of Senate Bill 1164 is to ensure that Metropolitan Planning Organizations are established under State law in a matter consistent with federal law; and
WHEREAS, another stated purpose of Senate Bill 1164 is to encourage better regional planning; and
WHEREAS, to the extent possible, in accordance with Senate Bill 1164 only one Metropolitan Planning Organization would be designated for each region; and
WHEREAS, two Metropolitan Planning Organizations currently exist in the Triangle Region, the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) and the Capital Area Metropolitan Planning Organization (CAMPO); and
WHEREAS, the DCHC MPO is comprised of representatives from the City of Durham, the Towns of Chapel Hill, Carrboro, and Hillsborough, the Counties of Durham, Orange, and Chatham, and NC Department of Transportation; and
WHEREAS, CAMPO is comprised of representatives from Wake County, the municipalities
in Wake County and NC Department of Transportation; and
WHEREAS, the MPO is responsible for the development of the area’s long range Transportation Plan and multi-year Transportation Improvement Program; and
WHERAS, the DCHC MPO and CAMPO currently work cooperatively on regional transportation issues; and
WHEREAS, the Chapel Hill Town Council was not consulted before the proposed MPO legislation was introduced; and
WHEREAS, the Chapel Hill Town Council is concerned about the philosophy and initiatives of the DCHC MPO would be subsumed or diminished in the context of a regional MPO dominated by Raleigh and Wake County; and
WHEREAS, Senate Bill 1164 would affect project implementation and air quality conformity issues that may negatively impact Chapel Hill;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that:
1. The Council does not support Senate Bill 1164.
2. The Council does support the concept of regional planning
3. The issue of regional planning and the consolidation of Metropolitan Planning Organizations be referred to a study commission for further analysis and that:
a. The objectives of the study commission be clearly stated;
b. The consequences (both positive and negative) of Senate Bill 1164 or any other related legislation be clearly identified; and
c. Affected MPO’s and local jurisdictions be consulted as part of the study commission process.
This the 14th day of June, 1999.
Council Member Brown removed 5a and requested that Warren Faircloth, or someone on his staff, address this issue at a Council meeting before the Council adjourned for the summer.
Council Member Foy noted that there was more to discuss than just erosion control issues. He said that the Council might, for example, need to amend the Development Ordinance.
Council Member Brown said that she did not intend to limit the discussion and would like Mr. Faircloth to address other issues as well.
Mayor Waldorf suggested scheduling the meeting for June 28th, if Mr. Faircloth was available.
Council Member Foy recommended that the Council address items 5f and 5g because in both cases the Manager had asked for the Council’s direction.
Mayor Waldorf advised removing them and putting them on a future agenda. Council Member Foy agreed.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO DEFER DISCUSSION OF ITEM 5a TO JUNE 28TH, AND TO PLACE ITEMS 5f AND 5g ON A FUTURE AGENDA. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
a. Nominations
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO NOMINATE ALL OF THE APPLICANTS. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Nominations were made to the following boards and commissions:
|
Board of Adjustment |
Human Services Advisory Board |
|
Chapel Hill Public Arts Commission |
Library Board of Trustees |
|
Community Design Commission |
Parks and Recreation Commission |
|
Greenways Commission |
Pay As You Throw Advisory Group |
|
Housing and Community Development |
Personnel Appeals Committee |
Advisory Board |
Walks and Bikeways Commission |
Council Member Brown noted that she had given other Council Members a copy of her requested changes to the charge of the Pay As You Throw Advisory Group. She asked that they read and consider it.
Mayor Waldorf suggested that the Council discuss these requested changes on the evening that they make appointments to the Pay As You Throw Advisory Group. Council Member Brown agreed.
b. Appointments
1. Board of Adjustment
The Council appointed Nancy Feder (received 7 votes from Mayor Waldorf and Council Members Bateman, Brown, Capowski, Foy, Pavăo, and Wiggins) and Janet McLamb (received 6 votes from Mayor Waldorf and Council Members Brown, Capowski, Foy, Pavăo, and Wiggins) to the Board of Adjustment. No other applicant received the required 5 votes for appointment. Applicants will be reconsidered on June 28th.
2. Chapel Hill Public Arts Commission
Mayor Waldorf, referring to a letter from Ms. Nancy Preston, Chair of the Public Arts Commission, asked if there was interest in appointing Joan Page to the Public Arts Commission.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO APPOINT MS. PAGE TO THE PUBLIC ARTS COMMISSION BY ACCLAMATION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
3. Greenways Commission
The Council appointed Audrey Booth (received 6 votes from Mayor Waldorf and Council Members Bateman, Brown, Foy, Pavăo and Wiggins) and Joe Herzenberg (received 7 votes from Mayor Waldorf and Council Members Bateman, Brown, Capowski, Foy, Pavăo and Wiggins) to the Greenways Commission.
4. Parks and Recreation Commission
Mayor Waldorf explained that she had received a request from the Parks and Recreation Department that the Council not appoint anyone to the Commission this evening because they had not had enough time to receive a sufficient number of applicants. The Council deferred voting until June 28th.
5. Transportation Board
After ballots were counted, no applicant received the required 5 votes. Applicants will be reconsidered on June 28th.
Mayor Waldorf asked, in response to comments made by Council Members Wiggins and Foy, Mr. Horton to send a letter to the chairs of all the advisory boards asking them to send recommendations, including the basis for their recommendations, along with their nominations.
David Bonk, Transportation Planner, explained that this year’s program would differ from last year’s in that the prohibition against fueling vehicles would start at 8:00 a.m. rather than 7:00 a.m. He added that the Transportation Department was not recommending that the Town provide the transit service that it provided last year as part of the program.
Mayor pro tem Capowski asked what the basis was for the recommendation not to continue free fare on ozone red and orange days. Mr. Bonk replied that the Manager was concerned about two things: first, the Town had not gotten an agreement last year from either the North Carolina Department of Transportation (NCDOT) or the Division of Air Quality for reimbursement. He added that only NCDOT funded it last year, but this was not going to happen again because the Division of Air Quality had no money and NCDOT would not fund it unless the Division of Air Quality did as well.
Mr. Bonk stated that the second reason staff were not recommending free fare was that an analysis at the end of the year did not show any significant increase in ridership. He added that there also were inequities—such as, those who had yearly passes did not benefit from free services as those who paid cash did.
Mayor pro tem Capowski argued that the Town ought to continue the free fares on red and orange days even if it was not reimbursed.
MAYOR PRO TEM CAPOWSKI MOVED TO CONTINUE FREE FARES ON RED AND ORANGE OZONE ALERT DAYS.
Mayor Waldorf asked what that would cost the Town. Mr. Horton replied $27,000 if Carrboro and the University continued to elect not to participate.
COUNCIL MEMBER FOY SECONDED THE MOTION.
Council Member Brown asked how this would affect the budget. Mr. Horton replied that it would be one tenth of a cent on the tax rate in the 1999-2000 budget, plus some costs in the remainder of this fiscal year.
Council Member Wiggins asked if Mayor pro tem Capowski wanted the staff to look at the “equity issue” for those who had already purchased bus passes. Mr. Horton said he did not have an immediate solution but would be glad to consider options.
Council Member Bateman said that she could not support the motion because $27,000 was a significant amount of money to spend with no resulting increase in ridership.
Council Member Foy asked Mr. Bonk why the Town was not planning to place air quality messages on buses. Mr. Bonk replied that doing so might imply that the Town would have the program in place this year.
Council Member Foy asked how the program had been publicized. Mr. Bonk explained that notices had been sent to newspapers and to target employers.
Council Member Foy asked how many fewer days would be needed if it were implemented only on red alert days. Mr. Bonk stated that it would be 25% or less of what it was now.
Mayor pro tem Capowski said that the quality of air was worth more than $27,000 and the Town should have this program for as many days as it could.
Council Member Foy suggested using some of the money for promotion in order to build up awareness and ridership.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO OFFER FREE FARES ON RED ALERT DAYS AND TO SPEND A MINIMUM OF $3000 IN ADDITIONAL FUNDS FOR PROMOTION. THE SUBSTITUTE MOTION WAS ACCEPTED AS THE MAIN MOTION (6-1), WITH MAYOR PRO TEM CAPOWSKI VOTING NAY.
THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION APPROVING CHANGES TO THE TOWN’S AIR QUALITY AWARENESS RESPONSE PROGRAM (99-6-14/R-14)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the 1999 Air Quality Awareness Response Program, as amended on June 14, 1999, as described in the Town Manager’s May 24, 1999 memorandum to the Town Council.
BE IT FURTHER RESOLVED that the Council allocates additional funds, not less than $3,000, to promote awareness of red ozone alert days.
This the 14th day of June, 1999.
Council Member Brown asked if anyone was interested in looking into longer-term solutions, such as less- or non-polluting fuel vehicles to eventually replace the Town’s fleet. Mr. Horton replied that the Town had begun some work in that direction and that he would recommend pursuing it.
Council Member Brown suggested adding this as a bullet.
COUNCIL MEMBER BROWN MOVED, SECOND BY COUNCIL MEMBER FOY, TO ADD “ESTABLISH A PROCESS TO INVOLVE CITIZENS, STAFF AND ALTERNATIVE FUEL EXPERTS TO EXAMINE AND MAKE RECOMMENDATIONS FOR ALTERNATIVE FUELS AND ALTERNATIVE FUEL VEHICLES WHICH ARE NON-POLLUTING FOR THE POSSIBILITY OF EVENTUAL REPLACEMENT OF THE TOWN’S FLEET.” THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
George Small, Engineering Director, said that the request from Mickey Ewell of Kenmore Road was a standard request. He said that the Department had looked at the intersection, speed limit, and stop sign policy, and did not recommend placing a stop sign at this location. Mr. Small stated that he had included an ordinance with the memorandum, if the Council decided to put a stop sign there.
Mr. Ewell, explained that members of his neighborhood had been concerned about the increase in traffic ever since the new high school opened on Weaver Dairy Road. He noted that everyone in the neighborhood had signed a petition, except those who had not been home. Mr. Ewell explained that there were 30 children in close proximity to that intersection and the neighbors were concerned about the speed of cars coming down the hill.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 4.1. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES
(99-6-14/O-4.1)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That Section 21-13(c) of the Town Code of Ordinances, “right-of-way and stop regulations” is amended by inserting the following therein appropriate alphabetical order:
Intersection
Kenmore Road/Saddle Ridge/Bridle Run
SECTION II
This ordinance shall become effective July 1, 1999.
SECTION III
All ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 14th day of June, 1999.
Item 9 — Visualization of Development Proposals
Roger Waldon, Planning Director, said that the accuracy and the reliability of visualizations varied almost directly with costs. He added that a number of private entrepreneurial organizations and institutions—such as the NC State School of Design and MIT—used this technology to help inform public decision making.
Mr. Waldon discussed the ways in which visualization could show how changing or adding buildings and houses could change an area and what the topography would look like if a road and houses were added to an area. He pointed out that these images could help communities design street widths by showing what the area would look like if streets were widened or narrowed. Mr. Waldon said that the technology could also show how it would look if sidewalks were added or setbacks were varied.
Mr. Waldon explained that visualization could replace architectural renderings for development review and could help test out scenarios for the Comprehensive Plan. He added that visualization could also assist with special studies—such as streetscapes or signage.
Mr. Waldon noted that visualization needed to be looked at critically. He cautioned that when these images were used for development review their usefulness could vary depending on the context. Mr. Waldon said that the appearance of a proposed development might or might not be relevant in the evaluation of a project given its regulatory context.
Mayor pro tem Capowski noted that there was a 4-1/2 story building facing Breadmen’s front door. He pointed out that the Town might have required the architect to modify that if they had seen a visualization showing that impact. Mayor pro tem Capowski noted that the Rosemary Street Parking Deck did not look much like it did in the artist’s rendering. He added that it was more informative to see a visualization of traffic than to just hear statistics about it.
Mayor Waldorf suggested having a couple of Council Members and a couple of Community Design Commission members sit down and work with Mr. Waldon to discuss which of these approaches might be useful to the Town and how much they might cost.
Council Member Bateman suggested including someone from the Planning Board.
Mayor pro tem Capowski suggested adding someone from the Technology Committee.
Council Members Brown and Capowski volunteered to represent the Council.
Mr. Horton suggested scheduling this in the fall.
J. B. Culpepper, Development Coordinator, said that the Town had very strict standards in the development ordinance for freestanding telecommunication towers. She explained that the Town had been administratively approving these accessory antennas since 1997. Ms. Culpepper said that, for the most part, it had been going well, and discussed nine accessory antennas which had been administratively approved. She stated that the staff offered two options and encouraged the Council to adopt Resolution 15a, which asked the staff to return to the Council with guidelines for staff approval of antennas.
Mayor pro tem Capowski said that the antenna on the Culbreth School overwhelmed the original use, which was lights. He asked Ms. Culpepper why she had not questioned it, noting that the staff had had misgivings about approving that accessory use. Ms. Culpepper replied that the staff had used visualization provided by the applicant. She acknowledged that the final structure looked different now that it was in place.
Mayor pro tem Capowski asked her if she felt she had been misled by the applicant. Ms. Culpepper replied that she wished she had asked for more information during the review.
Mayor pro tem Capowski pointed out that the phrase “an elevated and highly visible substantial mass” was important, especially when it was above the trees and visible for miles. He commented that the antenna on the Friday Center would be less visible if the cables leading up to it were gray rather than black.
MAYOR PRO TEM CAPOWSKI MOVED TO ADOPT RESOLUTION 15a.
Council Member Foy asked about the tower at Cleland Road. Ms. Culpepper replied that the tower was located within the public right-of-way, adding that the Council had approved it as part of a franchise agreement with BellSouth. It did not go through the development ordinance regulations, Ms. Culpepper explained, because the Council had negotiated directly with Bell South.
COUNCIL MEMBER BROWN SECONDED THE MOTION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION DIRECTING THE TOWN MANAGER TO DEVELOP GUIDELINES FOR ADMINISTRATIVE APPROVAL OF ACCESSORY ANTENNA (99-6-14/R-15a)
WHEREAS, the Chapel Hill Town Council has expressed concern about the accessory transmission towers approved recently; and
WHEREAS, the Town Council has indicated a desire to develop guidelines for administrative approval of accessory antennas;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to develop guidelines for administrative approval of accessory antenna for review by the Town Council.
This the 14th day of June, 1999.
Mayor Waldorf suggested that the discussion be scheduled for July 7th. Council Member Brown agreed.
Mayor Waldorf also pointed out that this would not be a public hearing.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE COUNCIL SCHEDULE DISCUSSION OF POTENTIAL TRIANGLE TRANSIT AUTHORITY MASS TRANSIT TECHNOLOGIES FOR JULY 7TH. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Kenneth Broun noted that the Town Library was much loved and much used. He said there were enough books, if the Town’s population did not grow. Mr. Broun pointed out that the non-print collection was inadequate, that the library was deficient in technology, and that it was deficient in trying to meet the needs of non-English speaking members of the community. He said that the Library needed more resources, particularly more space.
Mr. Broun explained that a Carolina Pulse Poll of 515 people found that 57% had used the library at least once in the past year. He said the poll also found that 73% had checked out books, 51% wanted access to computerized reference materials, and 43% wanted library access to the Internet. Mr. Broun noted that there would be an increase in University population as well as non-English speaking population. He added that there would continue to be a high education level in the community.
Mr. Broun said the Task Force’s analysis of the local economy did not foresee significant growth in the business and industrial base by 2005. He reported that public resources would be pressured to pay for increased service demands. Mr. Broun said that the gap between the haves and the have-nots would increase. He added that there would be an increased use and expected availability of technology and an increased demand for public meeting space.
Mr. Broun reported that the Task Force’s
assessment of the library’s collection, staff, facilities and technology measured
its levels of current and future service and compared it to other libraries
in North Carolina. He said that they found heavy community use and support,
high service expectations from patrons, strong print collection, excellent staff,
and a building capable
of being expanded. Mr. Broun said the Task Force also noted that there were
minimal technology resources, minimal non-print collections, a minimal non-English
print collection, no adult programming, and future space and staffing problems.
Mr. Broun concluded that the demand for library services outpaced current library resources and would continue to do so. He noted that future library technology services represented a resource planning and allocation challenge. Mr. Broun stated that an increasingly diverse population might require services (foreign language materials, language skills, adult programs, for example) in addition to those currently offered. Mr. Broun noted that the current facility already was inadequate for meeting the space needs of the library.
Mr. Broun listed two options: first, maintain current levels of service with projected population increase, which would mean adding 5.25 full-time employees and 1,833 more square feet, at an annual cost of $177,950, including $17,850 in capital expenditures; and, second, expanding current levels of service to meet what the Task Force saw as the real needs of the community in light of the State guidelines, which would mean adding 13.5 full-time employees and 5,385 more square feet of space, at an annual cost of $457,826, including $87,350 in capital expenditures.
Mr. Broun noted that the Task Force also recommended that a professional consultant be selected to advise the Town on long-term library space needs.
Mayor Waldorf asked Mr. Broun what would be a good way to apprise the County Commissioners of these needs and to bring them along in the process. Mr. Broun, noting that 46% of library use was by Orange County residents outside of Chapel Hill, recommended sending the County Commissioners a copy of the Library Needs Assessment Report.
Council Member Foy pointed out that Franklin County, which had about the same population as Chapel Hill, received $114,000 in State aid, compared to Chapel Hill’s $35,000. He said he assumed that this was because of some formula that gave counties more money than municipalities. Kathy Thompson, Library Director, explained that State aid was given in block grants to counties and to regional libraries, adding that there was a portion of State aid determined on need. Ms. Thompson explained that Chapel Hill’s need was determined to be less than Franklin County’s.
Council Member Foy noted that the materials submitted by the Task Force indicated that Charlotte put $2,500 a year into libraries while the county put in $16 million. He suggested pointing out to those in Orange County government that Chapel Hill was taking up a lot of the slack and needed help.
Mayor pro tem Capowski asked if municipal libraries were unusual in North Carolina. Mr. Broun replied that there were many more county and regional libraries.
Mayor pro tem Capowski stated that every year that he had been on the Council someone had asked the County for financial help, and every year it received a little more. He asked if the Task Force had tried to find a good way to present numbers to the County to get more support. Mr. Broun replied that they did discuss this but made the decision that this was beyond the scope of their charge.
Mayor Waldorf suggested asking the Manager and the Library Board of Trusees to begin strategizing about how to meet future library needs in a more equitable fashion, with County participation.
Mayor pro tem Capowski suggested pointing out that the Town was meeting some of the library needs of the school system.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 16, AS AMENDED TO INCLUDE A REQUEST THAT BOTH THE LIBRARY BOARD OF TRUSTEES AND THE STAFF LOOK AT THE ISSUE OF COUNTY FUNDING IN THIS CONTEXT. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION REFERRING THE REPORT FROM THE LIBRARY NEEDS ASSESSMENT TASK FORCE TO THE MANAGER AND THE LIBRARY BOARD OF TRUSTEES FOR COMMENT (99-6-14/R-16)
WHEREAS, on October 13, 1997, the Town Council appointed a Library Needs Assessment Task Force to “study what the community wants from its public library and the library’s short and long-term service needs”, and;
WHEREAS, the Library Needs Assessment Task Force has submitted its report to the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the report from the Library Needs Assessment Task Force to the Manager, staff and the Library Board of Trustees for comment.
This the 14th day of June, 1999.
Mayor Waldorf noted that the budget items for consideration were arranged in order of low to increasing priority. She pointed out that, because two Council Members were absent, any ordinances would need six votes on the first reading for adoption.
a. Downtown Service District Tax Boundary
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION REMOVING PROPERTY FROM THE DOWNTOWN SERVICE DISTRICT BY MODIFYING THE DOWNTOWN SERVICE DISTRICT TAX BOUNDARY (99-6-14/R-17)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council removes the property indicated by the attached map from the Downtown Service District.
This the 14th day of June, 1999.
b. Applications for Federal and State Grants for Public Transit
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 18. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, FOR GRANTS UNDER TITLE 49, UNITED STATES CODE OF THE FEDERAL TRANSIT ACT, AS AMENDED (99-6-14/R-18)
WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation program of projects; and
WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and
WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that in connection with the filing of applications for assistance under the Federal Transit Act, as amended, the applicant files an assurance that it will comply with the Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and
WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contacts, or consultant and other services;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill:
1. That the Town Manager is authorized to execute and file applications on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and the North Carolina Department of Transportation, to aid in the financing of operating, capital and planning assistance projects pursuant to Section 5303 and 5307 of the Federal Transit Act, as amended.
2. That the Town Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964.
3. That the Town Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications for the program of projects and budget.
4. That the Town Manager is authorized to set forth and execute affirmative minority business policies in connection with the project’s procurement needs.
5. That the Town Manager is authorized to execute grant agreements on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and N.C. Department of Transportation in aid in the financing of the operating, capital, and planning assistance program of projects.
This the 14th day of June, 1999.
c. Contracts with the University and the Town of Carrboro for Provision of Public Transportation Services
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 19. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS WITH THE UNIVERSITY OF NORTH CAROLINA, AND THE TOWN OF CARRBORO IN 1999-2000 (99-6-14/R-19)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Town Manager to execute on behalf of the Town, and in accord with adopted Memoranda of Understanding for transit services, contracts with the University of North Carolina and the Town of Carrboro for the Town to provide them public transportation services, provided said contracts shall not increase the cost of the Town of Chapel Hill transit services above the Town’s budgeted amounts and are substantially in accord with the adopted budget of the Town of Chapel Hill.
This the 14th day of June, 1999.
d. User Fee Policies
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 20. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION ADOPTING USER FEE POLICIES AND SCHEDULES FOR VARIOUS TOWN DEPARTMENTS (99-6-14/R-20)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts, effective July 1, 1999, the attached user fee policies and schedules as submitted by the Town Manager on June 14, 1999:
Administration – Town Council Agenda Packet Fees
Engineering –
Inspections Fee Policy
Municipal Cemetery Fees
Fire Department Permit Fee Policy
Inspections Department –
Building Permit Fees
Electrical Permit Fees
Mechanical and Plumbing Fee Schedules
Library – Schedule of Fines and Fees
Parks and Recreation –
User Fee Policy
Request for Fee Reduction Application
Planning – Development Review Fees
Police – Fee Policy
Public Works –
Field Operations Street Cut Policy
Sanitation Services Policy and Disposal Fees
Solid Waste – Orange Regional Landfill Fee Schedule
Transportation –
General Users Fee Policy
Bus Card Advertising Rates
Bus Pass and Ticket Price Schedule – “A” Pass
Bus Pass and Ticket Price Schedule – “L” Pass
Charter Rates
Monthly Rental Parking Rates
Municipal Parking Lot Rates
Transit Fare Schedule
User Fee Refund and Waiver Policy
This the 14th day of June, 1999.
e. Parking Violation Rates
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
BE IT ORDAINED by the Council of the Town of Chapel Hill:
Section 21-29 of the Town Code is rewritten as follows:
“Sec. 21-29. Parking meter zones.
Parking meter zones are hereby established in the areas and public streets hereinafter described and designated, and the manner of and period of time for parking within said parking zones shall be as follows:
(a) East Franklin Street, south side:
One hour Two-hour parking
from a point one hundred twenty (120) feet east of Old Fraternity Row to Henderson
Street.
Two-hour parking from Henderson Street to a point six hundred (600) feet east of Henderson Street.
(b) East Franklin Street, north side:
One hourTwo-hour parking
from Columbia Street to Henderson Street, except for one fifteen-minute space
at the post office.
One-hour parking from a point four hundred three (403) feet east of the east curbline of South Columbia Street to a point four hundred twenty-five (425) feet east of said curbline, for the parking only of motor scooters, motorcycles and two-wheeled motorized vehicles.
(c) West Franklin Street, south side:
Two-hour parking from Mallette Street to Graham Street.
(d) West Franklin Street, north side:
Two-hour parking from the intersection with Kenan Street to Graham Street.
(e) North Columbia Street, west side:
One hourTwo-hour parking
from Rosemary Street to a point ninety-three (93) feet to the south.
(f) Henderson Street, east side:
One hourTwo-hour parking from
Rosemary to a point one-hundred seventy-six (176) feet south of Rosemary Street.
The two (2) spaces nearest Franklin Street are to be used only as a commercial
loading zone.
(g) Henderson Street, west side:
Fifteen-minute parking from a point thirty-nine (39) feet north of East Franklin Street to a point eighty (80) feet north of East Franklin Street. Two-hour parking from the point eighty (80) feet north of East Franklin Street to the intersection with Rosemary Street.
(h) South Roberson Street, east side:
One hourTwo-hour parking
between the southern right-of-way line of Franklin Street and a point one hundred
fifty (150) feet southwardly therefrom.
(i) Pritchard Avenue, west side:
Two-hour parking from Rosemary Street to point two hundred (200) feet north of Rosemary Street.
(j) South Graham Street, both sides:
Two-hour parking from Franklin Street to a point three hundred forty (340) feet south of Franklin Street.
(k) North Graham Street, both sides:
Two-hour parking from Rosemary Street to Franklin Street.
(l) West Rosemary Street, north side:
Two-hour parking from Roberson Street to a point six hundred (600) feet west of Church Street.
(m) North Roberson Street, west side:
Two-hour parking from Franklin Street to Rosemary Street.”
Section 21-38 of the Town Code is rewritten as follows:
“Sec. 21-38. Civil penalties
(a)
The penalty for any violation of sections 21-29, 21-30, 21-31, 21-32,
21-33, and 21-37.1 shall be ten dollars ($10.00) fifteen dollars ($15.00).
(b) The penalty for any violation of sections 21-36, 21-38(i), 21-28(k) Obstruction of Fire Lane shall be one hundred dollars ($100.00).
(c)
The penalty for violation of any other parking regulations of Articles IV and
V of Chapter 21 of this Code shall be twenty-five dollars ($25.00) forty
dollars ($40.00).
(d) Upon receiving a citation, serving as notice of a violation of the parking regulations set forth in this chapter, the owner or operator of the vehicle found in violation shall be responsible for the penalties herein established.
(e) Any penalty for a parking violation that is not paid within fifteen (15) days of issuance will accrue an additional penalty of five dollars ($5.00) per fifteen (15) days it remains unpaid.
(f)
The maximum total combined fine and penalties for a ten dollar ($10.00)
fifteen dollar ($15.00) violation shall be thirty dollars ($30.00)
thirty-five ($35.00). The maximum total combined fine and penalties
for a twenty-five dollar ($25.00) forty dollar ($40.00) violation
shall be forty-five dollars ($45.00) sixty dollars ($60.00).
The maximum total combined fine and penalties for a one hundred dollar ($100.00)
violation shall be one hundred twenty dollars ($120.00). When the maximum is
reached for either a single violation or more than one violation for the same
owner or operator, he/she will be notified in writing of the intent of the town
to pursue claims through appropriate civil action or through referral to a collections
agency. One a civil action is initiated, any fees involved in the civil action
will be added to the settlement in each action.
(g) The penalties imposed under this section shall be collected solely as civil penalties and no parking penalties or fines provided in Articles IV and V of Chapter 21 of this code shall be enforced through criminal misdemeanor or infraction process. This section shall not be construed as limiting any authority of the town to tow or remove any vehicle violating any provision of Chapter 21 for which said removal is otherwise authorized and to charge the owner of such vehicle with the costs of removal and storage in accordance with the process and procedures contained in this chapter.”
This ordinance change shall become effective July 5, 1999.
All ordinances and portions of ordinances in conflict herein are hereby repealed.
This the 14th day of June, 1999.
f. 1999-2004 Capital Improvements Program
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 21. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION APPROVING THE 1999-2004 CAPITAL IMPROVEMENTS PROGRAM (99-6-14/R-21)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Manager’s Recommended 1999-2004 Capital Improvements Program as described in the memorandum dated June 14, 1999 with the following projects to be included in the Operating Budget ordinance for 1999-2000 from the capital improvements fund:
|
1999-2000 |
1999-2000 New |
|
|
PROJECTS: |
Reappropriation |
Appropriation |
|
Building Condition Assessment |
0 |
10,000 |
|
Cemetery Beautification |
25,000 |
10,000 |
|
Curb Repairs: ADA Compliance |
0 |
25,000 |
|
Energy Efficiency Projects |
58,000 |
25,000 |
|
Extraordinary Maintenance |
39,000 |
35,000 |
|
Fire Apparatus Station #5 |
0 |
60,000 |
|
Fire Station HQ Ramp Replacement |
85,000 |
40,000 |
|
Fire Training Facilities Renovations |
158,000 |
50,000 |
|
Fire Truck Payment for Engine 32 |
0 |
55,000 |
|
Fuel Storage Tank Replacement |
5,000 |
0 |
|
Hargraves Center Renovations |
0 |
50,000 |
|
Greenways |
95,000 |
104,000 |
|
Sidewalk/Bikeways |
152,000 |
60,000 |
|
Small Park Improvements |
42,000 |
50,000 |
|
Streetscape |
5,000 |
0 |
|
Tennis Court Reconstruction |
60,000 |
60,000 |
|
Traffic Calming |
40,000 |
0 |
|
CAPITAL FUNDING TOTAL: |
764,000 |
634,000 |
|
GRAND TOTAL 1999-00 |
1,398,000 |
This the 14th day of June, 1999.
g. Health Insurance for Part-Time Employees
Mayor pro tem Capowski inquired about the least number of hours that a person needed to work to be eligible for Town employee health insurance. Mr. Horton replied that it was half time and that it was on a proportional basis.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 6. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL (99-6-14/O-6)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
SECTION I
Section 14-59 of the Town Code is rewritten as follows:
"Sec. 14-59 Group Health and Hospitalization Insurance.
(a) Full-time employees:
The Town will provide full-time employees group hospitalization insurance including
family coverage and pay the total cost of the base plan for the individual employees.
Employees will pay a portion as annually determined by the Town Council of
the cost of coverage for other members of their families if they desire such
coverage. and the Town will share equally in the cost of the base plan for
dependent coverage if employees desire to purchase such coverage for family
members.
(b) Part-time employees: Part-time
employees may, if they so desire, purchase group hospitalization insurance through
the Town, either for themselves of for themselves and their families. Half
the cost of individual coverage and half the cost of the base plan to a full-time
employee of the family shall be paid for by the employee (with the remainder
of the cost being paid by the Town.)
(1) Where assigned part-time hours are equivalent to 50-74% of a full-time position, the Town will pay half the cost of individual coverage and a proportional amount of the full-time employee share for dependent coverage.
(2) Where part-time hours are equivalent to 75% or more of a full-time position, the Town will pay 75% of the cost of individual coverage and a proportional amount of the full-time employee share for dependent coverage.
Provided, however, that where a part-time employee has worked an average work week of more than 37.5 hours for two quarters, consecutive or non-consecutive, in a 12 month period, the employee will be eligible to receive health insurance coverage as if he or she were in a full-time position. Health insurance would continue at the full-time employee rate for at least 12 months. After at least 12 months, employees' average work weeks would be reviewed during the next period of open-enrollment for health insurance to determine continued eligibility for full-time health coverage. An employee would remain eligible for coverage as long as he/she continues to work an average of at least 35 hours a week. The same principles will apply where a part-time employee has worked an average work week of between 30 and 35 hours for two quarters, consecutive or non-consecutive, in a 12 month period; that employee would receive coverage for 75% of the individual health insurance premium and proportional coverage for the dependent health insurance premium.
(c) Notification: Information concerning the cost and benefits of the insurance program shall be available to all employees through the Personnel Office. No changes will be made in the cost, benefits, or coverage of the program without notification to all covered employees.
The Town complies with all applicable provisions of the Federal Consolidated Omnibus Budget Reconciliation Act ("COBRA") concerning coverage for former employees and dependents. "
SECTION II
This ordinance shall be effective September 1, 1999.
This the 14th day of June, 1999.
h. Collection and Analysis of Labor Market Data
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 22. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION REGARDING SALARY SURVEYS AND WAGES (99-6-14/R-22)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the following policies will apply in determining market comparability of Town positions:
(1) Data Collection: The primary governmental organizations which shall be surveyed and considered in determining labor market and pay comparability of positions of the Town are:
The State of North Carolina (especially UNC-CH campus and hospital), Durham, Durham County, Orange County, Carrboro, OWASA, Raleigh, Cary, and Wake County
Local governments in other parts of the State of North Carolina or in other states in the region may be surveyed and data from these organizations considered in determining comparability of managerial and specialized positions.
Data from private industry and from other organizations will be obtained and considered to the extent such data is made available to the Town.
(2) Data analysis: The approximate third quartile of market data shall be used to determine local market comparability for Town positions.
(3) Other: Salary policies are subject to modification by Council at the time any budget is adopted or at other times as determined by the Council
Previous policies or resolutions in conflict with this resolution are hereby repealed.
This the 14th day of June, 1999.
i. Salary Steps within the Town’s Pay Structure
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT ORDINANCE 7. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL (99- 6-14/O-7)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
SECTION I
Section 14-18 of the Town Code is revised to read as follows:
" Sec. 14-18 Defined.
The pay plan includes the basic salary schedule adopted and amended by the town council. The salary schedule consists of minimum rates, intermediate salary steps, and range midpoints, also called Job Rate, and maximum rates of pay for all classes of positions, and a designation of the standard hours in the work week for each position. Salary increases within the pay range shall be based on performance."
SECTION II
Section 14-23 of the Town Code is revised to read as follows:
" Sec. 14-23 Salary Advancement.
Advancement within the salary range to a higher level of pay shall be at the recommendation of the department head, as approved by the manager or the manager's designee, based on the quality of the individual's work performance. Employees' performance will be evaluated at least annually and their eligibility for step increases (below the Job Rate) and merit increases (above the Job Rate) determined based on their performance and on policies developed by the manager. (Increases may be limited by budget or by policy.) "
SECTION III
This ordinance shall be effective November 1, 1999.
This the 14th day of June, 1999.
j. Classification and Pay Plan Effective July 1, 1999
Council Member Bateman asked for clarification that the full time maintenance position was responsible for security of the facility. Mr. Horton explained that that employee would be responsible for security for the hours that s/he worked.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT ORDINANCE 8. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
k. Classification and Pay Plan Effective November 1, 1999
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT ORDINANCE 9. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
l. 1999-2000 Operating Budget
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT ORDINANCE 10. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
BUDGET ORDINANCE
AN ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (99-6-14/O-10)
BE IT ORDAINED by the Council of the Town of Chapel Hill, the following appropriations are hereby made:
ARTICLE I
TOWN OPERATIONS
GENERAL FUND
Department Department Total
Mayor/Council 188,952
Town Manager 834,756
Personnel 575,482
Finance 1,029,161
Legal 224,194
Planning 950,604
Inspections 473,784
Engineering 875,385
Public Works 8,601,152
Police 7,374,635
Fire 3,485,489
Parks and Recreation 1,809,841
Library 1,631,721
Non-Departmental 3,694,844
GENERAL FUND TOTAL 31,750,000
OTHER TOWN FUNDS
Transportation Fund 6,251,486
Transportation Capital Reserve Fund 210,300
Debt Service Fund 2,190,000
Vehicle Replacement Fund 2,166,000
Public Housing Fund 1,405,619
Housing Loan Trust Fund 139,146
Neighborhood Revitalization Loan Fund 51,000
On-Street Parking Fund 543,000
Off-Street Parking Facilities Fund 1,019,640
Cablevision Public Access Fund 80,000
Library Gift Fund 35,000
Capital Improvements Fund 1,398,000
Capital Reserve Fund 600,000
Downtown Service District Fund 46,000
SUBTOTAL TOWN OPERATIONS 47,885,191
JOINT VENTURE (Chapel Hill, Orange County, Carrboro)
Landfill Fund 5,750,145
TOTAL TOWN AND JOINT VENTURE 53,635,336
ARTICLE II
It is estimated that the following revenues will be available during the fiscal year beginning July 1, 1999 and ending June 30, 2000 to meet the foregoing appropriations. It is determined that where estimated revenues are higher than the previous year, the increases were warranted.
TOWN OPERATIONS
General Fund Property Taxes 15,309,000
Other Taxes & Licenses 858,000
State-Shared Revenues 10,498,000
Grants 592,000
Charges for Services 722,000
Licenses/Permits/Fines 1,345,000
Interest on Investments 387,000
Other Revenues 229,000
Transfers/Other Sources 960,000
Fund Balance Appropriated 850,000
General Fund Total 31,750,000
OTHER TOWN FUNDS
Transportation Fund 6,251,486
Transportation Capital Reserve Fund 210,300
Debt Service Fund 2,190,000
Vehicle Replacement Fund 2,166,000
Public Housing Fund 1,405,619
Housing Loan Trust Fund 139,146
Neighborhood Revitalization Loan Fund 51,000
On-Street Parking Fund 543,000
Off-Street Parking Facilities Fund 1,019,640
Cablevision Public Access Fund 80,000
Library Gift Fund 35,000
Capital Improvements Fund 1,398,000
Capital Reserve Fund 600,000
Downtown Service District Fund 46,000
SUBTOTAL TOWN OPERATIONS 47,885,191
JOINT VENTURE (Chapel Hill, Orange County, Carrboro)
Landfill Fund 5,750,145
TOTAL TOWN OPERATIONS AND JOINT VENTURE 53,635,336
ARTICLE III
There is hereby levied the following tax on each one hundred dollars ($100) valuation of taxable property, located within the Town of Chapel Hill, as listed for taxes as of January 1, 1999 for the purpose of raising revenue from property tax as set forth in the foregoing estimates of revenues, and in order to finance the foregoing appropriations.
General Fund
(for the payment of expenses of
the Town of Chapel Hill) $0.524/100
Transportation Fund
(for the payment of expenses related to
transportation approved by referendum) $0.039/$100
TOTAL $0.563/$100
ARTICLE IV
There is hereby levied the following tax on each one hundred dollars ($100) valuation of taxable property located in the Downtown Revitalization Municipal Service District established by the Town Council's resolution of June 12, 1989:
Downtown Service District Fund $0.062/$100
This the14th day of June, 1999.
Mr. Waldon noted that the Council had heard on May 17th that modification of the Special Use Permit (SUP) was required because of significant changes to access and circulation around the building. He said that the staff recommended approval of the application.
Council Member Brown asked if concerns between the owner of the Kuralt Building and the Varsity Theater had been worked out. Mr. Waldon responded yes.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 23a. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE KURALT BUILDING AT 119 EAST FRANKLIN STREET (99-6-14/R-23a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Wallace Kuralt, on property identified as Chapel Hill Township Tax Map 80A, Lot 29, if developed according to the plans identified as Sheets A1, A2 and A3 dated March 8, 1999 (first sheet stamped received March 29, 1999) and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the Special Use Permit Modification in accordance with the plans listed above and with the additional conditions listed below:
Stipulations Specific to the Development
1. That construction begin by June 14, 2001 and be completed by June 14, 2002.
2. Relationship to 1993 Special Use Permit: That this approval authorizes a change to two second story doors located on the east side of the building, to allow entrance and exits to/from the building at these additional locations. This authorization is intended to be in addition to the terms of the Town Council, February 22, 1993 Special Use Permit.
3. Land Use: That any proposal for "convenience-type business" use of the second or third floor shall require Town Council consideration and approval as a Special Use Permit Modification.
4. Alley Lighting: That the lighting plan for the public alley shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and the new alley lighting shall be operating prior to allowing entrance and exits on the public alley.
5. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company and the Town Manager prior to issuance of a Zoning Compliance Permit.
6. Transportation Management Plan: That prior to issuance of a Zoning Compliance Permit, the applicant shall prepare a Transportation Management Plan for approval by the Town Manager. The required components of the Transportation Management Plan shall include:
· Provisions for designation of a Transportation Coordinator;
· Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
· Quantifiable traffic reduction goals and objectives;
· Ridesharing incentives; and
· Public transit incentives.
7. Recordation of Encroachment Agreement: That prior to issuance of a Zoning Compliance Permit, the encroachment agreement between the Town and the owner of the building for the encroachment of the stairs into the public alley shall be recorded in the Orange County Register of Deeds Office.
8. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above; and on the continued compliance with the terms and conditions in the recorded encroachment agreement between the Town and the property owner for the encroachment of the stairway into the public alley. Further, the continued validity of this approval requires that the encroachment allowed by said agreement remain substantially as it currently exists.
9. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for the Kuralt Building at 119 West Franklin Street.
This the 14th day of June, 1999.
J.B. Culpepper, Development Coordinator, noted that this was a continuation of the May 17th public hearing on a Special Use Permit for a proposed 140,000 square foot facility to be located on Seawell School Road. She said that two key issues had arisen concerning sidewalks running down to Ironwoods and playing field lighting. Ms. Culpepper said that the staff found no evidence in the public hearing so far to support the sidewalk construction and that this was not in the resolution. She added that the staff had encouraged the school system to provide lighting for field #9. Ms. Culpepper noted that the staff had included a stipulation that would authorize the placement of a lighting conduit, but did not require that it be put in. She said that the staff recommended approval of Resolution 24a.
Council Member Brown asked if there was any way to stipulate that the building be constructed in the way that it had been presented to the Council. Ms. Culpepper replied that Resolution 24a referenced specific plans but did not reference the particulars of lighting, photovoltaic cells, heating, for example.
Council Member Brown asked for a guarantee. Ms. Culpepper suggested that the Council consider a stipulation that if those specific features were not included in the plan then the applicant would have to return to the Council.
Council Member Brown said that she would like to make that stipulation. Mr. Karpinos suggested asking the applicant if s/he were comfortable with that before going any further. Harvey Goldstein, Chair of the Chapel Hill-Carrboro School Board, replied that the school system would not have any objection to such a stipulation.
Mayor pro tem Capowski asked Mr. Goldstein if he would be willing to accept a stipulation to add sidewalks from the Smith Middle School going south. Mr. Goldstein replied that he would not accept that.
Ms. Culpepper offered a possible amendment to resolution 24a, inserting an additional stipulation that the building be constructed to include a lighting and a photovoltaic system as presented at the Council’s May 17, 1999 public hearing.
Council Member Brown asked to add “other energy efficient and renewable energy systems as presented by the applicant.”
Mr. Goldstein stated that he had thought the requested stipulation had been that if the final plan was not according to what had been presented at the public hearing then they would have to come back to the Council. Ms. Culpepper agreed to add that as a final clause.
Assistant Town Manager Sonna Lowenthal noted that the applicant should understand that coming back to the Town Council would mean a formal process with advertisement of a public hearing.
Mr. Goldstein asked how much delay this might create. Ms. Culpepper replied that there were options for expedited processing of a Special Use Permit (SUP) modification, adding that without expedited processing, it could take six to nine months.
Mr. Karpinos said that there might be a way to write this so that it would not have to be viewed by the Council in the context of a SUP modification. He said that this would have the advantage of not requiring the public hearing process. Mr. Karpinos added that the question then was when and how it would come back to the Council. Mr. Goldstein said that they preferred that.
Mayor Waldorf asked if the school system planned to put in the conduit for the lighting, if their budget allowed it, and to provide bid details to the Council. Mr. Goldstein replied their intention was to seek bids with two alternatives — the cost of putting in the conduit, and the cost of actually installing the lights. He said that the school system was willing to pay for the cost of putting in the conduits as long as it did not strain their budget. Mr. Goldstein added that they would give the Council the cost estimate for installing the lights.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPTED RESOLUTION 24a, AS AMENDED (THE FINAL PLANS INCLUDE THE DAY LIGHTING AND PHOTOVOLTAIC SYSTEMS AND OTHER ENERGY EFFICIENT AND ENERGY RENEWABLE SYSTEMS AS PRESENTED AT THE COUNCIL’S MAY 17, 1999 PUBLIC HEARING WITH CHANGES REQUIRING COUNCIL CONSIDERATION AND APPROVAL). THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE SMITH MIDDLE SCHOOL (99-6-14/R-24a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Corley Redfoot Zack, Inc. for a middle school located on property identified as Chapel Hill Township Tax Map 109, part of Lot 12, if developed according to the site plan dated December 21, 1998 (SUP re-submittal date March 24, 1999) and the conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be a use or development that is a public necessity; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the Special Use Permit application for the Smith Middle School in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by June 14, 2001 (two years from the date of Council approval) and be completed by June 14, 2014 (15 years from the date of Council approval).
2. Land Use: That this Special Use Permit authorizes construction of a one-story, 140,000 square foot middle school building, one athletic field and 200 parking spaces.
3. That the final plans include the daylighting and photovoltaic systems and other energy efficient and renewable energy systems as presented at the Council’s May 17, 1999 Public Hearing with changes to these proposed systems requiring Council consideration and approval.
4. Seawell School Road Improvements:
A. Left Turn Lanes: That three left turn lanes shall be provided on Seawell School Road at the following locations: 1) the northern site entrance to the middle school, 2) the site entrance off the Seawell Elementary School’s northern entrance drive, and 3) the Seawell Elementary School’s southern entrance drive.
B. Right-of-Way: That one-half of a 90-foot wide State right-of-way shall be provided along the Seawell School Road frontage of the site.
C. Bicycle Lane: That a five-foot wide striped bicycle lane shall be provided along the Seawell School Road frontage of the site.
D. Sidewalk: That a five-foot wide concrete sidewalk shall be provided along the Seawell School Road frontage of the site and north to High School Road. A minimum three-foot wide planting strip shall be provided between the sidewalk and curb.
E. Bus Pull-Off: That the proposed bus pull-off on Seawell School Road shall be located further to the north, at a location to be approved by the Town Manager, so as to be located outside the sight distance triangle of the southern middle school entrance.
5. Off-Site Pedestrian Facilities: That off-site pedestrian facilities on the Chapel Hill High School and Seawell Elementary School sites shall be constructed according to the applicant’s Pedestrian Circulation Plan. This plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
6. NCDOT Approval: That any required permits or encroachment agreements by the North Carolina Department of Transportation be obtained, and copies of the permits and agreements be submitted to the Town, prior to the issuance of a Zoning Compliance Permit.
7. Athletic Field Lighting: That the school system is authorized to install lighting at Field 9, or underground conduits in preparation for lighting this athletic field.
Stipulations Related to Landscape Elements
8. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
9. Landscape Protection Plan: That the Town Manager shall approve a Landscape Protection Plan prior to issuance of a Zoning Compliance Permit.
10. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:
¨ Type D bufferyard (minimum width 30 feet) along Seawell School Road.
¨ Type C landscape bufferyard (minimum width 20 feet) along the western property line.
¨ No required landscape bufferyards along the northern and southern boundaries of the site, adjacent to the Chapel Hill High School and Seawell Elementary School.
11. Grading and Landscape Plans: That the grading and landscape protection plans shall identify all road and sidewalk improvements along Seawell School Road.
12. Fire Evacuation Plan: That the Town’s Fire Marshal shall approve of a fire evacuation plan prior to issuance of a Zoning Compliance Permit.
13. Fire Flow Report: That a fire flow report and detailed construction plans, sealed by a registered engineer, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
14. Sprinkler System: That the Fire Department connection locations to the sprinkler system be reviewed and approved by the Town’s Fire Marshal prior to issuance of a Zoning Compliance Permit.
15. Stormwater Management Plan: That a Stormwater Management Plan, based on the Town’s Hydros program, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate.
16. Solid Waste:
A. Solid Waste Management Plan: That a Solid Waste Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
B. Refuse Dumpster: That additional refuse capacity shall be provided in the refuse/recycling area, if determined to be necessary by the Town Manager.
17. Resource Conservation District: That the applicant shall obtain a Resource Conservation District encroachment permit from the Town prior to construction of the pedestrian bridge over the Resource Conservation District area associated with Jolly Branch Creek.
18. Transportation Management Plan: That prior to issuance of a Certificate of Occupancy, the applicant shall prepare a Transportation Management Plan for approval by the Town Manager. The required components of the Transportation Management Plan shall include:
¨ Provision for designation of a Transportation Coordinator;
¨ Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
¨ Quantifiable traffic reduction goals and objectives;
¨ Ridesharing incentives; and
¨ Public transit incentives.
19. Erosion Control: That a soil erosion and sedimentation control plan shall be approved by the North Carolina Department of Environment and Natural Resources, and a copy of the approval letter provided to the Town, prior to issuance of a Zoning Compliance Permit.
20. Building Elevations and Site Lighting: That the Community Design Commission shall approve building elevation and site lighting plans prior to issuance of a Zoning Compliance Permit.
21. Utility Plan Approval: That the final utility plan shall be approved by Duke Power Company, BellSouth, Public Service Company, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit.
22. Detailed Plans: That the final detailed site plans, grading plans, utility and lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.
23. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
24. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
25. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
26. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Smith Middle School.
This the 14th day of June, 1999.
Assistant Manager Lowenthal explained, regarding joint use of the new middle school, that this did not require Council action. But she pointed out that there was an opportunity here for mutual funding—from the County as well as the Town and the school system—to have community use of the facilities that were being built at the Middle School. She said that the staff would like to work with the County on at least a joint use agreement, as they did with the Southern Village School.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 24.1, AS AMENDED TO ADD ANOTHER WHEREAS CLAUSE STATING THAT “THE CITIZENS OF CHAPEL HILL AND CARRBORO PAY THE MAJORITY OF ORANGE COUNTY TAXES.” THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION REQUESTING THE NEGOTIATION OF A JOINT USE AGREEMENT WITH THE BOARD OF EDUCATION AND REQUESTING THE COOPERATION OF THE BOARD OF COUNTY COMMISSIONERS IN THE DEVELOPMENT OF THE FACILITIES OF THE SMITH MIDDLE SCHOOL AND IN DEVELOPING POLICIES AND PROCEDURES FOR THE SAME AT OTHER NEW PARKS AND SCHOOLS (99-6-14/R-24.1)
WHEREAS, the Board of County Commissioners and the Chapel Hill Town Council have expressed sincere interest in locating, designing, building and operating new school and park facilities to facilitate use of all by the Towns and general public as well as by the Board of Education; and
WHEREAS, the Board of Education has planned a new middle school to be located on Seawell School Road, extending west across High School Road and into the extraterritorial jurisdiction of the Town of Carrboro; and
WHEREAS, the Town of Chapel Hill is interested in maximizing the use of these new facilities by the programs of the Towns and by the public when not in use by the school; and
WHEREAS, the Town of Chapel Hill is interested in maximizing such use of all park and school facilities and in doing so by financial participation by all parties mentioned; and
WHEREAS, the citizens of the Towns of Chapel Hill and Carrboro pay the majority of Orange County taxes;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is authorized to write to the Board of Education and ask the Board to authorize the Superintendent to negotiate a joint use agreement with the Town Manager to facilitate use of the Smith Middle School’s facilities within the Town of Chapel Hill by the Town as well as by the Board of Education and the public.
BE IT FURTHER RESOLVED that the Council requests that the Board of County Commissioners consider participation with the Board of Education in the development of the Smith Middle School field on Seawell School Road to a level which would accommodate the maximum use by Town of Chapel Hill programs and the public, as well as by the school programs
BE IT FURTHER RESOLVED that the Council requests that the Board of County Commissioners work with representatives of the Towns of Chapel Hill and Carrboro to develop policies and procedures for the location, design, financing , construction and operation of park and school facilities so that they can be used by the programs of the Board of Education, the Towns and the public.
This the 14th day of June, 1999.
Attorney Robert Jessup distributed an agreement which had been proposed among Orange County, Chapel Hill, Carrboro, and Hillsborough to reorganize solid waste management for the County. He noted that the agreement stated that the County would assume responsibility for solid waste planning and agreed to provide a solid waste disposal facility for County residents. Mr. Jessup said that in return the County would be given the authorization to match the resources available for solid waste management to the requirements of solid waste management planning. He noted that the three towns would agree to bring the solid waste currently under their control to the County facility. Mr. Jessup said that all of the boards had agreed to discuss this at June meetings, with the hope that they could complete and execute the agreement before the summer recess.
Council Member Brown suggested including a clause requiring a review after some period of time.
Council Member Foy asked how long the agreement would last. Mr. Jessup replied that it would last as long as two parties remained committed to it. He added that the Town could get out of the agreement with a year’s notice, but noted that it would still be required to bring its waste to the County facilities for the remaining period of any debt that the County might have incurred for solid waste.
Mr. Horton noted that there were a couple of ways that one party could initiate a review process: a direct request could be given to the County Commissioners; or, a notice of intent to withdraw could be given, explaining that the reason was dissatisfaction with the way things were being operated. Mr. Horton added that the notice of intent meant that the party might reconsider if given the opportunity to participate in a review. He stated that he believed it would be possible to obtain a review using either of those two methods.
Council Member Brown asked if the review in that case would be different from a binding review dictated by the terms of the agreement. Mr. Jessup replied that if that was what the Council wanted he would draft an agreement that would say that the parties agreed to have a good faith evaluation after a certain period of time. He added that he could not be sure whether that would trigger a different kind of review because the factors at play would be the same under either scenario. Mr. Jessup noted that the question would be whether the County would listen to what Chapel Hill wanted. He suggested that negotiation by one of the two means already set up would be less troublesome for the parties than a new provision to the contract.
Mayor pro tem Capowski pointed out that the Town had agreed to let the County use 60 acres of the Green eTract for solid waste facilities, but not for burial of construction and demolition (C&D) or mixed solid waste. Mr. Jessup replied that the County had promised to do that even though it was not a legally enforceable obligation on their part.
Mayor pro tem Capowski asked if the County had agreed to the exact 60 acres shown on the map. Mr. Jessup replied that it had not been finalized, but those 60 acres made the most sense.
Mayor pro tem Capowski asked for assurance that the Town would not be signing away those 60 acres for a landfill. Mr. Jessup replied that this was the intent, but noted that the County, as a body, had not yet discussed the map.
Mayor pro tem Capowski asked whether the Town would take its recyclable trash somewhere or whether the County would run its trucks into Chapel Hill. Mr. Horton replied that there would be a contract service operated by the County.
Mayor pro tem Capowski asked how UNC and the UNC hospitals would be linked to this. Mr. Jessup explained that the proposal was that the County would make participation in the program available to the Chapel Hill campus if the campus agreed to bring its solid waste to County facilities.
Mayor pro tem Capowski asked who would pay for County pick-up of recyclables and mixed solid waste at unincorporated areas of the County. Mr. Jessup replied that the County would pay for it out of “non-system” funds. Mr. Horton added that recyclable pick-up would be paid for as it was now—through the landfill fund.
Mayor pro tem Capowski stated that the Town would be agreeing to double tax Chapel Hillians to pay for whatever garbage pick-up the County might elect to do in unincorporated Orange County areas. Mr. Karpinos replied that the County already had that authority, noting that this would not be a change. Mr. Horton added that the Town could not require, through this agreement, that the County bind themselves in that way. Mayor pro tem Capowski replied that he understood that but wanted to make clear what the Town was continuing to allow.
Mayor pro tem Capowski asked how the Town addressed this. Mr. Horton replied that there would be no change in condition from the way it operated now, explaining that the landfill fund paid for recycling services door to door in County areas. He said that it would continue to do so when the County was operating the pick-up.
Mayor pro tem Capowski asked if the County would have the authority to levy a County-wide fee. Mr. Horton replied that there was the possibility of an availability fee and also the possibility of a district tax.
Mayor Waldorf pointed out that the County could not impose a Chapel Hill trash tax on the Town without the consent of the Council. Mr. Jessup agreed, noting that the County could not include an incorporated area within a tax district without the consent of the incorporated area’s governing body. He added that there were taxes and fees, explaining that the County could impose a fee on every County property for the availability of solid waste disposal without anyone’s consent and that this would be calculated to match the requirements of the service that was produced. Mr. Jessup said that the County could not, however, impose a tax without the governing body’s consent.
Mayor pro tem Capowski asked what recourse the Town would have if it was unhappy about Chapel Hillians having to pay for County services that were provided to unincorporated areas of Orange County, but not unhappy enough to veto the agreement. Mr. Jessup replied that it would then be a matter of influencing County policy.
Mayor pro tem Capowski asked if this could be done in an amendment. Mr. Jessup replied that it could be requested in an amendment, but the Town could not legally bind the County to do it.
Council Member Brown asked what the two options were for the remaining 109 acres of the Greene Tract. Mr. Jessup replied that the use of that property could be whatever the owners agree to. He said that since the land was bought with landfill funds the County’s position was that the Landfill Fund was entitled to some compensation if it was not used for landfill purposes.
Council Member Brown asked if the 60 acres could be rejoined to the remaining acres and turned into a public use facility if they were not used for solid waste purposes. Mr. Jessup replied that there would have to be a deed from the current co-owners to the County and that he would assume that the co-owners (Chapel Hill and Carrboro) would include restrictions. He said that if the County then wanted to use it for some other use, they would have to ask permission.
Council Member Brown asked if it were accurate that there were no guarantees in this document that the Integrated Solid Waste Management Plan would be implemented as agreed to by all of the governing bodies. Mr. Jessup replied that was correct.
Council Member Foy asked if there was no way to convey this to the County Commissioners with deed restrictions that would bind them not to bury solid waste materials. Mr. Jessup replied that although there was no legal restriction the County had indicated that it would not accept it under that basis. He added, in response to Mayor Waldorf’s request for clarification, that he was presuming this and acknowledged that it had not been addressed directly.
Mayor Waldorf said that a deed restriction was a good idea.
Council Member Foy noted that it would be preferable to an open-ended, vague promise.
Mr. Jessup suggested that the Council might want to have the County’s views on that before adding it to the deed.
Council Member Foy said that he objected to having the Greene Tract remain a landfill issue. He said that he had understood that the point of breaking the 60 acres off was to make the Greene Tract an asset of the three owners, rather than something for which the owners had to reimburse the County.
Mayor Waldorf reminded the Council that she had objected to the wording and had wanted the Greene Tract to be called a “public asset.” Mr. Jessup explained that the County’s position was that the Landfill Fund should be compensated if the land was sold because it had purchased the land in the first place. Mr. Jessup pointed out the amount of compensation would depend on whether it was sold for public or private use.
Mayor Waldorf noted that the third and fourth paragraphs on page ten were important. She said that there were conflicting legal opinions about whether the land was a landfill asset or not. Mr. Jessup replied that she was correct.
Council Member Foy said that he did not agree that the fund was entitled to compensation.
Council Member Brown stressed that the Council should say what it wanted and change the language if necessary.
Mayor Waldorf suggested recommending that the wording on point five be changed to read “the Greene Tract will remain a public asset. Sixty acres of the Greene Tract will be deeded to Orange County for solid waste management purposes and the three owners will work together to determine the ultimate use of the remainder.”
Mr. Jessup pointed out that item three on page ten would remain open, and asked if the Council was proposing asking the County to delete number three. Mr. Horton replied that this might be a point of impasse because the County Commissioners had received legal advice that would put them into a position contrary to the one just stated by the Council.
Mr. Jessup stated that the hope had been that the process could move forward with reimbursement as something that would have to be worked out over the two-year period.
Council Member Foy stated that the “enhanced value” of the 60 acres should be sufficient compensation to the County for transferring the balance of the land to the three owners. He also pointed out that the County remained a 43% owner of the remaining land, free and clear of any obligation to the landfill fund.
Council Member Brown asked if it would be possible to put in the deed something to the effect that if it were not used for solid waste management purposes then it could be used as the County’s open space.
Mayor Waldorf asked if a sentence could be added to the first paragraph on page ten, saying that “Chapel Hill, Carrboro and Orange County agree that the deed transferring ownership of this 60 acres from the three parties to Orange County alone shall state that it is for solid waste purposes, but not for waste burial purposes, or, if it is not used for solid waste purposes, will remain as undisturbed land.” Mr. Jessup replied that he preferred the wording, “no further use without consent of all the parties.” Mayor Waldorf agreed.
Council Member Foy suggested that number four on page six include language in the second sentence that mentioned the Solid Waste Management Plan and encouraged endeavoring to achieve the goals of the plan. Mr. Jessup stated that everyone probably would agree to being more explicit about what already had been done, adding that this would be a good place to add such a statement.
Mr. Jessup remarked that the County had been clear about its position, and noted that there were limitations on how to increase resources, pointing out that if one of the towns vetoed an increase in the tipping fee then the County needed to make that balance.
Mayor pro tem Capowski commented that the Town had the authority to zone this property. Mr. Horton pointed out that the Town had made the point at a meeting with the County that it could zone the property so that it essentially had no value.
Council Member Foy pointed out that the Council would agree in the contract not to zone it for the initial two years.
Mayor Waldorf asked if everyone was clear on the three amendments that had been made.
Mr. Jessup asked if the Council intended that the landfill fund not be compensated for the 109 acres no matter what was done with them. Council Member Foy replied that was correct.
Council Member Brown said that there had been discussion at a recent Landfill Owners’ Group meeting of extending City water to the Rogers Road community. She suggested setting a time to discuss that matter.
Council Member Foy suggested June 18th, and the others agreed.
Mayor pro tem Capowski proposed adding another WHEREAS clause, stating “WHEREAS it is our desire that County solid waste activities that are provided within unincorporated Orange County be funded by a fee or tax on residents of the immediately served area.” Various Council Members seemed unwilling to support this amendment.
Mr. Horton said that the way to achieve that objective would be through a separate resolution that addressed not only that point but raised the issue more broadly and sought a process that would address double taxation issues.
Council Member Brown asked if all would agree to seeing a copy of the new agreement before voting on it. Mr. Jessup said that he planned to meet with the other parties the next day. He stated that if there was agreement he would write it up and recirculate it. Mr. Horton added that the Town probably would have to go back to a negotiating committee if they did not agree.
Council Member Pavăo did not accept Mayor pro tem Capowski’s amendment as friendly.
MAYOR PRO TEM CAPOWSKI MOVED TO AMEND RESOLUTION 25 TO INCLUDE “WHEREAS IT IS OUR DESIRE THAT COUNTY SOLID WASTE ACTIVITIES THAT ARE PROVIDED WITHIN UNINCORPORATED ORANGE COUNTY BE FUNDED BY A FEE OR TAX ON RESIDENTS OF THE IMMEDIATELY SERVED AREA.” THE MOTION FAILED FOR LACK OF A SECOND.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 25 WITH THREE AMENDMENTS: THE DEED RESTRICTION ON THE BURIAL OF SOLID WASTE USE OF C & D; TO BE MORE EXPLICIT IN PARAGRAPH FOUR IN THE DEFINITION OF SOLID WASTE MANAGEMENT PLAN POLICIES IN REFERENCE TO THE ACTUAL FORMAL PROCEEDINGS THAT HAVE ALREADY BEEN TAKEN; AND, TO DELETE THE LANDFILL FUND’S RIGHT TO COMPENSATION FOR THE DISPOSITION OF ANY OF THE 109 ACRES. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR SOLID WASTE MANAGEMENT, THEREBY TRANSFERRING RESPONSIBILITY FOR SOLID WASTE MANAGEMENT FROM THE TOWN OF CHAPEL HILL TO ORANGE COUNTY (99-6-14/R- 25)
WHEREAS, the Town of Chapel Hill has maintained responsibility for solid waste management on behalf of all of Orange County since 1972; and
WHEREAS, management of solid waste in Orange County has evolved into a significant and complex management and financial obligation that the existing joint governance structure cannot adequately serve; and
WHEREAS, the governing bodies of the three owners of the landfill have agreed that the Board of Orange County Commissioners is positioned best to assume responsibility of future solid waste management functions;
NOW, THEREFORE, BE IT RESOLVED by the Town of Chapel Hill Town Council that the Council hereby authorizes the Manager to execute the Agreement for Solid Waste Management in substantially the same form presented tonight, which would transfer management responsibility for all disposal, recycling, waste reduction, and materials processing to Orange County.
This the 14th day of June, 1999.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
The meeting was adjourned at 10:57 p.m.
The minutes of June 14, 1999 were adopted on the 23rd day of August, 1999.
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