SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JUNE 28, 1999, 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, Pat Evans, Kevin Foy, Lee Pavăo, and Edith Wiggins. Council Member Julie McClintock was absent, excused.

 

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, Parks and Recreation Director Kathryn Spatz, Executive Secretary to the Town Attorney Toni Pendergraph, and Town Clerk Joyce Smith.

 

Item 1 – Presentation of the Jasper “Jap” Allen Award to Willie Brooks

 

Kathleen Lord, of the Downtown Commission, said that the Award was named for Mr. Jasper “Jap” Allen, who had for many years served as everyman’s handyman in the downtown business community, and, after retirement, went to work for the Town as a parking attendant in Parking Lot 1, where he was the unofficial goodwill ambassador for the Town.  She presented this year’s award to Mr. Willie Brooks, who currently served the Town as a Security Monitor, and previously had worked for the Public Works Department for 30 years, during which time he received the North Carolina Employee of the Year Award from the American Public Works Association. Ms. Lord said that Mr. Brooks would be retiring again in August, and the Downtown Commission was honored to present the Jasper Allen Award to him at this time.

 

Mr. Brooks accepted the Award and greeted Mayor Waldorf and each of the Council Members.

 

Ms. Lord said that she wanted to thank the Public Works Department on behalf of the downtown merchants, for the outstanding work that they had done on StreetScape in preparation for the Special Olympics.

 

Item 2 – Public Hearing Regarding the Petition from the InterFaith Council Requesting Lease of the Building and Property at 100 West Rosemary Street

 

Mayor Waldorf summarized the proposal from the InterFaith Council (IFC) to extend for another 25 years the lease on the Old Municipal Building, and to permit use of the property next to that for IFC administrative offices and other facility services. She said that there had been conversations among many concerned organizations, citizens, friends of the IFC, Town and County officials, and members of the IFC about the possibility of having a combined IFC headquarters, including the Shelter, Project Homestart, offices for family services, offices for crisis intervention services and the Food Pantry in one location.

 

Mayor Waldorf said that the concept was viewed as desirable by many who did not consider the present location ideal. She said there was also the intangible opportunity to get all facets of the community to pull together for something that might be pleasing to the whole community. Mayor Waldorf said that she and IFC President Rita Gray had agreed on the composition of a Task Force to be appointed to investigate the feasibility of alternative locations for the IFC Shelter, offices and support services.  She said that the Task Force would have representation from:

 

The IFC Board of Directors

Chapel Hill Town Council

Carrboro Board of Councillors

Orange County Board of Commissioners

Local clergy

Downtown Commission

Chapel Hill-Carrboro Chamber of Commerce

University of North Carolina

Human Services Director

 

Mayor Waldorf listed the objectives of the Task Force:

 

·        To examine the feasibility of constructing a homeless shelter, community kitchen, pantry, office, family service, and crisis service space in alternative locations to include, but not be limited to, Homestead Road near Project Homestart and the Orange County Southern Human Services Center.

 

·        To establish site criteria.

 

·        To determine whether Orange County and the University of North Carolina (UNC) might agree to donation of long-term lease of land to accommodate such a facility and to determine what other parcels might be suitable to acquire.

·        To evaluate service delivery advantages of any sites identified, including but not limited to, coordination with existing social services by Orange County.

·        To explore the nature and extent of financial support, both capital and operating, that might be offered by the Towns of Chapel Hill and Carrboro and all significant partners in the community.

·        To examine how transportation needs of all IFC clients can be met.

·        To investigate opportunities for federal and State grant support.

·        To assess potential for an adequate community fundraising effort.

·        To assist the IFC in finding temporary affordable office space.

·        To investigate the possibility of a 5-year lease of the Old Municipal Building should this alternative concept find support.

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, THAT THE COUNCIL CONSIDER ITEMS NUMBER 12, 13, AND 14 AT ITS NEXT REGULAR MEETING ON JULY 7, 1999. THE MOTION WAS ADOPTED UNANIMOUSLY. (8-0).

 

Rita Gray, IFC President, said that on June 23, 1999, the IFC Board of Directors had met in a specially called meeting to consider the proposals that Mayor Waldorf had described and had unanimously voted to endorse the relocation plan that the IFC had proposed in a petition to the Town Council on March 15, 1999.  She reiterated the request of a 25-year lease of the Old Municipal Building and expansion of the Shelter to Town-owned land on Rosemary Street, west of the current Shelter.

 

Ms. Gray said that the IFC had been presented with the alternative proposal and was interested in entering into a partnership with the Town of Chapel Hill and other members of the Orange County community including, but not limited to, the Orange County Board of Commissioners, the Town of Carrboro, the University of North Carolina, the business community, the social services community, the clergy, and other IFC constituents.  She said that one of the most important questions was the matter of transportation and access to whatever quarters the IFC had, because there were clients, the working poor, who came to the Kitchen for their mid-day meal, including residents of the Shelter, who had to walk to their jobs. Ms. Gray said that without transportation, these clients would not be able to go to another location for lunch and return in time for their jobs.

 

Ms. Gray said that if the alternative proposal was adopted, the IFC would require the 5-year guaranteed lease of the Old Municipal Building, during the construction of such a social services campus. She said that no matter what proposal was chosen, the IFC would need temporary facilities to replace the Wilson Street location, which must be vacated by April 1, 2000.  Ms. Gray said that they would welcome help with acquiring a location for these quarters.  She said that a new location would not alleviate the problems of panhandling and homeless individuals, many of whom had serious mental health issues.  Ms. Gray said that the majority of these individuals seldom used the Shelter facilities, and that a social service individual added to the services provided had helped to relieve some of the problems.

 

Ms. Gray said that what the IFC Board and the community wanted was to provide the best possible services for those whom they served and she felt that good minds could work together to come to good solutions.

 

Jim Heavner urged the Council to adopt the proposal for alternative location of the IFC at the Homestead Road location. He said that the idea had come in the spirit of cooperation to find the best solution for all concerned and he felt that the idea could be a healing one for the community, which was divided on the issue of the location of the IFC. Mr. Heavner said that the concept would be a new home for the IFC, which would also house its Shelter project on land owned by the County, and the University on their adjoining property on the northern boundary of the Horace Williams tract and Homestead Road.  He said that he had received the support of Rev. Robert Seymour and Chris Moran, Executive Director of the IFC.  Mr. Heavner said that the success of Project Homestart showed it could be done for the IFC and the homeless. He said that it was not his idea to move the IFC away but to deliver the best hope for delivering services to the poor and the homeless in this community. Mr. Heavner said that the Old Municipal Building had exploded in value and if the Town was willing to give back some of the cash benefited by taking back this property, and if the County was willing to let the IFC use some of the land, and if the University would support it as a symbolic unity with the Town and County, the proposal would be on its way.  He said that if other sites were to be considered, they must be considered immediately.

 

Eunice Brock said that she had distributed a financial aspects paper for the Council to look at. She said that there were two buildings located on Homestead Road—a building for transitional housing for families and the Battered Women’s Shelter.  Ms. Brock said that the County should be asked to provide property for the Homeless Shelter, since it was the responsibility of the County to provide for the health, education and welfare of its people.  She said that the Town could purchase and operate vans at a lower cost.  Ms. Brock said there was a bus stop on Airport Road six-tenths of a mile from the Southern Human Services Center, with sidewalks the entire distance.  She said that there would be many questions asked about the impact on taxes, especially on the older citizens with fixed incomes.  Ms. Brock asked questions regarding the actual figures of tax increases.  She said that the Homeless Shelter occupied one of the prime pieces of real estate in the Town. Ms. Brock said that the location of the downtown Shelter had been divisive in the community.  She asked that the people in the community work together and look into all the options.

 

Barbara Rogers, who has volunteered with the IFC for several years, said that she did not think that the Homestead Road location would be a good place for the Shelter because it was too far away.  She said that many people came to downtown Chapel Hill to work and they needed a location for shelter and food nearby.  Ms. Rogers said that the people who used the Pantry at the Wilson Street location lived nearby and came not only for food but for help with their problems, and needed a place that would be close to their homes.

 

Charles Gaertner, a resident of Short Street, said that he did not think the present location of the Shelter and Kitchen were in the best interest of local residents, local businesses, and those in need of the services.  He said that the Shelter would operate more efficiently at the Homestead Road location, and that the request for a 25-year lease was outrageous.  Mr. Gaertner said that the Task Force should look into where the individuals who used the Kitchen lived and suggested locating it at the Northside Senior Center and Human Services complex.

 

Kenneth Spaulding, representing interested residents, property owners, taxpayers, community leaders, and business leaders of Chapel Hill who had contributed to the IFC, said that they strongly supported the new location of the Shelter and Kitchen.  He said that they wished to ask that the Council defer any action on the petition from the IFC for expansion of their downtown location.  Mr. Spaulding said that the present site was a hazardous and dangerous location because of the heavy traffic, and that there was now need for that property to be used for Town government. He said that a less intensive area would be more appropriate, and could be built for the Shelter’s future needs.

 

Tom Maynard, Area Director of Orange-Person-Chatham (OPC) Mental Health, said that his agency served over 3,000 people a year from Orange County with mental health or substance abuse problems, the vast majority of whom were local people.  He said that the people who needed help the most often had the most difficult time finding their way to the OPC services.  Mr. Maynard said that they had valued their collaborations with the IFC in trying to find ways to get their services to the people in need of them.  He applauded the efforts of the Council to find a location to serve everyone’s needs.

 

Rev. Robert Campbell, volunteer for the IFC, said that there were over 600,000 homeless people on the streets of the United States and that 35% of those were Vietnam War Veterans, who had not been able to assimilate themselves back into society after the Vietnam War.  He said that another large percent of the homeless were teenagers.  Rev. Campbell said that there was no way to take care of the homeless in a rural area such as Homestead Road, where there was not water or sewer service.  He asked that the Town consider compassion rather than the financial gains of business profit and tax revenue.

 

Rev. Stephen Stanley, associate priest at the Chapel of the Cross on Franklin Street and Episcopal Chaplain at the University, said that two events had shown him where the heart of Chapel Hill was—one was the dedication of the Shelter on Rosemary Street and the second was the Faith on Franklin Street event.  He said that he was raising the question of conscience in the issue of the homeless—could the heart of the city be both commerce and conscience.  Rev. Stanley questioned whether the homeless would leave the downtown to go to a shelter located out of the downtown.

 

Chris Belcher, business owner in the downtown and a resident of Cobb Terrace, said that he supported moving the Shelter out of the downtown to the Homestead Road area, which already had several social services located there.  He said that some of the benefits for relocating would be a better yet more affordable home for the Shelter, greenspace in a more human friendly setting, and an area for parking.  Mr. Belcher recommended that the Council appoint a work group to look for the needs of the entire community.

 

Rev. Robert Seymour said the issue of long-range planning was involved in the discussions of the Shelter’s future.  He said that the Shelter had moved into the Old Municipal Building because there was nowhere else for it to go.  Rev. Seymour said that he supported the petition from the IFC for expansion on Rosemary Street, but he also said that it was important to look at other options.  He said that the facilities at the present IFC were inadequate, that sometimes people had to be turned away because there was no room.  Rev. Seymour said that a strong case could be made for having the Shelter in the same area as the Southern Orange Human Services building, and administratively to have the whole operation in the same building.  He said that access and transportation were a consideration and pointed out that the center of Chapel Hill was moving toward the north.  Rev. Seymour said that he felt that human values should be considered as well as property values, and hoped that the proposed Task Force would look at all considerations.

 


Elizabeth Grew, employee for the IFC in the office on Wilson Street, said that she felt there was a need for input from the clients of the IFC.  She said that she ran a program called “Family Connection” working with low-income, working parents and that the most important problem for them was transportation, since most could not afford to have cars and the buses ran on student schedules.  Ms. Grew said it was important to listen to the concerns of those clients.

 

Kathleen Lord, of the Downtown Commission, said that she supported the proposal to relocate the Shelter to Homestead Road or another location rather than the location on Rosemary Street.  She said that the Town, County, University, and the business community had the opportunity to achieve great things and work together as a united community.  Ms. Lord cited how dangerous the present location of the Shelter was and said she was concerned that extending the lease on that property would lock the Shelter into that location for 25 years, becoming more constrained in its ability to grow to meet future needs.  She asked the Council to suspend decisions on the downtown location until all other options could be explored.

 

Bruce Stone, owner of the Chelsea Theatre on Weaver Dairy Road and the Carolina Theatre in downtown Chapel Hill, described the difference between running a theatre in what he called “uptown” and running one downtown.  He said that many of his customers at the Chelsea said that they would not come to the downtown area for various reasons, such as so many students, lack of parking, or having to pay for parking.  Mr. Stone said that if all segments of the community could not come to the downtown, they would eventually go to the strip malls, and there would be no such thing as a downtown Chapel Hill.

 

Walter Baum, resident of East Franklin Street, reminded the Council to be mindful of the statement made by Mr. Kenneth Spaulding.

 

George Kapel, a 15-year resident of Chapel Hill, said he felt that there were those in favor of the IFC and those against it.  He said he was proud of the Town and its support of the IFC.  Mr. Kapel said that the Town needed to give the IFC the lease for the downtown property so that they could continue their wonderful work, rather than locating the Shelter in the “desert” on the outskirts of Town.

 

Mildred Council, business owner on the west end of Rosemary Street, asked the Council to ask the Task Force to consider the black youths in and out of the Hargraves playground, and to think about the elderly living most of their lives in the Northside area. She said that she employed a lot of the homeless people and she did not think there was a problem in getting to work, or how far they had to travel, or how far the people in public housing had to travel to get to work.  Ms. Council said that the “work first” ladies had to manage to get around, dropping off children at different places before and after work.

 

Clare Baum, resident of East Franklin Street, said she hoped that the Council would consider all entities and how the decision would affect everyone for a quarter of a century, as growth occurred.

 


Dave Bright, United Church of Chapel Hill, said that the IFC had shared space with the Church for the past 30 years, and now they had to move because the Church was moving from their Wilson Street location.  He asked the Council to extend to the IFC a commitment to lease space at the downtown location or to develop the Homestead campus.  Mr. Bright said that the Church supported a Task Force on the issue.  He invited people to volunteer at the IFC so that they could meet the homeless people, adding that it was a very rewarding experience.

 

Vincent Kopp, physician and 30-year resident of Chapel Hill, lives on Rosemary Street and Human Services Advisory Board member for six years, said that the Town had a moral obligation to serve the homeless and needy, but that the moral obligation need not be to keep the Shelter downtown. He said that he favored relocating the Shelter and the consideration of all options. 

 

Mickey Ewell, 25-year resident of Chapel Hill, said that he was fully behind a study for relocation of the Shelter and that Rev. Seymour and Jim Heavner should be congratulated for their work so far, and that the community should get behind them.  He asked that another public hearing be held after the study group had made its determination.

 

Debbie Farb, student activist at the University, said that the Shelter should remain in downtown Chapel Hill, and she felt that the businesses were only interested in profit, and not interested in the homeless people.  She said that she was a part of the “Food, Not Bombs” group who, every Sunday afternoon, cooked food and served it to the homeless people in a public place.  Ms. Farb agreed that there would be a problem of transportation at another location, because some of the homeless people worked at night, when the buses did not run.  She had drafted a petition with about 40-50 signatures of people who were opposed to moving the Shelter.

 

Patrick Miller, volunteer at the IFC Shelter and resident of Carr Street, said that he had, during his volunteering, found the poor to have tremendous humility, sincerity, faith and wisdom, and he had learned much from them. He said the Shelter should remain downtown because it was an education for the community.

 

Missy Julian-Fox, Chapel Hill native and downtown shop owner, whose family had always supported the IFC, said that this debate was not about support of the IFC, but what was the best location for the Shelter in the Town.  She said that the Shelter needed to be at a location where it could expand to best help the homeless.  Ms. Julian-Fox said that she had two concerns: the cost of the project relative to the benefits obtained, and the highest and best use of the Old Municipal Building. She said that the community should come together with their hearts and minds to solve the problem.

 

Adrian Halpern, 21-year resident of Chapel Hill, cited an experience he had seen this evening of a man without arms mowing grass by pushing the mower with his chest.  He said that in all his years walking in downtown Chapel Hill he had never seen a homeless person without arms, and said that with the unemployment rate was so low, they should be able to find jobs.  Mr. Halpern said that the Town should not lease out one of the most valuable pieces of Town-owned property to the Shelter.  He said that before the Shelter there was no panhandling.  Mr. Halpern said that the proposal for another location was worthy, but that the extension of the lease should only be for three years.

 

Frances Gualtieri, owner and manager of Le Residence Restaurant, one of the closest commercial properties to the Shelter, said that she had hired Shelter residents and had not had success with them.  She said that part of the reason Shelter residents hung around on the streets was because there was no space outside of the Shelter for them to be.  Ms. Gualtieri said that she had problems with property being destroyed, with Shelter residents coming into the restaurant to use the facilities or to buy a drink.  She said she supported the proposal for relocating the Shelter out of downtown Chapel Hill.

 

Roscoe Reeve, 38-year resident of Chapel Hill and IFC volunteer, said that the Shelter belonged in downtown Chapel Hill and he was proud of it being there.  He said that the location had been chosen because there was an insistence that the Shelter be located in the heart of the community.  Mr. Reeve said that he owned the property next to the Southern Human Services Center and would be proud to have the Shelter located there, but he knew that the founders of the IFC, including his mother-in-law, Mrs. Mildred Ringwald, had intended that it be in the downtown, and the investment by Chapel Hill in support of the IFC and the downtown building was well spent.

 

Scott Maitland, downtown merchant and downtown resident, said that he had not seen one business owner say the issue of the downtown Shelter was about profits, because that was not the driving issue for the downtown merchants.  He said that when one of the founders of the IFC, Rev. Seymour, recommended looking at alternative locations for the Shelter, that was a strong argument for doing so.  Mr. Maitland said that instead of this being a divisive issue the community needed to work together to make the community a shining example around the country, regardless of where the Shelter would be located.

 

Daniel Brezenoff, IFC employee at the Wilson Street office, said that he thought that the decision for the location of the Shelter should be left to the IFC Board, who knew all of the problems and had the expertise.  He said that the Kitchen should remain downtown because, for people who eat there three times a day and work in the downtown, it would not make sense for them to be riding a bus back and forth from downtown to Homestead Road.  Mr. Brezenoff said that until there was no homeless problem, he felt that the community should have to see that there was a problem.

 

Mayor Waldorf said that it was important that the community work together and try not to be polarized.

 

Council Member Pavăo said he felt rather encouraged, and that there may be a motion to move on to look to resolve the problem.  He said he had heard the discussions on what the tax dollar costs were to the Town to support the Shelter, and about the value of the Municipal Building, but he asked what the cost in tax dollars would be to the Town if the IFC did not take on the responsibility it did to help the homeless.  Council Member Pavăo said the encouraging thing was that the community was discussing the problem, and he applauded the number of citizens who had attended this evening.  He applauded the Mayor for the draft proposal to form a Task Force, and the short time factor to complete the task, because he said that the Shelter was running out of space and office space.  Council Member Pavăo said the community had to work toward solving the problem and needed to stop the polarization.  He offered to serve on the Task Force, or would help the Task Force in any way he could.  Council Member Pavăo said that the community should be thankful for the IFC and the job it was doing for the Town.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT THE COUNCIL RECEIVE AND ADOPT THE PROPOSAL FOR A TASK FORCE TO INVESTIGATE ALTERNATIVE LOCATIONS FOR THE INTERFAITH COUNCIL FACILITIES AS PROPOSED BY THE MAYOR AND MRS. GRAY FROM THE INTERFAITH COUNCIL.

 

COUNCIL MEMBER FOY AMENDED THE MOTION TO ADD TO THE MEMBERSHIP OF THE TASK FORCE ONE RECIPIENT OF IFC SERVICES, AND THE DIRECTOR OF THE DEPARTMENT OF SOCIAL SERVICES.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Mayor Waldorf said that she would serve on the Task Force along with Council Member Pavăo.  She said that she would contact the other representatives listed in the proposal to work on the Task Force and to try to get a proposal back by September 15, 1999.

 

Item 3 – Petitions by Citizens and Announcements by Council Members

(none)

 

Item 4 – Consent Agenda

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(99-6-28/R-1)

 

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

 

a.

Minutes of May 10, 12 and 17, 1999.

b.

Response to request by Mr. Allan Eckhaus of Chapel Hill Kehillah for expedited processing of site plan review.  (R-2).

c.

Resolution accepting bid for bulk asphalt.  (R-3).

d.

Deleted.

e.

Resolution accepting bid for purchase of a wheeled loader.  (R-5).

f.

Resolution accepting bid for purchase of a rear loader.  (R-6).

g.

Resolution accepting bid for fire training facility renovation project.  (R-7).

h.

Resolution authorizing the Manager to execute a change order for the Kingston Drive sidewalk project.  (R-8).

i.

Ordinance establishing the 1999-2000 Community Development Grant project ordinance.  (O-1).

j.

Ordinance establishing the 1998-1999 Transportation Capital and Planning Grant project ordinance.  (O-2).

k.

Ordinance amending the 1998-1999 budget ordinance.  (O-3).

l.

Resolution authorizing a performance agreement with the Downtown Commission.  (R-9).

m.

Resolution approving recommendations on performance agreements from the Human Services Advisory Board for 1999-2000.  (R-10).

n.

Resolution adopting a mission statement for Chapel Hill Transit as proposed by the 25th Anniversary Review Committee.  (R-11).

o.

Resolution authorizing the certification of firefighters.  (R-12).

p.

Resolution directing the Town Attorney to prepare ordinance regarding campaign finance reform.  (R-13).  (Mayor Waldorf)

q.

Resolution accepting and approving the location of a clock on East Franklin Street.  (R-14).

r.

Resolution authorizing dedication of water line and utility easement to Orange Water and Sewer Authority. (R-14.1).

s.

Resolution regarding ideas for employer assisted housing programs for Town employees. (R-14.2).

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE SITE PLAN REVIEW APPLICATION FOR THE CHAPEL HILL KEHILLAH

(99-6-28/R-2)

 

WHEREAS, the Town Council has received a petition from Mr. Allan Eckhaus for expedited processing of the Site Plan Review application for the Chapel Hill Kehillah; and

 

WHEREAS, a Site Plan Review application is required for the proposed change of use at 307 W. Cameron Avenue, from the existing Use Group A Single-Family Dwelling to the proposed Use Group B Place of Worship; and

 

WHEREAS, the development involves a public interest as it would allow a community group to continue its services, within the same neighborhood, during a time when its current facility is unavailable;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Site Plan Review application of the Chapel Hill Kehillah, in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 28th day of June, 1999.

 

 

A RESOLUTION AWARDING A CONTRACT FOR ASPHALTIC CONCRETE AND TACK COAT (99-6-28/R-3)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate on June 9, 1999, in accordance with G.S. 143-129 for asphaltic concrete and tack coat for street patching; and

 

WHEREAS, the following bids have been received and opened on June 17, 1999, at 3:00 p.m.

 

                                                                                                            Thompson-

ITEM                          Lee Paving                 Nello Teer                     Arthur  

 

Asphalt I-2                   $25.00/Ton                  $33.00/Ton                  $24.00/Ton

 

Asphalt HB                  $25.00/Ton                  $30.38/Ton                  $26.00/Ton

 

Asphalt HDB                $25.00/Ton                  $30.38/Ton                  $25.00/Ton

 

Asphalt H                     $25.00/Ton                  $30.38/Ton                  $25.00/Ton

 

Tack Coat                    $1.25/Gal.                    $2.25/Gal.                    $2.00/Gal.

 

Total                            $59,375.00                  $74,559.00                  $60,100.00

 

WHEREAS, the additional cost to the Town caused by the differences in distance between the plants of the other three vendors relative to that of the Lee Paving Company plant results in the lowest total cost for Lee Paving Company; and

 

WHEREAS, the year around availability of hot-mix asphalt is important to the Town's ability to maintain its system;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Lee Paving Company in the amount stated above in the tabulation.

 

BE IT FURTHER RESOLVED that this contract may be extended by one year if mutually agreeable to the Town and Lee Paving Company at the same unit prices.

 

This the 28th day of June, 1999.

 

 

 


A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A WHEELED LOADER (99-6-28/R-5)

 

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 June 18, 1999, in accordance with G. S. 143-129-(g) for the purchase of a wheeled loader; and

 

WHEREAS, a formal  bid competition was held by the State of New York on February 11, 1999, in accordance with G. S. 143-129; and

 

WHEREAS, the North Carolina Equipment Company offers the Town the wheeled loader at the same price as offered to the State of New York;

 

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 North Carolina Equipment Company in the amount of $64,970.

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A REAR LOADER PACKER BODY (99-6-28/R-6)

 

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 June 18, 1999, in accordance with G. S. 143-129-(g) for the purchase of a rear loader packer body; and

 

WHEREAS, a formal bid competition was held by the City of Washington, North Carolina October, 1998 in accordance with G. S. 143-129; and

 

WHEREAS, the Cavalier Equipment Corp. offers the Town the rear loader packer body at the same price or less as offered to the City of Washington, North Carolina;

 

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 Cavalier Equipment Corp. in the amount of $33,942.

 

This the 28th day of June, 1999.

 

 

 


A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE FIRE TRAINING FACILITY RENOVATION PROJECT (99-6-28/R-7)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the March 24, 1999 edition of The Chapel Hill Newspaper in accordance with G.S. 143-128 for the renovation of the Fire Training Facilities at 1695 Airport Road; and

 

WHEREAS, the following bids were received and opened on April 29, 1999:

 

 

 

Contractor

Base Bid

Burn Building

Base Bid

Training Tower

Base Bid

Total

Alternate # 1

Topping Slabs

Alternate # 2

Fire Resistant Panels

Strickland Waterproofing

Company, Inc.

$68,500

$98,700

$164,400

$16,000

$110,000

Van Thomas Construction

$80,500

$172,000

$249,000

$15,500

$44,000

W.T Lawrence Construction

$103,915

$129,895

$209,000

$8,500

$43,184

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of and awards the contract to the lowest responsive bidder, Strickland Waterproofing Co. Inc., Charlotte, NC, in the amount of $164,400 for the base bid and $16,000 for Alternate #1.

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CHANGE ORDER IN THE AMOUNT OF $18,800 FOR DRAINAGE AND PAVEMENT IMPROVEMENTS ASSOCIATED WITH THE KINGSTON DRIVE SIDEWALK IMPROVEMENT PROJECT  (99-6-28/R-8)

 

WHEREAS, a contract for constructing sidewalk along the north side of Kingston Drive has been awarded; and

 

WHEREAS, it has been determined that certain drainage and pavement improvements are necessary to properly complete said sidewalk project; and

 

WHEREAS, the contractor has submitted costs for completing the necessary drainage and pavement improvements;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a change order in the amount of $18,800 for White Oak Construction Corporation regarding the Kinston Drive Sidewalk Project.

 

This the 28th day of June, 1999.

 

AN ORDINANCE ESTABLISHING THE 1999 - 2000 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (99-6-28/O-1)

 

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, the following grant project is hereby established:

 

SECTION I

 

The projects authorized are the Community Development projects as approved by the Council on April 26, 1999: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD).  The projects are known more familiarly as the 1999 Entitlement Community Development Block Grant.  The grant activities include renovation of public housing, neighborhood revitalization, property acquisition, site improvements, community services to low-income residents, economic development and administration costs for the program.

 

SECTION II 

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the grant project within the terms of the grant document(s), the rules and regulations of the U.S. Department of Housing and Urban Development, and the budget contained herein.

 

SECTION III

 

The following revenues are anticipated to be available to complete this project:

 

            Community Development Block Grant:              $434,000

            Community Development Program Income:                   $132,000

                                    Total                                                    $566,000

 

SECTION IV

 

The following amounts are appropriated for the project:

 

Rehabilitation of Public Housing:                        $230,000

Property Acquisition:                                        $  75,000

Scarlett Dr. Homeownership Program:  $  70,000

Community Services:                                        $  51,000

Neighborhood Revitalization:                             $  50,000

Economic Development:                                   $  20,000        

Program Administration:                                    $  70,000

                                    Total                                                    $566,000

 


SECTION V

 

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the grant agreement(s) and Federal and State regulations.

 

SECTION VI

 

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed with in five days of adoption with the Manager, Finance Director and the Town Clerk. 

 

This the 28th day of June, 1999.

 

 

 

AN ORDINANCE TO ADOPT GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (99-6-28/O-2)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

 

SECTION I

 

The Urban Area Formula Program (Section 5307) are from 1999 federal funds from an agreement with the Federal Transit Administration.

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration and the North Carolina Department of Transportation within the funds appropriated herein.

 

SECTION III

 

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

 

Urbanized Area Formula Program (Section 5307)

 

            Federal Transit Administration (FTA)                                        $257,368

            NC Department of Transportation (NCDOT)                               32,171

            Town of Chapel Hill (local match)                                                 32,171

 

            TOTAL                                                                                    $321,710

 

SECTION IV

 

The following amounts are appropriated for the FY1999 Section 5307 project:

 

Salaries - Full Time                                                                   $  90,000

Fringe Benefits                                                                              13,145

FICA                                                                                             6,885

M & R Vehicles                                                                         140,000

Miscellaneous Vehicle Supplies                                                     60,000

Miscellaneous Contractual Services                                               11,680

 

            TOTAL                                                                                    $321,710

 

This the 28th day of June, 1999.

 

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-6-28/O-3)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1998” as duly adopted on June 8, 1998, be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

GENERAL FUND

     Non-Departmental                           

            Contingency                    17,190                                           12,254                    4,936                       

 

     Mayor/Council                     190,473                  11,279                                         201,752

 

     Police                               7,281,856                       975                                      7,282,831           

 

     Finance                                973,877                  15,000                                         988,877

 

     Planning                               994,747                  16,000                                      1,010,747

 

 

REVENUES

 

GENERAL FUND

     Property Taxes               14,087,600                  15,000                                    14,102,600

           

     Fund Balance                    2,087,503                  16,000                                      2,103,503

 

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT WITH THE DOWNTOWN COMMISSION (99-6-28/R-9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into a performance agreement with the Downtown Commission for services in 1999-2000 substantially as in 1998-99, with the funding level to include the estimated revenue to be received from the Downtown Service District tax based on the 6.2 cent tax rate adopted by the Council for 1999-2000.

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION APPROVING 1999-2000 FUNDING FOR PERFORMANCE AGREEMENTS WITH HUMAN SERVICE AGENCIES AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (99-6-28/R-10)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following appropriations for performance agreements with human service agencies in 1999-2000 to address the community’s human service needs identified by the Human Services Advisory Board:

 

AGENCY

AMOUNT

A Helping Hand

-

AIDS Service Agency

1,000

Alternative Sentencing

3,000

Charles House

5,500

Coalition for Battered Women

14,600

Communities in Schools

5,000

Community School for People Under 6

9,000

Day Care Services

9,500

Dispute Settlement Center

6,500

Family Counseling Service (CHANGE)

3,500

Freedom House

12,500

Hopeline

-

KidSCope

4,000

Meals on Wheels

3,000

Mental Health Association

5,350

Middle School After School Program

35,000

Orange County Disability Awareness Council

500

Orange County Literacy Council

8,000

Orange County Rape Crisis Center

12,000

Planned Parenthood

1,500

Street Scene Teen Center

6,000

The Arc

9,000

The Women’s Center

10,000

Triangle Family Services

-

Triangle Hospice

4,000

Triangle Radio Reading Service

2,250

TROSA

2,000

Volunteers for Youth

5,500

TOTAL

178,200

 

BE IT FURTHER RESOLVED that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, agreements with the above agencies for services described in the Human Services Advisory Board’s report on June 28, 1999.

 

This the 28th day of June, 1999.

 

 

 


A RESOLUTION ADOPTING A MISSION STATEMENT FOR CHAPEL HILL TRANSIT (99-6-28/R-11)

 

WHEREAS, the Town Council created the Chapel Hill Transit 25th Year Anniversary Committee; and

 

WHEREAS, one of the charges given the Committee by the Town Council was to develop a Mission Statement for the Chapel Hill Transit System; and

 

WHEREAS, the 25th Anniversary Committee has developed a Mission Statement;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the following Mission Statement for the Chapel Hill Transit System:

 

Chapel Hill Transit’s mission is to provide safe, convenient, accessible, reliable and responsive public transportation services to residents and visitors of the Chapel Hill, Carrboro and University of North Carolina communities. These services will be provided in an efficient, affordable and environmentally friendly way to connect and coordinate with other transportation services in the Research Triangle area and to provide an alternative for local and regional travel.

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION AUTHORIZING CERTIFICATION OF FIREFIGHTERS

(99-6-28/R-12)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is hereby authorized to certify to the North Carolina Firefighters’ Pension Fund the following roster of firefighters employed by the Town of Chapel Hill on June 30, 1999.

 

Below are the names of the Chapel Hill Fire Department employees that have met the 36 hours of training for the fiscal year 1998-99:

 

 

Alston, Keith

Henderson, Lemuel

Seelbinder, Mary

Atwater, Lewis

Jones, Dan

Shatley, Gordon

Baily, Dennis

Kelly, Doug

Smith, William

Bell, Jon

Layton, Joseph**

Sutton, Doug

Bergen, Dace

Lewis, David

Sykes, David

Blalock, Jerry

Lucas, Anthony

Sznerch, Pete

Blankenship, Bill

McLamb, Barry

Taitt, Ron

Bona, Jim

Mellon, Caprice

Thompson, Billy

Borgesi, Robbie

Minton, Bill

Tilley, Greg

Bosworth, Robert

Moss, Paul

Tucker, Chris

Bradley, Chris

Overton, Bob**

Ward, Johnny

Cabe, Jeff

Parker, Johnny

Watson, Rodney

Clark, Norman

Parrish, Doug

Watts, Gary

Cline, Doug

Partin, Wayne

White, John

Cruz, Vic

Peeler, Greg

Wiseman, Ben

Downey, Ron

Porterfield, Keith

Woody, David

Elvin, Kevin

Pruitt, Rob

 

Erwin, Sam

Riddle, Stephen**

 

Gregory, Tommy

Rimmer, Darryl

 

Harris, Vencelin

Saxton, Art

 

 

** Denotes reserve firefighters.  These personnel are former Public Safety Officers now working for the Chapel Hill Police Department.

 

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION DIRECTING THE TOWN ATTORNEY TO PREPARE A PROPOSED ORDINANCE ON CAMPAIGN FINANCE REFORM (99-6-28/R-13)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Attorney to prepare for the Council’s consideration on July 7, 1999, an ordinance to implement the provisions of House Bill 841, Section 4, on campaign finance reform and to advise the Council on the reasonable ranges for setting limitations on campaign contributions pursuant to the provisions of that Bill.

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION ACCEPTING THE DONATION OF A CLOCK TO BE INSTALLED IN THE STREETSCAPE AT OR NEAR 167 EAST FRANKLIN STREET (99-6-28/R-14)

 

WHEREAS, Mr. Ken Jackson has agreed to purchase a clock for installation as a streetscape feature; and

 

WHEREAS, Mr. Jackson agrees to maintain the clock in working order; and

 

WHEREAS, the Council authorizes the Manager to approve lettering in the portion of the clock above the face in one of the forms noted in the Manager’s report of June 28; and

 

WHEREAS, the Council retains the right to remove the clock if it determines that removal is in the best interest of the Town; 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby accepts the clock donated by Mr. Ken Jackson and agrees to return the clock to Mr. Jackson if it is ever removed by Council direction.

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION AUTHORIZING DEDICATION TO OWASA OF A WATER LINE AND A UTILITY EASEMENT LOCATED ON LAND CURRENTLY OWNED BY THE TOWN OF CHAPEL HILL BEHIND THE SCROGGS ELEMENTARY SCHOOL

(99-6-28/R-14.1)

 

WHEREAS, the Town of Chapel Hill has agreed to sell 6.3 acres to complete the land needed for the construction of the Scroggs Elementary School; and

 

WHEREAS, the Town has agreed to pay the Board of Education a sum identical to the price of this land for the construction of the multi-purpose and soccer field behind the school; and

 

WHEREAS, the Town has agreed to pay in addition to the above, the cost of adding irrigation, lighting and bleachers to the Scroggs Elementary School field; and

 

WHEREAS, these actions cannot take place until the field is completed, including the growth of good turf; and

 

WHEREAS, the Board of Education wishes to occupy the school building before the field will be ready and OWASA must accept the water and sanitary sewer systems before that occupancy can be approved;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to transfer a water line and utility easement located on Town land behind the Scroggs Elementary School to OWASA.

 

This the 28th day of June, 1999.

 

 

 

A RESOLUTION DIRECTING THE MANAGER TO PURSUE IDEAS TO ASSIST TOWN EMPLOYEES IN PURCHASING HOMES IN CHAPEL HILL (99-6-28/R-14.2)

 

WHEREAS, the Council has expressed interest in implementing an employer-assisted housing program; and

 

WHEREAS, the Orange Community Housing Corporation, EmPOWERment, Inc., and Habitat for Humanity have offered the Council suggestions of employer assisted housing programs that could be implemented;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to pursue the following ideas to assist Town employees in purchasing homes in Chapel Hill;

 

·        Ask non-profits to hold information sessions during work hours at Town locations;

·        Ask EmPOWERment Inc. to sponsor homeownership classes for Town Employees during work hours;

·        Ask non-profits to work with employees to qualify them for their programs;

·        Discuss with Habitat the possibility of modifying their income guidelines to accommodate Town employees;

·        Have discussions with Orange Community Housing Corporation to determine if Town employees can be given preference for the Scarlett Drive project. 

 

This the 28th day of July, 1999.

 

 

Item 5 – Information Reports

 

Council Member Brown removed items f and g.

 

Council Member Foy asked that the Chapel Hill Public Arts Commission be given a copy of the Orange County report regarding the economic impact of the cultural arts in the community.

 

 

Item 6 – Nominations and Appointments

 

a.             Nominations

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT EVERYONE WHO APPLIED FOR BOARDS AND COMMISSIONS BE NOMINATED.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Nominations were made to the following boards and commissions:        

                                                       

Board of Adjustment

Parks and Recreation Commission

Housing and Community Development

Pay As You Throw Advisory Group

          Advisory Board

Personnel Appeals Committee

Human Services Advisory Board

 

 

b.             Appointments

 

Mayor Waldorf asked that the appointments to the Parks and Recreation Commission and the Housing and Community Development Advisory Board be deferred, since she had not had time to review the applications.  Council Members Bateman and Evans concurred, as did the remaining Council Members.

 

1.             Board of Adjustment

 

The Council appointed Valerie Batetman (received 5 votes from Council Members Capowski, Evans, Foy, Pavăo and Wiggins) to the Board of Adjustment as a Town Alternate.

 

2.             Community Design Commission

 

After ballots were counted, no applicant received the required 5 votes.  Applicants will be reconsidered on July 7th.

 

3.       Housing and Community Development Advisory Board

 

Appointments were deferred until July 7th.

 

4.       Human Services Advisory Board

 

The Council appointed Harriet Crisp (unanimous vote) and Stephen Frank (received 7 votes from Mayor Waldorf and Council Members Bateman, Brown, Evans, Foy, Pavăo and Wiggins) to the Human Services Advisory Board. No other applicant received the required 5 votes for appointment.  Applicants will be reconsidered on July 7th.

 

5.             Pay As You Throw Advisory Group

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO APPOINT ALL TWELVE OF THE PERSONS NOMINATED TO THE PAY AS YOU THROW ADVISORY GROUP AND TO LEAVE THE NOMINATIONS OPEN FOR FURTHER APPOINTMENTS.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

The following people were appointed to the Pay As You Throw Advisory Group:         

                                                       

Howard Leroy Baldwin

Mary Norwood-Jones

Ron Binder

Velma Perry

Betty Danziger

Scott Radway

Romeo Fontaine

Julie Raymond

Henry Lister

Phil Rominger

Betty Maultsby

Ruby Sinreich

 

6.       Parks and Recreation Commission

 

Appointments were deferred until July 7th.

 


7.       Personnel Appeals Committee

 

The Council appointed Anne-Marie Franck (received 7 votes from Mayor Waldorf and Council Members Bateman, Capowski, Evans, Foy, Pavăo and Wiggins) and Bonnie Knoke (received 7 votes from Mayor Waldorf and Council Members Bateman, Capowski, Evans, Foy, Pavăo and Wiggins) to the Personnel Appeals Committee.

 

8.             Technology Committee

 

The Council appointed Penny Rich (received 7 votes from Mayor Waldorf and Council Members Bateman, Brown, Capowski, Evans, Foy and Pavăo) to the Technology Committee.

 

9.             Transportation Board

 

After ballots were counted, no applicant received the required 5 votes.  Applicants will be reconsidered on July 7th.

 

c.      Consideration of Modification of the Charge to the Pay As You Throw Work Group

 

Council Member Brown suggested three changes to the charge.

 

(1)         Change the language of “identify possible strategies to begin a “pay as you throw” system if that outcome is acceptable to the community;” to read “identify possible strategies to begin a “pay as you throw” system to be included in the final report.”

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO AMEND THE LANGUAGE IN THE THIRD BULLET TO READ “IDENTIFY POSSIBLE STRATEGIES TO BEGIN A “PAY AS YOU THROW” SYSTEM TO BE INCLUDED IN THE FINAL REPORT.

 

Mayor Waldorf said she thought that would change the focus.

 

Council Member Brown said she thought the community was included in the language of the first bullet. 

 

Council Member Evans said that she agreed with the Mayor, and was concerned that the language change would change the intent.

 

Council Member Brown asked Council Member Evans if she agreed that this was covered in the first bullet.  Council Evans said that she agreed with the language of the staff in the initial resolution.

 

Council Member Brown called the question.

 

THE MOTION WAS DEFEATED BY A VOTE OF 3-5, WITH COUNCIL MEMBERS BROWN, CAPOWSKI, AND FOY VOTING AYE, AND MAYOR WALDORF, AND COUNCIL MEMBERS BATEMAN, EVANS, PAVĂO, AND WIGGINS VOTING NAY.

 

(2)         Change to include in bullet five the report by the Chapel Hill Solid Waste Reduction Task Force, and the various reports on this topic, and the work by Dr. Miranda of Duke University.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO AMEND THE PROPOSAL BY ADDING TO THE LANGUAGE OF THE FIFTH BULLET  “THE REPORTS BY THE CHAPEL HILL SOLID WASTE REDUCTION TASK FORCE, THE VARIOUS REPORTS, AND THE WORK BY DR. MIRANDA OF DUKE UNIVERSITY.”  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

(3)         Change bullet six to read “provide a report to the Council with the suggested work process and work schedule in the fall of 1999, subsequent reports to be submitted to the Council as determined necessary by the work group during the winter of 1999-2000.  A final report should be given to the Council to fit into the Council’s Budget work sessions as early in the spring as possible for inclusion in the Council’s 2000-2001 budget if the Council so determines that.”

 

Council Member Evans said that the Committee should be able to determine its own work schedule, in order to provide the opportunity to request expertise if needed. She said it was important that this report be done correctly.

 

Council Member Brown said she thought it was important to impress on the Committee the importance of getting the proposal into the next budget and if they needed more time they could come to the Council with such a request.

 

Council Member Wiggins said this was an important addition—a target goal.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO AMEND THE PROPOSAL TO CHANGE BULLET SIX TO READ “PROVIDE A REPORT TO THE COUNCIL WITH THE SUGGESTED WORK PROCESS AND WORK SCHEDULE IN THE FALL OF 1999, SUBSEQUENT REPORTS TO BE SUBMITTED TO THE COUNCIL AS DETERMINED NECESSARY BY THE WORK GROUP DURING THE WINTER OF 1999-2000. A FINAL REPORT SHOULD BE GIVEN TO THE COUNCIL TO FIT INTO THE COUNCIL’S BUDGET WORK SESSIONS AS EARLY IN THE SPRING AS POSSIBLE FOR INCLUSION IN THE COUNCIL’S 2000-2001 BUDGET IF THE COUNCIL SO DETERMINES THAT.”  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 


A RESOLUTION ESTABLISHING AN ADVISORY GROUP TO WORK ON COMMUNITY INVOLVEMENT IN THE STUDY OF AND POSSIBLE IMPLEMENTATION OF “PAY AS YOU THROW” REFUSE COLLECTION

(99-6-28/R-14.3)

 

WHEREAS, the Council has adopted a solid waste management plan which calls for finding ways to reduce the amount of solid waste which is sent to landfills or other disposal sites; and,

 

WHEREAS, the solid waste management plan includes “Pay As You Throw (PAYT)” as one waste diversion strategy; and

 

WHEREAS, “pay as you throw” has been shown elsewhere to be an effective waste diversion method; and

 

WHEREAS, the Council desires to solicit as much feedback from the public as possible in determining the best course of action with respect to changing solid waste collection systems; and

 

WHEREAS, citizen groups provide a means of acquiring the desired feedback to the Council and can be an effective method of disseminating information to the community at large;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes an advisory group with the following charge:

 

·        involve the community in a conversation about “pay as you throw”, with the goals of determining community attitudes about “pay as you throw” and providing the community with information about “pay as you throw”;

·        identify potential obstacles in developing and implementing a “pay as you throw”  program, and how to overcome them;

·        identify possible strategies to begin a “pay as you throw” system if that outcome is acceptable to the community;

·        take into account the countywide solid waste management planning process and other initiatives in the county which could affect refuse collection, hauling and disposal in Chapel Hill;

·        review the report from the Chapel Hill Solid Waste Reduction Task Force, Toward Zero Garbage, the appropriate Weston Reports on this topic, as well as selected material available from Dr. Miranda of Duke University.  Additional research on experiences of communities in North Carolina and other comparable college communities throughout the country could be conducted as needed.  This review could look at the following: goals set by communities; how communities determined which system to use; what part education played in the success of the system; and for longer established systems, how well the system has worked, whether the goals were achieved and general attitudes by citizens after a period of time, if this information is available.  The work group could add to the list as determined necessary;

·        provide a report to the Council with a suggested work process and work schedule in the fall of 1999.  Subsequent reports to be submitted to the Council as determined necessary by the work group during the winter of 1999-2000.  A final report should be given to the Council to fit into the Council’s budget work sessions as early in the spring as possible for inclusion in the Council’s 2000-2001 budget, if the Council so determines.

 

BE IT FURTHER RESOLVED, that the advisory group consider “pay as you throw” issues regardless of whether it is backyard or curbside pick-up.

 

BE IT FURTHER RESOLVED, that the Council will appoint an advisory group that will consist of one or more representatives of the following groups:

 

·        homeowners

·        renters/student and non-student

·        multifamily development management

·        neighborhood groups

·        the University of North Carolina

·        an individual with utility management experience

·        business owners/operators

·        Council designee(s)

·        environmental groups

·        former sanitation worker

 

This the 28th day of June, 1999.

 

 

At Council Member Brown’s suggestion, she and Council Member Foy, the Council’s representatives on the Landfill Owners’ Group, agreed to act as liaisons to the Pay As You Throw Advisory Committee.  Council Member Brown said that she would be willing to convene the meetings.

 

 

Item 7 –  Report by the N.C. 54/Hamilton Road Intersection Work Group

 

Valerie Broadwell, Chair of the Special Work Group to Study the N.C. 54/Hamilton Road Intersection, said the Work Group understood that funds were limited and the staff needed to investigate the feasibility and the funding for their recommendations. She said that the Council needed to keep the Chapel Hill-Carrboro Schools apprised of the changes that Chapel Hill was planning for the intersection and how it related to the current “no walk” zone for Glen Lennox.

 

Fred Schroeder, a member of the Work Group, commended Valerie Broadwell, Chair; Libby Thomas, Vice Chair; and Dr. Dorothy Verkerk for their hard work in organizing and preparing the presentation. He reviewed the recommendations from the Work Group:

 


1.      Visual, Tactile, and Auditory Cues to Alter Driver Behavior:

 

·        Create Textured and colored crosswalks.

·        Landscape NC 54 median from Hamilton Road east to Burning Tree Drive.

·        Add Sidewalks and Planting Strips along NC 54 from Burning Tree Drive to Hamilton Road.

·        Place rumble strips on NC 54 in advance of intersection in both directions.

·        Reevaluate signing near and at the intersection.

 

2.      Protections for Special Populations 

 

·        Create a pedestrian refuge at the intersection by widening and extending the median into the crosswalk and adding proper curb cuts.

·        Designate stretch of NC 54 at intersection as a School Zone.

·        Provide Two Crossing Guards during school crossing periods.

·        Require Adult & Child Pedestrian Education Program for all Chapel Hill-Carrboro elementary schools.

 

3.      Ensuring Pedestrian Right-of-Way

 

·        Provide commitment from Town to enforce speeding and red light violations, and failure to yield to pedestrians.

·        Provide pedestrian signal heads at all four corners.

·        Add pedestrian-activated all red signal cycles—alternatively: institute dedicated left turn cycle for Hamilton Road in both directions; institute no turn on red; and institute no U-turn.

 

4.      Lane Configuration

 

·        Dedicate outside lanes to exclusive use for bikes/buses—alternately: designate Bicycle Lanes in both directions.

 

Mr. Schroeder said that the Work Group recommended that these proposals be approved and referred to the Manager.

 

Council Member Evans asked if the Work Group had addressed the location of the bus stops and crossing in the middle of the block and median prevention barriers to discourage mid-block crossing. Ms. Broadwell said that they had discussed the bus stops, but was not sure that much could be done about that. She said that there had been some fatalities in mid-block crossings, but that people felt safer crossing mid-block because there was less conflict between pedestrians and vehicles than at the crosswalks.

 

Mr. Zeger, a member of the Work Group, said that if some of the recommendations were implemented at the intersection it would make it less of a danger for pedestrians crossing at the intersection.

 

Ms. Broadwell said they had considered the plantings in the median to prevent mid-block crossings, and they also talked about a pedestrian fence for the median, but had been discouraged from doing this.

 

Council Member Evans asked about the pedestrian walk buttons.  Beth Kell, a member of the Work Group, said that they had proposed to extend the median into the crosswalk, where pedestrians could find a refuge if they could not get all the way across the road during the pedestrian light.

 

Council Member Evans asked the staff to come back with the impact study of the no U-turn recommendation and how much of the sidewalk had been planned and funded between Burning Tree and the Bypass, with a map of the design.

 

Council Member Brown said that she was impressed with the thoroughness and thoughtfulness of the report.  She asked the staff how this fitted in with the work going on presently with the NC Department of Transportation (NCDOT) officials and whether this report would be incorporated with the report of the NCDOT.  David Brown, Traffic Engineer and staff liaison to the Work Group, said that he was also a member of that group with the NCDOT and he had incorporated the Work Group’s report with the NCDOT’s.  Mr. Horton said that report would probably not be ready until September.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE RECOMMENDATIONS OF THE SPECIAL WORK GROUP TO THE MANAGER IN ORDER TO CONDUCT A FEASIBILITY DETERMINATION.

 

Mayor pro tem Capowski thanked the Work Group for the way they had packaged the report. He suggested that a major attention-getting sign, possibly with humor, could be used to indicate that there was a school crossing at the intersection, such as the signage at the base of Hillsborough Street, to slow cars down.

 

Council Member Foy thanked the Work Group for remarkable work, and suggested that it could be used in other parts of Town. He suggested that the Work Group remain a standing committee. He asked if the positioning of the signal lights had any bearing on a driver’s perception of an intersection. Mr. Zeger said that the size of the signal heads had more impact than the placement of them. He said that the Work Group had focused more on pedestrian issues.

 

Ms. Broadwell said that some of their suggestions were to make the highway more of a boulevard, with plantings and trees, than like an interstate.

 

Council Member Wiggins thanked the Work Group and said that she appreciated their recommendations.

 

Council Member Bateman asked if the “No Walk Zone” had been lifted.  Dr. Verkerk said that if the police could not provide a backup for the crossing guard and the guard was unable to be present, it left a dangerous situation for the school children crossing at the intersection. She said that the School Administration said if that were the situation, they would declare the zone a “No Walk Zone,” and when they did so the police removed the crossing guards. She said that the School Administration was notified of what the Work Group was proposing, but they had not heard back from them.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 8 — OWASA’s Undeveloped Land and Open Space

 

Kathryn Spatz, Parks and Recreation Director, reported that the Special Use Permits (SUP) with regard to the unused portions of the properties would remain with both pieces of property, known as Nunn Mountain and Hilltop, no matter who owned the property, Orange Water and Sewer Authority (OWASA) or the Town.  She said that she, Bill Webster and the petitioner, Bill Strom, along with the Greenways Commission had walked the properties.  Ms. Spatz said that there were some privacy issues with the nearby neighborhoods, and the Parks and Recreation staff believed that the sites served well as they were at present, informal open spaces and passive recreation for the neighbors.  She said that the staff recommended that no action be taken at the present time.  Mr. Horton said that his staff agreed.

 

Pauline Grimson, representing the Westside Neighborhood Association, said that when OWASA planned a water tower on the Hilltop site, there were concerns in the neighborhood, and it was agreed to leave the site in a natural state, with trees blocking the tower from view.  She said that she believed that there was a covenant on part of the site which could not be changed, and said that the neighborhood would like to see the site remain in its natural state.

 

Council Member Foy said that he had pulled this petition from a prior meeting’s consent agenda because he thought it should be referred to the Greenways Commission, not the Parks and Recreation Commission.  He said that after having been a member of the Master Parks and Recreation Land Use Plan with the County, it became clear to him that there was a significant shortfall in the open space that the Town and County had available to citizens.  Council Member Foy said that the demands being placed on the Merritt Pasture provided further evidence that the Town was failing to take into account the needs of people in a specific community to have access to greenways.  He said that he thought both of the properties should be passive, open space, and limited use and should be investigated further as to whether they would be useful to citizens as part of Town-owned land.  Council Member Foy said he did not know whether OWASA ownership of the properties permitted this kind of use.

 

Council Member Brown said that the neighbors of the two properties should be involved in the decision, particularly since the language of the SUP specifically stated that, in the case of Hilltop, the remainder of the 16.97 acres shall remain undisturbed.  She said that if the Greenways Commission was chosen to make the decision, that the neighbors of both properties should be asked to join the discussion.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 15, DELETING THE PARKS AND RECREATION COMMISSION AND INSERTING THE GREENWAYS COMMISSION AND NEIGHBORS OF EACH SITE.

 

Council Member Bateman said that the Greenways Commission had already been consulted, as well as the Parks and Recreation Commission, each with conflicting recommendations.  She said that she thought that the Parks and Recreation Commission should also be represented.

 

Mayor pro tem Capowski said he did not think anyone else needed to look at the petition.

 

Council Member Foy said that his point was that given the deficit of places for public use, that the Town should encourage that this land be used for passive recreation to the point that it could be, and that at present the land, controlled by OWASA, was not open for public use.

 

Council Member Brown asked for staff comment on whether the public was trespassing.  Mr. Horton said that he did not believe that the land was posted, and he did not know of any public notice by OWASA having any objection to people walking on the lands, but that it was possible for them to change policy and object to people walking on the property.

 

Council Member Brown said that it was her understanding that whomever owned the property would still be restricted by the SUP as to the use of the property.  Mr. Horton said that if OWASA wanted to change the use of the property, they would have to file for a modification to the SUP.

 

Council Member Bateman said that OWASA had made it very clear, in discussions with the neighbors during the original SUP application discussions, that they wanted to protect the neighbors from a view of the water tower.  She said she thought the land should remain as it was.  She added that there already was a Town park at the base of Nunn Mountain.

 

THE MOTION WAS DEFEATED BY A VOTE OF 3-5, WITH MAYOR WALDORF, AND COUNCIL MEMBERS FOY AND PAVĂO VOTING AYE AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, EVANS AND WIGGINS VOTING NAY.

 

Item 9 – Consideration of Recommendations for Use of 1996 Open Space Bond Revenues

 

Kathryn Spatz, Parks and Recreation Director, reported that in January of this year the Greenways Commission recommended open space acquisition:

 

1.      To complete the Lower Booker Creek Greenway;

2.      To develop Morgan Creek Trail;

3.      To extend Bolin Creek Trail to Umstead Park;

4.      To create access to Merritt Pasture; and

5.      To purchase a large piece of property in northwest Chapel Hill.

 

She said that the report contained all the boards’ and commissions’ recommendations.

 

Ms. Spatz said that the staff looked at several strategies:

 

1.      Environmental protection in terms of Resource Conservation Districts (RCD).

2.      To create community or neighborhood open space.

3.      To look at entranceways.

4.      Acquisition on a case by case basis.

 

She said that the report would authorize the Manager to consider the Greenways Commissions’ recommendations as the basis for looking at open space acquisition.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 16.

 

Council Member Foy asked if there was a time-line in the resolution.  Mr. Horton said that the staff had not set a time-line, because the Council had not established a policy.  He said that the staff could bring an estimate of how it would be approached, and the time, as well.  Mr. Horton said that some of it would be the availability of the properties in a friendly manner, but the staff would give the priorities and the best estimate of time.

 

Council Member Foy asked if the funds were available for the properties and how that fit into current expenditures. Mr. Horton responded that the staff would expect to be able to meet the needs of what had been identified as priority by the Greenways Commission with the funds that were available, after which the staff would have to come back to the Council with a recommendation for another sale of bonds in order to complete the additional targets.

 

Mayor pro tem Capowski asked if the connectors were non-automobile connectors. Mr. Horton said they were.

 

MAYOR PRO TEM CAPOWSKI MOVED TO AMEND THE RESOLUTION TO INSERT THE WORD “NON-AUTOMOBILE” BEFORE “COMMUNITY CONNECTIVITY.” 

 

Council Member Evans said she did not think this insertion was needed but she would accept the amendment.

 

Mayor pro tem Capowski suggested, in reference to the added recommendation to purchase small park sites suitable for performing and visual arts, that the Town be able to purchase these small neighborhood areas. Mr. Horton said that he did not believe that any of these funds could be used for that purpose, in accordance with the Council’s general policies and Resolution 16 would not suggest that.

 

Council Member Brown asked how far along the Merritt Pasture Work Group was in defining “open space.” Ms. Spatz said that the Greenways Commission and the Parks and Recreation Commission had just recently agreed on the composition of the Committee.

 

Council Member Brown said she would like the Town to be able to buy open space to leave in a natural state.

 

Mayor Waldorf said that she agreed and interpreted Resolution 16 and the Report as leaving the Council free to do just that.

 

THE AMENDED MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO USE THE GREENWAYS COMMISSION’S JANUARY 1999 RECOMMENDATIONS AS A BASIS FOR INVESTIGATING AND RECOMMENDING LAND AND EASEMENT PURCHASES AND TARGET “NON-AUTOMOBILE COMMUNITY CONNECTIVITY” AS THE PRIMARY LAND ACQUISITION GOAL FOR USE OF 1996 OPEN SPACE BOND FUNDS (99-6-28/R-16)

 

WHEREAS, the voters of Chapel Hill have authorized the sale of $3,000,000 in Open Space bonds; and

 

WHEREAS, the Council has established an Open Space bond sale schedule for the years 2000 and 2002; and

 

WHEREAS, the Council received the Greenways Commission’s recommendations for use of Open Space bond funds on January 11, 1999 and referred those recommendations to Town advisory boards and staff for further comments; and

 

WHEREAS, the Greenways Commission’s recommendations were primarily related to issues of community connectivity; and

 

WHEREAS, comments have been received from most advisory boards that support the Greenways Commission’s recommendations; and

 

WHEREAS, the Comprehensive Plan Committee has discussed the importance of the concept of connectivity and other community values;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes non-automobile community connectivity as the primary goal for use of 1996 Open Space bond funds; and, in addition, the Council would seek to preserve entranceway corridors, scenic vistas, environmentally sensitive areas, Resource Conservation District land, community open space, and neighborhood open space.

 

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to use the Greenways Commission’s recommendations as a basis to investigate and identify potential properties and easements for purchase using 1996 Open Space bond funds.

 

This the 28th day of June, 1999.

 

 

Item 10 – Report Regarding Development Near Village West

 

Roger Waldon, Planning Director, said that there were two sites under discussion: one at the end of Sykes Street in Northside, and one off of Jay Street, behind Village West Townhouses.  He said that both pieces of land had been subdivided more than fifty years ago.  Mr. Waldon said that the current owner intended to build single-family and two-family dwellings on the property. He said that building permits were issued on the Sykes Street side and those units were under construction and nearing completion, although no certificates of occupancy had been issued yet. Mr. Waldon said that a driveway permit had been approved for the property off Jay Street, but no building permits had been issued.  He said that there had been some new points since the June 14th report.  Mr. Waldon said that one was a question of whether or not what was being proposed off Jay Street constituted a subdivision, which had to come before the Council for approval. He said that the staff has determined that what was proposed off Jay Street was not a subdivision. Mr. Waldon said that full development of the off Jay Street site as proposed would need several approvals that had not yet been obtained, including water and sewer plans, an erosion control plan, and an encroachment agreement for a private drive in what was public right-of-way. He said that a request for an encroachment agreement had been made to the Town Manager, who indicated that that request would have to be made to the Town Council. Mr. Waldon said that there was development along the off Jay Street property that would be possible without the encroachment agreement.

 

Mr. Warren Faircloth, Orange County Erosion Control Supervisor, was present to answer questions.

 

Mayor pro tem Capowski asked Mr. Faircloth if the land on the Northside site, which had been denuded and overlooked the Creek, was okay. Mr. Faircloth said that an erosion control permit should have been obtained for this property because of the nature in which it was developed, but it had slipped through the cracks and no permit had been obtained. He said that the owner had been informed how he must correct the problems and that he was in the process of doing so. Mr. Faircloth said that if the violations were not corrected a “stop work” order could be issued until the violations were corrected.

 

Council Member Brown asked if the violations were severe and the developer continued to work on the project, could that warrant a “stop work” order. Mr. Faircloth said that it could, but that the developer was continuing to work on the violations and had taken some steps toward rectifying the situation.

 

Council Member Foy asked if any kind of erosion control plan had been submitted for the properties off Jay Street. Mr. Faircloth said that there had not, and the developer had been told that a plan must be received before he could proceed.

 

Council Member Foy asked how many violations, historically, had been received by this developer. Mr. Faircloth said this was the third.

 

Mayor pro tem Capowski said that it was hard to visualize, with the clearing such as had been done, what was going to be built on the Northside site. Mr. Faircloth said that they were assuming much the same development as the Sykes Street side, and that there would be a substantial amount of land-clearing activity.

 


Thomas Ogle, resident of Village West and a signer of the petition, thanked the Council for their concern in looking at the problem. He said that there was confusion in the neighborhood as to what was happening in the neighborhood, with a suggestion of a right-of-way being put along side one of the neighborhood homes, and no one knew who was responsible, the developer or the Planning Department.  Mr. Ogle asked that there be an open line of communication.

 

David Thomas, resident of Village West, thanked the Council Members for their concerns and for looking at the property under discussion. He said his main concern was for Jay Street, a narrow, gravel street, and how it would be possible to have the housing proposed, the necessary utilities provided, without widening the street, paving it, and cutting down the trees.  Mr. Thomas asked the Council to keep his neighborhood informed as to what was going to happen.

 

Mr. Waldon said that he had seen no plans for widening Jay Street, and it would need either an encroachment agreement or an engineering construction permit to approve the plans for building the streets in one of the Town’s rights-of-way. He said the Planning Department was not requesting it be widened.

 

Council Member Brown asked if the row of trees between Village West and the road was in danger. Mr. Waldon said that there were no plans presently for removal of the trees, but one of the unresolved questions was how water lines to the properties would be extended. He said that one of the options to bring in the water lines would be to work with Village West to bring their water line to the property line of the development. He said that the other option for bringing in water lines would be to bring it down the public right-of-way on Jay Street, which almost assuredly would result in loss of vegetation, because the public right-of-way was where the trees were.

 

Council Member Brown asked what could be done to protect the tree buffer for the Village West residents. Mr. Waldon said that was a matter between the property owners, and he was not sure whether the Council could do anything to prevent the cutting of the trees.

 

Council Member Foy asked about the public safety issue of how the Fire Department would get down the narrow street. He said that the private easement was connecting two public rights-of-way and the owner of the private easement would have control over its use. Council Member Foy said that the Town should take the position that it would not open up the right-of-way unless it was all a public right-of-way. Mr. Waldon said that would involve an encroachment agreement which would have to come to the Town Council.

 

Council Member Evans said she thought the residents of Village West should have the option of bringing the water line by the dumpster, rather than bringing it down Jay Street. She asked if the Town had the authority to require the widening of the road. Mr. Waldon said that the public had the right to travel Jay Street.

 

Mayor pro tem Capowski agreed with Council Member Foy that the Town should not have a private way connecting to public rights-of-way, and he advised the Town not to get involved in private ways which could cause more trouble and expense in the future. He said he did not have
sympathy for the developer because the construction was shoddy and aesthetically poor, and that adding several cars would only worsen the situation. He asked if the Chapel Hill West Cemetery was buffered adequately on the Jay Street development.

 

Mr. Horton said it was the intent of the staff to exercise as much regulatory control over the project as possible, given the unusual conditions, and, recognizing their concerns, he would keep the Council apprised of developments in the issues.

 

Council Member Foy said that it would be a good time to look at other similar property situations as these two properties were, to determine what could be done. Mr. Horton said that he and John Davis would be looking at just those other cases where similar conditions existed.

 

Item 11 – Report from Neighborhood Benefits Committee of the Landfill Owners’ Group

 

Council Member Foy reported from the subcommittee of the Landfill Owners’ Group, the Community Benefits Committee. He said that Council Member Wiggins and he were the Chapel Hill representatives on the Committee, other members were from the Carrboro Board of Councillors and the Orange County Board of Commissioners. He reported that the Committee was charged with:

 

1.      Defining what area should be extended benefits from being situated next to the Landfill for the last 25 years;

2.      What the cost of extending water would be;  and

3.      What the source of funds should be for extending water.

 

Council Member Foy said that the first step was to work with the County Engineer to determine what would constitute the Historic Rogers Road neighborhood, where the Committee determined water should be extended, an area currently on wells and septic system. He indicated on an overhead map the areas considered the potential Rogers Road area.  Council Member Foy said, as part of the Committee’s study, the County Engineer and an assistant surveyed all of the lots, and talked to all the residents to determine what the system was for water and sewer. He said that, based on the information retrieved, the Committee decided that what constituted the Historic Rogers Road neighborhood was on the map, with the exception of lot 30, which abutted Eubanks Road, and lots 115, 116, 117, and 118, which were essentially part of a different neighborhood.  Council Member Foy said that the Committee recommended that the Rogers Road neighborhood benefits be extended to every lot on the map with the exception of lots 30, 115, 116, 117, and 118, the services to include 119, the Nunn property.

 

Council Member Foy reported that the estimated cost of extending water was $950,000, which included construction costs for the public portion of the line ($560,000); plumbing and other costs for individual service lines ($270,000); and utility service fees for individual connections ($80,000).

 

Council Member Foy said that the unique problem was what to do with the Nunn property, because it clearly had an impact from the Landfill, although not contiguous to the other properties. He said that the Committee had dealt with this property separately and had talked with the Nunn family, who said that it would be acceptable to them not to have water service extended at the present time. Council Member Foy said that the Nunn family and the Committee agreed that the responsible local agency should enter into an agreement with the Nunn family to provide the following:

 

1.      A new monitoring well to monitor water quality on the Nunn property would be put in place immediately; and

2.      A contract would be entered into immediately between the Nunns and the responsible local agency that guarantied extension of water to the Nunn property upon the happening of certain triggering events, which could include deterioration of the water quality, or water lines were extended within the vicinity of the Nunn property.

 

Council Member Foy said that the Committee recommended that the funding should be in two parts—$560,000 for the placement of public water lines immediately—funded by County-wide sources: (a) a bond, (b) certificates of participation, or (c) general fund. He said there was also the possibility of using Landfill funds such as the “tipping” fee, if that should be considered a legal means.  Council Member Foy said that the second phase for funding would be the private phase of $390,000, to connect to individual houses once the water lines were down, possibly by various forms of subsidies depending on the individual situation, or the County needed to provide some kind of subsidy for the private portion.

 

Gary Carver said that a work group had been formed over two years ago, comprised of citizens and LOG members, and they had come up with 14 points to look at the compensation for citizens living near the Landfill. He said it was not true that all 14 points had been implemented: (1) no bus route, (2) no discussion of planning jurisdiction that divided the neighborhood,  (3) no discussion of what would happen after the Landfill closed, and how the property would be used, (4) no discussion about building a neighborhood recreation facility for the neighborhood, (5) no further activities in the Landfill, which in fact had been continuing. Mr. Carver said that the citizens of the neighborhood had had no guarantee that these issues would be addressed. He said that all the neighborhoods were not included in the water issue, and that if any family deserved to have the water lines run to them it was the Nunn family, who had lived by the Landfill without consideration. Mr. Carver said that he was confused about the subsidizing, and did not think that the bond issue would pass in the County.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, THAT THE COUNCIL ACCEPT AND ENDORSE THE RESOLUTION AND TO DELIVER THIS REPORT TO THE ORANGE COUNTY BOARD OF COMMISSIONERS AND TO THE INTRALOCAL COMMITTEE AND THE CARRBORO BOARD OF CONCILLORS.  

 

Council Member Wiggins, who also served on the Community Benefits Committee, said that the Committee was very sensitive to the position of the Nunn family. She said that Mrs. Nunn and her daughter attended several meetings of the Committee, and a subcommittee of the Committee met with them. Council Member Wiggins said that there had been discussion of running the water lines to the Nunn property, but by the time the water would reach their property, it would
be stale and unusable for human consumption. She said that if a pump or other means of obtaining water were installed, the costs would have been great. Council Member Wiggins asked Council Member Foy about a fund which the Committee had discussed.

 

Council Member Foy said one of the possibilities would have been to establish a trust fund to make cash available, but some of the Committee members resisted that possibility, and it was decided to enter into a written contract.

 

Mayor pro tem Capowski asked Council Member Foy if the $390,000 for private connection included a monthly water bill subsidy.  Council Member Foy said it did not.

 

Mayor pro tem Capowski said, if the water in the wells of the neighborhoods was healthy, why would they want to connect to Orange Water and Sewer Authority (OWASA) water, which on average costs about $25 per month, as opposed to about $2.00 per month to pump water from a well. He asked why the Committee recommended private hook-ups.

 

Council Member Foy said that the Committee had no way of knowing whether the water in the wells was healthy. He said that the lines would be available for anyone who wanted to hook up, but they would not be required to do so.

 

Rev. Robert Campbell said that the residents of the neighborhoods were already spending between $50-$65 a month in bottled water, and there were contaminated wells with viral cholera bacteria in the water. He said connecting to OWASA would be healthier for the residents and cheaper per month than purchasing bottled water.

 

Council Member Pavăo called the question.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 15 – Petitions

 

Council Member Brown said that she wanted to change the number of affordable housing units at Southern Village mentioned in her memorandum from 10 to 20, as suggested by a citizen.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO AUTHORIZE THE MAYOR TO WRITE A LETTER ON BEHALF OF THE COUNCIL TO MR. BROWN, DEVELOPER OF SOUTHERN VILLAGE, ASKING THAT AT LEAST 20 AFFORDABLE HOUSING UNITS BE BUILT AT SOUTHERN VILLAGE AND TO WORK WITH ROBERT DOWLING OF THE ORANGE COMMUNITY HOUSING CORPORATION. 

 

Council Member Wiggins asked if Council Member Brown’s petition was asking for 20 affordable housing units in addition to the ones already planned.  Mayor Waldorf replied that there were not any units designated as affordable housing in the Master Land Use Plan but there were some condominiums priced around $100,000, an affordable price.  She said that she understood Council Member Brown’s petition as asking the developer to work on a project with Orange Community Housing Corporation to create affordable housing.

 

Council Member Wiggins said that there were some affordable units at Southern Village already, and she knew there were plans for 32 more units that would sell for under $100,000.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, A PETITION TO ASK THE COUNCIL TO AUTHORIZE THE MANAGER TO REQUEST THE ENERGY STANDARDS REFERENCED IN THE MEADOWMONT SPECIAL USE PERMIT FROM MEADOWMONT DEVELOPER ROGER PERRY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

The meeting was adjourned at 11:09 p.m.

 

 

 

The minutes of June 28, 1999 were adopted on the 23rd day of August, 1999.

 

 

 

 

                                                                        __________________________________________

Joyce A. Smith, CMC

                                                                        Town Clerk