CLOSED SESSION OF THE CHAPEL HILL TOWN COUNCIL
WEDNESDAY, JULY 7, 1999 AT 6 P.M.
Mayor Rosemary Waldorf called the meeting to order at 6 p.m.
Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo, Edith Wiggins.
Staff members present were Town Manager Cal Horton, Town Attorney Ralph Karpinos, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the ManagerRuffin Hall, and Acting Town Clerk Toni Pendergraph.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO MOVE INTO CLOSED SESSION AS PER N.C. GENERAL STATUTE SECITON 143-318.11(a)(3). THE MOTION WAS ADOPTED UNANIMOUSLY.
Mayor Waldorf opened the discussion regarding the Council’s confidential memorandum of July 7, 1999.
Mr. Karpinos provided an update and described technical changes to the document requested by the applicants. Mr. Karpinos also distributed the July 7, 1999 letter from the applicants that included the applicants’ request for a mechanism to convert the park and ride spaces back to public use should there be a change in the demand for spaces and if the spaces were needed for tenant use.
Mr. Horton said that Roger Perry had requested that he convey to the Mayor and Council Mr. Perry’s statement that he was not requesting any proposed changes to the negotiated agreement.
Council Member Foy stated that he believed the Town was interested in a more permanent park and ride arrangement and clarified the negotiation team’s agreed upon requests. Discussion continued regarding the negotiation meeting of June 30, 1999, and Council Members Foy and Bateman pointed out that they believed the negotiations had gone as far as possible and that the agreed upon proposals were the final points of agreement to be proposed and agreed to by the applicants.
Mayor Waldorf summarized the discussion and pointed out that if the proposals are not accepted by the applicants the Town’s appeal continues in the Court of Appeals and that none of the requested funds for affordable housing will be received and none of the other changes in the hotel and office park the Council requested will take place. Mayor Waldorf also pointed out that the negotiation team was prepared to advocate for approval of Resolution A, but that the office park applicant’s new requests would require further discussion and approval by the Council.
Council Member Foy stated that he would support the negotiation team’s agreement but not the new changes, and that Resolution A states the agreement.
Mr. Karpinos further clarified that if the Council adopted Resolution A and if the applicant did not accept Resolution A, then the Town’s appeal would continue moving forward, but that the applicant could agree to accept Resolution A at any time during the appeal process.
Council Member Bateman proposed the Council accept the two Resolutions issuing the permits for the office park and hotel with no acceptance of any changes requested by the applicants after June 30, 1999 (with the Council voting publicly after the closed session.)
Council Member Brown requested information on what documents would become public. Mr. Karpinos answered that the negotiation documents, letters and closed session summaries would be available to the public after the matter is settled.
Mayor Waldorf clarified that there is no guarantee that the office park applicant would accept Resolution A without inclusion of the applicant’s requested changes.
Council Member Wiggins thanked the negotiation team and moved for conclusion of the closed session and adjournment, and Lee Pavăo seconded.
The Closed Session was opened and the meeting was adjourned at 6:50 PM.
The minutes of July 7, 1999 were adopted on the 11th day of
October, 1999.
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Joyce A. Smith, CMC