CLOSED SESSION OF THE CHAPEL HILL TOWN COUNCIL

     MONDAY, JANUARY 31, 2000 AT 9:40 P.M.

 

Mayor Rosemary Waldorf called the Closed Session to order at 9:40 p.m.

 

Council members present were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Lee Pavão, Bill Strom, Jim Ward, and Edith Wiggins.

 

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, and Town Clerk Joyce Smith.

 

Ms. Loewenthal gave a preliminary report regarding property owned by Bill Rogers located along Tanyard Branch.  She stated she had met with him on January 13^th, and indicated he was interested in selling the entire parcel.  Ms. Loewenthal said she indicated to him that the Town was looking for less expensive options.

 

Ms. Loewenthal stated that the current appraisal on the property was $512,000, about $30,000 for each of the 17 lots, plus $1,820 for a small strip.  She said that Mr. Rogers wants $1.7 million for all parcels, but reminded the Council that the Town’s appraiser set the value at $512,000.  Ms. Loewenthal noted we may be able to negotiate down from $1.7 million, but probably not close to $512,000.  She asked the Council if they wanted to consider purchasing a portion of this property.  Referring to the attached map, Ms. Loewenthal noted that Mr. Rogers was willing to sell the blue portion south of Village West for $250,000, the yellow parcel along Tanyard Branch for $500,000, and the orange parcel along a tributary to Tanyard Branch, which is least useable by the Town, for $400,000.  Ms. Loewenthal asked the Council how they wanted her to proceed.

 

Council Member Strom asked how we could purchase a conservation easement, noting that we could allow Mr. Rogers to build on the 17 lots, and we retain an easement.  Mr. Horton answered that he believed it would be crowded to build that much outside of the RCD.

 

Mayor Waldorf requested highlights on what is desirable in terms of the greenway.   She asked if we needed the entire property.  Ms. Loewenthal said that is what was being offered.  She added that she believes his prices are high,  based on what he thinks he can make if he built on all the lots and sold them.  Ms. Loewenthal said he has lots with building sites cleared for houses and is ready to move ahead with his plans.

 

Mr. Horton asked what the Council’s objective was.  He said if it was to protect Village West, then the blue parcel should be acquired, and if not, then the yellow parcel, especially in light of the prices being asked.

 

Ms. Loewenthal noted the back of the lots are very steep, so there is no point is buying only an easement along the rears of those parcels.  Mr. Horton noted there is no water or sewer currently.

 

Council Member Foy asked if we owned the entire trail.  Ms. Loewenthal answered yes.

 

Council Member Brown asked what funds would be used if the Council proceeded.  Ms. Loewenthal answered Open Space bond funds, adding that $2,575,000 in unallocated funds remain. Ms. Loewenthal said no hard negotiation had taken place as yet, but Mr. Rogers was anxious to move ahead.  She asked the Council for guidance on what should be negotiated, the entire area or a portion.

 

Council Member Foy said he believed the objective was to protect the greenway before houses took over the area, adding a secondary objective was to obtain the parcel in blue to mitigate the effects of construction on the open space.  He noted the yellow portion is the primary consideration.

 

Mayor Waldorf reminded the Council they do have condemnation powers, to protect the greenway and the stream.  She said if the Council choose to do that, then the Town would need to pay fair market value for property.   Mr. Karpinos added that a jury would decide what that was.

 

Mr. Horton said a bargaining chip would be to remind Mr. Rogers that the Council had agreed to negotiate, but does have condemnation powers.  Mr. Horton noted that Mr. Rogers’ response would most likely be that the Town was infringing on his rights by preventing him from developing his property.

 

Council Member Ward said he was interested in the right hand piece of the orange area along the trail.

 

Council Member Foy said he believed the yellow piece was worth $100,000.

 

Mayor Waldorf asked if the Council was willing to pay $100,000 for that area.  Council Member Brown said she would support it.  Mayor Waldorf agreed she would as well.  The Council indicated it wished the staff to pursue possible acquisition of the yellow piece.

 

Mayor Waldorf said she did not believe the Town was interested in the orange parcel, but would take easements at the back of the currently developed lots.  Mr. Horton noted we would keep communication open and continue to negotiate with Mr. Rogers.

 

The Closed Session adjourned at 10:03 p.m.

 

 

Attachment:            Map – Potential Open Space Purchase, Tanyard Branch Open Space