SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, FEBRUARY 14, 2000 AT 7 P.M.

Mayor Rosemary Waldorf called the meeting to order at 7 p.m.

Council members present were: Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Bill Strom, and Edith Wiggins. Mayor pro tem Lee Pavão and Council Member Jim Ward were absent, excused.

Staff members present were: Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Police Major Gregg Jarvies, Public Works Director Bruce Heflin, Planning Director Roger Waldon, Deputy Fire Chief Caprice Mellon, Human Services Coordinator Karen Rose, Finance Director Jim Baker, Long Range Planning Coordinator Chris Berndt, Engineering Director George Small, and Town Clerk Joyce Smith.

Item 1 - Ceremonies (none)

Item 2 - Public Hearing to Receive Comment on

Law Enforcement Block Grant

Police Major Gregg Jarvies explained that tonight was the second step in a three-part process required by the Department of Justice for the Police Department to be eligible for block grant funds. He reported that an advisory board had reviewed and approved the grant application without comment (phase one) and that this public hearing would fulfill phase two of the requirements. 

Major Jarvies said that he would bring to the Council a proposal on February 28th and would ask the Council to authorize acceptance of the grant.  He added that the Police Department would spend the grant funds to upgrade its computer information system, the details of which would be explain on February 28.

Mayor Waldorf noted that no one had signed up to speak on this item and that no Council action was required until it comes back on a future agenda.

Item 3 - Petitions by Citizens and

Announcements by Council Members

3a.  Petitions by citizens on items on the agenda.

James Coley spoke regarding Item 5b, enforcing the speed limit on East Franklin Street.  Mr. Coley said that he had petitioned the Council last month to enforce the 25 mph speed limit on Franklin Street.  He noted that Item 5b states that tickets are being given for speeding on Franklin Street, and said that he hoped these enforcement efforts would continue and increase.  Mr. Coley added use of the Sharp radar unit is a step in the right direction.  He suggested that it be placed in various spots on the street on a consistent basis. 

3b.  Petitions by citizens on items not on the agenda. 

3b (1).  Mayor Waldorf introduced a written petition from Mr. Marcus Steiner requesting that ownership of a dirt road on Town property, which provides access to his property, revert to him.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MR. STEINER’S PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

3b(2).  Mayor Waldorf introduced a letter from Bob Lockwood of the American Red Cross regarding a request for financial support.

Council Member Pat Evans asked how much was available in Council Contingency Funds.  Town Manager Cal Horton replied that he was not sure of the exact remaining balance but believed that $5,000 was available.

Mr. Horton thanked the Red Cross for providing shelter to people stranded on the highway during the recent heavy snow.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO CONTRIBUTE $5,000 FROM COUNCIL CONTINGENCY FUNDS TO THE AMERICAN RED CROSS.  THE MOTION WAS ADOPTED UNANIMOULSY (7-0).

3b(3).  Seth Landau, a student representative of a coalition that opposes the World Trade Organization (WTO), petitioned the Town Council to pass a resolution against the WTO and its power to affect healthcare, education, social services, and government procurement. He argued that the WTO does not take the interests of developing countries into account, or the democratic sovereignty of the United States.  Mr. Landau asked for permission to formally present these arguments for Council consideration at a later date.

Council Member Evans requested that Mr. Landau provide information about all of the implications of doing what he has asked when this comes back before the Council. 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE THE PETITION AND THAT IT COME BACK AT A FUTURE DATE FOR COUNCIL DISCUSSION.  THE MOTION W AS ADOPTED UNANIMOUSLY (7-0).

 3c.  Announcements by Council Members (none).

]Item 4 - Consent Agenda: Action Items

 

Council Member Strom removed item 4e for discussion at the end of the meeting.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT THE CONSENT AGENDA WITH 4e (O-2) REMOVED.  THE MOTION WAS ADOPTED UNANIMOULSY (7-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(2000-02-14/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.

Nomination to the Planning Board (R-2).

b.

Transfer of State Economic Development Funds to Triangle J Council of Governments (R-3).

c.

Bids for construction of Phase I of Highway 54 West park and ride lot (R-4).

d.

Consideration of an ordinance regulating open burning (O-1).

f.

Budget amendment regarding NC 86 landscape improvements (O-3).

g.

Follow-up report and budget amendment concerning the Million Solar Roofs campaign
(R-5) (O-4).

h.

Resolution rescheduling budget work sessions (R-5).

This the 14th day of February, 2000.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2000-02-14/R-2)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Planning Board

Chris Beacham

Dale Dupree Coker

Henry A. Lister

Scott Radway

David Roth

This the 14th day of February, 2000.

A RESOLUTION OF THE CHAPEL HILL TOWN COUNCIL REQUESTING RELEASE OF STATE ECONOMIC DEVELOPMENT FUNDS TO THE TRIANGLE J COUNCIL OF GOVERNMENTS (2000-02-14/R-3)

WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the State; and

WHEREAS, the General Assembly continued to recognize this need through the appropriation of $990,000 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed by the member governments; and

WHEREAS, these funds are not intended to be used for payment of members’ dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and

WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State’s General Fund; and

WHEREAS, in Region J funds in the amount of $55,000 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to, and consequently, the benefits of the Research Triangle Park;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the release of its $3,120.07 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Section 16.27 of House Bill 168, the 1999 ratified budget bill.

This the 14th day of February, 2000.

_______________________________________
Rosemary I. Waldorf, Mayor

SEAL

________________________________________

Joyce A. Smith, Town Clerk

A RESOLUTION AWARDING A CONTRACT FOR THE CONSTRUCTION OF PHASE ONE OF THE N.C. 54 WEST PARK AND RIDE LOT (2000-02-14/R-4)

WHEREAS, the Council of the Town of Chapel Hill has solicited formal bids by legal notice on December 5, 1999 in accordance with G.S. 143-129 for the construction of Phase One of the 54 West Park and Ride Lot; and

WHEREAS, the following bids have been received and opened on January 13, 2000;

Bidders

Ruston

Paving

CC

Mangum

Triangle Grading & Paving

Mellott Trucking

Mecklenburg Utilities, Inc.

Roberson’s  Landforming

Base Bid

$312,512.00

$365,745.00

$369,812.60

$403,818.67

$443,277.00

$481,851.16

Alternate #1

($18,610.00)

 ($16,030.00)

($16,280.00)

  ($4,019.00)

 ($34,072.00)

  ($3,770.00)

Total

$293,893.00

$349,715.00

$353,532.60

$399,799.67

$409,207.00

$478,081.16

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a contract for the construction of Phase One of the 54 West Park and Ride lot, in an amount of $293,893.00 be awarded to Ruston Paving Company.

This the 14th day of February, 2000.

                       

AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES TO ADD REGULATIONS ON OPEN BURNING OF TREES, LIMBS, AND OTHER MATERIALS  (2000-02-14/O-1)

BE IT ORDAINED  by the Council of the Town of Chapel Hill as follows:

Section 1.  A new Article IA, Chapter 7 is hereby added to the Town Code to read as follows:

“ARTICLE  IA.  REGULATION OF OPEN BURNING

Sec. 7-7.  Restrictions on burning of trees, limbs, debris, etc.

(a) It shall be unlawful to burn yard waste, such as trees, limbs, stumps, construction debris, or to hold campfires for social events, without a permit from the Town Fire Marshall, on any property within the Town limits or within the Town’s extraterritorial jurisdiction.

(b)  Except as provided in Sec. 7-8 below and in Sec. 7-1 of this Chapter of the Code of Ordinances (related to the burning of trees due to Southern Pine Beetle infestation), the burning of  trees, limbs, stumps and construction debris shall be prohibited unless it is   demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property .

(c) The Fire Marshall may establish safety standards which must be met in order to receive a permit under this Article.


Sec. 7-8.  Symbolic fires.

This Article shall not be construed to prohibit symbolic fires for which permits are issued by the Fire Marshall, so long as precautions are taken to protect persons from injury and to avoid damage to surrounding property.  Such fires may be subject to reasonable regulations as to time, place and manner.

Sec. 7-9.  Other regulations remain applicable.

The provisions of this Article shall be in addition to any other applicable codes, ordinances and regulations regarding the permitting of open fires.  Where a conflict exists between this Article and any other applicable regulations exists, the stricter regulations shall govern the proposed activity. 

Section 2.  This ordinance shall be effective upon adoption. 

This the 14th day of  February, 2000.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-02-14/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, 1999” as duly adopted on June 14, 1999 be and the same is hereby amended as follows:

ARTICLE I

  Current Revised

APPROPRIATIONS Budget                Increase           Decrease Budget

GENERAL FUND

      Non-Departmental

            Transfer to Capital

             Improvements Fund    309,000 50,000                                         359,000

CAPITAL

IMPROVEMENTS FUND   1,735,730 50,000                                      1,785,730


ARTICLE II

Current Revised

REVENUES Budget                Increase           Decrease Budget

GENERAL FUND

            Fund Balance 1,620,630               50,000                                      1,670,630

           

CAPITAL

IMPROVEMENTS FUND      1,735,730        50,000                                      1,785,730

This the 14th day of February, 2000.

 

A RESOLUTION FOR THE TOWN OF CHAPEL HILL TO PARTICIPATE IN THE MILLION SOLAR ROOFS INITIATIVE (2000-02-14/R-5)

WHEREAS, local governments actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the government, its businesses and its citizens; and

WHEREAS, the N.C. Solar Center, sponsored by the Energy Division, N.C. Department of Commerce, has invited the Town of Chapel Hill to become a partner in the Million Solar Roofs Initiative;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town pledges to join with jurisdictions from all over the United States in the Million Solar Roofs Initiative and, as a participant in the Million Solar Roofs Initiative pledges:

1.      To set a goal of 500 solar energy systems to be installed town-wide by 2010.

2.      To organize a Steering Committee of local community, energy and environmental leaders.

3.      To identify, recruit and appoint members to the Steering Committee, including representatives from Carrboro, Hillsborough and Orange County.

4.      To designate staff support for the Steering Committee.

5.      To develop an Action Plan for 2000 specifying the actions to be taken to accelerate the use of solar energy locally.

6.      To implement and monitor the plan.

BE IT FURTHER RESOLVED by the Council that the charge of the Steering Committee will be to:

1.      Assess the community's needs and programs that would be most suitable for meeting those needs, as well as available resources and existing barriers to solar development.

2.      Develop a draft Action Plan for Council consideration.

3.      Implement and monitor the Action Plan.

4.      Report to the Council quarterly for one year.

This the 14th day of February, 2000.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-2-14/O-4)

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, 1999” as duly adopted on June 14, 1999, be and the same is hereby amended as follows:

ARTICLE I

  Current Revised

APPROPRIATIONS Budget                Increase           Decrease Budget

GENERAL FUND

     Non-Departmental

            Contingency 14,867                                              6,000 8,867

      Council 139,372                    6,000                                         145,372

This the 14h day of February, 2000.

A RESOLUTION RESCHEDULING DATES AND TIMES OF TOWN COUNCIL WORK SESSIONS FOR BUDGET PRESENTATIONS BY TOWN DEPARTMENTS (2000-02-14/R-6)

WHEREAS, the Town Council made a decision at the January 14, 2000 Council Retreat to condense the three short budget work sessions originally scheduled to one short session and one long session; and

WHEREAS, the Town Council originally set these sessions on March 1, March 8, and March 22, 2000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules budget work sessions on the following dates and times:  March 1, 4:00-6:00 pm and March 3, 12 noon to 5:00 p.m.

BE IT FURTHER RESOLVED that the March 8 and March 22 work sessions are hereby cancelled.

This the 14th day of February, 2000.

Item 5 - Consent Agenda: Information Reports

Item 5.1  Response to Chapel Hill Parks and Recreation Commission’s petition regarding stormwater grates in bike lanes.

Public Works Director Bruce Heflin stated that a recent petition had referred to a conflict between bike lanes and stormwater grates throughout Town, especially on State-maintained roads such as Airport Road, South Road, and Estes Drive.  He said they had surveyed and found about 800 grates that could present such a conflict.  Mr. Heflin noted that the 95 grates identified as depressed could be corrected with “lifters,” which cost about $600 each.  He reported that the total cost to lift these grates along the three State-maintained streets would be an estimated $57,000.

 

Mr. Heflin noted that there were 23 grates that would not necessarily need to be repaired, and this could reduce the cost to about $43,000.  He explained that he had talked with NCDOT and had been told that funding requests far outstrip available funds. Mr. Heflin said that he also had taken the issue to the Bicycle and Pedestrian Advisory Board and had attached its response to the materials.

 

Mr. Heflin pointed out that there were not enough funds available in the current budget to make these repairs.  He noted that the request could be brought back as a budget item, or the Council could redirect funds or operations if it desired.       

 

Council Member Bateman recommended having this come back to the Council as part of the budget deliberations.

 

Council Member Strom asked Mr. Heflin to clarify his response to the Advisory Board’s comments.  He also wondered if this could be litigated because the NCDOT is creating the hazard by the way it re-paves streets.  Council Member Strom added that this might be an item for the Town’s legislative discussions.

 

Council Member Strom asked what the acronym AASHTO stood for.  Mr. Heflin replied that it was the American Association of State and Highway Transportation Officers.  Council Member Strom, noting that there had been two sources of funds identified, asked whether or not the Town would apply for both.  He suggested applying for funds, investigating whether or not the issue could be litigated, and having it come to the Council. 

 

Council Member Brown wondered if it actually had to come back from the staff in order for the Council to direct the Manager to apply for NCDOT funds.  Mr. Horton replied that these funds usually are applied for through the Transportation Improvement Program.  He added, though, that there are additional sources that could be applied for, and agreed that the Town should apply in both places. 

Council Member Foy asked if these would be one-time repairs.  Mr. Horton replied that they would, because the problem would recur if the DOT did not change its paving method.  Mr. Heflin added that other towns had been working with the DOT to correct these problems, but had been paying for risers with their own funds.  Mr. Horton stressed that because the DOT does not have the funds it needs for maintenance, this problem receives a low priority.  Mayor Waldorf added that the DOT’s budget for road maintenance each year is about six percent of what it should be.  

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO DIRECT THE MANAGER TO APPLY FOR ANY AND ALL FEDERAL OR NCDOT FUNDS TO HELP REMEDY THE PROBLEM OF STORMWATER GRATES IN BICYCLE LANES. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Council Members also agreed to put this item on the agenda for the legislative breakfast.  Mr. Horton suggested including it among items for consideration at the Capital Improvements Program discussion. Council members agreed by consensus.

Council Member Strom asked if it would be worth having the Town Attorney investigate whether or not other towns had been considering litigation because of the hazard that the DOT’s paving methods create.

Council Member Wiggins suggested joining with other municipalities through the North Carolina League.

Mayor Waldorf noted that a representative of the League would be at the legislative breakfast.       

Item 6 - Annual Human Services Advisory Board Needs Report

Terry Tyson, Human Services Advisory Board Chair, emphasized that the Town’s human service needs are not static. She said that some of these needs get solved and others are long-standing. Ms. Tyson noted that two populations--Latinos and senior citizens—had been growing rapidly in the area.  Wake County, she said, had the second highest population of Latinos in the nation (next to Atlanta).  Ms. Tyson noted that there are more senior citizens than school children in Orange County.   

Ms. Tyson said that the Advisory Board’s policy is to question agencies about how they will use funds and to determine what the positive outcomes will be.  She said that the Council had approved a total of $178,200 in allocations last year, and assured the Council that the money is being used wisely. 

Ms. Tyson stated that the Board had identified four major areas of focus for the year 2000-2001:


·    Parent and Family Support

·    Education and Employment

·    Substance Abuse Treatment and Prevention

·    Services for High-Risk Youth.

Ms. Tyson said that they also want to offer support and resources to senior citizens, especially those who are moderately impaired and can stay in their homes.  Ms. Tyson remarked that affordable housing continues to be one of the Board’s concerns, but explained that it is beyond the scope of what they can address at this time.  She added that they do not want to forget other under-represented groups who still need assistance.

Council Member Wiggins asked if the Board had looked at overlap among agencies and at ways to coordinate or co-sponsor programs to cut back on financial needs.  Ms. Tyson agreed that there is a lot of overlap.  She said that the Board encourages agencies to look to other agencies that serve a specific problem and diversify their funding.

Council Member Wiggins noted that last year the Board had been able to fund 25 agencies, which was less than the number of requests.  Ms. Tyson said that was correct and explained that some had received reduced funds while others had not received any funding at all.   

Council Member Wiggins explained to the Council that some communities train agencies in mediation and then let them work out how to divide the money among themselves.  She explained that Council members who had spoken at a recent session of the National League of Cities had reported that this approach leads to better coordination and elimination of the “winner-loser” situation that goes along with traditional ways of allocating funds.

Ms. Tyson noted that the Board asks applicants how many Chapel Hill residents they are serving and if the money is being used efficiently.

Council Member Bateman recalled that the Council had voted on a conflict of interest issue related to this Advisory Board.  Ms. Tyson said that as a result of that Council action the board had lost only one member, who had in the past abstained from voting.

Council Member Foy commented that Council Member Wiggins’s idea was worth exploring. Council Member Wiggins agreed to follow-up on it with Ms. Tyson.

Mayor Waldorf asked if the appropriation to the Chapel Hill-Carrboro After School Program had been routed through the Board last year.  Ms. Tyson replied that it had, adding that the Board had suggested that the Program diversify its funding and apply to the School Board for funds as well. 

Mayor Waldorf noted that the Program had received a very large grant from the Town.  She commented that although she was a strong supporter of the After School Program, the amount of the funding should be considered in light of other needs.

Council Member Bateman noted that the Program’s funding would be the same for the next two years as well.  Ms. Tyson said this had been the agreement.

Mayor Waldorf, noting that the amount was $35,000, asked if it was the Council’s intention to give that sum to them again automatically even though they have this substantial grant.  Council Member Bateman replied that this might be something the Board could learn from, and something it might never want to do again.

Mayor Waldorf asked if the Board would still be monitoring the After School Program’s performance and progress and how effectively the funds are being spent even though they are not allocating funds for the second and third years.  Ms. Tyson replied that they would be. She said that Board members plan to visit some agencies and see for themselves how things are going.             

Item 7 - UNC Wellness Center at Meadowmont Special Use Permit

7a.  Continuation of hearing to receive Manager’s follow-up report on a Special Use Permit application and comments.

Planning Director Roger Waldon explained that this item had come back to the Council after the January 19, 2000 public hearing.  He showed the location of the emergency access on the site plan and noted that this had been one of the issues discussed at the hearing. 

Mr. Waldon stated that the revised Resolution A had five changes from the one brought in January:

·        a walkway connecting the Wellness Center to the Assisted Living Center,

·        a change in the number of parking spaces,

·        bioretention information,

·        clarification of language regarding payment “in lieu of taxes,” and

·        a discussion about porous pavement.

Mr. Waldon indicated the applicant’s response to comments and questions on page 88 of the materials.  He said that the staff continued to recommend that the Council approve the application and adopt Resolution A. 

Dan Lehman, representing UNC Hospitals, said that the issues brought up at the previous hearing had been answered and addressed very succinctly in the staff’s report.  He asked the Council to approve Resolution A, and requested that the Center be referred to by its correct name, UNC Hospitals Wellness Center, rather than Wellness Center.

Council Member Foy asked how the applicant’s commitment regarding porous asphalt would work in practical terms.  Mr. Waldon replied that the resolution falls short of requiring porous asphalt but does give the Town’s commitment to talking with the applicant and trying to work it out.  Mr. Horton added that if the Council adopted the resolution then he would expect to see porous asphalt or an explanation as to why it was not there. He added that he would have to be convinced that it was unwise or technically unfeasible, or he would not agree to sign anything that did not include it.

Council Member Evans questioned the staff’s response to the question about duel access to the property, noting that the staff had written that duel access to Meadowmont Lane had not been shown on the Master Plan.  Council Member Evans asked if adhering to the Master Plan in this way was the policy used in the past, and would be used in the future. She argued that a heavily used facility of this size should have two points of access.  Mr. Waldon replied that the points of access had been discussed and limited to one in the Master Plan.  He said that the Master Plan should provide guidance, but added that there is some leeway for a Council decision on a second point of access.  Mr. Waldon explained that the concern during the Master Plan stage, and now, was that traffic along Meadowmont Lane would likely be of a nature that the fewer points of access the better.  He repeated, though, that this is a discretionary item for the Council.

Council Member Evans noted that this would not be a full access because there is a median there.  She argued that the only traffic going in would be coming from the northeast, would not be going past the Village Center, and would alleviate traffic going into the Village Center.  She suggested that any way they could disperse traffic would be a good idea. 

Mr. Horton read from the Master Plan: “Driveways shall be minimized on Meadowmont Lane.  In addition, alternative access shall be provided for the Wellness Center and grocery store with no direct vehicular access on Meadowmont Lane or the transit corridor.”  He said that this language had guided the staff, whose job it is to tell the Council what is consistent with the requirements of the Master Plan.  He added that the Council has the leeway to make a decision that is contrary to the requirements of the Master Plan. 

Council Member Bateman asked Mr. Lehman to explain more about the pool.  Mr. Lehman replied that it would be a ninety-degree pool, which would be used for rehabilitative therapies.  He said that there also would be a 25-yard, multi-use pool for water aerobics and lap swimming.

Council Member Bateman told the Council that the community had expressed the need for a therapeutic pool with a temperature higher than the Community Pool.   She asked Council members if they would allow her to explore the idea of the Town purchasing access to the Wellness Center pool for people who would buy tickets at a subsidized rate. 

Mayor Waldorf asked Mr. Lehman if the facility was open to the public.  Mr. Lehman replied that the Center would be open to the public, but the warm water treatment pool would be available on referral for rehabilitation and to membership.

Ms. Mary Beck, representing the applicant, added that although the therapeutic pool use may be high, they would be willing to explore such options.  She added that they would need to meet rehabilitative needs first, but could then explore the option of broadening access to the community.

          

Mayor Waldorf asked when they might have an answer if the project is approved.  Ms. Beck replied that it probably would be a couple months after it was opened.  Mayor Waldorf asked the Attorney and the Manager if this idea would need to be pursued inside or outside of the Special Use Permit.  Mr. Horton replied that it probably is not something that the Council could require. He added, though, that the Council could trust Ms. Beck to keep her word and to fairly consider it.

Mayor Waldorf said that Council Member Ward had asked her to let the Council know that he was more inclined toward 208 parking spaces than to 215. 

Mr. Lehman stressed that they applicant would prefer to have the second access for all the reasons that Council Member Evans had given.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER FOY MOVED RESOLUTION A, AS AMENDED TO INCLUDE 208 PARKING SPACES.  COUNCIL MEMBER STROM SECONDED THE MOTION.

Council Member Bateman asked how the amount of the erosion control bond would be determined.  Ms. Beck said that she had asked Engineering Director George Small the same question, and he had explained that the applicant’s engineer would make a projection of cost of the erosion control system, adding the Town would then review that and, if agreed it was accurate, would then add twenty-five percent.  That would be the amount of the bond, Ms. Beck said, adding that it is not a cost that the Town would assess but what the applicant could get in terms of a surety bond from a bonding agency or a letter of intent from a lending agency for the contractor.

Council Member Evans requested adding stipulation six from Resolution D, regarding the second access, as a friendly amendment.  Council Member Foy replied that he was  satisfied that the emergency access is sufficient and preferred not to have that as an amendment.\

COUNCIL MEMBER EVANS MOVED TO AMEND THE MOTION BY ADDING STIPULATION SIX FROM PAGE 37 OF THE MATERIALS.  THE MOTION DIED FOR LACK OF A SECOND. 

The Council then moved back to the main motion.

THE MAIN MOTION WAS ADOPTED UNANIMOUSLY (7-0).

RESOLUTION A

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE UNC HOSPITALS WELLNESS CENTER AT MEADOWMONT (SUP 52..p/o 6)

(2000-02-14/R-7a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the University of North Carolina Hospitals, on property identified as Chapel Hill Township Tax Map 52, part of Lot 6, if developed according to the plans dated October 18, 1999, the Meadowmont Master Land Use Plan, and the conditions listed below, would:

1.         Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2.         Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations, with the modifications listed below;

3.         Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

  

4.         Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds that the development proposed herein is consistent with the Meadowmont Master Land Use Plan.

These findings are conditioned on the following:

Stipulations Specific to the Development

1.                  That construction begin by February 14, 2002 and be completed by February 14, 2003.

2.                  Land Use Intensity:  This Special Use Permit authorizes the following:

·        One two-story building, with a maximum of 52,000 square feet of floor area, for a health and recreation facility;

·        A parking lot with a maximum of 208 spaces;

3.      Taxation: That during any time this property is exempt from ad valorem property taxes, the owner shall make annual payments-in-lieu of property taxes, the amount to be determined based on a valuation determined by the Orange and Durham County Tax Supervisors and the applicable year’s established city and county tax rate.

4.      Sidewalks: That sidewalks be provided in the following locations:

·        along the site’s entire frontages of Meadowmont Lane and Sprunt Road;

·        from the Meadowmont Lane sidewalk to the parking lot and to the building;

·        from the Sprunt Road sidewalk to the parking lot and near the building;

·        from the parking lot to the greenway (two locations); and

·        along the east side of the main entry drive.

5.      Public Improvements:

A.        That Meadowmont Lane be constructed according to the approved Meadowmont Infrastructure Special Use Permit plans, from NC 54 to the northern property line of this site, prior to the issuance of a Certificate of Occupancy for this building.  This shall include the crosswalk across Meadowmont Lane, at the southern end of the intersection with Sprunt Road.

            B.         That Sprunt Road be constructed along the entire length of the site’s frontage and in accordance with the approved Meadowmont Infrastructure Special Use Permit plans prior to the issuance of a Certificate of Occupancy for this building.

            C.        That through phasing plans, this development’s transportation-related improvements shall be coordinated with the NC 54 construction and traffic signal improvements.

6.         Bike Racks:  That covered bike racks be provided on site, to be approved by the Town Manager.

7.         “Emergency Only” Access Point:  That an “emergency only” vehicular access point be permitted on Meadowmont Lane, with a drive connecting to the northeastern end of the parking lot, with the following features to discourage non-emergency use:

·        No curb cut on Meadowmont Lane;

·        Semi-permeable pavement, such as turfstone;

·        Break-away bollards; and

·        Signs at either end of the drive indicating “emergency use only”.

8.         Parking:

A.        Heavy Duty Pavement:  That heavy duty pavement be installed under the refuse service vehicle access route and under the dumpster pad, with pavement specifications, the location, and configuration to be approved by the Town Manager.

B.         Parking Area Screening:  That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

C.        Parking Lot Design and Construction: That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.  Some or all of the drive aisles, parking spaces, and/or sidewalks may be constructed of porous pavement if the material, construction, and design are approved by the Town Manager.

D.        Parking Lot Layout:  That the parking lot be redesigned to accommodate preservation of the root zones for the following existing trees indicated as being retained:

·        The 30” double oak at the southwestern corner of the parking lot;

·        The 26” oak at the northwestern edge of the parking lot, across from the building’s service entrance; and

·        The 6 magnolias at the northeastern corner of the parking lot.

9.         Permanent Retention Basin Installation: 

A.        That stormwater retention ponds be in place prior to the issuance of the Certificate of Occupancy for this building, if applicable.

B.         Compliance with the Town Watershed Protection District regulations, if applicable, shall be demonstrated with the provision of permanent ponds.  For those portions of the Meadowmont development complying with the Low Density Option as defined in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required.  For those portions of the development complying with the High Density option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.

C.        The size, accessibility, location, and design of each pond shall be approved by the Town Manager.

D.        These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.

E.         The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.

F.         The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance or repair as may be warranted.  Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager.  Restrictive covenants shall be recorded which shall identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.

G.                 Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners’ association.  A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager.  The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.

H.                 As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.

I.                    The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.

J.                   All sediment deposited in the ponds during construction activity on contributing sites must be removed before “normal” pond operation begins.

K.                Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.

L.         Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.

M.        Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.

N.        That no ponds be created within the perimeter landscape buffer required for Meadowmont development.

O.        That the ponds be located and designed such that damage to existing large trees can be minimized.

10.              Ownership and Responsibilities of Common Areas: 

A.       That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys.  All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association.  This owners’ association shall have maintenance responsibilities for commonly owner development elements which affect the entire development including the stormwater management facilities.

B.        In addition, a separate neighborhood association(s) and/or owners/ association(s) shall be created for the maintenance and regulation of the residential, office, and commercial areas.  The documents creating these entities shall be reviewed for approval by the Town manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

C.       The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, and the landscape buffers.

D.       These entities shall also be responsible for an “add-on fees” charged by Duke Power for special street lighting.

E.        These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

11.     Dedication of Right-of-Way and Sight Triangle Easements:  That right-of-way and sight triangle easements, as required by NCDOT or the Town, be dedicated prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

12.              Landscape Protection Plan: 

A.     That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines a detail of protective fencing; and construction parking and materials storage/staging areas.  The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation.

B.   That the grading plan be revised to accommodate the root zones of the trees to be preserved:

·        The 30” double oak at the southwestern corner of the parking lot;

·        The 26” oak at the northwestern edge of the parking lot, across from the building’s service entrance; and

·        The 6 magnolias at the northeastern corner of the parking lot.

This will likely entail the use of retaining walls and/or the deletion of several parking spaces.

No erosion control devices will be allowed within the designated tree preservation areas.

13.       Landscape Plan: 

A.     That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

B.   Detailed final plans shall include:

·        Demonstration that parking lot shading and screening requirements will be met;

·        Demonstration of compliance with the Master Landscape Plan for landscaping and preservation of vegetation.

Stipulations Related to Building Elevations

14.              Building Elevations/Site Lighting:  That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer, and Other Utilities

15.              Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

16.              Placement of Utility Lines Underground:  That the final plans indicate that all new utility lines shall be placed underground.

17.              Fire Flow:  That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

18.              Stormwater Management Plan: 

A.                 That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate.  The plan must show how stormwater detention for this site will be achieved.

B.                 Design and construction of any stormwater management facility shall be approved by the Town Manager.  All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for ingress/egress as necessary for construction, maintenance operations and equipment.  The drive shall be in a location to be approved by the Town Manager.

C.                 That the stormwater management plan be revised to show stormwater discharged and dissipated above the RCD.

D.        That the stormwater management plan include bioretention techniques and facilities.

19.         Transportation Management Plan:  That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan shall be updated and approved annually by the Town Manager.  The required components of the Transportation Management Plan shall include:

20.         Solid Waste Management Plan:  That a detailed solid waste management plan, including a recycling plan and a plan for managing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.             

21.         Detailed Plans:  That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

22.         Open Burning:  That the open burning of trees, limbs, stumps, and construction debris associated with this development is prohibited.

23.         Erosion Control:  That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the appropriate State agency and the Town Manager prior to issuance of a Zoning Compliance Permit.

24.         Silt Control:  That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

25.         Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

26.         Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

27.         Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void. 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the UNC Wellness Center at Meadowmont

This the 14th day of February, 2000.

Mayor Waldorf said that she would entertain a motion for the Manager to send a letter to Ms. Beck three months after a Certificate of Occupancy is issued to inquire about whether the Town’s Parks and Recreation Department could work out an arrangement with the  Wellness Center to provide access for people who needed a warm therapeutic pool. 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REQUEST THAT IN THREE MONTHS TIME THE MANAGER SEND A LETTER TO THE APPLICANT TO EXPLORE THE OPTION OF SHARED USE OF THE THERAPEUTIC POOL.  THE MOTION WAS ADOPTED BY CONSENSUS.

Item 8a - Report on Police Building Renovations

Mr. Horton, noting that the staff had not been pleased with the conflicting information given by the architect at the last meeting, explained that he had severed the Town’s relationship with that architect.  He said that the staff would take the information that had been developed and would prepare the kind of information that the Council had requested.  Mr. Horton stated that the staff would come back as quickly as possible with this information. 

Item 8b - Proposed Sale of $4.7 Million General Obligation Bonds

Mr. Horton recommended that the bond sale proceed as scheduled.  He noted that the Council could decide later what to do with those funds, adding that they could be used for Police purposes or for other public safety purposes.

Mayor Waldorf noted that there would be a two-year time period in which to make these decisions.  Mr. Horton added that the new architect would do a better job than the previous one at preparing cost estimates and explaining which things need attention now and which ones could be deferred. 

Item 8.1 - Response to Council Request Regarding a Proposal to Develop a

Fifteen-year Capital Improvements Program and Assess Needs for

Town Buildings and Facilities

Mr. Horton said that although the staff had worked on this item until late Friday night they had been unable to have it ready for tonight.  He added that they would be able to come back with it at the next regular business meeting of the Council.

Council Member Brown asked if the Manager would be bringing back a report on a Capital Improvements Program as well as the comprehensive analysis of building needs.  Mr. Horton responded yes.  Council Member Brown questioned the 15-year period, and Mr. Horton pointed out that the Council had determined that period. 

Council Member Brown inquired about the timeframe, and asked what sorts of information the staff was hoping to get. Mr. Horton said that he could not answer the question definitely, but thought that generally it would be a few months at the most.  He added that the kind of additional information required is mainly to identify items that need attention now as compared to items that could be deferred.  He added that this was, in essence, the question the Council had originally asked.

Item 9 - Process for Area-wide Traffic Management Study on the

 Glen Lenox, Little Creek, and Oaks 1 Neighborhoods (R-8) (O-5)

Mayor Waldorf recommended that the Council hear Council Member Strom’s proposal to defer this item.  Council Members agreed.

Council Member Strom said that he did not feel comfortable responding to the staff’s “road map” until there had been an opportunity for citizens to respond to what was being suggested.  He proposed giving it a couple of weeks so that concerned citizens could contact the Council. Mayor Waldorf agreed that this was a reasonable request since the Council had received the item so late.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO DEFER ITEM 9 TO THE FEBRUARY 28, 2000 COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 10 - Response to Petition from the Community Land Trust in Orange County Concerning the Scarlette Drive Affordable Homeownership Project (R-9)

Mr. Horton said that he thought elements were in place for the Council to proceed with this project.  Planning Coordinator Chris Berndt explained that tonight’s meeting constituted the third piece in the Town’s response to a petition from the Land Trust this past year concerning Town funds that could be granted to the project through the Community Development Program. 

Ms. Berndt explained that they were also proposing a Development Agreement among the Orange Community Housing Corporation, the Town, and the Land Trust.  She said that the Land Trust was asking that the $193,000 in Town funds already committed to the project be considered as a grant to the project.  She reviewed the concept behind the Land Trust and noted that since it would create long-term affordability, the staff thought the petition was reasonable and would help achieve the Town’s goal of achieving affordable housing in the long term. 

Ms. Berndt reported that the staff also recommended safeguards if the funds were made available as a grant, and had proposed a Development Agreement with Orange Community Housing Corporation as only a short time participant.  She noted that the staff had included safeguards in the packet, and listed five concepts that they recommended including in the Development Agreement:

·        In the event that the Community Land Trust dissolves, the ownership of the Scarlette Drive property would revert to the Town.

·        If a house were re-sold to a household earning more than eighty percent of the median income, the Land Trust would repay those funds to the Town unless the Council specifically approved the sale.

·        If a homeowner defaults on their mortgage with a bank and the Land Trust fails to exercise its rights to prevent foreclosure, then the Town would have the right to purchase the property.

·        The agreement would require that the Land Trust assume the responsibilities of the Homeowners Association in the event the homeowners fail to maintain the property.

·        The Land Trust would maintain a waiting list of pre-qualified homebuyers so buyers would be readily available when a home comes on the market.

Ms. Berndt said that these safeguards are contained in Resolution 9 and the revised wording proposed by the Orange Community Housing Corporation would revise the third bullet under the terms of the Development Agreement.  In summary, she said, this resolution would provide Town Community Development funds as a grant to the project and would recognize that Orange Community Housing Corporation would not be a long-term partner in the agreement.  She said that under the Agreement the land would ultimately be transferred to the Land Trust.  Finally, Ms. Berndt said, the resolution would include safeguards and would authorize the Manager to develop the agreement in more detail and execute it with the parties.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT R-9 WITH THE THIRD BULLET AMENDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION CONCERNING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE SCARLETTE DRIVE HOMEOWNERSHIP PROJECT AND AUTHORIZING THE MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT  (2000-02-14/R-9)

WHEREAS, on October 26, 1998 the Council received a final report with recommendations from the Land Trust Implementation Task Force and created the Land Trust Steering Committee; and

WHEREAS, the Community Land Trust in Orange County has been officially incorporated and received 501(c )(3) tax exempt status; and

WHEREAS, the Community Land Trust in Orange County has requested that the Town provide improved land on Scarlette Drive to the Community Land Trust in Orange County; and

WHEREAS, the Council has budgeted $192,000 of Community Development Block Grant Funds to the Orange Community Housing Corporation to develop the Scarlette Drive property;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill affirms the Council’s intent to provide Community Development Block Grant funds to the Orange Community Housing Corporation for the Scarlette Drive Homeownership Project, such funds to be provided as a grant for infrastructure improvements to the land, and acknowledges the future transfer of the improved land from the Orange Community Housing Corporation to the Community Land Trust in Orange County.

BE IT FURTHER RESOLVED, that the Council authorizes the Manager to develop and execute a Development Agreement governing the development, conveyance and long-term operation of the Scarlette Drive property among the Town of Chapel Hill, the Orange Community Housing Corporation and the Community Land Trust in Orange County to include the following terms:

·        Terms of Resolution 2000-01-10/R-24 and Resolution 2000-01-10/R-25.

·        If the Land Trust ceases to exist, ownership of the land would revert to the Town.

·        If the resale price of a home, as determined by the resale formula, is unaffordable to families earning less than 80% of the area median income, then before taking any action, the Land Trust will consult with the Town Council.  If a Land Trust home is sold to a family earning more than 80% of median income, without the Council’s’ approval, then the Land Trust will be required to repay the Town’s funds.  A mechanism for determining the value of the subsidy will need to be determined.

·        If a homeowner is in default, the Town will have the right to step in and either cure the default or purchase the home.

·        The Land Trust Board would be required to assume the responsibilities of the Scarlette Drive Homeowners Association if problems occur with maintenance of the property.

·        The Land Trust will maintain a waiting list of pre-qualified homebuyers so that when a home is available, there will be a family ready to purchase the home.

This the 14th day of February, 2000.

Item 10.1 - Report on Discussions Regarding a Proposed Water/Sewer

Boundary to Establish OWASA’s and Hillsborough’s Interest Areas

Mayor Waldorf introduced a letter that Eric Peterson, Hillsborough’s Town Manager, had written to OWASA concerning the proposed water/sewer boundary line.  She said that she had placed this item on the agenda because she thought the Council might want to decide what to do as a next step.   Mayor Waldorf explained that her preference would be to reaffirm the boundary that they formally approved in November 1999, even though it would be courteous to listen to Hillsborough’s reasons for making changes.

Council Member Evans wondered if it would be better to hear from Hillsborough before reaffirming the vote.

Council Member Brown requested a map that clearly identifies what was being proposed, and Mayor Waldorf agreed to provide one.  Council Member Brown said that since there were changes being proposed it would be worth informing the former Council members who had worked so hard on the Boundary Agreement.  

Mayor Waldorf said that the local mayors would meet on February 29th and that she would then have more information about Hillsborough’s position.

Council Member Strom suggested waiting to see what the reaction would be.

Council Member Foy pointed out that had stated in the letter that they wanted to make water and sewer service available to Camp New Hope, which is in the rural buffer.  He added that the Boundary Agreement would not permit that.   Mayor Waldorf agreed.

Council Member Evans said that the discussion of “public necessity” in the document might allow sewer and water to be extended.

Council Member Foy said that all parties should be clear about what they are agreeing on.

Mayor Waldorf pointed out that the letter from Hillsborough’s Town Manager to OWASA was not an official letter.  She added that she had merely wanted the Council to be informed.

Item 11 - Appointments

11a.  Community Design Commission.

Council Members Evans and Brown recommended re-advertising for the Community Design Commission. 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, THAT THE TOWN RE-ADVERTISE FOR APPLICANTS TO THE COMMUNITY DESIGN COMMISSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Mayor Waldorf directed the Town Clerk to re-advertise for the Community Design Commission and to include in the ad that nominations are still being accepted for the Planning Board as well.


11b.  Solid Waste Advisory Board. Appointed were Jan Sassman and Albert Vickens.

 
Solid Waste Advisory Board

Council Members

 

    Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavão

Strom

Ward

Wiggins

TOTAL

John D. Boyer

                     

Jan F. Sassaman

X

X

X

X

X

A

X

A

X

7

 

Albert F. Vickers

X

X

X

X

X

A

X

A

X

7

A = Absent

______________________________

Joyce A. Smith, Town Clerk

11c.  Council Committee discussion and appointments (R-10, R-11, R-12).

Mayor Waldorf stated that Council Members had agreed during their last retreat to name a committee to discuss and make recommendations about the Post Office building downtown.  She recalled that Council Members Pavão, Foy, Brown and Evans had volunteered.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-10.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION ESTABLISHING A POST OFFICE BUILDING NEEDS COMMITTEE

(2000-02-14-R/10)

WHEREAS, the Council has discussed the need to examine the Post Office Building’s current needs and future prospects;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council appoints Mayor Pro Tem Pavão and Council Members Foy, Brown, and Evans to serve as the Post Office Building Needs Committee.

This the 14th day of February, 2000.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-11.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPOINTING THREE COUNCIL MEMBERS TO THE FACILITIES NAMING COMMITTEE (2000-02-14/R-11)

WHEREAS, the Council has established a Facilities Naming Committee;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council appoints Council Members Bateman, Strom, and Wiggins to serve as the Facilities Naming Committee.

This the 14th day of February, 2000.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT R-12.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPOINTING AN ALTERNATE TO THE COORDINATION AND CONSULTATION COMMITTEE (2000-02-14/R-12)

WHEREAS, the Council wishes to appoint an alternate to the Coordination and Consultation Committee;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council appoints Council Member Edith Wiggins to serve as an Alternate Member of the Coordination and Consultation Committee.

This the 14th day of February, 2000.

Item 12 - Petitions (None)

Item 13 - Consent Agenda Item Removed

Council Member Strom, who had removed Consent Agenda #4e, stated that things like “sledding streets” are what make towns interesting.  He said that he understood the Manager’s concern about public safety and access but wondered if the Manager would come back to the Council with a suggestion of areas in Town that could be designated as sledding areas.

Council Member Bateman suggested the grassy knoll at the Community Center.  Mr. Horton said that there probably are a number of Town and University properties that could be used.

Mayor Waldorf noted that there was nothing in Mr. Strom’s suggestion that was inconsistent with passing the ordinance.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT O-2.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).


AN ORDINANCE REPEALING SECTION 21-7.2 OF THE CODE OF ORDINANCES RELATED TO DESIGNATION OF SLEDDING STREETS (2000-02-14/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Section 21-7.2 of the Town Code of Ordinances, entitled “Sledding streets” is hereby repealed.

Section 2.  This ordinance shall become effective upon adoption.

 

This the 14th day of February, 2000. 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO HAVE THE STAFF COME BACK WITH SUGGESTIONS OF ALTERNATIVES TO CREATE COMMUNITY SLEDDING AREAS.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO MOVE INTO CLOSED SESSION UNDER G.S. 143-318.115 TO DISCUSS THE POSSIBLE ACQUISITION OF PROPERTY IDENTIFIED AS TAX MAP 7.94B, PARCELS 1, 3, 4, 5, 6, 7, 8 AND 9 ALONG THE TANYARD BRANCH BEHIND VILLAGE WEST.   THE MOTION WAS ADOPTED UNANIMOUSLY.

The meeting was adjourned at 8:38 p.m.