SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, MAY 8, 2000, AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Joyce Brown, 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, Assistant to the Manager Bill Stockard, Town Attorney Ralph Karpinos, Finance Director Jim Baker, Town Accountant Kay Johnson, Interim Police Chief Gregg Jarvies, Planning Director Roger Waldon, Parks and Recreation Director Kathryn Spatz, Long Range Planner Chris Berndt, and Town Clerk Joyce Smith.
Item 1 - Ceremony: Certificate of Achievement for Excellence
in Financial Reporting for Town of Chapel Hill’s
1998-1999 Comprehensive Annual Financial Report
Mayor Rosemary Waldorf announced that the Town of Chapel Hill had again received honors from the Government Finance Officers Association: a Certificate for Excellence in Financial Reporting; and the Distinguished Budget Presentation Award for the fiscal year. She pointed out that only 34 of North Carolina’s 627 units of government had received both awards. Mayor Waldorf then presented the awards to Finance Director Jim Baker and Town Accountant Kay Johnson. Ms. Johnson shared credit with Town staff members Clarence Greer, Judy Weller, Mary Jean Williams and Carmen Horton.
Mayor Waldorf also recognized Boy Scout Troop #9 and their leader, Ed Marshall. She said that the scout troop would observe the Council meeting and later analyze the Town budget.
Item 2 - Public Hearing on Legislative Proposals and Possible
Adoption of Legislative Program
2a. Public hearing on proposals.
Town Attorney Ralph Karpinos noted that the Council had on April 24th called this meeting to hear public comment on proposals for inclusion in the Town’s Legislative Program for the upcoming short session of the North Carolina General Assembly. He said that the Council might also request that the delegation enact three bills which would:
1. Increase the spending limit on projects constructed by Town staff;
2. Allow use of traffic video code enforcement;
3. Allow enforcement of parking regulations on private lots upon request of the owner.
Mr. Karpinos recommended that after the Council hears public input, the Council take action to adopt a legislative program.
2b. Consideration of legislative program.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)
A RESOLUTION ESTABLISHING THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM FOR THE UPCOMING SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2000-05-08/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having held a public hearing for May 8, 2000, at 7 pm on proposed items for inclusion in the Town’s legislative program for the 2000 Short Session of the North Carolina General Assembly, hereby adopts as its legislative program the following proposed items and requests that members of the Town’s Legislative Delegation introduce bills for consideration during the upcoming session of the General Assembly:
Local bills to:
-increase the spending limit on projects constructed by Town Staff;
-allow use of video traffic code enforcement;
-allow enforcement of parking regulations on private property, upon request of the owner.
BE IT FURTHER RESOLVED that the Council expresses its support for General Legislation to:
-extend the moratorium on billboards along Interstate 40;
-revise the statutory authority regarding stormwater utilities to allow a wider range of use of stormwater utility fees.
BE IT FURTHER RESOLVED that the Council directs that copies of this resolution be forward to members of the Town’s Legislative Delegation.
This the 8th day of May, 2000.
Item 3 - Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items on the agenda. Mayor Waldorf, with the Council’s consent, allowed citizens to speak early on items which were part of the consent agenda.
5c. Claudia Sheppard, speaking for the Northwood Homeowners Association, explained that Northwood was planning to petition the Department of Transportation to construct a sidewalk on the west side of NC 86 from Weaver Dairy Road to the entrance of Chapel Hill North Shopping Center. She asked the Town Council to issue a statement of support to the Department of Transportation.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER TO DRAFT APPROPRIATE LANGUAGE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
5b. Joe Capowski, a Coolidge Street resident, asked the Council to close the easternmost block of Coolidge Street rather than making it one way. He said that closure would save several front yards on the eastern side of Columbia Street. Mr. Capowski noted that more people had replied in petitions that they wanted closure than had said they wanted one way.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE PETITION BACK TO THE MANAGER FOR IDEAS ON HOW TO IMPROVE THE SAFETY OF THE INTERSECTION AS WELL AS INFORMATION ON HOW AND WHEN THE INTERSECTION WILL BE AFFECTED WHEN COLUMBIA STREET IS IMPROVED. THE MOTION WAS APPROVED UNANIMOUSLY (9-0).
4c. Ruby Sinreich encouraged the Council to support the resolution supporting creation of a housing trust fund. The petition was received.
Aaron Nelson, speaking on behalf of UNC, asked the Council to permit the closing of a section of South Road—from Raleigh Street to Country Club Road—from about 5:00 p.m. on August 20, 2000, to about 5:00 a.m. on August 21, 2000, for Fall Fest, UNC’s third annual alcohol-free street party for returning students.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Kristina Ahlen, president of the Timberlyne Neighborhood Association, asked the Town to install stop signs on Partin Road at the intersection with Kingston Road. She noted that 152 residents had signed a petition requesting stop signs.
MAYOR PRO TEM PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Bateman asked Ms. Ahlen if she thought a petition was necessary to make a valid stop sign request. Ms. Ahlen replied that the staff had denied the request because stop signs at that intersection were not justified since there had been no accidents.
Seth Landau, a UNC student representing a coalition of groups opposed to the World Trade Organization, distributed information to the Council regarding the coalition’s position.
Council Member Brown suggested referring the information to the Manager to come back with a resolution to go forward with the group’s request to formally present arguments for why the Council should petition the federal government to not participate in World Trade Organization negotiations regarding the sovereignty of communities to protect their environment, labor laws, and procurement programs.
Mayor Waldorf wondered if it was appropriate to refer that to the Manager rather than a Council committee. She said she was not sure that the staff should be expected to have expertise on the issue. Council Member Brown offered to work on such a committee and to bring something back to the Council on her own.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO HAVE THE ITEM REMOVED FROM INFORMATION REPORTS AND TO HAVE IT COME BACK TO THE COUNCIL AS A RESOLUTION THAT SHE WOULD DEVELOP. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3b. Petitions by citizens on items not on the agenda.
Juanita Todd, a Village West Condominium owner/tenant, asked the Town Council to place Village West Condominiums in the single-family category rather than multi-family, which she said had led to multiple tenants and associated problems of noise, trash, diminished property values, and a lower quality of life.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Announcements.
Town Attorney Ralph Karpinos announced that the Orange County Superior Court had granted the motion of Carrboro and Chapel Hill for summary judgement upholding the two towns’ ordinances and policies on domestic partner healthcare benefits.
Item 4 - Consent Agenda: Action Items
Council Member Strom pulled 4h.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL WARD, TO ADOPT R-2 WITH ITEM 4H REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES
(2000-05-08/R-2)
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:
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a. |
Nominations to the Chapel Hill Public Arts Commission, Historic District Commission, Library Board of Trustees, Transportation Board, and additional nominations to the Planning Board (R-2.1). |
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b. |
Establishment of Capital Projects Ordinance for Bond Projects (O-1, O-2, O-3, O-4). |
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c. |
Resolution supporting the creation of a Housing Trust Fund (Council Members Strom, Brown, and Wiggins) (R-3). |
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d. |
Report on potential off-road sledding locations (R-4). |
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e. |
Report on recommended 2000-2005 Consolidated Plan (R-5). |
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f. |
Project ordinance for fiscal year 2000 Transportation Capital and Planning Grant (O-5). |
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g. |
Authorization to apply for federal and State grants for transportation (R-6). |
This the 8th day of May, 2000.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2000-05-08/R-2.1)
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:
Raleigh C. Mann
Herbert Slapo
Lee Butler Bidgood
Thomas H. Heffner
Alice Ingram
Kimberly Kyser
Terri K. Swanson
James W. White
Library Board of Trustees
William C. Holton
Rick Homan
Frederick H. Black
Monica Arnold
Jeanette Gay Eddy
Transportation Board
Chris Beacham
Dale Dupree Coker
Eleanor Howe
Amy Sayle
Edward G. Siebert
Joyce Robson Trout
This the 8th day of May, 2000.
AN ORDINANCE ESTABLISHING A CAPITAL PROJECTS ORDINANCE FOR STREET AND SIDEWALK IMPROVEMENTS FUNDED FROM 1996 BONDS (2000-05-08/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 Statutes of North Carolina, that the following capital projects ordinance are hereby established for street and sidewalk improvements to be constructed from Street and Sidewalk Bonds approved by the voters in November, 1996.
The capital projects, as authorized by bond referenda approved in November, 1996 and as determined by the Town Council, include the capital costs of Downtown streetscape improvements, replacing bridges, installing and rebuilding drainage pipe, replacing curbs and gutters, and building sidewalks and bikeways.
The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.
Revenues anticipated to be available to the Town to complete the project are as follows:
Amounts appropriated are for the project as follows:
Downtown Streetscape $1,000,000
Bridge Replacements 700,000
Drainage Improvements 500,000
Sidewalks and Bikeways 500,000
Total $3,000,000
The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget, and shall keep the Council informed of any unusual occurrences.
Copies of this projects ordinance shall be entered into the Minutes of the Council and copies hall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.
This the 8th day of May, 2000.
AN ORDINANCE ESTABLISHING A CAPITAL PROJECTS ORDINANCE FOR POLICE AND FIRE FACILITIES AND EQUIPMENT FROM 1996 BONDS (2000-05-08/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, that the following capital projects are hereby established for construction of a Fire Station and purchase of firefighting equipment and for renovations of the Police Headquarters funded from bonds approved by the voters in November, 1996.
The capital projects as authorized by bond referenda approved in November, 1996 includes the capital costs of constructing a fire station and purchase of a fire pumper and for renovations and capital improvements to the Police Headquarters.
The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.
Revenues anticipated to be available to the Town to complete the project are as follows:
Amounts appropriated are for the project as follows:
Fire Facilities and Equipment $1,300,000
Total $2,000,000
The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget, and shall keep the Council informed of any unusual occurrences.
Copies of this ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.
This the 8th day of May, 2000.
AN ORDINANCE ESTABLISHING A CAPITAL PROJECTS ORDINANCE FOR OPEN SPACE/GREENWAYS ACQUISITIONS FROM 1996 BONDS (2000-05-08/O-3)
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, that the following capital project is hereby established for Open Space acquisition and Greenways projects funded from Open Space/Greenways bonds approved by the voters in November, 1996.
The capital projects as authorized by bond referenda approved in November, 1996 includes the capital costs of acquiring open space and greenways as determined by the Town Council, within and without the corporate limits of the Town.
The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.
Revenues anticipated to be available to the Town to complete the project are as follows:
Amounts appropriated are for the project as follows:
Acquisition of Open Space and Greenways $3,000,000
The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget, and shall keep the Council informed of any unusual occurrences.
Copies of this ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.
This the 8th day of May, 2000.
AN ORDINANCE ESTABLISHING A CAPITAL PROJECTS ORDINANCE FOR RENOVATIONS AND IMPROVEMENTS TO PUBLIC WORKS FACILITIES FUNDED FROM 1996 BONDS (2000-05-08/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the following capital projects are is hereby established for Public Works Facility renovations funded from 1996 bonds approved by the voters in November 1996.
The capital projects as authorized by bond referenda approved in November, 1996 and as determined by the Town Council, includes the capital costs of renovating and adding facilities to support Public Works operations.
The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.
Revenues anticipated to be available to the Town to complete the project are as follows:
Amounts appropriated are for the project as follows:
Public Works Renovations and Improvements $500,000
The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget, and shall keep the Council informed of any unusual occurrences.
Copies of this ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.
This the 8th day of May, 2000.
A Resolution SUPPORTING THE CREATION OF A HOUSING TRUST FUND IN ORANGE COUNTY AND CALLING UPON THE ORANGE COUNTY COMMISSIONERS TO ALLOCATE UP TO ONE CENT ON THE COUNTY TAX RATE TO SUCH A FUND (2000-05-08/R-3)
WHEREAS, it is important to honor our commitment to maintaining a diverse community through developing diverse housing opportunities for local families; and,
WHEREAS, the NC General Assembly passed legislation in 1999 which allows for the creation of an Orange County Housing Trust Fund; and
WHEREAS, an Orange County Housing Trust Fund would provide a progressive, dedicated source of local financing for diverse housing maintenance and development; and,
WHEREAS, increases in the tax rate adversely impact the low and moderate income-earning citizens in our community currently occupying affordable dwellings, and this needs to be taken into account; and,
WHEREAS, we believe existing programs, such as The Homestead Tax Exemption and Orange Community Housing Urgent Repair Program, should be used to help low- and moderate-income homeowners;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby supports the creation of a Housing Trust Fund in Orange County and calls upon the Orange County Commissioners to allocate up to one cent on the County tax rate to such a fund.
This the 8th day of May, 2000.
A RESOLUTION OFFICIALLY NAMING THREE SITES FOR OFF-ROAD SLEDDING (2000-05-08/R-4)
WHEREAS, the Town Council has recently amended the ordinance permitting street closings for sledding, and
WHEREAS, all parks and recreation lands have been considered; and
WHEREAS, locations in the Community Center and Homestead Parks and along the Elizabeth Street spur of the Bolin Creek Greenway have been identified as sledding areas;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following sites are adopted as off-road sledding areas:
· the hill on the Community Center grounds near the playground
· the Homestead Park parking lot and incline parallel to it by the skateboard park
· the spur section of the Bolin Creek Greenway to Elizabeth Street
This the 8th day of May, 2000.
A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 2000 – 2005 CONSOLIDATED PLAN (2000-05-08/R-5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to submit the 2000 - 2005 Consolidated Plan to the U.S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein, for a program of $466,000 of Community Development Block Grant funds and $536,550 of federal HOME Program funds by May 15, 2000.
BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submittal of a Consolidated Plan to provide such additional information as may be required.
This the 8th day of May, 2000.
AN ORDINANCE ESTABLISHING A PROJECT BUDGET FOR A TRANSPORTATION GRANT (2000-05-08/O-5)
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 projects are hereby established:
The Urban Area Formula Program (Section 5307) funds are from 2000 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.
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) $342,504
NC Department of Transportation (NCDOT) 42,813
Town of Chapel Hill (local match) 42,813
TOTAL $428,130
The following amounts are appropriated for the FY2000 Section 5307 project:
Salaries - Full Time $ 89,651
Fringe Benefits 13,145
FICA 6,856
M & R Vehicles 140,000
Supplies – Fleet 60,000
Miscellaneous Contracted Services 13,478
Capital Equipment 105,000
TOTAL $428,130
This the 8th day of May, 2000.
A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, FOR GRANTS UNDER TITLE 49, UNITED STATES CODE OF THE FEDERAL TRANSIT ACT, AS AMENDED (2000-05-08/R-6)
WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation program of projects; and
WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and
WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that in connection with the filing of applications for assistance under the Federal Transit Act, as amended, the applicant files an assurance that it will comply with the Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and
WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contacts, or consultant and other services;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill:
1. That the Town Manager is authorized to execute and file applications on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and the North Carolina Department of Transportation, to aid in the financing of operating, capital and planning assistance projects pursuant to Section 5303 and 5307 of the Federal Transit Act, as amended.
2. That the Town Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964.
3. That the Town Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications for the program of projects and budget.
4. That the Town Manager is authorized to set forth and execute affirmative minority business policies in connection with the project’s procurement needs.
5. That the Town Manager is authorized to execute grant agreements on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and N.C. Department of Transportation in aid in the financing of the operating, capital, and planning assistance program of projects.
This the 8th day of May, 2000.
AN ORDINANCE ESTABLISHING A PROJECT BUDGET FOR A TRANSPORTATION GRANT (2000-05-08/O-6)
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 projects are hereby established:
The Urban Area Formula Program (Section 5307) funds are from 2000 federal funds from an agreement with the Federal Transit Administration.
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.
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) $342,504
NC Department of Transportation (NCDOT) 42,813
Town of Chapel Hill (local match) 42,813
TOTAL $428,130
The following amounts are appropriated for the FY2000 Section 5307 project:
Salaries - Full Time $ 89,651
Fringe Benefits 13,145
FICA 6,856
M & R Vehicles 140,000
Supplies – Fleet 60,000
Miscellaneous Contracted Services 13,478
Capital Equipment 105,000
TOTAL $428,130
This the 8th day of May, 2000.
Item 5 - Consent Agenda: Information Items
Mayor Waldorf pointed out that these items had been addressed earlier in the meeting.
Item 6 - Consideration of Amendment to Joint Planning Area Land Use Plan
Regarding OWASA Quarry
Mayor Waldorf noted that there had been a three-hour public hearing on this item. She asked citizens who had spoken then to focus on new information if they speak tonight.
Town Planning Director Roger Waldon stated that there had been a public hearing on an application that sought expansion of the “extractive land” category of the Joint Land Use Plan. He noted that any change to the Land Use Plan in this area would require approval of all three governing bodies: Chapel Hill, Carrboro and Orange County. Mr. Waldon explained that if the change were approved then the applicant (OWASA and American Stone) would ask the County to amend its Comprehensive Plan and would obtain an Special Use Permit from the Orange County Board of Commissioners.
Mr. Waldon said that the staff had recommended approval of the amendment. He explained that some of the questions raised at the public hearing were items that would be considered during the Special Use Permit hearing and would take the form of conditions to the Special Use Permit. He noted that the Council could make recommendations to the County Commissioners in a resolution that would be separate from approval of the Land Use Plan.
Mr. Waldon pointed out that Council Member Brown had found an error in his memo to the Council. He said that the Council had referred this request in 1994, not approved it. Council Member Brown pointed out that she had placed copies of the 1994 meeting’s minutes on the back tables. She said that the record showed the Council’s sensitivity to the neighborhood.
Paxton Badham, representing American Stone Company, showed on a map the proposed area for the new quarry, which would become an OWASA reservoir in about 20 years. He stated that there had been less than a dozen complaints about the present quarry over the years, and noted that in one instance experts had examined a complainant’s house and found that the problems had nothing to do with quarry operations. Mr. Badham added that there had been more than 100 hours of mediation between American Stone and the community, and that they had come up with a memorandum of agreement.
Mr. Badham did not repeat many of the points he had made at a recent hearing, but stressed that American Stone was talking about adding 23 acres to their existing 118. He said that the area in question was between an existing quarry and an old quarry, and that most of it was an old asphalt plant site. Mr. Badham remarked that if the expansion were not granted, American Stone would have to dig deeper into the ground, which would be more expensive.
Mr. Badham stated that American Stone had agreed in mediation to spend millions of dollars to make its operations more compatible with the neighborhood. He noted that all three governing bodies’ staffs had recommended approval, and said that various experts as well as State regulators had analyzed the blasting program and concluded that no damage had been done to neighboring houses. Mr. Badham pointed out that several hundred people had moved into the neighborhood since blasting operations began.
Peter Gordon, representing OWASA, said that the OWASA Board also had consulted with experts because of its concern about water quality and had unanimously supported quarry expansion. Mr. Gordon said that OWASA had projected several different scenarios for how water demand might grow in the future and had concluded that growth demand in the future would be less than in the past. He said that OWASA would be much better off being in a position where it could meet too much demand than being in one where it could not meet demand.
Mr. Gordon explained that the goal would be to capture excess drainage from Cane Creek Reservoir and University Lake. He said that having redundancy, excess capacity, and alternative ways of meeting demand creates reliability in a system. Mr. Gordon pointed out that OWASA was trying to maximize the likelihood, given the uncertainties that exist, that they would achieve the level of water storage they need. He added that moving the road and expanding the surface area of the quarry would facilitate the quarry’s operation, which would make it economically more attractive for American Stone to mine, to remove rock, and to create a pit that OWASA could eventually use for water storage.
If the Special Use Permit is not approved, Mr. Gordon said, it is possible that enough mining could be done on the current site to give adequate volume. But, he pointed out, that involves a lot to tenuous assumptions about the possible alternatives and the rate of mining. He said that reasonable historical averages indicate that mining will continue and that a quarry of sufficient size will be obtained. Mr. Gordan said that OWASA believes that that the current proposal would be by far the best way to achieve that outcome.
Mr. Gordon stated that this issue was ready for a decision now because a positive decision would allow OWASA to know where it will be getting its next substantial increment in water supply. He added that OWASA could not wait long before looking seriously at Jordan Lake because developing water supply is a time-consuming, long-range function.
Mr. Gordon noted that 200 new homes have been built within 5,000 feet of the quarry since 1981. He said that if the Council postpones this decision it will have to be made by its successors when there are even more people living there. He reminded the Council that approving the Special Use Permit would put the mitigation measures into effect.
Erwin Danzinger remarked on contradictions between statements made by OWASA over the years. He stated that its information was inaccurate six years ago and was inaccurate now, adding that the land in question was 33.8 acres, not 23 or 25 as OWASA had claimed. Mr. Danzinger said that approving the Special Use Permit “might be called environmental racism.”
Elliot Cramer, a statistician, pointed to what he perceived as problems with a graph that Mr. Gordon had presented. He said the OWASA information was filled with contradictions and that OWASA had a history of giving “misrepresentations.” Dr. Cramer argued that the dispute was over a one-to-three percent difference in water supply thirty years from now. He wondered if the Council thought that this small difference would justify the impact on the community.
Dr. Cramer asserted that American Stone would mine 40 acres of land rather than 23 or 25 as stated in OWASA’s reports. He added that the current quarry would hold 2.5 billion gallons when mined to the same depth (about 250 feet) as an expanded quarry. Dr. Cramer pointed out that regardless of whose figures one looks at, the difference between how much water could be gotten out of the quarries is negligible.
Don Lauria, a UNC professor of environmental sciences and engineering, supported the proposal to expand Stone Quarry Reservoir to 3-billion gallons. He argued that the social benefits would outweigh the social costs, possibly by a wide margin. Dr. Lauria said that increased demand would make it necessary for OWASA to develop a new water source, adding that Jordan Lake was a prime candidate. He noted that developing Jordan Lake would be very expensive and that delaying doing that would be to the benefit of OWASA’s customers.
Dr. Lauria said that if Stone Quarry is expanded to 3 billion rather than 2 billion then development of Jordan Lake would be delayed for 8 or more years, which he explained would be roughly equivalent to cutting the cost of Jordan Lake development in half. Dr. Lauria added that the quality of water from OWASA’s present sources was far superior to that of Jordan Lake, and that potential threats to health were lower. He said that his argument favors an even larger quarry.
Dan Okun, a retired UNC professor, noted that Jordan Lake receives urban wastewaters that contain contaminants. He pointed out that the only way to avoid having to use that would be to develop the maximum capacity of the University Lake watershed area, adding that the quarry is a beneficial way to get that water at a low cost. Dr. Okun noted that the residents of the quarry area, who were bearing a lot to have high water quality for the rest of us, should be compensated for that.
Dan Darnell, a recent quarry area homeowner, asked the Council to see past some of the scare tactics, to focus on what the incremental gain of an expanded quarry might be, to give serious consideration to the impact on the local community, and to listen to their views on the mitigation issue. He stated that it was intimidating to express views that run counter to huge business interests, and suggested that the Council listen to Dr. Cramer, since he had no vested interest in the issue and had been consistent in his analysis. Mr. Darnell also asked that the concerns of recent property owners be considered rather than dismissed.
At Mayor Waldorf’s suggestion, Council Members agreed to defer items 8, 9 and 10 to Monday, May 15th. Council Member Evans noted that she would not be able to attend that meeting.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO DEFER ITEMS 8, 9 and 10 TO MONDAY MAY 15, 2000, AT 7:00 P.M. THE MOTION WAS ADOPTED (8-1) WITH COUNCIL MEMBER EVANS VOTING NAY.
Melvin Parrish, who lives on property adjoining the quarry, expressed objections to the proposed road change and complained that he was not getting anything for his tax money. He asked that the quarry not be allowed to expand because of the noise and damage to his and other nearby property.
Annie Parrish spoke about the “environmental racism” that she felt this expansion would represent. She explained that she had been part of the mediation process and commented that she did not recall asking for a park. Ms. Parrish said that she did remember asking for the quality of life that the neighborhood had expected before the quarry moved in. She added that the neighbors had asked for clean air, clean water, and safe neighborhoods. Ms. Parrish said that they did not want the straight road changed to a curved one and did not want to listen to blasting for the rest of their lives. She asked the Council to consider whether the neighborhood really deserved 30 more years of blasting for such little gain.
Alfred C. Perry noted that he and his neighbors did not know where to turn. Even though they were not so-called experts, he said, they did know about the blasting damage that they have suffered. Mr. Perry said that his walls were cracked and his pond was leaking because of the blasting. He suggested putting special items for the neighbors into the proposal, such as replacing wells and walls.
Carl Smith said that trees began falling over in his yard because of the blasting, and that his well had been damaged three times. Between 9:00 a.m. and 11:00 a.m., Mr. Smith said, it sounds like a combat zone in his neighborhood. He added that associated speeding trucks were a danger to residents.
Julie Tucker urged Council members to consider having someone look at the environmental impact statements regarding the proposed expansion.
Pearson Stewart took issue with experts who had used the year 2050 as the point when development pressures would end. He said that growth would continue as long as the University remained an excellent one, and pressures would mount. Mr. Stewart urged the County to continue increasing the water supply, to recommend the rezoning, and to encourage the applicant to offer warm-hearted, generous measures of neighborhood protection.
Manuel Wortman pointed out that those who live in the area—especially those who had lived there for a long time—were not people of great wealth. He said that issues of race and class were involved, and suggested that these issues be taken seriously. Mr. Wortman said that “there was a bad bargain made many years ago and it has turned into a raw deal for the neighborhood.”
Louise Parrish asked the Council to remind the County Commissioners that she and her neighbors “are human beings too.” She asked why the Council was concerned about water for citizens 50 years from now but not concerned about the water in her neighborhood today. Ms. Parrish pointed out that she and her neighbors had never been on public assistance and had never asked for anything before. She said that they wanted payment for damages to their property, and noted that none of them had asked for or wanted a park. Ms. Parrish suggested that someone from the Council come out to the neighborhood and interview the residents.
Mark Chilton expressed concern about approving a change to the Joint Planning Agreement and permitting a change to industrial zoning. He stressed that the County would have more leverage in determining what the applicant does if zoning were more prescriptive than the generalized industrial category that it was proposed to be changed to. Mr. Chilton explained that the applicant could attempt to dissent from stipulations that the County imposes, and essentially sue over the question of whether the stipulations put in at the Special Use Permit phase are valid or not. The applicant could then overcome those stipulations and operate without having to obey them, Mr. Chilton said. He pointed out that if the Town created a “quarry/water storage” zoning designation then the restrictions could be worked into that category rather than putting them in at the Special Use Permit phase.
Mr. Chilton also wondered if the Town could design a Special Use Permit that would allow expansion of a somewhat smaller quarry. Noting that the 3 billion gallon expansion would cost an estimated $21 million and would give a greater capacity than the anticipated need, he suggested building a 2 billion gallon quarry and designing the zoning designation to insure a Special Use Permit that could restrict it to a 2 billion gallon quarry, thereby supplying a sufficient increase of 3.8 million gallons per day at a $2 million lower cost.
Council Member Foy asked OWASA to comment on the mitigation efforts, specifically the proposals regarding water quality on pages 355 and 358 of the agenda item relating to damage being determined by an expert. He mentioned that the neighbors had said they did not trust the process because American Stone could pay an expert to say whatever it wants, and asked if OWASA would consider some other sort of proposal that would give the neighbors confidence that the experts would be neutral.
Council Member Foy suggested establishing a process whereby the neighbors would retain one expert, American Stone would retain another, and those two experts would agree upon a third. American Stone would pay for all of the experts, suggested Council Member Foy, including the one retained by the homeowners. He asked that OWASA come up with a process such as that so that the neighbors would feel assured that the experts were working in a neutral capacity.
Mr. Gordon expressed OWASA’s willingness to come up with a way to indicate that the experts are not working for American Stone or OWASA, and to do so in whatever way would best satisfy the community.
Council Member Foy stated that he would like to include that this had been agreed to in the Council’s recommendation to the County. Mayor Waldorf asked Council Members to first vote on the land use issue. If that passes, she said, then they could consider sending this and other issues to the County Commissioners for consideration in the Special Use Permit process.
Council Member Brown objected to “tinkering” with the mitigation efforts because, she said, it seemed as though there might be no mitigation without expansion. She asked why there had been no mitigation efforts all these years, and why is was now a condition of approval. Council Member Brown also asked why relocating the rock crusher would take seven years. She argued that compensating only those within 3,000 feet would be very limited.
Council Member Ward agreed that there had not been adequate compensation for the neighbors. He said that it was difficult for him to vote for expansion when the record showed inadequate compensation in the past.
Mayor Waldorf pointed out that there was no way for the County Commissioners to entertain details of an SUP unless Carrboro, Chapel Hill, and the County all agree on this change in the Joint Land Use Plan. She suggested that the Council forward a request on further mitigation to the County Commissioners. Council Member Bateman replied that she would not be comfortable voting for the resolution and merely hoping that the County would take the Council’s suggestions. She said that she wanted to make it a conditional vote. Mayor Waldorf suggested passing R-8a with added specifics.
Council Member Strom expressed support for Mayor Waldorf’s suggestion, and pointed out that negotiations could not start until the Town Council signaled its intent regarding land use. Council Member Brown expressed reluctance to pass the resolution when there had been conflicting opinions from experts. She asked if there was any guarantee that the asphalt pit area would be safe.
COUNCIL MEMBER FOY MOVED R-8A WITH ONE PARAGRAPH AS AMENDED TO READ: “EXPERTS TO ANALYZE WELLS AND TO DETERMINE THE PROBABILITY THAT BLASTING WAS THE CAUSE OF DAMAGE TO PRIVATE PROPERTY BE RETAINED IN SUCH A WAY THAT IT IS SATISFACTORY TO THE NEIGHBORS THAT THOSE EXPERTS ARE WORKING IN A FAIR MANNER TO PROTECT THEIR INTERESTS.” HE INVITED AMENDMENTS FROM OTHER COUNCIL MEMBERS AS WELL.
Council Member Foy read three amendments proposed by Mayor Waldorf:
· That the 3,000 foot radius be reviewed and expanded
· That road changes meet all county and state safety requirements
· That traffic calming measures be instituted if the neighbors so desire.
COUNCIL MEMBER EVANS SECONDED THE MOTION.
Council Member Wiggins said that there should be agreement among experts on the extent of the need for expansion. She pointed out that there had been case after case around the country where citizens had been unable to fight major corporations because of their inability to afford expert opinions. Council Member Wiggins said that she was concerned about a safe water supply for the people of Chapel Hill 50 or 100 years from now, but was also concerned about the people who are living right now who cannot even get water from OWASA.
Council Member Wiggins proposed an additional amendment saying that if the parties modify the Joint Land Use Plan to expand the quarry, they also would be willing to modify that same plan to extend water to the people in the quarry neighborhood. She said she did not understand how the rural buffer could be so sacred that people could not have city water and yet a stone quarry located there could expand.
Council Member Foy asked Council Member Wiggins for the wording of her amendment. She said that the first part was that experts from both sides who are in disagreement work together to come up with an analysis that they agree upon regarding future need and capacity.
Mayor Waldorf noted that many experts had testified on record that they thought the expansion was necessary. She expressed skepticism that it would be possible to get opposing experts to agree.
Council Member Wiggins stated that she disagreed vehemently with Dr. Lauria's statement that the social benefits outweigh the social cost. She pointed out that Dr. Okun had expressed hope that the parties would find the way to get water to the neighborhood. Council Member Wiggins stated that if the Council was willing to modify the Joint Land Use Plan to expand the quarry then they should be willing to modify it to get water to this neighborhood.
Council Member Brown said that the everyday degradation of the quality of the neighbors’ lives by blasting, dust, trucks, and rocks would not be addressed by extending water. She suggested a substitute resolution, R-8b, to deny the request at this time and to do further studies
COUNCIL MEMBER BROWN MOVED TO SUBSTITUTE R-8a FOR R-8b. THE MOTION FAILED FOR LACK OF A SECOND.
Council Member Strom said that he supported the change in the Land Use Plan because it puts a fixed time at which quarry operations will be turned over to the public. He explained that he had been on the OWASA Board and had noticed that the data changed because OWASA had been doing more careful research about what its needs were. Council Member Strom encouraged the Town Council to make a permanent decision that would leave enough water in the community to avoid having to go to Jordan Lake. He said that he was very comfortable with this idea and with Mayor Waldorf’s suggestion to put concerns on the table and have the Commissioners deal with the Council’s concerns.
Mayor pro tem Pavão expressed concern over comments that mitigation points were being held over the Council’s heads as a threat. He noted that stopping the process now would mean that things would not improve for neighbors of the quarry.
Council Member Wiggins said that she was disturbed by the idea of providing safe drinking water to the people of Chapel Hill while not letting the neighborhood that it is coming from share that water. She said that she would not support that because it was not socially just.
Council Member Foy pointed out that the agreement states that American Stone must replace “problematic” wells. He argued that ensuring that the experts who examine the wells are not biased would address those concerns. Council Member Wiggins replied that she did not trust that approach. She repeated her view that parties who are willing to amend the agreement so that a multi-million dollar industry could make money by extracting from the soil should also be willing to allow the people who are living in the area to have water from OWASA.
Council Member Brown said that there was insufficient information to make a decision. She stated that the neighbors’ concerns had not been addressed even though they had been expressing them for many years. Council Member Brown argued that there was no reason why the parties had to go forward with amending the Land Use Plan to have mitigation begin. She said that American Stone should make amends whether the Council goes forward with the plan or not.
Council Member Ward commented that there must be enough money involved to allow American Stone to be generous to the small number of people in the community that have been affected. Council Member Wiggins supported that point of view, adding that it might cost American Stone less to be generous now than it would years from now when they might lose a multi-million dollar lawsuit against them.
Council Member Ward asked Council Member Foy if requiring that American Stone and OWASA fund the mitigation of the neighborhood would be a friendly amendment to his motion. Council Member Foy said that his motion regarding the three experts was a common way to handle issues such as this. He said that it would not cost a lot of money and would be fair, and added that he did not know how to implement what Council Member Ward was asking. Council Member Ward replied that the experts’ idea did not work well with the landfill.
Mayor Waldorf suggested language saying, “well failures within X feet will be paid for by American Stone.” Council Member Foy agreed, but asked how “well failure” would be determined. He stressed that the neighbors need to have someone who will advocate for them.
Council Member Wiggins expressed willingness to support Council Member Foy’s motion, but added that it did not go far enough. She asked to add that neighbors who are not satisfied with the quality of their water would be connected to OWASA water at American Stone’s expense. Mayor Waldorf reminded the Council of a document called the Water and Sewer Boundary Agreement, which had a section on how an adverse public health condition would be determined. She noted that the County Commissioners were moving that agreement through the various local governments in Orange County and that it would come forward again for approval.
Mayor Waldorf pointed out that the Boundary Agreement sets out a way to establish that wells are not potable. Once that is established, she said, public water supplies can be run to the area. Council Member Wiggins asked if the Boundary Agreement would address who would pay for it. Mayor Waldorf replied that it would not, but suggested that the Council might add a clause saying “if adverse health conditions are determined and public water supplies are run to this area then that should be at the cost of American Stone.” Council Member Wiggins agreed with that and Council Member Foy and Council Member Evans accepted it as an amendment.
Council Member Bateman asked Council Member Wiggins why she had backed away from her original request to provide the neighborhood with water. Council Member Wiggins said that she thought the proposed amendment would address that.
Council Member Bateman stated that there would need to be agreement that the entire area had an adverse public health problem and then it would have to go through a laborious bureaucratic process. Mayor Waldorf replied that she had not meant to portray it as an easy process, but that it was a process that would be in place if the water is not good.
Council Member Brown said that by concentrating on the water issue the Council was demonstrating that is had not heard the complaints about the noise, the cracks in the walls, and the blasting and trucks.
Council Member Strom asked for the motion to be restated and then asked to call the question. He explained that the adverse health component of the Water and Sewer Boundary Agreement allows an individual homeowner to go to the Health Department for help regarding a problem that does not have to involve an entire neighborhood.
Council Member Foy restated the motion: One paragraph as amended to read “Experts to analyze wells and to determine the probability that blasting was the cause of damage to private property be retained in such a way that it is satisfactory to the neighbors that those experts are working in a fair manner to protect their interests.”
Council Member Foy included three amendments proposed by Mayor Waldorf:
· That the 3,000 foot radius be reviewed and expanded
· That road changes meet all county and state safety requirements
· That traffic calming measures be instituted if the neighbors so desire.
Council Member Ward asked if everyone was comfortable with American Stone taking seven years to get the rock crusher into the existing quarry, and with mitigation applying only to pre-1978 wells, and with compensation only for homeowners within 3,000. Mayor Waldorf replied that the motion had changed the radius. She asked Council Member Ward to be specific about what he wanted included in the motion. Council Member Ward requested that mitigation address all affected wells, not just those existing prior to 1978, and that the radius be extended to 7,500 feet.
Mayor Waldorf pointed out that the radius was arbitrary whether it was 3,000 or 7,500. She suggested that the staff work with the residents and OWASA to determine a radius that was not arbitrary. Mayor Waldorf then suggested that Council Member Ward set a minimum, adding that she thought 3,000 feet was a low minimum.
Mr. Gordon pointed out that the Council had a 500-page document which addressed the huge number of issues they had just raised. He added that OWASA did not think of the mitigation package as being in final form and noted that if a preponderance of evidence indicates that American Stone is responsible for damage then American Stone would pay that. Mr. Gordon argued, though, that American Stone should not be expected to just write a blank check. He said that the proposed mitigation efforts go way beyond what is required by the state, and commented that OWASA and American Stone cannot work with all three governing boards and the neighbors all at once trying to resolve issues.
Council Member Foy pointed out that the pre-1978 language states only that OWASA and American Stone would each pay 25% of the cost of pre-1978 damaged wells even if damage was unrelated to their activities. He did not accept the amendment because the language did not state that they would pay only for pre-1978 damage.
Council Member Foy restated the motion and amendments and Council Member Wiggins requested that OWASA not be included in paying the cost of extending public water supplies. Council Member Foy agreed to delete OWASA. Council Member Bateman asked that the County be more discreet in what it is going to call this exception to the rural buffer. She suggested designated it as a mining activity, not an industrial activity. Council Member Foy accepted that amendment.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-8A AS AMENDED TO ASK THE COUNTY COMMISSIONERS TO ADDRESS THE FOLLOWING ISSUES:
· THAT THE 3,000 FOOT RADIUS BE REVIEWED AND EXPANDED;
· THAT ANY ROAD CHANGES MEET ALL COUNTY AND STATE SAFETY REQUIREMENTS;
· THAT TRAFFIC CALMING MEASURES BE INITIATED IF THE NEIGHBORS SO DESIRE;
· THAT EXPERTS RETAINED TO ANALYZE WELLS AND DETERMINE WHETHER THERE IS A PROBABILITY THAT BLASTING WAS THE CAUSE OF DAMAGES TO A PARTICULAR PROPERTY WILL BE RETAINED IN A MANNER THAT IS FAIR AND ACCEPTABLE TO THE NEIGHBORS;
· THAT AMERICAN STONE DRILL NEW WELLS FOR THOSE WELLS THAT ARE DAMAGED;
· THAT IF AN ADVERSE HEALTH CONDITION IS DETERMINED AND THE PUBLIC WATER SUPPLIES ARE EXTENDED TO THIS AREA, SUCH EXTENSION SHOULD BE AT THE EXPENSE OF THE AMERICAN STONE QUARRY; AND
· THAT THE COUNTY BE DISCRETE IN WHAT IT IS GOING TO CALL THIS EXCEPTION TO THE RURAL BUFFER, AND THAT IT BE DESIGNATED AS A MINING ACTIVITY AND NOT AN INDUSTRIAL ACTIVITY.
THE MOTION WAS ADOPTED (8-1), WITH COUNCIL MEMBER BROWN VOTING NAY.
A RESOLUTION ADOPTING THE AMERICAN STONE QUARRY REQUEST TO AMEND THE JOINT PLANNING AREA LAND USE PLAN (2000-05-08/R-8a)
WHEREAS, conditions have changed or are changing as cited by the applicant; and
WHEREAS, the proposed amendment to the Joint Planning Area Land Use Plan supports the concept of sustainability in that the proposed amendment provides a positive balance among the interdependence of the economy (quarry operation), the environment, and long-term water resource needs of the local population; and
WHEREAS, the creation of an additional water supply source for Orange Water and Sewer Authority (OWASA) will create a long-term public good; and
WHEREAS, additional water and air quality, visual, noise and vibration mitigation measures have been identified and would offer additional safeguards;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town of Chapel Hill adopts the Joint Planning Land Use Plan Amendment (JPA-1-00) proposed by Orange Water and Sewer Authority, Alice and Philip Durham, and the American Stone Company.
BE IT FURTHER RESOLVED that the Town Council authorizes submission of this resolution to the Orange County Board of Commissioners and asks the Commissioners to address the following issues:
This the 8th day of May, 2000.
Item 7 Consideration of draft Comprehensive Plan
Mr. Waldon reviewed the Comprehensive Plan development process up to March 27th when the staff presented the final document to the Council. He pointed out that the Council had asked that the Comprehensive Plan be taken into the community for feedback on changes that had been made. Mr. Waldon explained that the staff was providing a list of suggested changes and the staff’s recommendations on whether or not those changes should be made.
Mr. Waldon also conveyed a comment from Juanita Poe, who had been unable to stay. Ms. Poe asked the Council to make as clear a statement as possible sometime in the near future about its intentions for the gateway property next to Blue Cross/Blue Shield so that consideration of development there might move forward.
Jonathan Howes, speaking on behalf of the University, commented on residential conservation, land use, and transportation issues:
· Mr. Howes suggested that small area planning by those affected would be the best approach to residential conservation in the University area. He expressed concern about an overlay district with uncertain regulatory authority being imposed on the area.
· Mr. Howes said that the bold vision of change the University is moving toward will mean decreasing the number of cars and increasing the number of people on the campus. For that to work, he said, the University has to be part of a regional transit system, needs a much richer park and ride system, and needs to have excellent transit on the high-density corridors. He added that the Airport Road corridor could be augmented by more intensive and additional land use changes than is contemplated in the Comprehensive Plan.
Ed Harrison asked that the transportation section of the document include Durham City and County as jurisdictions, since the Town was working on connectivity. He also asked that there be at least a mention that there are Durham County tax payers in the Town (since approximately 8% of the taxable land is in the Town limits) and suggested that it would be wise for the Council to assert its jurisdiction in Durham County. Mr. Harrison asked that the data book incorporate traffic counts on the eastern side of Town and Durham County beyond I-40.
Judy Nunn Snipes, representing the Orange County Coalition for Environmental Justice, distributed a petition with 700 signatures. She said that two communities (near the landfill and near the rock quarry) had been unfairly subjected to serious environmental problems and damage for 30 years. Ms. Snipes noted that this was long-term, historically black farmland with a high percentage of seniors and children. She said that land once owned by her family had been slated for a park but was now slated for mixed-use and office space. She also expressed opposition to the DPW being located in the area.
Ms. Snipes asked the Town Council to adjust the restrictions on developing land in that neighborhood. She also asked them to meet the needs of the community by directing Mr. Horton to convene a meeting with the County Manager and the Carrboro Manager and the leadership of the Rogers Road Neighborhood Association and the Orange County Coalition for Environmental Justice to discuss the County’s plan for closing the landfill. Ms. Snipes asked that the Council ask Mr. Horton to report back in three weeks.
Council Member Brown asked Ms. Snipes if she was requesting that the designations indicated be removed. She replied that her family members were being harassed about selling their land and they want to know what was going to happen in the area.
Larry Reed stated that he thought that some Council Members had finally begun to understand what the landfill neighborhood had been subjected to. He said that he had been on 12 boards and committees over the past 12 years, trying to work within the system, and had a file of papers explaining how landfills poison land. But it seems not to matter, Mr. Reed said. He pleaded with the Council not to look upon members of his community as sacrificial lambs
Gary Carver pointed out that the intent of the Comprehensive Plan was to conserve and protect neighborhoods. But it does not do that for the Eubanks/Mill House/Rogers Road area, he said. Mr. Carver asked the Council to leave the neighborhood alone as the Town had promised to do 30 years ago. He said that that the Council’s plan to express its concerns to the Commissioners was futile because the Commissioners did not care about the Town’s concerns. He noted that the Council had sent the Commissioners a videotape of a public hearing regarding the Green Tract and they had not even looked at, he said. Mr. Carver urged the Council to leave the area the way it once was--with no landfill, no waste management system, and no public works.
Reverend Robert Campbell held up a sign which read: “Howard Lee helped begin this thing, why not help end it?” He asked for restitution, such as water and sewage, to be run to the landfill area, and noted that extension of water and sewer to Rogers Road had been on the agenda since 1998. Rev. Campbell pointed out that politicians’ successors were not being held responsible for promises made. He said that the Comprehensive Plan should include restitution to the neighborhood because the Town had allowed contamination to occur in his neighborhood through the improper use of a landfill.
Yonni Chapman said that the Town of Chapel Hill was becoming evermore elitist, exclusive and white. He said that it was time to stop denying the systemic racism that exists. Mr. Chapman argued that it was a matter of national consensus now that landfills and toxic dumps were placed in communities where people of color reside. He stated that the same thing was happening in housing, and asked the Council to pay attention to the fact that people who are damaged by public or private policies need to be compensated and dealt with fairly.
Mr. Chapman asked the Council if Ms. Snipes’ resolution would be dealt with that night. Mayor Waldorf said that she hoped there would be time after the speakers finished. Council Member Brown said that she intended to make a motion regarding that.
P. H. Craig, speaking for the White Rock Community, asked the Town Council to leave the urban service boundaries as they are in the Wave Road/Mt. Carmel Church area. He said that those low to moderate cost houses did not need five acres surrounding them. Mr. Craig asked the Council not to impose superficial legislation that would produce fewer low-cost housing units.
David Cook read letters from Jean Francis and her daughter, Amy, regarding the proposed changes in the urban utilities lines. The letters asked the Town not to let OWASA bring urban services into their properties on Smith Level Road or surrounding areas. They noted that their area was the only land in southern Orange County which is not densely developed and said that they have no intention of selling it to any developer. Mr. Cook added that he thought it would be fair to either leave the utility line where it was or to move it to the Southern Village property line.
Julie Coleman asked that the line remain at Southern Village. Ms. Coleman said that the only reason to have urban services was if you had high density, which no one there wants. She pointed out that wells and septic systems work fine if there is no high density. Ms. Coleman concluded that she did not want urban services at the front of her property or at the back because if it were moved to Southern Village there would be the risk of development occurring all around her.
Dick Ludington, a member of the Smith Level Alliance, recommended that the Town move the line to the Southern Village boundary. He said that would preserve and protect the neighborhood, enhance preservation of the University Lake Watershed, and confine urbanism to Southern Village where it belonged.
Livy Ludington, speaking as a representative of the Smith Level Alliance, asked the Town to take the urban services line all the way up to Southern Village where the density is. She said there were no property owners along Smith Level Road who adjoin Southern Village who have any immediate plans to develop their land. She noted that most of the water from Smith Level Road drains into University Lake Watershed, and asked the Council to do everything it could to keep density down and maintain drinking water for the community.
Linda Carver, from the landfill area, stated that people in her neighborhood wanted urban services because their wells probably will be damaged since they are near an unlined landfill. She pointed out that the smell from the landfill was getting worse. Ms. Carver argued that the Town should not continue making policies that are good for the Town at the expense of those in the rural buffer.
Coleman Day, a Planning Board member, suggested adding, “to the boundary of Southern Village” after “move the urban services boundary to the east from Smith Level Road…” at the second bullet on page 13. He commented that the map did not seem to have any logical reason to have the boundary where it was.
Charles Wrye, a Dogwood Acres resident, read a letter from the Smith Level Alliance expressing support for the Comprehensive Plan, which creates a rural buffer south of Dogwood Acres. He urged the Council to move the urban services boundary further east to the western edge of Southern Village. Mr. Wrye introduced into the record correspondence from DOT and Carrboro in which DOT acknowledges and supports the efforts of Carrboro and Orange County for land use planning that protects the University Lake watershed along Smith Level Road. He also requested that the Town designate the area between it and the western border of Southern Village for affordable housing if it does not move the boundary.
Robert Brown supported the plan to extend the southern rural buffer. He called it an environmentally sound proposal that should be included in the Comprehensive Plan.
COUNCIL MEMBER STROM MOVED R-9 WITH THE FOLLOWING CHANGES:
· INCLUDE COLEMAN DAY’S SUGGESTION TO ADD “TO THE BOUNDARY OF SOUTHERN VILLAGE” AFTER “MOVE THE URBAN SERVICES BOUNDARY TO THE EAST FROM SMITH LEVEL ROAD…” AT THE SECOND BULLET ON PAGE 13.
· ELIMINATE THE BULLET IMMEDIATELY BELOW THAT.
Council Member Evans seconded the motion, and suggested that the proper procedure would be for the staff to come back with amendments addressing citizens’ comments. She said that the Council needed to be flexible and responsive regarding the Comprehensive Plan.
Mayor Waldorf stated that she generally agreed on process, but thought that Ms. Snipes and Mr. Carver were talking about returning to green status the long strip of land that is between the landfill and railroad track. She said that she thought the Council should just do that, and should also add the amendments that Ed Harrison brought in.
Council Member Strom agreed that those were friendly amendments. Council Member Brown asked to remove the DPW designation in that area, but Council Member Strom did not accept that as a friendly amendment. Mr. Horton said that this was the only area in the community that would be suitable for a public works designation, and Mayor Waldorf added that the designation does not necessarily mean that it will be put there. Council Member Brown replied that it sets the possibility that it could be in motion.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO AMEND THE MAIN MOTION BY REMOVING THE PUBLIC WORKS DESIGNATION. THE MOTION FAILED (3-6) WITH COUNCIL MEMBERS BATEMAN, BROWN AND WIGGINS VOTING FOR AND COUNCIL MEMBERS STROM, PAVÃO, WALDORF, FOY, EVANS AND WARD VOTING AGAINST.
Council Member Brown moved that the designation of the Eubanks Road area be returned to how it was presently designated on the land use map from 1-40 to the railroad. Mayor Waldorf asked how it was designated and Mr. Waldon explained that the existing Land Use Plan gives a mixed designation from Eubanks Road all the way up to the urban services area. He said that the map presented to the Council in the fall suggested pulling that back so that the mixed use designation was only for the properties fronting on Eubanks Road.
Mr. Horton explained that after public hearings a compromise was suggested that the mixed use area go north to the creeks but not all the way to the northern part of the urban services area. He explained that the current designation, which was put into place in 1986, calls for a combination of commercial, office and residential, and that the Comprehensive Plan scales that back to minimize commercial and emphasize office. Mayor Waldorf pointed out that the Comprehensive Plan proposed a less intense level of development than the 1986 one had, and more green space.
COUNCIL MEMBER BROWN MOVED TO AMEND THE PLAN SO THAT THE MARCH 27TH PROPOSED REVISIONS BE SCALED BACK TO THE SEPTEMBER 27TH PROPOSED DRAFT PLAN. THE MOTION FAILED FOR LACK OF A SECOND.
Council Member Bateman inquired about the policy statement that 15% of new residential development should be affordable housing. She asked if that included condos and retirement communities, not just development proposals that come in as single family homes. Mr. Waldon pointed out that the statement is a policy statement, not a regulation. He said that the policy was that the Town Council would expect that 15% of any new residential developments coming before the Council be affordable. Council Member Bateman stressed that when the next retirement community proposal comes in the Council should expect that 15% of it be affordable.
Council Member Foy agreed and noted Council Member Evans’ suggestion that citizen comments go back to the staff and that the Council make amendments to the Comprehensive Plan based on staff recommendations. He agreed that the Council’s expectation that 15% of new condos, retirement communities and single-family dwellings be affordable should be spelled out so the staff can make it clear to applicants.
Council Member Brown moved to amend, remove and revise the section “within the community character related to neighborhood protection” because the designation of conservation areas has not worked on the north side and the Council needed to look again at the whole area, she said.
COUNCIL MEMBER BROWN MOVED TO AMEND, REMOVE AND REVISE THE SECTION “WITHIN THE COMMUNITY CHARACTER RELATED TO NEIGHBORHOOD PROTECTION.” THE MOTION FAILED FOR LACK OF A SECOND.
Council Member Brown said that she could not support the Comprehensive Plan because she felt that once again the Town had not listened to the Eubanks Road landfill neighborhood. Mayor Waldorf remarked that Council Member Strom’s motion would delete the map change on page 16 that adjust the urban services boundary near White Rock Church Road. She said that she supported the map change but would vote for the motion anyway. Council Member Evans agreed, adding that they needed to move forward.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-9, AS AMENDED, TO ADD WORDING TO THE FIRST BULLET UNDER MAP CHANGES AND ELIMINATE BULLET REFERRING TO WHITE ROCK CHURCH ROAD. THE MOTION WAS ADOPTED (8-1), WITH COUNCIL MEMBER BROWN VOTING NAY.
A RESOLUTION ADOPTING THE 2000 COMPREHENSIVE PLAN AND LAND USE PLAN (2000-05-08/R-9)
WHEREAS, the Town Council desires to update its long-range plans for the future development and preservation of Chapel Hill;
WHEREAS, the Council authorized the revision of the Town’s 1989 Comprehensive Plan;
WHEREAS, the Council established a Comprehensive Plan Work Group, held public hearings and information meetings to hear citizen comments, and conducted work sessions on a draft Comprehensive Plan;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the 2000 Comprehensive Plan and Land Use Plan as contained in the March 27, 2000 draft submitted to the Town Council, with the following changes:
· Front Yard Parking Restrictions: Strategy 3A-5 on page 18 states that “extension of these restrictions to other neighborhoods or even Town-wide should be pursued.” The following sentence should be added to more specifically address the concern for protection of Residential Conservation Areas: “Residential Conservation Areas are especially high priorities for the application of such restrictions.”
· Single-Room Occupancy: Add to Housing section 7A-1. Single room occupancy facilities are a form of affordable housing that meets the needs of certain segments of the population. A sentence should be added after the first sentence on the last paragraph on page 63 as follows: “Efforts should also be made to promote the development of single room occupancy (SRO) facilities. Because of their small size compared to apartments, SRO units often serve as the only affordable housing option for low-income individuals.”
· Rental Licensing: Make change as suggested to Community Character, strategy 3A-5. Disseminating information to renters is a good idea that is touched on in the third bullet on page 18. A third paragraph should be added under the first paragraph on this page to more specifically address this concept.
· Low-Impact Design: Add the following sentence to Strategy 9F-1, at the end of the last full paragraph on page 103: “Low impact development principles should also be taken into consideration in revising the Development Ordinance.”
· Conservation Development: Change the fourth sentence under Strategy 9B-2 on page 98 to read: “Implementation of conservation development in Chapel Hill through revisions to the Development Ordinance could result in preservation of sensitive environmental resource areas or key linkages in the greenway network at limited cost to the Town.”
· Transportation: Section 10.2 on page 116, sentence should read: “Development of the pedestrian and bicycle network should be coordinated with Carrboro, Orange County, Hillsborough, and the City and County of Durham to encourage regional connections.”
· Transportation Impact Analysis: “Traffic” impact analysis should be changed to “transportation” impact analysis in three locations on page 123. Add bullet under Strategy 10B-4 specifically identifying the types of projects that would be required to prepare transportation impact analyses.
· Fiscal Conditions: Section 12.1 on page 150, sentence should read: “Chapel Hill residents in Durham County paid, in FY 1999-2000, taxes at a rate of .563 Town and .9297 County (total $1.4927). There is currently no separate Durham Public Schools supplement in this rate.”
· Transportation Impact Analysis: Change action date for Measure of Progress (Transportation Impact Analysis) from Mid-term Action (12/31/2004) to Short-term Action (12/31/2001) to reflect Action Plan schedule.
· Park and Ride Improvements: Move the schedule up to develop a plan and funding source for an expanded Park and Ride system in the Action Plan (after p. 164) from Mid-term Action (2-5 yrs.) to Short-term Action (0-2 yrs.).
· University Enrollment Projection: Change the projected increase in University enrollment between 2002 and 2008 to 2,500 from 2,200 (Section 4.1, p.28).
· University: Include a reference to the “1998 Outlying Parcels Land Use Plans Report” in second bullet under Institutional/University Uses on page 76.
· Figure 5, Lands Owned by the University of North Carolina: Change Rizzo Convention Center to Rizzo Conference Center.
· Figure 11, The Land Use Plan, March 27 Draft:
· In the Southern Area north of Dogwood Acres, move the Urban Services Boundary to the east from Smith Level Road to the boundary of Southern Village to remove an area currently classified as Low Residential (1 unit/5 acres) from the Urban Services Area.
· Add the additional Potential School Site on Erwin Road (see Attachment 1).
· In the legend, change “Mixed Use, Office/Commercial” and Mixed Use, office Emphasis to “Mixed Use, Office/Commercial Emphasis” and “Mixed Use, Office Emphasis,” respectively.
· Figure 14, Greenways Master Plan: Remove the 3 subsidiary Future Greenways that cross the Horace Williams Property. These trails are not a part of the adopted Greenways Master Plan. The Future Greenway that follows the railroad right-of-way through the Horace Williams Property is on the adopted plan and is not to be removed.
· Figure 16, Existing Sidewalks and Potential Pedestrian Zones:
· Reduce the legend to show the Mason Farm area.
· Add Meadowmont’s commercial area to the map.
· Show pedestrian zones around Meadowmont, the Southern Village, the Bolin Creek Greenway and the Hamilton/NC 54 area.
· A pedestrian zone should be included around the southern area of the campus, extending south of Fordham Boulevard and including the Kings Mill/Morgan Creek neighborhoods.
· Figure 17, Existing and Planned Bike Network: Include the Lower Bolin Creek Greenway and the Linear Park Greenway as bike paths.
· Figure 18, Existing and Proposed Transit Network: Remove eliminated bus routes and in the legend change the pedestrian radius distance to ½ mile.
· Figure 19, Existing and Planned Community Facilities: Add the following to the map:
· The Potential Public Works Facility Site on Millhouse Rd.,
· The two Potential Affordable Housing Sites on US 15-501 South
· The additional Potential School Site on Erwin Road (see Attachment 1).
· Revise all the figures to show the new extent of the Urban Services Boundary.
This the 8th day of May, 2000.
COUNCIL MEMBER BROWN MOVED THAT THE TOWN COUNCIL DIRECT THE MANAGER TO CONVENE A MEETING OF THE COUNTY MANAGER AND THE CARRBORO MANAGER TO MEET WITH THE ROGERS ROAD LEADERSHIP AND THE ORANGE COUNTY COALITION FOR ENVIRONMENTAL JUSTICE WITHIN THE NEXT TWO WEEKS TO DISCUSS THE COUNTY’S PLAN FOR WHAT WILL HAPPEN IN THE LANDFILL NEIGHBORHOOD AFTER THE LANDFILL CLOSES, AND THAT THE COUNCIL ALSO REQUESTS THAT THE MANAGER REPORT BACK IN THREE WEEKS ON THE PROGRESS OF THIS MOTION. COUNCIL MEMBER BATEMAN SECONDED THE MOTION.
Council Member Foy said that he would support it if it were modified to ask the Manager to gather whatever information was available regarding the County’s plans, but would not agree to instructing the Manager to meet with the County Manager when the Council already knows that the County does not know what it’s plans are. Council Member Brown said that the point was to include the neighborhood at an early stage, and refused to amend her motion.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, THAT THE TOWN COUNCIL DIRECT THE TOWN MANAGER TO CONVENE A MEETING OF THE COUNTY MANAGER AND THE CARRBORO MANAGER TO MEET WITH THE ROGERS ROAD LEADERSHIP AND THE ORANGE COUNTY COALITION FOR ENVIRONMENTAL JUSTICE WITHIN THE NEXT TWO WEEKS TO DISCUSS THE COUNTY’S PLAN FOR WHAT WILL HAPPEN IN THE LANDFILL NEIGHBORHOOD AFTER THE LANDFILL CLOSES, AND THAT THE COUNCIL ALSO REQUESTS THAT THE MANAGER REPORT BACK TO THE COUNCIL IN THREE WEEKS ON THE PROGRESS OF THIS MOTION. THE MOTION FAILED (2-7) WITH COUNCIL MEMBERS BROWN AND BATEMAN VOTING FOR AND COUNCIL MEMBERS STROM, PAVÃO, WALDORF, FOY, EVANS, WARD AND WIGGINS VOTING NAY.
The meeting was adjourned at 11:40 p.m.
The minutes from May 8, 2000 were adopted on July 5, 2000.
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Town Clerk