SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, APRIL 23, 2001, 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 Pavăo, Bill Strom, and Jim Ward. Council Member Edith Wiggins was absent, excused.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Housing Director Tina Vaughn, Finance Director Jim Baker, Senior Development Coordinator J.B. Culpepper, Senior Long Range Planning Coordinator Christ Berndt, Engineering Director George Small, Traffic Engineer Kumar Neppalli, and Town Clerk Joyce Smith.
Mayor Waldorf commented on the large number of volunteers that Chapel Hill has and recommended passing the resolution in support of the proclamation honoring volunteers who work for the community.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE THE PROCLAMATION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A PROCLAMATION REGARDING NATIONAL VOLUNTEER WEEK AND
THOSE GENEROUS CITIZENS WHO GIVE THEIR TIME AND
BEST EFFORTS TO THE TOWN OF CHAPEL HILL
WHEREAS, volunteerism directly reflects the democratic principles upon which this nation was founded in that everyone, regardless of circumstances or station or factors of race, age, sex, or creed can volunteer; and
WHEREAS, volunteering of one’s time and resources is an essential part of the essence and tradition of our State and is essential to its spirit; and
WHEREAS, volunteerism is increasingly recognized as a central partner with government in accomplishing the work of our community; and
WHEREAS, it is ever more in evidence that Chapel Hill’s greatest resource is its citizens; and
WHEREAS, we are seeking even greater contribution of human resources in volunteerism and better application of these valuable contributions;
NOW, THEREFORE, I, Rosemary I. Waldorf, Mayor of the Town of Chapel Hill, wish to honor and to thank the dedicated citizens of our community who give so freely of their valuable time, energy, and abilities by proclaiming this week of April 22-28, 2001, to be officially designated as
in Chapel Hill, North Carolina. And in so doing, I charge interested citizens to observe this week by seeking some area in the community in which they can devote a few hours each week and give aid to people or programs in need.
This the 23rd day of April, 2001.
Item 2 - Public hearings: None.
Robert Porter and Tiffany Kiernan, Coalition for a Better Downtown, regarding proposal to renovate Parking Lot #5 into a Town Square.
Tiffany Kiernan, representing the Student Environmental Action Coalition [SEAK], recommended that parking lot #5 be turned into a vibrant town square that would bridge the gap between the western and eastern ends of Franklin Street. Ms. Kiernan said that all of the merchants and residents with whom she had talked had agreed that this was a good idea. She pointed out that a centrally located park such as this would bring people together with activities for musicians and artists, social events, and possible open-air cafes. Ms. Kiernan stated that the parking lot serves as a block between East and West Franklin Street, and pointed out that putting a town center there would unify the community.
Robert Porter, representing the Orange/Chatham Sierra Club, pointed out that choices the Town makes today would determine whether or not Chapel Hill would be a special place in the future. He expressed enthusiasm that it was still possible to create a “pedestrian beehive of activity” in the middle of Chapel Hill. Mr. Porter noted that the parking lot was an underutilized Town-owned space. He predicted that once a town square had been created Chapel Hill would be unimaginable without it. Mr. Porter suggested naming the square after great Chapel Hillians, such as George Moses Horton, the first African American to publish a book of poetry from the South. He pointed out that one Council member had run with the slogan, “We can be exceptional.” Mr. Porter suggested not squandering this opportunity to enhance community in Chapel Hill and to build for the future.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
John Gaertner, who lives across the street from parking lot #5, spoke in support of the town square. Noting that many who frequent Franklin Street are looking for a sense of community, Mr. Gaertner said that what is lacking is a central meeting space that would be part of the design if planners were building the Town today. He advised the Council not to let the cost of real estate dictate what is practical, and asked the Town to set the example that community comes first. Mr. Gaertner remarked that by allowing this town center members of the Town would be remembered as the generation that possessed the vision and foresight to give Chapel Hill its heart and soul.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MR. GAERTNER’S PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Mayor Waldorf announced Transit Lobby Day at the General Assembly on May 2nd. She said that she planned to go, and recommended that as many Council members as can go as well.
Mayor Waldorf presented a status report on the development of a process for making decisions about the future of the Greene Tract. She explained that last November she had met with the Chair of the Orange County Commissioners, the Mayor of Carrboro, and the three managers. They had discussed this process, she said, and the outcome was that the County Manager would bring forward a proposed process for consideration. Mayor Waldorf explained that this proposal should be coming forward soon. She noted that the Town Council wanted the Greene Tract dedicated to open space and affordable housing.
Item 4 - Submittal of Budget Items
Mr. Horton formally submitted the recommended budget proposal for 2001-2002. He noted that the Town Council’s decision-making process would be more difficult this year because of uncertainty at the State level. Mr. Horton stated that this year’s budget would total $58 million and would allow a tax rate reduction of 4.4 cents. He pointed out, though, that the effective change in the tax rate would be a 5.2-cent increase due to property tax revaluations. Mr. Horton then highlighted proposals in the general fund:
· Continue the pay practices that the Council established in a two-year process.
· Initiate the first phase of a new information technology program.
· Provide workers compensation for the higher cost of fuel.
· Provide a “fare free” bus system.
Mr. Horton, speaking about the proposed fifteen-year Capital Improvements Plan, said that there was several items that involved federal funding which the staff would like the Council to act on. Mr. Horton stated that Long Range Planner Chris Berndt and Housing Director Tina Vaughn would present those items.
Ms. Berndt explained that hearings had been held and that the staff was asking the Town Council to authorize submission of three resolutions to HUD. Ms Berndt explained the purposes of the three proposed resolutions:
· R-1 is both a planning document and an application package for Community Development and HOME program funds.
· R-2 proposes $476,000 to be used for housing renovation, the Meadowmont affordable housing condominiums project, neighborhood revitalization, Habitat for Humanity, and community services (which includes $11,000 for the YMCA program and $9,000 for the Literacy Council).
· R-3 recommends $743,000 for the HOME program for property and land acquisition, new construction, homebuyer assistance, and some rehabilitation.
Ms. Berndt said that the proposal from “Youth Creating Change” had generated much discussion and that Community Development funds might be made available for that on a matching basis in the future.
Mayor Waldorf commented that the proposal from Club Nova had been a valuable one. She asked if there was any way for it to be considered as a candidate for some of the revitalization funds. Ms. Berndt replied that neighborhood revitalization money is available for a range of projects that serve Northside, Pine Knolls, and part of the downtown. Mayor Waldorf asked how Club Nova would pursue that funding. Ms. Berndt replied that the resolution recommends that the Manager approve specific uses of those funds.
1. Process for Submittal of 2000-2005 Consolidated Plan (R-1)
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE ANNUAL UPDATE TO THE 2000 – 2005 CONSOLIDATED PLAN (2001-04-23/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to submit the Annual Update to 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 $476,000 of Community Development Block Grant funds and $743,475 of federal HOME Program funds by May 15, 2001.
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 23rd day of April, 2001.
2. Recommended 2001-2002 Community Development Program (R-2)
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT R-2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION APPROVING ACTIVITIES FOR THE 2001-2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2001-04-23/R-2)
WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive ideas from citizens about how Community Development Block Grant funds could be spent in 2001-2002;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that based on the Town’s allocation of $441,000 of Community Development Block Grant funds and $35,000 of anticipated Community Development Program Income, the Town Council approves the following 2001-2002 Community Development Block Grant Program Plan:
Public Housing
Renovations (Pritchard Park) $115,000
Refurbishing Program $ 55,000
Meadowmont Affordable Condominiums $ 80,000
Neighborhood Revitalization $ 80,000
Habitat for Humanity (Rusch Road Subdivision) $ 50,000
Community Services $ 20,000
Administration $ 76,000
Total $476,000
BE IT FURTHER RESOLVED that the Council authorizes the Manager to carry out the program, including specific projects for use of Neighborhood Revitalization funds in accordance with guidelines in this memorandum.
BE IT FURTHER RESOLVED that the Council authorizes the Manager to incorporate the 2001-2002 Community Development Plan into the Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submittal to the U.S. Department of Housing and Urban Development.
This the 23rd day of April, 2001.
3. Recommended 2001-2002 HOME Program (R-3)
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT R-3. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION APPROVING THE ACTIVITIES OF THE 2001–2002 HOME PROGRAM (2001-04-23/R-3)
WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive citizen comments and proposals regarding the use of $483,000 of federal HOME Program funds and $151,800 of previous years HOME funds, and $108,675 of local matching funds for a total of $743,475;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following activities including amendments to the 1999-2000 and 2000-2001 HOME Program to be carried out by the members of the Orange County HOME Consortium in 2001- 2002:
Orange-Person-Chatham Mental Health Assoc. $ 58,625
EmPOWERment, Inc.$ 50,000
Orange Community Housing Corporation$ 30,000
Habitat for Humanity$ 32,500
Rehabilitation: EmPOWERment, Inc., Orange County $ 9,050
Administration: Orange County Housing and Comm. Dev. $ 48,300
Total $743,475
BE IT FURTHER RESOLVED that the Council authorizes this plan to be incorporated into the Annual Update to the 2000-2005 Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submittal to the U.S. Department of Housing and Urban Development on May 15, 2001.
This the 23rd day of April, 2001.
4. Recommended 2001-2002 Capital Fund Program for Public Housing Renovation and Resident Services R-4)
Housing Director Tina Vaughn explained that this was part of a plan for use of the $611,500 that the Town expects to receive from HUD. She said that the Town also expected to receive $115,000 in CD funding. Ms. Vaughn proposed to use the funds for renovation of the fifteen apartments in the Pritchard Park neighborhood ($585,000) and for professional services and related administration costs (about $141,000). She asked the Town Council to approve R-4, which would authorize her to submit an annual statement to HUD.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION APPROVING OF AN ANNUAL STATEMENT FOR 2001-2002 CAPITAL FUND PROGRAM (2001-04-23/R-4)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Capital Fund Program Annual Statement, as described in the Manager’s memorandum to the Council dated April 23, 2001. And that the Manager is authorized to submit the Capital Fund Program Annual Statement to the U.S. Department of Housing and Urban Development (HUD), including compliance with the HUD policies, procedures and regulations required therein, for a program of $611,585 in Capital Fund Program funds.
BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submittal of an Annual Statement and to provide such additional information as may be required.
This the 23rd day of April, 2001.
Mr. Horton removed 5f, which he said had been placed on the agenda in error and should be part of the April 25th Work Session.
Council Member Joyce Brown removed 5i, explaining that she would vote against it because she objected to the process, not the architect.
Regarding 5e, Council Member Bateman asked Ms. Vaughn how priority is set for tenants in Town-owned transitional housing when more than one family is eligible at the same time. Noting that the selection process was outlined in the attachment, Ms. Vaughn explained that applications would be dated and handled on a first come/first served basis.
Mayor Waldorf expressed appreciation to Ms. Vaughn for putting energy into this project.
Council Member Jim Ward removed 5c.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT R-5, WITH C, F, AND I REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2001-04-23/R-5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
|
a. |
Adoption of Minutes from March 5, 19, and 26. |
|
b. |
Nominations to OWASA, Planning Board, and Technology Committee (R-6). |
|
d. |
Bid for Construction of North Lakeshore Drive Bridge over Booker Creek (R-8). |
|
e. |
Resolution Regarding Town-Owned Transitional Housing Program (R-9). |
|
g. |
Contract and Award for Purchase of Land for Municipal Public Works Site (R-11). |
|
h. |
Authorization to Reimburse Costs for Installment Debt Projects (R-12). |
This the 23rd day of April, 2001.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2001-04-23/R-6)
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:
Norman R. Fitzgerald
Peter C. Gordon
Calvin A. Mellott
Penny Rich
Alan Rimer
Bruce Tucker
Judith K. Weseman
Sarah Bruce
Norman R. Fitzgerald
David J. Lincoln
Richard J. Loeber
Stephen J. Manton
Warren D. Mitchell
Ann-Christin M. Pautz
Nancy Gabriel
Robert Reda
Don Shea
Delilah Snow
Kenneth Sugioka
Bruce Tucker
Richard B. Williams
Technology Committee
William E. Groves
Andrew Lee
Roscoe E. Reeve
Alan Rimer
Richard J. Taylor
This the 23rd day of April, 2001.
A RESOLUTION ACCEPTING AND AWARDING THE BASE BID FOR THE CONSTRUCTION OF NORTH LAKESHORE DRIVE BRIDGE OVER BOOKER CREEK (2001-04-23/R-8)
WHEREAS, the Town of Chapel Hill solicited formal bids by advertisement in The Chapel Hill News and The News & Observer on Sunday, March 18, 2001, and in The Challenger Newspaper on Thursday, March 15, 2001 in accordance with North Carolina General Statute 143-128 for the construction work; and
WHEREAS, the following bids were received and opened on April 5, 2001:
|
VENDOR |
BASE BID (Bridge structure and associated work) |
ALTERNATE ONE (Stone Facia) |
ALTERNATE TWO (Eastwood Lake Forebay) |
|
REA Construction Co. Raleigh, N.C. |
$578,636.00 |
$ 61, 775.00 |
$143,240.00 |
|
Rifenburg Durham, N.C. |
481,570.20 |
49,420.00 |
110,537.50 |
|
R & G Construction Co. Charlotte, N.C. |
435,766.00 |
38,835.00 |
244,480.00 |
|
Husky Construction Co. Raleigh, N.C. |
505,710.00 |
30,005.00 |
744,020.00 |
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the base bid of and awards a contract to R & G Construction Company in the amount of $435,766.00 for construction of the North Lakeshore Drive Bridge over Booker Creek, all in accordance with the approved plans and specifications.
This the 23rd day of April, 2001.
A RESOLUTION APPROVING A TOWN TRANSITIONAL HOUSING PROGRAM FOR PUBLIC HOUSING FAMILIES (2001-04-23/R-9)
whEREAS, the Council is supportive of a Town transitional housing program for public housing families; and
WHEREAS, a Town transitional housing program would help public housing families enter the private housing market;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is hereby authorized to implement a Town transitional housing program with the following components:
· Participation in the Transitional Housing Program would be limited to families with a rent paying ability of at least $450 per month.
· Participation in the Program would be for a maximum of five years. Participants remaining in he program after five years would pay market rate rent.
· Up to 20% of the monthly rent would be deposited in an escrow account. The amount would be given to the participant upon completion of the program.
· Participants would be required to use funds in the escrow account for a down payment on a home or deposits for private rental housing.
BE IT FURTHER RESOLVED that the Manager is authorized to implement a Town transitional housing program for public housing families.
This the 23rd day of April, 2001.
A RESOLUTION AUTHORIZING A LEASE-PURCHASE AGREEMENT FOR THE PURCHASE OF LAND FOR A PUBLIC WORKS OPERATIONS FACILITY (2001-04-23/R-11)
WHEREAS, the Town of Chapel Hill (the "Town") has previously determined to undertake a project for the acquisition of 54 acres of land for a Public Works operations facility and the Finance Officer has now presented a proposal for the financing of such Project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that:
1. The Town hereby determines to finance the Project through Branch Banking and Trust Company (`BB&T"), in accordance with the proposal dated April 17, 2001. The amount financed shall not exceed $900,000.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed 4.91%, and the financing term shall not exceed ten (10) years from closing.
2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the Town are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. The Financing Documents shall include a Financing Agreement and Deed of Trust and an Escrow Agreement as BB&T may request.
3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Town officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final form, as the Finance Officer shall approve, with the Finance Officer's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form.
4. The Town shall not take or omit to take any action the taking or omission of which will cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The Town hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax‑exempt obligations" for the purpose of Internal Revenue Code Section 265(b)(3).
5. All prior actions of Town officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately; provided however, that the actions authorized hereby are subject to approval of this financing by the N. C. Local Government Commission.
This the 23rd day of April, 2001.
A RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENSES OF CAPITAL RENOVATION PROJECT (2001-04-23/R-12)
WHEREAS, the Town of Chapel Hill desires to renovate certain Town facilities through use of installment financing contracts; and
WHEREAS, the Town has determined that the Hargraves Recreation Center and A. D. Clark Pool and Bathhouse, “the Project”, are facilities in need a major capital renovations and repair; and
WHEREAS, the Town proposes to finance these renovations through installment contracts that spread the cost of the Project over a ten-year period;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that, pursuant to the requirements of the United States Treasury Regulations Section 1.150-2, that the Council intends this resolution to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section.
BE IT FURTHER RESOLVED that:
1. Expenditures to be incurred. The Issuer anticipates incurring expenditures (the “Expenditures”) for the capital renovation and repairs to the Project.
2. Plan of Finance. The Issuer intends to finance the costs of the Project with the proceeds of debt to be issued by the Issuer (the “Borrowing”) the interest on which is to be excluded from gross income for Federal income tax purposes.
3. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is $940,000.
4. Declaration of Official Intent to Reimburse. The issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of the Borrowing.
BE IT FURTHER RESOLVED that the Council authorizes the Town Clerk to certify a copy of this resolution for the Local Government Commission.
This the 23rd day of April, 2001.
Regarding 5i, Council Member Foy agreed with Council Member Brown’s objection to the way the item had by-passed the normal process.
Council Member Bill Strom agreed, noting that there had been enough time to solicit bids in this case. He said that not doing so “taints the public process.” Mr. Horton replied that the Council had asked the staff to move the project ahead and that this had been part of their effort to do so.
Mayor Waldorf asked Council Member Strom how this would taint the public process. He replied that there is a benefit to the public when several service providers get a chance to offer their services. By negotiating with only one contractor, he said, the Town is not, in theory, getting the best potential for its dollars.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT R-13. THE MOTION WAS ADOPTED (6-2), WITH COUNCIL MEMBERS BROWN AND FOY VOTING NAY.
A RESOLUTION WAIVING THE TOWN’S STANDARD PROCEDURES FOR THE SELECTION OF ARCHITECTURAL AND ENGINEERING PROFESSIONAL SERVICES AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT FOR ARCHITECTURAL AND ENGINEERING SERVICES WITH GGA ARCHITECTS OF CHAPEL HILL FOR THE HARGRAVES RECREATION CENTER AND A.D. CLARK POOL RENOVATION PROJECTS (2001-04-23/R-13)
WHEREAS, the Council of the Town of Chapel Hill has directed the Town Manager to expedite the execution of the Hargraves Recreation Center and A.D. Clark Pool Renovation Projects; and
WHEREAS, the Town Manager has requested and recommended a waiver of the Town’s standard procedures for the selection of architectural and engineering professional services; and
WHEREAS, the Town Manager has recommended that GGA Architects of Chapel Hill be awarded the design contract for the Hargraves Recreations Center and A.D. Clark Pool Renovation Projects;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town’s standard procedures for the selection of architectural and engineering support contractors are hereby waived for the Hargraves Recreations Center and A.D. Clark Pool Renovation Projects.
BE IT FURTHER RESOLVED that the Town Manager is authorized to enter into a contract for architectural and engineering services with GGA Architects of Chapel Hill for the Hargraves Recreation Center and A.D. Clark Pool Renovation Projects.
This the 23rd day of April, 2001.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT O-1. THE MOTION WAS ADOPTED (6-2), WITH COUNCIL MEMBERS BROWN AND FOY VOTING NAY.
AN ORDINANCE AMENDING CHAPTER 5 OF THE TOWN CODE OF ORDINANCES REGARDING QUALIFICATIONS OF ARCHITECTS FOR TOWN BUILDINGS (2001-04-23/O-1)
Be it ordained by the Council of the Town of Chapel Hill as follows:
Section 1. Section 5-123 of the Town Code “Qualification of architects,” is hereby amended by adding the following to the end of the section:
‘ The forgoing section does not apply to the selection of architects for the 2001 major renovation of the Hargraves Center and the AD Clark Pool.”
Section 2. This ordinance shall become effective upon adoption.
This the 23rd day of April, 2001.
Council Member Bateman removed 6b - Traffic Signal at the Intersection of Stateside Drive and NC 86.
Council Member Foy asked Mr. Horton to make sure that the Bikes and Pedestrian Board received 6a - Report on Future Funding for Pedestrian Improvements.
Regarding 6a, Council Member Strom commented that the Town should pursue funds from Federal Transit Technical Assistance for crosswalk improvements.
regarding Implementation of New Zoning (Mayor Waldorf)
Mayor Waldorf reported that at the April 18th Town/Gown Committee meeting the Mayor’s Committee had presented a proposed schedule of action for developing an Office Institutional-4 (OI-4) zoning category and for reviewing a University application under that category. She said that the Mayor’s Committee had also sent a letter to Chancellor Moeser, which has two discussion papers attached to it. Mayor Waldorf reported that the Chancellor had accepted the proposals at the meeting. She then asked Council members to endorse:
· having Town and University staff members meet over the next month or so to discuss the details of the proposed O&I-4 in process;
· having the Mayor, Chancellor, Town Manager, and Vice Chancellor for Business and Finance meet to discuss the fiscal issues that were laid out in the proposal that the Council approved on April 9th;
· and, the schedule of action that the Mayor’s Committee had put forward.
Mayor Waldorf noted that this is an extremely aggressive schedule, which will require the Manager and staff to make it a top priority for the next few months. She pointed out that this may mean that other issues will be delayed. Mayor Waldorf recommended that the Council acknowledge that these discussions and the budget must take priority. She concluded that this work was very important and that it was reasonable to defer other issues. Mayor Waldorf asked the Council to adopt R-14 which endorses these proposals.
COUNCIL MEMBER STROM MOVED R-14. MAYOR PRO TEM PAVĂO SECONDED.
Council Member Ward expressed concern about possible ramifications of the tight time frame.
Council Member Brown asked if anyone other than the Town and University staff would be developing the ordinance. Mayor Waldorf replied that this was the resolution before the Council, adding that they were not developing an ordinance but rather a description of a zone and a description of a “general development.”
Council Member Brown asked if the mover and seconder would be willing to delete having the Council endorse the schedule of action that she described as “really hurried.” She said that she would endorse the first two requests if the third could be taken as a separate item.
Council Member Strom replied that it is a proposed schedule of action that the Council would not be obligated to follow. He commented that there is urgency around the matter and that it would be a symbol of the Council’s good will and faith in the negotiations to try and meet the schedule. Mayor pro tem Pavăo, the seconder, agreed with Council Member Strom.
Council Member Bateman asked if putting this on the front burner meant that the proposed Meadowmont School would be delayed. Ms. Culpepper replied that the Special Use Permit (SUP) had not yet been submitted. She said that the school project probably would not be discussed at the June public hearing, but it could be discussed on another night. Ms. Loewenthal added that the dialogue with the developer had been going well and that there could be a proposal for the Council on May 7th. Mayor Waldorf clarified that the Meadowmont review would not being delayed by this item.
Council Member Brown repeated that she wanted the schedule removed so that she could vote in favor of the first two recommendations. Council Member Strom said that he understood that, but urged Council Member Brown to “take comfort in the word ‘proposed’ schedule” and join the Council in this resolution.
Council Member Bateman asked if the development plan would include anything about the request to modify the Smith Center SUP. Mayor Waldorf replied that an SUP must be modified through the SUP modification process. She said that the Town has been clear with the University that they would have to submit a request for modification that needs to be evidentiary as SUPs always are. Mayor Waldorf added that any release of the buffer in the Smith Center SUP has to come through the SUP modification process, which would come before the Council separately.
Council Member Bateman asked if there would be two separate development plans—one with the Council approving the modification and the other with the Council denying it. Mr. Horton said that the University was already trying to determine a schedule for consideration of the SUP changes that it intends to request. Once that proposal was before the Council, Mr. Horton explained, the Town would be able to answer that question.
THE MOTION WAS ADOPTED (7-1), WITH COUNCIL MEMBER BROWN VOTING NAY.
Chapel Hill resident Diana Steele thanked the Mayor and Council members for representing the Town on this issue. She noted that the compressed schedule would put a lot of pressure on everyone involved. Ms. Steele asked the Council to continue to protect neighborhoods, especially where it becomes a matter of forcing residents out of their homes either directly or indirectly. Mayor Waldorf apologized to Ms. Steele for not calling on her before the Town Council voted on this issue.
Item 8 - Development Ordinance Text Amendment:
Adequate Public School Facilities
Ms. Culpepper recommended execution of the Memorandum of Understanding and adoption of the Adequate Public Schools Ordinance. She described the draft ordinance was a regulatory tool which proposes to synchronize new residential development with the availability of school facilities. The Memo of Understanding, Ms. Culpepper said, supports a cooperative approach between Orange County, Chapel Hill, Carrboro, and the Chapel Hill/Carrboro City Schools.
Ms. Culpepper noted that there had been two changes made in the draft ordinance since the February 19th public hearing. She said these had been due to concerns raised by the County Attorney. She explained that the term “dormitory style housing” had been changed to “residence halls” and that some language in the memo of understanding had been deleted from the draft ordinance. Ms. Culpepper noted the attachments, which addressed questions raised at the public hearing.
Council Member Evans asked what the attorneys’ concerns had been with regard to leaving the language about how percentages might be changed. Ms. Culpepper explained that leaving that language would require a development ordinance text amendment.
Builder Kevin Poythress, representing the Durham/Orange County Homebuilders Association, stated that planning must consider existing deficiencies, such as the need for new classrooms. He emphasized that such deficiencies must be cured by the broader community and not born solely by new homebuyers. Mr. Poythress explained that the Homebuilders Association supported the concept of an Adequate Public Facilities Ordinance to the extent that it forces a sober assessment of facilities needs in a community and puts in place a mechanism for meeting those needs. He added, though, that many ordinances such as this are followed by a moratorium. Mr. Poythress expressed concern about issues of equity and reliability. He said that the Homebuilder Association was opposed to the ordinance.
Aaron Nelson, representing the Chapel Hill/Carrboro Chamber of Commerce, re-emphasized the Chamber’s support for adequate public schools to meet students’ needs. He expressed concern, though, about the unintended consequences of this ordinance, such as the increase in the cost of housing and the possibility that some projects would preempt worthier ones. Mr. Nelson suggested a formalized, structured, communications plan between the school system, the County, and the towns, similar to that with OWASA. He explained that the Chamber had hosted a roundtable discussion on this issue and that all had come away with questions about unintended consequences. Mr. Nelson advised Council members not to adopt this tonight.
Phil Post noted what he called the “fatal flaw” in the ordinance: Caps will be issued before the project reaches any of the political bodies. He also noted that many who had read this ordinance feared that it would become a rationing program for housing. Mr. Post said that the losers would be the innocent people, such as non-profits, who would show up for their modest capacity only to find that it has been absorbed the week before.
Council Member Brown asked the staff to address the issues that the speakers had brought up. Ms. Culpepper replied that there was nothing in the proposed ordinance that would distinguish whether a project that comes in includes affordable housing or not.
Mayor Waldorf commented that it would be her objective to get something into the ordinance that does. She added that the proposed ordinance puts school capacity above all other community priorities, and advised the staff to continue searching for a way to permit affordable housing in the community. Ms. Culpepper, noting that the three attorneys had addressed this issue, suggested asking the Town Attorney about those discussions.
Mr. Karpinos explained that the impact of affordable housing on school demand must be considered just like any other housing. He explained that all three attorneys had agreed that they cannot make an exception for affordable housing and still defend the ordinance. Council Member Brown asked if the Town’s policies would ensure that affordable housing be included in development projects that come before the Council. Mr. Karpinos said that those policies would not change.
Mayor pro tem Pavăo, who had served on the task force that put the document together, explained that affordable housing had been exempted in one draft ordinance. He said that the attorneys had then told the task force that this could not be done. Mayor pro tem Pavăo pointed out that it had been extremely difficult and frustrating to put this document together. He wondered if the School System was the adequate body to determine capacity and to decide when to trigger this mechanism. Mayor pro tem Pavăo commented that what he had heard tonight had heightened his concern. Even though he had worked for several years on this ordinance, he said, he did not know that he could support it as is.
Council Member Foy asked if the issue raised by Mr. Post about early allocation and over subscribing of seats had been discussed. Mr. Karpinos explained that the proposed process would require a developer to get a certificate from the School System in order to file a development application. He noted the possibility that the number requested might be reduced as the project goes through the development process. Council Member Foy asked if having the certificate given at the end of the SUP process had been considered. Mr. Karpinos replied that he could not remember whether or not that had been discussed. Mayor pro tem Pavăo remarked that it probably had been.
Council Member Evans said she was not comfortable with the idea of the School System issuing certificates without knowing who at the School System would do that. She added that she would not be comfortable with any elected group issuing certificates because this could become very political. Council Member Evans remarked that she was also uncomfortable with an elected school board becoming the regulator of development in Chapel Hill/Carrboro. She suggested that page 15 of the Memo of Understanding be reworded to make it clearer.
Council Member Evans stated that many of her previous questions had not been answered. She said that she was not comfortable crossing her fingers and making public policy that she hoped would work. Pointing out that there were contradictory reports about whether or not the schools as they are now have adequate facilities, she asked how the Town would address changing demographics that might create under-capacity at one school and over-capacity at another.
Council Member Evans argued that there might come a time when there would be no new construction in Town. She noted that dates of completion could be such that caps are held hostage for years. Stressing that she did not think the Town could legally defend the argument that school overcrowding is due to new construction, she noted that the Town had grown at less than 2% per year while schools have grown 5-6% per year. The 4% difference is not coming from new construction, Council Member Evans said.
Council Member Evans noted that the Town needs all types of housing in all ranges. She argued that the high price of housing was due to the tight demand and that delaying construction would make even the lowest priced houses more expensive. She also worried that one of the unintended consequences would be rezoning to commercial. Council Member Evans pointed out that restricting housing in one community pushes it to another. She added that this is why they are dropping this approach in Florida, which is moving toward an incentive program instead.
Council Member Evans asked if the Town could ask the development ordinance consultant if there is a way that it could have an underlying zoning for high density. Then, if developers want to come in for rezoning in an area where the Town does not think it should be, she said, they would have to meet the standards of having space in the public schools. Council Member Evans explained that she had many more questions and real concerns that this would not work. She stressed that there was no reason to adopt it now and suggested taking the time to get more answers.
Council Member Ward said that he shared many of the concerns that Council Member Evans and others had expressed. He added that he was no longer convinced that any tool was better than no tool at all. Council Member Ward pointed out that if school enrollment was triple the rate of new growth in Town, then limiting construction would not achieve the Town’s goals. He suggested continuing to search for a way to address the problems in the school system, other than with this ordinance.
Council Member Strom asked Ms. Culpepper to explain what in the Memo of Understanding paces school construction with the capacity. She replied that the Memo requires capital facilities planning and requires the parties involved to utilize an agreed upon projected growth rate. Council Member Strom asked what obligation the County Commissioners and school boards have to construct new schools. Ms. Culpepper replied that they have an obligation to plan for future facilities.
Mr. Horton said that the key language, in Section One of the Memorandum of Understanding, requires that the parties work on a realistic capital facilities program. Council Member Strom said that he thought it was a good ordinance that would not stop growth but would become prescriptive and enforce the County Commissioners to rapidly address shortfalls within the School System. He noted that there were not many affordable housing projects that would be pushed aside because of this. Council Member Strom argued that Chapel Hill would become a less desirable community to live in if the Town does not address the problem of school overcrowding.
Mayor pro tem Pavăo referred to Council Member Evans’ point about Florida, noting that much of the information that the task force had relied on had come from that model. He added that there were several flaws in the ordinance and said he was not convinced that the Council should go forward with it at this time.
Council Member Foy expressed support for the ordinance in concept, noting that it at least provided a handle on joining development choices with funding choices for schools. He said that this was something the Council should go forward with, but added that he was not prepared to do so tonight because of the many legitimate concerns that had been raised. Council Member Foy suggested that this be merged with the SUP process so that school capacity becomes one of the things the Council takes into account.
Council Member Bateman expressed support for the Adequate Public Schools Ordinance because it proposes an orderly way for the Town to meet the needs of a growing school system. She pointed out that it would never be perfect and commented that those who are not committed to it now never will be. Council Member Bateman noted that the schools would use a formula to determine if there was enough school capacity in the system. She said that the Council, or any other board who disagreed with the calculation, could appeal that determination.
Council Member Foy replied that he was concerned about the potential ability to create problems in the process by having one person come in and sop up all the capacity. He said he too was in favor of an Adequate Public Schools Ordinance, but wanted to make sure that the Council had the ability to ensure that the capacity number is factored into decisions that it makes instead of having things backed up without the Council ever even seeing it. He said that addressing those concerns would mean that the Council could go forward on this.
Council Member Brown said that she hoped this would not be defeated tonight because the Town needed to do something about overcrowded schools. She endorsed Council Member Foy’s recommendation to refer it back to the staff to come back as soon as possible.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE ISSUE BACK TO THE STAFF TO ADDRESS COUNCIL CONCERNS.
Mayor pro tem Pavăo said that he endorsed the concept but felt that this might not be the proper document.
Council Member Evans noted that it had always been the role of the County Commissioners to fund adequate schools for the county. Pointing out that it had not happened in the past, she said that it probably would not happen in the future either. Council Member Evans expressed concern about the unfairness of the appeal process. She said that the term “best effort” does not have enough teeth to achieve the Town’s goals.
Council Member Strom suggested asking Mr. Karpinos to talk with the other attorneys about the changes that would be coming back. Mr. Horton stated that he was not clear about what issues the Council wanted the staff to pursue. Mayor Waldorf summarized the Council’s questions:
· How to ensure that the Town has a process that does not allow a single developer to take up a disproportionate amount of the allowances?
· Should the Town Council or the Board of Aldermen or the County Commissioners make allowances for school spaces at the time of development approval process, upon certification by the school system that those spaces are available?
Mr. Horton replied that this would change the process so that the applicant would be at the stage of approval when the School System would certify whether the number of units would be sufficient to meet the need of that development.
Council Member Brown called the question.
Council Member Evans asked to add a friendly amendment regarding determining how many children come from new developments. Council Member Foy refused the amendment because he was not sure that the staff should be asked to work on that.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO FORWARD ALL ISSUES DISCUSSED TONIGHT TO THE STAFF AND ATTORNEY. THE MOTION FAILED (3-5), WITH COUNCIL MEMBERS EVANS, PAVĂO AND WARD VOTING AYE; AND WALDORF, BROWN, FOY, STROM AND BATEMAN VOTING NAY.
Engineering Director George Small stated that Ordinance O-4 would put the State enabling legislation in the Town Code to allow the Town to use automated red light running enforcement equipment at Town intersections. He said that resolution R-16 would direct the Manager to solicit proposals for providing those services.
Mr. Small explained that the Transportation Board and the Bicycle and Pedestrian Advisory Board had voted in favor of O-4 and R-16. He noted the discussion of advantages and disadvantages on page two and explained that the first attachment included answers to questions raised at the public forum. Mr. Small pointed out the issues discussed on page four, such as current procedures for enforcing red light running. He noted that the contractor would place this equipment at the intersections with the most violations, which may not be the ones with the most serious accidents.
Mr. Small indicated the steps in the appeal process listed on page five, stating that Chapel Hill would allow 30 days to appeal. He noted that the Manager had recommended adopting this ordinance. Mr. Small equated adopting O-4 with “baiting the hook,” since the staff would then go “fishing” for contractors and then bring the issue back to the Council for a decision on whether or not to go forward with this automated enforcement proposal.
MAYOR PRO TEM PAVĂO MOVED O-4, AND COUNCIL MEMBER BATEMAN SECONDED.
Council Member Bateman asked Mr. Small if this would be reevaluated after a certain time period to decide whether or not to continue it. Mr. Small replied that it is almost a continuous evaluation, adding that it could put itself out of business. Mr. Small said that the staff would report to the Council on its success at the end of the year. Mr. Horton commented that a quarterly review process could be built in as well.
Council Member Strom suggested asking the contractors to include a one-year escape clause. Mr. Karpinos pointed out that the Town always has the ability to repeal the ordinance.
Council Member Evans asked if the plan was to move cameras to other intersections if the Town had many violations at other parts of Town. Mr. Small replied that this was typically the way it was done.
Council Member Foy asked what the statement “we would not continue our current no harm no foul policy” meant. Mr. Small replied that violators would be ticketed at monitored intersections regardless of circumstances, which is not always the way it is done in Chapel Hill.
Council Member Strom said that he would vote against the item because it is a simple problem that could be addressed if the Town did more enforcement. He stated that approving this would mean intersections with the biggest problems would issue the lightest fines. Council Member Strom wondered whether safety issues were driving the program as much at economic incentive. He argued that there are other methods that would not carry the same civil and social baggage that cameras at intersections do. Council Member Strom objected to cameras being placed only at intersections where contractors see the biggest payback rather than those where the most serious accidents occur. He said that the Town should own and operate the system rather than beginning to privatize police enforcement in this way.
Council Member Brown said that she would not vote for this since the Town had not looked as much as they could have at alternatives.
Council Member Ward noted that this was an imperfect tool, but argued that it was better than no tool at all. He noted that the police force could be relocated to more problematic areas. Council Member Ward agreed with Council Member Strom that enforcement should be tougher.
Council Member Foy suggested that if the Town does move forward with this ordinance then it should take away the private enterprise profit motive and do it ourselves and amortize the expense.
Mayor Waldorf expressed support for the item and agreement with the comment that the Police Department should be issuing tickets rather than warnings for red light running. She said that this was about safety, noting that accidents resulting from these violations are severe because violators speed up at the intersections. Mayor Waldorf said that she did not care whether the Town or a private company ran it, but thought that it was a reasonable safety measure to try.
Council Member Foy responded that it does matter who runs it because the Town will have no control over where a private company puts it. He commented that private enterprise does not care about public safety.
Mayor pro tem Pavăo asked if it would be possible to first work with private enterprise and then purchase the equipment later on if the Town is not happy with the way it is run. Mr. Small replied that this concept could be worked into the plan. He added that he had not meant to give the impression that this approach would not prevent accidents. In fact, he said, the high light running areas and high accident areas may be one and the same.
Mayor pro tem Pavăo asked if the “no harm, no foul” policy was to avoid flooding the courts with violations. Mr. Horton replied that most red light running occurs at peak hours, so the police could create worse problems by pulling people over.
Council Member Strom asked for information on how many warning citations the Police Department had issued. He requested an outline of what it would take for the Police Department to monitor the seven intersections more closely. Council Member Strom handed the staff a pamphlet from a company that he said had technology that could anticipate accidents. He asked the staff to look into those technologies as well.
Council Member Ward asked if the State statute would allow the Town to have its own system and still impose a civil penalty. Mr. Karpinos replied that the Town could do so.
THE MOTION WAS PASSED ON THE FIRST READING (5-3), WITH COUNCIL MEMBERS STROM, BROWN AND FOY VOTING NAY. IT MUST COME BACK FOR A SECOND READING.
Mayor Waldorf noted that R-16 authorized the Manager to solicit proposals. She asked that the staff address Council Member Strom and Council Member Ward’s questions as well.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-16. THE MOTION WAS ADOPTED (7-1), AS AMENDED BY COUNCIL MEMBERS STROM AND WARD, WITH COUNCIL MEMBER BROWN VOTING NAY.
A RESOLUTION DIRECTING THE TOWN MANAGER TO SOLICIT PROPOSALS FROM PRIVATE CONTRACTORS FOR AUTOMATED TRAFFIC ENFORCEMENT OF RED-LIGHT RUNNING, AND TO REPORT BACK TO THE COUNCIL WITH RECOMMENDATIONS ABOUT PROCEEDING FURTHER WITH PROGRAM IMPLEMENTATION (2001-04-23/R-16)
WHEREAS, the Council requested and received State enabling legislation for a local program to use automated traffic enforcement of red-light running violations; and
WHEREAS, the Council and advisory boards have received information about typical automated traffic enforcement technology and procedures; and
WHEREAS, the Council is interested in receiving and considering proposals from private contractors for studying intersections and designing a local automated traffic enforcement program for Chapel Hill;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to solicit proposals from private contractors for automated traffic enforcement of red-light running.
BE IT FURTHER RESOLVED that the Council directs the Manager to report back, after receiving and evaluating contractor proposals, with recommendations about proceeding further with program implementation.
BE IT FURTHER RESOLVED that the Council directs the Manager to report on the following issues:
· Number of warning citations issued by the Police for red-light running.
· Develop a model to assist the Police Department in more closely monitoring the seven identified intersections, avoiding the use of cameras.
· New technology that would detect speeding cars approaching an intersection and alter traffic signal changes accordingly to avoid red-light running.
· Quotes from companies that have technology that can anticipate accidents, such as the technology noted in the above bullet.
· How the Town might conduct such an automated traffic enforcement system, rather than contracting for the service.
This the 23rd day of April, 2001.
Item 10 - Appointments to the University’s Horace Williams
Planning Advisory Committee
Mayor Waldorf noted that Chancellor Moeser had in a recent letter mentioned having two Town Council members join the Horace Williams Planning Committee. She suggested designating Council Members Ward and Bateman because they live near the property and they have served on the other Horace Williams planning committees. She noted that Council Member Strom was willing to serve as an alternate. Council Member Foy suggested that Council Member Strom be kept in touch with the other two and with the Mayor’s Committee as well.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT R-17 WITH COUNCIL MEMBERS BATEMAN AND WARD INCLUDED AND WITH COUNCIL MEMBER STROM AS AN ALTERNATE. THE MOTION WAS ACCEPTED UNANIMOUSLY (8-0).
A RESOLUTION APPOINTING TWO COUNCIL MEMBERS TO SERVE ON THE UNIVERSITY’S HORACE WILLIAMS PLANNING ADVISORY COMMITTEE (2001-04-23/R-17)
WHEREAS, University Chancellor James Moeser has invited the Town to appoint two representatives from the Town Council to serve on the Horace Williams Planning Advisory Committee; and
WHEREAS, the next meeting of the Advisory Committee is scheduled for May 7, 12 Noon, at the Alumni Center;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Council Members Flicka Bateman and Jim Ward are appointed to serve as the Town’s representatives, and Council Member Bill Strom is appointed to serve as the Town’s Alternate representative, on the Horace Williams Planning Advisory Committee.
This the 23rd day of April, 2001.
Item 11 - Petitions
Mayor Waldorf noted that the Manager and the Fire Chief had begun an investigation of a recent plane crash at Horace Williams Airport. She explained that the crash had not been reported in a timely manner. Mayor Waldorf said that one of the Town’s representatives on the University Airport Committee had requested that the Council ask the University to inform the Town of what the operating conditions are for the Chapel Hill Flying Club at Horace Williams Airport and how failure to comply with reporting procedures affects their status. She asked the Manager to have the Fire Chief answer that question as part of his recommendations. Mayor Waldorf also expressed appreciation to Carolyn Efland for her prompt attention to this matter.
Item 12 - Reserved for Discussion of Consent Agenda Items
Regarding 5c, Energy References in the Comprehensive Plan, Council Member Ward asked if anyone was interested in changing “facilitating” to “maximize” and inserting “renewable” after “other” in “other energy sources.” Council Member Brown agreed with those changes.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT R-7 AS AMENDED BY COUNCIL MEMBER WARD. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION INCORPORATING A POLICY STATEMENT ON ENERGY CONSERVATION IN THE COMPREHENSIVE PLAN (2001-04-23/R-7)
WHEREAS, the Chapel Hill Town Council adopted a new Comprehensive Plan on May 8, 2000 and;
WHEREAS, the Council wishes to include a policy statement in that plan regarding energy conservation.
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill adopts the following statement as Town policy, and that this statement be considered to be a part of the Town’s Comprehensive Plan:
“The Town shall encourage site planning, landscaping, and structure design which maximize the potential for energy conservation by reducing the demand for artificial heating, cooling, ventilation, and lighting, and maximize the use of solar and other renewable energy resources.”
BE IT FURTHER RESOLVED that the Town Manager is directed to add a note referencing this policy statement to the list of “Additional Components of the Comprehensive Plan,” included as Appendix A of the Comprehensive Plan document.
This the 23rd day of April, 2001.
Regarding 6b, Traffic Signal at the Intersection of Stateside Drive and NC 86, Council Member Bateman asked if NCDOT’s proposal to raise the speed limit to 45 mph had been for the entire length of Airport Road. Mr. Small replied that it would go from a point north of Estes Drive to the northern Town limits just beyond Weaver Dairy Road. Council Member Bateman asked if it would be possible to go back again and ask if the signal could operate only at rush hours. Mr. Small replied that the staff had discussed this with NCDOT and were told that they could not do that. Council Member Bateman inquired about having unsignalized crosswalks. Mr. Small said he would ask NCDOT but was almost sure that they would not agree because they believe that those create problems rather than cure them.
Council Member Ward asked if there was a way to monitor the road so that the staff would know when it would be warranted to have a traffic light at 35 mph. Mr. Small replied that this is how it had been done in the past. Council Member Ward suggested doing that here as well. Council members agreed by consensus to accept the staff’s recommendation.
Item 13 - Request for Closed Session to Discuss Property
Acquisition, Personnel, and Litigation Matters
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER STROM, TO GO INTO CLOSED SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The meeting adjourned at 9:45 p.m.