SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, FEBRUARY 10, 2003, AT 7:00 P. M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Planning Director Roger Waldon, and Town Clerk Joyce Smith.
Mayor Foy suggested taking Agenda Item #10 up after Item #6, since several people were present to comment on that. There was no objection to the change.
Item 1- Ceremonies: None.
Item 2 - Public Hearings: None.
Item 3 - Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items not on the agenda.
1. Mr. Avram Friedman, director of the Canary Coalition, regarding support to protect air quality.
Mr. Friedman explained that on December 31, 2002, the EPA filed a ruling that revised a provision of the Clean Air Act. This revision could have severe consequences for North Carolina, he said, because the ruling would allow old nuclear facilities to increase their emissions without improving their emission control systems. Mr. Friedman asked the Town Council to join a lawsuit to reverse the ruling and to pass a resolution urging the State to do so as well. He pointed out that it directly undermines the gains achieved last year by the N.C. Clean Smokestacks Act. And, he added, it will eliminate the incentive for utilities upwind of North Carolina to stop polluting the air. Mr. Friedman explained that North Carolina would be the 11th state to file this petition. It would have to be filed by March 3, 2003, he said, stressing the importance of making this a national rather than regional issue.
2. Leia Kelly, Coordinator for the UNC Dance Marathon.
Ms. Kelly explained that this year's marathon would be held from 7:00 p.m. on February 21 to 7:00 p.m. on February 22, 2003. It is the largest student fundraiser at UNC, she said, and the second largest fundraiser for the N.C. Children's Hospital. Ms. Kelly stated that the Dance Marathon had donated $330,000 to the Children's Hospital over the last five years and had helped more than 1,400 families last year with their medical bills. She invited the Council and citizens to come and witness the event.
Council Member Bateman, who is principal of the UNC Hospital School, thanked students for their efforts. She pointed out that the Marathon needs dancers from 7:00 a.m. to 9:00 a.m. on Saturday morning. Ms. Kelly said that there were more than 1,000 students participating but they could always use volunteers.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3b. Petitions by citizens on items on the agenda. None.
3c. Announcements by Council Members.
Council Member Strom reported that the Town had installed a water spigot at the Homestead Park Dog Park, noting that it was needed and appreciated.
Council Member Strom also announced that the second of two meetings regarding the possible war with Iraq would be held in Town Hall on February 11, 2003. These are not Town-sponsored meetings, he said, adding that he had attended one and had found the discussion interesting. Council Member Strom listed the sponsoring groups, which include: Campaign to End the Cycle of Violence, Carolina Interfaith Task Force on Central America, Charles M. Jones Peace and Justice Committee, Community Church, Peace 1st, Peace and Social Concerns Committee of the Chapel Hill Friends Meeting, Orange County Peace Action, Students United for a Responsible Global Environment, and Women's International League for Peace and Freedom. Council Member Strom pointed out that the meetings were open to the public, and he encouraged citizens to stop by.
Item 4 - Consent Agenda
Mayor pro tem Evans removed 4c, Recommended 2003 Streetscape Construction Project, and 4d, Follow-up Report on Kiosk Installation Downtown.
Council Member Bateman stated that the Town and County would soon have enough bond money to begin the new Aquatics Center within the next two years. She pointed out that this was good news for the swim teams and for the community.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-1 WITH 4C AND 4D REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-02-10/R-1)
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:
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a. |
Nominations to various boards and commissions (R-2). |
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b. |
Authorization of Sale of $4,250,000 in General Obligation Bonds on March 25, 2003 (R-3). |
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e. |
Report on the Sykes Street Project (R-6). |
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f. |
Resolution Referring Transportation-Related Language Suggestions to Transportation Board (R-7). |
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This the 10th day of February, 2003.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-02-10/R-2)
WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and
WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:
Greenways Commission
Mary Ann Freedman
Richard Killingsworth
Town Operations Center Design Review Committee
Tom Heffner
Scott Radway
Ed Scheminger
This the 10th day of February, 2003.
A RESOLUTION AUTHORIZING THE FINANCING OF CERTAIN CAPITAL IMPROVEMENTS THROUGH THE ISSUANCE OF $4,250,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2003 OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA AND AUTHORIZING AND DIRECTING THE TOWN MANAGER, THE DIRECTOR OF FINANCE AND THE TOWN ATTORNEY TO TAKE ALL ACTIONS NECESSARY OR APPROPRIATE FOR THE ISSUANCE OF SUCH BONDS (2003-02-10/R-3)
WHEREAS, the following Bond Orders, each of which was adopted by the Town Council (the “Town Council”) of the Town of Chapel Hill, North Carolina (the “Town”) on September 23, 1996 and approved by a majority of the qualified voters of the Town who voted thereon at a referendum duly called and held on November 5, 1996, has taken effect:
“BOND ORDER AUTHORIZING THE ISSUANCE OF $5,000,000 RECREATION FACILITIES BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 OPEN SPACES AND AREAS BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $2,000,000 PUBLIC SAFETY BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 STREET AND SIDEWALK BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $500,000 PUBLIC BUILDING BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”; and
WHEREAS, on March 24, 1998, the Town pursuant to the authority of such Bond Orders issued $4,550,000 in aggregate principal amount of its General Obligation Public Improvement Bonds, Series 1998 (the “Series 1998 Bonds”), which Series 1998 Bonds are currently outstanding; and
WHEREAS, on March 1, 2000, the Town pursuant to the authority of such Bond Orders issued $4,700,000 in aggregate principal amount of its General Obligation Public Improvement Bonds, Series 2000 (the “Series 2000 Bonds”), which Series 2000 Bonds are currently outstanding; and
WHEREAS, the Town Council has determined that the following additional capital improvements (collectively, the “Improvements”) to the existing facilities of the Town should be made at the proposed costs set forth below:
Improvements Proposed Cost
Construction of recreational facilities $1,315,000
Acquisition of open space and greenway facilities $1,185,000
Renovation of existing law enforcement facilities $ 100,000
Renovation and improvements to existing public
works facilities $ 290,000
Repair and construction of streets, sidewalks and bridges $1,360,000
WHEREAS, the Town Council has determined that it is in the best interests of the Town to issue an additional $4,250,000 in aggregate principal amount of the Bonds authorized by such Bond Orders in order to finance the costs of the Improvements;
NOW, THEREFORE, BE IT RESOLVED by the Town Council as follows:
Section 1. Bond Orders. In order to finance the costs of the Improvements, the Town shall issue its General Obligation Public Improvement Bonds, Series 2003 in the aggregate principal amount of $4,250,000 (collectively the “Bonds”) pursuant to and in accordance with the Bond Orders described above.
Section 2. Other Actions Authorized. The Town Manager, the Director of Finance and the Town Attorney of the Town and such other officers or employees of the Town as are designated by any of them are hereby authorized and directed to take all action necessary or appropriate to effect the issuance of the Bonds by the Town subject only to adoption of a Bond Resolution by the Town Council.
Section 3. Resolution Effective Immediately. This Resolution shall take effect immediately upon its passage.
This the 10th day of February, 2003.
A RESOLUTION EXPRESSING APPRECIATION TO DR. WILLIAM ROHE, KATIE ANTHONY, AURELIE BRUNIE, DANIEL BRISSON, JOEL MANN, JOHN HOLMES, KATYE PARKER, KI-YOUNG YOO, AND WENDY SMITH OF THE UNC-CHAPEL HILL DEPARTMENT OF CITY AND REGIONAL PLANNING (2003-02-10/R-6)
WHEREAS, on January 8, 2001, the Council adopted a resolution authorizing the Town to participate in a process to develop an action strategy for the Sykes Street area of the Northside neighborhood; and
WHEREAS, Dr. William Rohe organized a class of UNC-Chapel Hill Department of City and Regional Planning Master’s students to work on the Sykes Street Action Strategy during the fall 2002 semester;
WHEREAS, under Dr. Rohe’s direction, the students strengthened community involvement and organized a Community Action Planning Day and the First Annual Northside Walk Honoring Frances Hargraves, and developed recommendations to improve the quality of life in the Northside neighborhood;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council expresses its appreciation to Dr. William Rohe, Katie Anthony, Aurelie Brunie, Daniel Brisson, Joel Mann, John Holmes, Katye Parker, Ki-Young Yoo, and Wendy Smith for their leadership with the Sykes Street Project.
This the 10th day of February, 2003.
A RESOLUTION REFERRING COMMENTS REGARDING THE TRANSPORTATION LANGUAGE POLICY TO THE TRANSPORTATION BOARD FOR COMMENTS AND RECOMMENDATIONS (2003-02-10/R-7)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers comments regarding the Town’s Transportation Language Policy to the Transportation Board for its comments and recommendations, to be reported back to the Council at a future Council meeting for review.
This the 10th day of February, 2003.
Item 5 - Information items
Council members received the information reports by consensus.
Item 6 - Response to Petitions Related to a Possible Third High School
on the Southern Community Park Site
Mayor Foy welcomed the many citizens who had come to address this issue. He also welcomed County Commissioners Alice Gordon and Margaret Brown, School Board Vice-Chair Gloria Faley, School Superintendent Neil Pedersen, and Assistant School Superintendent Steve Scroggs.
Mr. Horton reviewed the proposal to co-locate a third high school on land planned for development as the Town's Southern Community Park. He noted that Mayor Foy had participated, at the request of Town Council, in a High School Planning Task Force, which included County Commissioners and the Chapel Hill/Carrboro School Board.
With regard to the petition, Mr. Horton stated that sharing a park/school facility would be problematic because the hours of high school programs would cut into time for community access. He explained that Assistant School Superintendent Steve Scroggs had said the School System would require 35-50 acres of the park's 70-acre site. Mr. Horton added that a report on the school system's website indicated that the park site could be developed as a high school only with changes in the park plan. These changes would include the deletion of three soccer fields, a youth baseball field, a roller hockey court, and a disc golf course, he said. Mr. Horton concluded that the high school would diminish the use of the site for park and recreation purposes, the need for which had been well established.
Mr. Horton reviewed how the land had been acquired for a community park and noted that it had been included in the goals and objectives of the Comprehensive Plan as well as the Parks and Recreation Department's Master Plan. He described it as an important element in the Town's adopted plans for the southern area of Town. Mr. Horton then listed three options for the Council to consider: Resolution A would confirm the Council's intent to develop the Southern Community Park as envisioned in the conceptual plan adopted in March 2001; Resolution B would authorize the initiation of a new conceptual plan for development of a joint high school/park site; and, Resolution C would authorize the Manager to negotiate with the School System for sale of the park site. He listed the advantages and disadvantages of each option, and recommended Resolution A. Mr. Horton stated that the staff found little promise in the argument for co-location or joint use of facilities. The cost of acquiring sufficient land to replace the site, he said, would be excessive.
Terry Blalock, representing the Parks and Recreation Commission, read a January 15, 2003 memo from the Commission to the Mayor and Council regarding the petition. The memo stated that the Commission had voted (7-0), with two abstentions, to recommend that the Town Council retain the Southern Community Park site for park use, he said. Mr. Blalock predicted that the needs of the high school would limit the availability and opportunity for public use of the property. He said that plans that had been forming for years would be disrupted by such a change.
Gloria Faley, School Board Vice-Chair, mentioned other facilities that the Town and School System had shared and provided a list of Town agencies that had used school facilities in the past. Noting that the majority of new high school students would come from the southern part of Town, she said the Southern Community Park site would meet both educational and community needs. Ms. Faley said the site on Old Lystra Road, which Mayor Foy had presented to the School Board, would present a number of problems.
Ms. Faley stressed that the School Board did not desire to take parkland away from citizens. She asked the Town Council to adopt Resolution B, adding that the School System had defined a high school that would be well under Orange County's current standards for high school acreage and parking. Ms. Faley asked Council members to work with the School Board to find a common solution that would offer more, not less, park space to citizens.
Tom High asserted that the Manager's rejection had primarily been in reaction to losing the athletic fields. He expressed disappointment over his perception that the Manager had excluded discussion of how to work this out. Mr. High referred to another option for a smaller, less invasive school. He noted, however, that this option could not take place until the Town agreed to a discussion among various elected bodies. Mr. High implored Council members to allow a discussion to take place.
Margaret Campion suggested that the Manager's report had been based on the assumption that there was no other nearby land available. She said that Resolution B came closest to the neighbors' request but it was too big a step at this point. Ms. Campion distributed an alternative resolution, called "little b," that would allow discussion to continue. She emphasized that citizens had never intended to ask the Town to share fields with the school.
Ms. Campion objected to what she perceived as a proprietary attitude toward money that had pitted parks against schools. This had created the illusion that there were two different pots of money, she said, adding that in fact all of the money comes from citizens' pockets. Ms. Campion pointed out that all might get more than any had envisioned if they work together.
Kathy Tauney, a Southern Village resident, requested that the Council reject the Manager's recommendation and review the Parks and Recreation Department's Master Plan that they had unanimously approved in May 2002. That document states that the School System and the Department should develop facilities together, she said, noting that the Manager had recommended adopting that as part of the Town's Comprehensive Plan. Ms. Tauney suggested that there was a contradiction between that and statements in the Manager's report being considered tonight. She proposed that a 35-acre school site would not infringe terribly on the park since there would be a joint use of facilities. Ms. Tauney also noted that UNC's recreation facilities had not been considered in the Town's Master Plan and/or the projected needs.
Judy Crook spoke in favor of sharing the site. She listed several reasons why the Southern Community Park site would be ideal for a high school, and explained that the Chapel Hill School System had taught her to share. Ms. Crook predicted that there would be no high school in the southern part of Town, or a smaller, expensive, and inadequate one built somewhere else, if the Town does not approve this site. Or, perhaps the City and County school systems would be combined, she said. Ms. Cook pointed out that a functional society is based on compromise and suggested that the Council show their constituents that they and the School Board can work together.
Mark Smith spoke on behalf of Citizens Advocating for a Third High School and for Focus, which is a redistricting group of 141 parents near Southern Village. Mr. Smith stated that children's needs were being lost due to behind-the-scenes agendas from various groups. He asked that these groups come together and that the Council take the lead in achieving the goals of the Comprehensive Plan and create a win-win solution for all.
Scott Madry, a member of the former Southern Community Park Conceptual Plan Committee, spoke in support of Resolution A. He distributed documents from the Orange County Geographic Information System. On an overhead screen, Mr. Madry superimposed footprints of Chapel Hill High School and East Chapel Hill High School on the Southern Community Park site. He pointed out that either one would take up a large portion of that site. Mr. Madry noted that the Town had almost reached the point where it would have the park that it had been awaiting for 15 years, and asked that they move forward to achieve that goal.
Ava Nackman asked the Town Council, County Commissioners, and School Board to meet with each other regarding this issue. She expressed the perception that the three bodies had not been willing to do so. Ms. Nackman said that she bases her decisions in these situations on two truths: in making a decision for the future you should not consider sunk costs; and there can be no good government without good communications. She asked the Council not to preclude the possibility of a joint project simply because it might require rethinking plans for the park. Ms. Nackman objected to the staff having taken information from a School System website and said the website had not been meant to address this issue and all its complexities.
Andrea Rohrbacher said that even if Southern Community Park were fully developed as planned the Town would still have to acquire additional land to meet demands. She added that the conceptual plan for the park included amenities not available in other parts of Town, such as roller hockey, disc golf, and a water park. Ms. Rohrbacher asked Council members to consider the purpose and recommendations of the Parks and Recreation Department's Master Plan when thinking about developing that land.
Etta Pisano, a member of Citizens Advocating for a Third High School, urged Council members to adopt "little b," as put forward by Margaret Campion. She asked that the Town allow a few more weeks to try and work things out with the School Board. Ms. Pisano proposed that the County Commissioners wanted the Council to take the heat for putting a new school on Eubanks Road. She said that a Council vote for "little b" would allow constituents to talk about what they want, and maybe even place things where they need them in the southern part of Town.
Audrey Booth spoke in support of maintaining the site for a park. She described planning in Chapel Hill as an orderly and deliberate business. Ms. Booth stated that Southern Community Park had been the result of a well-timed County bond issue. She remarked that this probably would be the last major park possible within Chapel Hill city limits.
Lloyd Melnick commented that Resolution A makes sense if looked at in a vacuum. He said the recommendation does not consider that the high school would have to be located at one of the problematic locations that the School Board had identified, he said.
Matt Banks pointed out that the School Board's proposed plan would have young girls sharing facilities with high school football and soccer players. He noted the scheduling conflicts that might arise even if the two groups did not share facilities. Mr. Banks said that soccer players had waited 17 years for a facility in Chapel Hill, and described some of the recent maneuverings as disingenuous. He pointed out that there were 2,200 soccer players in the community, plus the immigrant Latin American population who play every day anywhere they can. Chapel Hill children were practicing on wetlands, Mr. Banks said, pointing out that the children he coaches have only one school field that they're permitted to use. He asked how they can practice to be professionals under circumstances like this. Mr. Banks urged the Town Council to live up to its promise and vote for Resolution A.
Lloyd Kramer, a Dogwood Acres resident, urged the Council to adopt Resolution A. He said the need for a park was more urgent now than when the Town bought the land in the 1980s. Mr. Kramer pointed out that the Town had protected the 70-acre site in order to provide environmental balance to the high-density development of Southern Village. The need for open spaces had become steadily more pressing as a result of new housing and commercial centers in southern Orange and northern Chatham counties, he said. Mr. Kramer stated that this block of land was the only adequate space left to meet the need for a large park. Referring to other speakers' comments on sharing, he pointed out that residents of all ages, groups and genders would use a park. With respect to the suggestion that kids could walk to school, Mr. Kramer noted that many who live within walking distance of Chapel Hill High School take the bus. He stated that it would be wrong to set aside the outcome of bond votes and sell parkland for development of a school.
Sean Lennard argued that there were logical reasons why joint use agreements do not work in a high school environment. He listed several of the citizens' suggestions and refuted each of them. Mr. Lennard said that sharing facilities would also not work, and asked Council members to follow the Manager's recommendation and vote for Resolution A.
Michael Kelley spoke against the potential options of busing kids to Eubanks Road or using the Cedar Ridge site. He asked the Council to adopt either Resolution B or "little b" and to sit down with other groups and at least try to make the Southern Community Park site work.
Greg Overbeck urged the Town Council to adopt "little b" and to allow time for discussion of this extremely important and complex issue.
Coleman Day expressed support for the Town Manager's conclusion and expressed strong support for Resolution A. He agreed that nothing but good could come out of dialogue, but urged the Council to stay the course and vote for Resolution A.
Joe Herzenberg pointed out that the people of Chapel Hill had supported the Southern Community Park for 17 years and had voted for it in both Town and County bond referenda. He noted that approval of Southern Village had been based on the assumption that there would be a large park built next door. Also, he said, a school merger seems more likely now and the implications of that are unclear. Stating that the people of Chapel Hill have had insufficient recreational facilities for more than 30 years, he asked the Town to reward good planning and to act decisively.
Tom Ronmin, a Dogwood Acres resident, remarked that there was not enough space for a state-of-the-art high school at Southern Community Park. He said that a park was greatly needed there because of the large amount of development at that end of the County. Mr. Ronmin asked Council members to vote for Resolution A.
Jonathan Simmons, a resident of Dogwood Acres, urged the Council to vote for Resolution A. Even though the Town needs a high school, he said, there should be no more dense development in the southern part of Town. Mr. Simmons commented that the word urban implies that concrete will be placed over green grass. He argued that the area was a suburban one that should not sacrifice its park areas.
Valerie Broadwell urged the Council to move forward with the Southern Community Park as planned and as the Manager had recommended. She said that a 2000-2001 Parks and Recreation Department-commissioned inventory of Chapel Hill had found a serious deficit of park space, particularly in the southern part of Town, even with the Southern Community Park being planned. Ms. Broadwell remarked that abandoning plans whenever there is a crisis would lead citizens to lose faith in the process. She expressed concern that sharing the space would leave active sports predominating over passive recreation. Ms. Broadwell offered several possible alternatives: explore options such as smaller sites for two high schools; push back on the State's minimum requirement for acreage for a high school; add on to the two existing high schools; redevelop more than one urban site with more intensity; and, look for another 70-acre site suitable for parkland in Chapel Hill.
Kathy Arab noted that children are becoming increasingly unhealthy because they spend more and more time sitting in front of computers. Taking park space away from children who do not have a large yard of their own, she said, just exacerbates the problem. Ms. Arab stated that soccer is a rapidly growing sport in Chapel Hill, but her children must go to Raleigh to practice because of Chapel Hill's limited green space. She described the attempt to change a plan that had been voted on 15 years ago as presumptuous. Ms. Arab expressed surprise over the School System not showing the same foresight in planning for a third high school as the Town had shown in planning for a park. She also questioned the safety of various age groups sharing a facility. Ms. Arab asked if the Lincoln Center could be considered for an urban high school.
Lee Nackman said that no one was disputing the need for soccer fields as well as a third high school. He asked that the Town, County and School System work together to try and find a creative solution to the problem of this part of Town being underserved for both.
D. R. Bryan said that he had developed Southern Village with the concept that density would create community and limit the need for automobiles. He said that he had worked with the Town and the School System to add Scroggs Elementary School at Southern Village. This had become one of the greatest community builders, he said. Mr. Bryan commented that when he heard about the proposal for a high school at the park he thought that this was turning out even better than he had expected. He asked the Town Council not to make a decision based on limited information but to find a win-win solution for all.
Mark Weedon explained that he and his family had moved to Chapel Hill because of the Town's ideals, which include respect for the environment and open space and an unparalleled education system. But, he said, not having schools within a reasonable commute would greatly diminish what Chapel Hill has to offer. Mr. Weedon asked Council members to take the time to reach a decision with good will on all sides.
Rob Verboon, a member of the Greenways Commission, stated that he represented all of the different factions in one person. He is a parent of high school children, and he has driven them all over the place to play soccer. Mr. Verboon spoke in favor of "little b" because it would allow the community to find a solution that will serve everyone's needs.
Deborah Fulghieri noted that the population of Chapel Hill had gone from 30,000 to 45,000 between 1990 and 2000. She said that she and her family had moved to Chapel Hill because of its school district's fabulous reputation. Ms. Fulghieri commented that people pay a premium to be in Chapel Hill because of that. When thousands of homes are built in the southern part of Town, she said, one expects that plans would have been made to school the children there. Ms. Fulghieri asked Council members to meet with the other elected officials and resolve the issue.
Allison Worthy, referring to the high quality of life in Chapel Hill, asked the Town Council to consider "little b" even though co-locating the park and school might not be the best solution.
Mayor Foy outlined the Council's involvement thus far with the high school siting process. He said that Council Member Bateman had originally suggested that the Town Council begin discussion with the County Commissioners and the School Board about the possibility of siting a high school in the southern part of Town. Mayor Foy explained that Council members had asked him to contact the other two entities and he had done so. As the Council's representative, he said, he attended three High School Planning Committee meetings in October and November. Mayor Foy explained that these meetings included representatives from all three entities as well as the Parks and Recreation Department.
Mayor Foy said that he had made it clear at those meetings that Chapel Hill would consider using the Southern Community Park site for the school only if it meant making minor modifications to the site. Therefore, he said, it was somewhat unfair to say that the three groups had not gotten together and talked. Mayor Foy stated that he had specifically asked that the school be designed in cooperation with the Town, the Parks and Recreation Department Director, and with the Transportation Director, in particular, so that the fare-free bus system could serve the urban school. He had always been clear that the Town would not take a net loss on the park, he said, because the park had been a long-term commitment of the Council. Whether conversations should continue is a separate matter, said Mayor Foy, but he stressed that those conversations had occurred.
Council Member Harrison mentioned a recent memo received that afternoon from the School System regarding a compact design that could require less acreage, and that this was the first he heard of the System’s interest in this. He asked Mayor Foy if that idea had been discussed during the October and November meetings. Mayor Foy replied that using a smaller footprint for the high school had been discussed, as well as using off-site facilities including eight acres of Town property, but no proposal for less than 30-40 acres had been made.
Council Member Bateman asked School Board Vice-Chair Gloria Faley what the Board's overall priority was in siting its next high school. Ms. Faley replied that it was to do something about the 1,500 students who would be moving into high school. The second priority, she said, was to place a high school where it could best serve. Ms. Faley explained that the Board was in the process of defining an urban school and determining whether the area is an urban community. Council Member Bateman commented that playing fields, then, would not be absolutely necessary. Ms. Faley replied that designing an urban school also means looking at how to share facilities.
Council Member Kleinschmidt asked Ms. Faley if the School Board expected the 30-40 day discussion session proposed in "little b" to lead to the decision that the Board must make by April. He also asked if the Board was looking at other alternatives. Ms. Faley replied that other currently available sites were Old Lystra Road and Rock Haven Road. She said that the School Board had discussed converting Lincoln Center back into a school for 500 students and using the Southern Park site for 1,000 more.
Council Member Kleinschmidt asked if the School Board could reach a conclusive definition of an urban school by the end of the proposed 30-40-day period. Ms. Faley replied that the Board's architect already had provided definitions of an urban school. What gets difficult, she said, is determining what is an urban setting in Chapel Hill. Ms. Faley pointed out that everyone could put new ideas on the table during those 30-40 days, such as use of the land near and around the Southern Community Park site. She emphasized that the School System would continue to look at back-up sites, but they want the opportunity to have more specific conversations that might open up possibilities.
Council Member Verkerk asked Ms. Faley if the School Board had the time to go through the Town's public process, which would take nine months to a year. Ms. Faley replied that the goal was to determine a viable solution by the end of 30-40 days. Council Member Verkerk asked again if the School Board could wait for the Town Council's public process, even if there was a viable plan. She pointed out that the Council would have to hear from the public and then rework its Master Plan, which would take time. Ms. Faley replied that they could not wait a year or more but they could at least know after the 30-40-day period if the option was feasible.
Mayor pro tem Evans asked Ms. Faley if the School System had identified other land on which the Town might relocate elements of the park. Ms. Faley mentioned Otey's Road, and said that there were other small parcels of land that might become practice fields. She commented that this and traffic generation are among the things that could be discussed during those 30-40 days.
Mayor pro tem Evans moved the alternative resolution "little b," stating that she did not think the Town had coordinated, supported and shared information as it should. Council Member Ward seconded.
Council Member Wiggins confirmed that the high school needed 35-50 acres, and asked how many acres Assistant School Superintendent Steve Scroggs would estimate for an urban, 1,000-student high school. Mr. Scroggs replied that State guidelines give 40 acres for a 1,000-student school, plus one acre for every 100 students. That would equal 50 acres, he said, adding that the figure does not consider an urban design which means stacking, reducing spaces surrounding the building, and pulling parking and fields closer together.
Mr. Scroggs explained that he had visited an urban school in Virginia that had a 1,800-student capacity building on 30 acres of land. It did not have all of the practice fields, he said, and it had limited parking, but it was a fine example of what good planning and coordination can do.
Council Member Wiggins asked if the School System would put a similar 30-acre site forward for consideration. Mr. Scroggs replied that it would depend on the topography. They had specifically hired an architectural firm with experience in designing urban high schools, he said.
Council Member Strom asked Mr. Scroggs if the Town would be asked to go forward with a plan if determined as viable during the 30-day period. Mr. Scroggs replied that the 30-day discussion would be to see if it was possible. If will not fit on the present site, he said.
Council Member Strom asked if the School System would need an answer to where the footprint of the high school would be. Mr. Scroggs replied that they could not wait 15 months, but that this should not preclude looking at the possibility.
Council Member Wiggins remarked that a 30 or 40-day wait would not hurt the Town. It might help the schools, she said, and there might be a possibility of co-locating. She said if the School System objects to the length of the process, so be it, since the Town cannot change its process. Council Member Wiggins argued that it would not hurt anyone to sit down and talk for 30 days.
Mayor Foy asked Mr. Horton to give an overview of the Town’s review process, and to include what getting to the present stage had entailed. Mr. Horton explained that the normal process for designing a park is to appoint a group of citizens to work with members of the Parks and Recreation Commission, and perhaps Greenways Commission, to develop the concept. After a review of applicants, the Council engages a designer who will work with the staff and the Committee, he said. Mr. Horton explained that the Town then gathers input from the affected area, and from all citizens, since Chapel Hill's parks serve the entire community.
Mr. Horton reviewed the process of considering the land, which includes analyzing the environmental impacts and the Town's regulations for development. After that, he said, the Town prepares rough ideas for comment by the Committee for feedback to the designers, who then develop plans for public review. This often means additional comment at forums held by the Committee, Mr. Horton said. He explained that all of this would be working toward a plan to present to the Council, which would then hold a public forum, and, typically, modify the plan. The Committee would consider those modifications and send recommendations back for a final conceptual plan to be endorsed by various other committees, he said. Mr. Horton pointed out that this process takes time but has served the community well by making sure that all stakeholders have an opportunity to participate.
Mayor Foy noted that Resolution C would allow the County Commissioners to buy the land and use it for any purpose. If the Town is going to use that land, he said, then it will take a year to get through the community-wide process.
Mayor Foy pointed out that Carrboro Mayor Michael Nelson had recently asked the Council to go forward with its original plan. Mayor Nelson explained that Carrboro had abandoned its plans for a park because it believed that Chapel Hill was going to develop the Southern Community Park site, he said. Mayor Foy pointed out that Carrboro was another constituency that would need to be heard from. He emphasized that the park plan could not be changed by a 40-day process.
Council Member Verkerk suggested simply refusing so that the School System could get on with finding another site.
Council Member Wiggins commented that this made sense since Mr. Scroggs had just said that the School System could not wait a year. Since we cannot do it quickly, she said, it would appear we have nothing to talk about.
Council Member Ward explained that he had seconded the motion for "little b" because so many people had said they were willing to take the risk and explore the possibilities. He pointed out that the Town had a good track record of taking the extra effort to do things that have resulted in wonderful additions to the schools and community. Council Member Ward stated that there had been a couple of instances recently where the Town had missed such an opportunity. To deny this 40-day window would be another missed opportunity, he said. Council Member Ward remarked that whether to wait a year to build the school or not would be the School Board's decision.
Council Member Wiggins asked if the School System had any flexibility in working with the Town's public process. Ms. Faley replied that the Board had not discussed this.
Council Member Kleinschmidt said it seemed impractical that the Town would come up with a solution that would meet the School System’s need to get seats for 1,500 students within the next three years. He argued that the Council should not attempt to fit in with the School System's plan, especially given the lack of information coming from the Schools.
Mayor Foy asked if there was support for the substitute motion for Resolution A. If the substitute passed, he said, it would put Resolution A rather than "little b" on the floor.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO SUBSTITUTE RESOLUTION 8A FOR RESOLUTION "LITTLE B." THE MOTION WAS ADOPTED 6-3, WITH MAYOR FOY AND COUNCIL MEMBERS BATEMAN, HARRISON, KLEINSCHMIDT, STROM AND VERKERK VOTING AYE, AND COUNCIL MEMBERS EVANS, WARD AND WIGGINS VOTING NAY. RESOLUTION 8A IS NOW THE MAIN MOTION.
Council Member Bateman said that she had come full circle on this issue. She wished that this could be a win-win situation, she said, but she did not think it would be. Council Member Bateman remarked that Council members could go with "little b" if they were willing to drastically change the park. She was not willing to do that, she said, even though, as a member of the School System, it probably would benefit her to do so. Council Member Bateman stated that there was a need for a park and a commitment had been made for one. She added that she had not been convinced that other sites would not work for a high school. Council Member Bateman described the Southern Community Park site as a preference for the School System rather than a necessity, and added that she would still like to see the park used to supplement a school site.
Council Member Verkerk explained that she had moved to Chapel Hill in 1994. She did not feel that she should use her vote to overturn votes that had been cast in Chapel Hill since 1986, she said. Council Member Verkerk expressed concern about situating a high school in a park for security reasons. She said that having unsupervised nature trails near a high school campus is not a good idea. Council Member Verkerk suggested that citizens think about building an urban school rather than an urban school situated in a suburban setting.
Mayor pro tem Evans said that she would not support Resolution A. She told the audience that the Manager represents Council policy. If the Council had expressed a preference for "little b," she said, then there probably would have been further discussion of that option from the staff. Mayor pro tem Evans said it was appalling that the Town would not allow the School Board and County Commissioners 40 more days.
Mayor Foy stated that adopting Resolution A would not mean that the Council was not cooperating with the School Board and the County Commissioners. He stressed that the Town would continue to do so and that locating a high school in the southern part of Chapel Hill must be done in cooperation. Mayor Foy pointed out that Resolution A states that the Council will move forward with the plans for the Southern Community Park. He pointed out that there were other parcels identified for a high school, and there are other options available. Therefore, it was not accurate to say that voting for Resolution A means not cooperating, said Mayor Foy.
Council Member Ward remarked that it was also inaccurate to say that "little b" was an unethical decision because it contradicts the votes of prior referenda. The Southern Community Park would be there regardless, he said, adding that having that is the bottom line for him. Council Member Ward stressed that he was not willing to swap a park site for a school site but he was willing to allow the process 40 more days. He said that he had been on the Parks and Recreation Commission for six years and was the Council’s liaison to the Orange County Soccer Symposium. Council Member Ward emphasized that he was not trying to sabotage the park by supporting "little b."
Council Member Harrison pointed out that towns are not in the school business, but counties are. If Orange County had asked the Town to be part of this discussion, he said, he would do so. Council Member Harrison warned those in the audience to be careful about what they ask for. He said the school described by Mr. Scroggs was a giant urban school by any standards, and suggested using caution when asking the Town to open up a long and onerous process.
Council Member Wiggins explained that she had come to the meeting prepared to support Resolution A, but representatives from the School System had expressed flexibility. She stressed that she did not want to give up the park, and she agreed that Carrboro must be included in the discussion. Council Member Wiggins said she was willing to sit and talk for 40 days, adding that the Town has little to lose by doing that.
Council Member Strom expressed support for Resolution A. The Town was not being asked to make a minor modification to the park plan, he said, adding that he had worked very hard for the plan by chairing the County bond effort in 1997 and the park bond effort in 2001. Council Member Strom explained that getting Carrboro's agreement had been a key to getting the Commissioners' agreement of putting $2 million on the bond. He noted that the Council would be making a major capital investment in a public works facility and would likely be asking the voters of Chapel Hill to approve a bond. Council Member Strom stressed that the public needs to know that the Council's word was credible. He agreed that the best thing the Council could do would be to refuse, and expressed confidence that Mayor Foy would continue to represent the Council and would fully participate in making sure that the southern school is built.
THE MOTION WAS ADOPTED 6-3 WITH MAYOR FOY AND COUNCIL MEMBERS BATEMAN, HARRISON, KLEINSCHMIDT, STROM AND VERKERK VOTING AYE AND COUNCIL MEMBERS EVANS, WIGGINS AND WARD VOTING NAY.
A RESOLUTION STATING THE COUNCIL’S INTENT TO PROCEED WITH DEVELOPMENT OF THE SOUTHERN COMMUNITY PARK AS ENVISIONED IN THE CONCEPTUAL PLAN ADOPTED IN MARCH 2001 (2003-02-10/R-8a)
WHEREAS, the Town Council purchased 78 acres of property in 1988 and 1990 from proceeds of the 1986 and 1989 Parks General Obligation bonds; and
WHEREAS, in 1997 and 2001 voters approved Orange County bonds that included a total of $3,000,000 designated by the Board of Orange County Commissioners for the Southern Community Park; and
WHEREAS, the Town Council adopted the Small Area Plan, Southern Area in June 1992, which envisioned the Southern Community Park; and
WHEREAS, the Town Council adopted the Parks and Recreation Master Plan in 2002, which anticipated the construction of the Southern Community Park to meet a significant portion of the Town’s recreation needs by the year 2011; and
WHEREAS, the Council created the Southern Community Park Conceptual Plan Committee to make recommendations concerning the potential development of a park on Town property; and
WHEREAS, the Council adopted the Report of the Southern Community Park Conceptual Plan Committee in 2002; and
WHEREAS, the Southern Community Park would promote the goals and objectives of the Town’s Comprehensive Plan; and
WHEREAS, the Council received petitions on January 13, 2003, both in support of retaining the property exclusively for park purposes and in support of sharing the site with a third high school; and
WHEREAS, the Council has considered the benefits of the proposals to the citizens of Chapel Hill;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council indicates its intent to proceed with the Southern Community Park as envisioned in the adopted Report of the Southern Community Park Conceptual Plan Committee.
This the 10th day of February, 2003.
Mayor Foy suggested that he, or another representative of the Council, contact the School Board and offer the Town's ongoing participation. If a high school is located in the urban services area, he said, the Council should be involved from the start.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER HARRISON, THAT MAYOR FOY CONTINUE TO REPRESENT THE COUNCIL IN THE EFFORT TO LOCATE A THIRD HIGH SCHOOL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 10 - Resolution in Support of Exhausting All
Diplomatic Efforts before Invasion of Iraq
Mayor Foy explained that Council members had drafted Resolution R-12 jointly. Mayor Foy then read the resolution opposing unilateral military action in Iraq.
Council Member Wiggins suggested deleting the word "unilateral" from the first "now, therefore, be it resolved…" She also asked to place a period after "human rights in Iraq and all nations," in the last paragraph, and to delete the rest of that sentence.
Robin Helweg-Larsen described the Bush Administration's plans for war against Iraq as fiscally irresponsible and morally bankrupt. He said the plan would spend money on weapons at the expense of local services and civilians at both ends of the conflict would pay for the war leaders' glory. Mr. Helweg-Larsen stated there were other ways to deal with Iraq and Saddam Hussein, such as the International Criminal Court. He spoke in favor of building a system of international law, working to democratize American allies in the region, and trying to create a culture of justice and peace rather than war.
Mr. Helweg-Larsen expressed support for R-12, but agreed with Council Member Wiggins' suggestion to delete the word "unilateral." He also requested that "exhausting all diplomatic efforts before invasion," which is part of the title, be added to the text. Mr. Helweg-Larsen said that the concept of a preemptive strike was contrary to the very thrust of American diplomatic history and success. He requested that R-12 include a statement asking the Bush Administration to refrain from military action against Iraq except in response to an attack on the United States. Mr. Helweg-Larsen suggested that Council members strengthen the message if they could, and pointed out that 72 other cities had done so and that 90 more city campaigns were underway.
Bob Gwyn, representing Elders for Peace, expressed concern about the possibility of war and the precedent that this war would set. He asked for a redress of grievances, not against the Chapel Hill Town Council, he said, but against the government in Washington. Mr. Gwyn remarked that no government can stand without the consent of the people. By passing this resolution, he said, the Council would join citizens in telling the national government to change direction. Mr. Gwyn expressed hope that the County Commissioners would oppose the war as well. He noted that the Democratic Party had approved a resolution opposing the Bush Administration's plans.
Margaret Misch, a long-time peace activist, described Mr. Helweg-Larson as an independent voice in the community. She said that he was one of many who were not part of any peace group but who oppose this war. Ms. Misch expressed support for R-12 and the amendments Council Member Wiggins had proposed. She also expressed concern about an increasing loss of civil liberties resulting from the fight against terrorism.
Dave Lippman gave his support to Council Member Wiggins' proposed amendments. Without those, he said, the resolution is more timid than dozens of resolutions passed by other cities. Mr. Lippman said the first Gulf War had killed 100,000 Iraqis and 269 Americans, according to United States Department of Defense figures. He noted that more Iraqis had died since as a result of United States sanctions. Mr. Lippman stated that another war with Iraq would test weapons and enrich military corporations at the expense of schools, streets, and the right of the people in the United States and Iraq to have three square meals a day.
Ann Powers, representing the Women's International League for Peace and Freedom, stated that war is never a solution. She thanked the Council for preparing R-12, and she highlighted the section that states "an attack on Iraq, if it is taken without exhausting all diplomatic avenues of resolution and without the support of allies in Europe and the Middle East, could further destabilize the volatile situation that now exists in the region and inspire further terrorist attacks in the United States." Ms. Powers said she was concerned because the Bush Administration seemed unable to make a connection between its march toward war and the increased terrorist threat in the United States and throughout the world. The American people increasingly see that connection, she said, and she thanked the Council for thinking outside the “bomb.”
Sam Baran, a Retired University professor, urged the Council to adopt R-12. He mentioned several crisis spots in the world and described the source of the problem as imperial overreach. Mr. Baran noted that there had been no solid answer to the question of whether Iraq was a threat to the United States. With 100,000 or so troops in that part of the world, he asked who is threatening whom? Noting that President Bush had been saying time is running out and the game is over, Mr. Baran argued that this was true only for those who plan to invade Iraq. What is there to be lost by giving the weapons inspectors more time, he asked. If Iraq is a threat to the United States, how can anyone say it is an imminent threat? Mr. Baran said he had not spoken to one person over the past six months who favored war against Iraq.
Judson Van Wyk explained that he had lived in Chapel Hill for 47 years and had never participated in an activist group. Now, he said, he is terrified. Mr. Van Wyk stated that Osama Bin Laden would join the United States cabinet if he had a plan to polarize against the United States and foment his goals. He expressed concern over the lack of national leadership, but the groundswell of common people will be heard through city councils. Mr. Van Wyk stated that by adopting R-12 the Council would participate in reversing the disastrous course the country is on.
Etta Pisano agreed with other speakers that R-12 was not strong enough. She noted the similarities between Iraqis and average people in the United States, and spoke against the plan to use bombs against the people of Iraq.
Council Member Kleinschmidt suggested amending the section saying "who serve or have family members…" to say "who serve, and the lives of family members and friends of Chapel Hill residents who serve…"
COUNCIL MEMBER KLEINSCHMIDT MOVED R-12 AS AMENDED WITH HIS AND COUNCIL MEMBER WIGGINS’ SUGGESTIONS. COUNCIL MEMBER VERKERK SECONDED.
Council Member Wiggins also asked to delete "before invasion of Iraq" from the title. Council Member Kleinschmidt accepted that as a friendly amendment.
Council Member Strom asked to add "regarding Iraq" to the title, and Council Member Kleinschmidt accepted that as well.
Mayor pro tem Evans mentioned an email from former Council Member Art Werner regarding a prior situation when the Council had been asked to receive a petition on a national issue. She said that she felt as though she did not have enough information to make a public decision on a national issue. Mayor pro tem Evans stated that the resolution, as first written, represented a broader segment of the community, noting that the Council had received emails from all sides. She said that she preferred to either abstain or not take action on this issue at all.
Mayor Foy agreed that the Council should discuss establishing a policy for its actions on national and international issues. He expressed willingness to support R-12 as drafted, but not as amended. Mayor Foy explained that R-12 was a balanced reflection of what he had heard from citizens. Although he respected the Council's right to change the resolution, he said, he would not support it as amended.
Council Member Harrison agreed that the Town needed a better set of guidelines. However, the Council did have a good sense that there was a lot of sentiment in the community against going to war, he said.
Council Member Kleinschmidt argued that the process does work, and that this was one of the tools available to people to create change in government. He expressed respect for Mayor Foy's and Mayor pro tem Evans's viewpoints, but added that he did not think there was anything wrong with the process.
Council Member Strom quoted the expression "all politics is local" and argued that it was important for the Council to adopt R-12 and send a message regarding the Town's values. He said he was convinced that this is a local issue because war with Iraq would erode federal subsidies for transportation, health care and housing to a greater degree than this Administration had already done.
Mayor Foy explained that he is not willing to sit at a table of nine people, who have different opinions about what should go on in this community, and delete a reference to the United Nations, where nations sit around and discuss what is best for the world. He described it as hypocritical for the Council to not approve language that says it supports the United Nations diplomatic efforts to ensure Iraq's full compliance with its resolution. To presume that the United Nations is not the appropriate forum for the United States and all of the other nations to come to some kind of conclusion is wrong, said Mayor Foy.
Several Council members pointed out that the reference to the United Nations would remain. Mayor Foy realized that he had misunderstood what was being deleted but stated that he still objected. He expressed admiration and respect for people who do not believe in war under any circumstances but said that he was not willing to support a resolution saying that.
Council Member Kleinschmidt said that he never intended to move a "no war under any circumstances" resolution and that he hoped someone would amend his amendment if that is what it says.
Mayor Foy asked why the last sentence had been deleted.
Council Member Ward suggested replacing that section with the following: "…and to seek United Nations Security Council approval for military action under international law."
Mayor Foy agreed with that, but Council Member Kleinschmidt explained that he saw R-12 as a stated preference for diplomatic efforts rather than war and for working with the United Nations to ensure Iraqi compliance.
Council Member Ward offered a friendly amendment to reinstate the deleted section in the last sentence. Council Member Kleinschmidt refused to accept that, arguing that doing so would turn it into a when war is appropriate statement rather than a call for diplomatic efforts.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO AMEND R-12. THE MOTION WAS ADOPTED 6-3, WITH MAYOR FOY AND COUNCIL MEMBERS BATEMAN, EVANS, HARRISON, VERKERK AND WARD VOTING AYE, AND COUNCIL MEMBERS KLEINSCHMIDT, STROM AND WIGGINS VOTING NAY.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-12 AS AMENDED TO CHANGE THE TITLE, OMIT THE WORD "UNILATERAL," CORRECT THE SECTION ABOUT FAMILIES, AND LEAVE THE LAST LINE AS IT WAS. THE MOTION WAS ADOPTED 8-1 WITH MAYOR FOY AND COUNCIL MEMBERS BATEMAN, EVANS, HARRISON, KLEINSCHMIDT, STROM, VERKERK AND WARD VOTING AYE, AND COUNCIL MEMBER WIGGINS VOTING NAY.
A RESOLUTION IN SUPPORT OF EXHAUSTING ALL DIPLOMATIC EFFORTS REGARDING IRAQ (2003-02-10/R-12)
WHEREAS, the United States is one nation among a community of nations and has agreed to certain conventions of international law including the United Nations Charter, which compels its members to “settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered,” and
WHEREAS, this Council, like all Americans, strongly believes that a central obligation of the federal government is to protect our national security. But we believe just as strongly that the specific steps taken to discharge that duty must be decided through a democratic process, which democratic process is what Americans strive to protect; and
WHEREAS, an attack on Iraq, if it is taken without exhausting all diplomatic avenues of resolution and without the support of allies in Europe and the Middle East, could further destabilize the volatile situation that now exists in the region, and inspire further terrorist attacks in the United States; and
WHEREAS, the United States needs the moral and strategic support of the United Nations Security Council, the Arab States, and others to eradicate terrorism; and
WHEREAS, the United States Department of Defense has estimated that over 100,000 Iraqis and 269 Americans were killed in the 1991 Gulf War, and that there was also a significant financial cost. These financial and human costs are a testament to the gravity of another war in Iraq; and
WHEREAS, concern over a war in Iraq is a direct concern for local governments throughout this country, at least in part because a war would create serious negative impacts on the availability of adequate funds at the federal, state and local levels for services that could provide real security for our communities, including affordable housing, health care, and quality educational programs; and
WHEREAS, the cost of war will result in ballooning federal deficits that may further erode the already weakened economy; and
WHEREAS, the massive sums required for military engagement could be better spent addressing economic and environmental concerns of local communities throughout the United States; and
WHEREAS, a war with Iraq would put at risk the lives of Chapel Hill residents who serve and the lives of family members and friends of Chapel Hill residents who serve in the United States Armed Forces;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council urges the Administration and our federal representatives to refrain from military action and to support the United Nations’ diplomatic efforts to insure Iraq’s full compliance with United Nations Resolution 1441, and to encourage democracy and respect for human rights in Iraq and all nations, and to obtain the cooperation of key allies in Europe and the Middle East, and to seek United Nations Security Council approval for military action under international law.
BE IT FURTHER RESOLVED that the Council requests that the Town Clerk send copies of this resolution to President George W. Bush, U.S. Senators John Edwards and Elizabeth Dole and U.S. Representative David Price.
This the 10th day of February, 2003.
Council members agreed by consensus to excuse Council Member Verkerk from the remainder of the meeting.
Item 7 - Resolution Authorizing Potential Legislative
Topics for Discussion
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-9. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING POTENTIAL TOPICS FOR DISCUSSION WITH THE ORANGE COUNTY LEGISLATIVE DELEGATION ON FEBRUARY 17, 2003 (2003-02-10/R-9)
WHEREAS, the Council of the Town of Chapel Hill is preparing a list of topics for discussion with the Orange County Legislative Delegation; and
WHEREAS, the Council will seek enabling legislation to undertake various projects throughout the year; and
WHEREAS, the Council will meet with Legislators at the Sheraton Chapel Hill Hotel on February 17 to discuss these and other matters of interest;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the following proposed topics for discussion as part of the Legislative Breakfast Meeting at 7:30 a.m., February 17, 2003, at the Sheraton Chapel Hill Hotel:
· Common Funding Source for Transportation Infrastructure Needs
· Equity of Funding for Orange County within Highway Division 7
· Funding Mechanism to Convert Overhead Power Distribution Lines to Underground Lines
BE IT FURTHER RESOLVED that the Council may wish to seek further advice on ways to:
· Provide Increased State Staffing for Sedimentation and Erosion Control Enforcement.
This the 10th day of February, 2003.
Item 9 - Schools Adequate Public Facilities - Addendum to
Memorandum of Understanding and Model Ordinance
Orange County Commission Chair Margaret Brown stated that the Commissioners were committed to their capital improvement plan for schools. She presented a brief overview of the proposed addendum.
Mayor pro tem Evans asked if this addendum would lead to a moratorium. Commissioner Brown replied that the County Attorney had said it would not. She noted that page 33 listed projections for Chapel Hill and there would be another set of projections on February 15, 2004. Ms. Brown said that the Commissioners were suggesting that everyone adopt the ordinance by February 15, 2003.
Mayor Foy noted that projections were speculative and that concrete numbers would be available once there is an actual count. That could change all the projections for the future, he said.
Mayor pro tem Evans pointed out that student membership could move the County into a moratorium even though the projections do not. She asked if the County had set money aside for a new high school so that the 1,500 students discussed in Item #6 would have a school. Commissioner Brown replied that the projections for 1,500 students extended out to year 2012. The argument that 1,500 were coming into the schools in the next few years was not accurate according to projections, she said. Commissioner Brown reported that there were 75 students over capacity at each of the two high schools. Regarding capital funding, she said the County had funds in place for two elementary schools, one high school for the Chapel Hill/Carrboro system, and a middle school for the Orange County system.
Commissioner Brown referred to the school capacity section on page 30 of the materials, which showed 800 available elementary spaces and almost 400 available high school spaces in the County system. She remarked that the County Commissioners do fund schools well, but it has been difficult to keep up with demand in Chapel Hill.
Chapel Hill-Carrboro Chamber of Commerce Director Aaron Nelson corrected an error on page 30, changing a figure from 105% to 110% level of service. He said the Tischler model had shown that in 2004 the schools would be 110% over capacity and there would be a moratorium. Mr. Nelson expressed continuing support for connecting school growth with growth in housing. He said Chamber members continued to worry that the Schools Adequate Public Facilities Ordinance (SAPFO) has the potential to drive housing costs up and would be an abdication of local growth control to the County Commissioners. Mr. Nelson added that Chamber members also worry about competition between Chapel Hill and Carrboro and hoarding by UNC. He recommended that the Council raise levels of service for 2004, with elementary schools staying at 105, middle schools increasing from 107 to 110, and high schools going from 110 to 120.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ENACT O-1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REGARDING THE ADEQUACY OF PUBLIC SCHOOL FACILITIES (2003-02-10/O-1)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Land Use Management Ordinance regarding adequacy of schools and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. A new Section to the Chapel Hill Land Use Management Ordinance is hereby enacted to read as follows:
“5.16 - ADEQUATE PUBLIC SCHOOL FACILITIES
5.16.1 Intent and Scope
The purpose of this article is to ensure that, to the maximum extent practical, new residential development occurring in the Orange County portion of Chapel Hill’s zoning/subdivision regulation jurisdiction will be approved only when it can reasonably be expected that adequate public school facilities will be available to accommodate such new development. This article shall apply in those portions of the Town of Chapel Hill and its zoning jurisdiction in Orange County.
5.16.2 Findings and Purposes
The Town Council does hereby find that:
a) The portion of Orange County served by the Chapel Hill/Carrboro school system has for the past decade been experiencing rapid growth in population; and
b) This rapid growth, and that which is anticipated, creates a demand for additional school facilities to accommodate the children who reside within new developments; and
c) The responsibility for planning for and constructing new school facilities lies primarily with the Chapel Hill/Carrboro School Board, with funding provided by Orange County; and
d) Chapel Hill, Carrboro, Orange County and the Chapel Hill/Carrboro School Board have recognized the need to work together to ensure that new growth within the School District occurs at a pace that allows Orange County and the School District to provide adequate school facilities to serve children within such new developments; and
e) To implement the Memorandum of Understanding between Orange County, Chapel Hill, Carrboro, and the Chapel Hill/Carrboro School Board, the Chapel Hill Town Council desires to provide a mechanism to assure that, to the extent possible, new development will take place only when there are adequate public school facilities available, or planned, which will accommodate such new development.
5.16.3 Certificate of Adequacy of Public School Facilities
(a) No application for approval of a subdivision Preliminary Plat Zoning Compliance Permit, Minor Subdivision Final Plat, Zoning Compliance Permit for Site Plan Review, Zoning Compliance Permit for Special Use Permit, or Zoning Compliance Permit for Special Use Permit Modification for a project containing a residential use may be approved unless on the date of such approval there exists a valid and current Certificate of Adequacy of Public School Facilities applicable to the project for which such approval is sought.
(b) A Certificate of Adequacy of Public School Facilities shall not be required for a general use or conditional use rezoning or for approval of a master land use plan. However, if a rezoning or master plan is approved, a Certificate of Adequacy of Public School Facilities will be required before any residential development of the property is authorized pursuant to any of the approvals specified in subsection (a) of the section, and the rezoning of the property or approval of a master plan provides no indication as to whether the Certificate of Adequacy of Public School Facilities will be issued. The application for rezoning or master plan approval shall contain a statement to this effect.
(c) A Certificate of Adequacy of Public School Facilities must be obtained from the School District. The School District will issue or deny a Certificate of Adequacy of Public School Facilities in accordance with the provisions of a Memorandum of Understanding between Chapel Hill, Carrboro, Orange County, and the Chapel Hill/Carrboro School District.
(d) An applicant shall seek from the School District a Certificate of Adequacy of Public School Facilities for a proposed residential development before an application for approval of a Zoning Compliance Permit for a subdivision Preliminary Plat application, Minor Subdivision Final Plat, Zoning Compliance Permit for a Site Plan Review application, Zoning Compliance Permit for a Special Use Permit or Zoning Compliance Permit for a Special Use Permit Modification is submitted to the Town. The Certificate of Adequacy of Public School Facilities, if issued, shall expire as provided in Section 16.5.
(e) A Certificate of Adequacy of Public School Facilities attaches to the land in the same way that development permission attaches to the land. A Certificate of Adequacy of Public School Facilities may be transferred along with other interests in the property with respect to which such Certificate of Adequacy of Public School Facilities is issued, but may not be severed or transferred separately.
5.16.4 Service Levels
As provided in the Memorandum of Understanding between Orange County, Chapel Hill, Carrboro, and the Chapel Hill/Carrboro School District, adequate service levels for public schools shall be deemed to exist with respect to a proposed new residential development if, given the number of school age children projected to reside in that development, and considering all the factors listed in the Memorandum of Understanding, the number of students projected to attend the elementary schools, the middle schools, and the high school[s] within the Chapel Hill/Carrboro School District will not exceed the following percentages of the building capacities of each of the following three school levels:
elementary school level 105%
middle school level 107%
high school level 110%
For purposes of this article, the term “building capacity” means the capacity of permanent buildings, not mobile units or trailers, and shall be determined as provided in the Adequate Public School Facilities Memorandum of Understanding among the Towns of Chapel Hill and Carrboro, and Orange County and the Chapel Hill/Carrboro Board of Education.
These percentages are currently in the Memorandum of Understanding. These percentages may be adjusted by mutual agreement of parties to the Memorandum of Understanding by an amendment thereto.
5.16.5 Expirations of Certificates of Adequacy of Public School Facilities
(a) A Certificate of Adequacy of Public School Facilities that has been obtained pursuant to Subsection 16.3(d) before an application for approval of a subdivision preliminary plat, minor subdivision final plat, site plan, special use permit or special use permit modification has been submitted shall expire unless the developer submits and the Town accepts as complete an application for approval of that subdivision preliminary plat, minor subdivision final plat, site plan, special use permit or special use permit modification within ninety (90) days of the date of the Certificate of Adequacy of Public School Facilities and receives the requested approval within two (2) years of the date of the Certificate of Adequacy of Public School Facilities.
(b) A Certificate of Adequacy of Public School Facilities issued in connection with approval of a subdivision preliminary plat, minor subdivision final plat, site plan, special use permit or special use permit modification shall expire automatically upon the expiration or such plat, plan, or permit approval.
5.16.6 Exemption From Certification Requirement for Development with Negligible Student Generation Rates
A Certificate of Adequacy of Public School Facilities shall not be required under the following circumstances:
(a) For residential development permanently restricted to dormitory-style housing for university students.
(b) For a residential development permanently restricted by law and/or covenant to housing for the elderly and/or adult care living and/or adult special needs.
5.16.7 Applicability to Previously Approved Projects and Projects Pending Approval
(a) Except as otherwise provided herein, the provisions of this article shall apply to applications for approval of subdivision preliminary plat, site plans, special use permit, and special use permit modification that are submitted for approval after the effective date of this article.
(b) The provisions of this article shall apply to subdivision preliminary plats, site plans, special use permits and special use permit modifications that have expired.
(c) The provisions of this article shall not apply to minor changes to subdivision preliminary plat, site plan, special use permit, or special use permit modification approvals issued prior to the effective date of this article so long as the approvals have not expired and the proposed minor changes do not increase the number of dwelling units authorized within the development by more than five (5%) percent or five (5) dwelling units, whichever is less.
(d) The Town Council shall issue a special exception to the Certificate of Adequacy of Public School Facilities requirement to an applicant whose application for approval of a subdivision preliminary plat, minor subdivision final plat, site plan, special use permit or special use permit modification covering property within a planned development or master plan project that was approved prior to the effective date of this article, if the Town Council finds, after an evidentiary hearing, that the applicant has (1) applied to the School District for a Certificate of Adequacy of Public School Facilities and the application has been denied, (2) in good faith made substantial expenditures or incurred substantial binding obligations in reasonable reliance on the previously obtained preliminary plat approval, planned development or master plan approval, and (3) would be unreasonably prejudiced if development in accordance with the previously approved development or plan is delayed due to the provisions of this ordinance. In deciding whether these findings can be made, the Town Council shall consider the following, among other relevant factors:
(1) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities which were designed to serve or to be paid for in part by the development of portions of the preliminary plat, planned development or master planned project that have not yet been approved for construction;
(2) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities that directly benefit other properties outside the development in question or the general public;
(3) Whether the developer has donated land to the School District for the construction of school facilities or otherwise dedicated land or made improvements deemed to benefit the School District and its public school system;
(4) Whether the developer has had development approval for a substantial amount of time and has in good faith worked to timely implement the plan in reasonable reliance on the previously obtained approval;
(5) The duration of the delay that will occur until public school facilities are improved or exist to such an extent that a Certificate of Adequacy of Public School Facilities can be issued for the project, and the effect of such delay on the development and the developer.
The decision of the Town Council is subject to review by the Orange County Superior Court by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within thirty (30) days after a written copy of the decision of the Town Council is delivered to every aggrieved party who has filed a written request for such copy with the Clerk to the Town Council at the time of its hearing on the application for a special exception. The written copy of the decision of the Town Council may be delivered to the aggrieved party either by personal service or by certified mail, return receipt requested.
The Mayor of the Town or any member temporarily acting as Mayor may, in his or her official capacity, administer oaths to witnesses in any hearing before the Town Council concerning a special exception.
5.16.8 Appeal of School District Denial of a Certificate of Adequacy of Public School Facilities
The applicant for a Certificate of Adequacy of Public School Facilities which is denied by the School District may, within thirty (30) days of the date of the denial, appeal the denial to the Town Council of Chapel Hill. Any such appeal shall be heard by the Town Council at an evidentiary hearing before it. At this hearing the School District will present its reasons for the denial of the Certificate of Adequacy of Public School Facilities and the evidence it relied on in denying the Certificate of Adequacy of Public School Facilities. The applicant appealing the denial may present its reasons why the Certificate of Adequacy of Public School Facilities application should have, in its view, been approved and the evidentiary basis it contends supports approval. The Town Council may (1) affirm the decision of the School District, (2) remand to the School District for further proceedings in the event evidence is presented at the hearing before the Town Council not brought before the School District, or (3) issue a Certificate of Adequacy of Public School Facilities. The Town Council will only issue a Certificate of Adequacy of Public School Facilities if it finds that the Certificate of Adequacy of Public School Facilities Certificate of Adequacy of Public School Facilities should have been issued by the School District as prescribed in the Memorandum of Understanding among the School District, Orange County and Chapel Hill. A decision of the Town Council affirming the School District may be appealed by the applicant for a Certificate of Adequacy of Public School Facilities by proceedings in the nature of certiorari and as prescribed for an appeal under Section 16.7(d) of this article.
5.16.9 Information Required From Applicants
The applicant for a Certificate of Adequacy of Public School Facilities shall submit to the School District all information reasonably deemed necessary by the School District to determine whether a Certificate of Adequacy of Public School Facilities should be issued under the provisions of the Memorandum of Understanding between Chapel Hill, Orange County, and the School District. An applicant for a Certificate of Adequacy of Public School Facilities special exception or an applicant appealing a Certificate of Adequacy of Public School Facilities denial by the School District shall submit to the Town Council all information reasonably deemed necessary by the Town Manager to determine whether a special exception should be granted as provided in Section 16.7(d) of this article or for the hearing of an appeal of a School District denial of a Certificate of Adequacy of Public School Facilities as provided in Section 16.8 of this article. A copy of a request for a Certificate of Adequacy of Public School Facilities special exception or of an appeal of a School District denial of a Certificate of Adequacy of Public School Facilities shall be served on the superintendent of the School District. Service may be made by personal delivery or certified mail, return receipt requested.”
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That this ordinance shall become effective upon adoption of similar regulations by Carrboro and Orange County, upon adoption of a Memorandum of Understanding by Carrboro, Orange County and the School District, and upon certification by the School District of adequate school capacity.
This the 10th day of February, 2003.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-11. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION APPROVING AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING TO ESTABLISH AN ADEQUATE PUBLIC SCHOOL FACILITIES ORDINANCE (2003-02-10/R-11)
WHEREAS, the Chapel Hill Town Council has been working with the Carrboro Board of Aldermen, the Orange County Board of Commissioners, and the Chapel Hill-Carrboro Board of Education to develop a Schools Adequate Public Facilities Ordinance; and
WHEREAS, the Town Council endorsed a Memorandum of Understanding on February 8, 2002, that would establish roles and responsibilities in implementing an Adequate Public School Facilities Ordinance; and
WHEREAS, the Town Council has considered a proposed addendum to the Memorandum of Understanding proposed by Carrboro (Attachment 4 in the Town Manager’s February 10, 2003 Memorandum to the Town Council);
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the addendum to the Memorandum of Understanding with the condition that parallel language be added to the addendum (Section 9, Paragraph 2) indicating that all parties (Chapel Hill, Carrboro, and the School District) intend to remain committed to the agreement as long as Orange County continues to execute the Capital Improvement Program as agreed in the Memorandum of Understanding.
This the 10th day of February, 2003.
Item 8 - Memorandum of Understanding for Public Transportation Services
Item 8 was deferred to February 24, 2003.
Item 11 - Appointments
a. Greenways Commission. The Council appointed Mary Ann Freedman.
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Council Members |
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Greenways Commission |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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Mary Ann Freedman |
|
X |
|
X |
X |
X |
X |
X |
X |
7 |
||
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Richard Killinsworth |
X |
|
X |
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2 |
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Barry Starrfield |
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- |
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b. Town Operations Center Design Advisory Committee (R-13). The Council appointed Garry Carver, Jan Grossman, and Dale Hammond as neighborhood representatives, Tom Heffner as a Chapel Hill resident, George Cianciolo as the Transportation Board representative, and Scott Radway as the Planning Board representative.
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Council Members |
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Town Operations Center DesignAdvisory Committee |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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Garry Carver (neighbor) |
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X |
X |
X |
X |
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X |
|
5 |
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George Cianciolo (Transportation Board) |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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Jan Grossman (neighbor) |
X |
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X |
X |
X |
X |
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X |
6 |
||
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Dale Hammond (neighbor) |
X |
X |
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X |
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X |
X |
X |
X |
7 |
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Tom Heffner (Chapel Hill resident) |
X |
X |
X |
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X |
X |
X |
X |
X |
8 |
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James Mathewson (Chapel Hill resident) |
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X |
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X |
X |
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X |
4 |
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Scott Radway (Planning Board) |
X |
X |
X |
X |
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X |
X |
X |
X |
8 |
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Ed Scheminger (neighbor) |
X |
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X |
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X |
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X |
4 |
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Item 12—Petitions
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REQUEST A REPORT FROM THE CHAPEL HILL POLICE CHIEF REGARDING THE UNIVERSITY’S EXTENDED JURISDICTION INTO CHAPEL HILL, WITH OUTSIDE AGENCIES SUCH AS SBI OR FBI, WITH NO CHAPEL HILL POLICE PRESENCE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE COUNCIL DIRECT THE MAYOR TO WRITE A LETTER TO MARY BECK AT UNC HEALTHCARE REMINDING HER ABOUT THE AGREEMENT TO ALLOW DISABLED CITIZENS TO BUY PASSES TO USE THE WELLNESS CENTER POOL AT MEADOWMONT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Strom described a letter to the Council from Department of Transportation (DOT) Secretary Lindo Tippett regarding plans for South Columbia Street as confusing. He asked Mr. Horton how it was possible that DOT was unaware of the action the Council had taken on that street. Mr. Horton agreed to try and determine an answer.
Mayor Foy said that many confusing things had happened, and suggested that the Council receive a report at the next meeting. In the meantime, he said, he would send a letter to Secretary Tippett confirming the Council's position. Mayor Foy noted that UNC Hospital's Board of Directors had planned to take a formal position in favor of widening the road. He said that he and Council Member Harrison would press for the Columbia Street preferred option when they talk with the Transportation Advisory Committee (TAC) regarding the draft Transportation Improvement Plan on Wednesday.
Mayor Foy remarked that the situation was more complicated that one can glean from Secretary Tippett's letter. The DOT has one position and we, the TAC, and the Council have another, he said. Mayor Foy added that he and Council Member Harrison would need direction from the Council on how far to go in pushing the matter.
Item 13 - Reserved for Discussion of Consent Agenda Items
4c. Recommended 2003 Streetscape Construction Project
Mayor pro tem Evans wondered why the University had not done its streetscape project in front of the Institute of Arts and Humanities Building. Assistant Town Manager Sonna Loewenthal replied that the University had built streetscape on campus and the Town had not required anything in that location.
Council Member Evans asked how long the streetlights would be delayed. Mr. Horton said that if the Council approves the project the staff had recommended, then they would be able to go ahead with street lighting in that area.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PREPARE WORKING DRAWINGS FOR STREETSCAPE IMPROVEMENTS TO THE SOUTH SIDE OF THE 100 BLOCK OF EAST FRANKLIN STREET FROM UNIVERSITY UNITED METHODIST CHURCH (150) TO MCCORKLE PLACE; DISCUSS CONSTRUCTION PLANS WITH AFFECTED PROPERTY OWNERS AND MERCHANTS; UTILIZE $150,000 OF STREETSCAPE BOND FUNDS FOR THE PROPOSED CONSTRUCTION; AND SCHEDULE CONSTRUCTION TO BEGIN IN MAY 2003 (2003-02-10/R-4)
WHEREAS, the Town Council adopted the Downtown Streetscape Master Plan as part of the Town’s Comprehensive Plan; and
WHEREAS, $150,000 will be available in bond funding to implement a portion of the Streetscape Master Plan; and
WHEREAS, the Council has received a report from the Town Manager recommending that a section of Streetscape on the south side of the 100 block of East Franklin Street that is in poor condition be improved;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to develop detailed working drawings for Streetscape improvements including lighting upgrades at the project location recommended in this report, discuss these improvements with affected merchants and property owners, and schedule construction to begin in May of 2003.
This the 10th day of February, 2003.
4d. Follow-up Report on Kiosk Installation Downtown
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-5. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Regarding 4d, Mayor pro tem Evans noted that she had wanted to propose that two kiosks be put at two different locations Downtown. She and Mr. Horton agreed to delay that item because the staff person needed to address it was not present. Mayor Foy determined that the Council needed to rescind its vote.
COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RESCIND THE VOTE ON R-5. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The meeting adjourned at 11:24 p.m.