SUMMARY MINUTES OF A BUSINESS MEETING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, OCTOBER 10, 2005, AT 7:00 P.M.

Mayor Kevin Foy called the meeting to order at 7:00 p.m.

Council members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Acting Planning Director J.B. Culpepper, Principal Transportation Planner David Bonk, Traffic Engineer Kumar Neppalli, Inspections Director Lance Norris, Senior Code Enforcement Officer Maggie Bowers, Police Chief Gregg Jarvies, Parks and Recreation Director Kathryn Spatz, and Town Clerk Sabrina Oliver.

Item 1 – Ceremonies

1a. Presentation to the Orange County Rape Crisis Center.

Margaret Barrett, Executive Director of the Orange County Rape Crisis Center, noted that her agency had received funding from the Town for many years and thanked the Council for its support. She said that last year they had helped more than 400 people through their 24-hour response service. Ms. Barrett said part of their role was to support victims of sexual violence, noting that such violence could affect anyone and crossed many different boundaries and demographic groups.

Ms. Barrett said that last year they had reached more than 11,000 people through their community education programs. She said in the last couple of years one of their largest initiatives had been the Sexual Assault Response Team, partnered with the Chapel Hill Police Department and many other agencies. Ms. Barrett said they still needed to do more to hold those who commit crimes of sexual violence accountable for their actions.

Ms. Barrett stated that this year they had received a Triangle Access Award for their efforts to make services accessible to people of all abilities. She reminded the Council and the public that April was Sexual Assault Awareness Month. Ms. Barrett also mentioned their annual Holiday Auction.

Mayor Foy asked where the Holiday Auction would be held. Ms. Barrett responded it would be held at the Sheraton Hotel on November 13 at 5:30 p.m. Mayor Foy noted that Ms. Barrett had provided copies of cards with important dates as well as copies of their latest newsletter which could be found in the back of the Chamber for those interested.

Item 2 – Public Hearings: None.

Item 3 – Petitions

3a. Petitions by Citizens

3a(1). Joe Wilbur regarding a Change of Time Limits to Parking on Oteys Road.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER HILL, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(2). Brian Decker regarding the Filling of Vacancies on the Bicycle and Pedestrian Advisory Board.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(3). Julie Vann regarding Consideration of an Integrated Pest Management Plan.

Ms. Vann petitioned the Council to develop and adopt an Integrated Pest Management Plan for the Town and the Parks and Recreation Department. She asked that the plan include plans and provisions to eliminate the use of herbicides in Town parks, soccer fields, greenways and other spaces.

Ms. Vann said the risks of pesticides were not yet fully understood, noting that scientific research indicated that children can be more sensitive to toxic substances as their bodies are growing and developing. She said that pest control technology was such that effective suppression of pest populations could be achieved without regularly scheduled pesticide use or the broadcast application of herbicides or pesticides to open surfaces.

Ms. Vann asked the Council to adopt a policy similar to the one in Carrboro to minimize the risks of pesticide and herbicide exposure to citizens and to the environment using integrated pest management strategies.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(4). Planning Board regarding the Long Range Transit Plan Discussion Paper.

Ruby Sinreich, Chair of the Planning Board, noted two recommendations regarding the Long Range Transit Plan Discussion Paper:

· The Chapel Hill Long Range Transit Plan should be a joint effort between the Town, Carrboro and UNC and include considerations of regional transit connections to Chapel Hill.

· The Town should be proactive about establishing transit-supportive land use patterns rather than simply implementing a transit plan that suits existing uses.

Council Member Verkerk asked if the Planning Board was suggesting that transit plans drives land use plans or that land use plans drive transit plans. Ms. Sinreich said that land uses drive transit use.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER STROM TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(5). Andrea Rohrbacher regarding Engaging in Dialogue with the Triangle Transit Authority (TTA) to Add a Route.

Ms. Rohrbacher requested that the Town explore with TTA the feasibility of an express bus route from the Eubanks Road Park and Ride Lot to the TTA transit station in Research Triangle Park (RTP). She said that currently the routes serving Chapel Hill and the RTP were not convenient for many Chapel Hill residents working in the RTP, noting that currently service from Franklin Street to the RTP transit center takes 45 to 75 minutes depending on the route and stops. Ms. Rohrbacher said added to that time was the transit time to Franklin Street and the shuttle service from the TTA center to the businesses in the RTP.

Ms. Rohrbacher said express service would allow residents in the northwest area of Chapel Hill, along with citizens residing in Carrboro and outside the Town limits, an efficient and public route to commute to the RTP.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(6). Neighborhoods for Responsible Growth (NRG) regarding Collaboration with the Town on a Sustainable Energy Forum.

Michael Collins, representing the NRG, petitioned the Council for the Town's collaboration and support in presenting a public forum on Sustainable Energy. He stated that how any future buildings in Chapel Hill were heated, cooled and powered was an extremely important issue for our community and its neighborhoods. Mr. Collins said that while their primary concern was the reduction of fossil fuel combustion within the Town, reducing dependence on the regional electrical grid was important as well, since it was also powered by fossil and nuclear fuels, each of which have well-known problems and dangers.

Mr. Collins said the goal of the forum would be to specifically address the question of what sustainable energy options were available now which could be used as an energy source for new structures. He said that any future large-scale development within Chapel Hill should consider these options, including and in particular any development by UNC on the Horace Williams tract.

Mr. Collins said the Town might even consider such options as unique components of one or more new zoning categories to be created to encourage sustainable energy use. He said that viable sustainable technologies capable of heating, cooling, and even powering large institutional facilities and offering a short-term payback were not “pie in the sky”, that they exist now and should be integral to all current development planning, particularly in our area with its worsening air quality. Mr. Collins said that as energy costs continue to rise, every conservation component of sustainable energy use would also continue to increase in value. He said that UNC's Carolina North proposal, modeled as a forward-looking research-oriented campus, featured no discussion of such alternatives. Mr. Collins said this was selling our citizens, our community, our nation, and our planet short.’

Mr. Collins stated that NRG had sought and obtained commitments from a number of experts in the field of sustainable energy to participate in a public forum. He said the goal was to present information on these technologies and inject them into the public discussion of energy alternatives for all new Chapel Hill development, including the UNC main campus and on the Horace Williams tract, consistent with the recommendations of the Horace Williams Citizens Committee.

Mr. Collins asked that the Council support this forum. He noted they had checked the Town's calendar and reserved the Council Chamber on January 19, 2006. Mr. Collins said that full attendance by Council would be a strong sign of our community's commitment to get out in front on this issue. He said the NRG looked forward to working with the Town on this project.

Council Member Verkerk said this was important and was something that the Sustainability, Energy, and Environment (SEE) Committee had been talking about. She said that Committee was managing the Energy Bond passed by voters, and she mentioned CRed, a Community Carbon Reduction Project undertaken jointly by the University of North Carolina and the Town. Council Member Verkerk noted that ICLEI would meet in late January. She suggested there might be an interface with that as well.

Council Member Verkerk said the idea of a forum was interested, and she would like to get as many people as possible involved. She said she would like to see the initiatives the Town had already started be integrated into such a forum.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY AND THE SUSTAINABILITY, ENERGY, AND ENVIRONMENT COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Announcements by Council Members.

Council Member Kleinschmidt regarding National Coming Out Day.

Council Member Kleinschmidt announced that October 11 was National Coming Out Day.

Council Member Greene regarding Inclusionary Zoning Task Force Applicants.

Council Member Greene thanked all those who had applied to serve on the Inclusionary Zoning Task Force, noting that appointments would be made to that Committee this evening. She invited any interested citizens to apply if they were interested.

Item 4 – Consent Agenda

Council Member Verkerk pulled item #4b, Response to a Petition Requesting On-Street Parking Restrictions in the Columbia Place Neighborhood.

Council Member Kleinschmidt pulled #4d, Response to a Petition Regarding the Meadowmont Community Association’s Request for Traffic Studies and All-Way Stop Control at Two Intersections in the Meadowmont Neighborhood.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-1, WITH ITEMS #4b AND #4d REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

4b. Response to a Petition Requesting On-Street Parking Restrictions in the Columbia Place Neighborhood.

Traffic Engineer Kumar Neppalli noted that on April 25 the Council had received the petition from the Columbia Place Homeowners Association requesting that the Town study and consider prohibiting on-street parking on one side of all streets in the Columbia Place neighborhood. He stated the petition expressed concerns that existing on-street parking on both sides of the neighborhood streets significantly reduced the available travel lane width and inhibited access to and through the neighborhood by emergency and routine service vehicles. Mr. Neppalli stated that the Town’s Fire Department had expressed similar concerns.

Mr. Neppalli noted that the Engineering Department had distributed 51 survey forms to residents and 33 were returned. He said that only 65 percent of the residents responded and the results were divided. Mr. Neppalli said they believe that access to emergency and routine service vehicles was important, and that restricted travel lane widths would be a recurring problem in this neighborhood with the existing on-street parking regulations. He noted that all residents have off-street parking available on their property.

Mr. Neppalli said their conclusion was that prohibiting on-street parking on one side of all streets in the Columbia Place neighborhood would provide for adequate access to and through the neighborhood at all times for emergency and routine service vehicles. He said they also believe that the remaining off-street parking would be adequate for residents and their guests. Mr. Neppalli said if the Council enacted the proposed ordinance, staff would monitor on-street parking in the neighborhood and implement periodic enforcement if necessary.

Council Member Verkerk said she had received a call from a citizen who expressed concern that mail delivery was being delayed due to the delivery person’s inability to access mailboxes. She said the residents may need to cluster mailboxes at one end of the street or some other alternative. Mr. Horton suggested they could work with the Homeowners Association to find a solution.

Steve Tyler, a member of the Homeowners Board, said they agreed with the Traffic Engineer that there would be sufficient parking for residents and guests if on-street parking was limited to one side only.

JoAnn O’Connell asked that the Council delay making a decision on the issue this evening. She said that removing parking may create a bigger problem for homeowners, noting it would result in the loss of 66 parking spaces.

Ms. O’Connell said she had received the survey form, filled it out, and returned it to the Town. She said this issue was then placed before the Council without any notice to the homeowners regarding the results of the survey or what the Town’s intentions were. Ms. O’Connell said that because the survey results were divided, if a decision were made tonight it would be based on inconclusive data.

Ms. O’Connell asked that more time be given for the homeowners to understand what the issues were and to identify other resolutions to the problems. She said the Council was “moving too fast.” Ms. O’Connell noted they had renters in their neighborhood, and she believed an underlying issue may be an effort by some homeowners to force the renters out. She said that should not be what this was all about.

Mark Cares agreed with Ms. O’Connell’s remarks. Regarding access for emergency vehicles, he said that concern had been expressed two years ago, and as a result certain curbs were painted yellow, parking permits were issued, and they no longer had that concern. Mr. Cares said that indicated that some may have a different agenda. He added he had never had a problem receiving his mail.

Scott Kovens said he was the builder/developer of Columbia Place as well as a resident, and today he had gone out and measured the width of particular streets with an SUV parked on either side. He said in one place there was 14’ of access, in another 13’3” of access. Mr. Kovens said he then visited the Fire Department and measured the width of the trucks, which were 8 feet from wheel to wheel.

Mr. Kovens said that access was a concern if an emergency vehicle were to encounter oncoming traffic. He said if someone were to open their car door when a fire truck passed they might lose it, but there was sufficient room for a fire truck to pass when vehicles were parked on both sides of the street.

Mr. Kovens said he believed that many of the residents felt “blindsided” by the way this proposal had come about. He asked that this proposal be tabled and that more discussion take place with the Fire Department and the Traffic Engineer before a decision was made by the Council.

Dan Piergallini said he was a renter in the Columbia Place neighborhood, and agreed that many of the residents felt blindsided by the way this issue had come before the Council. He said from a tenant’s perspective, this did seem to be an issue of renter versus homeowner. Mr. Piergallini said that restricting parking would result in restricting the number of renters, since up to four people may live in a unit with each having a vehicle. He said no foresight had been given to where these renters would park their cars if 66 parking spaces were removed.

Mr. Piergallini asked that the Council table this issue until a more conclusive survey was conducted and more residents could be heard from.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER THE ISSUE BACK TO THE STAFF TO GET COMMENTS FROM RESIDENTS OF COLUMBIA PLACE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

4d. Response to a Petition Regarding the Meadowmont Community Association’s Request for Traffic Studies and All-Way Stop Control at Two Intersections in the Meadowmont Neighborhood.

David Hill, Manager of the Community Association in Meadowmont, stated that on September 12 they had petitioned the Town to:

1) Conduct traffic studies and develop a traffic calming plan for the entire Meadowmont community.

2) Install all-way stop control at the Pinehurst Drive/Faison Road intersection and at the Old Barn Lane/Sprunt Street intersection.

3) Establish “no parking anytime” adjacent to the Pinehurst Drive/Faison Road intersection.

4) Install a striped crosswalk and signs near the playground on Old Barn Lane.

Mr. Hill encouraged the Council to proceed with the four areas outlined in the petition, noting they had particular concern that traffic studies be performed and that a traffic calming plan be developed for the entire Meadowmont community.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, ENACTMENT OF ORDINANCE O-2a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, ENACTMENT OF ORDINANCE O-2b. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 – Information Reports

Regarding #5b, Report on Nuisance Complaint Regarding 720 Lea Court, Inspections Director Lance Norris noted that a citizen had filed a complaint on September 4 with the Police Department regarding the presence of human waste in a bucket and the depositing of that waste in the backyard. He said on September 11 the Inspections Department received a letter of complaint from a complainant noting debris, rodents, stagnant water, decaying fruit and vegetables, and buckets containing human waste. Mr. Norris said additional complaints were received from two others residents. Mr. Norris noted that one of the residents had raised the same complaints about this property on September 8.

Mr. Norris said the Inspections Department had visited the property on September 9 and scheduled an inspection with the owner for September 12. During the September 12 inspection, he said, the homeowner was informed of violations to Section 9-114 of the Town Code that regulated the condition of private property yards. Mr. Norris said that during the September 9 and September 12 inspections, no rodents, rotten material, waste or offensive odors were found.

Mr. Norris said the property owner was given until October 17 to come into compliance with Section 9-114 of the Town Code. He said if the property remained in violation after October 17, the owner would be assessed $50 per day until the property was brought into compliance.

Mr. Norris noted that Mr. Ron Holdway, the Environmental Health Director with the Orange County Health Department, and Police Chief Gregg Jarvies were present to answer questions regarding their investigations into this issue if necessary.

Mr. Holdway stated they had received a complaint in early September regarding this issue, and two of their inspectors visited the property on September 15. He said although there was a lot of solid waste and debris, they did not identify any human waste or improper disposal of human waste. Mr. Holdway said they did notice one problem with the collection of rainwater, and although it was not regulatory they did advise the owner of how to minimize mosquito-breeding potential.

Thomas Cox, a resident of Lea Court, said he wanted to alert the Council about a public health hazard at 720 Lea Court, his next-door neighbor. He stated that on September 4 he had noticed a strong odor of decay and attempted to locate its source. Mr. Cox said he traced it to the yard of 720 Lea Court, noting that the owner was not home. He said he entered the backyard to investigate, and found a bucket containing human feces on the back porch and used toilet paper scattered about the yard. Mr. Cox said he called 911 because he wanted a public record of what he had found.

Mr. Cox stated that he was shocked when the police informed him that what he had found was not a violation of any law. He said although he knew he was living in a public health hazard, the police officers acted as if it was “not worth the time.” Mr. Cox said the next day his wife observed the owner emptying the contents of that same bucket into the yard and covering it with a shallow layer of dirt.

Mr. Cox said they had tried many times to get help with this situation, but were not able to do so. He repeated to the Council, “We need your help.”

Kirk Osborn, a resident of Lea Court, said they had complained many times since 2002 about the condition of the property at 720 Lea Court. He said they had witnessed the owner retrieving items others had placed at the curb for Town pick-up and storing it in her yard. Mr. Osborn said he had put out at the curb an old sewer pipe he had found at the back of his property and a day later it was in the yard at 720 Lea Court. He said that yard was filled with junk, and he had been complaining for three years about it.

Mr. Osborn said he had observed large rodents coming from that property, and had put up a fence so that they didn’t have to see it every day. He said that rodents and snakes coming from that property had managed to get under his fence. Mr. Osborn said as Mr. Cox had mentioned, the owner was disposing of her own waste in her yard; they had witnessed her burying it. Mr. Osborn said when the Inspections Department had inspected the property they did not bother to ask the neighbors the location of where they had observed the waste being buried.

Mr. Osborn stated that one of his neighbors had called him to ask about the installation of a water main, because she had contracted a human fecal-born parasite. He said she had eliminated every possible source of her acquiring that, and when she was told about what they had witnessed at 720 Lea Court across the street from her home, the neighbor had concluded that that was the only possible source from which she could have acquired the parasite. Mr. Osborn said the woman had been sick for five weeks, lost two weeks of work, and had to be hospitalized twice.

Mr. Osborn stated that something must be done about this property. He said that many children play in the neighborhood, and they were flirting with disaster. Mr. Osborn said the owner must be made to clean up her property, to stop of disposing of human feces, and to clean up the feces that had already been disposed of.

Mayor Foy said it appeared that there was a serious problem with this property, and asked the Manager if there was a way to deal with this outside of the usual ordinance process. He said it appeared that there may be a public health issue given what Mr. Osborn had said about the neighbor who had become ill. Mayor Foy said they may want to take firmer action than they had taken so far. Mr. Horton responded that they had asked for the assistance of the Orange County Health Department, and they had been unable to find any violation of health ordinances. He said the only violation the Town had noted was with the storage of debris on the property. Mr. Horton said one possibility may be that residents could be subpoenaed to testify in court, and asked Town Attorney Ralph Karpinos to respond to that.

Mr. Karpinos said the neighbors could initiate their own legal proceedings. He said if the Town determined there was cause to charge the property owner with a crime they could do that, or they could file a civil suit against her and subpoena the neighbors to court. Mr. Karpinos said another option was the neighbors could instigate their own legal action as well.

Mayor Foy asked if they could have Mr. Karpinos confer with the neighbors regarding the type of actions that might be considered. Mr. Horton said he believed that might be worthwhile, and they would be glad to assist the neighbors in that regard.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER GREENE, THAT THE TOWN ATTORNEY CONFER WITH NEIGHBORS OF 720 LEA COURT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Information Reports were accepted as presented by consensus of the Council.

Item 6 – Follow-Up Report on Bicycle and Pedestrian Feasibility

Study for Old Durham-Chapel Hill Road

Senior Transportation Planner/Long Range Planner David Bonk noted that on September 19 the Council held a public forum on the Draft Bicycle and Pedestrian Corridor Study for Old Durham-Chapel Hill Road between US 15-501 in Chapel Hill and New Hope Creek in Durham. He said that the results of the consultant’s study proposed that a series of bicycle and pedestrian improvements be undertaken which would involve the provision of bicycle lanes as well as sidewalks on both sides for the length of the corridor.

Mr. Bonk noted that comments and concerns had been raised during the public forum, and those remarks had been responded to in the Council’s memorandum. He noted that there was one issue that may have been confusing regarding the stages of the project and then the options within the project. Mr. Bonk explained that the study identified two possible phases for implementing the project, and that within Phase I there were three possible options. He stated that Option 1 was the preferred option of the Town, which was to undertake the full range of bicycle and pedestrian improvements from US 15-501 to the New Hope Creek Greenway.

Mr. Bonk said with regard to the budget for the project, two sources of funding had been secured. The first, he said, was the Surface Transportation Program - Direct Allocation (STP-DA) Fund of which $1.2 million in federal money had been secured and required a 20% local match at $300,000 for a total of $1.5 million. Mr. Bonk said they anticipate that Chapel Hill and Durham would split that local match based on proportionality of the corridor, estimated at 60% Durham and 40% Chapel Hill, amounting to approximately $120,000 for Chapel Hill. He said secondly, they had secured an allocation from the NC Bicycle Program for $400,000, making the total funding approximately $1.9 million.

Mr. Bonk said the consultant estimated that the cost of Option 1 would cost approximately $1.9 million for construction only. In addition, he said, we would need to purchase right-of-way along the entire corridor, which would result in about $375,000 in additional cost. Mr. Bonk said it was clear that the urban area would need to secure funding above the $1.9 million to pursue the full set of improvements including construction, right-of-way purchase, and design work related to that project.

Mr. Bonk said the resolution before the Council and recommended for adoption would endorse the Old Durham-Chapel Hill Road Feasibility Study and state a preference for Option 1 which would provide the full set of improvements along the corridor from US 15-501 to the New Hope Creek Greenway. He noted that the resolution would also request the Durham-Chapel Hill-Carrboro Transportation Advisory Committee to seek additional funding for the project.

Jeremy Raw said he lived in Chapel Hill and worked in Durham, and rode his bike to work a couple of times a month on the Old Durham-Chapel Hill Road. He said he was in favor of the improvements, noting he would like to see the section between Pope Road and Garrett Road receive special attention as this was the most congested section and the most dangerous for pedestrians and bicyclists. Mr. Raw said by ending the project at New Hope Creek, it would leave about half a mile of dangerous roadway up to Garrett Road unimproved.

Mr. Raw requested that to the extent possible, the Town find a way to extend the project through the heavily congested area up to Garrett Road. He commended the Bicycle and Pedestrian Advisory Board for recognizing there was a cost-saving option here for doing wide lanes rather than bike lanes on this corridor, and asked the Council to consider that.

Council Member Harrison said he agreed with Mr. Raw, noting this corridor was the worst place he had ever ridden a bicycle. He asked the Mayor if he believed this would be sorted out by the Transportation Advisory Committee (TAC), noting that Durham may have a slightly different understanding of this project. Mayor Foy said he believed it depended on who had got the STP-DA fund allocation, noting that would be handled by the TAC, but he believed that Chapel Hill’s input was important in that if we want this project we have to come up with our share of the money. He said if another portion gets built that was not in Chapel Hill, then we would not contribute to that.

Council Member Harrison said that the option mentioned by Mr. Raw regarding the construction of wide lanes rather than bike lanes would save Chapel Hill money. He noted that sidewalks were clearly lacking in that area and were clearly a need. Council Member Harrison said if we wanted Chapel Hill to benefit from this project, then we needed to endorse an option that benefited the section in Chapel Hill. He said that Option 1 most clearly benefited Chapel Hill, noting it would cost us some money but that could be funded through bond funds.

Council Member Ward said it seemed that the Durham City Council would most likely pick a different option that put the money in the eastern Durham portion of the project. He asked how that got rectified if that happened, asking would it be determined by the TAC and would it then come back to the Council. Council Member Ward also asked what the prospects were for the additional $1 million needed to fund the remainder of the project as envisioned. Mr. Bonk responded that this would have to be worked out by the TAC, as Durham may very well endorse the eastern portion of the project.

Mr. Bonk said the project was structured in such a way that when Option 1 was done, we would not simply forget about it but would have to work to obtain additional funding to make the improvements in Durham. Mr. Bonk said that lead into the second question regarding where we were going to obtain the funding. He said we would pursue additional funding from the NC Bicycle Program. Mr. Bonk said we also had the option of going back to the STP-DA fund, noting money was available for allocation in future years.

Mr. Horton said he believed there would be a negotiation with Durham, and the venue for that would be the TAC.

Council Member Kleinschmidt noted that the recommendations by the two jurisdictions were predictable, that Chapel Hill would recommend improvements on its side of the project and Durham would do the same on its side. He asked what the likely outcome would be when such a loggerhead was reached. Mayor Foy responded that it would come down to the money. He said that just because the STP-DA funds were available did not mean you could take it. Mayor Foy said if someone had taken funds in the past, then it was someone else’s turn to take them.

Mayor Foy said it was important for the Town to say that this was what we wanted, and we were willing to put up our share of the money. He said if both Durham and Chapel Hill say they want to proceed, then the technical staff would analyze the project and come forward with a recommendation.

Council Member Kleinschmidt said given the limited amount that was available, the ultimate solution may be something much less than our Option 1 recommendation. Mayor Foy replied that Option 1 could be broken down into Option 1a, 1b, etc. and become something different. He said it was important to remember this was a starting point.

Mr. Horton said it was important to note that future years meant future funding, and often when the negotiation was at the TAC level, the negotiation was how to cobble together a longer-range program that would meet everyone’s need. Mr. Horton said if we could reach agreement with Durham on what the ultimate aim was, then usually we have been able to find a way to stage things to get it all done in a reasonable way without offending anyone’s sense of schedule.

Council Member Kleinschmidt said the whole idea of a negotiation seemed farcical to him, since our recommendation and Durham’s recommendation were predictable.

Mayor Foy said he did not agree that Durham’s position was predictable, because our Manager was saying we had the money, but their manager may not say that. He said if Durham’s manager were to say that, it may also be that they would not have the funding until some undetermined year in the future. Mayor Foy pointed out that this issue was relatively minor compared to other issues that are usually negotiated.

Council Member Strom stated that the point made by Mr. Raw regarding wide outside lanes was, he assumed, something that would be considered. Mr. Bonk responded that it was an option they would have to explore. He said because it would cost less, they would have to compare the cost savings to the loss of incentive to people who don’t currently travel by bicycle.

Council Member Harrison said what he wanted out of this was something “doable,” and with Option 1 we take a step in that direction because it puts a firm viewpoint and project on the table that would benefit Chapel Hill citizens. He said those who spoke at the public forum asked for full facilities on Chapel Hill’s part of the project, and citizens desired that.

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-8.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 7 – Land Use Management Ordinance Text Amendment: Modifications

to Payment-in-Lieu of Recreation Area and to Setback Language

Acting Planning Director J.B. Culpepper noted that the Council had held a public hearing on September 19 to receive comments on the proposed amendments to the Land Use Management Ordinance (LUMO) regarding modification to payment-in-lieu of recreation area and setback language. She stated that the payment-in-lieu of recreation area modification would modify the method used in calculating payments in lieu of recreation area, and would use a consistent appraisal value for land as assessed by Orange County and/or Durham County for property tax purposes, and a multiplier established by the Council annually as part of the budget. Ms. Culpepper said that the setback language modification was more of a “housekeeping” item that would remove the phrase “front line setback” in order to be consistent with the standard setback language and definitions used throughout the rest of LUMO.

Ms. Culpepper stated that the staff recommendation was enactment of Ordinance O-6 to make these two amendments to the LUMO.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER HILL, ENACTMENT OF ORDINANCE O-6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 8 – Comprehensive Plan Amendment regarding the Calculation of a

Payment-in-Lieu in the Affordable Housing Strategy

Ms. Culpepper noted that a public hearing was held on September 26 to receive comments on this proposed amendment to the Comprehensive Plan. She stated that the Council did not receive any citizen comments at that public hearing.

Ms. Culpepper said that this proposal came out of the Affordable Housing Work Session on April 27 and would more clearly define payment-in-lieu as an option to meet the affordable housing goal. She said the proposed amendment would adjust the Comprehensive Plan to better define how a payment-in-lieu of providing affordable housing would be calculated.

Ms. Culpepper stated that the staff recommendation was adoption of Resolution R-10 to make this amendment to the Comprehensive Plan.

COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 9 – Presentation of Art for the Southern Community Park

Percent for Art Project

Chapel Hill Public Arts Commission Assistant Kate Flory provided a brief description of the artist selection process for the Southern Community Park, noting that this was a joint venture with the Orange County Arts Commission. She said when the Selection Committee first met they had decided that it was important that the artist or artists selected for this project should join the design team. Ms. Flory said rather than asking the artist to create one discrete art work, joining the design team would allow for artistic intervention through out the park.

Ms. Flory said the Selection Committee ultimately selected Laura Haddad and Tom Drugan, an artist team from Seattle, Washington, with experience in public art, landscape architecture, and architecture. She said Ms. Haddad and Mr. Drugan had visited Chapel Hill on three occasions and conducted extensive research visiting the library, meeting with various people in the community, spending time at the site, and working closely with the landscape architect. Ms. Flory said that tonight Ms. Haddad and Mr. Dugan would present to the Council their initial design concepts for the project.

Ms. Haddad presented a PowerPoint presentation of the art concepts for the Southern Community Park. She displayed an image of an old map that indicated the locations of an iron mine and a cotton mill. Ms. Haddad said they were interested in the history whole area since this park would be a regional park. She then exhibited photographs of the Merritt Pasture, Gimghoul Castle, stone walls along Mount Carmel Church Road, and an historic log cabin.

Ms. Haddad said a beautiful creek ran along the northern portion of the park site, adding that school children use the site to study the wildlife in the pond. She displayed photos of the interesting structures and textures of the site, noting the trees were an engaging part of that along with different ground plants and boulders.

Ms. Haddad said because the site was so natural, they wanted to use those natural materials such as the boulders and trees to make the art work. She said the Context Plan indicates their attempt to tie in the natural elements of the park with the natural elements of earth, fire, flora, fauna, water, and air. Ms. Haddad explained that each of those elements tied into a place in the region, for example the earth element tied into the iron mine, and the water element tied into the mills.

Ms. Haddad displayed the Site Plan, and explained the different components. She then noted than Mr. Drugan would provide further information on the six elements she had mentioned, and how they would be incorporated into the art for the Park.

Mr. Drugan then displayed six slides that described the art elements that incorporated the natural elements of earth, air, water, fire, fauna and flora. He described the artwork proposed for each element and how they would be incorporated into the site. Mr. Drugan provided detailed information about each of the art elements and their proposed location on the site. Ms. Haddad assisted with these descriptions.

Ms. Haddad described the oak and pine datum planned for the hardwood forest and the pine forest, noting that both would be made from cut tree trunks set into the ground in a circle to provide a natural seating area and allowed to decay naturally over time.

Mr. Drugan described the stone entry markers planned for the north and south ends of the site, constructed in a low circle of small to medium stones excavated from the site. He stated that the north marker would be set in a small natural bowl in the woods beside the parking lot, with the marker at the south entry set at the terminus of the greenway trail, providing a turnaround encircling the marker. Mr. Drugan noted that an entry marker would be placed at Dogwood Acres Drive and Highway 501, stating that it would be visible to the large number of people.

Mr. Drugan provided a description of the planned footbridges, noting the first would be located over a long ditch west of Mary Scroggs Elementary School’s outdoor classroom, and the second crossing over a seasonal drainageway at the south end of the site. Mr. Drugan then explained that the proposed gate would be located at the entrance to the soccer fields. He stated that the gate would be fabricated from steel, then either painted black to match the chain link fencing or galvanized silver. Mr. Drugan said it may consist of two interlocking swing gates or a stationary panel with a single chain link swing gate beside it.

Council Member Verkerk asked how these features would be maintained. She asked would they be the responsibility of the Parks and Recreation Department or would the artists have a contract to do that. Ms. Flory responded that several of the pieces were intended to naturally deteriorate over time, such as the oak and pine datums. She said that they had been working with the Parks and Recreation Department and the Public Works Department during the design phase to make sure that lawn maintenance equipment would be able to access the pieces that would need upkeep. Ms. Flory said they had also conferred with Urban Forest Curtis Brooks regarding plant choices, and would continue conservations with these departments as necessary.

Council Member Harrison said he wondered if there was a maintenance budget included with the project for the necessary upkeep of the art elements. He said this project was one where they had been forced to decide if a utility building was necessary, noting there was no “soft money” in the budget. Ms. Flory replied that most of the pieces are part of the general mowing that would be carried out anyway, so no additional funding was necessary.

Ms. Haddad said that part of the concept of the art was that they would not remain the same over time, but would slowly evolve and return to the natural condition of the land.

Council Member Ward said he was pleased with the creativity shown in the art design. He said he was concerned about the water exhibit, noting it appeared they planned to take the water from a roof or other areas and incorporate it into that art piece. Council Member Ward said he hoped that this project included a way to use that rainwater to irrigate the soccer fields. He said that perhaps what had been designed could achieve that seamlessly, and wanted that to remain a part of the discussions as the project moved forward. Mr. Drugan replied that they had discussed this with the landscape architect that morning, noting that stormwater or irrigation runoff from the soccer fields would be picked up and channeled into that water exhibit. He said they would use all the water they could from the site itself.

Mr. Horton noted that we would be able to capture a lot more water at a later time after we were able to fund the building of the Community Center, and we would capture significantly more water from that roof that we would from the much smaller roof on this site.

Council Member Greene commented that the element of natural decay was an interested element to the project. She asked how tall the straw dog was depicted as the entry marker to Dogwood Acres Drive. Mr. Drugan said it was about 16 feet high, and would be made out of the deciduous growth that would be cleared from the soccer fields. Council Member Greene said then the idea was that over time as it decayed you would not be sure about what it was. Mr. Drugan said yes, and that it could even become overgrown.

Mayor Foy asked how the pieces of art would be installed and would the artists be involved in that. Mr. Drugan responded that some of the pieces that use stone, for instance, would be created as the contractor removed the excavated stone and placed it in the noted area in a circle. He said in that way some of the elements would be created as part of the construction. Mr. Drugan said there were other elements that may be more specialized and there was some funding provided for him and Ms. Haddad to be involved in that. He said that some of the pieces would have involvement from community groups, such as from school groups or local craftsmen.

Council Member Verkerk said she had a few reservations about the project, although she liked the use of the natural elements. She said she was concerned that the way some of this project was communicated was “a bit obscure” to people participating in the park. Council Member Verkerk said had reservations about the whole idea of natural decay, stating that after a year or more would the art elements and its message have any relevance or would it just disintegrate. She said for instance, the proposed dog bone bench struck her as trite, and was concerned that some of the art elements would be lost very quickly.

Council Member Greene said she was glad that the straw dog would eventually go back to nature over time, adding that it would take much longer than a year or two.

Ms. Haddad said that this question had come up in their earlier reviews, and in response they had designed a marker stone for each piece that would say “Earth” or “Fire” or whatever the element was with directional arrows. She said at the wetlands area where the shelter would be located and that would serve as the primary gathering space, they were considering providing a map that would delineate the different areas to provide an understanding of how they worked together. Ms. Haddad stated they were concerned about two of the pieces that might decay more quickly, but noted that other than the ones made from tree trunks the remaining pieces were made of stone and would not decay over time.

Council Member Verkerk asked if there would be markers that would explain what the art was all about. Ms. Haddad said they did not want to explain their interpretation, rather they wanted to link the pieces together with the markers simply stating what the element was then leaving it to the individual to integrate it from there.

Mayor Foy asked about the map mentioned previously. Mr. Drugan noted that in the area where the water would be drained from the roof of the shelter, they were proposing doing a map that would show the park in the general context of the area. He said one option was to do it topographically and use it so the water drained down the actual water courses of the park, and the map would show that as well as how the other natural elements were incorporated and their relationship to the park. Mr. Drugan said at each site there would also be a stone marker that tied in with the historical reference to the site itself. He said it would be an aesthetic experience that would change over time, so that over time visitors would see the changes in these dynamic art pieces.

Council Member Kleinschmidt asked what they were doing to link these elements to the larger community, noting he had found it compelling the way the iron mine and cotton mill had been incorporated. Ms. Haddad replied the intent was to say that there was an iron mine there, because many people were not aware of its existence. She said by saying, for instance, that this was a circle about earth, and then having the marker point to the location of the iron mine, would add to the experience of the art and would give the project a regional identity.

Council Member Kleinschmidt thanked the artists for the art concepts, noting he liked to take walks of discovery and search out areas where there may be an old mill wall or dam to be found. He said he found that to be an amazing experience, and related to that mystery element. Council Member Kleinschmidt said he looked forward to walking through the park in fifteen years to see what time had wrought on the art elements.

Council Member Hill said he liked what was proposed, and suggested that the PowerPoint program that had been presented this evening should be provided to visitors to the park to give them an idea of where to look for things. He asked what the budget was for the art. Ms. Flory responded that the original one percent art budget was $28,000, and in June the Council recommended that the budget be increased by $23,000, bringing the total to $51,000. She stated that currently there was $31,000 available for installation of the art. Ms. Flory reminded the Council that some of the expense would be incorporated into the park budget because it included the overall design of the park itself and not a separate art element.

Council Member Hill said his point was that there was not a particularly large budget for art, and anything that could incorporate the expense into the regular construction budget was good. He said that would allow for the art dollars to be stretched. Council Member Hill said he believed the dog bone bench would strike a cord with those who took their dogs with them as they walked around the park

Mayor pro tem Wiggins said the parts of this she liked was where the art had been incorporated into a function of some element of the park, such as the crosswalks. She said crosswalks were necessary as was the fence, and the artists had made them artistic. Mayor pro tem Wiggins said wherever that took place was a really good idea, and was a concept she would like to see all over Town. She said things did not have to look the way they had always looked, that we could make them artistic.

Mayor Foy said he would like Ms. Flory to make the sure the artists see the description of the hanging in Town Hall by Anita Wolfenden, noting that it had been placed in Town Hall before the description of how it was conceived was added. He said before when someone looked at the hanging it had a different impact than it did now when you could read a description of it.

Mayor Foy said the Council had expressed a strong sense that it would be good that people understand what was in the park and why. He said we should make that a part of the experience that people would have when visiting the park.

Item 10 – Options to Preserve the Old Chapel Hill Public Library Structure

Town Attorney Ralph Karpinos said a petition had been presented to the Council last spring proposing that the Council consider granting an historic preservation easement on the Old Library Building. He said the memorandum before the Council provided different options to be considered. He said one was to refer this matter to the Historic District Commission, and the second was to take no action. Mr. Karpinos said they believed that the Historic District Commission would be the appropriate body to investigate and advise the Council on the petition request and what it might mean for that building.

Mr. Karpinos noted that one idea the Council may want the Historic District Commission to offer advise on was the idea of designating the Old Library Site as an historic landmark which would provide some protection, although not as much protection as a preservation easement would provide. He said that the extent to which any of these protections would be available would be determined based on what was written into a landmark designation or into an agreement that might be written with a third party.

Mr. Karpinos said if the Council wanted to pursue this, then he suggested that advice be obtained from the Historic District Commission.

Mayor Foy noted that Myrick Howard, President of The Historic Preservation Foundation of North Carolina, Inc., known as Preservation NC, was present and had been visited by the Council to speak on this issue.

Mr. Howard noted that the most certain preservation tool was the preservation easement. He said there were other alternatives that should be considered as options, but hoped that at some point the Council would put a preservation easement in place. Mr. Howard stated one of the best advantages of a preservation easement agreement with a third party was that it was a contractual agreement, which could be written as simply or with as much complexity as was wanted.

Mr. Howard commented that Preservation NC was a private non-profit and would be happy to assist the Council in any way it could. He provided a brief description of properties they had assisted in protecting in various ways. Mr. Howard said that Preservation NC held over 500 easements or covenants on properties across the State.

Mr. Howard said that the Old Library was a community landmark, and hoped that the Council would move forward to protect it.

Mayor Foy said if Preservation NC was the party to hold the easement, would the Town pay for that. Mr. Howard said in situations such as this they would not require a fee, but would monitor the property at its own expense.

Mayor Foy asked what would occur if Preservation NC ceased to exist. Mr. Howard said they had an endowment, so he did not believe there was cause for worry. He did say that their agreements contained a clause that if Preservation NC were to cease to exist, then its obligations would be transferred to a similar agency or ultimately to the State.

Mayor Foy said the agreement would be modified in any way the parties chose. Mr. Howard said that was correct, that it could be modified in any way the parties agreed to.

Council Member Ward said in the materials for tonight’s meeting, there was an excerpt from the unpublished manuscript The Town and Gown Architecture of Chapel Hill, 1795-1975, by Ruth Little. He said in it, regarding construction of the Old Library, it states that it was built “on a prominent location at the northwest corner of East Franklin Street and Boundary Street. The old frame Hendon House was demolished to make way for the library. Naturally, some citizens opposed the introduction of modern architecture into the heart of the Chapel Hill Historic District, but the building has become a beloved landmark.” Council Member Ward said he had no idea what the Hendon House looked like, but if it was still standing today it would be revered and would be a “wonderful” example of an old clapboard-side house built in the late 1800’s.

Council Member Ward asked how one determined if what was standing there now was historic and appropriate for maintaining forever when what was standing at the location before may have been historic as well. He said he knew there was a tendency to hold on to what we have and to resist change, but he would like to hear Mr. Howard’s thoughts on how to make that determination. Mr. Howard said many factors go into making such a determination. Using the Old Library Building as an example, he said there were not many surviving buildings of that period of substance and that are architecturally significant. Mr. Howard said that rarity, so to speak, would be a factor.

Mr. Howard said when you were talking about an in-town location there were probably relatively few structures that had been built on a “clean” site. He said you would have to conduct an evaluation of how important the structure was, as well as how people felt about it as a landmark. Mr. Howard said in the case of an historic district, there were some structures that were more important than others because of their architecture, and some that were more important because of their history or their context.

Mr. Howard said that the Old Library Building represented a fine example of architecture from its period, that it was a public investment and had seen a variety of uses over the years, and that many people feel attached to it for different reasons. He said it would be a hard building to remove and put something in its place, unless you replaced it with homes which he did not believe would happen in our lifetimes.

Council Member Ward asked if the easement could be drafted in a way that could weigh changes differently that took place on the exterior as opposed to the interior, so that a considerable amount of latitude could be maintained to the interior so that different uses could be made of it over time. Mr. Howard said yes, noting that certainly control should be retained over the most important public spaces in the building.

Mr. Horton commented that in his opinion the Council should have the greatest leeway possible, the greatest discretion possible, and that the Council as an institute would benefit from retaining control over this asset. He said he respected the differing viewpoints, but felt obligated to make his opinion known to the Council.

Council Member Harrison noted that he and Council Members Greene and Ward served on the Conservation Easement Committee, and that they had arrived at the point at which they were considering a third party to hold Town land in an easement, although it would remain Town land and the Town would control it. He said he believed that was the correct way to go with this building as well. Council Member Harrison said the statement the Manager had just made should be included in any such agreement, that is, that the Town should retain control and ownership.

Council Member Harrison said the Council had been requested by the Citizens Budget Committee to consider the sale of this building, but he was not in favor of that nor would he ever be willing to consider that. He said the architectural significance alone was reason enough not to sell it, although there were other reasons as well.

Council Member Greene agreed that this issue had come forward because of the request of the Citizens Budget Committee to consider selling the Old Library. She said that request had made her think that there may come a time that that would be a reasonable decision for some future Council to make. Council Member Greene said she respected the notion that this Council should not “tie the hands” of a future Council, but she believed the current Council could state that it was of current value to preserve a current asset. She said if a preservation easement was placed on this property now then if it was ever sold then it would be preserved.

Council Member Greene said that it was a good point that the former Hendon House would now be a revered property and we would want to save it, but it was gone. She said the Old Library was a valuable piece of architecture that was appreciated and had value, adding it would be an important statement for this Council to make that it did value this piece of architecture and wanted to preserve it.

Council Member Kleinschmidt said Council Member Greene had adequately summed up his thoughts on this. He asked Mr. Howard how often such preservation agreements were modified. Mr. Howard responded that it did not happen often at all, adding that the agreements were shaped to reflect what you were trying to accomplish. Mr. Howard said it did not prevent the sale of the property, but limited what the buyer of the property could do with it after it was sold. He said they had occasions where agreements were strengthened to add more protection to an easement, particularly if the property was restored or improved in some way.

Council Member Kleinschmidt said that building on a site where something historic had once existed was always a dilemma, noting the cathedral in Mexico City that had been built by the Spaniards on top of a pyramid. He asked do you tear down this incredible cathedral to preserve the pyramid underneath. Council Member Kleinschmidt said that dilemma may be solved by time itself, as the pyramid was pushing its way up through the cathedral.

Council Member Kleinschmidt said it was an interesting conflict, and what we can learn from that was we should not rush in and destroy what was in existence, rather we should preserve and appreciate what we have and not “destroy the pyramid.”

Council Member Hill said he believed this was an opportunity for the Town and the Council to “put its money where its mouth is.” He said we encourage preservation of our historic districts, and this was a chance to do that. Council Member Hill said he did not believe a preservation easement would impair the future use of the building, and if it did in some way it was probably a good thing. He said ultimately it was a good thing that this Council gets the opportunity to say what happens to that building.

Council Member Ward said he was in favor of moving forward on this, and wanted to incorporate the Manager’s perspective and find ways to craft the easement so that we could maximize the flexibility that this Council and future Councils would have without jeopardizing the core elements that we were seeking to preserve.

Mayor Foy suggested modifying Resolution R-11 to refer tonight’s comments to the Historic District Commission.

Council Member Strom agreed with Council Member Hill’s comments, and was comfortable with placing an historic preservation easement on this property.

COUNCIL MEMBER STROM MOVED RESOLUTION R-11 WITH THE SECOND “WHEREAS” CLAUSE DELETED, AND THE THIRD CLAUSE AMENDED ADDING AFTER THE WORD PETITION THE PHRASE “AND THE COMMENTS FROM TONIGHT’S MEETING”; THEN AFTER THE WORD COMMISSION ADD THE PHRASE “TO COLLABORATE WITH TOWN STAFF IN DEVISING LANGUAGE THAT WOULD ACCOMPLISH AN HISTORIC PRESERVATION EASEMENT AGREEMENT ON THE OLD LIBRARY BUILDING PROPERTY” AND DELETING THE REMAINDER OF THAT SENTENCE.

Mayor Foy said he wanted our comments to be clear to the Historic District Commission, and did not necessarily believe that the Manager’s report should be removed from the resolution. Council Member Strom said he just wanted it to be clear what the Council’s direction to the Commission was.

Council Member Ward said he was in favor of a more deliberative process than what Council Member Strom had suggested. He said the next step should be as the resolution stated, that is that “prior to considering the petition, the Council would like to hear the comments of the Town’s Historic District Commission.” Council Member Ward said that Commission knew more than he did, and they could help him and the Council to better understand the process and its pros and cons and related issues. He said he was supportive of the final goal of placing a preservation easement on this property, but wanted the process to be more deliberative.

Council Member Ward said proceeding in that way would allow the community to understand in greater numbers that the Council was close to acting on this, and would allow an opportunity to hear the community’s opinions. He said he wanted to hear those opinions before the Council made its decision.

COUNCIL MEMBER HILL SECONDED COUNCIL MEMBER STROM’S MOTION.

Mayor Foy asked if Council Member Strom’s intention was that there would be some process put in place to receive public comment once the Historic District Commission made its recommendation. Council Member Strom agreed that would be his understanding of what the Council wanted to achieve, noting we always benefit public exposure.

COUNCIL MEMBER WARD MADE A SUBSTITUTE MOTION TO ADOPT RESOLUTION R-11 IN ITS ORIGINAL FORM. THE MOTION FAILED FOR LACK OF A SECOND.

Mayor Foy commented that because there was no second to the substitute motion that Council Member Strom’s motion remained under consideration.

Council Member Verkerk said it seemed that a lot of the historic basis for the Old Library Building was based on Ruth Little, who was not an historic preservationist or an architectural expert. She said she would like to see if Paul Capp could be brought in since he did have that type of expertise. Council Member Verkerk said she did not believe the Council had adequate information, and she would like additional background on the Old Library before any decision was made.

Mayor Foy suggested asking Council Member Strom to amend his motion to include asking Paul Capp for his advice. Council Member Strom said he believed that at this point Mr. Capp could come forward and state his opinion as part of the public process. He said he knew enough at this point to want to see language come back from the Historic District Commission regarding a preservation easement agreement.

Council Member Greene commented that Ruth Little was commissioned by the State Office of Historic Preservation and by the Town of Chapel Hill. Council Member Verkerk responded she was very clear on who Ms. Little was.

Mayor Foy said Council Member Strom’s response was “no” to the suggestion that he amend his motion to ask Paul Capp for his advice, as he could comment during the public process.

Mayor Pro tem Wiggins said she wanted to be sure of what Council Member Ward had proposed in his suggested amendment and what was currently on the floor for consideration. She said the current motion was just taking us down the road a little faster, and that the Historic District Commission in developing proposed language would have the benefit of the Manager’s thoughts about this property as an asset,.

Council Member Greene said she was on the regional board of advisors of Preservation NC, and wanted the Council to know she was well aware of its work and what was involved in creating a preservation easement. She said she was supportive of moving forward with this and getting suggestions from the Historic District Commission.

Mayor pro tem Wiggins asked if there was a time issue that made our moving forward on this critical. Mayor Foy said no. He said he believed the reason for Council Member Strom’s motion was that the Council already had in mind that it wanted to see some proposed language for a preservation easement agreement. Mayor Foy said if that was the direction we wanted to go, then adoption of the motion was the way to go.

Mr. Horton requested that the Mayor repeat the motion that was under consideration. Mayor Foy replied he believed the resolution, as amended by Council Member Strom, was be as follows: the second “whereas” clause would be deleted, and the third clause amended adding after the word petition the phrase “and the comments from tonight’s meeting”; then after the word Commission add the phrase ”to collaborate with Town staff in devising language that would accomplish an historic preservation easement agreement on the Old Library Building property.” and deleting the remainder of that sentence.

Council Member Verkerk requested an explanation in clear language of how that motion was different from the draft resolution, in other words what did or did not it commit us to. Mayor Foy said as written the resolution would send tonight’s comments to the Historic District Commission for consideration of the petition, but the motion to amend it would also ask the Commission to develop language that would accomplish an historic preservation easement agreement that could be discussed by the public and the Council.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 11 – Appointment of Council Representative to the

Triangle Transit Authority Board of Trustees

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-12 REAPPOINTING COUNCIL MEMBER STROM TO THE TTA BOARD OF TRUSTEES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 12 – Appointments

12a. Historic District Commission.

The Council appointed Keith Freeman to the Historic District Commission.

Council Members

Historic District Commission

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Vote for 1 Applicant

Keith Freeman

Mark McGrath

Other; please list

CLERK NOTE: Mary Ann Kasarda asked to have her name withdrawn from the ballot.

12b. Housing and Community Development Advisory Board.

The Council appointed Tanita Howard and Karen Stegman to the Housing and Community Development Advisory Board.

Council Members

Housing and Community Development Advisory Board

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Vote for 1 Town resident

Christy Kimbro

Ade MacGregor*

Gordon Merklein

Matthew Scheer

Shireen Smith

Karen Stegman

Jaclyn Taaffe

Shawn Thompson

Vote for 1 Carrboro resident

Seth Chadbourne

Tanita Howard

12c. Inclusionary Zoning Task Force.

The Council appointed Valerie Bateman, Sylvia Brenner,, Robert Dowling, Glen Greenstreet, Scott Radway, William Rohe, Nancy Tripoli, Tom Tucker, and Carol Ann Zinn to the Inclusionary Zoning Task Force.

Council Members

Inclusionary Zoning Task Force

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Valerie Bateman (Neighborhood Representative)

Sylvia Brenner (Neighborhood Representative)

Robert Dowling (Affordable Housing Development)

Glen Greenstreet (Home Building/Contracting, Affordable Housing Development)

Scott Radway (Residential Land Development)

William Rohe (Economist/Urban Planning (academic background))

Nancy Tripoli (Neighborhood Representative)

Tom Tucker (Residential Land Development, Chamber of Commerce)

Carol Ann Zinn (Home Building/Contracting)

Other; please list

12d. Town Pay Plan Committee

The Council appointed James Heugerich, Iris Schwintzer, and Donald Tiedeman to the Town Pay Plan Committee.

Council Members

Town Pay Plan Committee

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Vote for 1 or 2 Town Residents

Rebecca Clark (PAC)

Harlan Cornell (BRAC)

James Huegrerich (Police Dept.)
(also Employee)

Rolin Mainuddin (PAC)

Iris Schwintzer (Transp. Dept.)
(also Employee)

Donald Tiedeman (BRAC)

Vote for 1 or 2 Town Employees

Dace Bergen (Fire Dept.)

James Huegrerich (Police Dept.) (also Resident)

Will Quick (Police Dept.)

Iris Schwintzer (Transp. Dept.)
(also Resident)

Other; please list

12e. Transportation Board

The Council appointed Ade Macgregor to the Transportation Board.

Council Members

Transportation Board

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Ade MacGregor*

Other; please list

The meeting was adjourned at 9:23 p.m.