SUMMARY MINUTES OF A PUBLIC FORUM
OF THE CHAPEL HILL TOWN COUNCIL
WEDNESDAY, JANUARY 26, 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, Town Information Officer Catherine Lazorko, Library Director Kathy Thompson, and Town Clerk Sabrina Oliver.
Item 1 – Initial Public Forum on the Annual Budget and Related Items
Mayor Foy noted this Public Forum on the Budget was the first of two meetings scheduled for this evening. He stated that a Public Hearing that had previously been scheduled for last week would follow the budget public forum.
Council Member Strom said in his role as Chair of the Lots 2 and 5 Committee, he had been talking with the Chapel Hill Public Arts Commission (CHPAC) and the Chamber of Commerce about having a speaker come regarding an urban planning and art event. He introduced Janet Kagen, a member of the CHPAC, to give more details on this event.
Janet Kagen stated the CHPAC was very interested in the redevelopment of the downtown and Parking Lots 2 and 5. She said for some time the CHPAC had wanted to host a public education forum to talk about issues of urban design and public art. Ms. Kagen said they had been in contact with Ronald Lee Fleming of the Townscape Institute in Cambridge, Massachusetts, who is an urban designer and planner with experience in public art strategies and placemaking.
Ms. Kagen said the CHPAC, together with the Foundation for Sustainable Communities which is a part of the Chapel Hill-Carrboro Chamber of Commerce, had invited Mr. Fleming to come to Chapel Hill and he had accepted. She said they are hosting this forum on Thursday, February 10, from 1:30 to 3:00 p.m. Ms. Kagen said he would present a talk entitled “The Art of Placemaking: Strategies for Thinking About Urban Design and Public Art.”
Ms. Kagen stated that on behalf of the CHPAC, the Chamber of Commerce and the Foundation, they have three requests:
Ms. Kagen invited the Council and the public to attend the forum.
Council Member Strom asked the Council to approve the three requests made by Ms. Kagen. He stated that this forum would be a good academic approach to urban design for them to experience.
Mayor Foy agreed, and thanked Ms. Kagen and the CHPAC for collaborating with the Chamber of Commerce to make this happen. He asked the Manager if he had any thoughts on this. Mr. Horton responded that his only concern was that if the Council Chamber is filled with attendees, that parking would be inadequate. He urged that as many attendees as possible should use downtown parking facilities. Mayor Foy said we should include that in the notices sent out by the Town’s Public Information Officer.
Council Member Greene also thanked Ms. Kagen for bring this idea forward, noting it dovetailed with the thought processes they had gone through to bring a successful urban design to Lots 2 and 5.
THE COUNCIL AGREED UNANIMOUSLY TO GRANT THE THREE REQUESTS MADE BY JANET KAGEN, AS WELL AS ASKING THE TOWN INFORMATION OFFICER TO URGE PARTICIPANTS TO UTILIZE DOWNTOWN PARKING FACILITIES.
Mayor Foy noted that this morning they had held the first meeting of the Budget Review Advisory Committee, and at that meeting they had kicked off the work they would be engaging in over the course of the next few months to try to tackle our budget issues. He said they had the consultant with them for the first time, and asked the Manager to give some background on information we had recently received about our consultant.
Mr. Horton stated we had received a phone call from a local reporter who had received information about Maximus, Inc., the large holding company that owns the division of Maximus with whom we are working. He said that division which provides managing consulting to cities and counties all over the country used to be a firm called David M. Griffith, then became DMG, then DMG Maximus, and then was purchased entirely by Maximus. Mr. Horton said that company was an independent division within the larger company.
Mr. Horton said that Maximus also had a division that provides certain welfare services under contract to state governments. That divison, he said, apparently had some difficulties related to audits and allegations of impropriety. Mr. Horton said we have not had time to research it, and have only been able to access brief reports on the web. He stated it was not clear to us what the status of those cases were; it appears that they have been resolved but we do not know that for sure. We do know, Mr. Horton said, that those cases occurred before DMG, or David M. Griffith Company, was purchased by Maximus. He said we don’t believe there is any reason to be concerned about the integrity of the group, adding that they are highly regarded. Mr. Horton said they have done multiple contracts for many communities in North Carolina.
Mr. Horton said we did feel an obligation to report this information to the Council immediately. As we get additional information, he said, we will provide it. Mr. Horton stated that we do not believe there is any information that would have changed the recommendation that we made. When we checked the references, he noted, they were consistently solid among the people we talked with.
Mayor Foy thanked Mr. Horton, adding he wanted to be sure that the Council and the public had that information. He then asked Mr. Horton to begin discussion on the budget and related matters.
Mr. Horton stated that this public forum begins the public discussion, noting that the Council had already begun its discussions that will ultimately lead to development of a budget for 2005-06. He said that tonight’s public forum provides an opportunity for the public to make requests, raise issues, or offer suggestions for consideration by the Council in regard not only to development of the primary operation budget but for all funds of the Town government. Mr. Horton said it is also an opportunity to comment on capital improvements program needs, noting that several advisory boards may have comments in that regard.
Mr. Horton stated that each year, the Town develops a Community Development grant application including multiple elements, and this is part of the public participation process that the Council adopted for development of the Community Development grant. He said that we hope that the Housing capital grant will continue to be at least as large as it has been in the past although we know that the federal government is likely to cut the housing program some. Mr. Horton said that each year there is an opportunity for the Council to determine how those funds are spent, principally devoted to renovation of public housing units.
Mr. Horton said the HOME program is a consortium of local governments with participation by Chapel Hill, Carrboro, Hillsborough and Orange County, all of whom work together to assure the best possible use of housing funds provided by the federal government. He stated that we receive substantial transportation funding from the federal government as well as from the State, adding that all of those funds go in support of our bus system and in planning the development of our transportation system for the community. Mr. Horton said tonight was an opportunity to comment on those funds as well.
Mr. Horton stated that in addition, the Town continues to have a Downtown Service District with a tax levy that now goes to support the work of the newly formed Downtown Economic Development Corporation. He said in addition the Council has agreed to make available for a three-year period a grant of $70,000 from the General Fund to support that work.
Mr. Horton said our potential legislative requests are welcome at this time, noting we need to begin development of the Council’s legislative program. He stated that this year the General Assembly had what is called “the long session,” and we may have an opportunity to gain additional legislative authority that would benefit the community.
Mr. Horton said we are prepared to comment further on any of these items, but know that the primary purpose of tonight’s meeting is to hear from the public.
Mayor Foy stated that we would now hear from citizens, noting that on the agenda the items for discussion are listed as part A through F, which includes the 2005-06 annual budget, the Capital Improvements Program, the 2005-06 Community Development grant, the 2005-06 HOME Program, the Downtown Service District, and potential legislative requests. He said that citizens who wanted to comment this evening are welcome to comment on any of these issues or any issue related to the budget.
Roland Giduz requested that the Council consider seeking enabling legislation from the General Assembly to allow the Town to levy a luxury tax on select entertainment events. He said the Town had attempted to do this in the past, and in light of the serious budget constraints now facing the Town, he urged to Council to seek this authority once again. Mr. Giduz said the General Assembly had not approved this in the past and may not do so now, but the case for the Town to seek this authority is more compelling that ever this year. He said that unless we continue to ask for this it is never going to happen. Mr. Giduz said this would be a reasonable levy on citizens who choose to enjoy this type of luxury.
Bob Schreiner, Chair of the Library Board of Trustees, thanked the Council for the improvements made at the Library over the past year. He said this included the upgrades to the Library’s electronic catalog, an expanded computer lab with efficient automated queue management, and significant progress on Library web page redesign.
Mr. Schreiner said they believe that these improvements are some of the reasons for the extraordinary increased use the Library is experiencing, noting that:
Mr. Schreiner said the Library continues its history of achievement and superiority by again being recognized as the best public library in North Carolina by the 2004 Hennen’s American Public Libraries rating (HAPLR) Index, which compares public library indicators for excellence. Mr. Schreiner said that this library can do that with the impediment of a facility that is too small is a testament to a great staff.
Mr. Schreiner said he had six items for recommendation tonight:
1. That the Council maintain the Library’s operational budget commensurate with the service level being provided. Modest allocations for technology and other improvements will permit pursuit of some of the recommendations in the Library Master Plan, although at a muted level.
2. Building expansion remains the big ticket item. The Council has issued $500,000 of Library Bond funds for expenses required to begin the project and appointed a Library Building Committee to see the project through the design phase, although the Committee has not yet been convened.
3. The current Capital Program bond schedule calls for funds for library construction to be provided in 2008 and 2009. The Board urges the Council to consider 2008-2009 as a completion date for this project, not a construction start date.
4. Before the expansion is completed, the challenge will be to fund a one-time substantial addition of books and other materials for the opening day collection. Therefore, the Library Board recommends that the Capital program include funds for such expansion. We expect some, but not all, of these costs to be provided by the Library Foundation and the Friends of the Chapel Hill Public Library.
5. The Town Council has supported the acquisition of a new inventory/checkout system, as recommended in the Library Master Plan based on the recommendations of staff and the Library Board. This project has been included in past years’ Capital program to be paid by Library Gift Funds in 2005-06. Because these funds are not projected to be sufficient to complete this project by the target date, this project will be delayed a year unless the Council allocates additional money.
6. Include implementation of the Library Master Plan among the Council’s Priority Goals for 2005, as they have already done for the Parks and Recreation Master Plan.
Mr. Schreiner thanked the Council for its consideration of the Library Board’s requests.
Major Geer said he lived in the area where the Partin sewer project is in progress, stating that that project would benefit all those on the south side of Apple Street and all those on the south side of Piney Mountain Road. He said his purpose in speaking to the Council was to request funds for sewer. Mr. Geer said that there are some families on the north side of Apple Street that got left out of the project, and when they discovered the oversight the Barnett family and the Geer family donated easements in order for the people on that side of the street to have access to sewer.
Mr. Geer said they had contacted the Orange Water and Sewer Authority (OWASA) and arranged a meeting. He said they asked OWASA for the price to run the run about 200 feet so that those families would have access to that sewer. Mr. Geer said OWASA quoted the three families on that side of the street a price of $75,000 plus a tap-on fee based on the size of their house, in addition to hiring a plumber to bring the line up to the houses.
Mr. Geer said the three families in question are senior citizens, have lived in this area for 30 plus years, have failing septic systems, are on fixed incomes, and they cannot afford to obtain access to that sewer. He asked, on behalf of those families, that when the Council chooses projects that these families be considered for sewer service.
Mayor pro tem Wiggins asked Mr. Geer if the $75,000 was for each household. Mr. Geer responded that the $75,000 would be divided between the three households, or about $25,000 each.
Whitney Kahn, Youth Director at the Chapel Hill-Carrboro YMCA, said that the Town had supported the YMCA for years, providing a range of activities to low-income children. She said these children are integrated into the current after-school program which serves about 200 children. Ms. Kahn said they were proud of their efforts, as well as their successes.
Ms. Kahn said the Board of Directors is committed to addressing the outreach needs in this community, and asked that the Town continue its support.
Robin Cutson said she wanted to address three points regarding the 2005-06 budget. First, she said, in the interest of fairness she asked the Council to revoke funding for full-time health benefits to Council members. She said that as part-time employees, Council members should not provide benefits to themselves that other “rank and file” part-time employees do not receive.
Ms. Cutson said her second request was that the Council “reign in” its spending on consultants, and to move carefully when hiring consultant management companies. She noted that Maximus, the consultant the Council is poised to hire for budget analysis, has in the past five years been cited several times for its mismanagement, and has been investigated for fraud and/or inefficiency concerning public assistance programs in several states. Ms. Cutson added that the consultant the Town had used for its stormwater management program, AMEC, was currently under investigation for fraud in New York, and had recently pleaded guilty to contract fraud in California.
Ms. Cutson noted her third request was that the Town not used taxpayer dollars to fund public arts or any public arts commissions. Citing inadequate funds, the Town has implemented cuts in services, including garbage service, and implemented fees on top of taxes for stormwater control. Ms. Cutson said the Fire Department is understaffed, yet the Town plans to spend over $400,000 on public art for the new Town Operations Center. She suggested the Town solicit voluntary private donations to fund public art, and use tax dollars for basic necessities.
Ms. Cutson said a sound budget means that this Council will use common sense to prioritize the funding of basic necessities, and make smart and informed decisions when hiring consultant and management companies. She said that the people of Chapel Hill were depending on them.
Alice Pettitt, representing the Orange County Cooperative Extension Service and its program partners, asked the Council to continue to support, through Community Development funds, the PAYOFF program that the Cooperative Extension and its partners organized and developed this year. She said that “PAYOFF” stands for Promoting Activity for Youth that Optimize Fun and Fitness.
Ms. Pettitt said that in Orange County, 36.9% of children ages 5 to 11 are either overweight or at risk, and 43.4% of 12 to 18 year olds are overweight or at risk. She said that as nationwide figures suggest, they expect to see the highest number of overweight children in the low-income and minority categories. Ms. Pettitt noted the health factors associated with being overweight.
Ms. Pettitt said that the funds provided to them by the Town this year were used to create a 10-week interdisciplinary program for youth who are at risk for becoming overweight and their families. She said they targeted families who were at 80% of the median income and who reside in Chapel Hill, and involved a number of agencies including the YMCA. Ms. Pettitt then gave details of the program and its participants, and its results.
Ms. Pettitt asked the Council to continue the funding into the new budget year.
Angela Lee, President of Carolina Pros, Inc., a 501(c)3 company, asked the Council to consider allocating a portion of hotel/motel funds to her organization. She said that Carolina Pros consists of but is not limited to former student athletes who played basketball under former Coaches Smith and Guthridge. Ms. Lee said the organization was founded by former UNC basketball athletes Rick Fox and King Rice, both 1991 UNC graduates.
Ms. Lee said that the founders wanted to provide a non-profit vehicle for former players to achieve community service objectives through strategic giving and other fundraising ventures. She said that many of their more than 200 members have enjoyed professional basketball and basketball-related careers, and others represent a vast diversity of careers and experience, and, it is this diversity that we have built upon and continue to build upon in a philanthropic manner. Ms. Lee then detailed some of the activities and fundraising events sponsored by her organization, as well as the other organizations that had benefited financially from these fundraising events.
Ms. Lee requested that the Council consider providing $50,000 for development of one or more of their programs.
George Cianciolo said he wanted to present recommendations from the Community Design Commission (CDC) and the Transportation Board regarding the Capital Improvements Program. Beginning with the CDC, Mr. Cianciolo said there were seven recommendations made:
1. Sidewalks to Schools: Improve sidewalks to elementary, middle and high schools.
2. Public Information on Stormwater Management Program: Create a program to help citizens better understand the new Stormwater Management Program
3. Bus Shelters: Provide bus shelters for existing bus stops.
4. Mass Transit: Create programs and adopt policy encouraging mass transit near high density developments.
5. Parking Lot Signage: Provide better signage downtown directing out-of-town visitors to public parking lots.
6. Public Alleys on East Franklin Street: Improve pedestrian alleys between public parking lots and the 100 block of East Franklin Street.
7. Bicycles: Increase the number of bike lanes and promote greater bicycle ridership.
Mr. Cianciolo stated that these recommendations reflect the fact that the CDC recognizes the impact that different forms of transportation have on the final design and utility of projects. He then noted the informal recommendations from the Transportation Board:
1. A park and ride facility on the eastern portion of Town along the US 15-501 corridor.
2. Increased transit service on nights and weekends as well as extended service on some day-time routes.
3. Increase the number of shelters at bus stops.
4. Improve signage at bus stops, such as maps, schedules, and the like.
5. More sidewalks and bicycle facilities, as well as improved signage.
Mr. Cianciolo said on a personal note, he would like to make an addition to the legislative requests for Council support of State Bill H623, which is the distraction while driving bill that would ban the use of hand-held cell phones while driving.
Betty Jenkins said she was a resident of Purefoy Drive off of Rogers Road. She said she was representing her neighborhood by requesting that they be connected the OWASA sewer. She said the line had now been laid in that area, but many of the residents are elderly and low-income and do not have the funds to pay for hook-up to the system. Ms. Jenkins asked the Council to consider budgeting funds to get this neighborhood connected.
Marc Ponds asked the Council to address crime and safety concerns not only for businesses on the west end of Franklin Street, but for residents as well. He said his request included all the surrounding neighborhoods. Mr. Ponds said this area of Town had a perpetual problem with crime and safety, and believes that poor lighting may be contributing to this. He suggested that we remove the “shady pockets” of Town that offer a haven for criminal activity. Mr. Ponds said he believed that Community Development funds should be used to meet this urgent community safety need.
Frank Camp asked that the Council keep after-school programs in mind during the budget process. He said providing good after-school programs could help address crime such as that mentioned by the previous speaker. Mr. Camp said in Chapel Hill we have the largest after-school program in the State, yet we have the lowest per-pupil allotment. He said it was one of the best ways he knew of to spend the Town’s money.
Robert Dowling, representing the Orange Community Housing and Land Trust, said he was before the Council tonight to request Community Development Block Grant funds. He said for the first time in a long while they find themselves without any land to develop. Mr. Dowling stated that for five or six years they had been the beneficiary of free land from the Town and from private sector developers, but now they were without land.
Mr. Dowling said they were looking to develop individual lots in the Northside neighborhood. He said they had meet with Town Planning staff as well as staff from EmPOWERment, Inc. and he believed they could forge a collaboration with EmPOWERment whereby they could purchase lots and/or houses in Northside to capture into the Land Trust. Mr. Dowling said he had not asked for a specific allocation, but based on the numbers he had seen in the marketplace and the numbers provided by EmPOWERment, that the days of being able to subsidize developments with $30,000 or $40,000 are gone, but if they are able to they will. He said based on current marketplace numbers if appears that $60,000 to $70,000 would be required to either build or renovate a house.
Mr. Dowling said he was suggesting that the Council consider $25,000 in Community Development funds per house, and $25,000 of HOME funds per house when those allocations become available. He said that would mean $50,000 per house which would be the bulk of what is needed to build or renovate a house to be taken in the Land Trust. Mr. Dowling said they would then have to find the rest of the funds elsewhere, such as from the NC Housing Finance Agency or bond money.
Mr. Dowling thanked the Council for its commitment to affordable housing.
Delores Bailey, a co-director of EmPOWERment, Inc., made two requests regarding the budget. First, she said that the Northside Revitalization Project is now two years old, and the funds provided through this program had allowed homeowners to make badly-needed repairs to their home, and, to keep their homes. Ms. Bailey asked that allocations for this program be increased so that the good works of the program could be continued.
Ms. Bailey said her second request piggybacks with Mr. Dowling’s request. She said that it is increasingly difficult for them to keep up with investors and developers in the Northside area. She stated that one problem was funding, noting they were having a difficult time putting plans together to be able to build affordable housing in Chapel Hill. She asked that the Council increase the funding so that non-profit organizations such as EmPOWERment and the Orange Community Housing and Land Trust can continue to provide affordable housing.
Tom Tucker stated he was before the Council tonight representing residents of the Rogers Road neighborhood. He stated that the area is part of the Urban Services District, and is not at this time a part of Chapel Hill. But, Mr. Tucker stated, it is on the list of potential areas to be considered for annexation. He said that his request is the same as that made last year, that sewer be brought into the Purefoy Road/Rogers Road neighborhoods via the Rusch Road Habitat subdivision that was recently approved.
Mr. Tucker said at the time the Rusch Road development was under consideration, they agreed to provide an easement from that development to Purefoy Road which could be used in the future to provide sewer to the Greene tract. Right now, he stated, that easement exists. Mr. Tucker said there are up to 30 homes that could take advantage of the availability of sewer if that sewer line were brought to Purefoy Drive.
Mr. Tucker said he was informed last year that the Town would consider this request as part of the Small Area Plan for the Greene Tract. His request was to again ask the Town to keep this request on their radar, and would like to understand where we are now with respect to that Small Area Plan and this request. He said they would also like to know why it is impossible to go ahead and provide the sewer line down Purefoy Road to the Greene tract so that residents can take advantage of it now.
Mayor Foy noted that the Council had received a written request from Nerys Levy to again providing $500 in funding for the Annual Community Dinner.
Council Member Greene stated she would like to have the Council add to its legislative agenda consideration of overturning the law that prohibits collective bargaining by public employees. She noted she had included some information in the Council’s packet for tonight’s meeting.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER THE COMMENTS FROM TONIGHT’S PUBLIC FORUM TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting was adjourned at 8:00 p.m.