SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JANUARY 23, 2006, AT 7:00 P.M.

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

Council members present were Laurin Easthom, Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Bill Thorpe, and Jim Ward.

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, Planning Director J.B. Culpepper, Principal Long Range Planner Gordon Sutherland, Information Technology Director Bob Avery, Fire Chief Dan Jones, and Town Clerk Sabrina Oliver.

Item 1 – Ceremony: State of the Town Address

Highlights and Priorities over the Last Year

Mayor Foy presented a review of the accomplishments and challenges that the Council had faced over the past year, as well as a brief look at what they anticipated for the coming year.  He said an important aspect of that review was the budget, as it was one of the primary responsibilities of the Council.  Mayor Foy stated that last year’s budget was particularly challenging, but they had been able to handle the potential tax increase projected to be 10 cents because the Council had remained focused on solving the issues.

Mayor Foy said the Town Operations Center had presented many difficulties, noting that at a cost of $45 million it was by far the largest project ever undertaken by the Town.  He said the Town had also faced enormous increases in the cost of health care, as well as increasing costs for workers’ compensation and rising fuel costs.  Mayor Foy said the Council, together with a citizens committee, spent part of the winter and most of the spring figuring out the best way to limit the necessary expenses and to increase revenue, and at the same time maintain a AAA bond rating.  He said they had been successful in doing that. Mayor Foy said after many months of hard work, they were able to adopt a budget with a tax increase of only 3 cents, 70 percent less than what had been projected.

Mayor Foy stated if the Council had focused its attention on the downtown with the philosophy that if they could have healthy, vibrant, and working downtown it rebounds to the benefit of everyone in the community.  He said the Wallace Deck and Parking Lot #5 represented an $80 investment in the downtown that would bring more parking, more retail, and provide residential living space.  Mayor Foy said it was a long-range effort to deal with what they perceived to be threats to the downtown’s long-term health, but their response was the way to have a real, vibrant, working downtown was to have real people living there.

Mayor Foy said in their efforts to redevelop the Wallace Deck and Parking Lot #5, they also recognized the responsibility to public space.  He said they had also made a commitment to public art, noting they wanted Parking Lot #5 to function as a place that all citizens felt welcomed.  Mayor Foy said to that end, they had engaged a nationally-recognized artist to help the Town develop the public art component, and believed it would be an exciting thing to watch unfold over the next year or so.

Additionally in the downtown, they had put together a partnership with the business community, the Town Council, and the University of North Carolina to focus on how the downtown functions and how it might function best, Mayor Foy said.  He added that the Downtown Partnership along with its director had begun work by engaging in “clean and safe” audit to identify health and safety issues in the downtown.

Mayor Foy next talked about the overarching principal of livability in Chapel Hill, noting he believed that the fare free transit system was the “crown jewel,” because it had done exactly what they had intended it to do.  It had, he said, increased the number of people who use it because they found it more convenient.  Mayor Foy said as a result, Chapel Hill transit now carried 5 million passengers a year, a remarkable number of people who were served without the Town having to build new parking lots, without having to widen streets, and without having the attendant air and water pollution that single occupancy vehicles created.

Mayor Foy said they had continued to invest in open space, sidewalks, and the parks and recreation system.  He noted that last year Chapel Hill had been the catalyst for an open space purchase in Orange County and partly in Durham County that would benefit all in the region.  Mayor Foy remarked that in the last two years Chapel Hill had invested $2 million in the purchase of open space throughout the community.

Mayor Foy said their parks and recreation investment continued to be a high priority, noting they were presently building Southern Community Park south of Southern Village and west of US 15-501.  He said they were also building an aquatics center that would be a beautiful indoor swimming facility at Homestead Park.

Mayor Foy noted that our Neighborhood Conservation Districts had helped to preserve the character of individual neighborhoods, noting that the Northside neighborhood was their first effort at trying to protect a neighborhood that was threatened by changes that would affect it permanently.  He said that Neighborhood Conservation Districts attempted to articulate principles of what a neighborhood wanted to be as it grew into the future.  Mayor Foy said the Northside effort was so successful that they now had three additional neighborhoods that had applied for the designation as a Neighborhood Conservation District.

Mayor Foy noted that the renaming of Airport Road to Martin Luther King, Jr. Boulevard represented the responsiveness and open-mindedness of this Town as well as the ability of this Town and this Council to engage in open dialogue even when it was difficult.

Mayor Foy said housing was another of the broad categories that the Council focused on.  He said the Town had for at least the past 10 years required that all new housing developments be at least 15 percent affordable.  Mayor Foy explained that affordable meant that 15 percent of the homes would be affordable to a family that earned 80 percent of the area median income and it had to remain affordable in perpetuity.  He said they had been successful in achieving that goal.

Mayor Foy stated they were cooperating with Orange County, the Inter-Faith Council, the Town of Carrboro, and the United Way in an inspirational goal that they called “the 10-year plan to end homelessness.”  He said they had focused on identifying underlying issues of homelessness.  Mayor Foy said that many times persons who were homeless were lumped together with other issues in the community, for example panhandling.  He said homelessness resulted from a lot of different difficulties, for instance many women are homeless due to domestic violence, or persons may suffer from mental health issues.  Mayor Foy said they were attempting to identify those causes of homelessness and at the same time deal with people who need shelter and assistance right now.

Mayor Foy stated that the University was engaged in a $1 billion investment in the main campus that had the potential for clashes with the Town.  He emphasized that there were daily contacts between Planning and Inspections staff as well as all the professionals who work for the Town and professionals who worked for the University.  Mayor Foy said because of that Town/Gown relationship there had not been terrible problems despite the enormous development process taking place on campus.  He stated that was good news, especially as the University moved forward with their next project which was Carolina North.

Plans for the Coming Year

Mayor Foy said the priority for the coming year would again be the budget and maintaining a AAA bond rating.  He said the Manager had indicated the Town was in excellent financial condition and they hoped to continue to make investments in capital improvements.  As well, he said, they would continue to make investments in the downtown including adding additional police foot patrols to improve safety.

Mayor Foy said the Council would be planning for Carolina North, noting the University had proposed various processes and plans.  He said the Town had looked closely at those and would continue to do so, adding that would take a lot of their energy over the next year.  Mayor Foy said they were also working on a Small Area Plan for Rogers Road in the northwest section of Town.  He said they were trying to identify the best way for that neighborhood to grow.  Mayor Foy said another priority was a Transit Master Plan that would help them decide the best way to grow, to increase bus service, and to identify how Carolina North would fit into the ability of people to move around.

Mayor Foy said they would not be expanding the Town limits, noting the geographic size of the Town was fixed.  But, he said, they would be growing the number of people who live here.  Mayor Foy said that meant they would have transit issues, and they wanted to plan for those.  He said that might mean an investment in trolleys, rail systems, buses and sidewalks and they wanted to know the best way to make Chapel Hill an easy place to move around in.  Mayor Foy said that was what the Transit Master Plan was about.

Mayor Foy said they wanted to build the improvements to South Columbia Street, noting it had been a top priority for 20 years, and they insisted that it get finished.  He said they were also focusing on the intersection of Erwin Road and US 15-501 where they expected a Superstreet project to be built.  Mayor Foy said the Superstreet, which was an elongated traffic circle, would relieve the congestion at what they consider to be the worst intersection in the Town.

Mayor Foy said they would continue to work on the $80 million investment in the downtown with its partner, RAM Development.  He said they would also continue to work with the Interfaith Council, who operates the Homeless Shelter in the old municipal building.  Mayor Foy remarked that the present building was not an appropriate facility for a shelter and was meant to be a stopgap measure, although it had been used by the Interfaith Council for the past 20 years.  He noted the Town had said it would continue to offer financial support and work with the Interfaith Council, and would donate Town-owned land for a new homeless shelter.

Mayor Foy said the Town was making a serious effort to reduce the use of fossil fuels through a carbon reduction program, in conjunction with the Carolina Environmental program at the University.  He commented that they would be working on Inclusionary Zoning, which was the next step in providing affordable housing in Chapel Hill.  Mayor Foy said that Inclusionary Zoning went beyond the 15 percent affordable housing goal already set by the Council, and would essentially mandate affordable housing in every development project.

Mayor Foy stated that his basic message to the Town was that this was a great place to live, a great place to work, and a great place to attend school, and this Council was working to keep it that way.

Item 2 – Public Hearings:  None.

Item 3 – Petitions

3a(1).   Sheila Neal regarding Signage for Southern Village Farmer’s Market.

Sheila Neal, Manager of the Chapel Hill-Carrboro Farmers’ Market, remarked that in addition to the Farmers’ Market in Carrboro, there was now a market located at Southern Village as well.  She noted that signs placed at the intersection of US 15-501 and 54 Bypass would be helpful to both their vendors and customers who wanted to visit them at their Thursday Chapel Hill market.  Ms. Neal said they also asked that the Town work with them to get a brown Farmers’ Market sign attached to the Southern Village signs that are north and south of the entrance to Southern Village.

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

3a(2).   Jon Wilner for the ArtsCenter of Carrboro regarding an Update on Its Operations.

Jon Wilner, Executive Director of the Arts Center, provided the Council with a brief update on the operations of the ArtsCenter, noting his appreciation of the Town’s investment.  He said for the second year they were operating “in the black” and would finish the year the same way.  Mr. Wilner stated they were successful for two reasons, that the ArtsCenter nourished the arts and was faithful to its mission, and the ArtsCenter was run as a business.

Mr. Wilner said the ArtsCenter was a non-profit enterprise, and all profits were reinvested into the community through their programs.  He thanked the Council for its continued support, and noted “it was a pleasure” to work with Kate Flory of the Chapel Hill Public Arts Commission.

THE PETITION WAS RECEIVED BY CONSENSUS OF THE COUNCIL.

3a(3).   Janet Kagan for the Chapel Hill Public Arts Commission, regarding the Possible Overlay of Public Art into Town Ordinances.

Janet Kagan noted that two years ago the Council had empowered the Public Arts Commission to begin work on a Civic and Public Art Contextual Plan for the Town.  She noted they had since been engaged in that plan, and planned to have a draft available in May.  Ms. Kagan said in the context of policy recommendations that would evolve through the development of the new Contextual Plan, it would be valuable for the Public Arts Commission to consult with Town Attorney Ralph Karpinos to discuss the challenge of overlaying public art policy into Town ordinances.  She requested that the Town grant them permission to consult with Mr. Karpinos regarding the overlay of public art into Town ordinances should it be necessary.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE ATTORNEY FOR A DETERMINATION OF THE APPROPRIATENESS OF THE REQUEST.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(4).   Mayor pro tem Strom regarding the Town’s Carbon Reduction Program.

Mayor pro tem Strom stated the Council had received an email from Professor Douglas Crawford-Brown with the Carolina Environmental Program regarding their desire to take some of the next steps in the carbon reduction field site initiative begun in Chapel Hill.  He said the email asked who the students should work with in this initiative.  Mayor pro tem Strom requested that the Council direct the Sustainability, Environment, and Energy (SEE) Committee to hold the initial contacts with the Carolina Environmental Science and Public Policy Group and then bring next steps back to the Council.

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

Council Member Ward noted that Professor Crawford-Brown had requested that work begin as soon as possible.  He asked what the requirement was for public notice of the next meeting of the SEE Committee.  Mr. Karpinos responded that a 48-hour notice was sufficient.

Announcements by Council Members

Council Member Thorpe noted that there were seats available on various boards and commissions, and encouraged the public to apply to serve on a committee that interested them.

Council Member Thorpe also informed the Council that he had hired a person to work with him part-time to assist him with Town Council responsibilities.  He noted his assistant would not be paid from Town funds, but wanted the Council to be aware that the person would be working with him.

Council Member Ward reminded the public that at 7:30 p.m. this evening the University was hosting a Global Energy and Climate Change Forum at the Kenan-Flagler Business School.  He said he hoped that those not attending would find an opportunity to view a video or transcript from that meeting, noting it was an extremely important opportunity to hear a team of real experts talk about these issues to help them move forward to address these issues in Chapel Hill.

Item 4 – Consent Agenda

Mayor Foy requested that Item #4d, Cleland Drive Cell Tower Lease Agreement, be pulled in order to allow a citizen to speak.  There was no objection from the Council.

Joe Capowski commented that he was a former Town Council Member who had been involved in the original negotiations for the cell tower.  He said he was also an electrical engineer and sensitive to communications issues.  Mr. Capowski said he was requesting an addition to either the contract or the lease agreement, whichever was most appropriate.

Mr. Capowski said in 1996 the context was that cell towers were proliferating widely throughout the United States and North Carolina, and by and large most of them were ugly even though they provided cellular telephone service.  He said Chapel Hill had two such towers, one at the Friday Center and the other at the baseball field at Culbreth Middle School.  Mr. Capowski said what these two “bad towers” had in common was an elevated, substantial “mess” of antennae elevated well above the treetops.

Mr. Capowski said the Town had done well with the tower on Cleland Drive, noting it provided phone coverage that was basically invisible.  He said the tower now being proposed was 35 feet taller than the previous tower and also 35 feet above the treetops.  Mr. Capowski said he was not unhappy with that since it was a thin tower and painted grey, but, it was not hidden.  He said because it was not hidden, and because conditions may change and the contract gave carte blanche to the cell company to modify that tower at any time it chose.

Mr. Capowski said for that reason he proposed an amendment or some change in the working to the effect that would specifically prohibit the tower from being equipped with an “elevated, substantial mess of antennae.”

Mayor Foy asked Mr. Karpinos for his suggestion on how to respond to the petition. Mr. Karpinos responded that the resolution before the Council would authorize the Manager to negotiate and execute an agreement, and if there were other concerns that the Council wished to include in the agreement then they could instruct the Manager to do so.  He said if they were not able to negotiate those concerns into the agreement then they could come back to the Council with another report.

Mayor Foy said the Council could authorize the Manager to negotiate an agreement, and could ask that Mr. Capowski’s concern be addressed.  Mr. Karpinos said that was correct, noting they could state that concern to the cell tower company and await their response.

Mayor Foy said he believed that the cell tower company should be required to remove dead foliage from around the base of the tower, noting there was suppose to be plantings around the base of the tower.  He said those plantings had died and had not been removed and replaced.  Mayor Foy said he wanted the contract to require the cell tower company to address that.

Mayor Foy commented that when the Consent Agenda was adopted, that this resolution would be adopted as well with the proviso that the Manager would include in the negotiations Mr. Capowski’s request as well as the issue of plantings around the base of the tower.  Mr. Horton stated he would do so.

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-4 AS AMENDED.  THE MOTION WAS ADOPTED UNANIMOUSLY    (9-0).

Council Member Kleinschmidt commented on Item #4c, Notification of Board and Commission Term Vacancies, noting that item included a resolution that would establish a schedule for nominations and appointments to boards and commissions.  He recalled that during the Council’s planning retreat they had included a goal of expanding the ways in which the Town solicited board and commission members.

Council Member Kleinschmidt said that the resolution called for applications to be accepted through the end of April with appointments beginning in May.  He asked the staff to work on developing creative ways of soliciting applications, more creative than those ideas provided in the planning retreat materials.  Council Member Kleinschmidt said he had brought this up at last year’s planning retreat as well, but did not believe any additional methods had been put into use.  Mr. Horton replied that the Town Information Officer would work with the Town Clerk in that regard.

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, ADOPTION OF RESOLUTION R-1.  THE MOTION WAS ADOPTED UNANIMOUSLY    (9-0).

Item 5 – Information Reports

Council Member Harrison removed Item #5a, Report on Stormwater Management Master Plan Development, for discussion.  He noted that Alan Rimer had requested time to speak on that item.

Alan Rimer, Stormwater Management Utility Advisory Board Chair, stated that the staff and the Board had worked to refine what ultimately the Manager would sign as a contract with Jewell Engineering for consultant services.  He said as a group they were pleased with the first steps to be undertaken, noting it would take up to five years to accomplish some of the objectives.

Mr. Rimer said what both the staff and the Board believed was a problem was the economic constraint that had been placed on them by the amount of available funds they had received.  He said to undertake a master plan effort such as this one over a five-year period was a difficult task.  Mr. Rimer remarked that a similar master plan project undertaken by OWASA seven years ago to look at their total utility had resulted in an expenditure of close of $1 million.  He said he believed that would probably be what was spent on a stormwater master plan.

Mr. Rimer said he provided that comparison to put into perspective the relative effort that would be necessary.  He said the staff and the Board were concerned about the limited amount of funds available to do programs that would actually make a difference.  Mr. Rimer said over the coming year they would work with the staff to look at priorities to come back to the Council with, adding they would like to come back before the Council periodically to provide them with an update on the status of the work and how the money was being spent.  He said the Council and the citizens of the Town deserved that periodic update.

COUNCIL MEMBER HARRISON MOVED THAT THE STORMWATER MANAGEMENT UTILITY ADVISORY BOARD WITH STAFF INPUT EXAMINE HIGH PROFILE PROJECTS FOR THE 2006-07 CAPITAL IMPROVEMENTS PLAN, INCLUDING THE STREAMBANK RESTORATION OPPORTUNITY, AND TO PRESENT A PROJECT LIST TO THE COUNCIL NO LATER THAN MARCH 1.  THE MOTION WAS SECONDED BY MAYOR PRO TEM STROM.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

MAYOR PRO TEM STROM MOVED TO DIRECT THE MANAGER TO PROVIDE QUARTERLY REPORTS BY THE STORMWATER MANAGEMENT UTILITY ADVISORY BOARD, SECONDED BY COUNCIL MEMBER WARD.

Council Member Harrison asked Mr. Rimer if the Board would like to participate in that report.  Mr. Rimer said the Board would be happy to do so.  Mr. Horton remarked that the Board had offered to take the lead in the reporting, and that staff would provide support.

Mayor pro tem Strom commented that clearly it would be a joint effort between the staff and the Board.  Mr. Rimer replied the Board would be pleased to take the lead.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0),

All other information reports were accepted as presented.

Item 6 – Horace Williams Citizens Committee Report

Julie McClintock, Chair of the Horace Williams Citizens Committee, said the Committee had been charged to develop recommendations on a process for development of the Horace Williams property, and how to include the public at all stages.  She commented they had done that, and wanted to provide the Council with a brief explanation of the two concepts they believed should be kept in mind as they think about the likely phases of the development of this property.

Ms. McClintock displayed a graphic depicting what they believed were the likely phases that development of this property would follow.  She said that in the first phase ideally the Town and the University would agree on a process of how to proceed.  Ms. McClintock said the second phase would be where the Town proceeded in collaboration with the University to develop certain foundation elements, which were transportation, land conservation, fiscal equity, and Horace Williams Citizens Committee principles.

Ms. McClintock said the third phase would likely be that the Town in collaboration with the University would create a new zone.  She said the fourth phase would be that the Town reviewed the University’s master plans using these foundation studies as a guide.  Lastly, Ms. McClintock said, would be the development review phase.

Ms. McClintock pointed out that they needed a transportation master plan, and were pleased that the Council had already begun that process.  She said they needed to know what the capacity was for this large piece of property.  Ms. McClintock said regarding the land use studies, that included the environmental aspects of stormwater, solar concepts, and most importantly land conservation.  She suggested the Town Council might invite the University to share their ideas and consultant materials on the area to be conserved, to be used as a starting point for discussion.  Ms. McClintock said that if the University and the Town agreed upfront on a transit plan and had a map of the areas to be conserved, as well as some understanding of how stormwater should be addressed, that would provide the basic foundation needed to make good decisions on how to apply a new zone.

Ms. McClintock noted that the Committee recommended that along with holding public hearings that the Council involve the University’s Board of Trustees at an early stage.  She said all Orange County residents should be involved in the process, as well as outside experts.  Ms. McClintock said they also believed that the Town and the University needed to agree on how the new zone would be enforced.

Regarding the concept plans, Ms. McClintock stated the Committee recommended that the Public Arts Committee or another committee that the Town could create actually develop visualizations of some of the principles contained in their report. She said bringing in outside experts and holding charettes so that people could see on the ground what was being proposed would be a valuable exercise.

Ms. McClintock said regarding the foundation studies, they believed that the unique characteristics of this undeveloped property and its location in the community required that the Town undertake these studies.  She said they see this as part of the process that could be started now.

Ms. McClintock said the first of the foundation studies was a transportation study as previously mentioned.  She said that was underway with the agreement to start planning with the University on a transit plan.  Ms. McClintock noted the next element was the land conservation portion, and suggested that the University share their ideas and consultant materials with the Town.  She suggested that there could be an Environment Committee of the Council with citizen members who could work on some of the environmental issues such as stormwater and solar.  Ms. McClintock said another important element of the environmental component was the remediation plan, which the University had already begun.  She said it was important that the Council represent the citizens in making sure that process was completed to everyone’s satisfaction.

Ms. McClintock remarked that the Committee believed it would be beneficial for the Council to request from the University a list of desired land uses and land use intensities desired for the project.  Then, she said, discussion could continue on whether those transit plans show whether those land intensities could in fact be met.

Ms. McClintock said that fiscal equity was an important component, and that the Town had already begun talks with the University on how this might progress. She commented that clearly a lot of new residences on this property would cost each resident possibly $15,000 for school costs, and since this property may be a for-profit development we need to make sure that those costs were equalized.

Ms. McClintock stated the Committee would like to see all of the principles outlined in their report of 2004 addressed as a part of this process.  She said they believed that proceeding with these foundation elements now was essential to developing a zone and future agreements with the University.  Ms. McClintock said the Committee was pleased that the University was proposing new conversations, and recommended that the Council clarify with the University their role in the process of that committee so that time was not wasted.  She said they believed that the Town could proceed with the foundation studies, noting data obtained from those studies would be needed by the Council regardless of when construction began on the property.

Ms. McClintock said the Committee believed that the question for the Council to answer was what the Town wanted to do in preparation for the development of this property.  She said the Committee’s answer was to agree to move ahead with the recommended foundation studies.

Ken Broun, a former Chapel Hill mayor, reported on a Leadership Advisory Committee that James Moeser, chancellor at the University of North Carolina (UNC) at Chapel Hill, had appointed him to chair.  He said that the Advisory Committee’s work would mesh with that which the Horace Williams Citizens’ Committee had already begun.  Mr. Broun said that he had come to Town Hall to give Council members an opportunity to ask him questions about the Advisory Committee.

Mr. Broun explained that the purpose of the Advisory Committee would be to gather information from a wide spectrum of Chapel Hill-Carrboro-Orange County community members in order to aid UNC in submitting its plans to the governing bodies. He noted that the most important and chief regulatory body was the Town of Chapel Hill.  Mr. Broun said that the Advisory Committee was intended to be as inclusive as possible.  He said he would hold open meetings and that he saw opportunities for public hearings, with the widest possible circulation, perhaps including televised meetings.  Mr. Broun envisioned a collaborative effort, he said, in the sense that the Advisory Committee would provide information to UNC, but not in the sense that the process would bind the Town.

Mr. Broun said that he had agreed to become involved because he felt an obligation to be part of what he sees as the most significant development in Chapel Hill since the University was founded.  He hoped to be useful as a mediator and facilitator, he said, but added that he realized it was odd for a mediator to be appointed by only one of the parties.  Mr. Broun noted that he was a law professor at UNC, but said that he would not represent and/or speak for the University in this process.  Also, he was not receiving compensation and would not be able to bind the University in the process, Mr. Broun explained.

Mr. Broun praised the reports that the Horace Williams Citizens’ Committee had completed, describing them as great starting places.  He expressed agreement, in substance and process, with much of what the Citizens’ Committee had written, but he noted that there were differences between the approach that the Committee had proposed and that which the University had embarked upon.

Mr. Broun said that he viewed the Citizens’ Committee report as the basis of discussions for the Advisory Committee, adding that he hoped to continue receiving Citizens’ Committee input so that the two could work together on many of the issues involved.  Mr. Broun characterized UNC’s lack of response to the Citizens’ Committee’s report as “awkward and troublesome,” and said that he expected UNC to respond within the next few days.  He predicted that there would be much agreement on the principles.

Mr. Broun said that the University had not moved ahead as quickly as some would like on foundations reports, such as transportation and fiscal equity.  He stressed that the community should move ahead with these without delay, adding that UNC had assured him that doing so was high on their agenda.  Mr. Broun told Council members that land conservation and other environmental issues would be part, if not the essence, of what the Advisory Committee would address.  He said that Advisory Committee members would decide whether or not there should be additional committees and separate experts, and so forth.

Mr. Broun explained that the Advisory Committee had asked Chapel Hill and Carrboro to appoint three members each and had asked Orange County to appoint two members. There would also be three UNC administrators (Tony Waldrop, Nancy Suttenfield and Mark Crowell) and three faculty members, one of whom would be Professor Doug Crawford-Brown.  Lisa Stuckey would represent the School Board and there would be one representative from the Chapel Hill-Carrboro Chamber of Commerce, he said.  Mr. Broun said that David King would represent the NC Department of Transportation, and that there would be one person from the State Budget Office.

Mr. Broun described the Advisory Committee as the “working aspect of the process,” the people who would be asking questions of each other.  But, he said, he expected much public input and that reports would be prepared.  Mr. Broun said he hoped to start by February and that the Committee would meet monthly after that with work being completed and a report going to the Chancellor within a year.  Mr. Broun added, though, that he realized the transportation study might take longer and might have to be completed separately.

Mr. Broun explained that he could not yet provide a complete agenda and was not prepared to say exactly what would occur at each meeting.  But, he said, all who are participating know the extent of the problems and the importance of the issues.  Mr. Broun then offered to answer Council members’ questions about the process and about how he envisions it, but stressed that he was merely a facilitator and could not speak on behalf of the University. 

Council Member Ward inquired about how the University would use the Advisory Committee’s outcome.  Mr. Broun replied that he envisioned the Committee developing a set of principles and guidelines that UNC would incorporate into its plans.  Those principles might look very much like those in the Citizens’ Committee report, he said, but they might be more specific regarding transportation, parking, environmental use, preservation of land, and fiscal equity, for example.

These principles would then be sent to Chancellor Moeser, who would pass it on to his staff for incorporation into plans that would ultimately be submitted to the Town, said Mr. Broun.  He was unclear about whether or not this Committee would discuss zoning, since that is a Town function, he said.  But they might discuss what kind of zoning would be appropriate, Mr. Broun explained.

Mr. Broun pointed out that either UNC or the Town might not accept the principles that the Advisory Committee proposes.  However, he hoped that the Advisory Committee would, if nothing else, narrow the issues and provide all concerned with a forum for better understanding and communication.  Mr. Broun said that he also hoped that the principles that come out of the process would be better than they would otherwise have been.

Council Member Thorpe noted that he had met with Chancellor Moeser and had asked why he selected Mr. Broun.  The Chancellor had replied that his decision was based, in part, on the freedom that Mr. Broun would bring to the process.  Council Member Thorpe verified with Mr. Broun that Advisory Committee meetings would always be open and that the public would be notified at all times. 

Council Member Easthom asked what would be on the Advisory Committee’s first agenda. Mr. Broun replied that he saw that as an organizational meeting to determine what they were going to talk about and accomplish. They would also discuss developing principles rather than concept plans and address any limitations they might feel, he explained.  Mr. Broun said he would like to discuss the meaning of “sustainability” and to have the Advisory Committee and public hear a UNC expert on that subject early in process, maybe at the second meeting.  He said that he had met with that expert and had been impressed by her remarks.

Mayor Foy explained that the Council had discussed the Advisory Committee at its recent planning retreat.  One threshold issue for the Council was the commitment of time that engaging in this process would require, he said.  Mayor Foy explained that Council members wanted to be assured that the University would not ultimately refuse to recognize the Town’s zoning authority.

Mr. Broun replied that, although he could not speak for UNC, he would not have agreed to be part of the process if he had not been assured, and strongly believed, that the University was operating in good faith and recognized the Town as the regulatory authority in this case.  He would not take his time, or the Council’s, or community’s, if he did not believe that was so, said Mr. Broun.

Council Member Greene agreed that this had been a fundamental and important question at the Council retreat.  She said that another, less fundamental question was with regard to the specific charge of the Advisory Committee.  Council Member Greene said that Council members wanted to know what the Advisory Committee’s charge was before engaging in the process.  Mr. Broun replied that the charge was to get as broad a range of community opinion as possible, including from elected officials and community members, on a set of principles that would guide UNC in preparing its plans to be submitted to the Town, as the regulatory authority.

Mr. Broun asked Council Member Greene if his answer seemed concrete to her.  She replied that it was more of an answer than the Council had received from the University representatives who were at the Council retreat, adding that those representatives had not been sure what the charge was.  She said that the Council might want some input into the charge, though, adding that Council members had not yet had a chance to discuss whether or not it was acceptable. Mr. Broun replied that this was the charge he had accepted.  He thought the Citizens’ Committee’s principles were a start in the right direction and that the Advisory Committee would do more along that line, he said.

Council Member Ward verified that there was no UNC Board of Trustees member on the Advisory Board.  He expressed concern about this, mentioning a couple of instances where the Board had been excluded from a process and had then rejected the outcome.  He commented that the process could be a waste of time unless the Board was represented on the Advisory Committee so that their interests are known throughout.  Mr. Broun agreed that this was a valid point and said he understood the Town’s concern.  He explained that the process had been set up in consultation with the Board.  Mr. Broun added that he was reasonably confidant that the UNC administrators who were involved would have the Board’s sanction.

Council Member Ward replied that it was important to him that a Board representative be part of the Advisory Committee.  He requested that it be made explicit and clear that the Board of Trustees supported the process.  Mr. Broun agreed to pass that information on to the University.

Council Member Strom said it would be helpful to receive, in writing, exactly what was being proposed and what the process would be.  Mr. Broun replied that he had written a recent column in the Chapel Hill Herald, which sets that out. He offered to supply Council members with copies of that article and to elaborate on it if they wish.  Council Member Strom emphasized the importance of having specific information on the charge, mission, end goal, membership and timing.  He said that a goal, such as developing a set of principles, should be clearly articulated in writing now so that the Council knows exactly what it is being asked to participate in.

Council Member Strom commented that it seemed as though “a lot of shifting sand” was occurring.  Mr. Broun disagreed with that interpretation.  Council Member Strom asked that everything be put in writing, and that it be made clear that Mr. Broun’s role was independent from UNC.  Mr. Broun replied that he had stated that, but Council Member Strom emphasized that documentation was important in this scenario.  He pointed out that the Town has many needs and that the staff time and effort would be significant if they engage in this process.  Council Member Strom asked Mr. Broun to understand the threshold of work that the Town was being asked to undertake, and Mr. Broun replied that he did understand that.

Council Member Easthom pointed out that the Horace Williams Citizens’ Committee consisted of a broad range of people with different expertise and that it had been in existence for years.  The Citizens’ Committee had completed its report in 2004, she said, noting that the report included some of the same principles that Mr. Broun said the Advisory Committee would work on.  Council Member Easthom asked Mr. Broun if the Advisory Committee would do something different, or more. 

Mr. Broun replied that he hoped the Advisory Committee would build on what had already been done.  He emphasized that The Citizens’ Committee’s work had not been wasted, adding that he hoped Citizens’ Committee members would continue to provide input.  He did not think the University’s efforts to come up with concept plans had been wasted either, he said.  Mr. Broun proposed that all of the work that already had been done constituted a basis, but was not yet complete.

Council Member Easthom asked Mr. Broun for his opinion of Ms. McClintock’s presentation and suggested process.  Mr. Broun replied that he agreed with much of Ms. McClintock’s approach.  The only area where the University’s suggested process differed, he said, was at the start.  After that, the foundation reports and the proposed public process were very similar to what the Advisory Committee would address, said Mr. Broun.

Council Member Hill remarked that the most exciting thing Mr. Broun had said was that the Town could look forward to a University response to the Citizen Committee’s report.  He recommended that Council members wait for that and go from there.

Council Member Greene stated that she was hopeful about the Advisory Committee, which sounded to her like a good place to restart.  She asked, however, why UNC wanted to set it up as a University committee rather than a collaboration, such as Ms. McClintock had outlined.  Mr. Broun replied that the idea was to form a committee that would provide input to UNC.  He noted that the Advisory Committee would include other governmental bodies, and said that he had wondered if a truly collaborative process, which included the same groups, might be an invasion of the Town’s regulatory powers.

Mayor Foy said he was glad to hear Mr. Broun make that last comment, adding that the Council had been clear that it was the Town’s responsibility to develop a zone.   Mayor Foy noted that Mr. Broun was saying he did not view the Advisory Committee process as developing a zone as much as a fairly specific set of principles about what the development might look like.  Then, if the University accepted those principles, the Town could take that information and develop a zone that would, for example, accommodate the University’s transportation and parking goals, said Mayor Foy.  Mr. Broun replied that this was how he envisioned the process and that Mayor Foy had summarized it well.

Mayor Foy suggested that as a formal policy that the Council endorse Part B of the report, which would conduct the foundation studies.  He said the only formal action the Council had engaged in was the transportation planning.  Mayor Foy said that Parts C, D, and E could be accepted as a recommendation for the Council to consider.  There was no objection from the Council.

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ENDORSE AS A FORMAL POLICY PART B OF THE REPORT, AND ACCEPT THE REMAINDER OF THE REPORT AS RECOMMENDATIONS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor pro tem Strom noted that at the January Planning Retreat  the Mayor had indicated that he would be transmitting a draft letter that was a summary of the Council’s discussion.  He said that along with the response to the Horace Williams Citizens Committee report would be helpful in allowing the Council to gauge where they were and what appropriate conversations they should have with the Council.  Mayor Foy said he agreed, noting the Council would receive that summary this week, and should have the University’s response to the report as well.

Item 7 – Follow-up Report on the Rogers Road Small Area Plan Process

Planning Director J.B. Culpepper commented that the purpose of the report was to provide an update regarding the proposed process for development of a Small Area Plan for the Rogers Road neighborhood.  She noted that the resolution before the Council would appoint members of the Council to initiate discussion with elected officials from the Town of  Carrboro and Orange County regarding a Small Area Plan process for the Rogers Road neighborhood, including the Greene Tract, and request that the Carrboro Board of Aldermen and the Orange County Board of Commissioners appoint representatives for that purpose.

Ms. Culpepper remarked the report also provided information on a conservation easement proposed for a portion of the jointly-owned Greene Tract.  She stated that they were recommending adoption of the resolution.

COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER HILL, ADOPTION OF RESOLUTION R-9, WITH MAYOR PRO TEM STROM AND COUNCIL MEJMBER KLEINSCHMIDT INCLUDED AS THE COUNCIL’S REPRESENTATIVES.  THE MOTION WAS ADOPTED UNANIMOUSLY    (9-0).

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY MAYOR PRO TEM STROM, THAT A LETTER BE DRAFTED TO BE SENT TO THE TOWN OF CARRBORO AND ORANGE COUNTY.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 8 – Residence Inn Development:  Request for Minor Change to the

Special Use Permit – Affordable Housing

Ms. Culpepper noted that the Council had a memorandum before them that described a proposed minor change to the Residence Inn Special Use Permit (SUP) and to seek advice on the amount of a payment-in-lieu of providing an affordable housing unit.  She said they were recommending that the Council adopt the resolution that endorsed a payment-in-lieu of providing an affordable housing unit in the amount of $70,000 as a minor change to the Special Use Permit.

Council Member Kleinschmidt asked how this was a minor change rather than a major change, and what would happen if it were not a minor change.  Ms. Culpepper responded that they believed it was a minor change since they were looking at a specific condition of the SUP.  She said that reviewing the discussion during the hearing and then applying the specifications set out in the Land Use Management Ordinance (LUMO) had led them to the conclusion that the requested change was not a major change as defined in LUMO.  Ms. Culpepper said the substitution fits as a minor change, noting that had it been a major change the applicant would have had to return to a Council and request a modification to the SUP.

Council Member Kleinschmidt asked if housing was still proposed.  Ms. Culpepper said yes, that 3,000 square feet were proposed for four dwelling units, and the applicant was requesting permission to make a payment-in-lieu rather than setting aside one of those units as an affordable unit.

Mayor Foy said he was not clear why they did not want to set aside a unit as affordable.  Scott Radway, the consultant on this project, noted that the applicant had volunteered one of the units as affordable during the early stages of the process.  Since that time, he said, persons who represent organizations that provide affordable housing in Chapel Hill suggested that a payment-in-lieu would be more reasonable.  Mr. Radway said they had decided to continue through the process and designate one unit as affordable.  He said last fall when they were refining their agreement with the Town and Orange Community Housing and Land Trust, Robert Dowling again suggested that it would be more appropriate to provide a payment-in-lieu that could be used to provide housing in a more reasonable location.  Mr. Radway said after more discussion, they had decided to bring the idea before the Council and let them decide.

Mr. Radway said they were fully prepared to provide the unit as called for in the SUP.  He said they had not discussed the payment-in-lieu with the staff, had not discussed whether it was a minor or major change, nor had they discussed an amount.  Mr. Radway said if the Council believed it was appropriate, they would make the payment-in-lieu as suggested by Mr. Dowling.  If not, he said, they would provide the affordable unit.

Council Member Greene said she did not believe the Council should take any action on the request.  She said at the time this development was reviewed by the Planning Board had proven to be somewhat complicated, and there had been some concern that it was a questionable use of mixed-use zoning.  Council Member Greene said these four units were proposed so that the development would be a mixed use as opposed to a hotel.  She said while serving on the Planning Board she had supported this development under that condition.

Council Member Greene said she was not persuaded by the arguments to make this change. She said that yes, the units were small, they were for one person, there would be condominium fees, and the neighborhood was small.   But, Council Member Greene stated, affordable housing came in all varieties as did people, and she did not believe payment-in-lieu was a better option.

COUNCIL MEMBER GREENE MOVED, SECONDED BY MAYOR PRO TEM STROM, TO TAKE NO ACTION ON THIS REQUEST.

Mayor pro tem Strom remarked that the Town had had remarkable success in their affordable housing initiatives in Town, convincing developers to construct units and turn them over to the Land Trust.  He said this unit would be an asset to the community.

Council Member Kleinschmidt said he had some memory of this idea being voiced at the time of the approval of the SUP, and the Council had considered it but rejected it.  He said if his memory was inaccurate, then at least when he had cast his vote during the SUP process it was with the knowledge that an affordable unit would be provided.

Council Member Kleinschmidt said he believed the vote for approval of the SUP was 5-4, and believed it was “shoe-horning” this development into an area where it did not belong in the planning of that area.  He said he continued to believe it was still wrong.  Council Member Kleinschmidt said if he were not for the question of how much the payment-in-lieu should be this would never have come back before the Council.  Mr. Horton commented that even though he believed this change could have been made at the staff level, he believed the development was still of some concern for the Council and had brought it back to them for a decision.  He said he knew it was an important issue and did not feel it was appropriate to handle it in any other way.

Council Member Kleinschmidt said he was pleased to know that the Manager recognized that.  He said he believed it was a clear policy decision at the time the SUP was approved that an affordable unit would be provided.  Mr. Radway remarked that the applicant believed that it was appropriate to bring this before the Council for discussion, and not to ask the staff to decide if the request for a minor or major change or what the dollar amount should be.

Council Member Kleinschmidt said he appreciated those comments, and wanted Mr. Radway to know he did not believe they were operating in bad faith.  Mr. Radway said he had worked on and was a strong supporter of the inclusionary concept, and said they were not attempting to subvert that but only to listen to what was suggested to them by the Land Trust.

Council Member Thorpe said he had been on the Council years ago when the payment-in-lieu concept was first proposed.  He stated that once a development plan was proposed and the Council gave approval of that plan, he believed that the applicants should be required to do exactly what was approved and not be provided an opportunity for changes.  Council Member Thorpe said he was prepared to vote against this request, noting that if affordable housing was required as a condition of the SUP, then affordable housing should be provided.

Council Member Thorpe thanked Mr. Horton for bringing this issue before the Council. To Mr. Radway, he remarked that he believed the affordable unit should be provided as set out in the SUP.

Mayor pro tem Strom asked Mr. Radway if he remembered what the vote had been on this development.  Mr. Radway said there were actually two votes.  He said the first was a vote to deny, which failed with a 4-5 vote.  Mr. Radway said it was then sent back to the Manager to include some additional stipulations, and when it came back to the Council several weeks later it  passed with a vote of 5-4.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 9 – Amendment to the Council’s Calendar

Mayor Foy said the resolution would delete some work sessions that had been included on the original calendar adopted by the Council, and to add some additional dates based on the Council’s discussion at its Planning Retreat.  Mr. Horton noted they had also made a correction regarding the Easter holiday as well.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-11.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 10 – Appointments

10a.     Chapel Hill Public Arts Commission

The Council appointed Haig Khachatoorian to the Chapel Hill Public Arts Committee.

	Council Members
Chapel Hill Public Arts Commission		Foy	Easthom	Greene	Harrison	Hill	Kleinschmidt	Strom	Thorpe	Ward	TOTAL
Vote For 1 Applicant
Deb Baldwin
Ana Borja
Charles Hochman
Kathryn James
Haig Khachatoorian		X	X	X	X	X	X	X	X	X	9
Mark McGrath
Claire Reeder
André Wesson
Other; please list:

10b.     HOME Committee

Mayor Foy asked if it was essential that an appointment be made tonight.  Mr. Horton said no, but he believed it was essential that a Council member serve on this Committee because of its importance.

Mayor pro tem Strom said he believed this Committee’s work coincided with the budget work, and asked how often the Committee met.  Deputy Town Manager Florentine Miller replied that the Committee met not monthly, but certainly quarterly depending on the time of year.  She said that based on the number of applications it may meet monthly at this point.

Council Member Kleinschmidt stated that former Mayor pro tem Wiggins, who had served on that Committee on behalf of the Council, had indicated that this Committee not only did a lot of work but did a lot of good work.

Council Member Ward stated that another comment that experienced former Council Member had made was that she felt that her participation on this Committee was a wonderful pairing with her work on the Land Trust.   He said for that reason, whichever Council member was the liaison to the Land Trust might consider working on this Committee as well.

Council Member Easthom remarked that she was the liaison to the Land Trust, and she agreed to consider appointment to the HOME Committee.

Mayor Foy said  this issue would return to the Council at its next meeting where the Council would consider a resolution appointing Council Member Easthom as the Council’s representative on the HOME Committee.

10c.     Million Solar Roofs Initiative

The Council appointed Andreas Hay, H. Thomas Miller, and Mark Simon to the Million Solar Roofs Initiative.

	Council Members
Million Solar Roofs Initiative		Foy	Easthom	Greene	Harrison	Hill	Kleinschmidt	Strom	Thorpe	Ward	TOTAL
Vote For 4 Applicants
Andreas Hay		X	X	X	X	X	X	X	X	X	9
H. Thomas Miller		X	X	X	X	X	X	X	X	X	9
Mark Simon		X	X	X	X	X	X	X	X	X	9
Other; please list

Item 11 – Petitions

11a.     Council Member Easthom

Council Member Easthom petitioned the Council to request that in reference to one of the Council’s retreat goals of exploration of a municipal wireless system, to direct the Technology Committee to come back with a specific report within two months on options for a municipal wireless system in Chapel Hill.  She said she brought this up because she felt that time was not on this side for consideration and exploration of a municipal wireless network given the pending federal legislation designed to thwart municipalities from providing internet access.

Council Member Easthom said her written petition provided some specific requests, and asked that it be provided to the Technology Committee for a response.  She stated she believed that exploration of what would increase the quality of life for the citizens of Chapel Hill, and provide equal opportunity for those who are not lucky enough to afford access to information and what the world wide web had to offer, was an important task for the Council to consider this year.

She provided an example using her child’s school newsletter, written by the school I.T. specialist, quoting:  “Let me take this opportunity to mention some innovative new programs available to our families that can help with an important task, Connect 2 School.  This new service allows fourth and fifth grade students to take home their portfolios every night, giving them full access to their writing, research and multimedia projects at home, and also giving them home access to many of the software titles used at our school.  All that you need is a computer with internet access.”

Council Member Easthom said not everyone had that type of access, and it was important to consider the exploration of low cost or free access to not only our children, but for adults who would benefit from home access to the world of information that could lead to finding jobs and expanding educational opportunities.

Mayor Foy suggesting referring this petition to the Technology Committee as a directive from the Council.  Council Member Easthom agreed.

COUNCIL MEMBER EASTHOM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE AND REFER THE PETITION TO THE TECHNOLOGY COMMITTEE WITH A REPORT FOR OPTIONS TO BE RETURNED TO THE COUNCIL IN TWO MONTHS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting was adjourned at 9:01 p.m.