SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
WEDNESDAY, SEPTEMBER 27, 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 (arrived at 7:10 p.m.), Cam Hill, Mark Kleinschmidt, Bill Strom, Bill Thorpe, and Jim Ward.
Staff members present were Town Manager Roger Stancil, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Planning Director J.B. Culpepper, Senior Transportation Planner David Bonk, Police Chief Gregg Jarvies, Parks and Recreation Director Kathryn Spatz, Finance Director Kay Johnson, Internal Services Superintendent Bill Terry, Building Maintenance Manager Forest Heath, Planner Rae Buckley, Planner Dana Stidham, Mayoral Assistant Adam Shaeffer, Deputy Fire Chief Caprice Mellon, Assistant Fire Chief Alvin Ward, Information Technology Director Bob Avery, and Town Clerk Sabrina Oliver.
Item 1 – Ceremonies: None.
Mayor Foy noted that for the past 16 years, Eugene Murray had made sure that all of the Council’s cablecasts ran smoothly and professionally. He said the Town was proud and pleased to have him work with them. Mayor Foy presented Mr. Murray with a plaque in appreciation and in recognition of his work with the Town Council.
Mr. Murray thanked the Council and the public, noting he was honored to have been a part of Town government over the last 16 years. He stated it had been a privilege to serve the Town.
Item 2 – Public
Hearings: None.
Item 3 – Petitions
3a(1). Wayne and Lisa Richardson regarding Four-Way Stop at Churchill Drive and Longleaf Drive.
Mr. Richardson reiterated the purpose of the petition, which was to have a four-way stop sign installed at Churchill Drive and Longleaf Drive in the Briarcliff subdivision. He noted concerns regarding accidents and speeding, the lack of sidewalks, proximity to Ephesus Elementary School, and the amount of cut-through traffic. He stated that adding a four-way stop should accomplish slowing down traffic and hopefully prevent accidents at this intersection.
Vincent Wingate agreed with Mr. Richardson’s remarks. He said the Town was currently installing a sidewalk that would encourage even more children to walk in the area.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a(2). Hugh Stevenson regarding Traffic Calming at Churchill Drive and Longleaf Drive, and Longleaf Drive and Willow Drive.
COUNCIL MEMBER THORPE MOVED, SECONDED BY MAYOR PRO TEM STROM, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Harrison arrived at 7:10 p.m.
3a(3). Tanya Freeman and Elizabeth Benfey regarding the Franklin-Rosemary Historic District.
Elizabeth Benfey stated that in June they were informed that the National Register of Historic Places had approved the Chapel Hill Historic District Boundary Expansion Study List application. She said the next steps would include hiring a consultant to prepare a proposal for the preparation of the boundary expansion. Ms. Benfey requested that the Town participate by sponsoring the grant application, by providing staff resources to complete the grant application, and by funding the consulting fees that would not be covered by the grant, approximately $2,500.
Mayor Foy said he believed the Town needed information from the staff about how this would interact with local historic designations.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 4 – Consent Agenda
Mayor Foy noted that members of the public had requested to speak on items #4g, Coker Hills Neighborhood Conservation District Continuation of Public Hearing, and #4j, Response to Petition regarding Flashing Speed Limit Lights for School Zones.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-1, AMENDED TO REMOVE ITEM #4g and #4j. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item #4g: Coker Hills Neighborhood Conservation District Continuation of Public Hearing.
Brian Sanders thanked the Council for the Neighborhood Conservation District on behalf of his neighborhood, noting his neighborhood was working hard to make progress.
Item #4j: Response to Petition regarding Flashing Speed Limit Lights for School Zone.
Regina Blalock thanked the Council regarding the flashing speed limit lights for school zones. She noted the amount of work that had gone into the recommendations.
COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-7 AND RESOLUTION R-10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 5 – Information Reports
5.1. Process for Creating Socio-Economic Projections for the 2035 Regional Long Range Transportation Plan.
5.2 Status Report on Options to Increase Water Use Efficiency.
5.3 Response to Petition Requesting Sharrow Program.
All information reports were accepted as presented.
Item 6 – Halloween 2006 Preliminary Operational Plan
Police Chief Gregg Jarvies reported on proposed methods of crowd control for the 50,000 persons expected on Franklin Street on Halloween. He said that about 14 agencies would be assisting with the event, scheduled from 9:00 p.m. to 1:30 a.m. on Tuesday, October 31. Chief Jarvies said their plan was to have the streets open by 4:00 a.m.
Chief Jarvies said they would be providing shuttle services from park and ride lots, and had distributed flyers to merchants and neighbors of the downtown regarding Halloween plans. He said the events boundaries would extend from the intersection of East Franklin Street and Raleigh Street to the intersection of West Franklin Street and Roberson Street. Chief Jarvies stated that South Columbia Street would also be closed to traffic from Rosemary Street to Cameron Avenue. He said that Cameron Avenue and Rosemary Street would be open to vehicular traffic, though it was likely to be congested. Chief Jarvies stated that compared to last year, this year’s perimeter was two blocks longer on West Franklin Street. He said that safety checkpoints would be in place to prevent alcohol, weapons, and other dangerous or potentially dangerous materials from being brought into the closed area.
Chief Jarvies noted that up to a dozen sets of lights would be used in areas that were less illuminated, to reduce the anonymity of darker areas. He said they would be using officers on motorcycles from neighboring agencies and the Highway Patrol, as well as mounted officers from the Fayetteville Police Department to assist with crowd control.
Mayor Foy asked about cost and times for available transit. Chief Jarvies said they would begin picking up from the four park and ride lots at 9:00 p.m. in order to prevent arrival downtown prior to the streets being closed. He said the last buses would transport until 1:30 a.m. Chief Jarvies said if there were stragglers who were stranded, Transit would work with the Police to get those people back to those vehicles. He stated that the cost would be $3 one-way, and $5 round trip.
Mayor Foy determined that the four park and ride lots were Southern Village, Eubanks Road, Friday Center, and Jones Ferry Road.
Mayor pro tem Strom commented on concerns about keeping Roosevelt Drive open. Chief Jarvies said that road had been totally blocked last year, and this year they were moving their coverage down two blocks to prevent that.
Council Member Hill had questions regarding the possibility of stopping traffic at Estes Drive and Franklin Street. Chief Jarvies said they had tried that once, in 2001, and it had not been a popular plan, so they had not done that since. Council Member Hill said he hoped that if people were able to prove that they lived at a particular address in the area, the gate monitors would allow them to pass.
Council Member Easthom said she was curious about the number of students who were included in the estimated 50,000 participants. Chief Jarvies responded that in his experience, the crowd consisted of about 10 percent students. He added that earlier in the evening they see many families, but later in the evening the crowd is primarily from outside Town.
Council Member Easthom said she wanted to highlight that this wonderful event cost the Town $220,000. She said that was a lot of money, so she hoped that many would enjoy the event. Council Member Easthom asked what the University’s role had been or would be, in terms of financial assistance or assistance from University Police. Chief Jarvies said there had been no financial assistance to date, but the University Police would normally contribute every officer not otherwise engaged. He noted that the University did pay up to 50 percent of the cost of other events, such as NCAA and ACC celebrations.
Chief Jarvies noted that some had suggested that the event be stopped. He said it would be just as expensive and just as labor-intensive to stop the event and likely more dangerous. Chief Jarvies said it would take as many officers to stop the event as it would to hold it and provide safety.
Chief Jarvies noted that the City of Madison held a similar event at a similar cost, about $225,000, and used about the same number of officers for crowd control. He said the major difference was that Madison experienced more than 400 arrests and Chapel Hill had 12. Chief Jarvies said that Madison had cars overturned and Chapel Hill had not experienced that. He added that they had officers injured, and Chapel Hill had none.
Item 7 – Update on Cable Legislation
Town Information Officer Catherine Lazorko provided a brief overview on the legislative changes regarding the Town’s ability to authorize video cable franchises. She said the legislation became effective on January 1, 2007, and placed authority to franchise with the NC Secretary of State. Ms. Lazorko said they would continue to monitor developments and review the implications of this new legislation, along with the Triangle J Council of Governments, which was also conducting a review of rights-of-way issues and is expected to produce a report shortly. She stated that Bob Sepe, the cable consultant with Triangle J, would provide a brief overview of the legislation.
Mr. Sepe provided an update of the legislation, noting that it would allow cable companies to receive a 60-year franchise through a simple filing of paperwork, and local governments would lose the right to award and renew cable franchises on January 1, 2007. Mr. Sepe said that a State franchise would be awarded immediately upon filing a Notice of Franchise with the Secretary of State. He said that the franchise would remain in effect until it expired or was terminated due to the presence of a wireline video competitor.
Mr. Sepe stated that existing local government franchises would be terminated when 25 percent of the households were passed by a second cable operation, or when the State franchised video provider passed one home, or whenever video service was offered to one home by a wireline method that did not require a State franchise.
Mr. Sepe noted that the Attorney General’s office was the agency designated to handle consumer complaints from State franchised operators, and that local governments would continue to resolve complaints until the local franchise expired or was terminated.
Regarding revenues, Mr. Sepe noted the following:
Mr. Sepe said those percentages would generate $65 million, and would generate many more millions of dollars in revenue for the State.
Mr. Sepe stated that local governments would continue to keep their PEG channels, adding that local governments without PEG channels may qualify for two or three channels based on population. He noted that counties were limited to two PEG channels.
Mr. Sepe said the revenue distribution was important:
Mr. Sepe said the existing local government PEG subscriber fee would continue until the franchise expired or was terminated. He said the local government would collect twice – once from the subscriber with funds matched by a similar amount from the State. Regarding supplemental funding features, Mr. Sepe noted the following:
Mr. Sepe said the role of government would have emphasis on utility easement management, because AT&T may finalize its purchase of BellSouth by the end of this year. He said that AT&T’s video solution, called “Project Lightspeed,” was DSL technology that used existing copper wire. Mr. Sepe said in order to do that, utility cabinets had to be placed every 3000 feet in the public utility easement, adding the cabinets were 5’ tall, 43.5” deep and 21” wide. He said that every 3,000 feet, there would be one or more of these cabinets, as well as a cabinet with a power supply and a cabinet with a backup power supply with batteries, generators and fuel.
Mayor Foy asked if local governments had to allow those cabinets every 3,000 feet, even if the right-of-way was on the street. Mr. Sepe replied yes, unless the local government had in place a right-of-way management ordinance.
Mr. Sepe said not only does the Town have to “keep our eye on the ball” regarding cable companies, but now it must have good right-of-way management ordinances in place, otherwise it may be overrun with “eyesores.” He said the Town should anticipate the worst and be prepared by reviewing existing right-of-way regulations, and modifying/adopting right-of-way utility easement management ordinances that defined regulations regarding use, the placement of aerial and underground devices and structures by power, gas, cable TV, telephone and other private utilities.
Mayor Foy asked Mr. Karpinos if there was some action the Council needed to take to stay abreast of this issue. Mr. Karpinos responded that they had a lot of work ahead of them, and they had to proceed with looking at Town ordinances and ensuring that they were protecting their right-of-ways.
Mayor pro tem Strom requested a report from the staff on the right-of-way management issue so that we can determine what steps to take so that we can remain proactive.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO REQUEST THAT STAFF BRING BACK A REPORT ON THE RIGHT-OF-WAY MANAGEMENT ISSUE, AND THAT IT BE A COUNCIL PRIORITY.
Council Member Ward offered a friendly amendment that this be considered a Council priority. Mr. Karpinos commented that the Town had some regulations in place, but one issue is that some local utility companies question whether they were obligated to enter into a franchise with the Town or respond to right-of-way regulations. He said they had struggled with that for years. Mr. Sepe said the companies did have to have some permit or agreement that allowed them access to the rights-of-way. He said that many times such companies argue that they have a State franchise and could go anywhere they want. Mr. Sepe said that was why having a permitting process and requiring the utility company to follow that process was important, and also meant that the Town would have to actively oversee and manage that process.
Mr. Karpinos said the franchise agreement would give the Town a document to look to when these kinds of issues arise. He said they had successfully entered into such franchises with utility companies in the past, but were still working with others that they had not yet been successful with.
MAYOR PRO TEM STROM ACCEPTED THE FRIENDLY AMENDMENT. THE MOTION AS AMENDED WAS ADOPTED UNANIMOUSLY (9-0).
Item 8 – Community Center
8.1 Acceptance of Bids for Community Center System Replacement and Repairs Project.
Internal Services Superintendent Bill Terry stated they were recommended adopt of Resolution A, which would award the bid for this project to Lomax Construction, Inc. in the amount of $1,950,500. He said that Lomax Construction was the lowest responsive bidder for the base bid and alternates 1, 2, 3, 4, 5, and 7. Mr. Terry said they also recommended enactment of Ordinance A, which would provide an additional $350,000 for this project from the appropriated fund balance.
Mr. Terry said that because this was a negotiated bid with the lowest responsive bidder, they have worked with them to identify cost reductions of 206,800 which we were electing to take. He said the scope of the project was quite large, noting the work included total replacement of the roof, replacement of all pool mechanical systems replacement of the air conditioning system and air-conditioning the gymnasium, replacement of the gymnasium floor, and adding a solar panel for hot water heating assistance on the roof.
Mr. Terry explained the funding for this project, noting that after deducting design fees, one percent for public art, and five percent for contingency, the available funding amounted to $1,661,900. He stated that was why the additional $350,000 was proposed to be appropriated from fund balance.
Council Member Ward asked about the Town’s ability to take something from the “add alternates” list and bid it out separately. He asked if that was likely to be competitive. Mr. Terry said he did not want to speculate about that, noting the price might go even higher.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, ADOPTION OF RESOLUTION R-12a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER THORPE MOVED, SECONDED BY MAYOR PRO TEM STROM, ENACTMENT OF ORDINANCE O-2a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
8.2 Reimbursement Resolution of Community Center
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER HILL, ADOPTION OF RESOLUTION R-13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)
Item 9 – Review of Budget Process
Town Manager Roger Stancil explained that the budget review process needed review, and he hoped to begin that review with the Council and key staff very soon. He said he would begin working with Tim Dempsey to design a process that would allow them to review the budget process in a joint manner with the Council and key staff so that it reflected everyone’s interests.
Mayor pro tem Strom commented that the Council was looking forward to seeing that come about.
Item 10 – Appointments
10.1. Joint Orange-Chatham Community Action, Inc.
Council Member Kleinschmidt asked Mayor pro tem Strom to describe the obligations necessary to serve on the JOCCA board. Mayor pro tem Strom responded that it met once a month, on a Thursday afternoon at 4 p.m. He said they sometimes met in Orange County and sometimes in Chatham County. Mayor pro tem Strom said the meetings usually met for two to three hours, with a moderate amount of materials available to members prior to the meetings. He said the meetings required a few hours of preparation each month.
Mayor pro tem Strom noted that JOCCA had full-time staff who were very helpful. He said serving on the board was a significant obligation, but was not as significant as serving on the TTA.
Mayor Foy asked if it were possible to appoint a citizen to serve on the Council’s behalf. Mayor pro tem Strom said he believed so, but perhaps they should invite someone from JOCCA to attend a Council meeting to talk about their work.
Mayor Foy agreed, and asked the Manager to arrange for a JOCCA represent to provide a report to the Council on its activities.
10.2. North Carolina League of Municipalities Delegate.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER GREENE, ADOPTION OF RESOLUTION R-15, WITH COUNCIL MEMBER HARRISON’S NAME INSERTED AS DELEGATE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Planning Board.
The Council appointed David Johnson to the Planning Board.
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Planning Board |
Foy |
Easthom |
Greene |
Harrison |
Hill |
Kleinschmidt |
Strom |
Thorpe |
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Vote For 1 Applicant |
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Valerie Bateman |
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Loren Berlin |
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Dale Coker |
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David Johnson |
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Martha Hoylman |
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Rick Mechanic |
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Walker Rutherfurd |
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Laura Sandt |
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Kevin Wolff |
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Other; please list: |
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Item 11 – Petitions
11.1. Resolution in Support of Bringing the Shearon Harris Nuclear Plant into Compliance with Federal Fire Safety Regulations.
Mayor Foy explained that the resolution asked that the U.S. Nuclear regulatory Commission (NRC) immediately suspend Shearon Harris’s license until all fire safety violations were corrected, or to fine Shearon Harris $130,000 for each violation each day it operated until compliance with current law was verified by NRC, without relying on regulatory bypasses such as “interim” fire watches and operator actions. Mayor Foy said this was based on the premise that the plant had operated in violation of those regulations for at least the past 14 years and as such had substantially increased the risk to the public.
Jim Warren, representing NC WARN (Waste Awareness and Reduction Network), reiterated that the plant had been in violation for the last 14 years and possibly longer. He said that fire represented 50 percent of the risk of a core meltdown at a nuclear power plant, and that assumed that the plant was in compliance with regulations. Mr. Warren said Shearon Harris was among the worst in terms of violations involving inoperable fire barriers, and instead of complying the plant used what they termed interim compensatory measures that the plant believed adequately compensated for the lack of physical fire protections, and those measures had been used for many years.
Mr. Warren said that NC WARN had been studying this problem, and over the last year had come to more fully understand the risks and mechanisms involved, and were particularly concerned that Progress Energy had applied for nine more years to correct the problems. In short, he said, the industry had vigorously lobbied the NRC to make the noncompliance retroactively legal, rather than correcting the problems. Mr. Warren said it was now very important that legal action had been filed to require that the federal government enforce its own safety rules.
Mayor Foy said the reason this was now at issue was that Progress Energy, who owned and operated Shearon Harris, had applied for permission to extend its license for another 20 years, although its current license did not expire for 20 more years. Mr. Warren said that was correct, noting that this month was the end of a regulatory window where the company was suppose to be coming into compliance with the regulations, but were instead trying to shift to a risk-informed process that would take many years to put in place. He said that Progress Energy had made known its intention to request early licensing from the NRC, which apparently would be possible even thought the plant was not in compliance with federal regulations regarding fire safety.
Mr. Warren said this was an unnecessary risk, noting many other companies had corrected such problems. He said this was a business decision that Progress Energy had made in that they had chosen not to spend the funds necessary to correct these vulnerabilities.
Mayor Foy said Progress Energy had a license to operate the plant until 2026. He said what the Council was being asked to do was to adopt a resolution requesting that the NRC not consider Progress Energy’s application to extend their license to operate to 2046 until the plant had dealt the with fire safety issues. Mayor Foy said that NC WARN and other groups had instituted legal action to try to force Progress Energy to bring Shearon Harris into compliance, but the Council would not be joining in that effort at this time.
Mayor pro tem Strom said at the Assembly of Governments meeting they had discussed having a member of this Council join members from Carrboro’s and Orange County’s boards to hold a public forum at which Progress Energy representing could talk to the public about these issues.
Mayor pro tem Strom said he understood there was an expansion of the plant being discussed that would add nuclear reactors. Mr. Warren replied that Progress Energy was in a pre-application phase where they were preparing an application that would allow them to add two nuclear reactors and two spent fuel pools. He said he believed that application would be submitted in late 2007 with a three to seven year period while the NRC reviewed that application. Mr. Warren said if the application were approved, then Progress Energy would decide if it wanted to commit the funding to make those additions.
Council Member Ward asked if the State legislator had commented on the non-compliance of Progress Energy within the State. Mr. Warren said he did not know that the entire legislature had taken this up, but there were a number of State legislators at last week’s briefing. He said this was an issue of interest to many people and groups, and this was a time that leadership was needed. Mr. Warren said that was why it was important to have the support of local governments and officials, noting this was a situation where there was an unnecessary level of risk.
Council Member Greene said she had spoken today to Aaron Nelson, Executive Director of the Chamber of Commerce, about this issue, and she had expected someone from Progress Energy to attend tonight’s meeting. Mayor Foy noted that a representative had just arrived at the meeting, and called on him to speak.
Marty Clayton, Community Relations Manager for Progress Energy, assured the Council that he would do what he could to get responses to any questions or concerns expressed.
Mayor Foy said one thing that had come up during the Assembly of Governments meeting last week was asking Progress Energy to come sit down with the Town in a public setting so that citizens and elected officials could find out more about the issues, hopefully in a non-hostile environment. He asked Progress Energy to consider participating in a public forum, so that concerns could be addressed. Mr. Clayton said he would do what he could to facilitate that discussion. He said he was confident that they were meeting standards and confident in the abilities of the 450 employees and managers of the plant.
Council Member Greene said she wanted to be sure that Mr. Clayton and Progress Energy understood what the proposed resolution before the Council asked for. She said it was not the Council calling on Progress Energy to shut down Shearon Harris, but it recounted and recited the legal actions to bring the Shearon Harris nuclear plant into compliance with federal regulations. She said it further called on the NRC to refuse to consider any “early relicensing” of the plant unless the plant had been brought into full compliance with fire regulations. Council Member Greene reiterated that Progress Energy was in no way shut out of conversations regarding these issues. Mr. Clayton stated that he worked around the plan and its employees daily, and the plant was run impeccably well.
Council Member Kleinschmidt asked Mr. Clayton if he had had a chance to see the resolution prior to this evening. Mr. Clayton said no. Council Member Kleinschmidt said he had received a call from Mr. Nelson as well, who also had not seen it. He said, Mr. Nelson had used the words “shut down the plant” in such a way as to appear to be a “crafted sound bite.” Council Member Kleinschmidt said that was not what the resolution was and it was unfortunate that it was characterized in that way. He said he supported the work of NC WARN and hoped they would continue to work with Progress Energy.
Council Member Kleinschmidt said he was disappointed because this type of misunderstanding did not help. He said it was not his or anyone else’s intension, he believed, to cast aspersions on Progress Energy or anyone working at the plant. Council Member Kleinschmidt said that all wanted to live in a safe environment, and safety regulations that were not abided by did not cause confidence but caused a sense of doubt.
Mr. Clayton clarified that his understanding of what the Council would consider tonight was the resolution proposed by NC WARN, and he had seen that particular petition.
Council Member Easthom agreed that a public forum was needed because they all had concerns, and this would be an opportunity to discuss the issues.
Ruth Spongler said she hoped that the resolution would not be voted on tonight because she had important information that needed to be shared prior to the Council’s adoption. She provided some background information on how nuclear power plants were regulated. Ms. Spongler said more data was being released regarding climate changes, and provided the Council with some charts that supported that. She described nuclear power generation in France and Italy, and spoke about the emissions in each country. Ms. Sponger asked the Council to strongly consider the fact that nuclear energy did not emit particulate material, and that countries that had encouraged nuclear industry were closer to meeting international goals.
Luceil Friedman said she and her husband had attended a meeting in Chatham County last week and listened to the facts surrounding the Shearon Harris plant. She said that nuclear meltdown was a nuclear holocaust, and the Town needed to be proactive and take this very seriously. Ms. Friedman asked the Council to take these issues seriously.
Barbara Janeway asked if NC WARN would be involved in the public forum, and if Progress Energy would participate if NC WARN were a participant.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER EASTHOM, ADOPTION OF RESOLUTION R-16.
Council Member Ward asked Mr. Clayton why he should be supportive of Shearon Harris’s request for a permit extension when they were not in compliance with federal regulations regarding fire protection and control. Mr. Clayton replied that they were meeting NRC fire safety standards through compensatory means. He stated that the regulations had changed, and what they were now doing was moving towards meeting those changed regulations. Mr. Clayton said the compensatory measures they were taking to meet the standards would allow them to come into compliance.
Council Member Ward asked if there was a date certain when compliance would be met. Mr. Clayton responded he did not have an answer, but would get one. Council Member Ward asked how long the compensatory measures had been in place, instead of make funding available to eventually meet the regulations. Mr. Clayton replied he did not know.
Mayor Foy asked, given how the Council had explained the wording of the resolution, did Progress Energy object to it? Mr. Clayton responded that, as far as the resolution, he wanted to reiterate that they were meeting the regulations at this time and the decision of the Council regarding the resolution was theirs alone.
Mayor pro tem Strom asked if Progress Energy would participate in a public forum with NC WARN and other elected bodies. Mr. Clayton stated the answer to that and other questions would be provided to the Council as quickly as possible.
Mr. Warren said that NC WARN had not called for any immediate shutdown of the plant, adding they respected and trusted the workers at the plant and salute their dedication and talent. He said their concern rested with those in management and where the money was spent. Mr. Warren said they had clearly stated that they were willing to negotiate a short timeline for Shearon Harris to come into compliance by the time of the refueling outage planned for next year.
Council Member Greene asked Mr. Warren to provide a definition of what compensatory measures meant. Mr. Warren commented that federal regulations did not allow extended use of “interim” compensations. He noted that these interim compensation measures had been used for years in place of approved fire barriers and cable separation. Mr. Warren said that fire watches had been outsourced to a company, and they had people that were fire detectors who moved about the plant to detect fires. He noted that these people were not firefighters, and worked on a six-man shift. Mr. Warren said more importantly, these fire watches were not approved for long-term use in place of fire barriers and cable separations. He said they were meant for short-term use, likely six months or less, as a set of “extra eyes” during welding and similar operations going on at the plant that might need extra protection. Mr. Warren aid the fire watches were never meant to substitute for permanent barriers or other physical measures.
Mr. Warren said he did not agree with the characterization that the regulations had changed. He said the industry had lobbied for changes but had failed. Mr. Warren explained various procedures used to remotely shut down certain equipment and mechanisms, noting that if that remote ability was not possible, then an operator had to physically and manually perform those tasks, which amounted to about 55 actions. He said that had never been approved or validated by the NRC, yet here is a plant that relies on those types of measures.
Mr. Clayton said it was important to mention that as an elected body, the Council had the opportunity to come and meet the management team, visit the plant, and see things that normal citizens would not be allowed to see. He extended the opportunity to the Council to take a tour and see firsthand how the plant was operated.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Foy requested that a Manager and Attorney make sure a copy of the adopted resolution was forwarded to all interested parties.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER GREENE, THAT THE MAYOR ORGANIZE A PUBLIC FORUM ON THE ISSUES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
11.2 Sister City Status with Guro District, Republic of Korea.
Mayor Foy stated that the group was seeking friendship with the Town, commemorating their visit here. He proposed that the best way to do that was through the formal Sister City procedures, but said that was not what this group was seeking. Mayor Foy said right now they wanted to visit Chapel Hill and have a document that commemorated the visit and the intention to remain friends.
Mayor Foy said the visit was scheduled for October 10, and he would notify the Council of any planned events.
Council Member Ward said there was interest in having the delegation visit the Botanical Garden, so a short tour had been planned and the Council was welcomed and encouraged to attend.
The Council agreed by consensus that the Mayor would prepare a document to that effect.
11.3 Internship Program to the Council.
Council Member Thorpe stated that 10 applications had been received and he was seeking a way that interns could be selected and hired.
Mayor Foy said at issue was how the interns would be selected.
Mayor Foy appointed Council Members Thorpe, Strom, Greene and Kleinschmidt to a selection team for the first semester. Council Members Harrison, Ward, Easthom and Hill were appointed for the second semester. Mayor Foy requested that the first team move forward and make selections.
Council Member Thorpe said he would like to work with the Town Attorney on setting guidelines for selection.
The Council agreed by consensus to proceed with the selections as proposed.
11.4 Request from the Mayor of Lake Lure, NC, regarding Chimney Rock Park.
Mayor Foy referred to the letter and resolution from the Mayor of Lake Lure, requesting that the Council adopt a resolution that strongly urged and encouraged the State to do whatever possible and necessary to acquire Chimney Rock Park and add that acreage to the planned Hickory Nut Gorge State Park.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-17. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
11.5 United Way Harvest Festival.
Mayor Foy explained that last year the Town assisted in transporting citizens to the Festival at the RBC Center by bus, but this year the request had been received too late.
The Council agreed by consensus to direct the Manager to provide any reasonable assistance.
11.6 NC Greenpower and CRed Program.
Mayor pro tem Strom said he believed the Town should consider being a member of NC Greenpower. He noted that any consumer of electricity in the State would voluntarily sign up to be a member, and he believed the Town should consider doing that, adding it might help the Town achieve its CRed goals.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE STAFF BRING A REPORT FORWARD THIS FALL ON NC GREENPOWER AND OPTIONS FOR THE TOWN, AS WELL AS A BUDGET FOR PARTICIPATION AND ITS POTENTIAL CRed BENEFITS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Announcements
Council Member Kleinschmidt announced the NC Gay Pride Parade would take place this Saturday in Durham, noting he would be representing the Town in the parade, which was scheduled to begin at 1 p.m.
COUNCIL MEMBER GREENE MOVED THAT COUNCIL MEMBERS KLEINSCHMIDT AND THORPE BE APPOINTED AS AMBASSADORS FOR THE CHAPEL HILL CHRISTMAS PARADE, SECONDED BY COUNCIL MEMBER HILL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 12 – Discussion of Consent Agenda Items (if necessary).
The meeting was adjourned at 9:02 p.m.