Town Council
Regular MeetingChapel Hill, NC · June 12, 2019
Minutes
Town Hall
TOWN OF CHAPEL HILL 405 Martin Luther King Jr.
Boulevard
Town Council Chapel Hill, NC 27514
Meeting Minutes - Final
Mayor Pam Hemminger Council Member Nancy Oates
Mayor pro tem Jessica Anderson Council Member Michael Parker
Council Member Donna Bell Council Member Karen Stegman
Council Member Allen Buansi Council Member Rachel Schaevitz
Council Member Hongbin Gu
Wednesday, June 12, 2019 7:00 PM RM 110 | Council Chamber
Roll Call
Present: 8 - Mayor Pam Hemminger, Mayor pro tem Jessica Anderson,
Council Member Donna Bell, Council Member Hongbin Gu,
Council Member Nancy Oates, Council Member Michael
Parker, Council Member Karen Stegman, and Council
Member Rachel Schaevitz
Absent: 1 - Council Member Allen Buansi
Other Attendees
Town Manager Maurice Jones, Deputy Town Manager Florentine Miller, Assistant Town Manager
Mary Jane Nirdlinger, Town Attorney Ralph Karpinos, Police Officer Rick Fahrer, Fire Inspector,
Communications Manager Catherine Lazorko, Planning Director Ben Hitchings, Business Management
Director Amy Oland, Budget Manager Matt Brinkley, Economic Development Officer Dwight Bassett,
Community Resilience Officer John Richardson, Senior Engineering Coordinator Mike Wright, Manager
of Engineering and Infrastructure Chris Roberts, Stormwater Management Engineer Sue Burke,
Planner II Becky McDonnell, Fire Chief Matt Sullivan, Police Chief Chris Blue, Assistant Chief of Police
Jabe Hunter, Emergency Management Coordinator Vencelin Harris, Planner II Jake Lowman,
Manager's Office Intern Maggie Bailey, and Communications and Public Affairs Director/Town Clerk
Sabrina Oliver.
OPENING
0.01 Successes Video: Summer Reading Challenge 2019. [19-0576]
Mayor Hemminger opened the meeting at 7:00 p.m. and said that Council
Member Buansi was absent due to the impending birth of his child. She
introduced a "Celebrating Successes" video that highlighted the Chapel
Hill Public Library's "Reading Challenge Summer Blast" which would be
launched at the Library on Friday from 5:00-8:00 p.m.
0.02 Proclamation: Lesbian, Gay, Bisexual, Transgender, and [19-0577]
Queer Pride Month.
Mayor Hemminger pointed out that June 2019 was "Pride Month" in the
Town of Chapel Hill and that it marked the 50th anniversary of the
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Stonewall Inn uprising in NYC. That event had launched the modern day
liberation movement for LGBTQ Americans, she said.
Council Member Stegman read a proclamation reminding all of how far the
LBGTQ community had come in 50 years and how far it still had to go
toward full equality. The proclamation said that Chapel Hill had led the
state in advancing equal protection and freedom for LGBTQ people, and it
listed the policies and steps the Town had taken in that regard.
The proclamation also stated that the Council was reaffirming its
opposition to discrimination, prejudice, homophobia and trans-phobia and
would continue working for a welcoming community for all. It encouraged
all residents to celebrate the courage, perseverance and sacrifice that had
been shown on that day in 1969 and to continue being champions for
exclusivity and equality.
David Sutton, owner of Sutton and Company on Franklin Street, spoke
about the difficulty of coming out and being authentic. He said that
acceptance and continued support from the Chapel Hill community had
allowed him to flourish and grow, and he expressed gratitude on behalf of
the Town's LGBTQ community.
Sara Hancock, a Town business analyst, thanked the Council and Town
Manager on behalf of the LBGTQ Employee Resource Group and other
employees for acknowledging the LBGTQ community's contributions to the
Town. She said that she was lucky to work for an organization that valued
identities and celebrated differences and was proud of the LBGTQ
Employee Resource Group's work.
Mayor Hemminger noted that former Mayor Mark Kleinschmidt was in
attendance. She said that Pride rainbow flags were flying downtown, and
she commented on the bravery required for coming out.
PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND
PETITIONS FROM THE PUBLIC AND COUNCIL MEMBERS
Petitions and other similar requests submitted by the public, whether written or oral,
are heard at the beginning of each regular meeting. Except in the case of urgency
and unanimous vote of the Council members present, petitions will not be acted
upon at the time presented. After receiving a petition, the Council shall, by simple
motion, dispose of it as follows: consideration at a future regular Council meeting;
referral to another board or committee for study and report; referral to the Town
Manager for investigation and report; receive for information. See the Status of
Petitions to Council webpage to track the petition. Receiving or referring of a
petition does not constitute approval, agreement, or consent.
0.03 Allan Chrisman of Community Policing Advisory Committee [19-0578]
Comments Regarding Police Officer Hiring.
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Allan Chrisman, vice chair of the Community Policing Advisory Committee
(CPAC), expressed concern about the Chapel Hill Police Department's
struggle to recruit and retain officers, given the current competitive
environment. He thanked the Town Manager for adding funds to the FY
2019-2020 budget to help adjust police pay and asked the Council to
consider that.
This item was received as presented.
0.04 Elizabeth Wayne of Community Policing Advisory [19-0579]
Committee Comments Regarding Success of Committee in
Engaging with Community and Thanks to Town Council.
Elizabeth Wayne, outgoing CPAC chair, agreed with what Mr. Chrisman had
said and described how effective CPAC had been in drawing out community
feedback. She read a letter from CPAC members that recognized the
Council's support and response during recent "Silent Sam" protests.
Mayor Hemminger acknowledged that the protests had been a stressful
time for the Chapel Hill Police Department and CPAC members. She
appreciated their efforts to help the Town move forward, she said.
This item was received as presented.
0.05 Emanuel Kearney Comments Regarding Master Leasing [19-0580]
Program.
Emanuel Kearney, recipient of the Town's master leasing program with
Grubb Properties and Community Home Trust, praised the experience. He
especially appreciated the kindness and commitment of Community Home
Trust Executive Director Robert Dowling, Glen Lennox Apartments Property
Manager Trisha Selby, and the Chapel Hill Housing Department's Loryn
Clark and Faith Thompson.
This item was received as presented.
0.06 Aaron Nelson Request Regarding Short Term Rentals. [19-0581]
Aaron Nelson, president and CEO of the Chapel Hill-Carrboro Chamber of
Commerce, spoke on behalf of a Chamber/CHALT/hoteliers group called
The Coalition for Neighborhood Protection and Fair Competition. He
introduced their petition regarding short-term rentals and explained that
having 300 units making $6 million per year and growing rapidly in town
had led the coalition to ask about applicable rules. Mr. Nelson asked the
Council to direct staff to begin creating a fair and reasonable regulatory
framework and to task an advisory group to help with that.
A motion was made by Council Member Parker, seconded by Council Member
Schaevitz, that this Petition be received and referred to the Town Manager
and Mayor. The motion carried by a unanimous vote.
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0.07 Julie McClintock Regarding Short Terms Rentals Petition. [19-0582]
Julie McClintock, representing CHALT (Chapel Hill Alliance for a Livable
Town), said that all of the coming and going and parking could be
problematic for those living near short-term rental properties. In addition,
the explosion in the number of those units had affected affordable
housing, she said. Ms. McClintock pointed out that the coalition had
included a new approach to regulation in its report.
This item was received as presented.
0.08 Mark Sherburn Regarding Short Term Rentals Petition. [19-0583]
Mark Sherburn, general manager at Carolina Inn, said that the impact of
short-term rentals had been equivalent to adding two new hotels in Town.
He said that investors had been buying homes, condos and townhouses
and renting them out. The hotel community was asking for a level playing
field that would require those businesses to pay occupancy taxes, undergo
inspections, have insurance, and be health and safety compliant, he said.
Mayor Hemminger pointed out that the issue was on the Council's June
19th agenda.
This item was received as presented.
0.09 Susan Smith of the Historic District Commission Comments [19-0584]
Regarding Appointments.
Susan Smith, a Historic District Commission (HDC) member, emphasized
the importance of institutional memory and urged the Council to make
some re-appointments when voting for new HDC members.
This item was received as presented.
1. West Saint Mark Church of Christ (Disciples of Christ) Request [19-0541]
for the Town Council to Waive any Final Application Fees
Associated with Construction of a Church Sanctuary at 7708
Rogers Road.
Dr. Timothy Peppers, representing West Saint Mark Church of Christ,
discussed his request for a waiver of final construction fees for a small
chapel on Rogers Road. Having to pay that fee would reduce his ability to
do the necessary work and would place a hardship on his small
congregation, he said. Dr. Peppers pointed out that the Planning
Commission had recommended that the Council consider granting a
waiver.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Schaevitz, that this Petition be received and referred to the Town
Manager and Mayor. The motion carried by a unanimous vote.
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ANNOUNCEMENTS BY COUNCIL MEMBERS
1.01 Mayor Hemminger Regarding East Chapel Hill High School [19-0585]
Soccer Team.
Mayor Hemminger congratulated the Chapel Hill Girls Soccer Team for its
AAA state victory on May 25. She said that Carrboro High School’s girls
team had won its AA division as well.
1.02 Mayor Hemminger Regarding Community Tree Committee. [19-0586]
Mayor Hemminger announced that the Community Tree Committee would
hold its first meeting at 5:45 p.m. on June 18th at the Southern Human
Services Center. The goal would be to establish a group of volunteers and
engage the entire community in replanting trees, she said.
1.03 Mayor Hemminger Regarding Food for Summer. [19-0587]
Mayor Hemminger noted that Food for Summer would begin again on June
17. It was a program in which volunteers delivered food to the more than
3,300 children who normally receive free or reduced lunches at school, she
said. Information was available on the Town's website, said Mayor
Hemminger.
CONSENT
Items of a routine nature will be placed on the Consent Agenda to be voted on in a
block. Any item may be removed from the Consent Agenda by request of the Mayor
or any Council Member.
Approval of the Consent Agenda
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Schaevitz, that R-1 be adopted, which approved the Consent Agenda.
The motion carried by a unanimous vote.
2. Approve all Consent Agenda Items. [19-0542]
3. Adopt the Financial Policy Guidelines. [19-0543]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
4. Approve Chapel Hill Transit’s Title VI Program. [19-0544]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
5. Adopt a Calendar of Council Meetings through December 2019. [19-0545]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
6. Adopt Minutes from February 28, 2018, and April 18, and 25, [19-0546]
2018 and May 2, 9, and 23, 2018 and June 13, and 20, 2018
Meetings.
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This resolution(s) and/or ordinance(s) was adopted and/or enacted.
INFORMATION
7. Receive Upcoming Public Hearing Items and Petition Status [19-0547]
List.
This item was received as presented.
8. Receive Proposed Affordable Housing Bond Funding Process [19-0548]
Overview.
This item was received as presented.
DISCUSSION
9. Consider Proceeding with the Updated Proposal for Steps to [19-0549]
Begin Addressing Coal Ash Clean-up at the Police Station
Property.
Community Resilience Officer John Richardson gave a PowerPoint update
on steps the Town was taking to clean up coal combustion products
(CCPs) at the Chapel Hill Police Department (CHPD) headquarters. He
showed a diagram and photos of the 10-acre property at 828 Martin Luther
King Jr. Boulevard and described the surrounding properties. He then
discussed the Town's efforts to contain the area and minimize erosion
through the use of silt fences.
Mr. Richardson asked the Council to consider a budget of $246,000 to
begin clean-up and continue managing and monitoring CCPs in an area
close to Bolin Creek. He reviewed the measures described in the report
and said that the plan was expected to last three to five years.
Consultant David Dunkley provided background information on the site,
which had been used as a fill area in the 1950s through 1970s. He said
that the Town had acquired it in 1980 and built the CHPD and parking lots
over it without knowing the contamination was there. He explained how
he had conducted a risk assessment and developed measures to protect
public safety and health while the Town determined how to relocate the
CHPD.
Mr. Dunkley said that he had been working with Justin Ballard, an engineer
with Hart & Hickman, to develop interim measures that would keep the
Bolin Creek greenway trail open but protect citizens. These included
removing about a thousand tons of soil, installing signage along the trail,
adding silt fencing, and doing periodic inspections and sampling of the
area, he said. Mr. Dunkley outlined a process that would lead to a final
risk assessment report in the fall of 2019.
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Mr. Richardson said that the original goal had been to address the entire
site, but staff had decided to focus on the area long Bolin Creek until a
new location for the CHPD had been determined.
Council members asked about the process for soil removal, the frequency
of inspections, the potential for additional sampling, and the efficacy of
silt fencing. Mr. Dunkley described a two-week soil removal process in
which dust would be kept at a safe level and contaminated soil taken to
another location off site. After the area had been replaced with clean fill,
super silt fencing would be used in some locations and that would be
visually monitored, he said. The Council confirmed with him that his firm
had tested the air inside the police station and had not found concerning
levels of radon.
Mayor pro tem Anderson verified with Mr. Richardson that staff would have
a time-frame for big picture plans, such as future use of the property once
a decision about relocating the CHPD had been made. The 3-5 year goal
was to develop a plan for full remediation while monitoring the trail to
ensure that it remain safe over that time-frame, he said.
Andrew Frank, an intern with Southern Law Center, warned that additional
contamination would occur despite interim measures until the coal ash
cliff was removed. The proposed silt fencing was inadequate, he said, and
he recommended that the Town require at least quarterly sampling and
monitoring of the site. Mr. Frank urged the Council to begin setting funds
aside for removing CCPs from the embankment.
John Wagner, a Chatham County resident, recommended using multiple
layers of super fencing to help prevent erosion during massive storms. He
agreed with Mr. Frank's recommendations and expressed opposition to the
idea of shipping contaminated materials off to another community. Mr.
Wagner said that contaminated material should be fully encapsulated on
site and that the Town should also stop the University of North Carolina
(UNC) from burning fossil fuel.
Pamela Shultz, an environmental chemist/engineer representing the
Stormwater Advisory Board, petitioned the Council to take immediate
action to have the material along Bolin Creek Trail removed and properly
disposed of offsite while considering interim and permanent solutions.
She said that silt fencing was inadequate protection and that blended
sampling did not necessarily catch hot spots here and there. Ms. Shultz
said that she had observed leaves coated with some type of material and
that not sampling the top of the soil could mean missing something.
Joe Alexander, a Chapel Hill resident and expert in groundwater
contamination assessment, said that the proposed interim measures
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made technical sense. However, he had prepared an unsolicited proposal
regarding his patented technology to divert, capture and treat
groundwater contaminants in situ, he said. Mr. Alexander said that his AI
Remedial Systems alternative would complement the proposed measures
and not cost as much as other long-term alternatives.
Julie McClintock, representing Friends of Bolin Creek, spoke in favor of
requiring regular inspections at the coal ash embankment and performing
additional sampling of the top two inches of soil. She recommended that
the Council have staff provide options regarding levels of risk before the
consultants completed their full risk assessment.
The Council confirmed with Mr. Dunkley that there had been no evidence
through testing that coal ash had migrated to a significant degree, over
40 years, despite record amounts of heavy rain. They confirmed with
Town Attorney Ralph Karpinos that the Town was not ready to make a
determination about having those responsible for the contamination
contribute to the cleanup. Council Members expressed concern about the
environmental justice issue of shipping hazardous waste off site, and Mr.
Dunkley agreed that the solution needed to be one that looked at such
factors.
In response to Council questioning, the consultants said that more super
fencing would not necessarily work better. Mr. Ballard pointed out that
fencing would be inspected, maintained, and repaired as needed. More
fencing could always be added, he said.
Mayor pro tem Anderson advocated for putting funds away toward an
ultimate future fix and asked that quarterly reports be provided to the
Council. She stressed the importance of transparency and said she
wanted to know if there were ways to shore up the 40-foot cliff.
Council Member Oates asked about the dust on leaves that Ms. Schultz
had mentioned, but no one else had observed that.
A motion was made by Council Member Parker, seconded by Council Member
Stegman, that the Town proceed with the plan, as recommended. The
Council added the following caveats: some level of additional soil sampling be
done on a regular basis (at least every six months and after every major storm
event), and the first sampling include analysis of the top leaf layer. The Town
will post the results on the Town website. The motion carried by a unanimous
vote.
10. Consider the Final 2019-20 Budget and Related Items. [19-0550]
Town Manager Maurice Jones presented the $116 million FY 2019-20
budget for adoption. It included no significant reductions to core services
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and it addressed the Council's strategic priorities, he said. It proposed no
property tax increases associated with the General Fund or Transit Fund,
but did include a 1.6 cent increase in the Debt Service Fund, Mr. Jones
said, noting that the increase would help pay for the $10 million
Affordable Housing Bond and general obligation bonds that the Town had
approved in the past. The budget invested in environmental sustainability
and included $246,000 for coal ash remediation and $50,000 to start a
climate action plan, he pointed out.
Mr. Jones noted that changes from an earlier presentation included
increases in allocations for the Food Kitchen, Community Home Trust,
Project to End Homelessness, and Downtown Partnership. It added
Community and Cultural Arts funding for a housing locator position at
Orange County and for videography services for the Town, he said. Mr.
Jones proposed that the Council and staff discuss next steps in developing
a five-year budget strategy in the fall.
Council Member Stegman asked about the legality of charging a new fee
for records research requests, and Mr. Karpinos replied that a reasonable
fee based on the cost of technology and personnel providing the service
was allowed. In recent years, the Town had spent dozens of hours
collecting and providing public records in response to requests and staff
was attempting to establish a policy for assessing those costs, he said.
Mayor Hemminger commented that the issue could be revisited if there
were questions about it.
Council Member Stegman asked that the fee for domestic partnership
registration be lowered, and Mr. Jones replied that the fee was
comparable to other towns in the area. However, he could recommend a
different fee for consideration if the Council was amenable to that, he
said.
Council Member Gu and Mr. Jones discussed the longer term budgeting
process and the need to explore additional approaches to balancing the
budget.
Council Member Schaevitz asked about the strategy for Cultural Arts and
Community funding, and Mr. Jones replied that $23,500 had been put
aside to meet the needs of four cultural arts related requests that had
come through the Human Services Advisory Board. Money had been put
aside for that in the budget and staff would return to the Council next
year with a process for ranking and rating arts and culture projects, he
said.
The Council and Mr. Jones discussed having the Human Services Advisory
Board review applications earlier in coming years and the need for it to
receive good quality direction from the Council.
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A motion was made by Mayor pro tem Anderson, seconded by Council
Member Parker, that O-1 be enacted. The motion carried by a unanimous
vote.
11. Consider an Application for Zoning Atlas Amendment - Fire [19-0551]
Station Training Center, 6902 Millhouse Road.
Planner Becky McDonnell gave a brief PowerPoint presentation on an
application to rezone property on Millhouse Road from Mixed Residential 1
to Office Institutional 1 to accommodate a fire station training center.
She recommended that the Council open and close the public hearing,
adopt the Resolution of Consistency, and enact Ordinance A, approving
the rezoning.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Schaevitz, to close the public hearing and adopt R-6. The motion
carried by a unanimous vote.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Stegman, that R-7 be adopted. The motion carried by a unanimous
vote.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Schaevitz, that O-2 be enacted. The motion carried by a unanimous
vote.
12. Open a Public Hearing and Consider a Glen Lennox [19-0552]
Performance Incentive Agreement.
Economic Development Officer Dwight Bassett outlined a proposed $2.2
million incentive agreement with Glen Lennox developer Grubb Properties
under an incentive policy that the Council had adopted in March 2018. He
explained how the office market in Town had fluctuated from 1969 to 2010
and been stagnant since 2010. The proposed performance-based
incentive for 480,000 square feet of office space included a tax rebate for
five years (2021-2026) and called for annual reports to the Council, Mr.
Bassett said. He recommended that the Council consider approving
Resolution 9, which would authorize execution of the economic incentive.
Council Member Gu expressed concern about the constitutionality of the
incentive and asked how staff was making the case that the $2.2 million
would be used for public benefit.
Mr. Karpinos explained that the agreement would lead to the creation of a
space that would provide an opportunity for more jobs and a greater tax
base in the long run. For five years, the incentive would be equal to the
amount of tax money that Grubb Properties would pay the Town, and the
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Town would receive tax revenue after the five-year period ended, he said.
Council Member Gu replied that it could be argued that all businesses that
pay taxes are for public benefit. Moreover, the Town would also have the
expense of providing services, she pointed out.
Mr. Karpinos said that the Council would need to make that policy
decision. If the decision were challenged, the courts would determine
whether the proposal was constitutional or not, he said.
Council Member Gu asked if any other North Carolina government entity
had given economic incentives to Real Estate developers, and Mayor
Hemminger replied that communities in North Carolina had done a lot of
that. She said that the state's economic officer had provided information
at a recent Conference of Mayors meeting on how to do it. Under the law,
towns were allowed to have such agreements for up to a seven-year
period, she said.
Council Member Gu said that people at the UNC School of Government had
pointed out a distinction between a Real Estate developer and other
industries. Real Estate development was speculative and may not be able
to create jobs, she said. Council Member Gu said that she wanted the
Council to understand what it was doing.
Mr. Bassett pointed out that the Town had been discussing an incentive
policy for several years before finally adopting it, but Council Member Gu
repeated her concern about the speculative component with Real Estate
development.
Mayor Hemminger argued that incentivizing a commercial building, which
would provide property taxes to the Town, was far less risky than trying to
incentivize a company that may or may not come to Chapel Hill or might
leave. Those Glen Lennox buildings would remain for at least 60-80 years
and that office space would generate increased property taxes regardless
of whether or not if filled up, she pointed out. Mayor Hemminger said that
it was Grubb Properties that was taking the risk.
Molly McConnell, a 20-year resident of Glen Lennox Apartments, asked the
Council to approve the incentive, not only because of the job potential but
because of all that Grubb Properties had done to support the residents
who live there. She said that Clay Grubb had a long-term commitment to
Glen Lennox and to the Town and that not going forward with the
agreement would penalize those who live at Glen Lennox.
Aaron Nelson thanked Mr. Bassett for his leadership and creative ideas
and praised the Council for considering the incentive plan. He said that
the Town needed office space and noted that Strata Solar, for example,
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had located its headquarters in Durham because it had not been able to
find space in Town. He explained how the Town's proposal mitigated risk
and said that the worst case scenario would be that the building would sit
empty while the Town collected taxes year after year.
Council Members Stegman, Anderson, Oates and Parker expressed support
for the plan and praised Mr. Bassett for the achievement.
Council Member Parker said that having ground floor retail should not
count against the developer, and Mayor Hemminger proposed changing the
word "office" to "office/retail".
Mr. Bassett suggested allowing up to 10 percent of each office building to
be retail.
Council Member Bell proposed finding ways to incentivize the entire
development in order to make it a residential and economic hub.
Council Member Oates asked if allowing 10 percent retail might set a
precedent for other developers, such as those in the Blue Hill District.
Mr. Karpinos replied that the Council would make a policy decision
regarding that if such a project came along. Approving the agreement
with Glen Lennox would not set a binding precedent for the future, he
said.
Mayor Hemminger predicted success and characterized the plan as a
win/win/win for the community. The Council voted (7-1) to approve R-9,
as amended. Council Member Gu explained that her negative vote was
based on what she had heard from the School of Government regarding
better ways to support projects.
A motion was made by Council Member Bell, seconded by Mayor pro tem
Anderson, that R-9 as amended be adopted. The motion carried by the
following vote:
Aye: 7 - Mayor Hemminger, Mayor pro tem Anderson, Council Member
Bell, Council Member Oates, Council Member Parker, Council
Member Stegman, and Council Member Schaevitz
Nay: 1 - Council Member Gu
13. Open the Public Hearing and Consider Renaming the Portion of [19-0553]
U.S. Highway 15-501 South between Fordham Boulevard (NC
54) and Dogwood Acres Drive to “South Columbia Street.”
Senior Engineering Coordinator Michael Wright presented a request to
rename a portion of U.S. Highway 15-501 to South Columbia Street. He
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reviewed the process for renaming arterial collector streets and showed
the area on a map. The reason for the renaming was to eliminate address
confusion when using the GPS navigation system, Mr. Wright said. He
recommended that the Council close the public hearing and adopt the
resolution to rename.
Council Member Oates verified with Mr. Wright that staff would notify all
Town and local agencies of the change and would update the Town's GIS
system.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Parker, to close the Public Hearing and adopt R-10. The motion
carried by a unanimous vote.
14. Municipal Services Center Project Update. [19-0554]
Assistant Police Chief Jabe Hunter told the Council about a potential
partnership for locating a new Municipal Services Center (MSC) at 201
South Estes Drive (University Place). The MSC would include the CHPD,
Fire Administration, Parks & Recreation Administration, portions of
Housing and Community, Wellness, Ombuds, Technical Solutions, and
meeting space, he said. Officer Hunter emphasized the site's central
location and said that the space appeared to be adequate and would save
on cost and speed of construction.
Officer Hunter pointed out that the Town had other successful
partnerships with Ram Development. He asked for Council feedback and
for approval of Resolution 11, which would authorize the Manager to
explore a business arrangement and options for approval under the Town's
Land Use Management Ordinance.
The Council was generally supportive, but some raised questions about
the nature of the lease and the potential for flooding, and they stressed
the need to negotiate carefully.
A motion was made by Council Member Parker, seconded by Council Member
Oates, that R-11 be adopted. The motion carried by a unanimous vote.
15. Presentation on the Town’s Stormwater Program and Projects. [19-0555]
Manager of Engineering and Infrastructure Chris Roberts gave a
PowerPoint presentation on services that the Stormwater Department had
been providing since 2004. These included stormwater maintenance,
studies and technical reviews, developing and managing capital
improvement projects, and providing educational opportunities and
technical assistance to residences and businesses.
Mr. Roberts discussed recent capital projects and explained how staff
monitored and analyzed run off, targeted poor water quality for
improvements, protected stream buffers, and used information to
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investigate possible sources of pollution. He listed projects with approved
funding. Increasing storage and floodplain volume at the Elliott Road
Storage Facility had the highest priority and would begin in the summer of
2019 and would be followed by Lake Ellen and Eastwood Lake projects, he
said. Mr. Roberts presented a video, called "Protecting Our Watersheds",
which traced the flow of rainwater down to Jordan Lake and explained
what stormwater management entailed.
Council Members asked about actions taken to address flooding at
Eastgate during a recent hurricane. They also asked about Town versus
property owner responsibility for mitigating flooding and the effect of
excavation on water flow.
Mr. Roberts explained that there were not many engineering options for
handling large flooding events, such as hurricanes. With regard to
mitigation, new developments must meet the Town's flood ordinances and
staff was willing to offer advice to people experiencing flooding in their
homes, he said. Mr. Roberts said that the Elliott Road excavation was
meant to slow water down by spreading it out over a larger area.
Mr. Roberts said he had discovered that there had been conflicting stories
about whether or not the Cultural Arts Commission intended to use its
Percent for Art funds at the Elliot Road Storage project and offered to
clarify that.
Mayor Hemminger said, in summary, that the Town was currently
increasing capacity in two storage areas, creating a new one, and cleaning
out culverts. She noted the lack of an educational component that would
alert homeowners to what they could do to reduce the amount of rain
coming off their roofs. "Slow it down, spread it out, and sop it up", she
said. Mayor Hemminger noted that Durham had given spreaders to
residents and asked them to disconnect their downspouts.
Stormwater Analyst Sue Burke said that recommendations for
"neighborhood retrofits" were included in the Lower Booker Creek
Subwatershed report and in the Eastwood Lake study. The Eastwood Lake
neighborhood probably would be doing some demonstration projects, she
said. Ms. Burke explained that residents' roof drains had been
disconnected with changes the Council had made several years back and
that water was no longer allowed to run into the ground or stream.
Mayor Hemminger proposed figuring out how to educate people and
perhaps get a grant for items such as spreaders.
Council Member Stegman said that the Stormwater Advisory Board
probably would be thrilled to be engaged in education and outreach.
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Town Council Meeting Minutes - Final June 12, 2019
Mayor Hemminger proposed putting the video and information just
presented on the Town’s website. She said that she had asked the
Stormwater Board to look at Raleigh’s Green Infrastructure Program to see
if the Town could glean anything from that.
This item was received as presented.
APPOINTMENTS
16. Appointments to the Chapel Hill Public Library Advisory Board [19-0556]
The Council reappointed Dawn Rivers and Judson Williamson to the Chapel
Hill Public Library Advisory Board.
17. Appointment to the Orange County Climate Committee. [19-0557]
This item postponed to a future date.
18. Appointments to the Community Policing Advisory Committee. [19-0558]
The Council appointed Michelle Cassell, Paris Miller, Bill Murray, and
Joshua Romero to the Community Policing Advisory Committee.
19. Appointments to the Parks, Greenways and Recreation [19-0559]
Commission.
The Council reappointed Jeanette Bench and Wesley McMahon and
appointed William Kaiser to Town Resident seats on the Parks,
Greenways, and Recreation Commission. The Council also appointed Jeff
Hall to the Cemetery Champion seat on the Parks, Greenways, and
Recreation Commission.
20. Appointments to the Historic District Commission. [19-0560]
The Council appointed Diane Kunz, Nancy Mccormick and Angela Stiefbold
to the Historic District Commission.
21. Appointments to the Transportation and Connectivity Advisory [19-0561]
Board.
The Council reappointed Susanne Kjemptrup-Lovelace and appointed Aaron
Frank and Rudy Juliano to the Transportation and Connectivity Advisory
Board.
ADJOURNMENT
The meeting was adjourned at 11:01 p.m.
Page 15 of 15
Agenda
Town Hall
TOWN OF CHAPEL HILL 405 Martin Luther King Jr.
Boulevard
Town Council Chapel Hill, NC 27514
Meeting Agenda
Mayor Pam Hemminger Council Member Nancy Oates
Mayor pro tem Jessica Anderson Council Member Michael Parker
Council Member Donna Bell Council Member Karen Stegman
Council Member Allen Buansi Council Member Rachel Schaevitz
Council Member Hongbin Gu
Wednesday, June 12, 2019 7:00 PM RM 110 | Council Chamber
OPENING
PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND PETITIONS
FROM THE PUBLIC AND COUNCIL MEMBERS
Petitions and other similar requests submitted by the public, whether written
or oral, are heard at the beginning of each regular meeting. Except in the
case of urgency and unanimous vote of the Council members present,
petitions will not be acted upon at the time presented. After receiving a
petition, the Council shall, by simple motion, dispose of it as follows:
consideration at a future regular Council meeting; referral to another board or
committee for study and report; referral to the Town Manager for
investigation and report; receive for information. See the Status of Petitions
to Council webpage to track the petition. Receiving or referring of a petition
does not constitute approval, agreement, or consent.
1. West Saint Mark Church of Christ (Disciples of Christ) [19-0541]
Request for the Town Council to Waive any Final
Application Fees Associated with Construction of a
Church Sanctuary at 7708 Rogers Road.
ANNOUNCEMENTS BY COUNCIL MEMBERS
CONSENT
Items of a routine nature will be placed on the Consent Agenda to be voted
on in a block. Any item may be removed from the Consent Agenda by request
of the Mayor or any Council Member.
2. Approve all Consent Agenda Items. [19-0542]
By adopting the resolution, the Council can approve various
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Town Council Meeting Agenda June 12, 2019
resolutions and ordinances all at once without voting on each
resolution or ordinance separately.
3. Adopt the Financial Policy Guidelines. [19-0543]
By adopting the resolution, the Council adopts the Financial Policy
Guidelines which includes: Debt Policy, Fund Balance Reserve Policy,
Cash Management and Investment Policy, and Other
Post-Employment Benefit (OPEB) Pre-Funding Policy.
4. Approve Chapel Hill Transit’s Title VI Program. [19-0544]
By adopting the resolution, the Council approves of Chapel Hill
Transit’s 2019 Update to its Title VI Non-Discrimination Program and
authorizes Town staff to submit the program to the Federal Transit
Administration.
5. Adopt a Calendar of Council Meetings through [19-0545]
December 2019.
By adopting the resolution, the Council adopts its meeting calendar
through December 2019.
6. Adopt Minutes from February 28, 2018, and April 18, [19-0546]
and 25, 2018 and May 2, 9, and 23, 2018 and June
13, and 20, 2018 Meetings.
By adopting the resolution, the Council approves the summary
minutes of past meetings which serve as official records of the
meetings.
INFORMATION
7. Receive Upcoming Public Hearing Items and Petition [19-0547]
Status List.
By accepting the report, the Council acknowledges receipt of the
Scheduled Public Hearings and Status of Petitions to Council lists.
8. Receive Proposed Affordable Housing Bond Funding [19-0548]
Process Overview.
By accepting this report, the Council acknowledges receipt of the
proposed process for allocating affordable housing bond funding.
DISCUSSION
9. Consider Proceeding with the Updated Proposal for [19-0549]
Steps to Begin Addressing Coal Ash Clean-up at the
Police Station Property.
PRESENTER: John Richardson, Community Resilience Officer
David Duncklee, President/Senior Hydrogeologist, Duncklee &
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Town Council Meeting Agenda June 12, 2019
Dunham, Inc.
RECOMMENDATION: That the Council proceed with the recommended
interim remedial measures outlined within the staff report and
consultant’s presentation.
10. Consider the Final 2019-20 Budget and Related Items. [19-0550]
PRESENTER: Maurice Jones, Town Manager
RECOMMENDATION: That the Council enact the 2019-20 budget
ordinance.
11. Consider an Application for Zoning Atlas Amendment - [19-0551]
Fire Station Training Center, 6902 Millhouse Road.
PRESENTER: Becky McDonnell, Planner II
a. Without objection, the revised report and any other materials
submitted at the hearing for consideration by the Council will
be entered into the record
b. Introduction and revised recommendation
c. Presentation by the applicant
d. Comments from the public
e. Comments and questions from the Mayor and Town Council
f. Motion to adjourn the Public Hearing
g. Motion to adopt the Resolution of Land Use Plan Amendment
h. Motion to adopt the Resolution of Consistency with the
Comprehensive Plan
i. Motion to enact an Ordinance to rezone the property.
RECOMMENDATION: That the Council continue and close the public
hearing, adopt the Resolution of Land Use Plan Amendment and the
Resolution of Consistency with the Comprehensive Plan, and enact
Ordinance A, approving the application.
12. Open a Public Hearing and Consider a Glen Lennox [19-0552]
Performance Incentive Agreement.
PRESENTER: Dwight Bassett, Economic Development Officer
a. Comments from the public
b. Comments and questions from the Mayor and Town Council
c. Motion to adjourn the public hearing
d. Motion to adopt the resolution authorizing the incentive
agreement.
RECOMMENDATION: That the Council open the public hearing,
receive comments, and authorize the Incentive Agreement with
Grubb Properties for a $2.2 million based on Council’s previous
authorization to proceed with draft agreement in March 2019 and
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Town Council Meeting Agenda June 12, 2019
conversations with the Council Committee on Economic
Sustainability in April, September, December of 2018, February of
2019.
13. Open the Public Hearing and Consider Renaming the [19-0553]
Portion of U.S. Highway 15-501 South between
Fordham Boulevard (NC 54) and Dogwood Acres Drive
to “South Columbia Street.”
PRESENTER: Mike Wright, Senior Engineering Coordinator
a. Introduction and recommendation
b. Comments from the public
c. Comments and questions from the Mayor and Town Council
d. Motion to adjourn the public hearing
e. Motion to adopt the resolution, approving the renaming.
RECOMMENDATION: That the Council open the Public Hearing, close
the Public Hearing, and adopt the Resolution to rename the portion
of U.S. Highway 15-501 South between Fordham Boulevard (NC 54)
and Dogwood Acres Drive to “South Columbia Street.”
14. Municipal Services Center Project Update. [19-0554]
PRESENTER: Mary Jane Nirdlinger, Assistant Town Manager
RECOMMENDATION: That the Council receive this information and
authorize the Town Manager to explore a business arrangement and
options for approval under the Town’s Land Use Management
Ordinance.
15. Presentation on the Town’s Stormwater Program and [19-0555]
Projects.
PRESENTER: Chris Roberts, Manager of Engineering and
Infrastructure
RECOMMENDATION: That the Council receive the presentation.
APPOINTMENTS
16. Appointments to the Chapel Hill Public Library [19-0556]
Advisory Board
17. Appointment to the Orange County Climate [19-0557]
Committee.
18. Appointments to the Community Policing Advisory [19-0558]
Committee.
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Town Council Meeting Agenda June 12, 2019
19. Appointments to the Parks, Greenways and [19-0559]
Recreation Commission.
20. Appointments to the Historic District Commission. [19-0560]
21. Appointments to the Transportation and Connectivity [19-0561]
Advisory Board.
REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT,
PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS
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