Town Council
Regular MeetingChapel Hill, NC · January 22, 2020
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 Tai Huynh
Mayor pro tem Michael Parker Council Member Amy Ryan
Council Member Jessica Anderson Council Member Rachel Schaevitz
Council Member Allen Buansi Council Member Karen Stegman
Council Member Hongbin Gu
Wednesday, January 22, 2020 7:00 PM RM 110 | Council Chamber
Roll Call
Present: 9 - Mayor Pam Hemminger, Mayor pro tem Michael Parker,
Council Member Allen Buansi, Council Member Hongbin Gu,
Council Member Rachel Schaevitz, Council Member Karen
Stegman, Council Member Jessica Anderson, Council
Member Tai Huynh, and Council Member Amy Ryan
Other Attendees
Town Manager Maurice Jones, Deputy Town Manager Florentine Miller, Town Attorney Ralph
Karpinos, Police Officer Rick Fahrer, Fire Marshal Tommy Gregory, Communications Manager
Catherine Lazorko, Interim Planning Director Judy Johnson, LUMO Project Manager Alisa Duffey
Rogers, Principal Planner Corey Liles, Fire Chief Matt Sullivan, Community Resilience Officer John
Richardson, Police Crisis Unit Supervisor Megan Johnson, Business Management Director Amy Oland,
Police Officer Rick Fahrer, Crisis Counselor Beth Vazquez, Fire Department Assistant Chief Stacey
Graves, and Deputy Town Clerk Amy Harvey.
OPENING
0.01 Proclamation: Matt Sullivan Day. [20-0089]
Mayor Hemminger called the meeting to order at 7:00 p.m. and read a
proclamation for retiring Fire Chief Matt Sullivan. The Mayor presented
Chief Sullivan with a key to the city and read about the variety of services
he had provided to the Town since 1988. These included positions as
police attorney, emergency manager, counselor, and fire chief. The
proclamation declared January 29, 2020 to be Matt Sullivan Day in Chapel
Hill and urged citizens to show appreciation for all that Chief Sullivan had
done for the community.
Council Member Gu arrived at 7:03 p.m.
Chief Sullivan said that it had been a privilege to serve and that he
greatly appreciated the recognition. He gave credit to those who had
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supported him over the years and said he would be working on a mass
violence response plan in conjunction with the University of North Carolina
(UNC) School of Social Work.
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.
ANNOUNCEMENTS BY COUNCIL MEMBERS
0.02 Mayor Hemminger Regarding Community Workshops for [20-0090]
Porthole Alley.
Mayor Hemminger announced that community workshops regarding
Porthole Alley would be held on January 27th and 28th at 7:00 p.m. in
Council Chambers.
0.03 Mayor Hemminger Regarding Bridgepoint Public [20-0091]
Information Meeting.
Mayor Hemminger announced a public information meeting regarding
Bridgepoint to be held on January 27th at the Seymour Center from 5:15
to 6:15 p.m.
0.04 Mayor Hemminger Regarding Assembly of Governments [20-0092]
Meeting.
Mayor Hemminger said that Council Members would attend an Assembly of
Governments meeting at the Whitted Building in Hillsborough on January
28th, starting at 7:00 p.m.
0.05 Mayor Hemminger Regarding Council Closed Session. [20-0093]
Mayor Hemminger pointed out that a Council make-up day would be used
for a closed session at 7:00 p.m.
CONSENT
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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 Council Member Anderson, seconded by Mayor pro tem
Parker, that R-1 be adopted, which approved the Consent Agenda. The motion
carried by a unanimous vote.
1. Approve all Consent Agenda Items. [20-0055]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
2. Approve the Miscellaneous Budget Ordinance Amendment to [20-0056]
Adjust Various Fund Budgets for FY 2019-20.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
3. Approve the Housing Advisory Board's Recommended Funding [20-0057]
Plan for the Affordable Housing Development Reserve.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
4. Continue the Public Hearing for the Code of Ordinances Text [20-0058]
Amendment to Chapter 11A and Land Use Management
Ordinance Text Amendment to Section 5.9 Pertaining to
Off-Street Parking and Payment-in-Lieu Policy to March 4, 2020.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
5. Authorize the Town Manager to Submit Design Work to NCDOT [20-0059]
for the West Franklin Street Lane Reallocation Project.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
6. Adopt Minutes from the September 25, 2019 and October 2 and [20-0060]
16, 2019 Meetings.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
INFORMATION
7. Receive Upcoming Public Hearing Items and Petition Status [20-0061]
List.
This item was received as presented.
8. Receive a Report Regarding LED Conversion Options for [20-0062]
Outdoor Lighting.
This item was received as presented.
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9. Receive Update on the Short Term Rental Task Force. [20-0063]
This item was received as presented.
DISCUSSION
10. Approve On-Street Parking Regulations in the Burch Kove [20-0064]
Neighborhood.
Fire Chief Matt Sullivan outlined a temporary solution for Burch Kove
neighborhood parking issues. He proposed that on-street parking be
limited and that parking permits be given to some residents. He
recommended that the Council enact Ordinance 4 to establish those
changes, and he described other solutions that might be implemented in
the future, if needed.
Council Member Anderson confirmed that the additional parking spaces
could be used whenever there was a need to park additional vehicles.
Kimberly Sanchez, executive director at Community Home Trust, thanked
the Town for finding a collaborative solution. She verified that clear
signage would be posted in the area.
A motion was made by Mayor pro tem Parker, seconded by Council Member
Huynh, that O-4 be enacted. The motion carried by a unanimous vote.
11. Consider Adopting a Resolution for a Path Forward Process to [20-0065]
Further Assess the Greene Tract and a Resolution Authorizing
the Town Manager to Execute an Interlocal Agreement for
Greene Tract Environmental Assessment Cost Share with
Carrboro and Orange County.
Mayor Hemminger said the MMC, mayors, managers and chairs, from
Chapel Hill, Carrboro and Orange County, had been trying to clarify terms
regarding the Greene Tract in the Rogers Road area. The amended
resolution was from Orange County and Carrboro, she said.
Interim Planning Director Judy Johnson explained elements of revised
Resolution A, which would authorize an environmental assessment, a
memo of understanding (MOU) between the three jurisdictions, and public
meetings. She said that the Town of Carrboro and the Orange County
Commissioners had both adopted the revised resolution. She noted that
revised Resolution A included agreeing to 22 acres of joint preservation, a
minimum of 16 acres for a school site/recreation facility, and 66 acres of
housing or mixed use.
Ms. Johnson provided background information on Greene Tract discussions
since 1972 and displayed a map of the 164-acre tract. She explained that
Orange County owned the northern 60 acres and that the three
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jurisdictions owned the southern 104 acres jointly. The three jurisdictions
were working toward a recombination of the total property that would
preserve the most environmentally sensitive area but were waiting for the
environmental assessment to inform those boundaries, she said.
Ms. Johnson explained that Resolution B would authorize an interlocal
agreement for the environmental assessment (EA). Based on population,
Chapel Hill and Orange County would each pay 43 percent of the EA cost
and Carrboro would paying 14 percent, she said. The Assembly of
Governments would continue discussing the Greene Tract on January 28th
and Town staff hoped to lay out a timetable for the process in February,
she said. Ms. Johnson recommended that the Council adopt revised
Resolution A and Resolution B.
Council Members confirmed that the three jurisdictions had done some
preliminary environmental work and that the proposal was for an
independent consultant to do a more extensive EA. Ms. Johnson verified
that everything would be done with joint collaboration. The Council
confirmed with her that it could take three to four months to determine
where the environmentally sensitive areas were and that staff could begin
to look at access and connectivity after that.
Mayor Hemminger said that MMC members had discussed connectivity but
had felt that the EA was needed in order to determine those locations.
Town Manager Maurice Jones said that the Assembly of Governments
would discuss the timeline at its January 28th meeting. He pointed out
that this would be a good opportunity for the Council to provide input.
The Council confirmed with Ms. Johnson that the EA would help determine
the beginning stages of a regulatory plan. They also confirmed that the EA
would yield information about areas where development could more easily
occur. However, the EA alone would not determine where specific
buildings, such as a school or housing, should go, Ms. Johnson said.
In response to Council questions, Ms. Johnson explained that it could take
up to a year to have the MOU in place. She discussed other aspects of
the project such as drafting goals and principles, which staff would be
working on in the meantime.
Council Member Ryan confirmed with Mayor Hemminger that revised
Resolution A would not prevent joint meetings from occurring even though
it states that there would be no further public engagement after the first
meeting. Mayor Hemminger explained that the MMC wanted be clear
about doing things jointly and did not want each jurisdiction to hold
separate meetings and make separate decisions.
Mayor Hemminger said that the MMC would work on goals and outcomes
at its next meeting and bring those back to all of the boards. She
believed that the MMC would move forward after hearing from the public,
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she said.
Miriam Thompson, a local community organizer, thanked the Council for
endorsing the EA, which would help inform the Town's goal of protecting
the Greene Tract's natural environment.
Abel Hastings and Delores Bailey, members of Neighbors United Around
the Greene Tract, thanked the Council for supporting community
engagement. They encouraged the Council to continue that in the spirit of
"community first planning,” and Ms. Bailey urged all to expedite the
process.
Council Member Huynh verified with Mayor Hemminger that the Town had
proposed working on the environmental assessment and MOU
concurrently. That seemed to have gotten some traction at the MMC
meeting, Mayor Hemminger said.
Council Members praised staff for including a public engagement session
after the EA, and for revising the MOU. Some asked for a quicker timeline
for the MOU, but the general consensus was that the process was moving
in a good direction.
Mayor Hemminger stressed the importance of including community-driven
goals in the process. She said that the three jurisdictions, as owners, did
not want to be the developers as well. The MMC would continue to work
on elements (such as a regulating plan) that they can show potential
partners, she said.
The Council discussed the need to be explicit and intentional in
discussions about siting buildings. They stressed the importance of
making sure that decisions are informed by the Town's land use planning.
They confirmed with Ms. Johnson that the plan was to do a connectivity
assessment after the EA, but that it might be possible to do them
concurrently. Discussions about the best site plan for all parties would
begin after all that information had been obtained, Ms. Johnson said.
Mayor Hemminger praised the community for coming together to work
toward solutions. She pointed out that the Rogers Road area had recently
been rezoned and that water, sewer, and a community center had been
added there. There was more work to do, and the goal was to stay
focused and not rehash the past, she said.
A motion was made by Council Member Huynh, seconded by Council Member
Schaevitz, that R-6 be adopted as amended. The motion carried by a
unanimous vote.
A motion was made by Council Member Buansi, seconded by Council
Member Anderson, that R-7 be adopted. The motion carried by a unanimous
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vote.
12. Authorize the Town Manager to Execute an Amended Interlocal [20-0066]
Agreement for Installation of Private Sewer Laterals for Low and
Moderate Income Homeowners in the Rogers Road Community.
Ms. Johnson introduced an amendment to an interlocal agreement for
installing sewer laterals in the Rogers Road Community. She indicated on
a map where 3.5 miles of sewer had been installed and explained that the
interlocal agreement before the Council was for connecting that to the
low-income households.
Ms. Johnson explained that the cost of connecting (estimated at $8,000 to
$9,000 per household) would be covered for those making less than 80
percent of the area median income (AMI) for the first two years, and half
of the cost would be covered in the third year. She said that staff had
also been working with Orange County regarding low- or no-interest loans
for households over 80 percent of AMI.
Ms. Johnson said that the total project cost was $220,000, with $94,600
being Chapel Hill's share. She recommended that the Council adopt a
resolution authorizing the Town Manager to execute the agreement.
Mayor Hemminger pointed out that the Council was also being asked to
extend the timeline. Only one household had signed up, and staff needed
more time to reach out to the community, she said.
Council Members ascertained from Ms. Johnson that the income
verification requirement and the $40 to $50 monthly sewer bill seemed to
be deterrents.
A motion was made by Council Member Anderson, seconded by Council
Member Stegman, that R-8 be adopted. The motion carried by a unanimous
vote.
13. Charting Our Future - Consider Amending the Project Charter. [20-0067]
Land Use Management Ordinance (LUMO) Project Manager Alisa Duffey
Rogers recommended that the Council adopt a resolution amending the
project charter to extend the LUMO rewrite schedule to 2024. The
resolution also acknowledged the expansion of the FLUM phase of the
project and changed the scope to include additional visioning and options
for implementing Town goals, she said.
Ms. Duffey Rogers gave a PowerPoint presentation that reviewed the
project's history since the Council approved its charter in 2017. She
reviewed adopted project goals, outlined three options for Council
consideration, and noted that each option would likely require more
funding than was included in the original LUMO rewrite budget.
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Ms. Duffey Rogers summarized the project schedule and recommended
that the Council adopt Option 3, which would extend the project schedule,
acknowledge the expansion of the Future Land Use Map phase, and
change the scope for rewriting the LUMO to include additional visioning
and options for implementing Town goals.
The Council confirmed with Town Manager Jones that additional funds
would probably come from the General Fund, which would be discussed
during the Council's budget deliberations, he said.
Council Member Stegman asked if there was any way to use what had
already been learned to inform the next phase. She asked if strategies
could be more targeted so that staff could hear from community groups
who do not always comment.
Ms. Duffey Rogers replied that Option 3 would include holding four
charrettes on the vision for each focus area. She hoped those charrettes
would yield a better vision without repeating what had already been done,
she said.
In response to questions from Council Members, Ms. Duffey Rogers said
that the Council could direct an amalgamated option that would include
aspects of all three. She explained that "visioning exercises" in Option 3
meant the process of defining a "place" in each of the six focus areas.
Ms. Duffey Rogers explained that about 1/4 of the $650,000 cost of Option
3 would be for the charrettes and the remainder would cover text
revisions. The Council confirmed with Mr. Jones that costs would be
evaluated during the budget process each year.
Most Council Members expressed support for Option 3 and for more
community outreach. Council Member Ryan proposed folding the Town's
Climate Action Plan into the LUMO rewriting process and Council Member
Gu asked to include connectivity as well. The Council praised staff's plan
to include 3D modeling in future presentations.
Council Member Schaevitz asked if there was a way to show the Town's
climate action goals in the LUMO, and Ms. Duffey Rogers replied that staff
was focused on keeping the two projects aligned. She displayed an
example of how to include resilient zoning options in Option 3.
Council Members verified that the scope of the engagement strategy
would be included in requests for proposals from consultants, and Ms.
Duffey Rogers pointed out that $6,000 would only cover the cost of
consultants at meetings. She would continue to bring the engagement
strategy to the Council for input at each phase of the LUMO rewrite, she
said.
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Council Members expressed appreciation to Ms. Duffey Rogers for her work
thus far. Mayor Hemminger commented on how the Town had changed the
project's trajectory and noted Ms. Duffey Rogers's willingness to help
figure out a path forward. Mayor Hemminger encouraged staff to bring
things forward that the Council could tweak along the way.
Council Member Huynh expressed reluctance to allocate additional
resources for a consultant without having a Town strategy on how to bring
missing voices into the process. He recommended obtaining information
on best practices and on research regarding diversity that had already
been done across the country, rather than hiring a consultant to do that
research. He also recommended looking at new tools that could generate
many different design scenarios based on quality of life indicators.
Council Member Stegman said that she would not vote in favor of Option 3
because she wanted more time to look at the three options. The Council
voted (8-1) to approve Option 3.
A motion was made by Council Member Anderson, seconded by Mayor pro
tem Parker, that R-9 be adopted. The motion carried by the following vote:
Aye: 8 - Mayor Hemminger, Mayor pro tem Parker, Council Member
Buansi, Council Member Gu, Council Member Schaevitz,
Council Member Anderson, Council Member Huynh, and
Council Member Ryan
Nay: 1 - Council Member Stegman
14. Receive an Update on the Climate Action and Response Plan. [20-0068]
Community Resilience Officer John Richardson gave a PowerPoint
presentation regarding the Town's Climate Action and Response Plan. He
discussed hoped-for outcomes, needed resources, community
partnerships, and monitoring/evaluating tools. He said that commercial
electricity was the leading source of carbon emissions in Town followed by
emissions from UNC. He pointed out that UNC had climate neutrality
goals of its own, which aligned with Town goals.
Mr. Richardson explained that the Town's municipal operations were
responsible for 2 percent of Chapel Hill's carbon emissions and the
community was responsible for the other 98 percent. Electricity was the
greatest driver at almost 50 percent, followed by gas and natural gas.
Buildings and transportation were the highest contributors at 60 percent
and 36 percent respectively, he said.
Mayor pro tem Parker asked why Town statistics differed from national
data that showed greenhouse gas being the largest contributor. Mr.
Richardson replied that the Town's free-fare bus system could be
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responsible for part of that.
Mayor pro tem Parker commented on the information showing commercial
real estate generating far more emissions than residential. He wondered
about that with respect to the Town's goal of encouraging more
commercial development, he said.
Mr. Richardson replied that the discrepancy could be related to the way
utilities provide data to the Town. He thought they had lumped
institutional in with commercial but would obtain additional information
regarding that, he said.
Council Members Huynh and Gu requested additional information on how
Chapel Hill's emissions count had been done.
Mr. Richardson discussed sources of municipal emissions by sector and
said that the Town's vehicle fleet was the greatest emitter followed by
buildings and then by commuting employees. He discussed the effect of
having a fare-free transit system and the Town's attempt to reduce fuel
emissions by purchasing electric buses. He showed a revised schedule,
which included three months of community engagement, and described the
staff's strategies for focusing on climate equity and youth engagement.
Mr. Richardson said that the Town's consultant had developed potential
areas for action related to buildings, land use, transportation, and
resilience. He provided additional information on each of those and said
that staff would return with action plans, costs, and information on
impacts. Next steps included finalizing the carbon inventory, starting
community engagement efforts, beginning to draft the plan, and sharing
more through the Town's website, he said, noting that staff would report
to the Council again in May 2020.
The Council confirmed with Mr. Richardson that Town and Carrboro staff
were meeting regularly and that the Town intended to connect with the
Chapel Hill-Carrboro City Schools regarding the youth engagement plan.
Mr. Richardson said that staff would try and connect with high school clubs
as well, and Council Member Schaevitz recommended contacting the
Environment, Ecology, and Energy program at UNC. Council Member
Stegman suggested approaching middle schools as well as high schools,
and Council Member Huynh requested a copy of the full engagement
strategy.
The Council emphasized the need for the Climate Action Plan and LUMO to
be closely coordinated. They recommended obtaining more information on
best practices and on how a town the size of Chapel Hill could make the
most impact. Council Members stressed the importance of getting
information out to the public, leveraging UNC expertise, and in engaging
young working people as well as local students. Council Member Buansi
proposed including demographic questions in the survey. Mayor
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Hemminger stressed the need to engage the entire community and to help
residents change their behavior.
This item was received as presented.
15. Open the Public Hearing and Consider Applying Town of [20-0069]
Chapel Hill Zoning to Property at 7516 Sunrise Road Formerly
Zoned by Orange County.
Principal Planner Corey Liles provided background on a 33.7-acre site on
Sunrise Road, which had recently been annexed by the Town and was
currently zoned Residential 2 under Orange County. He explained that the
state statute dictated that property that had been annexed is under Town
zoning regulations.
Mr. Liles proposed that the Council rezone the property to Residential 2,
which would be equivalent in name and function to its current zoning. He
pointed out that the change would not approve any development on the
site. He recommended that the Council adopt Resolution 10 and enact
Ordinance A to approve the zoning action.
A motion was made by Council Member Anderson, seconded by Council
Member Schaevitz, to close the public hearing. The motion carried by a
unanimous vote.
A motion was made by Council Member Anderson, seconded by Mayor pro
tem Parker, that R-10 be adopted. The motion carried by a unanimous vote.
A motion was made by Council Member Anderson, seconded by Council
Member Buansi, that O-5 be enacted. The motion carried by a unanimous
vote.
16. Consider Establishing Town of Chapel Hill Fund for Criminal [20-0070]
Justice Debt.
Council Member Stegman introduced a proposal for a Criminal Justice Debt
Fund in Chapel Hill. She said that the Town's receipt of revenue from
court costs and fees meant that it had been participating in an unjust
system that had a disparate impact on the poor and people of color.
Court costs and fees created significant barriers for indigent community
members who were trying to reintegrate into the community, she said.
Council Member Stegman explained that a broad group of county, state,
and local non-profits had been discussing ways to help residents who were
being negatively impacted by the disparities in the current criminal justice
system. In connection with that, she and Council Members Buansi and
Parker were bringing forward a proposal for a debt fund sponsored by the
Town, she said.
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Attorney James Williams discussed the need for such a program
throughout the state and nation. During 41 years of representing indigent
clients, he had seen that poverty significantly affects the likelihood that a
person will successfully reenter society, he said. He said that state, local
and national entities had begun to recognize this as a racial justice issue
because costs and fees most directly impact poor people of color.
Attorney Williams asked the Council to adopt the proposal, which would
help address racial inequities within the system.
Kate Fenhagen, resource director at Orange County Criminal Justice
Department, shared information on related efforts that were already
underway in the Orange County courts. She said that the Criminal Justice
Debt Fund would fill an urgent gap. Some people were working every day
but still had outstanding probation fees and/or court costs, she said. Ms.
Fenhagen pointed out that even those who did not receive direct funding
would benefit from the fund's adjacent services.
Megan Johnson, supervisor at the Chapel Hill Police Department's Crisis
Unit, discussed how the fund would provide relief to those who were
taking steps to successfully reintegrate into the community but were
hampered by debt. The initial request to the Town was for $20,000 for a
one-year pilot program that her Crisis Unit would administer, she said.
She explained that a 10-member advisory committee would meet quarterly
to review applications and make recommendations. The program was
already staffed and ready to begin as soon as the Council approved it, Ms.
Johnson said.
Council Member Buansi spoke about his personal experience of growing up
in Chapel Hill and becoming a civil rights lawyer after having contact with
people who had made sure that others were treated fairly. He noted that
the Town had taken actions over the years to help its most vulnerable
citizens because it valued empathy, forgiveness, love, inclusion and
equality. Council Member Buansi said that the cost of the program would
be small compared to the need and the opportunity to inspire others
across the state. He asked the Council to seize the moment and do what
was right.
Council Members confirmed with Ms. Fenhagen that fines were penalties,
but costs and fees were things that could be waived at the court's
discretion. They also verified with her that the $20,000 would go to a
fund that the CHPD would administer. Council Member Gu asked about
the overhead cost of administering the program, and Police Chief Chris
Blue explained that existing staff would administer the pilot and that the
demands would be comparable to those for staff liaisons on other boards
and commissions. The Council confirmed that the advisory committee
would establish metrics for success, which staff would present to the
Council when it reports back in six months.
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Mayor Hemminger pointed out that the Town had a backlog of 3,000
suspended licenses, and she characterized that as not equitable. She
said that Durham County had shown success in holding clinics at different
times of the day and that its greatest success had been with law clinics
on Sunday afternoons.
Ms. Fenhagen replied that work regarding weekend or evening clinics had
already begun in conjunction with UNC's law school.
Mayor Hemminger pointed out that transportation was also an equity
issue, and she confirmed with Ms. Fenhagen that some clinics would be
held in Town.
Miriam Thompson said that the proposal spoke to the Town's proud history
as a human rights city and was an opportunity to be a model for other
governmental bodies. She said that the proposed financing methodology,
program structure, and accountability were all reasons for the Council to
support the proposal.
Reverend Robert Campbell, who ministers to people at Orange County's
Corrections Center, said that inmates were concerned about how they
would reintegrate into society. He recommended that the Council approve
the program and proposed considering community service hours in place of
speeding fees.
Attorney Ted Shaw, director of the UNC Center for Civil Rights, discussed
how court fees had contributed to the alienation of poor black and brown
people from municipal governments throughout the country. The collateral
effects of being caught up in the criminal justice system could be called a
form of civic death because it made it impossible for individuals to
overcome the issues that had gotten them involved in the criminal justice
system in the first place, he said. Mr. Shaw stated that he was happy and
proud that the Town in which he lived was becoming a leader in regard to
racial and economic justice.
Heather Hunt, a researcher with the NC Poverty Research Fund,
commended the Council for considering the program and said that criminal
justice issues were both causes and consequences of poverty. North
Carolina had raised court fees dramatically and had imposed new ones,
she said, stating that such fees were really an aggressive tax on those
least able to pay.
Council Member Anderson was excused from the meeting at 10:37 p.m.
due to a family health issue. She asked to be counted as an affirmative
vote on the item.
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Council Members praised the effort and thanked all who had put so much
effort and thought into it. They noted that the program would be an
opportunity for the Town to do the right thing and stressed the importance
of making sure that it was well-funded and included in the budget
process. Council Member Gu asked the CHPD to keep a record showing
how much time and resources were needed to support the program.
Council Member Ryan said that the Town should consider at some point
whether it wanted a community partner to take the program on.
Council Member Huynh suggested that Council Members reflect on the
different levels of scrutiny they had given to a $652,000 for expansion of
the LUMO rewrite project compared to a $20,000 request to help indigent
people of color in the community.
Mayor Hemminger said that a Council primary task was to take in
community resources and redistribute those in a way that would best help
everyone thrive. She said that being equitable and helping the most
vulnerable was a huge part of that. She thanked all for taking the extra
time to create a program that could be sustained and that others could
build on. Approving that during Martin Luther King Jr. Week was "actually
kind of wonderful," Mayor Hemminger said.
A motion was made by Council Member Schaevitz, seconded by Council
Member Stegman, that R-12 be adopted. The motion carried by a unanimous
vote.
17. FY 2019 Financial Update and Audit Results. [20-0071]
Council Member Schaevitz left the meeting at 10:49 p.m.
Director of Business Management Amy Oland gave a PowerPoint
presentation on the Town's Comprehensive Annual Financial Report for FY
2019. Before she began, she introduced Brandi Fesperman, a senior
accountant at Martin Starnes and Associates, who said that the Town had
received the highest auditing opinion possible for FY 2019.
Ms. Oland reviewed year-end results for the General Fund, sales tax
revenues, Debt Management Fund, and Enterprise Funds (Transit, Parking,
Housing and Stormwater). The Town would receive a Government Finance
Officers (GFO) award for excellence in financial reporting for FY 2019, she
said. Noting that it would be the 34th successive year that the Town had
received that award. The Town had also received confirmation of its AAA
bond rating, she said.
Ms. Oland summarized the status of each Town fund and noted that the
Council would discuss the details in the context of its five-year budget
strategy during its March 18th budget work session. She said that next
steps in the budgetary process included a Council retreat on January 31st
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Town Council Meeting Minutes - Final January 22, 2020
and February 1st, where the Town's financial advisor would discuss the
Capital and Debt Programs. There would be a public budget forum on
February 26th and a Budget Work Session on March 18th, she said. Ms.
Oland noted that debt issuance tied to the Municipal Services Center was
tentatively scheduled for summer 2020.
Mayor Hemminger proposed that the Council discuss new software and
other ways to address inspections fees and overages at its retreat. She
confirmed with Town Attorney Ralph Karpinos that staff had been looking
into removing parking and other fees from the budget ordinance so that
those could be changed without having to go through the entire budget
process.
Council Member Gu stressed the importance of having a five-year budget
plan, and Ms. Oland said that she would give a high level overview of that
at the Council's March work session. Council Member Gu confirmed that
Ms. Oland would present updated data on General Fund costs and
revenues at the upcoming Council retreat.
This item was received as presented.
APPOINTMENTS
18. Appointments to the Board of Adjustment. [20-0072]
The Council appointed Thomas Grasty to the Board of Adjustment.
ADJOURNMENT
The meeting was adjourned at 11:23 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 Tai Huynh
Mayor pro tem Michael Parker Council Member Amy Ryan
Council Member Jessica Anderson Council Member Rachel Schaevitz
Council Member Allen Buansi Council Member Karen Stegman
Council Member Hongbin Gu
Wednesday, January 22, 2020 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.
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.
1. Approve all Consent Agenda Items. [20-0055]
By adopting the resolution, the Council can approve various
resolutions and ordinances all at once without voting on each
resolution or ordinance separately.
2. Approve the Miscellaneous Budget Ordinance [20-0056]
Amendment to Adjust Various Fund Budgets for FY
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Town Council Meeting Agenda January 22, 2020
2019-20.
By enacting the budget ordinance amendment, the Council adjusts
the General Fund, Grants Fund, and the Library Gift Fund FY 2020
budgets. By enacting the project ordinance amendments, the
Council adjusts the Transitional Housing Fund and the Housing
Capital Grants Fund project budgets.
3. Approve the Housing Advisory Board's Recommended [20-0057]
Funding Plan for the Affordable Housing Development
Reserve.
By adopting the resolution, the Council approves the Housing
Advisory Board’s recommended funding plan for the Affordable
Housing Development Reserve December 2019 funding cycle.
4. Continue the Public Hearing for the Code of [20-0058]
Ordinances Text Amendment to Chapter 11A and Land
Use Management Ordinance Text Amendment to
Section 5.9 Pertaining to Off-Street Parking and
Payment-in-Lieu Policy to March 4, 2020.
By adopting the resolution, the Council continues the public hearing
to be opened at 7:00 p.m. on Wednesday, March 4, 2020.
5. Authorize the Town Manager to Submit Design Work [20-0059]
to NCDOT for the West Franklin Street Lane
Reallocation Project.
By adopting the resolution, the Council authorizes the Town Manager
to submit design work to NCDOT for the West Franklin Street Lane
Reallocation Project.
6. Adopt Minutes from the September 25, 2019 and [20-0060]
October 2 and 16, 2019 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 [20-0061]
Status List.
By accepting the report, the Council acknowledges receipt of the
Scheduled Public Hearings and Status of Petitions to Council lists.
8. Receive a Report Regarding LED Conversion Options [20-0062]
for Outdoor Lighting.
By accepting this report, the Council receives information regarding
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Town Council Meeting Agenda January 22, 2020
LED conversion options for outdoor lighting.
9. Receive Update on the Short Term Rental Task Force. [20-0063]
By receiving this update, the Council accepts information from staff
regarding the Short Term Rental Task Force.
DISCUSSION
10. Approve On-Street Parking Regulations in the Burch [20-0064]
Kove Neighborhood.
PRESENTER: Matthew J. Sullivan, Fire Chief
RECOMMENDATION: That the Council enact an ordinance that
establishes “no parking anytime” on several streets, and establishes
an area in which special parking permits are required in the Burch
Kove neighborhood in response to residents’ request.
11. Consider Adopting a Resolution for a Path Forward [20-0065]
Process to Further Assess the Greene Tract and a
Resolution Authorizing the Town Manager to Execute
an Interlocal Agreement for Greene Tract
Environmental Assessment Cost Share with Carrboro
and Orange County.
PRESENTER: Judy Johnson, Interim Planning Director
RECOMMENDATION: That the Council consider adopting the attached
resolutions which would establish a process for the Towns of Chapel
Hill and Carrboro and Orange County to move forward in their pursuit
of development on the Greene Tract; and authorize the Town
Manager to execute an Interlocal Agreement for Environmental
Assessment Cost Share with Carrboro and Orange County.
12. Authorize the Town Manager to Execute an Amended [20-0066]
Interlocal Agreement for Installation of Private Sewer
Laterals for Low and Moderate Income Homeowners
in the Rogers Road Community.
PRESENTER: Judy Johnson, Interim Planning Director
RECOMMENDATION: That the Council adopt Resolution A, authorizing
the Town Manager to sign the attached amended interlocal
agreement between Orange County, Carrboro, and Chapel Hill.
13. Charting Our Future - Consider Amending the Project [20-0067]
Charter.
PRESENTER: Alisa Duffey Rogers, LUMO Project Manager
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RECOMMENDATION: That the Council adopt the Resolution amending
the Land Use Management Ordinance Rewrite Project Charter (Option
3) to extend the Project schedule, to acknowledge the expansion of
the Future Land Use Map phase of the Project, and to change the
scope for rewriting the Land Use Management Ordinance to include
additional visioning for each Focus Area and options for
implementing Town goals.
14. Receive an Update on the Climate Action and [20-0068]
Response Plan.
PRESENTER: John Richardson, Community Resilience Officer
RECOMMENDATION: That the Council receive the update and provide
direction to staff.
15. Open the Public Hearing and Consider Applying Town [20-0069]
of Chapel Hill Zoning to Property at 7516 Sunrise
Road Formerly Zoned by Orange County.
PRESENTER: Corey Liles, Principal Planner
a. Without objection, the preliminary report and any other
materials submitted at the hearing for consideration by the
Council will be entered into the record.
b. Introduction and preliminary recommendation
c. Recommendation of the Planning Commission
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 Consistency with the
Comprehensive Plan
h. Motion to enact an Ordinance to rezone the property.
RECOMMENDATION: That the Council open the Public Hearing,
receive public comment, close the public hearing, adopt a Resolution
of Consistency with the Comprehensive Plan, and enact Ordinance A
to rezone the property.
16. Consider Establishing Town of Chapel Hill Fund for [20-0070]
Criminal Justice Debt.
PRESENTER: Megan Johnson, Police Crisis Unit Supervisor
RECOMMENDATION: That the Council consider establishing a
Criminal Justice Debt Relief Fund.
17. FY 2019 Financial Update and Audit Results. [20-0071]
PRESENTER: Brandi Fesperman, Senior Accountant, Martin Starnes &
Associates, CPAs, P.A.
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Town Council Meeting Agenda January 22, 2020
Amy Oland, Business Management Director
RECOMMENDATION: That the Council receive this report on the
Town’s CAFR for FY 2019 and financial update presentation.
APPOINTMENTS
18. Appointments to the Board of Adjustment. [20-0072]
REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT,
PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS
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