Town Council
Regular MeetingChapel Hill, NC · January 27, 2021
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 Hongbin Gu
Mayor pro tem Michael Parker Council Member Tai Huynh
Council Member Jessica Anderson Council Member Amy Ryan
Council Member Allen Buansi Council Member Karen Stegman
Wednesday, January 27, 2021 7:00 PM Virtual Meeting
Virtual Meeting Notification
Town Council Members will attend and participate in this meeting remotely, through
internet access, and will not physically attend. The Town will not provide a physical
location for viewing the meeting.
The public is invited to attend the Zoom webinar directly online or by phone.
Register for this webinar:
https://us02web.zoom.us/webinar/register/WN_EhMyH2EIS1CnTKtyPIlWyw After
registering, you will receive a confirmation email containing information about joining
the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 875 7074 5741
View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx – and on
Chapel Hill Gov-TV (townofchapelhill.org/GovTV).
Roll Call
Present: 7 - Mayor Pam Hemminger, Mayor pro tem Michael Parker,
Council Member Allen Buansi, Council Member Hongbin Gu,
Council Member Karen Stegman, Council Member Tai
Huynh, and Council Member Amy Ryan
Absent: 1 - Council Member Jessica Anderson
Other Attendees
Town Manager Maurice Jones, Deputy Town Manager Florentine Miller, Town Attorney Ann
Anderson, Assistant Planning Director Judy Johnson, Police Chief and Executive Director for
Community Safety Chris Blue, Emergency Management Coordinator Kelly Drayton, Fire Chief Vencelin
Harris, Housing and Community Executive Director Loryn Clark, Business Management Director Amy
Oland, Community Resilience Officer John Richardson, Planning Director Colleen Willger, Affordable
Housing Manager Nate Broman-Fulks, Community Development Program Manager Megan Culp,
Planner II Michael Sudol, Housing and Community Assistant Director Sarah Viñas, Executive Director
for Technology and CIO Scott Clark, Communications and Public Affairs Director/Town Clerk Sabrina
Oliver, and Deputy Town Clerk Amy Harvey.
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Town Council Meeting Minutes - Final January 27, 2021
OPENING
Mayor Hemminger opened the virtual meeting at 7:00 p.m. and welcomed the
public. She said that Spanish interpreters would be present through Item 8.
Mayor Hemminger called the roll and Council Members replied that they were
present. Council Member Anderson was absent, excused.
ANNOUNCEMENTS BY COUNCIL MEMBERS
0.01 Proclamation: Dr. Kizzmekia S. Corbett Day. [21-0075]
Council Member Buansi introduced a proclamation honoring Dr. Kizzmekia
Corbett, a Hillsborough native who had been a leader in developing
Moderna's COVID-19 vaccine. He proclaimed Thursday, January 28, 2021,
to be Dr. Kizzmekia Corbett Day in Chapel Hill in recognition of her
accomplishments in science and medicine, her leadership in fighting a
pandemic, and her dedication to the health, safety and well-being of
humanity.
Mayor Hemminger said that Chapel Hill was proud of Dr. Corbett and her
work as a scientist and role model.
0.02 Mayor Hemminger Regarding Peoples Academy. [21-0076]
Mayor Hemminger said that the People's Academy would be taking
applications for a four-week virtual session to be held on Saturdays in
March 2021. Attending those sessions was a good way to learn more
about Town services and meet other members of the community, she
pointed out. She said that language translators would be available for the
program and that applications were being accepted through February 19,
2021. More information was available on the Town's website, she said.
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.
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 Mayor pro tem Parker, seconded by Council Member Huynh,
that R-1 be adopted as amended, which approved the Consent Agenda. The motion
carried by a unanimous vote.
1. Approve all Consent Agenda Items. [21-0046]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
2. Approve the Miscellaneous Budget Ordinance Amendment to [21-0047]
Adjust Various Fund Budgets for FY 2020-21.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
3. Submit Public Comments to the North Carolina Utilities [21-0048]
Commission Concerning Duke Energy’s 2020 Integrated
Resource Plan.
Mayor Hemminger said that the Town would be sending comments to the
Utilities Commission regarding Duke Energy's proposed plan and was
working toward having other towns do so as well.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
4. Continue the Public Hearing for a Conditional Zoning Application [21-0049]
for Columbia Street Annex, 1150 S. Columbia Street, from
Residential-2 (R-2) to Mixed Use-Village-Conditional Zoning
District (MU-V-CZD) and Continue the Public Hearing for the
Closure of an Unmaintained Portion of the Monroe Street
Right-of-Way to February 24, 2021.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
5. Amend the 2020-21 Council Calendar. [21-0050]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
5.1 Authorize the Use of Eminent Domain to Acquire Property on [21-0065]
North Street. (added 1/25/21)
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
INFORMATION
6. Receive Upcoming Public Hearing Items and Petition Status [21-0051]
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List.
This item was received as presented.
DISCUSSION
7. Update on Town Efforts to Respond to the COVID-19 Crisis. (no [21-0052]
attachment)
Mayor Hemminger asked the public to be patient regarding the COVID-19
vaccination schedule. Orange County's registration system had been
overwhelmed and it would take time to vaccinate everyone, she said. She
explained that President Biden would provide three-week updates on the
amount of vaccine states would receive and that Chapel Hill was ready to
administer those doses as soon as they arrived.
Emergency Manager Kelly Drayton gave a PowerPoint update on the
Town's COVID-19 response and the vaccine distribution process. She
explained how emergency funding had been used and said that the Town
could seek reimbursement for eligible expenses through new federal
legislation. She discussed President Biden's request to Congress for $30
billion to help Americans who were behind on rent.
Ms. Drayton noted that Governor Cooper had extended the modified
stay-at-home order through February 28, 2021. She said that 99.8 percent
of North Carolina's federal allotment of first dose vaccines had been
administered and that appointments for second doses were currently being
scheduled. The federal government had agreed to a 16 percent increase
in first dose vaccine shipments in the coming weeks, she said.
Ms. Drayton discussed efforts to reach under-served communities. She
said that the COVID-19 call center would be adding staff and services,
such as language interpretation, and that the Orange County Health
Department would hold virtual meetings and information sessions in an
effort to facilitate vaccine distribution in under-served communities.
Ms. Drayton said that the federal government would not penalize states
for failing to meet vaccine allocation deadlines and would reward them for
operating efficiently. North Carolina would begin providing doses to
county health departments based on population size, she said, and she
mentioned the ways in which the Town was partnering in the distribution
effort. She reminded the public to continue following the 3Ws: wear a
mask, wash hands, wait a safe distance apart, even after receiving a
vaccine.
Mayor pro tem Parker pointed out that people could also try getting
vaccinated through UNC Health at: yourshot.org. Council Member Gu
confirmed with Ms. Drayton that those waiting for a second shot would
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Town Council Meeting Minutes - Final January 27, 2021
hear from Orange County a few days before it was due. Council Members
asked about additional guidance regarding a new, more virulent COVID
strain, and Ms. Drayton offered to find out if there had been any change in
the recommendations.
Council Member Gu asked why some high-risk populations had been moved
down on the priority list, and Ms. Drayton explained that the state had
been prioritizing those who would be reentering society and interacting in
the community. Council Member Gu asked for additional information
regarding vaccines, and Ms. Drayton said that such statistics were being
posted on Fridays on Orange County Health Department's website.
This item was received as presented.
8. Public Hearing Continued: Conditional Zoning for 1200 & 1204 [21-0053]
Martin Luther King Jr. Blvd. from Residential-4 (R-4) and
Neighborhood Commercial (NC) to
Office/Institutional-2-Conditional Zoning District (OI-2-CZD) and
Neighborhood Commercial Conditional Zoning District
(NC-CZD) (Project #19-065).
Planner Michael Sudol gave a PowerPoint presentation on a Conditional
Zoning application for a 13.9-acre site at 1200 Martin Luther King Jr.
Boulevard (MLK). He said that the applicant had held three meetings
since December 2020 with Tarheel Mobile Home Park residents, who
currently lived on the site. He summarized revised conditions and
reviewed how the applicant had completed steps in the application
process and had appeared before the Council several times.
Mr. Sudol explained that the site was currently zoned
Residential-4/Neighborhood Commercial and that the applicant was
requesting that it be rezoned to Office Institutional-2 in order to
accommodate a self-storage facility, mobile home park (MHP), and gas
station. The applicant had originally requested a Special Use Permit (SUP)
process but was asking to convert that to Conditional Zoning (CZ), he
said.
Mr. Sudol showed a view of existing conditions, which included a
substantial amount of Resource Conservation District (RCD) land at the
northern end of the site. He outlined a proposal to allow 73 dwelling
units to remain on the property for 15 years. He pointed out that the NC
Department of Transportation (NC-DOT) and Town did not support a
proposed right in/right out access from MLK and that the developer had
agreed to change it to right out only when a rapid transit (BRT) stop was
constructed there.
Mr. Sudol said that the applicant had created an on-site relocation plan for
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approximately 16 of the mobile homes and was proposing an additional
10. The applicant was committing to keeping current residents on-site for
15 years and would offer them an option to convert to annual leases
within 30 days of entitlement, he said.
Mr. Sudol reported that three Town advisory boards had recommended
approval, with conditions, and two others had recommended denial. Staff
would bring three revisions forward at the next Council meeting regarding
a condition that would allow existing mobile homes to remain on-site, a
requirement to add a playground, and a change in the language regarding
notification of vacancies, he said. He recommended that the Council close
the public hearing, receive public comments for 24 hours, and consider the
item at its February 24, 2021 meeting.
Dan Jewell, a consultant with Coulter Jewell Thames, described steps that
the applicant, Stackhouse Properties, had taken since December. These
included removing trees, installing lighting, filling potholes, repairing
driveways and ordering stop signs, he said. He explained that a
playground would be installed once the applicant had the necessary
permits to do so. A draft set of declarations and covenants would be
recorded along with the CZ documents, he said.
Bill Brian, an attorney with Morningstar Law Group, described three
meetings that the applicant had held with Tarheel Mobile Home Park
residents in January 2021. During those meetings, he had explained that
the MHP would be closed and everyone would have to move if the rezoning
did not pass. He had encouraged residents to contact the Council and
express support for the proposal but had made it clear that they were not
required to do so, he said.
Mayor pro tem Parker confirmed with Mr. Jewell that anyone moving into
the Tarheel MHP would have the same 15-year protection as those who
currently lived there. Council Member Stegman pointed out that the
Council should see the proposed covenants, and she verified with Mr.
Brian that they would mirror the language in the conditions. The
covenants would create rights that run with the property title, and tenants
would have a direct right of enforcement in court, Mr. Brian said. Council
Member Buansi clarified that the 15-year period would expire in 2036 and
that an incorrect version of that would be revised.
Council Member Gu asked how staff had worked with the applicant to
address the Community Design Commission's and Planning Commission's
recommendations to deny.
Mr. Jewell replied that those concerns had been based on their view that a
different type of development should be at the location. He noted that
the applicant had accommodated the other boards' concerns about
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connectivity and access issues.
Council Member Gu asked Mr. Jewell what community benefits the
applicant thought justified contradicting the direction the Town had
planned for the MLK corridor. Mr. Jewell replied that 65 at-risk households
would not be displaced, but Council Member Gu said that would be
maintaining the status quo, not adding a benefit.
Mr. Brian commented that it was not economically viable to continue the
property as it was. The site would be redeveloped for a transit-oriented,
multi-family project or used for something else that would create
economic viability, he said. He stated that the applicant had devised a
project with commercial elements that would create the necessary
economic viability to preserve the community. The Town's goals were
inconsistent and the Council would need to decide which way it wanted to
go, Mr. Brian said.
Council Member Ryan confirmed that the applicant was no longer asking
for the additional seven units that would have encroached on the Jordan
Buffer or the RCD. She affirmed with Mr. Jewell that a fence between the
storage building and residential area would not be an industrial one. She
argued against having a crown sign on the commercial building. She
asked that a stipulation be changed to give the Community Design
Commission authority to approve rather than "provide a recommendation
regarding" elevations.
Nancy Oates, a Chapel Hill resident and affordable housing advocate,
thanked Stackhouse Properties for its commitment to maintaining
diversity. It was unrealistic to expect an applicant to hold onto a
money-losing investment when it could turn it into something more
profitable, she said. She pointed out that many Tarheel Mobile Home Park
residents were among the Town’s essential workforce and that having to
move would impose significant expense and leave some of them
homeless.
Tarheel Mobile Home Park residents Basilia Barreto, Belinda Hooker,
Raphael Gonzalez, Trinidad Cervantes, Melissa Ginsberg and Olivia
Velazquez Manchera asked the Council to approve the agreement and
allow them to remain in the park for 15 more years. They talked about
the park's proximity to their work locations and schools and explained how
disruptive moving would be. Mr. Barreto raised concerns about what
would happen to his 69 year-old mother at the end of 15 years, however.
Natahaly Grijalva, a Tarheel Mobile Home Park resident, said that
Stackhouse had not done the amount of tree and lighting work it had
promised. She said that the applicant had told people to only express
support for the project to the Council. She believed that other residents
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were agreeing with the project because they were afraid of being kicked
out of the park if they did not, she said.
Heather Brutz, Chapel Hill-Carrboro NAACP Housing Committee co-chair,
read a statement urging the Council to approve the rezoning. If the
project were denied, the owners would likely sell the property and displace
the families, the statement said. She read that members of the Housing
Committee had talked with residents, who had expressed a desire to
remain in their homes and said they feared being forced out if the
rezoning were not approved. Ms. Brutz recommended that the Council
work toward obtaining legally binding agreements to protect residents,
and she proposed a three-prong approach for addressing the Town's MHP
issue.
Delores Bailey, executive director of EmPOWERment, Inc., said that she
had been involved with Tarheel Mobile Home Park residents for more than
two years. She recommended that the Council approve the rezoning and
help residents prepare for the future by sending them to affordable
housing home-buyer classes. It would be unacceptable to deny the
project and allow that community to become collateral damage, she said.
The Council discussed the need to keep the Tarheel Mobile Home Park
intact and to work as quickly as possible to develop a Town strategy to
protect other vulnerable neighborhoods. They agreed that the Town should
monitor the project to ensure that the applicant's commitments regarding
health and safety standards were carried out. Council Members noted the
importance of supporting residents with seeking legal action if covenants
were broken.
Council Member Buansi said that the Town should follow up on reports
that the applicant had intimidated residents with threats of eviction if
they did not support the rezoning and Council Members Huynh, Stegman,
Ryan and Parker agreed. Mayor pro tem Parker said he felt distressed by
how the developer had used residents’ futures as a tool to get approved.
Council Member Ryan said that such intimidation constituted a failure by
the applicant to live up to its commitment to the family that had sold
them the property at a good rate in return for taking care of the residents.
Council Member Gu expressed objections to using vulnerable residents to
exert pressure on the Council to approve a project that would be good for
them and would not benefit the Town. She said that the applicant's goal
was to maximize profit by building a large storage facility and gas station
that required a right in/right out access that would not be safe for
residents. It was unfortunate that the conversation had been about
residents being evicted rather than the safety issue, she said.
Council Member Huynh said that the plan was not the best use of the
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property but the Council was considering it because of the 70 families who
live there. Mayor pro tem Parker commented on how it was one of those
times when the Council needed to make an exception to a grand strategy.
Council Member Stegman said that the Town's strategies and priorities
were in conflict and the Council was making an exception to a long-term
strategy in order to prioritize a community that was under threat.
Mayor pro tem Parker expressed concern about a proposal by the applicant
to look at rents against a market survey every four years and to operate
within a 15 percent corridor. He proposed a two-year look-back and
reducing the 15 percent to a more reasonable number. Council Member
Ryan agreed that a provision should be added that would keep rents
reasonable over the 15-year period.
The Council discussed the need to quickly put more resources behind
developing a long-term affordable housing strategy that would prioritize
the Town's most vulnerable residents. Mayor Hemminger noted that the
Town was doing everything in its power to ensure that Tarheel Mobile
Home Park residents would be taken care of, and the Council asked staff
to include protections that would be as strong and legally-binding as
possible.
Council Members requested that agreements regarding improvements be
put in place and that the Town regularly inspect the park to make sure
that those were maintained. Mayor Hemminger asked staff to work
toward finalizing all agreements and answering questions that Council
Members had raised.
A motion was made by Council Member Huynh, seconded by Mayor pro tem
Parker, to close the public hearing and receive comment for an additional
24-hours. The motion carried by the following vote:
Aye: 6 - Mayor Hemminger, Mayor pro tem Parker, Council Member
Buansi, Council Member Stegman, Council Member Huynh,
and Council Member Ryan
Nay: 1 - Council Member Gu
9. Public Forum and Consider Amending the 2020-2021 [21-0054]
Community Development Block Grant Program Plan.
Community Development Programs Manager Megan Culp gave a
PowerPoint presentation on a proposed amendment to the Town's
Community Development Block Grant (CDBG) Program Plan for 2021. She
gave an overview of the program and explained that Chapel Hill had been
receiving annual CDBG funding from the US Department of Housing and
Urban Development (HUD) and was eligible for additional awards during
the current pandemic.
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Ms. Culp explained that a qualifying project must benefit low- to
moderate-income households and could be used to meet an urgent need.
She described the Town's standing as an entitlement community and gave
examples of how Chapel Hill had used CDBG funds in the past.
Ms. Culp said that HUD was currently allowing more flexibility due to
COVID-19. She reviewed new guidelines that allowed a higher public
service limit on funds as well as virtual meetings and changes in public
notice requirements. Staff had sought input regarding the Plan via social
media, news outlets and other means, she said.
Affordable Housing Manager Nate Broman-Fulks Nate presented the
amended Plan, which would support several programs that address
COVID-19 needs. He said that the proposed $1 million program was
larger than normal due to additional CDBG allocations from HUD. It would
allocate $290,000 of new CDBG-CV (COVID) funds for programs related to
pandemic response efforts and reallocate about $235,000 from the
existing Plan to COVID-related needs, he said.
Mr. Broman-Fulks explained that the Plan included four programs that had
been funded through other sources, primarily through federal CARES ACT
money. These were: Refugee Community Partnership's Neighborhood
Support Circles; scholarships and childcare subsidies for low-income
students to attend remote learning centers; funding for a Food Bank
coordinator and supplies for that operation; and community outreach and
education, primarily for an El Centro Hispano program that provided
community health workers for COVID-19 education and vaccination efforts.
Mr. Broman-Fulks said that the Plan also included approximately $12,000
for COVID-19 outreach and education on vaccination efforts in
under-served communities. In addition, it proposed an increase in
emergency housing assistance and a reallocation of the Summer Youth
Employment Program award to neighborhood revitalization efforts, he
said.
Mr. Broman-Fulks shared staff's rationale for the proposed changes and
said that the next step, if the Council approved the amended Plan, would
be to revise it and send it to HUD. Federal funds would be immediately
available, he said, and he recommended that the Council open the public
hearing, receive comments, close the hearing, adopt Resolution 5
approving the CDBG Program Plan, and enact budget ordinances O-5 and
O-6.
Council Member Stegman confirmed with staff that Refugee Community
Partnership (RCP) would be capable of expanding its program, and could
continue through the summer, if more funds were available.
Madison Hayes, representing RCP, described how Neighborhood Support
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Circles had begun through word of mouth and expanded to 40 families
with a current waiting list. She pointed out that language access, which
was a primary barrier to education in refugee and migrant communities,
had become a greater issue during COVID-19. RCP was in discussions
with the Chapel Hill-Carrboro City School System about implementing more
structural solutions, she said.
Eliazar Posada, representing El Centro Hispano, thanked Council Member
Buansi and staff for working with El Centro on a proposal to expand its
work with immigrant and Latinx communities in Chapel Hill. He thanked
the entire Council for considering the proposal and for its support
throughout the COVID-19 crisis.
Meagan Clawar and Rosy Moo, representing RCP, described how
Neighborhood Support Circles had helped to provide stability for children
while their parents carried on as essential workers during the pandemic.
They said that non-English-speaking children had fallen behind
academically, but that RCP providers had been helping with remote
learning and by intervening with schools.
Mayor Hemminger thanked Town staff and community partners for the
great work they had been doing to help the community survive the
pandemic. She said that the Council did not know whether or not there
would be in-person school in the fourth quarter. Certain children were
falling behind and the Town was doing all it could to help, she said.
A motion was made by Council Member Stegman, seconded by Council
Member Huynh, that R-5 be adopted. The motion carried unanimously.
A motion was made by Mayor pro tem Parker, seconded by Council Member
Buansi, that O-5 and O-6 be enacted. The motion carried by a unanimous
vote.
10. Receive and Provide Guidance on the Draft Climate Action and [21-0055]
Response Plan.
Mayor Hemminger mentioned a briefing that she and other mayors had
received regarding President Biden's executive order to combat climate
change. The order included establishing climate change as a national
security priority, creating new green jobs, focusing on environmental
justice, moving toward zero net emissions by 2050, and restoring
scientific integrity, she said.
Planning Manager for Sustainability John Richardson gave a PowerPoint
presentation on the Town's draft Climate Action Plan and asked the
Council to provide feedback. He said that the process thus far had
included carbon inventories, a climate action summit, a video, a climate
action opinion survey, carbon-reduction modeling, and the draft Plan for
Council and community review.
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Mr. Richardson said that staff had been sharing the draft Plan since
November 2020. They had also launched an additional survey and met
with Town boards and commissions. Staff had reached out to faith-based
organizations, non-profits, community partners, the University of North
Carolina at Chapel Hill (UNC-CH), and others and had revised the plan
based on that feedback, he said.
Mr. Richardson noted that the Plan would be a living document with a
proposed five-year update cycle that would allow the Council to make
targeted changes along the way. He stressed the importance of aligning
with UNC-CH, which would be a key partner moving forward. He showed a
list of the Plan's proposed actions and explained areas where the Town
would partner with others.
Mr. Richardson explained that racial equity would be made clearer and
would be central to all of the Plan's actions. There should also be a
greater emphasis on the role that the natural environment plays in climate
action and further clarification of near-term priorities, he said. He said
that the Plan would include an explanation of how the community could be
involved.
Mr. Richardson asked the Council to provide specific feedback on whether
the Plan should include a glossary of terms and a standalone executive
summary on what the next steps would be to make changes and return to
the Council on March 24, 2021, to consider a final version of Climate
Action and Response Plan, he said.
Mayor pro tem Parker asked how the information being presented would
translate into the budgetary process, and Town Manager Maurice Jones
replied that staff had been working with consultants to identify costs
associated with some of the recommendations. Discussions with Council
regarding how to prioritize and make the biggest impact possible would
take place over the next few months, he said.
In response to a question from Council Member Huynh, Mr. Richardson said
that the Town's website would be repaired allowing users to access the
graphs and survey data without logging in from the project page.
Kia Nilsen, the Planning Commission's youth liaison, said that the Plan did
not convey the sense of urgency required for a stated top priority. He said
that the Town's land-use decisions in recent years had not reflected a
climate-conscious process and Council Members had voted in a manner
that was inconsistent with their stated climate goals.
Mr. Nilsen said that the Town's youth wanted a denser, transit-oriented
Town where everything was accessible through walking, biking or bus. He
said that the current Council had the power to set a new precedent and a
moral responsibility to act boldly to protect the future of the community.
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Alicea Davis, representing the Chapel Hill Youth Council, said that more
than 350 young people in recent days had agreed with the position that
Mr. Nilsen was expressing that “change” starts in one place and then
grows, she pointed out.
Charlotte Welsby, a Chapel Hill East student, said that she was one of
500 youth who had signed a petition to the Council. She agreed with Mr.
Nilsen's comments about the need for denser, mixed-use development
that would lead to fewer vehicles on the road, she said.
The following members of the Chapel Hill-Carrboro Sunrise Movement hub
spoke about the Plan: Nick Trombetta, Kristen Cowan, William Zang,
Jenna Neilsen, Owen Ryerson, Maple Osterbrink, Margot Francini,
Mackenna Wood, Brook Bauman, Margaret Foster and Casa Drury. Many of
these speakers recommended that the Plan be less dependent on Duke
Energy's statements and actions and that the Town set a more ambitious
path with higher standards.
Sunrise Movement members argued that the Town was too reliant on
outside entities such as Duke Energy's and UNC-CH's climate plans and
state water quality standards. Some said that climate change needed to
be addressed more rapidly than was outlined in the Paris Climate
Agreement. The Town's Plan should move away from encouraging
individuals to do the right thing and more toward incentivizing and
mandating collective action from all, including businesses, they said.
Sunrise Movement members emphasized the need to make racial justice
and climate equity clear pillars of the Plan. They asked that this include
specific and measurable ways that the Town intended to combat the
effects on marginalized communities. They asked for more specifics on
how the Town would address the intersecting issues of climate and equity
and said that issue should be central to all aspects of the plan.
Sunrise Movement members recommended that the Plan be updated every
three years, or less, rather than five years. They proposed that it include
more tangible goals regarding immediate community action such as
implementing climate change curricula in local schools and supporting
neighborhood composting programs. They suggested that it include
financial incentives for behavioral change and more specifics on increasing
affordable housing.
Mayor Hemminger proposed that Sunrise Movement members provide their
comments regarding Duke Energy's proposed plan to the Utilities
Commission as well. That Commission would be accepting comments up to
the middle of February and the Council would welcome support, she said.
She noted that Duke Energy had proposed six different plans, none of
which relied heavily on renewable energy but some of which did move
away from coal.
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Guthrie Richardson, youth liaison to the Parks, Recreation and Greenways
Commission, stressed the importance of having walkable communities
where people could live/work and use light rail. He recommended a
massive increase in dense, mixed-income and affordable housing so that
40,000 people would no longer need to commute into Town for work each
day.
Julian Taylor, a Chapel Hill resident, said that young people wanted to
know that they would still be able to live in Chapel Hill in future years and
were demanding a sustainable approach that does not promote vehicle
use.
Ella Carter, a UNC student, said that single-family housing needed to be
addressed as well because that would not be sustainable either in the
long term.
Eliza Gilliom, a freshman at Chapel Hill East, expressed concern about the
lack of affordable housing in Town. The cost of housing and rentals had
been pushing lower-income families out of Town, she said.
Tom Henkle, a Chapel Hill resident, advised the Council to focus the Plan
on buildings and resiliency. He said that 70 percent of greenhouse gases
came from energy use in buildings, and that the Town should increase its
tree canopy and improve its stormwater management. He recommended
that the Town replace its current energy rules with American Institute of
Architects (AIA) 2030 energy-use standards and consult with Mike
Nicholas, an architect who designs buildings in accordance with the AIA
2030 program.
Mayor Hemminger noted that several speakers had commented on "urban
sprawl" and the needs for Town boundaries. She pointed out that the
Town did have a 30-year-old Urban Services Boundary and she
recommended that be noted in the Plan.
Council Members praised staff for their good work and said they agreed
with the need for more emphasis on the connections among housing,
transportation, natural space, stormwater infrastructure, transit, and racial
equity issues. Council Member Ryan suggested that the Plan provide more
education about ecological services' roles in resiliency and discussed
linking the Plan to the Town's Future Land Use Map.
The Mayor and Council spoke in favor of including a glossary of
understandable terms that would be accessible to all. Council Member
Buansi recommended that the introductory statement be from the Town
Council. Mayor pro tem Parker proposed that the Plan start with an
introductory piece that would include hyperlinks to other information
within the text.
Page 14 of 17
Town Council Meeting Minutes - Final January 27, 2021
Mayor Hemminger said that the Plan should portray a sense of urgency. It
should include more about green infrastructure and look at various Town
departments through an environmental action lens, she said. She
stressed the importance of publicizing actual steps that the Town had
already taken such as converting its fleet to electric vehicles. Duke
Energy needed to be pushed to do better, she said.
Mayor Hemminger noted that the NC legislature would not allow the Town
to do some of the things it wanted to do. However, Chapel Hill had joined
other cities in finding alternatives, she said, and she predicted that
constituents in North Carolina would rise up and demand change.
This item was received as presented.
11. FY 2020 Financial Results and Trends and FY 2021 Q2 [21-0056]
Financial Update.
Auditor Brandi Fesperman, representing Martin Starnes and Associates,
described the auditing procedure under COVID-19 and said that Town staff
had provided everything necessary for the remote evaluation. She issued
an "unmodified opinion", which was the highest opinion possible, she said.
Ms. Fesperman said that the Management Discussion and Analysis section
of the report, which provided a good summary, was on the Town's
website.
Director of Business Management Amy Oland gave an update on FY 2020
financial results and trends. She discussed four major sections of the
Town's Comprehensive Annual Financial Report as well as year-end
results, trends and next steps. In addition to the unmodified opinion from
Martin Starnes, staff expected to receive the "Certificate for Achievement
for Excellence in Financial Reporting" award from the Government Finance
Office’s Association and would continue to maintain its AAA bond rating,
she said.
Ms. Oland reported that overall balance in the Town's General Fund had
increased by $1.08 million to a total of $27.3 million, with an available
fund balance of $15.1 million (23.7 percent). Despite COVID-19, the Town
had had strong revenues in the first three quarters and practices such as a
Townwide hiring freeze had saved money, she said.
Ms. Oland pointed out that the Town's Debt Management Fund balance
had increased as well, by $2.1 million to $9.6 million. However, there was
a planned issuance of about $58 million in new debt and the service
payments on that would be $4.5 million annually, she pointed out. She
said that current calculations did not include the cost of the new
Rosemary Street Deck, which was planned to come from the Parking Fund.
Ms. Oland said that the Transit Fund had added more than $2.75 million,
Page 15 of 17
Town Council Meeting Minutes - Final January 27, 2021
with a total fund balance of $35.7 million and was in a much better
financial position than it had been in the past. She said that the Parking
Fund had been hit hard by COVID-19; however, it had finished the year
with a loss of $500,000. She explained the pandemic-related causes of
that decline and said that staff would be looking at short-term strategies
to help the Parking Fund recover.
Ms. Oland said that the Housing Fund had finished the year with a
negative $21,000, even though it typically broke even. However, with
$474,000 in unrestricted assets due to capital contributions, grants and
increased tenant income, its strong fund balance was 138.1 percent of its
annual operating budget, she pointed out. She said that the Stormwater
Fund was strong as well, with a fund balance that was 106.4 percent of its
operating budget.
Ms. Oland gave an update on revenues from July 1, 2020 to December 31,
2020. She said that 82.1 percent of property taxes had been collected
through that quarter, and the total was higher than it had been in the
previous five years. She said that the Town had projected a 5 percent
decline in sales taxes but revenue had actually increased by 4.13 percent.
It was difficult to be certain why revenue had increased, but it might have
been the result of federal stimulus funds going to individuals during June
and July 2020, she said.
Ms. Oland said that occupancy (hotel/motel/Airbnb) taxes had been
significantly impacted by COVID-19, with revenues decreasing to about 65
percent of normal. Although those taxes made up a small percentage of
the Town's overall budget, they did indicate how the tourism industry was
coping, she said. She said that departmental fees had also been impacted
by COVID-19, particularly in the Parks and Recreation Department due to
facility closures and cancelled programs.
Ms. Oland said that the Town had spent 43 percent of its budget,
compared to the normal 50 percent. She pointed out that the hiring
freeze had saved about $1 million through the first six months of the year
and said that operating costs had been reduced by about $1.2 million due
to cuts in maintenance and other expenses.
Ms. Oland said that Enterprise Fund revenues were on target and the
Town expected to receive a second allocation of federal CARES funding.
Staff had been monitoring Parking Fund expenses where possible to help
offset revenue shortfalls there, she said. She explained that staff was
also evaluating short-term strategies to help the parking Fund sustain
COVID-19 impacts and would discuss those with the Council at a work
session in March.
Ms. Oland pointed out that the Town had received about $164,000 in
Page 16 of 17
Town Council Meeting Minutes - Final January 27, 2021
CARES funding for its Housing Authority and said that rents had been in
line with the previous year. Stormwater had collected $1.2 million in fees
through November and December, so staff anticipates large revenues in
that fund, she said.
Ms. Oland said that she would present a second quarter update at the
Council's upcoming budget retreat and would return for the Council's first
public budget forum on February 24, 2021. The Council would address
budget-related topics at its March and April work sessions and was
scheduled to issue bonds in April and June, she said.
Mayor Hemminger commented on how hard and well staff had worked to
keep the Town functioning during the pandemic. She noted that Chapel
Hill was in a good financial position compared to many other communities.
A couple of Town funds were struggling, but it was a very positive
financial report overall, she said.
This item was received as presented.
ADJOURNMENT
The meeting was adjourned at 11:25 p.m.
Page 17 of 17
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 Hongbin Gu
Mayor pro tem Michael Parker Council Member Tai Huynh
Council Member Jessica Anderson Council Member Amy Ryan
Council Member Allen Buansi Council Member Karen Stegman
Wednesday, January 27, 2021 7:00 PM Virtual Meeting
Virtual Meeting Notification
Town Council members will attend and participate in this meeting remotely,
through internet access, and will not physically attend. The Town will not
provide a physical location for viewing the meeting.
The public is invited to attend the Zoom webinar directly online or by phone.
Register for this webinar:
https://us02web.zoom.us/webinar/register/WN_EhMyH2EIS1CnTKtyPIlWyw
After registering, you will receive a confirmation email containing information
about joining the webinar in listen-only mode. Phone: 301-715-8592,
Meeting ID: 875 7074 5741
View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx –
and on Chapel Hill Gov-TV (townofchapelhill.org/GovTV).
OPENING
ROLL CALL
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
http://www.townofchapelhill.org Page 1 of 4 Printed on 1/25/2021
Town Council Meeting Agenda January 27, 2021
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. [21-0046]
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 [21-0047]
Amendment to Adjust Various Fund Budgets for FY
2020-21.
By enacting the budget ordinance amendment, the Council adjusts
the General Fund, Stormwater Fund, and Capital Improvements Fund
FY 2021 budgets. By enacting the projects ordinance amendments,
the Council adjusts the Affordable Housing Fund, Housing Capital
Grants Fund, and the 2015 Streets and Sidewalks Bond Fund.
3. Submit Public Comments to the North Carolina [21-0048]
Utilities Commission Concerning Duke Energy’s 2020
Integrated Resource Plan.
By adopting the resolution, the Mayor, on behalf of the Town
Council, would sign the attached letter to submit public comments to
the North Carolina Utilities Commission concerning Duke Energy’s
2020 Integrated Resource Plan.
4. Continue the Public Hearing for a Conditional Zoning [21-0049]
Application for Columbia Street Annex, 1150 S.
Columbia Street, from Residential-2 (R-2) to Mixed
Use-Village-Conditional Zoning District (MU-V-CZD)
and Continue the Public Hearing for the Closure of an
Unmaintained Portion of the Monroe Street
Right-of-Way to February 24, 2021.
By adopting the resolution, the Council continues public hearings to
discuss the Conditional Zoning Application for 1150 S. Columbia
Street and the Monroe Street Right-of-Way closure to February 24,
2021.
5. Amend the 2020-21 Council Calendar. [21-0050]
http://www.townofchapelhill.org Page 2 of 4 Printed on 1/25/2021
Town Council Meeting Agenda January 27, 2021
By adopting the resolution, the Council amends the 2020-21 Council
calendar to schedule special meetings for the Council Retreat.
5.1 Authorize the Use of Eminent Domain to Acquire [21-0065]
Property on North Street. (added 1/25/21)
INFORMATION
6. Receive Upcoming Public Hearing Items and Petition [21-0051]
Status List.
By accepting the report, the Council acknowledges receipt of the
Scheduled Public Hearings and Status of Petitions to Council lists.
DISCUSSION
7. Update on Town Efforts to Respond to the COVID-19 [21-0052]
Crisis. (no attachment)
PRESENTER: Chris Blue, Police Chief/Community Safety Executive
Director
Vencelin Harris, Fire Chief
Kelly Drayton, Emergency Management Coordinator
The purpose of this item is for the Town Emergency
Management/Public Safety staff to provide an overview of Town
efforts to respond to the COVID-19 crisis.
8. Public Hearing Continued: Conditional Zoning for 1200 [21-0053]
& 1204 Martin Luther King Jr. Blvd. from Residential-4
(R-4) and Neighborhood Commercial (NC) to
Office/Institutional-2-Conditional Zoning District
(OI-2-CZD) and Neighborhood Commercial
Conditional Zoning District (NC-CZD) (Project
#19-065).
PRESENTER: Michael Sudol, 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 close the Public Hearing and receive written public
comment for 24 hours following the closed public hearing
g. Consider approving the Conditional Zoning application at the
http://www.townofchapelhill.org Page 3 of 4 Printed on 1/25/2021
Town Council Meeting Agenda January 27, 2021
February 24, 2021 meeting.
RECOMMENDATION: That the Council close the Public Hearing,
receive written public comment for 24 hours following the closed
public hearing, and make a motion to schedule consideration of the
item at the Council Meeting on February 24, 2021.
9. Public Forum and Consider Amending the 2020-2021 [21-0054]
Community Development Block Grant Program Plan.
PRESENTERS: Nate Broman-Fulks, Affordable Housing Manager
Megan Culp, Community Development Program Manager
RECOMMENDATION: That the Council:
1. Open the forum to receive and provide comments on an
amendment to the 2020-2021 CDBG program;
2. Close the public forum;
3. Adopt the resolution approving an amendment to the 2020-
2021 CDBG program;
4. Authorize the Town Manager to submit an amended 2020-2021
Community Development Block Grant Annual Action Plan to the
U.S. Department of Housing and Urban Development;
5. Enact the attached project ordinance to amend the CDBG
budget for the 2020-2021 program; and
6. Enact the project ordinance to accept and appropriate the new
CDBG-CV funds.
10. Receive and Provide Guidance on the Draft Climate [21-0055]
Action and Response Plan.
PRESENTER: John Richardson, Community Resilience Officer
RECOMMENDATION: That the Council receive the staff report and
provide guidance on the staff’s recommended next steps, as needed.
11. FY 2020 Financial Results and Trends and FY 2021 Q2 [21-0056]
Financial Update.
PRESENTER: Brandi Fesperman, Senior Accountant, Martin Starnes &
Associates, CPAs, P.A.
Amy Oland, Business Management Director
RECOMMENDATION: That the Council receive this report on the
Town’s CAFR for FY 2020, FY 2020 Financial Results and Trends
presentation and FY 2021 Q2 Financial Update presentation.
REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT,
PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS
http://www.townofchapelhill.org Page 4 of 4 Printed on 1/25/2021
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