Town Council

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Town Council Chapel Hill, NC 27514 Meeting Minutes - Final Mayor Jessica Anderson Council Member Theodore Nollert Mayor pro tem Amy Ryan Council Member Adam Searing Council Member Camille Berry Council Member Elizabeth Sharp Council Member Melissa McCullough Council Member Karen Stegman Council Member Paris Miller-Foushee Wednesday, March 12, 2025 6:00 PM RM 110 | Council Chamber Language Access Statement In-Person Meeting Notification View the Meeting • View and participate in the Council Chamber. • Live stream the meeting - https://chapelhill.legistar.com/Calendar.aspx • Spectrum is replacing 1998 encoder that transmits programming to cable channel 18. It remains offline until complete. • The Town of Chapel Hill wants to know more about who participates in its programs and processes, including Town Council meetings. • Participate in a voluntary demographic survey before viewing online or in person - https://www.townofchapelhill.org/demosurvey Parking • Parking is available at Town Hall lots and the lot at Stephens Street and Martin Luther King Jr. Boulevard. • See http://www.parkonthehill.com for other public lots on Rosemary Street • Town Hall is served by NS route and T route, and GoTriangle Routes of Chapel Hill Transit. Entry and Speakers Page 1 of 7 Town Council Meeting Minutes - Final March 12, 2025 • Entrance on the ground floor. • Sign up at the meeting starting at 5:30 PM with the Town Clerk to speak. • If more than 14 people sign up for an item, Council will reduce speaking time from 3 minutes to 2 min./person. • Please do not bring signs. ROLL CALL Mayor Anderson called the meeting to order at 6:00 p.m. and reviewed the agenda. Present: 8 - Mayor Jessica Anderson, Mayor pro tem Amy Ryan, Council Member Camille Berry, Council Member Paris Miller-Foushee, Council Member Karen Stegman, Council Member Theodore Nollert, Council Member Melissa McCullough, and Council Member Elizabeth Sharp Absent: 1 - Council Member Adam Searing OTHER ATTENDEES Interim Town Manager Mary Jane Nirdlinger, Deputy Town Manager Loryn Clark, Town Attorney Ann Anderson, Strategic Communications and Marketing Executive Director Susan Brown, Planning Director Britany Waddell, Engineering and Infrastructure Manager Chris Roberts, Engineer III Rob Gehris, Community Sustainability Manager John Richardson, Fire Marshal Danny Lloyd, Diversity, Equity, and Inclusion Officer Shenekia Weeks, Director of Emergency Preparedness and Risk Management Kelly Drayton, and Assistant Town Clerk Brenton Hodge. OPENING 0.01 Proclamation: Women's History Month [25-0119] The Mayor and Council read a proclamation declaring March 2025 as Women's History Month in the town of Chapel Hill and presented the proclamation to Ms. Lillian Lee, accepting on behalf of herself and other accomplished women in Chapel Hill. This matter was read into the record. ANNOUNCEMENTS BY COUNCIL MEMBERS 0.02 Proclamation: American Red Cross Month [25-0120] Council Member Nollert read a proclamation that declared March 2025 as American Red Cross Month in Chapel Hill, joining communities throughout the world. He presented the proclamation to Emergency Preparedness and Risk Management Director Kelly Drayton and staff. This matter was read into the record. PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND PETITIONS FROM THE PUBLIC AND COUNCIL MEMBERS Page 2 of 7 Town Council Meeting Minutes - Final March 12, 2025 Petitions and other similar requests submitted by the public, whether written or oral, are heard at the beginning of each regular meeting. Except in the case of urgency and unanimous vote of the Council members present, petitions will not be acted upon at the time presented. After receiving a petition, the Council shall, by simple motion, dispose of it as follows: consideration at a future regular Council meeting; referral to another board or committee for study and report; referral to the Town Manager for investigation and report; receive for information. See the Status of Petitions to Council webpage to track the petition. Receiving or referring of a petition does not constitute approval, agreement, or consent. 0.03 Rob Koegler Requests Intervention from Town with Huse [25-0121] Street Developer Rob Koegler, a 21-year resident of Huse Street, asked the Council to pressure the developer to honor the original 4-to-6-month notice after being told to move out of his home by May 31st. This item was received as presented. CONSENT Items of a routine nature will be placed on the Consent Agenda to be voted on in a block. Any item may be removed from the Consent Agenda by request of the Mayor or any Council Member. Approval of the Consent Agenda A motion was made by Mayor pro tem Ryan, seconded by Council Member Berry, 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 [25-0110] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 2. Authorize the disposal of various replaced appliances from [25-0111] public housing units This resolution(s) and/or ordinance(s) was adopted and/or enacted. 3. Continue the Legislative Hearing and Defer Considering the [25-0112] Application for 200 S. Elliott Road This resolution(s) and/or ordinance(s) was adopted and/or enacted. 4. Amend the 2024-25 Council Calendar [25-0113] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 5. Adopt Minutes from September 11, 23 and 25, 2024, Meetings [25-0114] Page 3 of 7 Town Council Meeting Minutes - Final March 12, 2025 This resolution(s) and/or ordinance(s) was adopted and/or enacted. 6. FY25 Town Arts and Culture Award Program Recommendations [25-0123] Mayor Anderson pointed out that Item 6 would be voted on separately because Council Member Miller-Foushee, a Marion Cheeks Jackson Center board member, would need to be recused. A motion was made by Council Member Berry, seconded by Council Member Nollert, that the Council recuse Council Member Miller-Foushee from voting on item #6. The motion carried by a unanimous vote. A motion was made by Mayor pro tem Ryan, seconded by Council Member Berry, that the Council adopt R-6 . The motion carried by the following vote: Aye: 7 - Mayor Anderson, Mayor pro tem Ryan, Council Member Berry, Council Member Stegman, Council Member Nollert, Council Member McCullough, and Council Member Sharp Absent: 1 - Council Member Searing Recused: 1 - Council Member Miller-Foushee DISCUSSION 7. Authorize the Town Manager to Execute a Brownfields [25-0116] Agreement with the North Carolina Department of Environmental Quality for the Police Station Property Located at 828 Martin Luther King Jr Blvd. Interim Town Manager Mary Jane Nirdlinger announced that the Town had received a signed Brownfields Agreement from the North Carolina Department of Environmental Quality (NCDEQ) concerning the contaminated property at 828 Martin Luther King Jr. Boulevard. Community Sustainability Manager John Richardson highlighted the various meetings held with the Town and NCDEQ since 2021 regarding remediation and redevelopment of the site clarifying the agreement did not dictate future development plans, but outlined permissible uses. Mr. Richardson recommended that the Council adopt Resolution 7, authorizing the Town Manager to sign the Brownfields Agreement, and outlined the subsequent steps through June 2025. Nick Torrey, a senior attorney from the Southern Environmental Law Center representing Friends of Bolin Creek, expressed concerns about the presence of arsenic and cadmium in coal ash, as identified by the U.S. Environmental Protection Agency (EPA). He noted that the EPA's report Page 4 of 7 Town Council Meeting Minutes - Final March 12, 2025 was released a month after NCDEQ approved the Brownfields Agreement and that the Southern Environmental Law Center had previously raised these issues. Mr. Torrey argued that the site was unsuitable for a Brownfields project and urged the Council to pursue a comprehensive clean-up plan. Julie McClintock, co-president of Friends of Bolin Creek, recounted her group's advocacy efforts since 2014, emphasizing that NCDEQ had not considered the new findings about cadmium and arsenic. Isabel Geffner, a Chapel Hill resident, described the issue as a matter of life and death and stressed the importance of heeding Torrey's advice, given his expertise in coal ash. Council asked Mr. Richardson to provide clarification on the flexibility of the Brownsfields Agreement. Mr. Richardson confirmed that the agreement allowed a range of remediation options, and assured the Council that signing the agreement would not prevent the Town from considering new evidence or collaborating with experts like Mr. Torrey. Mr. Richardson reviewed the Town's effort since the 2013 coal ash discovery, including measures to create a barrier between the contaminants and the public. The Council agreed to sign the Brownfields Agreement, emphasizing their commitment to understanding the EPA report and engaging in public discussions. They also expressed concerns about transporting coal ash to other communities and requested additional information on this aspect. A motion was made by Council Member Stegman, seconded by Council Member Berry, that the Council adopt R-7. The motion carried by a unanimous vote. 8. Open the Public Hearing and Consider a Request to Close the [25-0102] Public Right-of-Way Portion of Huse Street. Engineer Robert Gehris presented a 2024 request to close the Huse Street right of way (ROW). This request was linked to the Chapel Hill Crossing, a multi-unit residential building at 5500 Old Chapel Hill Road, which the Council approved in 2023. Mr. Gehris reviewed the completed steps and the appeal process, showing the ROW's location on an area map and providing background on the Huse Street area. Mr. Gehris noted neither the Town or Orange Water and Sewer Authority (OWASA) had a need for the ROW. He mentioned that staff had notified adjacent property owners, receiving no objections except from Mr. Koeyler, who had previously addressed the Council (Item 0.03). Mr. Gehris recommended that the Council open and close the public hearing and consider adopting Resolution 8 to permanently close the ROW. Page 5 of 7 Town Council Meeting Minutes - Final March 12, 2025 The Council and developer Ernie Brown discussed the possibility of delaying the closure to accommodate Mr. Koeyler's needs. Mr. Brown indicated that while he might be able to consider a delay if there was extra time, his contract required him to submit all permits by the end of May. He pointed out that NC law mandates only a 30-day notice for month-to-month tenants, and he had provided almost 90 days. Additionally, he had offered tenants a moving allowance and a return on their deposits. Council discussed the implications of delaying the process. Town Attorney Ann Anderson explained that NC General Statute permits the Council to close a street if it is not contrary to the public interest and no nearby property owner would be deprived of access. Chapel Hill resident Liv Hutchby addressed Council, noting that World Water Day was approaching on March 22, 2025. She urged Council to be mindful of how the Town and County make decisions involving water resources. A motion was made by Council Member Stegman, seconded by Council Member Berry, that the Council adopt R-8. The motion carried by a unanimous vote. 9. Open the Public Hearing to Consider a Request to Close [25-0103] Portions of the Public Right-of-Way in Cowan Boulevard and White Oak Drive Engineer Robert Gehris presented a request to close a portion of White Oak Drive and parts of an undeveloped right of way (ROW) known as Cowan Boulevard. He displayed the location on an area map and explained that the request was related to the Meridian Lakeview project, a multi-unit residential development that will include 316 apartments. Mr. Gehris noted that neither the Town nor OWASA a need for the ROW. Mr. Gehris reminded Council the Town approved a Conditional Zoning for the same project in 2023, known as Gateway Development. He noted staff notified adjacent property owners and had received no objections. He recommended that Council open and close the public hearing and consider adopting Resolution 9, which would permanently close the ROWs. A motion was made by Mayor pro tem Ryan, seconded by Council Member Miller-Foushee, that the Council adopt R-9. The motion carried by a unanimous vote. ADJOURNMENT This meeting was adjourned at 7:27 p.m. Page 6 of 7 Town Council Meeting Minutes - Final March 12, 2025 Page 7 of 7