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SUMMARY MINUTES OF A ASSEMBLY OF GOVERNMENTS
OF THE CHAPEL HILL TOWN COUNCIL
THURSDAY, MARCH 26, 2009, AT 7:00 P.M.
Present were Chapel Hill Mayor Kevin Foy, Mayor pro tem Jim Ward, Council
Member Matt Czajkowski, Council Member Laurin Easthom, Council Member
Sally Greene, Council Member Ed Harrison, Council Member Mark Kleinschmidt,
Council Member Jim Merritt, Council Member Bill Strom, Carrboro Mayor Mark
Chilton, Carrboro Alderman Jacquelyn Gist, Carrboro Alderman Joal Hall Broun,
Carrboro Alderman Lydia Lavelle, Orange County Commission Chair Valerie
Foushee, Orange County Commissioner Alice Gordon, Orange County
Commissioner Pam Hemminger, Orange County Commissioner Barry Jacobs,
Orange County Commissioner Bernadette Pelissier, Orange County Commissioner
Steve Yuhasz, and Hillsborough Mayor Tom Stevens.
Staff members present were None.
1. Welcome, Introductions, and Opening Remarks
Mayor Foy called the meeting to order. Mayor Stevens and Commission Chair
Foushee welcomed everyone.
Mayor Foy said the assembly would take public comment.
2. Public Comment Period
Bonnie Hauser, Orange County resident, voiced her opposition to an airport. She
said there were more than 1,000 members in opposition. She said they feel
underrepresented, and that the challenge is the waste transfer station. She noted that
a petition had been submitted regarding the waste transfer station.
Judith Ferter, Orange County Sierra Club, noted that she had emailed members of
the assembly and was there to express support for the new Jordan Lake rules as
submitted.
3. Receive a petition from Rogers' Road residents
Minister Robert Campbell addressed the petition submitted by Rogers' Road
residents. He said the community had bore the burden of all of the community's
trash and had been denied public services. He said each petition requesting
services in the past had been delayed for some reason. He said the
recommendation is that all entities should collaborate to find funds for the Rogers
Road — Eubanks community. He said the petition submitted by the residents in
December 2008 included a list of available funding sources. He said the residents
were asking elected officials to commit to a specific date when services outlined in
the petition will happen.
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Council Member Kleinschmidt said he had chaired the taskforce appointed to
address the Rogers Road requests for services. He said other elected officials as
well as several members of the community, and at large members of boards and
commissions had served on that taskforce for the last two years. He said they
received information from Orange County, OWASA, and town governments, to
achieve services and a vision for the community. He said the Rogers Road
community was an old community that in recent years had experienced urban
encroachment. He said located in one part of the community is the dump, and that
Carrboro had annexed a great deal of one side of Rogers Road. Council Member
Kleinschmidt said the taskforce had charettes to determine a vision of how to
incorporate the pressures of growth, and what elements make it a special place. He
said the area was owned by the jurisdictions around the table. He said on page 25
of their materials there is a chart with a summary of the joint planning activities
that refers the report to all entities including schools, the establishment of a
community work group, and a funding and phasing plan for water and sewer
services. He said the goal was to develop access to those services.
Alderman Gist said out of the group working on mitigation measures of living near
the dump, came the running of water lines up Rogers Road. She said the problem
was not so much getting the lines to the houses, but the water pressure presented
problems for old plumbing fixtures. She cautioned that getting water into the
houses was the issue, not running water lines down the road and to the houses.
Alderman Broun said they should constitute the work group and set a deadline for
boards to come up with some plan.
Mayor Foy called for each separate board to review the information and take some
kind of action. Mayor Chilton said the work group had done great work and the
process for moving forward. He said he was prepared to move forward.
Commissioner Jacobs said he and Chair Foushee and Commissioner Cary had met
with the community and a list of concerns had been raised at that meeting that
should be incorporated into this report. He said they had looked into contracting
with a plumbing company to do all the waterlines.
Commissioner Broun asked if each entity would go back and appoint people for
this work group and set a deadline. Commissioner Gist said the smaller the group
the better and suggested a core group with one member from each body and begin
the process with a Saturday retreat to determine the next steps.
Mayor Foy said each board could develop its own process to appoint members.
Mayor Chilton suggested one member and an alternate. Minister Campbell
suggested there be a community resident and an alternate.
There was unanimous agreement from the Assembly.
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4. Jordan Lake
Sally Kost, Chatham County Commissioner, gave Chatham County's perspective
regarding the Jordan Lake Nutrient Rules. She read the written comments that
noted the steps Chatham County has taken to be good environmental stewards. She
said on February 16, by unanimous vote, the commissioners had passed a resolution
supporting the proposed Jordan Lake Reservoir Water Supply Nutrient Strategy
Rules. She asked the other governmental entities to join them in support of the rules
as they have been presented.
a. Water Supply Nutrient Strategy
Sue Burke, Chapel Hill Stormwater Engineering, presented a PowerPoint
presentation on the Jordan Water Supply Nutrient Strategy.
Mayor Foy noted that each unit had already taken action on these rules, noting
there is a bill in the Legislature to kill the rules because there is opposition that will
end up in modifying the rules.
Ted Voorhees, Durham Deputy Manager, gave Durham's perspective. He said
there was strength in their partnership, and that he was not here to convince them of
anything. He said he respects their positions, but he would like to put other things
on the table. He said it was a complex issue and he did not know what the perfect
answer is, and that is why they were seeking compromise. He referred to Mayor
Bill Bell's letter, and said that they believe they are for the most comprehensive
water protection program in North Carolina, but not for the Jordan Lake rules as
currently drafted. He said the existing development rule is questionable,
unreasonable, and most costly to impose on the City of Durham. Mr. Voorhees said
they wanted to maintain a good relationship with all units here tonight. He said they
were making progress working together even if not for the same decision, to move
forward to development of drinking water rules for Jordan Lake. He said they
would gain nothing by debating science, but Durham's position is that the model
used by the Department of Environment and Natural Resources is based on very
few data points, most of which were collected during drought, and should not be
relied upon solely. Mr. Voorhees said Durham recognized the issue with Chatham
County when the lake was placed in their yard. He said UNC had said that the
Jordan Lake placement was wrong because of the water quality, and here we are
today debating what they had predicted. He noted that from Fayetteville to the
headwaters they couldn't have picked a worse place for the lake.
Voorhees said Durham was first to build a nitrogen reduction facility before it was
required and they couldn't understand why there could not be different standards
for different areas of the lake. He said they suggest they take a look at what was
done in the Neuse Basin and adopt rules even more strict than those. He said they
also agree with the adaptive management approach, and working with ordinances
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already in place, before going forward with these costly retrofits.
Mayor Foy said everyone had positions on this already — that Chatham was worried
about water quality, and Durham is concerned about the cost.
Chair Foushee noted that on page 39 of the Orange County handout (in purple)
included the revised rules for the county.
Commissioner Jacobs read a newspaper article from 1978 with comments from
then Chapel Hill Mayor Jimmy Wallace about the location of Jordan Lake being
the worst place to put a lake and that it would be costly to keep it clean.
Council Member Harrison said the bill is in the General Assembly, not an
environmentally friendly General Assembly, and they didn't need any help in
compromising the rules. He said Rep. Hackney and others could save the rules. He
said the Chapel Hill storm water utility and master plan puts the Town ahead of the
game. He added that when the bill emerges from the General Assembly they would
have to prove they are in compliance. Council Member Harrison added that a
funding stream hasn't been developed for this EPA mandate, and 30 years ago there
was a funding stream. He said the General Assembly needed advice on the rules,
not help in how to compromise them from local governments.
b. Water Intake
Ed Holland, OWASA, said there was a one page paper in the packet that talks
about OWASA's water supply plan update. He said they had signed on to the
Jordan Lake partnership and had made a financial commitment to participate.
Mayor Chilton said that Mr. Wallace had firmly believed that building and drinking
water from Jordan Lake would be a mistake. He said Mr. Wallace had worked hard
to move the water supply to the Cane Creek reservoir. He said the creation of that
reservoir for use as a drinking water resource had been the crowning achievement
of Mr. Wallace's life. Mayor Chilton said he did not know that the retrofit rules are
perfect as drafted now, but they had to include some retrofit.
Council Member Harrison asked for OWASA updates.
Alderman Broun said that 75 percent of the world uses water to survive and we all
need to think about what we use water for such as watering lawns, etc. She noted
that they needed to pay close attention to the State controlling water, adding that if
the State gets control, you could forget about what monies they may use to do away
with pollution, because State control means more development with less pollution
control.
Commissioner Jacobs asked about OWASA's updated water supply plan.
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Randy Kabrick, OWASA, said they needed to be partners with each other in the
watershed, because nobody in engineering or environment agrees with the Jordan
Lake rules that will cost a lot of money with no certain benefit.
Commissioner Kost said Durham was scheduling a public hearing regarding the
issue. She said they had committed to funding a survey of the lake.
Commissioner Gordon spoke in support.
5. Public Library Services and Funding
Mayor Foy said the Chapel Hill library is providing services to all of the
community and will expand those services and operations. He introduced Kathy
Thompson, Library Director, to provide information.
Ms. Thompson said that for every $1 investment made to the library there was an
$8 return. She said people were relying on the library in this economic time seeking
employment, and reading books instead of buying them. She said the library was a
valuable resource in the area, and there had been a 20 percent increase in its use.
Ms. Thompson said 55 percent of the patrons were Chapel Hill residents, while the
remaining 40 percent of patrons were Orange County residents. She said there has
been a 6.5 percent increase in the use of materials, and the library is in a pinch
because it has lost 34 hours of staff time. She said just when the public needs them
the most they are having to cut back on services, while revenues remain the same.
She said she had provided a breakdown of growth and cost issues in the meeting
packets.
Mayor Foy said Chapel Hill was in a lull with its library expansion plans, and
everyone had budget issues, so he thought this would be a good time to step back
and look at this objectively. He said Chapel Hill supports 40 percent of the users
(from Orange County) with only 11 percent of funding from the County. He said an
option they were looking at and would like to consider it in conjunction with
Carrboro and Orange County is charging $150 for a library card. Mayor Foy said
they did not want to do that but they need help. He said if we go in that direction
we need to do it together, or if there are other solutions they need to be discussed.
Mayor Chilton introduced Orange County Library Director Lucinda Munger, who
handed out statistics for Orange County branches and a budget summary outlining
budget scenarios and service provision for the 2009-2010 budget. Mayor Chilton
said they were still in the discussion stages.
Commissioner Broun said she had thought about this and it may be time to think
about a unified library system. She said that would help them make decisions on
where to place facilities. She said it was the wrong time to discuss a $150 library
card.
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Mayor Foy said the argument is Chapel Hill citizens are paying for others to use the
library. Right now none of us have money and we won't be expanding until things
change, he added. Mayor Foy said they ought to take advantage of this. He said
they have a huge capital investment that involves a significant amount of money.
Commissioner Broun said if an increase had to happen it would have to happen.
She added that she had offered a proposal for discussion.
Mayor pro tem Ward said Chapel Hill has asked Orange County for increased
contributions for years.
Commissioner Jacobs proposed they talk about a unified system, avoid tit for tat
conversations, and approach this in a positive manner.
Mayor Chilton called their attention to the six different scenarios for Orange
County library operations, all calling for the closing of the cybrary, which is central
to services. Alderman Lavelle said if branches are closed and services cut back,
Carrboro residents would have to go to Chapel Hill.
Mayor Foy said the operation of the library was approaching 15 percent of the
property tax rate.
Chair Foushee said the document was draft, and commissioners had not had time to
discuss it. She said the point about consolidating services needed to be discussed
but this was not the place to do that. She said the issue needs a resolution. She
added that she understood their position but tonight's not the place to discuss it, and
they will do what they can.
Mayor Foy agreed, and said Chapel Hill would take the lead, if other boards would
appoint members to a work group.
Commissioner Gordon said she supported planning a more integrated system.
Council Member Czajkowski asked that someone take a second look at the figures
submitted by Orange County libraries and determine costs associated with each
branch.
Mayor Foy adjourned the meeting at 9:20 p.m.
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