MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL

HILL, NORTH CAROLINA, MONDAY, OCTOBER 14, 1991 AT 7:30 P.M.

Mayor Howes called the meeting to order.

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr. Council Members Nancy Preston and James C. Wallace were absent excused. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Howes asked Art Cleary and Joyce Higgs to join him at the podium. He noted that October 16th was World Food Day, recognized around the nation and world with efforts to alleviate hunger. Mayor Howes said that the Interfaith Council Community Kitchen was founded in 1982. He added that the kitchen served three meals a day, every day of the year, through the efforts of over four hundred area volunteers. Mayor Howes said that the kitchen had served 60,000 meals to date and anticipated serving approximately 75,000 meals during 1991. He thanked Ms. Higgs and Mr. Cleary for their efforts. Mayor Howes noted that Mr. Cleary had received a National Jefferson Award for community service earlier in the year. Mayor Howes presented Ms. Higgs and Mr. Cleary with the United States Conference of Mayors Award for Ending Hunger.

Ms. Higgs thanked the Mayor and Council for the award on behalf of the community kitchen. Ms. Higgs said that the work of the community kitchen and shelter would not be possible without the efforts of dedicated community volunteers. She invited interested parties to tour the community kitchen during open houses on Tuesdays at 4 and 7 p.m. Expressing his appreciation for their spirit of volunteerism, Mayor Howes invited Ms. Higgs and Mr. Cleary to shake hands with the Manager, Attorney and Council Members.

Mayor Howes noted that the 12th annual G'Litter Day would be held on Saturday, October 19th, beginning at Wells Spring Grocery on Elliott Road. He said that G'Litter Day had been a major event in the life of the community in the past.

Item 3 Petitions

Dr. Pierre Morell, representing several hundred residents in University area, said he and his neighbors had collected over two hundred signatures from persons concerned about noise levels and related safety matters at the University power plant. A copy of Dr. Morell's petition is on file in the Town Clerk's Office. Dr. Morell said that neighborhood residents needed assistance in resolving noise and safety concerns. He noted that Police officials had stated that the power plant was exempt from Town ordinances.

Dr. Morell stated that University officials had conceded that some noise and safety violations had not been to the Town Manager, as required in the plant's special use permit. Dr. Morell said that the neighborhood residents did not challenge the University's authority to have a power plant. He added that over one hundred persons had attended a community meeting on October 9th to outline concerns about the operation of the power plant. Dr. Morell urged the Council to assist in having the University operate the power plant in a manner which would reasonably accommodate the needs of neighborhood residents. He concluded by noting that long-term monitoring of the situation would be necessary.

Council Member Werner stated that the special use permit for the University power plant was a fairly stringent one which the University had accepted voluntarily. He stated that unlike most special use permits, it would have to be policed to a greater extent by neighbors than by Town staff. Council Member Werner said the Council had a special obligation to respond expeditiously in investigating alleged violations of the permit. He suggested having State officials play an active role in investigating the matter. Council Member Werner said the situation presented an opportunity for the University to demonstrate its ability to work more closely with the Town and its neighbors.

Council Member Werner inquired to the Town's staff response to neighbors concerns to date. He also asked what remedies and enforcement actions were available. Council Member Werner also inquired whether it would be possible for the University to request a modification of its special use permit. Mr. Horton responded that he could provide information on the first two questions in the near future. He also noted that if the University were unable to comply with the existing special use permit, it would be necessary to request a special use permit modification.

Council Member Andresen said she appreciated Council Member Werner's remarks. She requested a complete report on violations to date at the power plant, including alleged dumping of fly ash in another county. Council Member Brown said she, speaking as a neighborhood resident, felt fairly helpless about the existing situation at the power plant. She stated that residents were unable to concentrate due to loud noise. Council Member Brown said it was up to the Council to direct the staff to investigate the matter further. She also requested that the staff investigate whether all conditions in the special use permit were being met.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE TOWN MANAGER.

Council Member Werner inquired when the item could return to the Council. Mr. Horton said October 28th.

Dr. Morell said a lot of responsibility for monitoring fell on neighbors of the plant. He added that the neighborhood association was not a formal group. Mayor Howes said one did not have to be a neighbor of the plant to be aware of noise and related difficulties at the power plant.

THE MOTION TO REFER WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

Council Member Werner stated that Sections 2.1 and 2.2 of the Town's Development Ordinance concerning commercial recreational facilities did not currently permit outdoor facilities such as miniature golf courses and related uses. He requested that the staff provide a follow-up report and recommendation on the matter.

Council Member Brown suggested that the Council hold a public hearing in the future on agenda item number eight, concerning the report of the Solid Waste Regional Task Force.

Council Member Herzenberg noted that the First Annual Orange County Disabilities Awards had been presented earlier in the day. Council Member Herzenberg stated that Human Services Advisory Board member Joyce Trout had been cited for special recognition for community service. He added that an award had also been presented to the Town for its E-Z rider service.

Council Member Herzenberg requested that staff draft resolutions to deal with Bolin Creek sewer and interceptor line concerns. He requested one resolution to initiate an investigation of the situation by the North Carolina Division of Environmental Management. Council Member Herzenberg also requested a resolution requesting that OWASA advance its construction schedule for the Bolin Creek interceptor. Council Member Andresen suggested that the Council receive a briefing from its OWASA Board representatives before acting on the Bolin Creek matter.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REQUEST THE STAFF TO DRAFT RESOLUTIONS PERTAINING TO THE BOLIN CREEK SEWER MATTER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Werner suggested holding a public hearing in the future on the report of the Solid Waste Task Force. He suggested moving up consideration of agenda item number eight. Council Member Brown and Rimer concurred that this was a good idea. Mayor Howes suggested handling agenda item number eight following agenda item number four.

Item 4 Report on Reducing Violent Crime and Illegal Drug Abuse

Mayor Howes said that Dr. John Turner had been the obvious and perfect choice to lead the task force. Mayor Howes noted that the School of Social Work had made many positive steps under the leadership of Dr. Turner. He said that Dr. Turner had a great deal of personal energy, leadership and drive. Mayor Howes thanked Dr. Turner on behalf of the entire Council for his superior work and great sacrifice relative to the activities of the task force.

Dr. Turner recognized members of the task force in attendance at the meeting including Alexandra Brownstein, Adam Goldstein, Joe Hakan, Melvin Hurston, Elsie Pickett and Council Member Roosevelt Wilkerson, Jr. He also thanked Town staff members Police Chief Arnold Gold, Executive Secretary Toni Carter, Administrative Analyst Jane Cousins, Assistant Town Manager Sonna Loewenthal, Human Services Coordinator Julia Mack and Housing Assistant Jackie Thompson. He thanked the members of the task force, consultants and Town staff for their hard work in compiling the Task Force's report.

Dr. Turner said that the task force had accomplished all its objectives but two: completing the report by May and outlining cost estimates for implementation in the report. He stated that the task force held a number of hearings and forums and went out to neighborhoods to meet with police, youth workers, students and other community residents. Dr. Turner stated that the process was a good and important one. He thanked local media for their generous coverage of activities of the task force. Dr. Turner said the members of the task force hoped that the study would be a useful guide and road map for follow-up actions in the near future. He stated that the task force's recommendations did not propose a quick fix to the problem. Dr. Turner stressed the importance of community awareness and coordination of problems relating to violent crime and illegal drug abuse.

Dr. Turner said that violent crime and illegal drug abuse were serious problems in the community. He emphasized the need for additional resources, including greater authority for judges. Dr. Turner stressed the need for parents to play a more active role in the lives and education of young people. Noting that he was willing to answer questions now or in the future, Dr. Turner commended the task force's report to the Council.

Council Member Wilkerson thanked Dr. Turner, members of the task force and Town staff for their time and energy in putting together the task force's report. He stated that the problems of violent crime and illegal drug abuse would require community-wide efforts to resolve.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1, RECEIVING THE REPORT, AND REQUESTING THAT THE MANAGER REPORT ON SPECIFIC RECOMMENDATIONS IN THE FUTURE.

Council Member Andresen expressed appreciation to the task force for preparing the report before the Council. She noted that the Manager was the chief coordinator outlined in many of the task force's recommendations. Council Member Andresen inquired which objectives of the task force could be realistically attained. She also requested a report on what the Town staff had done to reduce violent crime and illegal drug abuse during the past six months.

RESOLUTION 1 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY

(7-0).

Mayor Howes expressed the Council's deep appreciation to the Task Force and its chair, Dr. John Turner. Mayor Howes said the necessary steps to address violent crime and illegal drug abuse had been outlined and needed to be implemented. He noted that the task force had received full cooperation from Orange County and Town of Carrboro officials.

A RESOLUTION THANKING THE TASK FORCE ON REDUCING VIOLENT CRIME AND ILLEGAL DRUG USE AND AUTHORIZING THE MANAGER TO PROPOSE A PROCESS TO EVALUATE, IMPLEMENT, AND MONITOR FOLLOW-UP ACTIONS

(91-10-14/R-1)

WHEREAS, the Council established the Task Force on Reducing Violent Crime and Illegal Drug Use; and

WHEREAS, the Task Force, ably led by its Chair, Dean John Turner, has produced a valuable report describing its findings and making 49 recommendations; and

WHEREAS, dozens of other members of our community contributed to the report and recommendations of this Task Force;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council expresses its appreciation to the Task Force members for their long hours, keen insight and diligent work, and to all others who contributed to this effort.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to propose a process by which the report and its recommendations can be reviewed, recommendations implemented and progress monitored.

BE IT FURTHER RESOLVED that copies of the report be transmitted to the elected officials of Orange County, Carrboro, Hillsborough and our legislative and Congressional delegations, and officials of the University of North Carolina at Chapel Hill and UNC Hospitals.

This is the 14th day of October, 1991.

Item 8 Solid Waste Regional Task Force

Mayor Howes noted that Mayor Pro Tem Preston had forwarded a memorandum to the Council on this matter. In the memorandum, Mayor Pro Tem Preston noted the forward motion of the task force and urged the passage of the resolution before the Council to address the question of whether or not to proceed with task force recommendations. He suggested that the staff present a brief report to the Council.

Mr. Horton said it was a good time for the Council to reconsider the work undertaken by the Regional Solid Waste Task Force. Mr. Horton said he agreed with the need to hold a public forum. He urged the adoption of the revised resolution as suggested by Council Member Brown.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 4 AS AMENDED.

Mayor Howes said the amended resolution called for the Council to hold a public hearing on the recommendations of the regional solid waste task force. He noted that the Council was taking no action on the report other than to receive it. Council Member Brown inquired when the item could be back as a public hearing item. Mr. Horton responded that this was contingent upon time commitments by persons in other jurisdictions. He said the staff would give as much advance notice on the hearing as possible. Council Member Werner inquired when the task force had issued its most recent complete report. Mr. Horton said approximately one year ago. Council Member Werner inquired whether the Council and public would be provided with an up-to-date report prior to the public hearing. Mr. Horton said yes.

THE MOTION, RESOLUTION 4 AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION REQUESTING THAT THE REGIONAL SOLID WASTE TASK FORCE REPORT TO THE TOWN COUNCIL CONCERNING A PROPOSED STUDY OF METHODS OF SOLID WASTE VOLUME REDUCTION (91-10-14/R-4)

WHEREAS, the Solid Waste Task Force adopted a plan of work in 1988 which was endorsed by the Town Council in 1989; and

WHEREAS, the plan of work included a study of solid waste volume reduction alternatives; and

WHEREAS, the original scope of work of that study now needs to be reexamined; and

WHEREAS, the Town Council desires to have more information concerning the proposed scope of work of the study before authorizing the Town Manager to sign an agreement to begin the work; and

WHEREAS, the factors which led the local governments of Durham and Orange Counties to create the Task Force and to endorse its work may have changed substantially, thereby necessitating a re-evaluation of the need for the two-county effort;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Regional Solid Waste Task Force is requested to report to the Town Council, to address the following questions:

1. Should the originally proposed study proceed? If changes are recommended, what are they, and why should they be considered now?

2. Have the factors which brought us together changed so substantially that our two-county effort is no longer the best way to proceed?

This the 14th day of October, 1991.

(Add Joyce Brown language)

Item 5 BP Timberlyne SUP

Parties not previously sworn who wished to testify were sworn by the Town Clerk.

Planning Director Roger Waldon said the staff was suggesting the addition of stipulation number thirty-one, providing for turning lanes onto Weaver Dairy Road. Mr. Waldon said he was willing to answer any questions by the Council. He noted that the Council had requested that the staff and applicant investigate the possibility of an alternate site for the service station. Mr. Waldon indicated that the applicant was not interested in considering an alternate site.

Jane Shiko, 128 Kingston Drive, said she opposed the special use permit request by the applicant. Ms. Shiko said the proposal would not maintain or enhance the value of contiguous property. She stated that Timberlyne Shopping Center was convenient and safe for neighbors. She noted that children would not walk or bicycle to the center if there were a service station at the shopping center. Ms. Shiko noted that an estimated five hundred to nine hundred trips per day would be made to the proposed service station. She inquired whether another service station in the area was a public necessity. Ms. Shiko stated that there were other possible sites in the area. She noted that one hundred and ninety-seven residents of the Timberlyne area opposed the special use permit request. Ms. Shiko strongly urged the Council to protect the investment and safety of neighborhood residents. She noted that the neighborhood did not have sidewalks. Ms. Shiko also said that residents of the Timberlyne neighborhood had done a good job of documenting their opposition to the special use permit request. She also noted that Kingston Drive had been developed under Orange County, rather than Town, standards. Ms. Shiko said that whereas there were alternative sites for the proposed business, residents of the area did not have the same option.

Council Member Brown inquired whether the Transportation Board had considered the application. She also inquired about required stacking distances for the proposed use. Mr. Waldon said the application had been considered by the Design Review Board and had bypassed several boards including the Community Appearance Commission and Transportation Board. He noted that development standards required that sites had to have access onto arterial roads. Mr. Waldon said the safest point of access was an internal one. He noted that the site had frontage on an arterial roadway and collector street.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADJOURN THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Werner inquired why it was necessary to have access onto Kingston Drive from the shopping center and proposed service station. Mr. Waldon said this would create an undesirable situation of making two left turns along Weaver Dairy Road.

Council Member Andresen said she would vote against the request, since the facility was not a public necessity. Council Member Andresen said she disagree with the staff on the matter of stacking distance. She said the primary problem with the application was that Kingston Drive was not designed as a collector street. Council Member Andresen said if the application were approved, there would be a lot of cut-through traffic using the station.

Noting that the Council had recently approved another service station in the area, Council Member Wilkerson said he was not convinced of the need for another such facility in the area. Council Member Wilkerson said as a resident of the area, he saw a large number of children playing in the neighborhood's small and narrow streets. Council Member Wilkerson noted that he would not vote in favor of the special use permit request. He suggested that the proposed facility could possibly be located on another outparcel in the Timberlyne Shopping Center, making accommodations through relocation of lot lines. Council Member Wilkerson said he was disappointed that the applicant had elected not to move the proposed location.

Council Member Herzenberg encouraged residents of Kingston Drive to petition the Council for sidewalks in the area.

Expressing her concurrence with Council Member Andresen's and Wilkerson's remarks, Council Member Brown said she was concerned about possible impacts on the water supply of contiguous neighborhoods.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION B, DENYING THE SPECIAL USE PERMIT REQUEST.

Council Member Andresen said the location and design of the station would not maintain or enhance the value of contiguous property. Council Member Herzenberg said the proposal failed to maintain public safety, health and welfare. He also expressed concern about traffic and possible impacts on the water supply. Council Member Andresen said that the interpretation of stacking areas did not meet existing development standards.

Town Manager Horton said the staff could work up a resolution of denial including the reasons for denial outlined by the Council this evening. Mr. Karpinos expressed his concurrence.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO MAKE A SUBSTITUTE MOTION TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE SUBSTITUTE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

THE MAIN MOTION, TO REFER TO THE MANAGER AND ATTORNEY, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

Mayor Howes said the matter would be back before the Council at its October 28th meeting.

Council Member Rimer suggested that the applicant might consider using another outparcel for the proposed service station. Council Member Werner noted that the applicant did not appear to be interested in moving the service station to another location. Mayor Howes noted that the applicant was not necessarily in a position to consider an alternate outparcel location. He added that the Council would give the applicant a fair hearing, if it elected to move the service station to another outparcel in the shopping center. He noted that it appeared likely that the Council would adopt a motion of denial at its October 28th meeting.

Item 6 Regulating Smoking in Public Places

Town Attorney Karpinos briefly reviewed the proposed ordinance, noting that it would restrict smoking in various buildings. He said the proposed ordinance was a reasonable one to protect the health, welfare and safety of the general public.

Council Member Andresen inquired how the proposed ordinance would differ from current practice. She also inquired about the difference in the amount of cigarette smoke in the air. Mr. Horton said it was difficult to answer the question, since some establishments currently prohibited smoking completely.

Don Stanford presented a memorandum to the Council suggesting an alternate ordinance. Mr. Stanford said his proposal would prohibit smoking in all public places and places of employment. He said the effect of the proposed ordinance would be quite dramatic.

Council Member Andresen inquired about exception provisions in the proposed ordinance. Mr. Horton noted that some affected areas were so small, they would have to be designated as smoking or no smoking areas. Mr. Karpinos read a list of places with no exception provisions. He noted that smoking was prohibited in all areas unless separate smoking areas were designated.

Mayor Howes said he appreciated Mr. Stanford's suggestions. Mayor Howes said he preferred a more stringent ordinance to regulate smoking in public places. Mayor Howes said he thought the Attorney's draft ordinance was a reasonable first step, which would vastly improve the current situation.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 1.

Council Member Herzenberg inquired whether there was any support for a stronger ordinance. He expressed concern that many local restaurants appeared to support minimal non-smoking areas. Council Member Brown inquired whether a specific percentage was involved. Council Member Herzenberg noted that the original proposal had recommended a 25% non-smoking area. Mr. Karpinos noted that the original proposal had no provision to allow smoking areas in retail areas or shopping centers. He added that the current draft required provision of no-smoking areas in restaurants with thirty or more seats.

Noting that the proposed draft ordinance was enforceable, Mayor Howes stated that any ordinance could be amended in the future. He added that the proposed ordinance would have a relatively low administrative cost.

THE MOTION, ADOPTION OF ORDINANCE 1, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE REGULATING SMOKING IN SPECIFIED PUBLIC PLACES

(91-10-14/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that Section 1, Chapter 11 of the Town Code is hereby amended by adding a new article XIII to read as follows:

ARTICLE XIII SMOKING POLLUTION CONTROL

Section 11-114 Findings and Purpose

The Town Council does hereby find that:

Numerous studies have found that tobacco smoke is a major contributor to air pollution; and

Reliable studies have shown that breathing second-hand smoke is a cause of disease, including lung cancer, in healthy nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

Health hazards induced by breathing second-hand smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction, and broncho-spasm; and

Accordingly, the Town Council finds and declares that the purposes of this ordinance are to protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment.

Section 11-115. Definitions

The following words and phrases, whenever used in this Article, shall be construed as defined in this section:

(a) BAR means an area comprising fifteen (15) feet or less from the perimeter of a permanent counter which is primarily devoted to serving alcoholic beverages and within which the service of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant/dining area.

(b) BUSINESS means any sole proprietorship, partnership, joint venture, corporation, or other business formed for profit or non-profit making purposes, as well as professional corporations and other entities where professional services are delivered.

(c) EMPLOYEE means any person who is employed by any employer in consideration of monetary compensation or profit.

(d) EMPLOYER means any person, partnership or corporation, including any municipal corporation or non-profit entity who employs the services of any person(s).

(e) ESSENTIAL SERVICES means services available in any business or facility which should be accessible without going through areas where smoking is allowed, including but not limited to, service lines, elevators, stairs, restrooms, public phones and first aid stations.

(f) NON-PROFIT ENTITY means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain.

(g) NON-SMOKING AREA means an area in which smoking is prohibited.

(h) PLACE OF EMPLOYMENT means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, employee cafeterias, and hallways. A private residence is not a place of employment.

(i) PUBLIC AREA/PLACE means any enclosed area to which the public is invited or in which the public is permitted. A private residence is not a public place.

(j) RESTAURANT means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in section 11-115(a).

(k) RETAIL STORE means any sole proprietorship, partnership, joint venture, corporation or other business entity where goods or services are sold.

(l) SERVICE LINE means any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

(m) SMOKING means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other combustible tobacco product in any manner or in any form.

(n) SPORTS ARENA means sports pavilions, gymnasiums, health spas, swimming pools, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

Section 11-116. Smoking Prohibited in Specified

Public Places

Smoking shall be prohibited in the following places:

(a) Service lines

(b) Elevators

(c) Public restrooms

(d) Polling places

(e) Buses and taxicabs

(f) Public areas of galleries, libraries and museums when open to the public

(g) Seating areas of any building not open to the sky which is primarily used for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production.

(h) Seating areas of sports arenas and convention halls

(i) Every room, chamber, place of meeting or public assembly, under the control of the Town or any other political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the Town.

(j) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities.

Section 11-117. Regulation of Smoking in Restaurants.

The owner of every restaurant with a seating capacity of 30 or more shall designate a non-smoking area, consisting of at least twenty-five percent (25%) of the indoor seating capacity of the restaurant.

Section 11-118. Regulation of Smoking in Bars and

Small Restaurants

All bars and restaurants with bars and restaurants without bars which have a seating capacity of less than 30 shall post one of the following signs at every entrance notifying patrons of their smoking policy: "We Do Not Provide A Non-smoking Section In the Bar", or "Non-smoking Section Available in Bar", or "No Smoking".

Section 11-119. Regulation of Smoking

in Retail Stores

Smoking shall be prohibited in the public areas of retail stores; provided, however, that a retail store may designate an area where smoking is permitted up to a maximum of twenty-five percent (25%) of the area of the store open to the public. Areas so designated shall not include any areas listed in Section 11-116 as areas where smoking is prohibited.

Section 11-120. Regulation of Smoking in Hallways

and Lobbies of Hotels, Motels, Multiple Unit Commercial

Facilities, Theatres and Concourses of Sports

Arenas and Convention Halls

The owner of every hotel, motel, multiple unit commercial facility, theatre, sports arena and convention hall may designate a smoking area in the hallways, lobbies, and/or concourses of said facility. The smoking area so designated shall consist of a maximum 25% of the hallways, lobbies and/or concourses of the facility. Any area so designated as smoking shall be designed and located to allow access to all services, or a representative sample of services available within the overall facility without having to pass through an area of the facility in which smoking is permitted. Said services or sample of services so accessible shall be non-smoking areas. Except in areas so designated for smoking, all facilities regulated by this section shall be non-smoking areas.

Any facility with over 7,500 square feet in hallways, lobbies, or concourses, as applicable, and which has a smoking area or areas in accordance with this section shall apply to the Town Manager for approval of a Smoking Regulation Plan. To be approved, at a minimum any such plan shall:

a. provide that all necessary and essential services or a fully representative sample of such services within the regulated business be designated as non-smoking areas.

b. provide that access to necessary and essential services in the business be available through areas designated as non-smoking areas.

c. demonstrate that the plan is designed and proposed to be operated so as to maintain or promote the public health, safety and general welfare.

Submission of a proposed smoking regulation plan for consideration by the Town shall not relieve any person of the obligation to comply with all other applicable provisions of this Article until such time as a Smoking Regulation Plan has been approved and fully implemented pursuant to the Town's approval and issuance of a Smoking Regulation Plan Compliance Permit.

Section 11-121. Regulation of Smoking

in Places of Employment

A. Employers shall be responsible for providing smoke-free areas for non-smoking employees within existing facilities, and to the maximum extent possible, separating non-smoking employees from smoking employees. However, employers are not required to incur any expense to make structural or other physical modifications in providing these areas.

B. Notwithstanding the provisions of subsection A of this section, every employer shall have the right to designate any place of employment as a non-smoking establishment.

C. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this article.

Section 11-122. Sale of Cigarettes to Minors

Prohibited.

Any retail store, restaurant, bar, or other establishment that offers cigarettes for sale in vending machines or otherwise shall post a conspicuous 5" X 7" sign stating "The sale of cigarettes to minors under the age of 17 years of age is a misdemeanor punishable by a fine not to exceed Five Hundred ($500.00) Dollars, imprisonment for not more than six months, or both (G.S. 14-313)."

Section 11-123. Posting of Signs Required.

"No Smoking", or other signs relating to an establishment's smoking policy, whichever are appropriate, with letters of not less than one inch (1") in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this Article, by the owner, operator, manager or other person having control of such building or other place. Said signs shall indicate where smoking is prohibited and permitted. Facilities which provide areas where smoking is permitted in designated areas shall post signs with that information at every public entrance to the facility. Except as to the requirements of size, posting and content the signs shall not be regulated by this Ordinance. No person shall remove or deface any sign required to be posted by or under the authority of this Article.

Section 11-124. Administration

The Town Manager is responsible for administering this Article and is authorized and directed to establish regulations for the administration of this Article.

Section 11-125. Enforcement and Penalties

Where there is any uncertainty as to the intent or actual meaning of any provision of this Article, the Town Manager shall make an interpretation of said provision on request of any person. This Article may be enforced by any one or more of the remedies authorized by N.C.G.S. 160A-175.

Section 11-126. Conflict of Laws

If any portion of this Article or the enforcement thereof shall be preempted by any State or Federal authority, such preemptions shall not operate to invalidate the rest of this article; and the same shall remain in full force and effect.

Section 2. Effective Date

This ordinance shall be effective upon adoption.

This the 14th day of October, 1991.

Dr. Adam Goldstein said a study would be undertaken to gauge the impact of the new smoking regulations.

Item 7 Bicycle Helmet Safety

Administrative Analyst Jane Cousins said that the matter of bicycle safety helmets had been undertaken to a petition presented by Dr. Ray Sturner in January, 1991. She noted that the staff had presented two options to the Council in August. Ms. Cousins noted that the Transportation Board had recommended adoption of Resolution 3 and Ordinance 2a to the Council. She noted that the Manager recommended the adoption of Resolution 3.

Judy Wood said it was not very difficult to put on or wear a bicycle helmet. She added that there was no need to carry helmets around, since they could easily be locked to an individual's bicycle. Ms. Wood said she was somewhat skeptical about how effective education programs would be encouraging people to wear helmets.

Council Member Werner suggested that the Council consider the two ordinances before them prior to considering the proposed resolution. He noted that Ms. Wood's comments were very good. Council Member Werner said he was not convinced that additional education programs would significantly increase helmet usage in any age group. He stated that education in the form of an ordinance was preferable to education by itself. Council Member Werner said there was a good deal of merit in a helmet ordinance for persons sixteen years of age and under. He suggested that section a of Sec. 21-53.1 of ordinance 2a be amended to apply to persons sixteen years of age and under.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 2A AS AMENDED.

Mr. Karpinos suggested that the motioner and seconder consider amended section c of the proposed ordinance, so that it also applied to persons sixteen years of age and under. Council Member Andresen inquired whether Council Member Werner wished for the ordinance to apply to passengers also. Council Member Werner said no. He noted that section a addressed riders, while section c addressed passengers.

Council Member Rimer said that the proposed ordinance revision offered a compromise for persons under the age of sixteen. He said this was important for a variety of reasons. Mayor Howes expressed his concurrence, noting that the ordinance was a first step to encouraging sensible personal behavior. Mayor Howes said he was particularly concerned about enforceability of the ordinance. He stated that the ordinance would be accepted over time. Council Member Andresen expressed hope that all bicycle riders would wear helmets. Council Member Brown inquired whether information about new regulations would be provided to area schools and other agencies. Mr. Horton said yes.

Council Member Werner said it would be useful to ask the bicycle safety committee to examine and monitor usage levels for safety helmets. Mayor Howes said it might be possible to secure the assistance of the North Carolina Highway Safety Institute for this purpose.

Council Member Herzenberg stated that the proposed resolution did not deal sufficiently with education with respect to the law for bicyclists or drivers.

ORDINANCE 2A, AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE AMENDING ARTICLE VI, BICYCLES,OF CHAPTER 21, TRAFFIC CODE OF THE TOWN CODE OF ORDINANCES (91-10-14/O-2a)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Town Code of Ordinances is hereby amended as follows:

SECTION I

ADD Section 21-53.1 to the Town Code of Ordinances to read:

Sec.21-53.1. Safety regulations for operators and passengers of bicycles.

(a) Every person sixteen years or age or under operating a bicycle on a public right-of-way within the Town shall wear a protective helmet on his or her head, with the chin strap fastened under the chin. Such helmet shall be fitted to the size of the operator and shall meet or exceed the ANSI (American National Standards Institute) Z90.4 or subsequent bicycle helmet standards, or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling or subsequent standards.

(b) No person operating a bicycle on a public right-of-way shall allow anyone four years old or younger, and weighing 40 pounds or less, to ride as a passenger on the bicycle, other than in a seat which shall adequately retain the passenger in place, and protect the passenger from the bicycle's moving parts; or else astride a regular seat of a tandem bicycle.

(c) No person operating a bicycle on a public right-of-way shall allow anyone to ride as a passenger unless the passenger is wearing a helmet as defined in (a) or else is in an enclosed trailer or other device which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger's head from impacts in an accident without the need for a helmet.

(d) A person's first violation of section (a), (b), or (c) shall be dismissed if the person charged with the violation submits proof that equipment meeting the standards has been acquired for use by the operator or passenger. Otherwise any violation is punishable by a civil penalty of not more than $10.00.

SECTION II

This ordinance shall become effective six months from the date of adoption.

This the 14th day of October, 1991.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 3.

Council Member Herzenberg emphasized the need to examine the interaction between bicyclists and automobile drivers. Mayor Howes said it was likely that the committee would want to address this matter early in its proceedings. Mayor Howes suggested modifying the resolution by adding the words "including adherence to existing ordinances".

Council Member Werner expressed concern that the Council might be giving the committee an enormous charge. He noted that the scope of a bicycle master plan was a major undertaking by itself. He suggested deleting the reference to the bicycle master plan in the proposed resolution. Mayor Howes noted that the committee's charge was comprehensive. Mr. Horton stated that the committee would likely choose to broaden the scope of its responsibilities.

RESOLUTION 3, AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION ESTABLISHING A BICYCLING ADVISORY COMMITTEE

(91-10-14/R-3)

WHEREAS, the use of bicycle safety helmets could save 750 lives nationally each year; and

WHEREAS, in North Carolina, one out of four serious bicycling injuries is a head injury; and

WHEREAS, an increasing number of Chapel Hill citizens are bicycling for exercise, sport, enjoyment, and transportation; and

WHEREAS, the Town Council wishes to support bicycling, while reducing the risk of accidents and serious injuries; and

WHEREAS, the Transportation Board of the Town of Chapel Hill recommends the creation of an on-going committee to advise on community cycling issues and monitor implementation of programs;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes a Bicycling Advisory Committee to advise on and monitor bicycling issues. These issues shall include, but not be limited to advising on the maintenance of bicycle facilities, and exploring other initiatives concerning cycling. The Committee will receive appropriate support staff from the Town.

The first charge of the Bicycling Advisory Committee will be to initiate and carry out a bicycle helmet education program. This program will be aimed at cyclists of all ages, and will include discount helmet incentives. The group will evaluate the effectiveness of its program and make recommendations within six (6) months to the Council on whether there is the need for an ordinance requiring bicycle helmets.

BE IT FURTHER RESOLVED that the Council invites the following to participate on the Bicycling Advisory Committee by designating a representative to serve as a member:

The Chapel Hill-Carrboro City Schools

The Chapel Hill-Carrboro Parent Teacher Association

University of North Carolina Hospitals

University of North Carolina

The Chapel Hill League for Safe Bicycling

The Chapel Hill Transportation Board

The Chapel Hill Parks and Recreation Department

The Chapel Hill Planning Department

The Chapel Hill Police Department

In addition the Council will also appoint to the committee:

One (1) bicycle merchant

One (1) citizen 12 to 18 years of age

One (1) University of North Carolina student

Three (3) other citizens

This the 14th day of October, 1991.

Council Member Werner thanked Dr. Sturner for bringing the matter before the Council.

Item 9 Hotel-Motel Tax Fund Allocation Process

Mr. Horton noted that $42,000 of $56,000 in hotel-motel tax funds for the current fiscal year had been allocated. He said that $14,000 was still available for any purpose selected by the Council. Mr. Horton stated that on October 7th, the Orange County Commission had received a report on the Orange County Visitor's Bureau. He noted that the first meeting of the Visitor's Bureau Board would occur on October 17th, with Council Member Andresen serving as the Council's representative and Council Member Herzenberg as the alternate. Mr. Horton said that the Orange County Visitor's Bureau could possibly consider a budget at this meeting. He briefly reviewed the proposed timetable for the allocation of the balance of hotel-motel tax funds.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 5.

Council Member Wilkerson inquired about the stipulation stating that no project would be funded for two consecutive years. Council Member Wilkerson said he vote in favor of the resolution, although there were problems with the allocation process which still needed to be addressed. He expressed concerned that the Council spent a large amount of time discussing a small amount of money. Council Member Werner expressed his concurrence with Council Member Wilkerson's point. He made a friendly amendment to strike the reference concerning not funding projects for two consecutive years. The mover and seconder agreed to the change. Mayor Howes noted that Council Member Wallace had noted on numerous occasions that the conundrum of the ages was moving ahead on major issues, rather than discussing minor matters for long periods of time. Council Member Andresen expressed hope that the Council would be able to handle the allocations process more expeditiously next fiscal year.

RESOLUTION 5 AS AMENDED WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION AUTHORIZING A PROCESS AND SCHEDULE FOR REVIEWING PROJECT PROPOSALS FOR REMAINING HOTEL/MOTEL TAX FUNDS

(91-10-14/R-5)

WHEREAS, the Council has adopted criteria for considering project proposals for use of hotel/motel tax funds; and

WHEREAS, the Council has budgeted a total of $56,000 to be allocated for these project proposals in FY 1991-92; and

WHEREAS, $14,000 of these funds remain to be allocated for visitor information and cultural services; and

WHEREAS, the Town staff will evaluate project proposals for using these remaining funds and make recommendations to the Council on January 13, 1992; and

WHEREAS, the Council authorizes that staff use the following guidelines in its review of proposals, in addition to those included in the Council's resolution of January 23, 1989:

-that long-term benefits be gained for Town citizens

-that the maximum number of people be served, including all age groups, by the entire group of recommended projects

-that there be an overall balance, in the entire group of recommended projects, between those focused on visitor information and those focused on cultural events

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes this process and schedule presented at the October 14 Council meeting for the review of proposals and the allocation of remaining hotel/motel tax funds.

This the 14th day of October, 1991.

Item 10 Sam's Wal-Mart

Town Manager Horton said that the report provided sufficient data for the Council to make reasonable conclusions on the matter. He noted that the City of Durham would hold a public hearing on the Sam's/Wal-Mart rezoning application on November 18th.

Council Member Andresen said the public had a need to know what was being considered in the proposal. Council Member Werner said that the City of Durham had received a rezoning request for thirty-two acres at the northeast corner of U.S. 15-501 and Mt. Moriah Church Road. He noted that the proposal was for a 250,000 square foot facility, with U.S. 15-501 being widened to eight lanes and Mt. Moriah Church Road being widened to six lanes. Council Member Werner noted that Council Members Brown and Preston and himself served on the Durham-Chapel Hill Work Group, where the proposal had been initially presented. Council Member Werner said that Mayor Howes would be the Town's most effective representative concerning the application. Council Member Brown noted that the City of Durham had extended a special invited for the Town to send a representative to the hearing.

Mayor Howes said he would be pleased to represent the Council at the hearing.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPOINTING A COUNCIL MEMBER TO REPRESENT CHAPEL HILL AT A PUBLIC HEARING BEFORE THE DURHAM CITY COUNCIL REGARDING A PROPOSED REZONING OF 35 ACRES OF LAND AT THE CORNER OF MT. MORIAH CHURCH ROAD AND 15-501 BOULEVARD (91-10-14/R-6)

BE IT RESOLVED by the Chapel Hill Town Council that it requests Mayor Jonathan Howes to attend a Public Hearing before the Durham City Council on November 18, and to communicate to the Durham City Council the comments and concerns of the Chapel Hill Town Council regarding a proposed rezoning of 35 acres of land at the corner of Mt. Moriah Church Road and 15-501 Boulevard.

This the 14th day of October, 1991.

Item 11 Boards and Commissions

COUNCIL MEMBER HERZENBERG NOMINATED ALL APPLICANTS TO THE TRANSPORTATION BOARD FOR APPOINTMENT CONSIDERATION AT THE OCTOBER 28TH COUNCIL MEETING.

MARTHA BARBEE WAS UNANIMOUSLY APPOINTED TO THE HOUSING ADVISORY BOARD. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

RUTH STILES WAS UNANIMOUSLY RECOMMENDED FOR APPOINTMENT CONSIDERATION TO THE ORANGE COUNTY HUMAN RELATIONS COMMISSION.

Item 12 Pavilion SUP

Mayor Howes inquired whether any additional parties wished to be sworn. Hearing none, he requested the staff's report and recommendation.

Town Manager Horton noted that no issues had been raised at the public hearing on this application. He said that adoption of resolution 7a was recommended.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 7A. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING APPLICATION FOR MODIFICATION OF THE PAVILION SPECIAL USE PERMIT MODIFICATION (SUP MOD 85-M-20) (91-10-14/R-7a)

WHEREAS, the Council approved a Special Use Permit Modification for The Pavilion on May 14, 1990; and

WHEREAS, the property owner, West Franklin Preservation Partners, has requested that condition #1 of the Special Use Permit Modification be changed to extend the required starting time and completion time limit; and

WHEREAS, the Council finds that the applicant has proceeded with due diligence and good faith to implement the Special Use Permit Modification, and that conditions have not changed substantially in the area of the proposed development;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a modification of the May 14, 1990 Special Use Permit Modification as follows:

Change Condition #1 from:

"That construction begin by May 14, 1991 (one year from the date of approval) and be completed by May 14, 1992 (two years from the date of approval)."

to:

"That construction begin by November 14, 1992 and be completed by November 14, 1993."

This the 14th day of October, 1991.

Item 13 Consent Agenda

Council Member Andresen requested removal of item c from the consent agenda.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEM C. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

(Insert consent agenda)

A RESOLUTION ADOPTING THE EAST FRANKLIN STREET CORRIDOR STUDY AS A COMPONENT OF THE COMPREHENSIVE PLAN (91-10-14/R-9)

WHEREAS, the Council requested a design study of the area along East Franklin Street between Estes Drive and Elliott Road to examine how the area could develop in a manner that is consistent with Town Policies and Objectives; and

WHEREAS, the Design Review Board has developed a plan for the area which examines the streetscape and makes recommendations for the development of certain properties as shown in the plan; and

WHEREAS, it is the Council's intent that this plan supplements the Town's 1986 Land Use Plan for this area, as adopted on July 14, 1986; and that it be used as a basis for evaluating requests for Conditional Use Zoning and Special Use Permits; as well as any other process which requires a finding of conformance with the Town's Comprehensive Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the East Franklin Street Corridor Study as a component of the Town's Comprehensive Plan.

This the 14th day of October, 1991.

AN ORDINANCE ADOPTING CURRENT FIRE CODES BY REFERENCE

(91-10-14/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends Chapter 7 of the Town Code as follows:

SECTION I

Amend Section 7-15 of the Town Code to read as follows:

(a) Adoption of the 1991 edition of the North Carolina Building Code, Volume V, Fire Prevention.

There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the North Carolina Building Code, Volume V, Fire Prevention, 1991 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three (3) copies have been and now are filed in the office of the Town Clerk of the Town, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the Town.

(b) reserved.

(c) Adoption of 1991 edition of the National Fire Protection Association's National Fire Codes, Volumes 1-13.

(c)The National Fire Protection Association's National Fire Codes, Vols. 1-13, 1991 edition are hereby adopted by reference as technical ordinances.

SECTION II

Sections 7-16 through 7-30 and Sections 7-39 through 7-47 are hereby repealed.

SECTION III

All ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 14th day of October, 1991.

A RESOLUTION REGARDING A JOINT MEETING OF THE ORANGE COUNTY BOARD OF COMMISSIONERS, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO, THE OWASA BOARD OF DIRECTORS AND THE TOWN COUNCIL OF CHAPEL HILL (91-10-14/R-13)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council concurs with the proposal for a joint meeting of the Board of Commissioners of Orange County, the Board of Aldermen of the Town of Carrboro, Board of Directors of OWASA and the Town Council on the evening of December 5, 1991.

BE IT FURTHER RESOLVED that the Council requests that the agenda for this meeting be established jointly through discussion among representatives of the OWASA Board and of each of the three appointing governing bodies, and the Council designates the Mayor to represent the Council using a process as discussed in the Mayor's memorandum to the Council dated October 14, 1991 regarding this matter.

This the 14th day of October, 1991.

A RESOLUTION RECEIVING A PETITION FOR PAVING OF WARD STREET

(91-10-14/R-14)

WHEREAS, the Town has received a petition for the paving of Ward Street without curb and gutter; and

WHEREAS, the petition has been determined to be valid under G. S. 160A-217(a); and

WHEREAS, the Town does not now have funds available for this project;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives said petition for paving Ward Street, and the petition shall be considered for funding during the 1992-93 budget process.

This the 14th day of October, 1991.

A RESOLUTION AUTHORIZING A LEASE OF UNUSED AUDIO EQUIPMENT TO THE FRANKLIN STREET TEEN CENTER, INC. (91-10-14/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into a lease agreement with the Franklin Street Teen Center, Inc. regarding lease of six Shure microphones, an Edcor microphone mixer, a Rauland mixer and a Rauland equalizer in substantially the form of the draft agreement presented to the Council on October 14, 1991, a copy of which shall be retained with the records of this meeting.

This the 14th day of October, 1991.

Council Member Andresen said a rather significant step was being taken in modifying the Town's public safety system. Council Member Wilkerson said the matter was moving in the right direction.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 10.

(Insert Resolution 10)

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

(Insert Ordinance 3)

Item 14 Executive Session

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

No report followed the Executive Session.

The regular meeting stood adjourned at 9:50 p.m.