SUMMARY OF A REGULAR MEETING HELD BY THE CHAPEL HILL

TOWN COUNCIL, MONDAY, JANUARY 12, 1998 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order at 7:00 p.m.  Council Members in attendance were Julie Andresen, Joyce Brown, Mayor pro tem Joe Capowski, Pat Evans, Kevin Foy, Lee Pavăo, and Edith Wiggins.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and  Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

There were no ceremonies.

 

Continuation of Process to Fill Vacant Council Seat

 

Council Member Andresen commented that she supported Madeleine Jefferson for her commitment to environmental protection and controlled Town growth.  Council Member Foy stated that he also supported Ms. Jefferson and commended her for her courage and grace during the November, 1997 Council election campaign.

 

Results of the Council’s first ballot were as follows:

 

Council Members Andresen, Brown, and Foy cast their ballots for Madeline Jefferson.

Council Members Pavăo and Wiggins voted for Frederic Schroeder.

Council Member Evans and Mayor Waldorf voted for James Ward.

Mayor pro tem Capowski voted for Flicka Bateman.

 

Results of the Council’s second ballot were as follows:

 

Council Members Andresen, Brown, and Foy voted for Madeline Jefferson.

Mayor pro tem Capowski voted for Flicka Bateman.

Council Members Evans, Wiggins, Pavăo, and Mayor Waldorf voted for James Ward.

 

Council Member Pavăo suggested that the Council cast a third ballot this evening.

Council Member Andresen suggested that the Council take time for discussion before voting again.   Council Members Brown and Foy said that they preferred not to cast a third ballot this evening.

 

Council Member Evans said she felt that it was the Council’s responsibility to make a decision on the vacancy this evening.  Council Member Evans added that it would be helpful to have the ninth member in place for the Council’s planning retreat on Saturday morning.

 

THE COUNCIL’S VOTE ON WHETHER OR NOT TO CAST A THIRD BALLOT THIS EVENING RESULTED IN A 4-4 TIE, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVĂO AND WIGGINS VOTING IN FAVOR OF A THIRD VOTING BALLOT THIS EVENING. 

Mayor Waldorf noted that the Council would vote on filling the vacancy as its first item at it’s  Saturday morning planning retreat.  Noting that there was an excellent group of applicants for the vacant seat,  Mayor Waldorf said that making the appointment would be a difficult undertaking for the Council.

 

Council Member Wiggins said that she also would be willing to consider her second and third choice candidates.  She stated that her first choice was Mr. Schroeder, based on his characteristics of honesty, great integrity, and commitment to bridging the perceived division on the Council.  Council Member Wiggins added that she would also be willing to support Mr. Ward based on his skills, background, and prior experience.

 

Item 3  Petitions

 

Dan Shefte, owner of the Fordham Square Office Building, petitioned the Council to reduce his share of the cost for the installation of a traffic signal.  He stated that his building would generate less than ˝% of the traffic using the intersection in question.  Mr. Shefte requested that his contribution requirement for the signal be reduced.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER MR. SHEFTE’S PETITION TO TOWN STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Richard Gurlitz, a local architect, requested that the Council grant expedited review of a proposal by Madison Partners Limited to convert the former Kappa Alpha Theta house on Rosemary Street into an apartment project.  He stated that the building currently had extensive structural damage and consequently posed possible safety hazards.  Council Member Andresen inquired whether or not Madison Partners would be willing to supply the Council with information pertaining to the company’s other projects.  Mr. Gurlitz said his client would be willing to do so.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER MADISON PARTNERS LIMITED PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO,  TO RECEIVE AND REFER A LETTER FROM NEIL ALDERMAN TO TOWN STAFF WAS ADOPTED UNANIMOUSLY (8-0).

 

A letter from The Chapel Hill Garden Club requested the temporary closing of Country Club and Laurel Hill Roads for a special event.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER A REQUEST FROM THE CHAPEL HILL GARDEN CLUB, REQUESTING THE TEMPORARY CLOSURE OF COUNTRY CLUB AND LAUREL HILL ROADS FOR A SPECIAL EVENT.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Ann Hampton said that although she was a strong supporter of public transportation, she was also concerned that many Triangle Transit Authority buses ended service at 6:00 p.m. on weeknights, 5:00 p.m. on Saturdays and did not run at all on Sundays.   Ms. Hampton said that this service schedule made it especially difficult to travel to and from her job at South Square Mall in Durham.   Ms. Hampton requested that the Council give serious consideration to expanding bus routes and service schedules.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE AND REFER MS. HAMPTON’S PETITION TO THE TOWN MANAGER AND THE TRANSPORTATION BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Mayor Waldorf petitioned the Council to ask the Town Manager for an analysis of the fiscal impact of UNC’s plan to purchase office space in the proposed Chapel Hill North development.   There was Council concurrence to do so.

 

Council Member Andresen suggested that Town staff speak to Charlottesville, Virginia‘s staff regarding Charlottesville’s tax arrangement with the University of Virginia designed to prevent a loss of City of  Charlottesville’s tax revenues.  Mr. Horton replied that he would be pleased to do so.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO TOWN STAFF.   THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Mayor Pro-Tem Capowski petitioned for a clarification and possible change of  the term “contiguous property” in the Town’s Development Ordinance within the context of a special use permit.  Mayor pro tem Capowski said he understood the term to mean property nearby, rather than abutting.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE PETITION TO TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Council Member Evans petitioned the Council for the Town Manager to request that NCDOT raise the level of storm drains on a number of area roadways.  She stated that recent road resurfacing projects had left some drains below pavement level, posing a hazard to bicyclists.

 

Mayor pro tem Capowski requested that the petition be expanded to include the right-hand edge of major roads where holes from former storm drains caused a drop-off into gutters.

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN TO REFER THE PETITION TO STAFF.   THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Council Member Andresen requested a report from the Manager regarding a hazardous waste facility being proposed by the University of North Carolina.  She asked whether the State of North Carolina would be the agency granting a permit for the facility and whether or not the Town would have any input regarding this application.  Mr. Horton replied that although no application materials had been received by the Town, he could obtain further information about the proposed facility.

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO TOWN STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Mayor pro tem Capowski expressed concern about traffic safety in relation to the area’s burgeoning deer population.  Mr. Horton replied that the Orange County Animal Protection Society was working with various neighborhoods regarding the dangerous nuisance of deer darting in front of cars on area roadways.  Mr. Horton said that staff could provide a follow-up report on deer safety at a future meeting.

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE MATTER TO STAFF.  THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH MAYOR WALDORF VOTING NO.

 

Item 4.1   Consent Agenda

 

Council Member Brown requested the removal of item c for discussion.  Council Member Evans requested the removal of item o for discussion.  Council Member Andresen requested the removal of item h from the consent agenda for discussion.  Council Member Foy requested that item j be removed from the consent agenda for discussion.

 

Sandy Walker, a resident of South Graham Street, said that large trucks were using South Graham as a detour because Merritt Mill Road was currently blocked off.  Ms. Walker stated that on more than one occasion, her cable and electricity wires had been torn down.  She requested that the Council look into her concerns and act to correct the problems.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS C, H, J AND O.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (98-1-12/R-1)

 

BE IT RESOLVED by the Council of the town of Chapel Hill that the Council hereby adopts the following minutes and resolutions and ordinances as submitted by the Town Manager in regard to the following:

 

a.         Minutes of November 13, 17, 18, 24 and December 1, 1997.

b.        Scheduling for filling Board and Commission vacancies as of June 30th, 1998 (R-2).

c.         Landfill construction bid approval (R-3).

d.        Acceptance of drug elimination grant (R-4 and O-0.1).

e.         Deleted.

f.          Transfer of State economic development funds (R-6).

g.         Calling of hearing:  zoning of land parcel (R-7).

h.         Extension of trolley lease (R-8).

i.           Amending Transportation Improvement Program (Buses) (R-9).

j.          Authorizing change to Personnel Ordinance (Hiring rates) (O-1).

k.        Establishment of Lower Booker Creek Trail Advisory Committee (R-10).

l.           South Graham Street parking restrictions (O-2).

m.       Response to Orange County Manager’s request for information regarding potential future use of Greene tract (R-11).

n.         Establishment of Citizen’s Advisory Committee on technology matters (R-12).

o.        Calling a work session to receive UNC’s Capital Improvement Program (R-13).

p.        Authorizing change to Personnel Ordinance (benefits) (O-3).

 

A RESOLUTION REGARDING THE PROCESS FOR CONSIDERING APPOINTMENTS TO TOWN ADVISORY BOARDS AND COMMISSIONS

(98-1-12/R-2)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule for appointments to Town advisory boards and commissions:

 

                        May 11th                      Orange Water and Sewer Authority board

                                                            Planning Board

 

                        May 26th                      Historic District Commission

                                                            Transportation Board

 

                        June 8th                        Board of Adjustment

                                                            Greenways Commission

                                                            Parks and Recreation Commission

 

                        June 22nd                      Housing and Community Development Advisory Board

                                                            Human Services Advisory Board

                                                            Personnel Appeals Committee

 

BE IT FURTHER RESOLVED that nominations for appointments shall be made at the regular meeting preceding scheduled appointments.

 

This the 12th day of January, 1998.

 

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PUBLIC HOUSING DRUG ELIMINATION PROGRAM GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (98-1-12/R-4)

 

WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has made funds available to public housing agencies to assist in the elimination of drug-related crime from their communities; and

 

WHEREAS, it is in the interest of the Town of Chapel Hill to provide drug prevention, intervention and referral to treatment programs for its residents of public housing; and

 

WHEREAS, the Department of Housing and Community Development's Drug Elimination Plan was approved by HUD in the amount of $99,992;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to accept the Drug Elimination Plan grant from the U.S. Department of Housing and Urban Development and to make all necessary assurances.

 

This the 12th day of January, 1998.

 

AN ORDINANCE TO ESTABLISH A DRUG ELIMINATION GRANT PROJECT ORDINANCE (98-1-12/O-0.1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina; the following project ordinance is hereby established.

 

SECTION I

 

The project authorized is the Drug Elimination Grant submitted to U.S. Department of Housing and Department of Housing and Urban Development August 1997;   funds are as contained in the grant agreement between the Town and by the U.S. Department of Housing and Urban Development dated December 8, 1997.

 

SECTION II

 

The manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the agreement document(s), the rules and regulations of the U.S. Department of Housing and Urban Development (HUD), and the budget contained herein.

 

SECTION III

 

The following revenue is available to complete the project:

 

Drug Elimination Grant                                                              $99,992

 

SECTION IV

 

The following amounts are appropriated for the projects noted below:

 

Reimbursement of Law Enforcement                                                       39,083

 

Drug Prevention Activities                                                                       58,909

 

            Drug Abuse Intervention                                                                           2,000

 

Total                            $99,992

 

SECTION V

 

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget.  He shall also keep the Council informed of any unusual occurrences.

 

SECTION VI

 

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.

 

This the 12th day of January, 1998.

 

A RESOLUTION REQUESTING RELEASE OF STATE ECONOMIC DEVELOPMENT FUNDS TO THE TRIANGLE J COUNCIL OF GOVERNMETNS (98-1-12/R-6 )

 

WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the State; and

 

WHEREAS, the General Assembly continued to recognize this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed by the member governments; and

 

WHEREAS, these funds are not intended to be used for payment of members’ dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and

 

WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State’s General Fund; and

 

WHEREAS, in Region J funds in the amount of $48,015 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to, and consequently, the benefits of the Research Triangle Park;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the release of its $2,850.98 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Section 16.5 of Senate Bill 352, the 1997 ratified budget bill.

 

This the 12th day of January, 1998.

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER REZONING A LOT IN CONFORMANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN 

(98-1-12/R-7 )

 

WHEREAS, the Council adopted the Southern Small Area Plan on June 23, 1992; and

 

WHEREAS, the Council adopted zoning in accordance with the adopted Southern Small Area Plan on November 22, 1993; and

 

WHEREAS, the Council adopted the Chapel Hill/Carrboro Annexation Boundary Line Agreement in June 1995; and

 

WHEREAS, a lot was omitted from being zoned in accordance with the Southern Small Area Plan during the negotiations for developing the Chapel Hill/Carrboro Annexation Boundary Line Agreement;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby calls a Public Hearing to consider the rezoning of a lot in accordance with the Southern Small Area Plan for Wednesday, March 11, 1998 at 7:00 p.m. in the Council Chamber, Town Hall, 306 North Columbia Street, Chapel Hill, North Carolina  27516.

 

This the 12th day of January, 1998.

 

 

A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, FOR GRANTS UNDER TITLE 49, CHAPTER 53 OF THE UNITED STATES CODE OF FEDERAL REGISTERS (98-1-12/R-9a)

 

WHEREAS, the U.S. Secretary of Transportation is authorized to make grants for mass transportation program of projects; and

 

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and

 

WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that in connection with the filing of applications for assistance under Title 49, Chapter 53 of the United States Code of Federal Registers, the applicant files an assurance that it will comply with the Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and

 

WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill:

 

That the Town Manager is authorized to execute and file applications on behalf of the University of North Carolina at Chapel Hill with the U.S. Department of Transportation and the North Carolina Department of Transportation, to aid in the financing of capital assistance projects pursuant to Section 5307 of Title 49, Chapter 53 of the United States Code of Federal Registers.

 

That the Town Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964.

 

That the Town Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications for the program of projects and budget.

 

That the Town Manager is authorized to set forth and execute affirmative minority business policies in connection with the project’s procurement needs. 

 

That the Town Manager is authorized to execute grant agreements on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and the N.C. Department of Transportation to aid in the financing of the capital assistance program of projects.

 

This the 12th day of January, 1998.

 

A RESOLUTION APPROVING AN AMENDMENT TO THE 1998-2004 METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM FOR THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA (98-1-12/R-9b)

 

WHEREAS, it is the policy of the Town of Chapel Hill to maintain a balanced transportation system for the citizens of the service area; and

 

WHEREAS, the Town of Chapel Hill has considered its transportation needs and amends those projects previously identified that would meet the Town’s transportation goals;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Transportation Advisory Committee amend the 1998-2004 Metropolitan Transportation Improvement Program to include the following:

 

FY1998  Purchase of up to 8 Expansion Transit Coaches          $1,245,968

 

This the 12th day of January, 1998.

 

A RESOLUTION ESTABLISHING A COMMITTEE TO DEVELOP A PROPOSED CONCEPTUAL PLAN FOR PHASE II OF THE LOWER BOOKER CREEK TRAIL PROJECT  (98-1-12/R-10)

 

WHEREAS, the State of North Carolina has allocated $316,000 in funding for Phase II of the Lower Booker Creek Trail; and

 

WHEREAS, the proposed Phase II of the Booker Creek Trail could provide opportunities for non-motorized vehicle transportation and recreation; and

 

WHEREAS, the proposed trail would be located adjacent to homes and businesses; and 

 

WHEREAS, the Town Council wishes to encourage and facilitate the participation of neighbors and residents in the design of the trail;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby establishes a temporary twelve-member Lower Booker Creek Trail (Phase II) Advisory Committee consisting of:

 

·        two Greenways Commission members

·        four citizens at-large

·        five nearby residents

·        one person to represent the owner of private property on which the trail must be located

 

BE IT FURTHER RESOLVED by the Council that the Lower Booker Creek Trail (Phase II) Advisory Committee is established for the purpose of advising Town staff and a designed firm in the preparation of a conceptual plan report that shall include recommendations for locating a 10 foot wide hard surface trail adjacent to Booker Creek, trail amenities, landscaping, and other proposed trail features.

 

BE IT FURTHER RESOLVED by the Council that the Lower Booker Creek Trail (Phase II) Advisory Committee shall be disbanded after Council’s consideration of the committee’s conceptual plan report.

 

This the 12th day of January, 1998.

 

A RESOLUTION AUTHORIZING THE MANAGER TO PREPARE A RESPONSE TO THE ORANGE COUNTY MANAGER'S REQUEST FOR INFORMATION RELATING TO POTENTIAL FUTURE USE OF THE GREENE TRACT (98-1-12/R-11)

 

WHEREAS, the Board of Orange County Commissioners are discussing various solid waste matters; and

 

WHEREAS, the Orange County Manager has requested that the Town provide information regarding potential future use of the Greene Tract; and

 

WHEREAS, the Greene Tract is within the Town of Chapel Hill planning jurisdiction; and

 

WHEREAS, Orange County's share of Greene Tract ownership is 43%,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to provide information requested by the Board of Orange County Commissioners regarding analysis of the Greene tract's suitability as the site for:

           

            - a materials recovery facility

            - a solid waste transfer station

            - a construction & demolition landfill, and

            - a municipal solid waste landfill (absent the current restriction on that use based on the proximity of the Horace Williams Airport

 

This the 12th day of January, 1998.

 

A RESOLUTION AUTHORIZING THE FORMATION OF AN EXPERT TECHNOLOGY COMMITTEE (98-1-12/R-12)

 

WHEREAS, the Town Council has used citizen committees with special expertise to provide assistance to Town staff in considering plans and recommendations on Town technology needs, such as computer systems for the Police Department and the Town wide-area network; and

 

WHEREAS, in April 1997, the Town Council discussed informally their interest in the formation of such a committee of citizens with expertise in several areas involving communications and technology, therefore,

 

BE IT RESOLVED that the Council of the Town of Chapel Hill authorizes the Manager to recruit citizens to serve on a Communications and Information Technology Committee with the assistance of Town staff, and that the Council appoint a Council Member to serve as the Committee’s conveyor and Council liaison.

 

BE IT FURTHER RESOLVED that the Town Council of Chapel Hill charges this committee to assist the Town staff in considering several areas of communication and technology needs identified in the April report to Council and that the committee develop short and long range plans for addressing these needs in the spring and summer of 1998 and report its recommendations to the Council by the fall of 1998.

 

This the 12th day of January, 1998.

 

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL (98-1-12/O-3)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill:

 

SECTION I

 

Sec. 14-59   Group Health and Hospitalization Insurance is hereby rewritten to read as follows:

 

"Sec. 14-59   Group Health and Hospitalization Insurance

 

The Town will provide full-time employees group hospitalization insurance including family coverage and pay the total cost of the base plan for the individual employees.  Employees will pay a  portion as annually determined by the Town Council of the cost of coverage for other members of their families if they desire such coverage.

 

Part-time employees may, if they so desire, purchase group hospitalization insurance through the Town, either for themselves or for themselves and their families.  Half the cost of individual coverage and half the cost of the base plan to a full-time employee of the family shall be paid for by the employee (with the remainder of the cost being paid by the Town). 

 

Provided, however, that when a part-time employee has worked an average work week of more than 37.5 hours for two quarters, consecutive or non-consecutive, in a 12 month period, the  employee will be eligible to receive health insurance coverage as if the employee  were in a full-time position.   Health insurance would continue at the full-time employee rate for at least 12 months.  After at least 12 months of coverage, employees' average work weeks would be reviewed during the next period of health insurance open-enrollment  to determine continued eligibility for full-time health coverage.  An employee would remain eligible for coverage as long as the employee  continues to work an average of at least 35  hours a week.  "

 

SECTION II

 

This ordinance is effective upon adoption.

 

This the 12th day of January, 1998.

 

Item 4.1c  Land Construction Bid Approval

 

Gary Carver, a resident of Blackwood Mountain, requested that the bid for construction of a landfill cell not be awarded.  He stated that the draft permit included cells 3 and 4, although the permit had not yet been issued.  Mr. Carver said that he learned from maps submitted with the application that the completed landfill would be as high as a ten-story building extending the distance from Town Hall to Franklin Street in one direction and from the Planetarium to the Yates Motor Company in the other.  Mr. Carver said that the area would be a mountain of garbage unsuitable for any neighborhood, rather than a landfill.   Mr. Carver urged the Council to consider an alternative plan for waste management. 

 

B. B. Olive stated that there was no way to appropriate $900,000 in good conscience for this project unless there would be time for an appeal following issuance of a permit to construct cell number four.  Mr. Olive said that to the best of his knowledge, such a permit had not yet been granted.   Mr. Olive expressed concern that a waste management plan had not yet been approved.  He requested that a public hearing involving the Town of Carrboro and Orange County be held to address this issue.

 

Mr. Horton asked Solid Waste Director Gayle Wilson to comment on the issues raised by Mr. Carver and Mr. Olive.    Mr. Wilson stated that the proposed project met all definitions of a landfill and that such a permit was currently being processed.  He further explained that although excavation was allowed without a permit, that no construction could take place without such a permit.    Mr. Wilson added that the design of cells three and four was being handled jointly as a means of reducing overall project costs.  He stated that the proposed landfill on the south side of Eubanks Road would eventually be an estimated fifty feet higher than the site on the north side of the road.  Finally, Mr. Wilson noted that in December, 1997, the State of North Carolina had held a public hearing on this permit, in accordance with State law.

 

Mayor pro tem Capowski requested that Town staff provide a drawing of the current ground area, top of the proposed landfill dome in relation to the existing tree canopy and the elevation of Blackwood Mountain as an aid to envisioning the actual size of the proposed landfill facility.   Mayor pro tem Capowski  also asked whether or not the Town ultimately controlled the height and visibility of the facility.   Mr. Wilson replied that the Town had absolute control in such matters.  He also noted that the top forty feet of the present landfill had an estimated capacity of  six months.  Mr. Horton added that Town staff could provide the drawing requested by Mayor pro tem Capowski.

 

Council Member Foy asked whether or not the projected landfill height had to reach one hundred feet.  Mr. Wilson stated that this was not required.   He added that the current landfill would reach capacity by June or July, 1998 if construction were not commenced on the proposed cell number three.

 

Council Member Brown inquired whether or not input from other governing bodies had been requested regarding this issue.   Mr. Wilson replied that there had been considerable involvement from the Towns of Carrboro and Hillsborough and Orange County.

 

Council Member Evans asked whether the Town or the State had prepared the proposal.  Mr. Wilson answered that the proposal was prepared by the Town and submitted to the State for review and approval.

 

Mayor pro tem Capowski asked whether or not the $900,000 allotment applied to preparation of the landfill bottom/base.   Mr. Horton said that this was correct.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 3, WITH THE STIPULATION THAT NO CONTRACT WOULD BE AWARDED UNTIL A PERMIT WAS ISSUED.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ACCEPTING THE BID FOR THE CONSTRUCTION OF THE PHASE 3 LANDFILL CELL AT THE ORANGE REGIONAL LANDFILL

(98-1-12/R-3)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on November 23, 1997, The News and Observer on November 23, 1997 and the Challenger Newspaper during the week of November 26 to December 6, 1997, in accordance with G.S. 143-128 for the construction of the Phase 3 Landfill Cell; and

 

WHEREAS, the following bids have been received and opened on December 18, 1997:

 

            CONTRACTOR                                                                     BID

            Rifenburg Construction, Inc.                                          $   900,000

            Raleigh, NC

 

            H.E. Sargent, Inc.                                                         $1,179,200

            Stillwater, ME

 

            Ground Improvements Techniques, Inc.                        $1,248,000

            Kissimmee, FL

 

            Triangle Grading and Paving, Inc.,                                 $1,281,849

            Burlington, NC

 

            Glover Construction Co., Inc.                                       $1,488,000

            Pleasant Hill, NC

 

WHEREAS, that the bid from Rifenburg Construction, Inc. was found to be the lowest responsive to the specifications and plans;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Rifenburg Construction, Inc. in the amount of $900,000.

 

This the 12th day of January, 1998.

 

Item 4.2    Information Reports

 

Item 4.2F

 

Tom Heffner, representing The Oaks 3 Homeowners Association and Goforth Properties, the original developer of The Oaks 3, requested that the Council proceed with the proposed annexation of the nine-lot Oaks 3 subdivision.

 

Council Member Andresen requested the removal of  item 4.2c for discussion later in the meeting.

 

Item 5:     Appointments to the Public Arts Commission & Sustainable

 Development Task Force

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPOINT ALL APPLICANTS TO THE SUSTAINABLE DEVELOPMENT TASK FORCE BY ACCLAMATION.   THE MOTION WAS UNANIMOUSLY APPROVED BY ACCLAMATION (8-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO APPOINT RUE TYSON TO THE PUBLIC ARTS COMMISSION.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 6:  Signage in Southern Village Development

 

Mr. Small presented an overview of the existing situation and the Town staff’s recommendations regarding signage in the Southern Village development.

 

Council Member Andresen commented that allowing parking on both sides of the street effectively served as a means of traffic calming.

 

Council Member Foy inquired how strong the Fire Department’s objections were to removing the existing restrictions.  Fire Chief Dan Jones explained that emergency equipment would require clearance to get through but not necessarily to operate within a 27 foot street width.  He noted that operating fire equipment required a street clearance of sixteen feet.  Chief Jones added that clearance of less than sixteen feet, would constrict, but not prevent the fighting of fires in residential areas.  However, a second vehicle such as a police car or ambulance would be unable to pass a fire truck if parking were unrestricted.

 

Vicki Bryant, a resident of Southern Village, said that although she fully understood the safety concerns of some persons, she felt that removing all parking restrictions in Southern Village could possibly create race track-like conditions of some roadways.

 

Southern Village Project Manager Jim Earnhardt spoke on behalf of Regan May, minister of Christ Church of Chapel Hill.   Mr. Earnhardt stated that the proposed Christ Church was to be built in Southern Village providing only twenty-five parking lot spaces, supplemented by on-street parking.  Mr. Earnhardt stated that Reverend May parked on the street when he drove to work because all available spaces in the existing parking lot were presently occupied on most days.

 

D. R. Bryan, developer of Southern Village, said that Southern Village was a pedestrian-friendly community which relied on the availability of on-street parking as a means of slowing traffic on neighborhood streets.  Mr. Bryan said that although he would prefer that there be no parking restrictions in Southern Village, he requested that the Council use the Town’s existing Ordinance guidelines if such restrictions had to be imposed.

 

Council Member Brown inquired whether or not the proposed staff solution addressed the concerns of residents of Southern Village.  Mr. Small said that the staff’s proposal attempted to the balance the concerns of all parties involved.

 

Council Member Andresen suggested that on-street parking not be permitted within fifty feet of stop signs.  She inquired about safety clearances needed for parking near alleyways.

 

COUNCIL MEMBER PAVĂO MOVED THE ADOPTION OF RESOLUTION 14, REMOVING THE WORD “CERTAIN” FROM THE PROPOSED RESOLUTION.

 

Council Member Evans stated that other neighborhoods in the Town did not have “no parking” signs near intersections.   She stated that citizens took personal responsibility about where it was safe to park their vehicles.   Council Member Evans said that she favored having no “no parking” signs in the Southern Village development unless specific safety problems resulted in future requests by Southern Village residents to install such signage.

 

Stating that an engineering solution was not necessarily the best one in this case,  Mayor pro tem Capowski said he leaned towards Council Member Evans’ proposal.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI,  TO REMOVE EXISTING PARKING RESTRICTIONS SIGNS IN SOUTHERN VILLAGE, EXCEPT IN LOCATIONS WHERE THE TOWN MANAGER DETERMINED THERE WERE SIGNIFICANT SAFETY-RELATED CONCERNS.

 

Mr. Horton said that Mr. Small and his staff could present evidence of clear and present danger in some areas where signage would need to be left in place.  He said that staff could prepare a follow-up report on this matter.  Stating that citizens would not present undue danger to others, Council Member Evans said that no follow-up report was needed.

 

Stating that many parts of the Town had too many street signs, Council Member Andresen suggested that Town staff explore other solutions such as painting lines on curbs to indicate parking restrictions.

 

Council Member Pavăo said he concurred that parking restrictions signs should only be located where documented dangers existed.

 

RESOLUTION 14, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO REVISE CERTAIN ON-STREET PARKING RESTRICTIONS IN THE SOUTHERN VILLAGE DEVELOPMENT (98-1-12/R-14)

 

WHEREAS, the developer and certain residents of Southern Village have requested that on-street parking restrictions be reduced to the extent possible in their development; and

 

WHEREAS, said Southern Village is presently within the Planning Jurisdiction but not the Corporate Limits of the Town of Chapel Hill, and thus its streets are not formally included in the Town Code of Ordinances for regulation purposes; and

 

WHEREAS, the Council can authorize the Manager to make adjustments in the traffic and parking restrictions in Southern Village on its behalf;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to make adjustments consistent with public safety and welfare.

 

This the 12th day of January, 1998.

 

Council Member Wiggins suggested that residents be notified if the Manager and Town Engineer determined future needs for signage in dangerous locations.  Mr. Horton said that this was a good suggestion.

 

Item 7  Pine Knolls Community Center Homeownership Program

 

Assistant Town Manager Flo Miller briefly presented the staff’s report and recommendations regarding the Pine Knolls Community Center Homeownership Program.

 

Council Member Foy inquired whether or not it was correct that one of the Community Center’s loans for a property on Park Road was in default.   Mr. Horton said that the Town had not received notice of such a default.

 

Mayor Waldorf said that she thought that it was premature to hold a public forum on this matter.  Mayor Waldorf also said that she weighed some other options.  She stated that the foreclosure option would mean that the property would pass into the hands of people who would build for the student market, rather than building low and moderate income family housing.  Mayor Waldorf suggested that the Council consider using the Town’s eminent domain powers for public purposes.    She suggested that the Council ask the Town Manager, Town Attorney, Mark Royster of Central Carolina Bank, Bo Sanford, President of the Knolls Development Association, and Charlie Zimmerli and Lee Butzin of the Housing Advisory Board meet to come up with a workable and pragmatic approach to address the existing situation.

 

Harvey Reid, former President of the Knolls Development Association, said that he had resigned as Board President due to a number of program and staffing-related concerns.  Mr. Reid said that paid administrative staff, rather than purely volunteer staff, was needed to move the program ahead in a more expedient manner.  Mr. Reid also expressed concern that the program did not have any permanent records of its activities such as minutes and records of actions taken by the Board and staff.   Mr. Reid said that he favored the adoption of Resolution B, the establishment of a contract with a different non-profit organization.

 

Margaret Cheek said that homeowners in the Knolls program needed to devote seven hours of sweat equity every week for five years to qualify for a home.  Ms. Cheek stated that the Knolls Development Association did not have any documentation regarding whether or not individual homeowners were in compliance with these sweat equity regulations.  Stating that the Town had been more than lenient with the Knolls Development Association to date, Ms. Cheek said that the matter should be a two-way street.

 

Reverend Weathers said that although he supported the Council’s adoption of Resolution B, he also liked Mayor Waldorf’s suggestion of a mediation between various affected parties.

 

Ted Parrish spoke in support of the Knolls Development Association’s ongoing activities and efforts.  Mr. Parrish said that although progress was slow, the program was providing homeownership opportunities to interested participants.

 

Ron Dickerson, a member of the Knolls Development Association, said he felt that two thousand hours of labor over five years was a fair price to pay for having a homeownership opportunity.

 

Reuben Hayes, a Carrboro resident, said that a portion of his neighborhood received assistance from the Knolls Development Association.  Stating that some of his neighbors had assisted in building his own home twelve years ago, Mr. Hayes said that he owned a small home improvement business and served as volunteer task coordinator for the Knolls Development Association.  Mr. Hayes said he believed that the Knolls program was a very worthwhile one in which neighbors assisted each other, without the need for paid staff.

 

Virginia Barbee said she believed that the program was a worthwhile one.  Ms. Barbee said that she had no regrets about the fact that she and her husband were approximately $200,000 in debt due to program-related loans.

 

Kevin Cook said that the program was focusing on repairing existing homes for occupancy, rather than purchasing any additional homes for renovation.  Mr. Cook said that the Knolls program had recently passed an audit of its activities and was repaying funds owed as homes were sold.  Stating that a recent meeting between concerned parties had been very successful,  Mr. Cook said that he favored the Council’s adoption of Resolution C this evening.  Mr. Cook also said that the existing program was a good model which minimized costs by relying on volunteer efforts.

 

Council Member Andresen inquired about the deadline and constraints for spending Federal funds for the Knolls Development homeownership program.  Mr. Horton said that HUD’s administration staff had concerns if the funds were not expended from one year to another.  He added that the funds could be reprogrammed for other purposes if the Council directed.

 

Council Member Andresen requested the Manager’s assessment of the Knolls Housing Program.  Mr. Horton said that although the program had been initiated about four years ago, only three homes had been renovated and sold to date.  Mr. Horton stated that this level of progress was much slower than the Town had anticipated.  He said that it was entirely reasonable for the Council to consider termination of the program or continuation of the program with additional resources.  Mr. Horton stated that without a program manual outlining procedures and routines, it would be very difficult to operate the program in a consistent manner.  Mr. Horton noted that that there were a number of outstanding disputes which needed to be resolved.  Council Member Andresen inquired how difficult it would be to resolve these matters.  Mr. Horton said although it would be fairly easy to resolving staffing difficulties and the absence of a program manual, the Knolls Development Association might not be willing to accept closer control and regulation of its programs, given the program’s original desire to be free from bureaucratic requirements.

 

Council Member Brown requested a clarification of the Mayor’s position relative to the Knolls matter.  Mayor Waldorf said that she did not favor Resolution A calling for a public forum, nor Resolution B, directing foreclosure, because the Town’s homeownership goals would be practically abandoned.  Mayor Waldorf said that she favored exploring options for exercising the Town’s eminent domain for public purposes in order to provide homeownership opportunities for persons with low and moderate incomes.  She stated that having a meeting between affected parties would be the first step in this process.

 

Council Member Wiggins suggested the possibility of receiving assistance from Mr. Harold Wallace as part of an ongoing mediation process.  Council Member Wiggins said although Mr. Wallace was a good negotiator and diplomat, his work did not proceed quickly.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, FOR STAFF TO ARRANGE FOR A MEETING BETWEEN THE TOWN MANAGER, TOWN ATTORNEY, MR. ROYSTER, MR. SANFORD, MR. ZIMMERLI, MR. BUTZIN AND OTHER APPROPRIATE PARTIES AS SOON AS PRACTICAL TO EXPLORE PROBLEM RESOLUTION STRATEGIES.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 8  Use of Disaster Recovery Grant Funds

 

Mr. Horton said that the Town was eligible to receive a $349,000 grant to assist with post Hurricane Fran disaster recovery efforts.  Long Range Planning Coordinator Chris Berndt briefly reviewed the staff’s recommendations for the possible use of funds.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 15.

 

Council Member Andresen inquired how communications to the public between various entities could be improved in future community emergencies.  Mr. Horton said that the Town’s Police and Fire Department staff had used loudspeakers and flyers to communicate vital information throughout the Town’s neighborhoods during emergency situations such as the period after Hurricane Fran.  He also said that applicable information had also been forwarded to radio and television stations for dissemination.  Council Member Andresen suggested that the Town consider providing some materials in Spanish for the area’s growing Hispanic population.

 

RESOLUTION 15 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING SUBMISSION OF A PLAN FOR SPENDING  $349,041 OF FEDERAL DISASTER RECOVERY INITIATIVE GRANT FUNDS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (98-1-12/R-15)

 

WHEREAS, the U.S. Department of Housing and Urban Development awarded the Town of Chapel Hill $349,041 of Disaster Recovery Initiative Grant funds; and

 

WHEREAS, on October 27, 1997, the Council adopted a process to budget the Disaster Recovery Initiative Grant funds; and

 

WHEREAS, on November 24, 1997, the Council held a public hearing to receive citizen’s comments on how to use the funds;

 

NOW, THEREFORE, BE IT RESOLVED that based on the Town’s award of $349,041 of Disaster Recovery Initiative Grant funds, the Town Council approves the following plan:

 

 

Public Housing Renovations:                 $ 150,000

Home Repair Program:             $ 134,041

Enhance Emergency Operating Ctr.       $   30,000

Purchase Emergency Generator            $   30,000

Curb and Gutter at Starlight Drive         $     5,000

Total                                                    $ 349,041

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to submit the required Disaster Recovery Initiative Grant plan to the U.S. Department of Housing and Urban Development. 

 

This the 12th day of January, 1998.

 

Item 9  Draft Neighborhood Traffic Management Policy

 

Mr. Horton said that the Town’s Engineering staff had undertaken an effort to identify possible traffic calming and management strategies for various parts of the Town.  Town Engineer George Small stated that the establishment of a traffic management policy would take time and a good deal of involvement by Town residents, advisory boards, the Council and Town staff.  Mr. Small stated that as part of the process individual neighborhoods would be invited to petition the Town about the types of traffic management programs they wished to explore.

 

Transportation Board Vice-Chair Kenneth Robinson said that the Board had reviewed the staff’s proposal and wholeheartedly supported it, especially the provision of opportunities

for involvement by neighborhood residents and organizations.

 

Expressing her conceptual support for most of the staff’s recommendations, Council Member Andresen said that it was very important to include funds in the Town’s budget to make progress regarding traffic management strategies.  Council Member Andresen said she believed that the proposed standard of requiring concurrence by two-thirds of neighborhood residents was far too high.  She stated that a better measurement would be the return of two-thirds of the surveys forwarded to area residents.  Stating that the speed humps on North Lakeshore Drive were too high and not very well situated, Council Member Andresen said that she nonetheless thought that these devices were a good traffic management tool.

 

Council Member Andresen inquired whether the Town was relying somewhat on stop signs as a means of traffic calming.  Mr. Horton said that staff was not proposing any changes in the Council’s stop sign guidelines.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 16.

 

Council Member Capowski requested that staff provide the Council with a map showing State roads proposed for inclusion in the Town’s traffic management strategies.

 

Stating that insufficient time had been provided to evaluate the North Lakeshore Drive speed humps, Council Member Pavăo said that he would not support Resolution 16.

 

Council Member Brown stated that she had some problems with the Engineering Department’s term “area of influence”.  She also expressed concern that the North Lakeshore Drive traffic calming project had not been planned or designed very well.

 

RESOLUTION 16 WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER PAVĂO VOTING NO.

 

A RESOLUTION RECEIVING A DRAFT “TOWN OF CHAPEL HILL POLICY FOR NEIGHBORHOIOD TRAFFIC MANAGEMENT” AND CALLING A PUBLIC FORUM ON FEBRUARY 23, 1998 (98-1-12/R-16)

 

WHEREAS, the Town Council is interested in pursuing traffic calming measures at selected locations in Chapel Hill; and

 

WHEREAS, at the Council’s direction the Town Manager has prepared a draft “Policy for Neighborhood Traffic Management”;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith receives the January 12, 1998 draft “Town of Chapel Hill Policy for Neighborhood Traffic Management” and calls a public forum on February 23, 1998 to receive comments from interested citizens.

 

This the 12th day of January, 1998.

 

Item 10  Regional Transportation Priorities

 

Mr. Horton stated that Department of Transportation said that issues should be aimed at projects instead of policies.  He also briefly reviewed the staff’s recommended priority listing including U.S. 15-501 South and widening of Homestead Road to three lanes.

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 17.

 

Mayor pro tem Capowski inquired why bus capital and South Columbia Street improvements were not included on the proposed priority listing.  Mayor Waldorf said that the meeting was being slated to discuss small, non controversial transportation projects with Department of Transportation officials.

 

RESOLUTION 17 WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION AUTHORIZING THE MAYOR TO DISCUSS THE FOLLOWING TRANSPORTATION RELATED ISSUES WITH MEMBERS OF THE STATE TRANSPORTATION BOARD AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION STAFF (98-1-12/R-17)

 

WHEREAS, members of the State Transportation Board have arranged to meet with local government representatives from Orange County to discuss transportation issues; and

 

WHEREAS, the Council has designated the Mayor to represent Chapel Hill at such meeting; and

 

WHEREAS, each local government representative can discuss two issues of concern to his/her jurisdiction.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorize the Mayor to discuss the following issues with State Transportation Board members and North Carolina Department of Transportation staff:

 

1.                  Include striped, designated bike lanes and supplemental landscaping in the U.S. 15-501 roadway improvement project south of Chapel Hill, as originally requested by the Town during project development.

 

2.                  Request that the portion of the proposed Homestead Road Improvement Project between N.C.86 and Seawell School Road include a three-lane cross-section with striped, designated bike lanes on both sides, curb-and-gutter, and benched fill along the back-of-curb for future sidewalk construction.

 

This the 12th day of January, 1998.

 

Item 11 Proposed Student Participation on Advisory Boards

 

Mayor Waldorf said her proposal was for students to participate on advisory boards, but not vote.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO MOVE AHEAD WITH MAYOR WALDORF’S PROPOSAL TO ENCOURAGE STUDENT NON-VOTING PARTICIPATION ON THE COUNCIL’S ADVISORY BOARDS AND COMMISSIONS.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Discussion of Consent Agenda Items

 

Item 4.1h  Extension of Trolley Lease

 

Council Member Andresen inquired how much the Town could realize if the trolleys were sold.  Mr. Horton estimated that the Town could receive between $10,000 and $20,000 for each of the two trolleys.  He added that the Town made more money leasing trolleys than by any other means.  Noting that one of the two trolleys was currently leased to the Town of Edenton, Mr. Horton also said that the Town would eventually need to dispose of the trolleys because of their maintenance and operation expenses.

 

Council Member Evans said that the Town’s other trolley served as a good resource to educate children about mass transit and as a means of providing various visitor tours.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 8.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN EXTENSION TO A LEASE FOR THE USE OF ONE TROLLEY BY THE INTER-COUNTY PUBLIC TRANSPORTATION AUTHORITY (98-1-12/R-8)

 

WHEREAS, The Town of Chapel Hill owns two trolley buses which are not currently used in daily operation, and the continued lease of one trolley will not significantly affect the Town’s ability to continue the current level of service; and

 

WHEREAS, The Inter County Public Transportation Authority has received a grant from the North Carolina Department of Transportation to fund a demonstration of trolley service in the Town of Edenton, North Carolina and desires to extend the lease with the Town for an additional six months; and

 

WHEREAS, the trolley will not be needed by the Town to meet its commitment to public transportation service for the term of the lease; and

 

WHEREAS, North Carolina Statue permits local governments to lease property, vehicles and equipment; and

 

WHEREAS, the terms and conditions of the lease will continue to be financially beneficial to the Town and will hold the Town harmless from any liability or damages resulting from this lease of a trolley to the Inter County Public Transportation Authority,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the terms and conditions of the lease extension and authorizes the Town Manager to execute this agreement with the Inter County Public Transportation Authority.

 

This the 12th day of January, 1998.

 

Item 4.1j   Proposed Change to Personnel Ordinance

 

Council Member Foy inquired about the budgetary impact of the proposed policy change in hiring above the mid-point for some positions.  He expressed concern that there might be some structural costs built into a position which the Council and staff might be unaware of in the long run.  Mr. Horton said he believed that the difficulties encountered in this regard would be minimal because the number of times during any one fiscal year would be very small.  Council Member Foy inquired why staff was not recommending a change to salary ranges.  Mr. Horton said that turnover at the Town’s division and department head level had been minimal.  He added that most division and department heads were not seeking large increases after being hired by the Town.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL (98-1-12/O-1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill:

 

SECTION I

 

Sec. 14-21   Starting Salaries is hereby rewritten as follows.

 

" Sec. 14-21   Starting Salaries

 

All persons employed in positions approved in the position classification plan shall be employed at the minimum salary for the classification in which they are employed; however, on the recommendation of the department head and with the approval of the Town  Manager, exceptionally well-qualified applicants may be employed above the minimum but below the salary range mid-point at a salary  above the minimum but less than the maximum salary approved for the classification.   "

 

SECTION II

 

This ordinance is effective upon adoption.

 

This the12th day of January, 1998.

 

Council Member Wiggins requested that the Manager provide an annual report to the Council about the number of times this policy was instituted each year.  Mr. Horton said that staff would be pleased to do so.

 

Item 4.1l   South Graham Street Parking Restrictions

 

Council Member Evans suggested that the proposed change be delayed, pending  recommendations on the matter from the Downtown Small Area Plan Working Group.

 

Noting that Ms. Walker had expressed her concerns about this matter to the Council on three separate occasions, Council Member Brown said that she favored acting on the proposed ordinance this evening.   Council Member Wiggins said that she likewise favored adoption of the proposed ordinance this evening.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO ADOPT ORDINANCE 2.  THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER EVANS VOTING NO.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(98-1-12/O-2)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill:

 

SECTION I

 

That section 21-27.8 of the Town Code of Ordinances, “No parking anytime except by residential permit.” is amended by inserting the following therein, in appropriate alphabetical order:

 

STREET                      SIDE                FROM                                     TO

 

South Graham              West                A point 73 feet north of A point 369 feet south

 Street                                                  the centerline of                        of the centerline of West

Cameron Avenue                      Franklin Street

 

SECTION II

 

This ordinance shall become effective February 1, 1998.

 

SECTION III

 

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

 

This the 12th day of January, 1998.

 

Item 4.1o   UNC Capital Improvements Program

 

Council Member Evans said that she was interested in the Council exploring options for the University to build on their existing property, rather than taking additional property off of the Town’s tax rolls for University development.  She also expressed her support for moving the meeting starting time to 5:00 p.m. to provide more time for Council questions.  Council Member Foy said that since UNC had initiated this proposed meeting, he did not favor expanding the scope or length of the proposed meeting.  Stating his belief that the Council would likely get some documentation prior to the meeting, Mayor pro tem Capowski suggested that the meeting would be most efficient if it started at 5:30 p.m. as proposed.

 

Mayor pro tem Capowski inquired about the status of efforts by the Town/UNC Fiscal Equity Task Force.  Mr. Horton said that the process was slower than Town and University staff had anticipated and that an additional month or two would be required to produce and present an interim report to the Council and other interested parties. 

 

Council Member Evans proposed that the second whereas be modified to incorporate the words “in land and building needs”.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 13, AS AMENDED, WITH A MEETING STARTING TIME OF 5:30 P.M.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION CALLING A WORK SESSION ON THE UNIVERSITY OF NORTH CAROLINA’S CAPITAL IMPROVEMENTS PROGRAM (98-1-12/R-13)

 

WHEREAS, the University of North Carolina has requested an opportunity to present to the Council their Capital Improvements Program; and

 

WHEREAS, the Council wishes to receive an overview of current construction as well as potential future construction in land and building needs;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Work Session at 5:30 p.m. on Monday, January 26, 1998 in the Town Hall, 306 North Columbia Street, to hear comments on the University of North Carolina’s Capital Improvements Program.

 

This the 12th day of January, 1998.

 

Item 4.2c    Changes to Special Use Permits

 

Council Member Brown said she would like an illustration, especially from Chapel Hill North, about how these types of changes occurred.  Council Member Brown also asked how the clear-cutting that actually occurred on NC 86 differed from what the Council had previously approved.

 

Council Member Andresen said that examples of minor modifications would help the Council better understand the way such changes were made.

 

By unanimous consent, the Council decided to postpone a closed session scheduled for this evening until after the Council’s January 20th public hearing.

 

The meeting concluded at  10:32 p.m..