SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

WEDNESDAY, JUNE 30, 2004, AT 7:00 P.M.

 

Mayor Kevin Foy called the meeting to order at 7:00 p.m.

 

Council members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

 

Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Traffic Engineer Kumar Neppalli, Engineering Director George Small, Planning Director Roger Waldon, Senior Planner Kay Pearlstein, Senior Long Range Planning Coordinator Chris Berndt, Housing Director Tina Vaughn, Library Director Kathy Thompson, Assistant Library Director Mark Bayliss, and Acting Town Clerk Sandy Cook.

 

Item 1 - Ceremonies

 

a.      Recognition of ARC of Orange County. 

 

Ellen Johnson, Development Director for the ARC of Orange County, introduced a short DVD presentation showing ARC clients participating in daily activities.

 

Mark Roth, the ARC's Executive Director, thanked the Town for its support over the years.  He stated that the ARC was expanding its work with children with learning disabilities and would be moving to a larger site in order to serve more people.

 

b.      Recognition of School Crossing Guards.

 

Mayor Foy presented an award to Sim Bowden for his four years of dedicated service to the Police Department and the Town of Chapel Hill.  Mr. Bowden replied that he had been extremely fortunate to work for the Town and was happy to accept an award for doing what he enjoys for those he enjoys helping.

 

Mayor Foy commented on the depth of crossing guards' dedication to their work.  He also presented awards to Darrin Rainey for one year of service, to Sylvia Pileggi for thirteen years of service, and to Barbara Link for nine years of service. Ms. Link said that she had enjoyed working with the children and had watched some of them grow up and go off to college.

 

Item 2 - Public Hearings:  None.

 

Item 3 - Petitions by Citizens and Announcements by Council Members

 

3a.       Petitions from Citizens:

 

3a(1).   Jeb Dube, Chair of the Bicycle and Pedestrian Advisory Board, requesting a Change to the Composition of the Board Membership.

 

Mr. Dube explained that the Board had expected to present two items to the Council tonight.  The second item, a draft Bicycle and Pedestrian Action Plan and a request that the Council call a public hearing and refer the draft to advisory boards for comment, was supposed to have been on tonight's Consent Agenda, he said.  With regard to the Board's petition, Mr. Dube asked that the composition of the Board's membership be changed to include two Carrboro seats rather than a Durham City, Durham County or Chatham County seat.  He said that the Board expected one Carrboro seat to become vacant this summer.

 

Council Member Harrison suggested that the Council refer the petition to themselves.

 

Mayor Foy recommended that the staff first provide some background. 

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO RECEIVE AND REFER BOTH REQUESTS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

3a(2).   Robert Poitras, Carolina Brewery, requesting an Amendment to the Current Sidewalk Dining Rules.

 

Mr. Poitras, owner/operator of the Carolina Brewery, asked Council members to amend the Town's sidewalk dining rules to include full service dining with alcohol. 

 

Council Member Strom explained that he had asked the Town Manager to expedite this request since tonight was the Town Council's last meeting before the summer break, and noted that the summer was the most important time for outdoor dining.  The Manager had placed a draft ordinance at Council members' places, Council Member Strom pointed out.  He asked Mr. Horton to explain what the ordinance entailed.

 

Mr. Horton stated that the ordinance would permit service of malt beverages and unfortified wines to persons seated and receiving food service at locations where such service already was permitted.  The Town Attorney had drafted the ordinance in consultation with the police attorney and police chief, he said. Mr. Horton pointed out that one provision of the ordinance would make it unlawful to consume alcohol that had not been purchased at that business.

 

Council Member Strom proposed that the Council proceed with approving the ordinance tonight.  Mr. Horton pointed out that doing so would require unanimous consent.

 

Council Member Kleinschmidt verified that the ordinance would allow existing restaurants with sidewalk dining to serve alcoholic beverages and that no other changes had been made in the ordinance's provisions.  He had brought this issue up at the Council's planning retreat in January, he said, and recalled being told that State regulations would prevent the Town from exploring the idea. Mr. Horton replied that State regulations determine where alcoholic beverages might be sold.  Mr. Karpinos added that this ordinance would allow malt beverages and unfortified wines to be sold outside in restaurants that have a State permit to do so.

 

Council Member Strom asked for the Council's consent to take action tonight on the ordinance before them.

 

Mayor pro tem Wiggins replied that she would like to see the Council enact the ordinance but wanted it to be a regular agenda item so that the public would have a chance to comment.  Mayor pro tem Wiggins refused to consent to the Council voting on the proposed change tonight.

 

Mayor Foy inquired about the possibility of having a temporary change to the ordinance that would expire in September when the Council returned.  Mr. Karpinos replied that the Council could consider enacting the ordinance with a sunset clause.

 

Mayor pro tem Wiggins said that doing so would not address her concerns.

 

Mayor Foy verified with Mr. Karpinos that enacting the ordinance immediately upon its presentation would take the unanimous consent of the Council to declare the petition to be of unusual urgency.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

3a(3).   Richard LaScala, requesting Traffic Calming Devices on Sedgefield Drive.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0). 

 

 

3a(4).   Nancy Zeman, President of the Public School Foundation, regarding the Walk for Education and Race for Education.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

3a(5).   Jay Brenman, requesting Expedited Striping of Weaver Dairy Road Ext.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

3a(6).   Village Project Member Blair Pollock, requesting Council Support of a "Car Free Day" on September 22, 2004.

 

Mr. Pollock stated the event was being planned to get people out of their cars worldwide on the anniversary of a death by automobile in the City of New York on that date, he said.  Mr. Pollock explained that safe streets for children would be this year's theme.

 

Patrick McDonough, "Car Free Day" Committee Chair, listed organizations that already had agreed to participate.  He explained that it would mean proclaiming Car Free Day in Chapel Hill and suggested that Council members pledge to go without cars themselves on that day.  Mr. McDonough noted that it might be impossible for some Triangle citizens to function without a car.  But he encouraged those people to go "car light" on that day, pointing out that the goal was to reduce the number of miles traveled and emissions in the region.  Mr. McDonough also suggested some pedestrian travel projects, such as repainting crosswalks or making small additions to streets that would make streets safer for children.

 

Council Member Verkerk pledged to go car free on September 22nd and encouraged her fellow Council members to take it seriously and approve the petition tonight.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO APPROVE THE PETITION AND DECLARE SEPTEMBER 22, 2004, AS "CAR FREE DAY" IN CHAPEL HILL.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Ward asked that the Car Free Day information be passed on to the Transportation Board and the Bicycle and Pedestrian Advisory Board so that they would be aware of the Council's action.

 

3b.       Announcements by Council members. None.

 

3c.       Presentations by Orange County Commissioner Margaret Brown:

 

3c(1).   Presentation by Orange County Commissioner Margaret Brown on Progress of Park Projects.

 

3c(2).   Presentation by Orange County Health Department Healthy Carolinians Program.

 

Mayor Foy explained that Commissioner Brown would present Items 3c(1) & 3c(2), beginning with 3c(2).

 

Commissioner Brown, referring to a publication by the Healthy Carolinians Program, explained that Orange County had begun providing low-cost dental care.  She also noted that various groups had come together to address the issue of adolescent mental health.  They hoped to work with the schools on that program, she said. 

 

 

With regard to the Intergovernmental Parks Work Group, Commissioner Brown described its accomplishments as "quite astonishing."  She noted that this was the group that had developed the park bond in 2001.  She said that a subgroup had been pushing ahead to develop three of the resulting proposals: the Southern Community Park, the Homestead Aquatics Center, and greenways. Commissioner Brown pointed out that the Work Group's three-year charge had run out, and she asked the Town to agree to continue it.  Orange County, Hillsborough, and Carrboro had all adopted resolutions re-establishing the Work Group, Commissioner Brown noted.  She asked the Town Council to adopt such a resolution as well.

 

Commissioner Brown displayed a copy of the first County-wide recreation parks map and explained that the maps would be free throughout the County.

 

 

3c(3).   Presentation by UNC Student Body President Matt Calabria.

 

Mr. Calabria introduced himself and other UNC Student Body officers to the Council.  His political platform had included trying to do a better job of working with the Town Council and with Town relations in general, he said.  Mr. Calabria asked Council members to contact the Student Body officers if there was anything they could do for the Town.  He explained that they would be working on voter registration and would be addressing the issue of lighting on campus and related safety issues.

 

Item 4 - Consent Agenda

 

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0). 

 

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-06-30/R-1)

 

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

 

a.

Minutes of May 10, 12, 17, 19, and 24, 2004.

b.

Nominations to Various Advisory Boards and Commissions (R-2).

c.

Bid Award for the Purchase of One Rear Loading Refuse Truck (R-3).

d.

Bid Award for the Purchase of Two Front Loading Refuse Trucks (R-4).

e.

Response to Petition Requesting Installation of Stop Signs on Greenwood Road at its Intersection with Sandy Creek Trail/Old Mill Road (O-1).

f.

Response to Petition from OWASA Requesting Expedited Review of a Special Use Permit for the I-40 Water Booster Pump Station Project (R-5).

g.

Memorandum of Agreement with Durham Technical Community College (R-6).

 

h.

Budget Amendment for Federal Emergency Management Administration (FEMA) Ice Storm and Hurricane Isabel Reimbursement (O-2).

i.

Budget Ordinance to Amend the Parks and Recreation Department’s Budget (O-3).

j.

Project Ordinance for the Capital Fund Program for Public Housing Renovations (O-4).

k.

Grant Project Ordinance for the 2004-2005 Community Development Entitlement Program (O-5).

l.

Calling a Public Hearing on a Draft Bicycle and Pedestrian Action Plan (R-7).

m.

Addition to the Design Guidelines of the Comprehensive Plan for the Northside Neighborhood Conservation District (R-8).

n.

Authorization to Submit Public Housing Assessment System Management Operations Certifications to the U.S. Department of Housing and Urban Development (R-9).

o.

Resolution Initiating Establishment of a Library Building Committee (R-10).

p.

Agreement for Banking Services and Amendment to the Town’s Cash Management Policy (R-11, R-12).

q.

Approval of Underwriters for the Town Operations Center (R-13).

r.

Franchise for Madison River Communications, LLC (Second Reading) (O-6).

s.

Deferring Consideration of Amendment to the Land Use Plan for Designating School Sites to September 7, 2004 (R-14a, R-14b).

t.

Budget Amendment to Close the SafeLight Program (O-7).

u.

Budget Amendment re Housing (O-8a, O-8b).

v.

Preliminary Report on Ways to Improve Pedestrian Travel Around the Town Hall and at Airport Road and North Columbia Street (R-15).

w.

Fees for Roll-Cart Commercial Solid Waste Collection Service (R-15.1).

x.

Project Ordinance Amendment for the Town Operations Center (O-8.1).

y.

Contract Amendments for the Downtown Economic Development Initiative (R-15.2).

 

This the 30th day of June, 2004.

 

 

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2004-06-30/R-2)

 

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

 

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

 

Horace Williams Citizen’s Committee

Rudy Juliano

 

Technology Committee

Aris Buinevicius

 

This the 30th day of June, 2004.

 

 

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A REAR LOADING REFUSE TRUCK (2004-06-30/R-3)

 

WHEREAS, the Town of Chapel Hill had advertised notice of waiver of the formal bid process by legal notice in The Chapel Hill News on Sunday, June 13, 2004, in accordance with G.S. 143-129(g) for the purchase of one rear loading refuse truck; and

 

WHEREAS, a formal bid competition was completed by the City of High Point, North Carolina in accordance with G.S. 143-129; and

 

WHEREAS, the Piedmont Truck Center offers the Town the rear loading refuse truck at the same price as offered to the City of High Point, North Carolina;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town implements the waiver of formal bid process in accordance with G.S. 143-129(g) and accepts the offer to sell of Piedmont Truck Center in the amount of $101,566.

 

This the 30th day of June, 2004.

 

 

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF TWO FRONT LOADING REFUSE TRUCKS (2004-06-30/R-4)

 

WHEREAS, the Town of Chapel Hill had advertised notice of waiver of the formal bid process by legal notice in The Chapel Hill News on Sunday, June 13, 2004, in accordance with G.S. 143-129(g) for the purchase of two front loading refuse trucks; and

 

WHEREAS, a formal bid competition was completed by North Carolina State University in accordance with G.S. 143-129; and

 

WHEREAS, the Carolina Environmental Systems offers the Town two front loading refuse trucks at the same price as offered to North Carolina State University;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town implements the waiver of formal bid process in accordance with G.S. 143-129(g) and accepts the offer to sell of Carolina Environmental Systems in the amount of $308,354.

 

This the 30th day of June, 2004.

 

 

 

AN ORDINANCE AMENDING SECTION 21-13 OF THE TOWN CODE OF ORDINANCES REGARDING RIGHT-OF-WAY AND STOP REGULATIONS (2004-06-30/O-1)

 

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

 

Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:

 

“Through Streets                                             Stop Streets

 

Greenwood Road                                             Sandy Creek Trail/Old Mill Road”

 

Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:

 

“Intersection(s)

 

Greenwood Road and Sandy Creek Trail/Old Mill Road”

 

Section 3. This Ordinance shall become effective July 10, 2004.

 

This the 30th day of June, 2004.

 

 

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT APPLICATION FOR THE OWASA I-40 WATER BOOSTER PUMP STATION (2004-06-30/R-5)

 

WHEREAS, the Town of Chapel Hill has received a petition for the OWASA I-40 Water Booster Pump Station requesting expedited processing of a Special Use Permit application seeking approval of a new water pumping station; and

 

WHEREAS, the proposal would satisfy a public purpose objective;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of a Special Use Permit application for the OWASA I-40 Water Booster Pump Station in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 30th day of June, 2004.

 

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR A PARTNERSHIP WITH DURHAM TECHNICAL COMMUNITY COLLEGE AND THE TOWN OF CHAPEL HILL (2004-06-30/R-6)

 

WHEREAS, the Town of Chapel Hill and Durham Technical Community College recognize the training concerns and requirements for each of these agencies to support the necessity of a classroom facility within the fire training grounds; and

 

WHEREAS, the Town of Chapel and Durham Technical Community College have worked together to plan and develop training curriculums in efforts to utilize available resources in a cooperative effort as it relates to public service training; and

 

WHEREAS, the Town of Chapel Hill both support training alternatives in handling the cost associated needs and concerns;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorize the Town Manager to execute the Memorandum of Agreement between Durham Technical Community College and the Town of Chapel Hill with the terms and conditions substantially as stated in the memorandum document presented at the Council’s meeting of June 30, 2004.

 

This the 30th day of June, 2004.

 

 

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-06-30/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003 and the same is hereby amended as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This the 30th day of June, 2004.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-06-30/O-3)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003 and the same is hereby amended as follows:

 

 

 

This the 30th day of June, 2004.

 

 

 

AN ORDINANCE TO ESTABLISH A CAPITAL FUND PROGRAM (CFP) PROJECT ORDINANCE (2004-06-30/O-4)

 

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 Capital Fund Project as approved by the Council on April 28, 2003.  Funds are as contained in an Amendment to the Consolidated Annual Contributions Contract between the Town and the U. S. department of Housing and Urban Development (HUD).

 

SECTION II

 

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

 

 

SECTION III

 

The following revenue is available to complete the project:

 

Capital Fund Program                              $95,773

 

SECTION IV

 

Dwelling Structures                                  $95,773

 

Total $95,773

 

SECTION V

 

The Finance Director of the Town of Chapel Hill is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to the U. S. Department of Housing and Urban Development as required by the Annual Contributions contract and federal regulations.

 

SECTION VI

 

Funds may be advanced from General funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

 

SECTION VII

 

The Town Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

 

This the 30th day of June, 2004.

 

 

AN ORDINANCE ESTABLISHING THE 2004–2005 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (2004-06-30/O-5)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statues of North Carolina, the following grant project is hereby established:

 

SECTION I

 

The projects authorized are the Community Development projects as approved by the Council on April 26, 2004: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD).  The projects are known more familiarly as the 2003 Entitlement Community Development Block Grant.  The grant activities include renovation of public housing, neighborhood revitalization, property acquisition, community services to low-income residents, and administration costs for the program.

 

SECTION II

 

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

 

SECTION III

 

The following revenues are anticipated to be available to complete this project:

 

            Community Development Block Grant:              $711,000

 

SECTION IV

 

The following amounts are appropriated for the project:

 

Public Housing                                                                          $206,000

Renovation of Airport Gardens             $150,000

Refurbishing Program                                        $ 50,000

Playground Equipment                          $ 6,000

            Neighborhood Revitalization                                                                 $121,700

Orange Community Housing and Land Trust                                         $100,000

Comprehensive Rehabilitation Program                                     $100,000

Community Services                                                                             $ 81,700

            Chapel Hill Police Dept. Youth Programs          $40,000

Family Resource Center                                    $15,000

            Cooperative Extension                          $13,700

            YMCA                                                            $13,000

Administration                                                                          $101,600        

Total                                                                                                    $711,000

 

SECTION V

 

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the grant agreement(s) and federal and State regulations.

 

SECTION VI

 

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed with in five days of adoption with the Manager, Finance Director and the Town Clerk. 

 

This the 30th day of June, 2004.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON A DRAFT BICYCLE AND PEDESTRIAN ACTION PLAN FOR THE TOWN OF CHAPEL HILL (2004-06-30/R-7)

 

WHEREAS, the Chapel Hill 2000 Comprehensive Plan includes the objective to “develop and maintain a pedestrian circulation system, including sidewalks and greenway trails, that provides direct, continuous, and safe movement within and between districts of Town. Link neighborhoods to activity centers, transit stops, schools, parks, and other neighborhoods”; and

 

WHEREAS, the Chapel Hill 2000 Comprehensive Plan includes the objective to “develop and maintain a system of safe and efficient bikeways (on-street bike lanes and off-street paths within greenways) designed to contribute to Town-wide mobility, connecting neighborhoods with activity centers, schools, parks, and other neighborhoods”; and

 

WHEREAS, the Comprehensive Plan calls for development of a comprehensive pedestrian and bicycle network; and

 

WHEREAS, on September 8, 2003, the Council of the Town of Chapel Hill approved a process and schedule for the preparation of a Bicycle/Pedestrian Improvement Action Plan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for September 20, 2004, 7 p.m. in the Council Chamber, Town Hall, 306 N. Columbia Street, to consider a Draft Bicycle and Pedestrian Action Plan.

 

BE IT FURTHER RESOLVED that the Draft Bicycle and Pedestrian Action Plan be referred to the Town Manager and the Town Attorney for review, and to the Active Living By Design Committee, the Chapel Hill Public Arts Commission, the Community Design Commission, the Greenways Commission, the Historic District Commission, the Housing and Community Development Advisory Board, the Library Board of Trustees, the Parks and Recreation Commission, the Planning Board and the Transportation Board for comment.

 

This the 30th day of June, 2004.

 

 

A RESOLUTION INCORPORATING THE NORTHSIDE NEIGHBORHOOD CONSERVATION DISTRICT DESIGN GUIDELINES INTO THE DESIGN GUIDELINES OF THE CHAPEL HILL COMPREHENSIVE PLAN (2004-06-30/R-8)

 

WHEREAS, the Chapel Hill Comprehensive Plan calls for the preservation of “attractive and diverse neighborhoods surrounding the downtown”; and

 

WHEREAS, Section 3.6.5 of the Land Use Management Ordinance states that the purpose of a Neighborhood Conservation District is to “protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor” of neighborhoods which contribute significantly to the overall identity and character of the Town; and

 

WHEREAS, the establishment of Design Guidelines for the Northside Neighborhood Conservation District is the third highest priority goal for 2004;

 

NOW, THEREFORE, BE IT RESOLVED by Council of the Town of Chapel Hill that the Design Guidelines as detailed in Attachment 1 be added to the Design Guidelines of the Town’s Comprehensive Plan and be provided as a booklet to citizens and developers as a guide to making alterations to property in the Northside neighborhood.

 

This the 30th day of June, 2004.

 

 

A RESOLUTION AUTHORIZING SUBMITTAL OF PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) MANAGEMENT OPERATIONS CERTIFICATIONS (2004-06-30/R-9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to submit Public Housing Assessment System (PHAS) Management Operations Certifications as required by the U.S. Department of Housing and Urban Development.

 

This the 30th day of June, 2004.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO INITIATE THE PROCESS OF ESTABLISHING A LIBRARY BUILDING COMMITTEE (2004-06-30/R-10)

 

WHEREAS, voters approved by referendum on November 4, 2003, the issuance of $16.23 million of library bonds;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes a Library Committee to:

 

1.         Organize a process for selection of an architect.

 

2.         Work with the architect through the design process.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to work with the following boards and commissions to nominate representatives to the Committee which shall include:

 

1.         One or more Council members.

 

2.         Two or more members of the Library Board of Trustees.

 

3.         One member of the Parks and Recreation Commission.

 

4.         One member of the Friends of the Chapel Hill Public Library.

 

5.         One member of the Chapel Hill Public Library Foundation.

 

6.         One member of the Chapel Hill Public Arts Commission.

 

7.         Two or more residents from the Pritchard Park neighborhood.

 

8.         Two or more at-large members.

 

This the 30th day of June, 2004.

 

 

A RESOLUTION AUTHORIZING THE TOWN TO ENTER INTO A BANKING AGREEMENT WITH CENTRAL CAROLINA BANK (2004-06-30/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town to enter into a banking agreement with Central Carolina Bank for a period of three years beginning in 2004.

 

This the 30th day of June, 2004.

 

 

A RESOLUTION AMENDING THE CASH MANAGEMENT PLAN (2004-06-30/R-12)

 

WHEREAS, the Town established a Cash Management Plan on July 11, 1988; and

 

WHEREAS, the Town seeks as a depository, a financial institution offering a high rate of return on cash deposits after taking into account service charges and service level;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Cash Management Plan be revised to read as follows:

 

SECTION I

 

The Council hereby charges the Finance Director, with the cooperation of all Town departments and officials, to devise and implement a Cash Management Plan which addresses cash receipts, cash mobilization and management of available resources (investments), cash disbursements, banking relations, and monitoring and reporting on the Plan.  The Finance Director shall submit the Cash Management Plan to the Town Manager for review and approval.  The Town Manager shall issue implementing instructions, consistent with this resolution, for the Cash Management Plan as part of the Administrative Policies and Procedures of the Town.

 

SECTION II

 

The independent auditor for the Town of Chapel Hill shall monitor the Town’s compliance with the established Cash Management Plan and the reports of the Finance Director thereon.  He shall report his findings and recommendations annually to the Council as part of the Town audit.

 

SECTION III

 

The following procedures are hereby established and shall be incorporated in the cash receipts section of the Cash Management Plan:

 

  1. Except as otherwise provided by law, all taxes and other moneys collected or received by an officer of employee of the Town shall be deposited in an official depository in accordance with G.S. §159-32.

 

  1. Moneys received shall be deposited daily in the form and amounts received, except as otherwise provided by statute.  These moneys shall be deposited in such a manner as to receive the current day’s credit.

 

  1. The Town may receive electronic payments as defined in G.S. §147-86.20 and in accordance with G.S. §159-32, including credit cards, debit cards, and electronic fund transfers.

 

  1. Moneys due to the Town either by another governmental agency or by an individual shall be promptly billed, collected and deposited.  The Finance Director shall monitor the status of all uncollected moneys owed to the Town and implement measures to collect any and all delinquent accounts except as otherwise provided by law.

 

  1. The Finance Director shall periodically review each revenue source of the Town and examine the methods for prompt billing, collection, depositing and reporting of those sources.  These methods shall be analyzed with individuals in other departments responsible for the particular revenue source, and changes shall be instituted if quicker and more efficient means of revenue realization are possible.

 

SECTION IV

 

The following procedures are hereby established and shall be incorporated in the cash mobilization and management of available resources (investments) section of the Plan:

 

  1. The Finance Director shall establish a central depository system for the Town.

 

  1. Pursuant to G.S. §159-25(4), the Finance Director shall receive and deposit all moneys accruing to the Town in to the Town’s cash concentration account, unless another officer or employee is duly authorized to do so and is supervised by the Finance Director.

 

  1. All moneys received from the State shall be received through the North Carolina Electronic Payment Program where applicable.

 

  1. The Finance Director shall review daily the position of the cash concentration account and invest any and all excess deposits.  Eligible investments shall be strictly in accord with G.S. §159-30(c) and G.S. §147-69.1(c) including obligations of the U.S. Government, time deposits, repurchase agreements, and the North Carolina Cash Management Trust.

 

  1. The Finance Director shall strive to keep 100% of the Town’s moneys invested at all times.  This necessitates the cash concentration or checking account being kept in an interest-bearing account.

 

  1. The Finance Director shall continuously forecast the Town’s future cash needs and invest moneys for longer periods of time where practicable.

 

SECTION V

 

The following procedures are hereby established and shall be incorporated in the cash disbursements section of the Town’s Cash Management Plan:

 

  1. The method in which appropriations and other available resources are expended shall be performed pursuant to G.S. §159-28(b).

 

  1. Billings to the Town for goods received or for services rendered shall not be paid early or late, but on the discount date or the due date to the extent practicable.

 

  1. The Finance Director shall establish a system of inventory and check to insure that inventories will remain at levels necessary to conduct business without being excessive.

 

  1. The Finance Director will consolidate all payments to a particular vendor, rather than issuing separate checks for each billing, to the extent practicable.

 

  1. A cost-effective disbursement cycle shall be established to create the maximum amount of investable funds while at the same time insuring all bills are paid by their due date.  The disbursement cycle shall be reviewed periodically by the Finance Director and changes shall be instituted when appropriate.

 

SECTION VI

 

The following procedures are hereby established and shall be incorporated in the banking relations section of the Cash Management Plan:

 

  1. The Finance Director will maintain the minimum number of bank accounts for official operation.  A cash concentration account and imprest payroll account shall be required accounts.

 

  1. The Finance Director shall maintain in the Town’s accounts enough moneys to meet the Town’s daily obligations.

 

  1. An official depository shall be selected based on a competitive proposal.  A Request for Banking Services shall be submitted to those financial institutions the Finance Director has determined to be financially sound, based on a comprehensive analysis of the institutions’ financial positions.  The selection process will be carried out every three years. The Finance Director shall recommend an official depository to be designated by the Council based on his evaluation of the proposals.

 

  1. In order to serve as the Town’s depository, a financial institution shall provide the following as minimum services:

 

a)      Automatic payroll deposit capability (through the electronic Automated Clearing House system) which is compatible with the Town’s established automatic payroll deposit system including specific payroll time schedules.

 

b)      Investment options, including an overnight investment sweep account, which will provide a competitive interest rate with minimal fees.

 

c)      Capability to process for deposit all coins and currency collected from the Town’s public transportation system and parking facilities.

 

  1. Any financial institution not selected as the official depository but receiving Town funds for investment shall be analyzed by the Finance Director for financial stability if the amount of time deposits exceeds the federal depository insurance coverage of $100,000.

 

SECTION VII

 

The following procedures are hereby established and shall be incorporated in the monitoring and reporting section of the Cash Management Plan:

 

  1. The Finance Director shall report quarterly to the Council concerning the status of investments, the collateralization of Town moneys, and the comparison of actual receipts and disbursements to the budgeted figures and cash flow projections.

 

  1. The Finance Director shall submit semi-annually the LGC-203, Report of Cash Balance, to the secretary of the Local Government Commission pursuant to G.S. §159-33.  

 

  1. Significant changes in banking services or costs, and the issuance of a Request for Proposal for Banking Services will be reported to the Council.

 

  1. The Finance Director shall report regularly to the Council on delinquent special assessment accounts.

 

  1. Each year the Plan shall be reviewed by the Finance Director during budget preparation.  The Finance Director shall propose amendments to the Plan, as appropriate, to further enhance the Town’s Cash Management Program. All Plan amendments shall be submitted to and approved by the Town Manager before being implemented.

 

SECTION VIII

 

All employees of the Town shall follow the Cash Management Plan and provisions of this resolution, and the willful or continued failure to do so is sufficient cause for possible disciplinary action.

 

This the 30th day of June, 2004.

 

 

A RESOLUTION AUTHORIZING THE TOWN TO ENTER INTO AN AGREEMENT WITH LEGG MASON WOOD WALKER, INC. FOR UNDERWRITING SERVICES FOR THE TOWN OPERATIONS CENTER (2004-06-30/R-13)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town to enter into a contract for underwriting services for the Town Operations Center with Legg Mason Wood Walker, Inc.

 

This the 30th day of June, 2004.

 

 

AN ORDINANCE GRANTING A FRANCHISE TO MADISON RIVER COMMUNICATIONS, LLC TO PROVIDE VOICE AND DATA TELECOMMUNICATIONS SERVICES IN THE TOWN OF CHAPEL HILL (2004-06-30/O-6)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby grants a franchise to Madison River Communications, LLC to operate a telecommunications system in the Town subject to the following conditions:

Scope of Services

 

The company may provide the following services:

 

Telephone and Data Communications Services, pursuant to authority granted by the Federal Communications Commission.

 

This franchise does not authorize the company to provide cable television or video services, for which a separate franchise could be requested.  This franchise does not authorize placement of public use telephones on Town property or public rights-of-way.

 

Relocation Of Equipment

 

Any of the company's equipment which may be located in public rights-of-way or other Town property shall be subject upon 180 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager; provided that places satisfactory to the Town Manager are available within such period and will not result in a material adverse affect on the quality of company's telephone and data communications service provided to the Town; otherwise, such time period shall be extended as reasonably necessary for the company to find an adequate relocation site, provided, however, that the Town Council approves a separate lease agreement.

 

Subject to the time frames referenced in the preceding paragraph, removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town. 

 

Upon the Town's determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town after consultation with the company.  Emergency needs are not subject to the time limits stated above.

 

Disturbance of Property within a Right-of-Way; Inspections

 

Any disturbance of property within or affecting a public right-of-way, as may be necessary for the installation and/or connection of services by the franchisee, must receive prior approval of the Town Manager or Manager's designee and shall be subject to Chapter 17, Article IV of the Town Code of Ordinances.  The franchisee shall notify the Town Manager’s office 24 hours in advance of the start of any construction that will damage any existing public street or significantly obstruct the flow of traffic.

 

Term of Franchise

 

The term of the franchise shall be 20 years from acceptance by the franchisee, with the possibility of renewal subject to filing of a renewal application at least one year before the franchise expiration.

 

Letter of Credit, Fees and Taxes

 

 

The company shall maintain a letter of credit in the amount of $50,000, or a guarantee of company's general partner, acceptable to the Town Manager, with the required amount to be replenished as necessary to maintain the required balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of any applicable fees and taxes due to the Town.  So long as the company is subject to and does pay the State franchise tax imposed pursuant to N.C.G.S. §105-120, the Town shall not, and does not currently, charge a license, privilege or franchise tax on the company, which is not authorized by law and applicable to other similar businesses.  Should the Town seek to impose a fee or tax on the company in the future, the company shall have not less than 120 days’ notice prior to the effective date of such fee or tax, and shall have the right to terminate the franchise provided that it shall remove its equipment from the Town property or public right-of-way within 60 days of termination.

 

 

Insurance and Indemnification of the Town

 

 

The company shall maintain general liability insurance naming the Town as an additional insured party and in a form satisfactory to the Manager.  General liability coverage shall be in the amount of at least $1,000,000.

 

 

The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages that may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.

 

 

 

Compliance with All Applicable Laws, Ordinances and Regulations

 

 

The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town that may be issued under the franchise ordinance terms or general law, provided that such policies, directives, codes, and regulations are consistent with State and federal laws and regulations, and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc.  Failure to comply shall be grounds for revoking the franchise.

 

 

Acceptance of Franchise Terms

 

 

The company shall, within 60 days of adoption of this franchise ordinance on second reading, accept all terms and conditions of the franchise ordinance.

 

Revocation Procedure

 

If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease utilizing its facilities located on Town property or public rights-of-way within 120 days of receiving notice of revocation and remove its equipment from public right-of-way within 180 days. Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit or to call upon the guarantee to cover such costs.

 

Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company.  The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.

 

Transfer Of Ownership

 

A change or changes in ownership of the franchisee cumulatively totaling a 25% or greater interest in the company shall be subject to review and reasonable approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for review of such a change(s) in ownership.  In the event the Town Council reviews and, for good cause duly substantiated, objects to the change in ownership, it shall have the authority to revoke the franchise in accordance with the procedure set forth in the preceding paragraph.

 

This the 30th day of June, 2004.   (SECOND reading)

 

 

A RESOLUTION DEFERRING CONSIDERATION OF AN AMENDMENT TO THE 2000 LAND USE PLAN CONCERNING SCHOOL SITES (2004-06-30/R-14a)

 

WHEREAS, the Town Council is considering a request of the Chapel Hill-Carrboro Board of Education to designate additional sites on the Town’s 2000 Land Use Plan; and

 

WHEREAS, representatives of the American Legion property expressed concerns to the Town Council on June 14, 2004; and

 

WHEREAS, the Council desires to give the American Legion property representatives an opportunity to express their concerns to the Chapel Hill Board of Education;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby defers consideration of amending the Town’s 2000 Land Use Plan to designate and remove school sites on the Plan to the Council’s September 7, 2004 meeting.

 

This the 30th day of June, 2004.

 

 

A RESOLUTION APPROVING AN AMENDMENT TO THE TOWN’S 2000 LAND USE PLAN TO IDENTIFY POTENTIAL SCHOOL SITES (2004-06-30/R-14b)

 

WHEREAS, the Town of Chapel Hill Comprehensive Plan adopted by the Council on May 8, 2000, designates 5 potential school sites identified by the Chapel Hill - Carrboro Board of Education on the Land Use Plan; and

 

WHEREAS, on September 22, 2003, the Town Council adopted Sections 4.5.8 and 4.7.8, Reservation of School Sites, as modifications to the Land Use Management Ordinance which extends the scope of reservation for school sites by the Chapel Hill - Carrboro Board of Education to other forms of development requiring approval as Site Plans, Special Use Permits or Special Use Permit modifications;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the 2000 Land Use Plan as shown on Map 2 attached to materials presented to the Council at its June 30, 2004 meeting, to add sites to the Plan and delete sites from the Plan as requested by the Chapel Hill-Carrboro Board of Education as set out in the letter from the Chapel Hill – Carrboro City School System dated January 8, 2004.

 

BE IT FURTHER RESOLVED that the Council requests that the Town Manager forward the observations and comments received from Chapel Hill advisory boards to the Board of Education for information and consideration.

 

This the 30th day of June, 2004.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2004-06-30/O-7)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003, be and the same is hereby amended as follows:

 

This the 30th day of June, 2004.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-06-30/O-8a)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003, and the same is hereby amended as follows:

 

 

This the 30th day of June, 2004.

AN ORDINANCE TO AMEND THE CAPITAL GRANTS ORDINANCE FOR VARIOUS CAPITAL HOUSING PROJECTS (2004-06-30/O-8b)

 

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 capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:

 

SECTION I

 

The capital projects as authorized by the Town Council includes various housing capital projects funded from grants and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.

 

SECTION III

 

Revenues anticipated to be available to the Town to complete the project are hereby amended as follows: