A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2005-09-26/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: June 15, 20 (3 sets).

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

c.           Resolution Amending Council Calendar (R-3).

d.          Proposed Classification and Pay Changes (O-1).

e.           Regulated Materials Recycling Ordinance (R-5).

f.           Deleted.

g.          Amendment to Transportation Capital and Planning Project Ordinance (FY 2005 Sec. 5307, from partial funding to full) (O-2).

h.          Municipal Agreement Between Town and North Carolina Department of Transportation for Biennial Bridge Inspection (R-7).

i.            Acceptance of Child Safety Seat Grant (R-8, O-3).

j.            Acceptance of Project Turn Around Grants (R-9, R-10, O-4).

k.          Acceptance of 2005 Byrne Justice Assistant Grant (R-11, O-5).

l.            Privilege License Fee Ordinance (O-6).

m.        Resolution Calling a Public Hearing re: LUMO Amendment Historic District (R-12).

n.            Residential Appointment to the Streetscape Master Plan Review Committee (R-13).

 

This the 26th day of September, 2005.

 

 

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS BOARDS AND COMMITTEES (2005-09-26/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:

Housing and Community Development Advisory Board

Tanita Howard

Christy Kimbro

Ade MacGregor

Russell Paulsen

Karen Stegman

Inclusionary Zoning Task Force

Robert Dowling

Scott Radway

William Rohe

Carol Ann Zinn

Town Pay Plan Committee

James Huegerich

Robert Joyce

Will Quick

Alvin Ward

This the 26th day of September, 2005.

 


A RESOLUTION AMENDING THE COUNCIL’S 2005-2006 MEETING CALENDAR (2005-09-26/R-3)

 

BE IT RESOLVED by the Council for the Town of Chapel Hill that the Council hereby amends its 2005-2006 meeting calendar as follows:

 

The following meeting is deleted:

           

Wednesday, November 7, 2005, 7:00 p.m., Town Hall

 

The following meetings are added:

           

Wednesday, November 9, 2005, 7:00 p.m., Town Hall

Wednesday, October 12, 2005, 3:00 p.m., Chapel Hill Public Library

 

This the 26th day of September, 2005.

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN FOR EMPLOYEES OF THE TOWN OF CHAPEL HILL, SUCH AMENDMENT TO BE EFFECTIVE SEPTEMBER 27, 2005 (2005-09-26/O-1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Personnel Ordinance dated July 1, 2005, be hereby amended effective September 27, 2005:

 

Section III

 

The assignments of the following positions are changed as noted:

 

Present Title

New Title or other change

Number of Positions

Present

Grade

New

Grade

Police Officer I

Captain-Police

1

33

43

Beginning level of Maintenance Mechanic career progression series is shown as Mechanic Helper

Beginning level of Maintenance Mechanic career progression series is shown as Maintenance/Repair Worker

N/A

28

No change

Substance Abuse Counselor

Delete

1

33

N/A

Add one position

Alternative Sentencing Assistant

1

N/A

31

 

This the 26th day of September, 2005.

 

 

A RESOLUTION MAKING ORANGE COUNTY’S REGULATED MATERIALS ORDINANCE EFFECTIVE WITHIN THE LIMITS OF THE TOWN OF CHAPEL HILL (2005-09-26/R-5)

 

WHEREAS, Orange County passed the Regulated Recyclable Materials Ordinance (RMO) on December 11, 2001; and

 

WHEREAS, North Carolina General Statute 153A-122 permits the Town, by resolution, to apply any county ordinance within the Town; and

 

WHEREAS, adoption of this resolution would make the Orange County Regulated Materials Ordinance effective within the limits of Chapel Hill in Orange County;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Orange County Regulated Materials Ordinance hereby be made effective within the limits of the Town of Chapel Hill in Orange County.

 

This the 26th day of September, 2005.

 

AN ORDINANCE ESTABLISHING A PROJECT BUDGET FOR A TRANSPORTATION GRANT (2005-09-26/O-2)

 

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 grant projects are hereby established:

 

SECTION I

 

The Urban Area Formula Program (Section 5307) funds are from 2005 federal funds from an agreement with the Federal Transit Administration.

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration and the North Carolina Department of Transportation within the funds appropriated herein.

 


SECTION III

 

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

 

Urbanized Area Formula Program (Section 5307)

 

Federal Transit Administration

$545,785

N.C. Department of Transportation (NCDOT)

15,000

Town of Chapel Hill

121,446

Total

$682,231

 

SECTION IV

 

The following amounts are appropriated for the FY 2005 Section 5307 project:

 

Salaries - Full Time

55,736

FICA

4,264

M & R Vehicles

265,231

Software Licenses/Support Agreement

1,500

Misc. Contracted Services

70,000

Computer Small Equipment/Supplies

10,500

Capital Equipment

275,000

Total

682,231

 

This the 26th day of September, 2005.

 

 


AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2005” (2005-09-26/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, 2005” as duly adopted on June 27, 2005 and the same is hereby amended as follows:

 

ARTICLE I

 

 

 

 

 

 

Current

 

 

Revised

APPROPRIATIONS

Budget

Increase

Decrease

Budget

 

 

 

 

 

GRANTS FUND

618,023

1,710

 

619,733

 

 

 

 

 

ARTICLE II

 

 

 

 

 

 

Current

 

 

Revised

REVENUES

Budget

Increase

Decrease

Budget

 

 

 

 

 

GRANTS FUND

618,023

1,710

 

619,733

 

This the 26th day of September, 2005.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR INSPECTION OF TOWN BRIDGES (2005-09-26/R-7)

 

WHEREAS, the Town of Chapel Hill has requested the Department of Transportation to perform certain work under the Federal Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the reinspection and analysis of all public bridges on the Municipal Street System in the Town of Chapel Hill; and

 

WHEREAS, the Town of Chapel Hill proposes to enter into an agreement with the North Carolina Department of Transportation for said work wherein the Department of Transportation will reinspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with National Bridge Inspection Standards; and

 

WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80%) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and

 

WHEREAS, under the proposed agreement the Town of Chapel Hill shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Municipal Agreement between the Town of Chapel Hill and the North Carolina Department of Transportation for bridge inspections as described herein.

 

This is the 26th day of September 2005.

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE NORTH CAROLINA DEPARTMENT OF INSURANCE/OFFICE OF STATE FIRE MARSHAL AND THE NORTH CAROLINA GOVERNOR’S HIGHWAY SAFETY PROGRAM CONTRIBUTION (2005-09-26/R-8)

 

WHEREAS, the North Carolina Department of Insurance/Office of State Fire Marshal and the Governor’s Highway Safety Program has made funds available to purchase equipment and supplies for the Child Car Seat Checking Station at Fire Station 2 to continue our outreach to the community in educating them on child passenger safety during inclement weather and the summer season; and

 

WHEREAS, the Town’s award in the amount of $1,710 has been approved by the North Carolina Department of Insurance/Office of State Fire Marshal and the Governor’s Highway Safety Program;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to accept the aforementioned contribution and to make all necessary assurances.

 

This the 26th day of September, 2005.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2005” (2005-09-26/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, 2005” as duly adopted on June 27, 2005 and the same is hereby amended as follows:

 

ARTICLE I

 

 

 

 

 

 

Current

 

 

Revised

APPROPRIATIONS

Budget

Increase

Decrease

Budget

 

 

 

 

 

GRANTS FUND

618,023

1,710

 

619,733

 

 

 

 

 

ARTICLE II

 

 

 

 

 

 

Current

 

 

Revised

REVENUES

Budget

Increase

Decrease

Budget

 

 

 

 

 

GRANTS FUND

618,023

1,710

 

619,733

 

This the 26th day of September, 2005.

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE ORANGE-CHATHAM JUSTICE PARTNERSHIP GRANTS AND THE TOWN OF CARRBORO GRANT (2005-09-26/R-9)

 

WHEREAS, Orange-Chatham Justice Partnership (OCJP) and Town of Carrboro have made funds available to enhance the quality of law enforcement services provided to local communities; and

 

WHEREAS, the Town’s grants in the amounts of $44,424 from Orange County, $48,254, $43,546, $22,752 and $6,500 from OCJP and $1,000 from Town of Carrboro have been approved by the respective funding agencies; and

 

WHEREAS, these grant funds would be used to provide comprehensive case management services for juvenile and repeat adult offenders;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to accept the aforementioned grant and to make all necessary assurances.

 

This, the 26th day of September, 2005.

 

A RESOLUTION AUTHORIZING THE AMENDMENT OF THE FY 2005-06 PERSONNEL CLASSIFICATION ORDINANCE TO ADD A FULL-TIME JUVENILE CASE MANAGER (05-09-26/R-10)

 

WHEREAS, Orange-Chatham Justice Partnership (OCJP) and the Town of Carrboro have made funds available to enhance the quality of law enforcement services provided to local communities; and

 

WHEREAS, the Town’s awards in the amounts of $43,546 from OCJP and $1,000 from the Town of Carrboro have been approved by the respective funding agencies to provide additional staffing to serve the juvenile population; and

 

WHEREAS, the number of juveniles served by Project Turn Around has increased to 52 in the past year; and

 

WHEREAS, these grant funds would be used to hire a full-time Juvenile Case Manager to provide comprehensive case management services for juvenile offenders;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to amend the Personnel Ordinance for FY 2005-06 to add a full-time Juvenile Case Manager position.

 

This, the 26th day of September 2005.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2005” (2005-09-26/O-4)

 

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, 2005” and duly adopted on June 27, 2005 and the same is herby amended as follows:

 

ARTICLE I

 

                                                Current                                                            Revised

APPROPRIATIONS             Budget                        Increase           Decrease          Budget                       

 

GRANTS FUND                    619,733           166,476                                   786,209

 

 

                                                            ARTICLE II

 

                                                Current                                                            Revised

REVENUES                           Budget                        Increase           Decrease          Budget______

 

GRANTS FUND

Adult Turn Around Grant         0                 67,176                                     67,176

Juvenile Turn Around Grant      0                 99,300                                     99,300

 

This the 26th day of September, 2005.

 

A RESOLUTION SCHEDULING A PUBLIC HEARING TO AMEND THE LAND USE MANAGEMENT ORDINANCE REGARDING CERTIFICATES OF APPROPRIATENESS (2005-09-26/R-11)

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a Public Hearing for November 14, 2005 for the purpose of considering amending Chapel Hill’s Land Use Management Ordinance provisions regarding Certificate of Appropriateness approval required in public rights-of-way.

 

This the 26th day of September, 2005.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2005” (2005-09-26/O-5)

 

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, 2005” as duly adopted on June 27, 2005 and the same is hereby amended as follows:

 

ARTICLE I

 

 

 

 

 

 

Current

 

 

Revised

APPROPRIATIONS

Budget

Increase

Decrease

Budget

 

 

 

 

 

GRANTS FUND

768,821

40,577

 

809,398

 

 

 

 

 

 

 

 

 

 

ARTICLE II

 

 

 

 

 

 

Current

 

 

Revised

REVENUES

Budget

Increase

Decrease

Budget

 

 

 

 

 

GRANTS FUND

768,821

40,577

 

809,398

This the 26th day of September, 2005.

 


AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES CONCERNING PRIVILEGE LICENSE FEES BASED ON GROSS RECEIPTS (2005-09-26/O-6)

 

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

 

Section 1. Section 10-5.1 of the Town Code is hereby amended to read as follows:

 

“Sec. 10-5.1. Schedule A businesses.

 

(a)  The following are types of businesses that are exempted from paying town privilege licenses taxes by the North Carolina General Statutes:”

 

Section 2. Section 10-5.4 of the Town Code is hereby amended to read as follows:

 

“Sec. 10-5.4. Schedule D businesses.

 

All businesses not specifically listed in Schedules A, B, or C of this section will fall under the miscellaneous category of Schedule D. The rate for the privilege license tax for any Schedule D business will be based on the gross receipts of the business. The privilege license tax for a particular Schedule D business is based on the following table:

 

Gross receipts

Charge Amount

$0-25,000.00

$25.00

$25,000.01—50,000.00

$50.00

$50,0001.01--10075,000.00

$75.00

$75,000.01—100,000.00

$100.00

$100,000.01—5300,000.00

$10250.00

$5300,000.01—1,0500,000.00

$125500.00

$1,000,000.01-$2,000,000

$150.00

$2,000,000.01-$3,000,000

$225.00

over $3,0500,000

$30750.00

                                                                                                                     “


Section 3. This ordinance shall be effective July 1, 2005.

The Finance Department is hereby authorized to make refunds on payments made before the ordinance revisions were established.

This the 26th day of September, 2005.

 

A RESOLUTION SCHEDULING A PUBLIC HEARING TO AMEND THE LAND USE MANAGEMENT ORDINANCE REGARDING CERTIFICATES OF APPROPRIATENESS (2005-09-26/R-12)

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a Public Hearing for November 14, 2005 for the purpose of considering amending Chapel Hill’s Land Use Management Ordinance provisions regarding Certificate of Appropriateness approval required in public rights-of-way.

 

This the 26th day of September, 2005.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO ADVERTISE FOR A volunteer to represent residents of the downtown area on the Streetscape Master Plan Review Committee (2005-09-26/R-13)

 

WHEREAS, the Town Council has authorized establishment of a Streetscape Master Plan Review Committee; and

 

WHEREAS, the Planning Board submitted a petition to the Town Council to recommend including downtown residential representation on the Streetscape Master Plan Review Committee; and

 

WHEREAS, it is the desire of the Town Council to include input from all interested citizens, including those who reside downtown;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to advertise for a volunteer to represent residents of the downtown area on the Streetscape Master Plan Review Committee.

 

This the 26th day of September, 2005.