MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, TUESDAY, MARCH 6, 1990, 7:30 P.M.

Mayor Howes called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, James C. Wallace, Arthur Werner and Roosevelt Wilkerson.

Also in attendance were Assistant to the Mayor Lisa Price, Interim Town Manager Sonna Loewenthal, Assistant Town Manager Florentine Miller, Public Safety Director Cal Horton, Planning Director Roger Waldon, Assistant to the Attorney Richard Sharpless, and Town Attorney Ralph Karpinos.

Mayor Howes noted that the Council was meeting during the first week of the month due to the University's upcoming spring break.

Petitions

Tina Clements, representing the United States Census Bureau's Raleigh District Office, said that census questionnaires would be mailed to residents of Orange County on March 23rd. Ms. Clements noted that questionnaires were due on April 1st. Ms. Clements stated that the Census Bureau was seeking approximately five hundred workers in Orange County to assist with enumeration and related tasks. Ms. Clements indicated that work hours were flexible, between twenty and forty hours per week, with an hourly rate of $6.50 and twenty‑four cents per mile for personal automobile usage. Ms. Clements said that applicants needed to take a thirty‑minute written test. Ms. Clements concluded her remarks by noting that the majority of workers would be needed after April 1st.

Mayor Howes stated that participation in the census process was the responsible civic duty of all citizens. Mayor Howes stressed the importance of having an accurate population count.

Council Member Rimer inquired about the minimum age for census workers. Ms. Clements responded that workers could be sixteen or seventeen years old, if they had a work permit.

Council Member Preston noted that approximately thirty Town residents had applied to serve on the Landfill Search Committee. Council Member Preston said that ten appointments had occurred to date, with seven members from individual townships and three at-large appointments. Council Member Preston briefly reviewed the names and occupations of the appointees to date, noting that the group was representative of the County as a whole. Council Member Preston noted that a total of fifty-three applicants had been received for membership on the committee.

Council Member Herzenberg noted that Council Member Wilkerson and himself had attended the induction ceremony of Howard Lee earlier in the day.

Minutes of February 12, 1990

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO Adopt THE MINUTES OF FEBRUARY 12, 1990. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Preliminary Budget Report

Ms. Loewenthal noted that the Town's budget process is almost a year‑round process. Ms. Loewenthal said she was providing her best estimates of projected revenues and expenditures to the Council this evening. Ms. Loewenthal stated that preliminary estimates projected a $1 million potential shortfall in the General Fund. Ms. Loewenthal noted that a public hearing would be held on April 2nd, at which Town residents could comment on the proposed budget. Ms. Loewenthal stated that the Manager's recommended budget would be presented on April 23rd, followed by Council budget work sessions on May 10 and 15.

Ms. Loewenthal stated that expenditures of $20.8 million and revenues of $19.8 million were projected for 1990‑91. Ms. Loewenthal reviewed the sources of the projected shortfall, including: increased landfill tip fees, higher debt service costs, capital equipment and vehicle replacement, increased insurance costs, the paving of Dixie Drive, and the addition of a traffic engineer position. Ms. Loewenthal said that a budget with estimated expenditures of $20.8 million would provide:

$150,000 for new low‑income housing initiatives

Continued funding of $500,000 for small capital improvements

Continued funding of new debt service costs of 1986 General Obligation bonds

Funding of debt service costs for 1989 parks and open space bonds

Adequate funding for replacement of capital equipment and vehicles

Street maintenance, resurfacing and reconstruction programs at levels similar to 1989-90

Continued increased sanitation services and right-of-way maintenance in the downtown area

Continuation of experimental mosquito control program

Funding for additional maintenance and utility costs of new Town Hall and community shelter

Maintenance of competitive wages and benefits for employees

Maintenance of adequate fund balance in General Fund

Provision of an $80,000 contingency appropriation

Ms. Loewenthal noted that major items not included in her preliminary budget estimate were as follows:

Any additional personnel other than Traffic Engineer

Funding for new personnel and equipment for 15‑501 Bypass maintenance

Implementation of 1988 street lighting plan

Any significant expansion in downtown service levels

Cost of providing commercial sanitation service on holidays, except when two holidays occur in the same week

Additional debt service costs in future years for balance of approved Parks and Open Space bonds or proposed additional 1990 bonds.

Ms. Loewenthal noted a property tax increase would possibly be needed to balance the projected $1 million budget gap. Ms. Loewenthal said that alternatively, services and programs could be reduced, or a combination of reduced service levels and higher tax rates could be implemented.

Ms. Loewenthal stated that a $330,000 shortfall was projected for the Town's Transportation Fund in fiscal year 1990‑1991. She noted that this shortfall could be offset by raising the Transportation tax by three cents, reducing service levels, or by increasing fares and the cost of bus passes. Ms. Loewenthal noted that the proposed cross-Town loop bus route was not included in her preliminary budget estimate. She noted that such a route would cost approximately $150,000 per year to operate.

Ms. Loewenthal stated that increased funding would be needed for landfill operations due to new federal and State regulations. Ms. Loewenthal said that a tip fee of $21 per ton was proposed for 1990‑91. She noted that volumes were down in part due to greater recycling efforts in the community.

Mayor Howes noted that the Town's proposed 1990‑1991 budget was in development. Mayor Howes said that the Council would seek public input at a public forum on April 2. Mayor Howes added that the Manager's recommended budget would be presented to the Council on April 23, followed by a public hearing on May 7, and Council work sessions on the budget on May 10 and 15. Council Member Preston inquired whether it would be possible to change the May 10 work session to May 8. Mayor Howes said that Lisa Price would examine possible alternative dates for the first work session.

Council Member Andresen said she would find it helpful to have a chart denoting projected debt service payment costs over the next five years. Council Member Andresen also requested a report on the health of the Town's fund balance and estimated costs of items not funded in the 1990‑1991 preliminary budget.

Council Member Werner requested a summary of current operating budget expenditures attributable to previous bond issues. Council Member Werner also suggested that current transit routes could be evaluated for ridership, with possible reconfiguration into a cross‑Town loop route. Council Member Werner noted that Federal government funding for mass transit was decreasing rapidly. Council Member Werner suggested that the staff examine the ramifications of this action over the long term.

Council Member Wilkerson requested information comparing the costs of roll-out versus backyard refuse collection. Council Member Wilkerson also inquired what potential cost savings would be if the Town administered its own recycling program. Council Member Wilkerson also requested information concerning commercial and mandatory recycling, and forecasted Town health insurance costs over the next three to five years.

Council Member Brown requested that the staff investigate the possibility of instituting user fees by volume at the point of collection. Council Member Brown also requested information contrasting the costs of once versus twice per week refuse pickup.

Council Member Rimer inquired about the possibility of privatizing landfill operations. Council Member Rimer indicated that he would speak to Mr. Heflin about this idea in the near future.

Council Member Preston inquired about the possible impact of the census on the budget. Council Member Preston inquired when the new (1990) figures would be available. Ms. Loewenthal noted that Town budget estimates were tied to population estimates provided by the State of North Carolina. Ms. Loewenthal noted that 1990 Census figures would not be finalized until late 1990, and would not be ready for general use until mid‑1991.

Council Member Wilkerson requested future projections of Powell Bill revenue estimates.

Preliminary Capital Improvement Program

Ms. Miller said that the guidance of the Council, Town advisory boards and commissions, and citizens was being sought in the development of the preliminary 1990‑1995 capital improvement program. Ms. Miller noted that a public forum on the proposed program would be held on April 2 and a public hearing would be held on May 7.

Ms. Miller said the preliminary program forecast the need for expenditures of $63 million over the next five years. Ms. Miller noted that a $13.6 million bond referendum for library, parks and transportation improvements was included in the schedule for November, 1990. Ms. Miller provided an overview of proposed projects in five program categories: environment, public safety, leisure, transportation, and municipal improvements. Ms. Miller showed a summary chart encapsulating projected costs and funding sources for the 1990‑1995 preliminary Capital Improvements Program.

Council Member Rimer expressed concern that the amount allocated for stormwater drainage and management appeared to be very small. Council Member Rimer requested a rough estimate of total resources needed for drainage improvements. Ms. Miller noted that stormwater drainage and management would indeed require major expenditures in the future. Ms. Miller said that the staff could prepare estimated future costs. Council Member Werner stated that the $100,000 allocated for stormwater drainage would be used to take an inventory of needs.

Council Member Preston noted that the proposed November bond referendum anticipated the inclusion of some sidewalk construction projects. Council Member Preston inquired about the possibility of reassigning funds for street resurfacing to the construction of sidewalks. Ms. Loewenthal said she agreed that sidewalks are a vital item for neighborhood residents. Ms. Loewenthal noted that the overlaying of streets is much less expensive than rebuilding of streets.

Council Member Preston inquired whether all current year funds for street resurfacing had been spent. Ms. Loewenthal indicated that all these funds would be expended by the end of the year. Council Member Werner inquired about the possibility of reallocating funds for new roads to the construction of new sidewalks.

Mayor Howes noted that the bulk of the $50 million budget for roadways was State funding. Mayor Howes noted that funds allocated for roadways have to be used for that purpose. Council Member Andresen said she did not want to see the Town's road paving program fall behind, nor did she want to see the construction of sidewalks remain a low priority item. Council Member Andresen proposed using funds from the small capital improvement program for the construction of sidewalks in future years.

Ms. Miller reviewed the capital reserve "pay‑as‑you‑go" capital improvement program, noting that $500,000 of these funds would be used for the Town Hall expansion project. Council Member Wallace noted that possible proposed increases in the property tax rate for the budget, Capital Improvements Program and additional bonds might surprise some citizens. Council Member Wallace noted that Town funds had generally been well spent in the past. Council Member Werner observed that this year's preliminary Capital Improvement Program presentation had been much easier to follow than in previous years. Mayor Howes acknowledged that this was the case.

University Village Soecial Use Permit Modification

Mr. Waldon noted that the Council had held a public hearing on the applicant's requested modification on February 19, 1990. Mr. Waldon said that a one‑year extension to the project construction starting date of March 27, 1990 was being requested. Mr. Waldon stated that the staff recommended approval of the applicant's request.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Council Member Brown requested that the Council's vote on the matter be delayed for several weeks, to permit greater study of the project. Mayor Howes said that a minor modification of the special use permit was being requested. Mayor Howes added that there had been an opportunity for questions to be raised at the February 19th hearing.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 1A. THE MOTION WAS ADOPTED 8‑1, WITH COUNCIL MEMBER WALLACE VOTING NO.

A RESOLUTION APPROVING APPLICATION FOR MODIFICATION OF THE UNIVERSITY VILLAGE SPECIAL USE PERMIT (90-3-6/R-1a)

WHEREAS, the Council approved a Special Use Permit for University Village on March 27, 1989; and

WHEREAS, the property owner, University Inn Associates has requested that condition #1 of the Special Use Permit be changed to extend the required starting time and completion time limit one year; and

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a modification of the March 27, 1989 Special Use Permit as follows:

Change Condition #1 from:

"That construction begin by March 27, 1990 and be completed by March 27, 1992."

to:

"That construction begin by March 27, 1991 and be completed by March 27, 1993."

This the 6th day of March, 1990.

Commercial Subdivision Development Ordinance Text Amendment

Mr. Waldon said that a public hearing was held on February 19th to consider a proposed text amendment to the development ordinance. Mr. Waldon said the amendment would permit greater flexibility in the ownership of property through commercial subdivisions. Council Member Andresen inquired whether the terms of original special use permits would remain in place following adoption of the text amendment. Mr. Waldon said this was correct. Council Member Andresen inquired whether there were any disadvantages relative to the proposed text amendment. Mr. Waldon said that greater complexity of ownership might pose some problems in the future. Council Member Andresen asked about benefits of the proposed amendment. Mr. Waldon said it would offer a greater degree of flexibility. Mr. Waldon stated that potential advantages outweighed disadvantages.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE (90-3-6/O-1)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to allow a Commercial Subdivision in particular situations with specific restrictions, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED that the Chapel Hill Development Ordinance shall be amended as follows:

SECTION I

INSERT a new subsection 2.28.1, to read as follows:

2.45.1 Commercial Subdivision: The subdivision of a development on a zoning lot that consists of uses from Use Group B and/or Use Group c of the Schedule of Use Regulations. Such a subdivision would create two (2) or more individual lots plus land developed and designated for the common use and benefit of the occupants/owners of the individual commercial subdivision lots, provided:

1) That an entity is designated to be legally responsible for maintenance and control of the common land areas;

2) That the Special Use Permit Approval or Site Plan Approval which encumbers the entire zoning lot be recorded at the Orange or Durham County Register of Deeds Office, whichever is appropriate;

3) That an application for any change to a Special Use Permit Approval or Site Plan Approval shall require that the application be signed by all property owners of the zoning lot for which the Special Use Permit or Site Plan Approval applies;

4) That a Zoning Compliance Permit shall be issued and valid for the development prior to application for commercial subdivision;

5) That all parking area, drive aisles, and required open Space shall be the common land area; and

6) The individual lots within a commercial subdivision shall not be required to meet the lot design standards of Article 17 or the intensities regulations of Article 13, provided the zoning lot containing the commercial subdivision meets such standards.

SECTION II

AMEND the first paragraph of Section 17.4(a) to read as follows:

a) Minor subdivision ‑ a subdivision pursuant to an approved Zoning Compliance Permit for a two‑family or multi‑family townhouse development, an approved Special Use Permit for a planned development, or an approved commercial subdivision, or a subdivision that does not:

SECTION III

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 6th day of March, 1990.

Minority and Female‑Owned Business Participation in Construction Contracts

Assistant to the Manager Greg Feller said that there were two resolutions before the Council this evening for consideration. Mr. Feller said the first resolution set a ten percent verifiable percentage goal for minority and female participation in Town construction projects. Mr. Feller, noting that there was a limited statistical basis for the recommendation, said that the staff would make a follow‑up report on the goal in one year. Mr. Feller said the second resolution would authorize the staff to report to the Council in the spring concerning other similar participation programs and possible introduction of additional policies to encourage minority and female participation in Town contracting and purchasing.

Council Member Werner inquired whether State law only addressed bid and contract provisions for contracts over $100,000. Mr. Feller said this was correct. Mr. Karpinos noted that Towns are required to make good faith efforts to include minority and female‑owned businesses in contracts over $100,000. Council Member Werner inquired whether criteria for responsiveness could be set. Mr. Karpinos said such criteria could be used as the basis for determining non‑responsiveness if good faith efforts had not been made. Council Member Rimer inquired whether a checklist would be composed to assure criteria were being met. Mr. Karpinos said yes, noting that steps for a good faith effort would be outlined by the Purchasing Agent.

Council Member Herzenberg noted that many minority and female-owned businesses are relatively small. Council Member Herzenberg inquired whether it was possible to include quality of performance as one of the criteria. Mr. Feller said that experience resumes could be worked into the process.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION TO ESTABLISH A VERIFIABLE PERCENTAGE GOAL FOR PARTICIPATION BY MINORITY BUSINESSES IN THE AWARDING OF BUILDING CONSTRUCTION CONTRACTS AWARDED PURSUANT TO N.C.G.S. 143‑128 (90‑3‑6/R‑2)

WHEREAS, the North Carolina General Assembly enacted Chapter 480 and Section 74.17 of Chapter 770 of the 1989 Session Laws, there‑

by rewriting North Carolina General Statute 143‑128; and

WHEREAS, N.C.G.S. 143‑128(c) requires each city, county or other public body to adopt, after notice and a public hearing, an appropriate verifiable percentage goal‑for participation by minority businesses (as defined in that statute) in the total value of work for building contracts the costs of which exceed one hundred thousand dollars ($100,000) and which are awarded pursuant to ' N.C.G.S. 143‑128; and

WHEREAS, N.C.G.S. 143‑128(c) (3) requires an authority awarding a building contract the cost of which exceeds one hundred thousand dollars ($100,000) under a separate prime or separate specification contract system to adopt written guidelines specifying actions that will be taken by the awarding authority to ensure a good faith effort in the recruitment and selection of minority businesses for building contracts awarded under the separate prime or separate specification contract systems; and

WHEREAS, N.C.G.S. 143‑128(c) (4) requires an authority awarding a building contract the cost of which exceeds one hundred thousand dollars ($100,000) under a single‑prime contract system to adopt written guidelines specifying the action that the prime contractor must take to ensure a good faith effort in the recruitment and selection of minority businesses for building contracts awarded under the single prime contract system; and requires that action by the prime contractor must be documented in writing by the contractor to the appropriate awarding authority; and

WHEREAS, N.C.G.S. 143‑128(b) requires that a public body choosing to use a single‑prime contract system must also seek bids for a building contract the cost of which exceeds one hundred thousand dollars ($100,000) under a separate prime or separate specification contract system and must award such building contract to the lowest responsible bidder(s) for the total project; and

WHEREAS, N.C.G.S. 143‑128(d) requires the state and its political subdivisions to award public building contracts the costs of which exceeds one hundred thousand dollars ($100,000) without regard to race, religion, color, creed, national origin, sex, age or handicapping condition; and

WHEREAS, notice of the public hearing was duly published in The Chapel Hill Newspaper on January 31 and February 7, 1990, and the public hearing required by N.C.G.S. 143‑128(c) was held on February 19, 1990;

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

1. That the Town of Chapel Hill shall have a verifiable goal of 10 percent (10%) for participation by minority businesses in building construction contracts awarded to N.C.G.S. 143‑128.

2. That the Purchasing Agent will be responsible for advertising such contracts and shall compile a list of minority businesses within the bidding area, using information obtained from the North Carolina Department of Economic and Community Development, Minority Business Development Agency, Association of Minority Businesses, Orange County, or from other institutions or agencies providing such information.

This list shall be updated on a semi‑annual basis and shall be open for inspection and shall be available so that minority businesses will have the opportunity to add their names to the list. Copies of this resolution shall be transmitted to the businesses on the list as soon as practicable along with the name of the purchasing agent, who shall serve as the contact person for minority businesses and be responsible for answering project related questions posed by minority businesses.

3. That for each such building contract put out for bids under the separate specification or the single prime contract systems, notice of the contract shall be transmitted to minority businesses on the above‑mentioned list.

4. That for each such building contract put out for bids under the separate specification or single prime contract system, documents related to the contract shall be available for inspection at a convenient and accessible location of which minority businesses shall receive notice.

5. That for each such building contract put out for bids under the separate specification or single prime contract systems, the purchasing agent shall hold a pre‑bid conference to orient contractors and sub‑contractors to the policy expressed in this resolution as well as bid procedures and regulations. Minority businesses on the list obtained and maintained as provided herein shall be notified of and invited to these pre‑bid conferences.

6. That for each such building contract put out for bids under the separate specification or single prime contract system, published notice of the contract shall include a summary of this resolution.

7. That for any such building contract put out for bids under the separate specification contract system, the purchasing agent shall maintain records with respect to:

(a) those contractors or subcontractors notified of the project and the number of these contractors and subcontractors that are minority businesses as defined in N.C.G.S, 143‑128 appearing on the list of minority businesses maintained pursuant to paragraph 2 herein;

(b) those contractors or subcontractors that bid or otherwise respond to notice of the project and the number of these that are on the maintained list of minority businesses;

(c) those contractors or subcontractors awarded contracts as part of the project and the number and identity of those that are on the maintained list of minority businesses, and

(d) the percentage of work on the project that is to be performed by minority businesses appearing on the list maintained pursuant to this resolution.

8. That for any such building contract put out for bids under the single prime contract system, the single prime contractor shall:

(a) notify those minority businesses appearing on the list of minority businesses, maintained by the purchasing agent, of the portion of the project which will be subcontracted by the single contractor and solicit bids from those minority businesses.

(b) submit with his/her bid records with respect to:

1) those subcontractors notified of the project and of those elements of the project for which subcontracts will be let and the number of these subcontractors that are minority businesses as defined is G.S. 143‑128 appearing on the list of minority businesses maintained by the purchasing agent;

2) those subcontractors that bid or otherwise respond to notice of the project and the number of these that are on the maintained list of minority businesses; and

3) those subcontractors awarded contracts as part of the project and the number and identity of those that are on the maintained list of minority businesses; and

4) the percentage of work on the project that is to be performed by minority businesses appearing on the list maintained pursuant to this resolution.

9. That these policies shall be a part of the request for proposals for any such contract, and noncompliance by any single prime bidder shall be grounds for declaring the bid non‑responsive.

This the 6th day of March, 1990.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION AUTHORIZING THE MANAGER TO REPORT TO THE COUNCIL ON OPTIONS FOR ADOPTION OF A PROGRAM TO ENCOURAGE MINORITY AND WOMEN‑OWNED BUSINESSES TO PARTICIPATE IN TOWN PURCHASING AND CONTRACTING (90‑3‑6/R‑3)

WHEREAS, the Town of Chapel Hill desires to consider adoption of

a program to encourage minorities and women to participate in

town contracting and purchasing programs;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is hereby authorized to prepare a report on alternatives for adoption of such a program this spring after discussions with representatives of the Association of Minority Businesses and review of programs in Winston-Salem and Durham.

This the 6th day of March, 1990.

Resource Conservation District Regulations

Ms. Loewenthal said that her recommendation on this matter had changed since the last time the Council had discussed this matter. Ms. Loewenthal said she recommended that the Council authorize a public hearing at an unspecified date in the future to consider possible changes to resource conservation district regulations. Ms. Loewenthal stated that the staff had not developed language to address the variety of situations to be addressed.

MAYOR HOWES NOTED THAT RESOLUTION 4 HAD BEEN CARRIED OVER FROM THE COUNCIL'S FEBRUARY 26TH MEETING AND WAS ON THE FLOOR FOR A VOTE. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING THE DEVELOPMENT ORDINANCE TO ADDRESS THE QUESTION OF THE APPLICATION OF RESOURCE CONSERVATION DISTRICT REGULATIONS TO DEVELOPMENT WHICH COMES WITHIN THE RCD AS A RESULT OF A SHIFTING OF THE RCD BOUNDARIES (90‑3‑6/R‑4)

BE IT RESOLVED that the Council of the Town of Chapel Hill calls a public hearing at a date to be determined by the Manager to consider amending the Development Ordinance to address the question of the application of Resource Conservation District Regulations to development which comes within the RCD as a result of a shifting of the RCD boundaries.

BE IT FURTHER RESOLVED that this matter be referred to the staff for preparation of an ordinance amendment or amendments to address this issue.

BE IT FURTHER RESOLVED that following preparation of a staff report and recommendation this matter is referred to the Planning Board for its recommendation.

BE IT FURTHER RESOLVED that the Manager is authorized to set this matter on the Council's public hearing calendar to be considered following receipt of the recommendation of the Planning Board.

This the 6th day of March, 1990.

Greenways Report

Parks and Recreation Director Mike Loveman said that the Greenways Commission had determined that the 1986 Greenways Report required updating. Mr. Loveman reviewed key points of the Greenways Commission finding, noting the need for the identification of the Town's greenway resources.

Council Member Herzenberg inquired about greenways in the Morgan Creek area. Mr. Loveman responded that much of the Morgan Creek area is too sensitive for intense pedestrian activity.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 5. THE MOTION WAS Adopted UNANIMOUSLY (9‑0).

A RESOLUTION REGARDING REVISION OF THE 1985 GREENWAYS REPORT (90‑3‑6/R‑5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to prepare proposed revisions to the 1985 Greenways Report for consideration by the citizens, boards, and the Town Council.

This the 6th day of March, 1990.

Appointment to Parks and Recreation Commission

Mayor Howes noted that the Parks and Recreation Commission had recommended the appointment of Dorothy Cansler or Sherry Anscher to the Parks and Recreation Commission. Mayor Howes added that Ms. Cansler had expressed a desire to serve on the community with the Sister City program. In light of this desire, Mayor Howes suggested that Ms. Anscher might be appointed to the Parks and Recreation Commission.

SHERRY ANSCHER WAS UNANIMOUSLY APPOINTED TO THE PARKS AND RECREATION COMMISSION.

Triangle Toll‑Free Calling Program

Mr. Feller noted that both Southern Bell and GTE serve the Chapel Hill area. Mr. Feller noted that the North Carolina Public Utility Commission would make the final decision concerning a triangle‑wide calling program for Southern Bell and GTE. Mr. Feller said that GTE customers would pay ninety‑nine cents per month for triangle‑wide calling (not including Wake County and Raleigh) and Southern Bell customers would pay an additional $4.65 for triangle‑wide service. Mr. Feller said that since the average customer makes $14 per month of toll calls, the proposed flat rate would be cheaper for most customers. Mr. Feller said that Orange and Wake counties had passed resolutions supporting triangle toll‑free calling, while the cities of Raleigh and Durham would consider the mater in the near future. Council Member Andresen inquired what the flat rate would cover. Mr. Feller briefly reviewed the proposal.

Council Member Rimer said that Dick Helwig had devoted a tremendous amount of effort into getting triangle-wide toll-free calling. Council Member Rimer said he wanted to publicly recognize Mr. Helwig for his efforts.

Mark Collins, Southern Bell Public Affairs Manager, noted his firm's active commitment to economic development. Mr. Collins said Southern Bell had developed a variety of optional telephone plans for residential and commercial customers. Mr. Collins said that local telephone service is currently subsidized at the rate of forty‑five cents per dollar. Mr. Collins stated that of thirteen exchanges studied, the vast majority of calls from Chapel Hill were being made to two (Durham and Raleigh). Mr. Collins said the introduction of flat‑rate triangle toll‑free calling could add a burden to those not making calls in this area. Mr. Collins noted that the proposed flat rates for GTE and Southern Bell had only been approved by the utility commission public staff and Triangle J Council of Governments to date.

Council Member Werner noted that over 72% of Town residents call Durham and 55% call Raleigh in a typical month. Mr. Collins said this was correct, noting that these two exchanges were part of the proposed Southern Bell calling package.

Council Member Wallace noted that it was very likely that the triangle would have toll‑free telephone calling in the near future. Mr. Collins noted that the Triad area of the state (Winston‑Salem, Greensboro, High Point) has toll‑free calling, but many people do not fully utilize the service. Council Member Wallace noted the difficulty of tailoring a rate base for the needs of all consumers.

Mr. Helwig said Triangle J was seeking the support of local government bodies for the concept of triangle toll‑free calling. Council Member Andresen expressed concern about persons on fixed incomes. Mr. Helwig said that Triangle J had similar concerns. He noted that rates had been examined to make sure that the needs of all customers would be best served. Mr. Helwig noted that twenty‑two hours of public hearings would be held on the proposal.

Council Member Wilkerson said lost revenues appeared to be the main concern of telephone providers. Council Member Wilkerson said he would vote in favor of the resolution. Mr. Helwig said that Town residents carried a heavy burden under the current telephone rate structure.

Mayor Howes said that the idea of triangle toll-free calling was long overdue. Mayor Howes stated that since the telephone companies had not chosen to act, individual government bodies needed to move forward on this matter. Mayor Howes expressed concern about the impact of rates on fixed-income residents. Council Member Wallace said fixed and low-income residents might currently forego local telephone use. Council Member Wallace said the establishment of an established rate might result in certainty and greater use for fixed‑income residents.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION REGARDING UNIVERSAL FLAT RATE TOLL FREE TELEPHONE SERVICE (90‑3‑6/R‑6)

WHEREAS, the Triangle J Council of Governments in August of 1987, following a year of study and meetings, passed a resolution calling for the North Carolina Utilities Commission to implement a unified metropolitan local telephone service for Durham, Wake and Orange Counties within a year, and to study the feasibility and means by which the surrounding communities may join this network; and

WHEREAS, the North Carolina Utilities Commission elected to pursue an in depth analysis by the Public Staff and permitted the local phone companies to run eighteen‑month experimental plans (through September, 1990); and

WHEREAS, the cost figures from the local phone companies that have been analyzed and renegotiated by the Public Staff appear to be reasonable except in the case of General Telephone of the South; and

WHEREAS, a high cost would accrue to Durham County (GTE) rate payers for the three‑county, flat rate, toll‑free local telephone service; and

WHEREAS, numerous residents in the GTE service area in the Town of Chapel Hill have strongly expressed to the Town their disappointment with the present system of tolls for calling Southern Bell exchanges in the Chapel Hill area;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council reaffirms its support for two‑way, 1st rate universal service for the fifteen Triangle exchanges under consideration, and supports the Public Staff's rate recommendations for the full Triangle J plan, except to set rates for GTE such that GTE subscribers pay no more for service than would their neighbors in exchanges served by other companies.

BE IT FURTHER RESOLVED that if the Commission is unable to set such proper and affordable rates for GTE subscribers, then alternatively, the Council endorses a two-phased approach to achieving the goal of toll-free calling for the metropolitan area of the Triangle:

Phase I Effort:

1. Extends RTP/RDU toll‑free calling throughout the 15 exchanges originally requested be joined (Wake, Durham, Orange, Pittsboro, Clayton and Creedmoor);

2. Provides County‑wide extended area service for Wake and Orange Counties (Durham County already has this);

3. Joins most of Orange County to Durham County (including Pittsboro and Creedmoor);

4. Also joins the same portion of Orange County to all of Wake County.

Phase II will focus on joining Durham County as well as Creedmoor and Pittsboro exchanges to all Wake County exchanges, i.e., everything not approved by the North Carolina Utilities Commission in Phase I.

BE IT FURTHER RESOLVED that the Council requests the North Carolina Utilities Commission to proceed with all due speed.

This the 6th day of March, 1990.

Public Transportation Funding

Transportation Director Bob Godding said the resolution before the Council would support increased State funding for public transportation.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION SUPPORTING IMPLEMENTATION OF A STATE FINANCIAL ASSISTANCE PROGRAM FOR PUBLIC TRANSPORTATION (90‑3‑6/R‑7)

WHEREAS, the Town of Chapel Hill and Carrboro have an active and viable public transit system, which is an integral part of the local transportation network, and which the community widely supports; and

WHEREAS, public transportation is recognized as a major component in reducing traffic congestion, controlling pollution, reducing the Nation's dependence on foreign oil supplies, and providing increased mobility to citizens of all ages; and

WHEREAS, Chapel Hill, Carrboro, and other municipalities and counties across the State of North Carolina have taken advantage of available federal assistance to develop their public transportation systems and have developed plans which anticipate the availability of these resources to meet future transportation needs; and

WHEREAS, the forecast is that future federal assistance is inadequate to support North Carolina's growing public transportation needs; and

WHEREAS, to date, the State of North Carolina has participated in supporting only a small portion of the cost associated with the provision of these transportation services in comparison to the commitment made locally and through the federal grant programs; and

WHEREAS, the General Assembly of North Carolina has convened special Legislative Review Commissions to examine Public Transportation financing in North Carolina;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council fully endorses the concept of a dedicated source of State funding for existing and future public transportation services across the State. The Town requests that our State Legislative Delegation support the efforts to develop such a program.

This the 6th day of March, 1990.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADJOURN THE COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

The meeting adjourned at 9:58 p.m.