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

HILL, NORTH CAROLINA, TUESDAY, DECEMBER 11, 1990, 7:30 P.M.

Mayor Howes called the meeting to order.

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

Mayor Howes noted that this evening's meeting was the Council's sole business meeting in December. He added that the Council would meet six times in January, 1991. Mayor Howes extended the Council's best wishes for the holiday season.

Mayor Howes also expressed sympathy on the passing of Dr. George Welch, a professor of psychology at the University and husband of former Alderwoman Alice Welch.

Mayor Howes also said that the Council would take steps to address public safety concerns in the upcoming budget process. He extended the sympathy of the Council to the families with loved ones involved in the shooting incident of December 10th. Mayor Howes commended the Police Department for their work on the investigation to date.

Mayor Howes noted that there were no ceremonies or hearings.

Item 3 Petitions

Donal Dunphy, representing the Gimghoul Neighborhood Association, requested that Evergreen Lane be designated a one-way street due to safety consideration. Mr. Dunphy noted that drivers tended to traverse Evergreen Lane at a higher rate of speed since mat and seal of the roadway had been completed.

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Wilkerson stated that he had received many letters and telephone calls expressing concern about public safety concerns. Council Member Wilkerson said that in 1985 the Human Services Advisory Board had noted the increased frequency of drug usage in the community. He also noted that there had been increasing drug-related problems in the school district since 1986.

Council Member Wilkerson proposed that the Council establish a task force composed of members from the Human Services Advisory Board, Housing Advisory Board, Police Department, and other social service agencies and interested parties. He noted the importance of widespread community support for this program. Council Member Wilkerson also requested that the Town Manager report to the Council on necessary future public safety staffing levels. He also requested a report on whether a public safety system or separate police and fire departments were better suited for the community.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Rimer noted that Professor Bob Taylor's class at Queen's College in Charlotte had recently viewed a videotape of the Council's discussions concerning refuse collection as part of a dispute resolution class.

Mayor Howes suggested that consent agenda item 14d be moved forward for separate consideration following agenda item twelve. Town Manager Horton suggested that consent agenda item 14h follow this item. The Council concurred with these suggestions.

Item 4 Minutes

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE MINUTES OF OCTOBER 29TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF NOVEMBER 12TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE MINUTES OF NOVEMBER 19TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE MINUTES OF NOVEMBER 26TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 5 NC 86/Airport Road Public Housing

Town Manager Horton requested that the agenda item and its attachments be entered into the record of the hearing. Mayor Howes concurred. Planning Director Roger Waldon briefly reviewed previous Council consideration of this matter. He emphasized the need for expeditious treatment of the application, given Federal housing eligibility deadlines. Mr. Waldon noted that the staff had examined alternative location possibilities on the site, but had concluded that redesign would result in significant time delays. He stated that a buffer along the northern property line could be included by narrowing and shifting the entry roadway to the south. Mr. Waldon said that a revised site plan, dated December 7, 1990, had been provided for the Council's consideration.

Council Member Werner inquired how the future widening of Airport Road would impact the proposed site plan. Mr. Waldon stated that additional right-of-way would be dedicated for the widening of the roadway. He added that funding for a right-turn lane was included in the Manager's recommended conditions of approval. Town Manager Horton stated that realignment of the Stateside Drive intersection could possibly occur in concert with the widening of Airport Road. Council Member Brown inquired about the possible impact of a roadway realignment on Mr. Mitchell's septic tank field. Mr. Waldon said this was difficult to determine, since the location of Mr. Mitchell's septic fields was unknown.

Council Member Brown inquired about the feasibility of aligning the entry road to Dixie Drive, by acquiring an easement from Duke Power. Mr. Waldon noted that this alternative had been explored, but had been proved infeasible, due to time and expense. Town Manager Horton noted that the proposed Dixie Drive alignment would necessitate locating part of the roadway within the resource conservation district. Council Member Brown asked whether a part of the park and ride lot would be located in the resource conservation district. Mr. Horton said this was possible. Council Member Brown asked whether the Town staff had advised Mr. Mitchell of the proposed roadway alignment. Mr. Horton said yes. Mr. Mitchell said he appreciated the Council's and staff's time and attention to his concerns. Mr. Mitchell stated that Duke Power officials were open to the concept of a land trade in this area. Mr. Mitchell also said it would be advantageous for the Town to provide more than thirty feet of right-of-way for NC 86 on the lower portion of the site.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION A.

Council Member Werner stated that Mr. Mitchell had raised several points meriting the Council's attention. He noted that the there was insufficient time to evaluate the Dixie Drive roadway alignment proposal.

Council Member Preston emphasized the need for careful treatment of adjoining property owners in handling future Town and other development applications.

Council Member Wallace said he was pleased that Mr. Mitchell and the staff had both responded positively to difficult circumstances. He noted that further adjustments might need to be made in the future.

Council Member Rimer said he encouraged the Town staff to continue creative thinking in their future recommendations to the Council. Council Member Brown expressed concurrence with Council Member Preston's and Rimer's remarks. She stressed the importance of involving adjoining property owners early in the development review process. Mayor Howes commended all parties for their cooperation in completing this development review.

THE QUESTION WAS CALLED AND THE MOTION TO ADOPT RESOLUTION A WAS PLACED ON THE FLOOR. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR AIRPORT ROAD PUBLIC HOUSING (SUP-24-p/o 19) (90-12-11/R-1a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the proposed development, on property identified as Chapel Hill Township Tax Map 24, part of Lot 19, if developed according to the site plan dated July 25, 1990 (revised December 7, 1990) and the conditions listed below would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13 and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a public necessity;

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

These findings are conditioned upon the following:

1. That one-half of a 120-foot right-of-way be dedicated along the Airport Road frontage.

2. That an appropriately tapered left (northbound) turn lane be added to Airport Road at the development entrance.

3. That funds be reserved for construction of a right (southbound) turn lane on Airport Road, with construction to occur at such time as necessary right-of-way can be made available.

4. That a bus stop (bench and pad) and a bus pull-off be added along the property frontage on Airport Road.

5. That a five-foot temporary sidewalk be constructed along the entire Airport Road frontage.

6. That an interior non-grass pathway be constructed to link the new street with the bus stop.

7. That Street "A" be designed and constructed to Class C standards with standard curb and gutter, with sidewalk on one or both sides, and that a 50-foot right-of-way be dedicated.

8. That the entrance/exit to the development be aligned directly across from Stateside Drive and that an exclusive right-turn lane and a combined left-turn and through lane be provided at the development exit onto Airport Road.

9. That "future potential pedestrian access" be provided from the end of Street "A" to the northwest to ensure the option of connecting to future development.

10. That "future potential vehicular access" be provided from the Street "A" to the southern boundary in the south central portion of the site to ensure the option of connecting to future Town development to the south.

11. That maintenance access be provided from Street "A" to the stormwater detention facility in the southeast portion of the site.

12. That the final plans indicate the following buffers in accordance with the above-referenced site plan:

-a Type D buffer along Airport Road frontage

-a Type C buffer along the northern boundary, except that

no buffer is required between the new public street and

adjacent property

-a Type C buffer along the southern boundary

-a Type C buffer along the southwestern boundary

-a Type C buffer along the western boundary

-a 20-foot buffer along the northern property line, with

a right-of-way stub-out

13. That no phasing plan shall be approved for this development.

14. That final street plans, detailed construction plans, grading plans, fire flow report, stormwater management plans (with hydrologic calculations), and landscape protection plans be approved by the Town Manager before issuance of a Zoning Compliance Permit or application for final plan approval, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.

15. That the final utility/lighting plans be approved by OWASA, Duke Power, Carolina Cable, Public Service Company, Southern Bell, and the Town Manager, before issuance of a Zoning Compliance Permit. The developer shall be responsible for assuring these utilities, including cable television, are extended to serve the development expansion.

16. That detailed construction plans for proposed infrastructure additions and alterations be reviewed and approved by the Orange Water and Sewer Authority and by the North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

17. That the developers shall be responsible for placement and maintenance of temporary regulatory traffic signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

18. That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

19. That prior to paving streets, utility service laterals be stubbed out to serve each structure. Sanitary sewer at laterals shall be capped off above ground.

20. That plans for improvements to State-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

21. That easement documents as required by OWASA be recorded before final plat approval.

22. That building elevations be reviewed by the Design Review Board, with recommendations submitted to the Appearance Commission.

23. That detailed building elevations, landscape plans, landscape maintenance plans, and lighting plans be submitted to the Appearance Commission and the Town Manager for approval prior to issuance of a Zoning Compliance Permit.

24. That tree protection fences shown on the final plans be installed to protect trees to be retained and their root systems before the initiation of land-disturbing activities.

25. That sight distance easements be provided on the final plans and final plat.

26. That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer before issuance of a Zoning Compliance Permit.

27. That no Certificate of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plans and the final plat.

28. That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

29. That if any of the above conditions is held invalid, approval shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit approval of Airport Road Public Housing in accordance with the plans and conditions listed above.

This the 11th day of December, 1990.

Town Manager Horton noted that were four project ordinances associated with this development. Mr. Horton said the Federal government would provide grant funding of $1.2 million, supplemented by Town funding of $465,000.

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

AN ORDINANCE TO ESTABLISH A GRANT PROJECT ORDINANCE FOR NEW PUBLIC HOUSING UNITS (90-12-11/O-1)

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

SECTION I

The project authorized is the construction of new public housing units as approved by Council on July 10, 1989 (89-7-10/R-15.1): Funds are as contained in the Development Grant Agreement and the Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD) for Project Grant 10. The project activities will include the construction costs for 24 new public housing units.

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:

HUD Development Grant $1,233,600

SECTION IV

The following amounts are appropriated for the project:

Administration $ 20,300

Professional Services $ 118,600

Construction $1,094,700

Total $1,233,600

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 HUD as required by the grant agreement(s) and federal and State requirements.

SECTION VI

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

SECTION VII

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

SECTION VIII

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

This the 11th day of December, 1990.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO ESTABLISH A CAPITAL PROJECT ORDINANCE FOR NEW PUBLIC HOUSING UNITS (90-12-11/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 capital project ordinance is hereby established:

SECTION I

The project authorized is the construction of new public housing units as approved by Council on July 10, 1989 (89-7-10/R-15.1). Funds for this portion of the project are from the General Fund allocations for public housing and from Capital Reserve Funds accumulated in prior years. The project activities include the construction costs and off-site improvements for 24 new public housing units.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the capital project within the terms of the budget contained herein.

SECTION III

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

Transfer from the General Fund $ 38,000

Transfer from the Capital Reserve $151,000

SECTION IV

The following amounts are appropriated for the project

Construction $189,000

SECTION V

The Finance Director is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to provide accounting that may be required by grant agreements or federal and State regulations.

SECTION VI

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

SECTION VII

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

This the 11th day of December, 1990.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 (90-12-11/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, 1990" as duly adopted on June 11, 1990, be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Transfer to Public

Housing Capital

Project Fund 0 $38,000 $ 38,000

ARTICLE II

REVENUES

GENERAL FUND

Fund Balance $1,231,359 $38,000 $1,269,359

This the 11th day of December, 1990.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 (90-12-11/O-4)

SECTION I

That $151,000 from the 1/2-cent sales tax revenue held in the Capital Reserve Fund for water and sewer purposes be hereby removed from the Capital Reserve Fund and transferred to the Public Housing Capital Project Ordinance in the amount and for the purpose as follows:

The construction costs of providing 24 new public housing units ($151,000)

This the 11th day of December, 1990.

Item 6 Mill Creek Special Use Permit Modification

Mayor Howes noted that no additional speakers had requested to speak on this matter. Town Manager Horton requested that the agenda item and its attachments be entered into the record of the hearing. Mayor Howes concurred with this request.

Planning Director Roger Waldon noted that the applicant was requesting a one year extension of the special use permit, to January 1, 1992. He briefly reviewed the proposed site plan, noting that a portion of the site was located in the resource conservation district.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION TIME LIMIT AND A MODIFICATION OF THE SPECIAL USE PERMIT FOR MILL CREEK (90-12-11/R-2a)

WHEREAS, the Chapel Hill Town Council approved a Special Use Permit for the Mill Creek development on July 9, 1984 and that document has been recorded in the Orange County Register of Deeds (Deed Book 485, Page 231); and

WHEREAS, the Council of the Town of Chapel Hill has considered the application of The John R. McAdams Company to extend the completion time limit of the Special Use Permit for Mill Creek for twelve (12) months; and

WHEREAS, the Council finds that the permit holder submitted the request within sixty (60) days of the completion date, the permit holder has proceeded with due diligence and good faith, and conditions have changed so substantially as to warrant Council reconsideration of the approved development; and

WHEREAS, the Council finds that the development as approved in 1984 no longer complies with the density limitations and the Land Use Intensity restrictions; and

WHEREAS, the Council finds in this particular case that public purposes are satisfied to an equivalent or greater degree with the modification of Sections 5.5.2.1 and 13.11.1 of the Development Ordinance to permit a floor area greater than that which is currently permitted;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill approves a modification of the July 9, 1984 Special Use Permit with an extension of the completion time limit as follows:

Change the Special Use Permit to read:

Site Plan dated: December 17, 1985 (revised August 20, 1987)

Number of Buildings: 8

Number of Dwelling Units: 121

Floor Area: 120,000 square feet

Number of Parking Spaces: 292

Construction Shall be Completed By: January 31, 1992

This the 11th day of December, 1990.

Item 7 Asheton Hill Special Use Permit Modification

Mayor Howes noted that no additional speakers were present to address this application. Town Manager Horton requested that the agenda item and its attachments be entered into the record of the hearing. Mayor Howes concurred with this request.

Planning Director Roger Waldon stated that the applicant was requesting a one year extension to the project completion time limit. He reviewed the site plan, noting that the proposed number of dwelling units had been reduced from ninety-one to sixty-four, with sixteen of these units in place. Mr. Waldon said that the project did not meet existing buffer and setback requirements. Council Member Werner inquired whether it would be possible for the project to be built in compliance with current setback and buffering requirements. Mr. Waldon stated that the site plan could be adjusted to accommodate existing requirements.

Council Member Wallace inquired about the depth of an existing pond on the site. Mr. Waldon said he did not know the depth of the detention pond. Council Member Herzenberg inquired about the location of existing buildings. Mr. Waldon pointed out these buildings on the site plan. Council Member Preston inquired when the existing units had been completed. Mr. Waldon said that they had been completed in late 1984.

Council Member Rimer said he had numerous concerns about poor design in the proposed site plan. He recommended that the Council deny the requested extension. Council Member Wallace inquired whether the detention pond was natural. Mr. Waldon said that the pond was most likely manmade. Council Member Wallace stated that he found it highly objectionable to fill wetlands for construction purposes.

David Swanson, representing the applicant, noted that the applicant was requesting a one-year extension to the permit life. He added that the manmade pond on the site was eight to ten feet deep. Bob Schultz, representing Barclay's American, said that his client was willing to redesign the site to meet existing buffering and setback regulations. Council Member Wallace inquired about the total acreage of the pond. Mr. Swanson responded that the pond covered approximately one-half acre.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 3B.

Council Member Werner suggested that Resolution B was the Council's best course of action. He noted that the current condition of the land at the site was poor. Council Member Werner said that the current property owner was planning to sell the project in the future.

Council Member Wallace noted that special use permits are negotiable legal instruments. Mayor Howes expressed concurrence that the Council was well-advised to adopt Resolution B.

THE QUESTION WAS CALLED AND THE MOTION WAS PLACED ON THE FLOOR. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION TIME LIMIT FOR ASHETON HILL (FORMERLY MCGREGOR PLACE AND FORMERLY THE HIGHLANDS) (90-12-11/R-3b)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Barclays American/Mortgage Corporation, to extend the completion time limit of the Special Use Permit for Asheton Hill for twelve (12) months; and

WHEREAS, the Council fails to find that the permit holder has proceeded with due diligence and good faith, and conditions have not changed so substantially as to warrant Council reconsideration of the approved development;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it hereby denies the application of Barclays American/Mortgage Corporation for an extension of the completion time limit.

This the 11th day of December, 1990.

Item 8 State Transportation/Education Funding

Council Member Herzenberg stated that the Student Environmental Action Coalition had recently petitioned the Council concerning proposed funding of State Education and Transportation programs. He noted that Council Members Andresen, Brown and himself had formulated six or seven draft resolutions for addressing these concerns. He noted that the resolution before the Council this evening was the final product of these drafts.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 4.

Council Member Brown commended the Student Environmental Action Coalition for their concern with, and attention to, this matter. Lisa Abbott, representing the Student Environmental Action Coalition, thanked the Council for their consideration of the resolution. Ms. Abbott said that the student's interaction with the Council had been positive. She stressed the need for the United States to reduce its current dependency on oil. Council Member Preston said she was happy to support the resolution before the Council. Council Member Werner noted that the State of North Carolina had recently reduced the overall Highway Trust Fund from $9.1 to $7.4 billion. Council Member Herzenberg requested one minor change in the proposed resolution, The Town Clerk noted this change.

THE MOTION WAS PLACED ON THE FLOOR AND WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION REGARDING PUBLIC EDUCATION AND TRANSPORTATION NEEDS IN THE STATE OF NORTH CAROLINA (90-12-11/R-4)

WHEREAS, North Carolina is recognized as having one of the most extensive State highway programs in the United States; and

WHEREAS, on the basis of Scholastic Aptitude Test (SAT) scores, North Carolina's primary and secondary education system continues to rate as one of the poorest in the country; and

WHEREAS, in 1990 $86 million was cut from the Basic Education Plan; and

WHEREAS, millions have been cut from the current operating budgets of public universities, including $18 million from the University of North Carolina at Chapel Hill; and

WHEREAS, there are 800,000 functionally illiterate adults in our State; and

WHEREAS, North Carolina has one of the highest infant mortality rates of any State in the nation; and

WHEREAS, on a per capita basis, North Carolina spends less money on State parks than any other State; and

WHEREAS, a transportation plan must strongly emphasize public transportation and other alternatives to the single-occupant vehicle, and a plan relying on roads alone could destroy land, and increase sprawling development and air pollution; and

WHEREAS, by ignoring the consequences of single-occupancy vehicle transportation in our urban areas and by allocating small sums for public transportation, the North Carolina Highway Trust Fund enhances rather than mitigates the damage that automobiles do to our environment; and

WHEREAS, the $9.1 billion Highway Trust Fund Act represents an unbalanced approach to transportation needs;

WHEREAS, the General Fund is experiencing revenue shortfalls, fuel prices are higher and other circumstances have changed since the consideration and enactment of the Highway Trust Fund Act;

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

1. Believes that a good education system, a clean environment and a healthy population, and not more highway construction, are the keys to long-term sustainable growth in our State.

2. Encourages the General Assembly to enact means of substantially greater funding for public transportation.

3. Encourages the General Assembly to restore adequate funding for public education.

4. Supports careful State-wide planning for transportation needs to fully take into account the environmental damages such as harm to air quality, to the public health and to the environment as a whole, which result from highway construction.

5. Commends to Senators Ralph Hunt, Howard Lee, Kenneth Royall, Jr. and Russell Walker; and to Representatives Anne Barnes, Joe Hackney, George Miller, Mickey Michaux and Paul Luebke our support of public education and for a balanced program of transportation in North Carolina.

This the 11th day of December, 1990.

Item 9 ArtsCenter Funding

Assistant to the Town Manager Greg Feller briefly reviewed the materials before the Council this evening. He noted that the

ArtsCenter had reduced its overall budget from $1,000,000 to $500,000, and its staffing level from fifteen to seven positions. Noting that the Arts Center had recently made good progress, he noted that the Manager's recommendation was to provide funding of $8,751 for future ArtsCenter rental payments. Noting that the Arts Center had also requested rental funding from Carrboro and Orange County, Council Member Werner inquired what would occur if the Town approved the allocation, while the other two entities did not. Mr. Horton said that the operation of the facility would continue, but with a greater level of uncertainty.

Council Member Brown inquired further about the funding requested from Orange County and Carrboro. Mr. Feller stated that Orange County had reserved $5,000 for the ArtsCenter and the Town of Carrboro had reserved $11,000 for ArtsCenter rental payments. Council Member Brown asked what would transpire once these funds were exhausted. Mr. Horton said he thought that the ArtsCenter would understand the Council's message that there would be no more funding for rent this fiscal year. He added that the ArtsCenter had recently been making good progress and would have to make its own rental payments in the future.

Mayor Howes noted that there had been no disposition on the part of local governments for them to take over the ArtsCenter facility or operations. He noted that the ArtsCenter still had a long way to go in demonstrating its continued value to the community.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 5A.

Council Member Wilkerson said he had received a number of telephone calls earlier in the day, requesting that he not support the funding resolution for the ArtsCenter. He indicated that he would not support the funding resolution. Council Member Wilkerson said that although he was pleased with the new management of the ArtsCenter, he had not changed his position on the matter. Council Member Wilkerson said that the ArtsCenter audit did not present any significant new information. He also expressed concern that the progress of the ArtsCenter had been made at the expense of other programs in the community.

Council Member Werner noted that possible funding for ArtsCenter rental payments was from the hotel-motel tax, a source which had been approved by the State Legislature, for funding of cultural and visitor activities.

Council Member Wilkerson stated that a private party had contacted the Attorney General's Office earlier in the day, to file a lawsuit against the ArtsCenter.

Council Member Preston said that the ArtsCenter had been able to convince some foundations that they were worthy of support. She added that ArtsCenter officials were in the process of clarifying the circumstances concerning the future of the building.

Council Member Brown said she would vote against the proposed resolution, since it was not a judicious use of tax dollars. Council Member Brown said that there were many other organizations in the community which were deserving of this funding support.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS BROWN AND WILKERSON VOTING NO.

A RESOLUTION ALLOCATING 1990-91 OCCUPANCY TAX FUNDS TO THE ARTSCENTER (90-12-11/R-5a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to make monthly payments from hotel/motel tax funds of $2,033 or portion thereof up to a total of $8,751 beginning in December, 1990 directly to the Main Street Partners, or its successor as landlord, for the ArtsCenter at its current location, in addition to the $6,249 previously paid by the Town toward the ArtsCenter's rent for July through September, 1990; provided, that payments shall be dependent on the ArtsCenter continuing to rent and operate at its present location.

This the 11th day of December, 1990.

Item 10 Junior Olympics Funding

Town Manager Horton noted that approximately twenty thousand athletes would participate in the 1991 United States Junior Olympics to be held in Town in July. Transportation Director Bob Godding briefly reviewed Bob Baxter's November 12th petition to the Council. Mr. Godding noted that no estimate of shuttle transportation costs had been calculated. He noted that the City of Lincoln, Nebraska, the most recent Junior Olympics host, had expended approximately $25,000 for this type of service. He said that the Town could absorb these costs, if the Federal government approved an exemption for this type of one event free service. Mr. Godding said that the Manager recommended approval of a $20,000 allocation in addition to the possible provision of enhanced transportation services. Council Member Herzenberg inquired about the estimated attendance for the Junior Olympics. Mr. Godding responded that estimates varied since there was no established formula for this type of estimate.

Bob Baxter, Chairman of the 1991 Junior Olympics Organizing Committee, stated that most of the athletes would stay in the area for five or six days. Mr. Baxter thanked the Mayor and Council for their consideration of the Junior Olympic funding request.

David Taylor, President of the Chapel Hill-Carrboro Chamber of Commerce, said he appreciated the Town Manager's positive funding recommendation for the Junior Olympics. Mr. Taylor noted that approximately eight to sixteen thousand persons had attended State Championship High School football games at Kenan Stadium the weekend of December 7-9. Mr. Taylor observed that the Junior Olympics last an entire week. He requested that the Council consider favorably the Junior Olympics petition for funding. Mr. Taylor noted that Paul Tripodi and Floyd Jones also wished to address the Council concerning the request for funding.

Council Member Preston inquired about sources of funding for the Junior Olympics. Mr. Taylor responded that there was a wide array of contributors. Council Member Preston asked how the $20,000 would be expended. Mr. Baxter said that all of the request funding would be spent in Town for meals and housing of Olympic officials. He added that the Junior Olympics had received over $30,000 to date for this year's Junior Olympics. Mr. Baxter noted that it might be feasible to establish a shuttle bus system on a fare basis.

Council Member Werner inquired how many hotel rooms would be occupied by Junior Olympic participants. Mr. Taylor said he did not have an exact number immediately available. Council Member Werner asked how many hotel rooms were available in the Town. Mr. Baxter responded that the Town has a total of six hundred and thirty-two rooms. He also noted that approximately fifteen hundred rooms would be needed for four nights of the Olympics.

Council Member Brown inquired about the percentage of total system costs covered by farebox revenue. Mr. Godding responded that rider fares cover slightly less than one-third of total costs.

Paul Tripodi said that the Junior Olympics were an example of a clean, family-oriented industry. Mr. Tripodi passed a sample gold medal among the Council. He noted that the medal included the dates (July 23 through 28) and location (Chapel Hill, North Carolina) of the 1991 Junior Olympics. Mr. Tripodi said that the Junior Olympics would bring national recognition to the Town and area. He concluded his remarks by expressing the business community's support for the Junior Olympics.

Floyd Jones, Advertising Director of The Chapel Hill Newspaper, said that his newspaper would be extensively involved in the Junior Olympics.

Mike Fales, General Manager of the Omni Europa Hotel, said he was pleased that the Council was considered the Junior Olympics funding request. Mr. Fales said that the Junior Olympics were a fine event which would bring great exposure for the Town.

Council Member Wallace said that the Junior Olympics were an opportunity for the Town to offer hospitality to young people within an atmosphere of complete amateurism. He stated that the Junior Olympics could serve as a positive memory of the Town for many people. Mr. Fales said that the Junior Olympics is the largest track meet in the world. He added that the Junior Olympics is an extremely competitive event.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 7.

Council Member Brown expressed concern that there was not sufficient hotel-motel tax funding to address existing community needs. Council Member Preston noted that the Council could chose to expend more than $50,000 on cultural and visitor activity programs. Mayor Howes said this was rare opportunity for achieving an investment by leveraging. He said that the Town would receive benefits greatly exceeding the funding request. Council Member Brown stated that the Junior Olympics was a somewhat tenuous economic situation, offering no guarantees. Mayor Howes said he thought funding the event was worth the risk. Council Member Werner expressed his concurrence with Mayor Howes, noting that the Town might well recover its investment. Council Member Brown inquired about the estimated cost of bus transportation. Mr. Godding said that total costs of approximately $22,000-$25,000 were estimated.

Council Member Brown inquired about the Council's plans for the allocation of hotel-motel tax proceeds. Council Member Preston and Mayor Howes responded that the Council had made no definite decisions in this regard.

Council Member Wallace said that the principle of hospitality was of paramount importance in considering the funding request.

THE MOTION WAS PLACED ON THE FLOOR AND WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION STATING THE COUNCIL'S INTENT TO APPROPRIATE $20,000 FROM THE 1991-92 HOTEL/MOTEL TAX REVENUES TO THE N. C. JUNIOR OLYMPIC COMMITTEE (90‑12‑11/R‑7)

WHEREAS, the 1991 National Junior Olympic Games will be held in Chapel Hill from July 23 through 28; and

WHEREAS, this event will attract over 20,000 visitors to the area and is expected to have a significant economic impact in the community;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council intends to appropriate $20,000 from the Hotel/Motel tax revenues in 1991-92 to the N. C. Junior Olympic Games in Chapel Hill.

BE IT FURTHER RESOLVED that the Manager is authorized to increase service on established bus routes if it can be done at negligible net cost to the Town.

This the 11th day of December, 1990.

Item 11 Day Care Performance Agreement

Dr. Vincent Kopp, Chairperson of the Human Services Advisory Board, stated that a mid-year budget amendment for $10,000 in supplemental day care funding was being requested. Dr. Kopp said that this money would be used to cover the cost of thirty day-care scholarships.

Council Member Wilkerson thanked the Human Services Advisory Board for bringing this matter to the Council's attention. Council Member Wilkerson also expressed his support for the proposed resolution and ordinance.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 (90-12-11/O-5)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Housing and Community

Development $128,117 $10,000 $138,117

Non-Departmental

(Contingency) $ 83,929 $10,000 $ 73,929

This the 11th day of December, 1990.

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

A RESOLUTION APPROVING FUNDING FOR A PERFORMANCE AGREEMENT WITH DAY CARE SERVICES ASSOCIATION AS RECOMMENDED BY THE HUMAN SERVICE ADVISORY BOARD (90-12-11/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the appropriation of $10,000 to Day Care Services Association to address a priority human services need as recommended by the Human Services Advisory Board.

BE IT FURTHER RESOLVED that the Council hereby approves and authorizes the Manager to execute, on behalf of the Town, a Performance Agreement with Day Care Services Association for child care subsidy as described in the Human Services Advisory Board's report to the Council date November 13, 1990.

This the 11th day of December, 1990.

Senior Center Status Report

Council Member Rimer presented a brief overview of the activities of the Senior Citizens Center Task Force. He noted that the Town's only current senior activities center is grossly undersized for the community's needs. Council Member Rimer stated that an upgrade and expansion of the Community Center facility was proposed by the Task Force. He added that an interim solution to the problem is the leasing of four to six thousand square feet, to address existing program demands. Council Member Rimer said that a formal report on this matter would be made to the Council in January. Council Member Werner inquired whether the proposed Community Center addition would extend into the resource conservation district or a former landfill on the site. Council Member Rimer said that the proposed expansion would not be in the resource conservation district or on the former landfill site.

Item 12 Ruth Faison Shaw Committee Report

Martha Whittinghill noted that the committee had raised $14,000 to date, and expected to receive additional contributions of $10,000 in the near future. Ms. Whittinghill emphasized the need for having assurance of ownership of the Ruth Faison Shaw house in a timely fashion. She stated that one of the committee's objectives was to recreate the basement studio of Ms. Shaw as a rehabilitation center for burn and accident victims. Ms. Whittinghill added that the committee was in the process of having Ms. Shaw's book and finger painting manual reprinted. She expressed her appreciation for the Council's consideration of this matter.

Council Member Brown inquired about the committee's progress on grant applications. Ms. Whittinghill responded that the committee was working with State officials to assure completeness of grant applications.

Mayor Howes asked whether the committee had considered memorializing Ms. Shaw's achievements in a manner other than her former home, such as a gallery. Ms. Whittinghill stated that Ms. Shaw's former home was an asset, rather than an expense.

Council Member Preston expressed hope that the Council could help the committee expedite the transfer of Ms. Shaw's home, whether or not on the proposed library site, or at another location. Ms. Whittinghill said it was not possible to work out all the details of these arrangements until the status of pending grant applications had been determined. Council Member Werner stated that determining the future location of Ms. Shaw's home appeared to be a current sticking point. Council Member Preston said this was correct.

Council Member Werner asked whether the house location and transfer of the house was one or two issues. Ms. Whittinghill responded that these were two separate issues. Town Manager Horton said that the current home site was not a preferable permanent location.

Ms. Whittinghill said that the committee preferred that Ms. Shaw's home be located on the edge of Pritchard Park, but had a variety of options regarding location.

Mayor Howes said that the status of Ms. Shaw's home was a complicated matter, with a number of issues needing to be framed by the staff. Mayor Howes noted that he would find it difficult to support locating Ms. Shaw's home permanently in Pritchard Park. He noted the need for additional staff work on the status of Ms. Shaw's home. Council Member Rimer emphasized the importance of the staff suggesting possible alternative home sites utilizing Town-owned land. He also stressed the need for the committee to develop additional alternatives. Mayor Howes noted that there was no agreement among the Council on whether Ms. Shaw's home should involve Town-owned land.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 14d Isley/Stinson Street Parking Restrictions

Susan Vailes, 109 Isley Street, said she was concerned about emergency vehicle access in her neighborhood. Ms. Vailes requested that the proposed parking restrictions be further reviewed by Town staff for development of better alternatives. Town Manager Horton said that the staff would follow-up on this item and bring it back before the Council in the future.

Item 14i Triangle-wide Telephone Service

Town Manager Horton briefly reviewed the proposed resolution, noting that representatives from Wake, Durham and Orange Counties had met with Southern Bell officials concerning toll charges for Triangle-wide telephone calls. He noted that the parties had mediated an agreement for a fifty percent reduction in existing toll charges. Council Member Werner inquired whether additional options would be available to Southern Bell customers. Mr. Horton said yes.

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 12.1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REGARDING TELEPHONE SERVICE (90-12-11/R-12.1)

WHEREAS, the Town Council of Chapel Hill in the past has expressed its support for flat-rate, toll-free telephone calling in Orange, Durham and Wake Counties; and

WHEREAS, the business, cultural and social connections within Orange County are continuing to increase as the Chapel Hill, Carrboro, Hillsborough and Mebane urban areas expand; and

WHEREAS, Southern Bell serves Carrboro and much of Chapel Hill, and the Town of Chapel Hill includes areas in both Orange and Durham Counties with service by General Telephone (GTE), so that Chapel Hill customers pay tolls for some calls within the Town limits; and

WHEREAS, Southern Bell provides in accord with a 1987 order of the North Carolina Utilities Commission a plan for making monthly service charge credits of $7 per month available to qualifying low-income families through the NC Department of Human Resources and the Social Security Administration; and

WHEREAS, the Council believes that rates for extended area service in Orange County and all of the Town of chapel Hill should be based on additional equipment costs as the basis of equity and regulated return on investment, rather than based on lost toll revenues;

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

1. The proposed 50% reduction in toll charges for calls among Orange, Durham and Wake Counties with additional features of seven-digit dialing, regional white pages directory, an optional inward calling option (allowing customers to receive calls from anywhere in the region with no charge to the caller), and continuation of optional plans for reduced monthly rates for low-income families and for subscribers who make a limited number of calls within the local exchange area where they reside.

2. Consideration of flat-rate, toll-free "extended area service" for Orange County and the Towns of Carrboro and Chapel Hill (including the Durham County portion of Chapel Hill with General Telephone service), Research Triangle Park and Raleigh-Durham International Airport.

3. Defining the Orange County-Carrboro-Chapel Hill extended service area to include the limited number of additional areas in Durham County which eventually will be annexed into Chapel Hill in accord with the 1986 annexation boundary consent agreement between the City of Durham and the Town of Chapel Hill.

4. Conducting a poll of affected telephone subscribers regarding proposed monthly rates for the Orange County - Chapel Hill extended area service plan when such proposed rates are identified in the Utilities Commission's process.

BE IT FURTHER RESOLVED that the Council reaffirms its support for future flat-rate, extended area service in Orange, Durham and Wake Counties as the appropriate form of telephone service in a metropolitan area with increasingly greater economic, cultural and social relationships.

BE IT FURTHER RESOLVED that the Council believes that if at some point in the future the issue of regional, flat-rate extended area service for the Town of Chapel Hill, Orange, Durham and Wake Counties is proposed, the additional monthly charge for such a service should be based on additional equipment costs and regulated return on investment, rather than based on lost toll revenues.

This the 11th day of December, 1990.

Item 13 Appointments

Solid Waste Reduction Task Force

Council Member Werner noted that the best approach was to have a finite number of members on the task force. Council Member Rimer concurred, suggesting that a twenty-person task force would be manageable. Mayor Howes observed that Council Member Andresen had asked to serve as a member of the task force, along with Council Member Brown and Council Member Rimer. Council Member Rimer noted that seventeen persons had applied for the task force, leaving three seats open for future appointment.

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO APPOINT THE SEVENTEEN APPLICANTS BY CONSENSUS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Housing Advisory Board

THE COUNCIL APPOINTED CHARLES PADDOCK TO THE HOUSING ADVISORY BOARD. ORIGINAL BALLOTS ARE AVAILABLE FOR INSPECTION IN THE TOWN CLERK'S OFFICE.

Community Appearance Commission

THE COUNCIL APPOINTED PAUL FULLAGAR TO THE COMMUNITY APPEARANCE COMMISSION. ORIGINAL BALLOTS ARE AVAILABLE FOR INSPECTION IN THE TOWN CLERK'S OFFICE.

Item 14 Consent Agenda

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (A-C, E, G AND I), AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION RENEWING A LEASE FOR OLD POLICE BUILDING FOR USE AS A SHELTER FOR THE HOMELESS (90-12-11/R-10)

WHEREAS, the Council of the Town of Chapel Hill, on November 23, 1987, authorized the Town Manager to enter into a lease for the Old Police Building for use as a shelter for the homeless;

WHEREAS, the term of said lease was for three years, beginning on December 1, 1987, and ending on November 30, 1990; and

WHEREAS, Inter-Faith Council for Social Service, Inc., entered into a lease with the Town for the Old Police Building on December 1, 1987, and has requested that the lease be renewed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to publish a notice announcing the Council's intent to enter into a renewal agreement for the lease to the Inter-Faith Council for Social Service, Inc., for the Old Police Building at 100 West Rosemary Street, for use as a shelter for the homeless and community kitchen, for a term of two years with provision for an additional two-year term, said agreement to contain language substantially the same as contained in the lease agreement prevented to the Council.

This the 11th day of December, 1990.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ACCEPT CONTRIBUTIONS FOR THE PURPOSE OF TREE PLANTING AND MAINTENANCE (90-12-11/R-11)

WHEREAS, Independent Weekly is endeavoring to promote tree planting in area communities; and

WHEREAS, the magazine is soliciting contributions to plant such trees; and

WHEREAS, the Town of Chapel Hill encourages the enhancement of maintenance of its urban forests;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to accept contributions from readers of Independent Weekly as part of the magazine's "green campaign" to be put in a designated Town account for the purpose of tree planting and maintenance on public land and rights-of-way within the Town's jurisdiction.

BE IT FURTHER RESOLVED that the Council supports the efforts of Independent Weekly to encourage the planting of trees on public land.

This the 11th day of December, 1990.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (90-12-11/O-6)

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

SECTION I

That section 21-27 "No parking as to particular streets" is amended by inserting the following therein, in appropriate alphabetical order.

Street SideFrom To

Bolin Heights North Airport Road A point 75 ft east.

Bolin Heights South Airport Road The east end of the street.

SECTION II

These ordinances shall be effective on Monday, December 31, 1990.

SECTION III

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

This the 11th day of December, 1990.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (90-12-11/O-8)

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

SECTION I

That section 21-27 "No parking as to particular streets" is amended by inserting the following therein, in appropriate alphabetical order.

Street SideFrom To

Village Drive North A point 100 ft Ridge Trail

west of Oakland Lane.

SECTION II

These ordinances shall be effective on Monday, December 31, 1990.

SECTION III

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

This the 11th day of December, 1990.

A RESOLUTION DECLARING 101 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE SALE OF SAID PROPERTY BY ADVERTISED SEALED BID, PRIVATE NEGOTIATED SALE, OR TRANSFER TO ANOTHER GOVERNMENTAL UNIT (90-12-11/R-12)

WHEREAS, Article 12 of General Statutes 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus personal property; and

WHEREAS, the Town desires to dispose of surplus personal property.

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

1. That the following items of personal property are hereby declared surplus:

3 GE 30" electric range

47 Vesta 30" gas range

4 Gibson 14 cubic feet refrigerators

1 Westinghouse 19 cubic feet refrigerator

46 GE 14 cubic feet refrigerator

2. That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property by advertisement of sealed bids in accordance with the provisions of General Statute 160A-266.

3. That the items shall be sold on an "as is" and "where is" basis and the Town makes no guarantee of and assumes no responsibility for any of the items.

BE IT FURTHER RESOLVED that if any of the surplus property is not disposed of by sealed bid or transferred to a governmental unit, the Purchasing Agent is hereby authorized to sell said surplus property by private negotiation and sale in conformity with General Statute 160A-266.

This the 11th day of December, 1990.