MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, MONDAY, JUNE 8, 1992 AT 7:30 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Finance Director James Baker and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Broun said he had the pleasure of presenting a proclamation recognizing June 14th as Baltic Freedom Day in Chapel Hill. Mayor Broun noted that his grandparents had grown up near Riga, Latvia.

There were no hearings.

Item 3 Petitions

Mark Zack, representing Miami Subs restaurant, said his client was planning to paint a mural on the back of the former Huggins Hardware building. Mr. Zack noted that Michael Brown would paint the mural of a painting by Rousseau. Council Member Herzenberg said the idea was delightful. He noted that all five murals around the Town had different themes. Council Member Andresen said the planned mural was beautiful.

Baird Grimson, 407 Ransom Street, said that residents of the Westside neighborhood had several concerns, including sidewalks, traffic and overhead lighting. A copy of the petition is on file in the Town Clerk's Office. He requested the assistance of Town and State Department of Transportation staff in addressing the concerns. Mr. Grimson said the Westside Neighborhood Association fully supported the UNC power plant neighbors in their efforts. He requested that the Council assist in continuing compliance efforts at the boiler plant.

Council Member Andresen requested that the Manager provide information on the area's pedestrian safety. She encouraged Mr. Grimson to work with staff to develop solutions to the concerns raised. Council Member Capowski asked whether neighborhood residents had concerns about crime in the area. Mr. Grimson said crime was a concern of many residents. Council Member Wilkerson requested that the Manager provide information on this matter in his follow-up report to the Council.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE AND REFER THE PETITION PRESENTED BY MR. GRIMSON.

Council Member Werner requested that the Manager provide information on the Town's sidewalk maintenance policy in his follow-up report to the Council. Mr. Horton said he would do so.

THE MOTION TO RECEIVE AND REFER WAS ADOPTED UNANIMOUSLY (9-0).

Noting a recent resignation from the Stormwater Management Committee, Council Member Werner requested that nominations for the committee be reopened. Mayor Broun noted that there were no objections from the Council.

Mr. Horton noted that a petition had been received from Ken Jackson concerning the study of advertising rates for the trolley. He suggested that the matter be referred to the Transportation Board and staff.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECEIVE THE PETITION AND REFER IT TO THE MANAGER AND TRANSPORTATION BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Glenn Morris, 118 Nottingham Drive, expressed concerns about the proposed annexation of a portion of the Oaks III subdivision. Mr. Morris expressed particular concern about additional traffic on Nottingham Drive, due to limited ingress and egress points. He also expressed concern about limited opportunities for citizen input in the planning process. Mr. Morris said the Town's planning staff was courteous and concerned about his situation, but could offer little assistance since the area was currently in Durham County's planning district. He requested the Council's assistance in including area residents in future planning processes.

Council Member Andresen inquired whether he had addressed his concerns to Durham County officials. Mr. Morris said he had not since he had received notification of the proposed annexation after the fact. Mr. Morris said he was very concerned about future development in the area. Council Member Andresen requested that the Manager report back to the Council on the matter. Council Member Capowski inquired whether Mr. Morris was concerned that the annexation would increase traffic on Nottingham Drive. Mr. Morris said no, adding that proposed development plans would impact future traffic patterns. Mayor Broun noted that Mr. Morris' concerns appeared to be related to the proposed subdivision plat, rather than the proposed annexation. Council Member Werner said it might be useful for Town staff to talk to Durham County staff about roadway plans and the status of the Oaks III subdivision plat. Mayor Broun suggested that the Manager provide a follow-up report to the Council on the matter.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 8. THE MOTION WAS ADOPTED

UNANIMOUSLY (9-0).

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA (92-6-8/0-8)

WHEREAS, the Council of the Town of Chapel Hill has been petitioned under G.S. 160A-31, as amended, to annex the area described herein; and

WHEREAS, the Town Clerk has certified the sufficiency of said petition and a public hearing on the question of this annexation was held at the Chapel Hill Municipal Building, 306 North Columbia Street, Chapel Hill, N.C., 27516, at 7:30 p.m. on May 18, 1992 after due notice by publication on May 8 and May 17, 1992; and

WHEREAS, the Council does hereby find as a fact that said petition has been signed by all the owners of real property in the area who are required by law to sign and all other requirements of G.S. 160A-31, as amended;

WHEREAS, the Council further finds that the petition is otherwise valid, and that the public health, safety and welfare of the Town and of the area proposed for annexation will be best served by annexing the area described herein;

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

SECTION I

By virtue of the authority granted by G.S. 160A-31, as amended, the following described territory is hereby annexed and made part of the Town of Chapel Hill as of June 30, 1992:

(Oaks III, Phase B5a, Durham County Registry, Plat Book 117, Page 116) BEGINNING at a point which is the intersection of the southern right-of-way line of Ephesus Church Road and the Orange/Durham County line, and proceeded thence along said county line the following courses and distances: S 07°49'57" W, 120.71 feet; thence S 08°05'50" W, 516.30 feet (crossing Nottingham Drive) to a point on the Chapel Hill Country Club properties and proceeding along said Chapel Hill Country Club property the following courses and distances:

S 46°00'41" E, 320.66 feet; thence S 26°59'57" E, 129.99 feet; thence S 03°00'03" W, 129.99 feet; thence S 18°59'57" E, 549.96 feet; thence S 29°59'57" E, 249.98 feet; thence S 61°59'57" E, 109.99 feet; thence S 67°59'57" E, 219.98 feet; thence S 78°59'57" E, 41.22 feet to a point on the rear lot line of lot 16, block D and on the Durham/Chapel Hill annexation boundary line; proceeding thence with said annexation boundary line N 05°00'00" E, 570.94 feet to a point on the northern property line of lot 13, block A (the southeastern corner of lot 12, block A); and proceeding thence along the rear lot lines of lots 12, 11, 10, 9,8, and 7 of block A and along the annexation boundary line N 00°49'28" E, 1024.13 feet to a point, said point being at the intersection of the northeast corner of lot 7, block A and the southern right-of-way line of Ephesus Church Road; thence crossing Ephesus Church Road N 00°49'28"E approximately 62 feet to a point on the northern right-of-way line of said road; said point also being the southeast corner of lot 1, block 15, Durham Co. Tax Map 481, and on the existing Chapel Hill corporate limit line; thence proceeding with the northern right-of-way line of Ephesus Church Road and the Chapel Hill corporate limit line westerly along the arc of a curve to the left with a radius of 607.31 feet and chord length of 481.95 feet and chord bearing of N 77°58'11" W; thence continuing with the right-of-way and existing Chapel Hill corporate limit line N 54°35'31" W approximately 509 feet to the Orange/Durham Co. line; thence proceeding southwesterly across the right-of-way of Ephesus Church Road and with the county and corporate limit lines S 07°49'57" W approximately 70 feet to the intersection with the southern right-of-way line of Ephesus Church Road, the point and place of BEGINNING.

SECTION II

From and after 11:59 p.m. of the 30th day of June, 1992, the effective date of this annexation, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill. Said territory shall be subject to municipal taxes according to G.S. 160A-31.

SECTION III

The Manager of the Town of Chapel Hill shall cause to be recorded in the Office of the Register of Deeds of Orange County and the Orange County Board of Elections, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section I hereof, together with a duly certified copy of this ordinance.

SECTION IV

The Manager of the Town of Chapel Hill shall cause payments to be made to the rural fire department priorly serving the annexed territory, described in Section I hereof, in accordance with G.S. 160A-31.1.

This is the 8th day of June, 1992.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO INITIATE DISCUSSIONS CONCERNING THE 1986 CONSENT ORDER ANNEXATION LINE (92-6-8/R-12)

WHEREAS, the owners of property which is the site of Phase B5a of the Oaks III subdivision have petitioned the Town of Chapel Hill to annex said property located east of Pinehurst Drive and south of Ephesus Church Road;

WHEREAS, the Council of the Town of Chapel Hill has adopted an ordinance annexing Phase B5a of the Oaks III subdivision;

WHEREAS, annexation of this area splits two lots because of the location of the 1986 Consent Order Annexation Line; and

WHEREAS, the location of the Annexation Line makes the orderly provision of public services more difficult to the Oaks subdivision area in general;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to initiate discussion with the City of Durham about annexation of the small portion (Phase B5b) of the Oaks III subdivision on the Durham City side of the 1986 Consent Order Annexation Line.

This is the 8th day of June, 1992.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE MANAGER FOR A FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 Board and Commission Nominations & Appointments

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO NOMINATE ALL APPLICANTS TO THE HOUSING ADVISORY BOARD FOR APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO NOMINATE ALL APPLICANTS TO THE HUMAN SERVICES ADVISORY BOARD FOR APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO NOMINATE ALL APPLICANTS TO THE ORANGE WATER AND SEWER AUTHORITY BOARD OF DIRECTORS FOR APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO NOMINATE ALL APPLICANTS TO THE PLANNING BOARD (TOWN RESIDENT VACANCY) FOR APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS TO THE PERSONNEL APPEALS COMMITTEE FOR APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Council Member Andresen said she was interested in receiving periodic reports by the Orange County Economic Development Commission. Council Member Brown noted that commission nominee Bill Bracey was currently the Board's Secretary.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO NOMINATE BILL BRACEY FOR REAPPOINTMENT CONSIDERATION TO THE ORANGE COUNTY ECONOMIC DEVELOPMENT COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Werner inquired about the charge of the Chapel Hill Endowment for Public Art. Mr. Horton presented a brief overview of the committee's charge.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO NOMINATE ALL APPLICANTS TO THE CHAPEL HILL ENDOWMENT FOR PUBLIC ART FOR APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Rimer said Ted Hoskins was a fine candidate for appointment to the Community Appearance Commission. Mr. Hoskins was appointed to the Commission. Voting tallies were as follows:

Ted Hoskins 7 votes (Andresen, Brown, Capowski, Chilton, Rimer, Werner, Wilkerson)

Victoria Tackett 1 vote (Brown)

Tony Hall 1 vote (Herzenberg

Council Member Brown noted that both Bradley Rash and Jane Sharp had attended meetings of the Citizen's Energy Task Force.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO APPOINT BRADLEY RASH AND JANE SHARP TO THE CITIZEN'S ENERGY TASK FORCE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Herzenberg noted that four veteran members of the Greenways Commission were ending their terms of service. He noted that these members were willing to continue serving until new appointments were made. The Council requested that Town staff advertise current vacancies on the Greenways Commission.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO DEFER APPOINTMENTS TO THE GREENWAYS COMMISSION TO A LATER DATE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Werner noted that he requested additional information concerning the residency of Historic District Commission members. He suggested that more members be recruited from the Town's new historic district.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO DEFER APPOINTMENTS TO THE HISTORIC DISTRICT COMMISSION TO A LATER DATE.

Council Member Herzenberg said Council Member Werner's point was well-taken. Council Member Chilton said it was desirable to have student representation on the Commission.

THE MOTION TO DEFER APPOINTMENTS TO A FUTURE MEETING WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun noted that there were currently six vacancies on the Board of Adjustment. He added that ten Board members were needed for certain actions. Mayor Broun said it was desirable to make at least three appointments this evening. Council Member Wilkerson said he recommended the appointment of Carolyn Rashti in addition to Steven Klein and Harold White. Council Member Capowski asked how many people would be on the Board if three appointments were made this evening. Mr. Horton said ten.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO APPOINT A MAXIMUM OF THREE BOARD OF ADJUSTMENT MEMBERS THIS EVENING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Andresen thanked the Clerk for providing information on the occupational background of Board members.

Steven Klein, Carolyn Rashti and R. Harold White were appointed to the Board of Adjustment. Voting tallies were as follows:

Steven Klein 9 votes (Broun, Andresen, Brown, Capowski, Chilton, Herzenberg, Rimer, Werner, Wilkerson)

R. Harold White 7 votes (Broun, Brown, Capowski, Herzenberg, Rimer, Werner, Wilkerson)

Carolyn Rashti 6 votes (Broun, Capowski, Chilton, Rimer, Werner, Wilkerson)

Deirdre Coury 4 votes (Andresen, Brown, Chilton, Herzenberg)

Ted Bolstein 1 vote (Andresen)

Original voting ballots are available in the Clerk's Office.

Council Member Brown suggested the appointment of Paul Aliosio, Scott Franklin and Susan Vernon to the Solid Waste Reduction Committee.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO APPOINT PAUL ALIOSIO, SCOTT FRANKLIN AND SUSAN VERNON TO THE SOLID WASTE REDUCTION COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Item 5 Recommended Budget Ordinance & Related Items

Mr. Horton stated that the proposed budget fulfilled the Council's

desire for a budget without a property tax increase. He noted that the Council had discussed the use of $190,000 of funds at its most recent work session, with all but $14,000 being allocated for specific purposes. Mr. Horton briefly reviewed the proposed Transportation, Parking and Landfill funds.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 1, INCLUDING $14,000 FOR CONTINUATION OF THE PILOT CURBSIDE REFUSE COLLECTION PROGRAM.

Council Member Andresen suggested that the Council first debate the expenditure of $14,000. Council Member Herzenberg said it would be simpler to have an amendment to the main motion.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO MAKE A SUBSTITUTE MOTION THAT $14,000 BE ALLOCATED FOR CONTINGENCY.

Council Member Werner suggested voting on the budget and then discussing the expenditure of $14,000. Council Member Herzenberg said he would be glad to move adoption of Ordinance 1 only. Town Attorney Karpinos noted that the motion on the floor was to amend the main motion. Mayor Broun suggested that the Council discuss the expenditure of the unearmarked $14,000.

Council Member Werner suggested that the $14,000 be used for contingency purposes. He noted that the Council would hear from the Landfill Owners Group on a number of solid waste matters in the near future. Council Member Werner emphasized the importance of having funds available to spend on critical items. He said that the Council would not get any more information from continuation of the curbside recycling program. Council Member Chilton noted the importance of providing consistent public policy by minimizing the need for changes in service provision such as refuse collection methods. Council Member Capowski said he did not think extra information about curbside refuse collection was worth an additional $14,000. Council Member Capowski also said he did not favor spending more money to provide less service. Council Member Brown noted that the staff had said it was possible to vary the size of collection cans in the pilot area.

THE SUBSTITUTE MOTION, ALLOCATING $14,000 FOR CONTINGENCIES, WAS PLACED ON THE FLOOR. THE MOTION FAILED, 4-5, WITH COUNCIL MEMBERS ANDRESEN, BROUN, CAPOWSKI, AND WERNER VOTING AYE.

Council Member Andresen said the Council had to think in terms of discouraging long-term parking in the downtown area. Council Member Werner said he preferred to have on-street parking no less expensive than parking in lots. He noted the need to discourage circling of blocks to find parking spaces.

Council Member Wilkerson inquired about the benefits received from the Town's annual membership to Public Technology Incorporated. Mr. Horton said the Town received $3,500 per year in profit-sharing from pay telephone calls and savings of about $12,000 per year on toll calls. He stated that the Town received a return of $15,500 for an investment of $4,000. Council Member Wilkerson inquired about staffing levels in the Town's Police and Fire Departments. Mr. Horton said the departments were currently somewhat short-handed. He noted that recruitment for firefighters and police officers was underway. Council Member Wilkerson asked whether there was adequate funding for current vacancies to be filled. Mr. Horton said yes.

Council Member Werner thanked Mr. Horton for presenting a budget without a tax increase. He said the Manager and staff were to be commended. Council Member Werner also recognized staff for foregoing pay raises. He emphasized the important of examining creative solutions to solid waste problems. Council Member Andresen expressed appreciation for very thorough staff work throughout the budget process and document. She congratulated the Council and staff for doing a good job in addressing the community's concerns about taxes and services.

Council Member Capowski also expressed his thanks to the Manager for presenting a no tax increase budget proposal. He also thanked Town staff for foregoing pay raises this year. Council Member Capowski inquired whether work would continue on the single-occupant vehicle use study. Mr. Horton said staff work would continue on this item. Council Member Capowski inquired whether the Town was being asked to contribute $3,500 or $3,750 for environmental mediation services related to possible airport relocation. Mr. Horton said $3,750.

ORDINANCE 1, AS AMENDED, WITH $14,000 FOR CONTINUATION OF THE CURBSIDE PICK-UP PROGRAM, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1992 (92-6-8/O-1)

ARTICLE I

BE IT ORDAINED by the Council of the Town of Chapel Hill, the following appropriations are hereby made:

Total Total

Department Division Division Department

GENERAL FUND

Mayor/Council 171,041

Town Manager Administration 484,863

Information Services/

Town Clerk 234,861 719,724

Personnel 382,808

Finance 630,407

Legal 127,884

Planning 587,429

Inspections 278,870

Engineering 480,152

Housing and Community

Development 40,518

Public Works Administration 198,994

Field Operations

Administration 53,488

Landscaping 413,939

Traffic 406,980

Construction 371,673

Streets 927,749

Internal Services 1,066,708

Sanitation 2,036,102 5,475,633

Police Support Services 1,070,024

Patrol 2,953,991

Investigations 507,021 4,531,036

Fire Administration 208,519

Suppression 1,753,832

Prevention 104,433 2,066,784

Parks/Recreation Administration 216,468

General Recreation 836,334

Parks Maintenance 528,325 1,581,127

Library 946,122

Non-Departmental 2,650,246

General Fund Total 20,669,781

Other Funds

Public Housing Fund 965,103

Debt Service Fund 1,895,550

Landfill Fund 2,908,000

On-Street Parking Fund 402,500

Parking Facilities Bond Fund 785,306

Transportation FundAdministration 486,476

Operations 3,193,740

Maintenance 730,294

Non-Departmental 210,542

Transportation Fund Total 4,621,052

Housing Loan Trust Fund 26,700

Library Gift Fund 34,395

Capital Improvements Fund 431,063

Downtown Service District Fund 41,500

TOTAL - ALL FUNDS 32,780,950

ARTICLE II

It is estimated that the following revenues will be available during the fiscal year beginning July 1, 1992 and ending June 30, 1993 to meet the foregoing appropriations. It is determined that where estimated revenues are higher than the previous year, the increases were warranted.

General Fund Property Taxes 10,013,717

Other Local Taxes 290,000

Licenses and Permits 426,100

Fines and Forfeitures 64,000

State-Shared Revenues 7,144,455

Grants 276,967

Service Charges 695,259

Other 27,500

Revenue from Money and Property 460,500

Interfund Transfers 666,283

Fund Balance Appropriated 605,000

General Fund Total 20,669,781

Public Housing Fund 965,103

Debt Service Fund 1,895,550

Landfill Fund 2,908,000

On-Street Parking Fund 402,500

Parking Facilities Bond Fund 785,306

Transportation Fund 4,621,052

Housing Loan Trust Fund 26,700

Library Gift Fund 34,395

Capital Improvement Fund 431,063

Downtown Service District Fund 41,500

TOTAL - ALL FUNDS 32,780,950

ARTICLE III

There is hereby levied the following tax on each one hundred dollars ($100) valuation of taxable property, located within the Town of Chapel Hill, as listed for taxes as of January 1, 1992 for the purpose of raising revenue from property tax as set forth in the foregoing estimates of revenues, and in order to finance the foregoing appropriations.

General Fund

(for the payment of expenses

of the Town of Chapel Hill) $0.577/100

Transportation Fund

(for the payment of expenses related to

transportation approved by referendum) $0.04425/$100

TOTAL $0.62125/$100

ARTICLE IV

There is hereby levied the following tax on each one hundred dollars ($100) valuation of taxable property located in the Downtown Revitalization Municipal Service District established by the Town Council's resolution of June 12, 1989:

Downtown Service District Fund $0.07/$100

This the 8th day of June, 1992.

Mr. Horton said proposed user fees and schedules were consistent with the adopted budget and prior Council discussions.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING USER FEE POLICIES AND SCHEDULES FOR VARIOUS TOWN DEPARTMENTS (92-6-8/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following user fee policies and schedules effective July 1, 1992 as recommended in the Manager's Recommended Budget and accompanying documents,

Town Council Agenda Packet Fees

Development Review User Fees

Inspections User Fee Policy

Building Inspections Permit Fees General Policy and Schedule of Building Permit Fees

Engineering Department's Inspection Fee Policy

Municipal Cemetery Fee Schedule

Sanitation User Fee Policy

Landfill Fee Schedule

Street Cut Policy

Towing Fee Schedule

Fire Department Permit Fee Policy

Parks and Recreation User Fee Policy

Chapel Hill Public Library Fines and Fees Policies and Schedules

Transportation User Fees Policies and Schedules

Municipal Parking User Fee Rates and Schedules

This the 8th day of June, 1992.

Mr. Horton said Ordinance 2 outlined the proposed pay and classification plan effective July 1, 1992 and included a list of authorized positions.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT ORDINANCE 2.

Mr. Horton said the proposed 1992-97 Capital Improvements Program had been modified based on the Council's discussions on individual programs.

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

A RESOLUTION APPROVING THE 1992-1997 CAPITAL IMPROVEMENTS PROGRAM (92-6-8\R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it hereby approves the Manager's 1992-1997 Recommended Capital Improvements Program contained in the memorandum dated June 8, 1992 with the following projects to be included in the Operating Budget ordinance for 1992-1993:

Fuel Tank Monitoring System $ 20,000

Greenways $ 50,000

Sidewalks $ 20,000

Traffic Signal System $ 40,000

TOTAL $130,000

This the 8th day of June, 1992.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 2B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING RECOMMENDATIONS FROM THE PARKS AND RECREATION COMMISSION AND THE GREENWAYS COMMISSION ON USE OF OPEN SPACE/PARKS BOND FUNDS (92-6-8/R-2b)

WHEREAS, about $2.6 million remains unallocated in 1989 Open Space/Parks Bonds;

WHEREAS, the Council desires to address the need for athletic fields, additional greenways, and other parks projects with a portion of these funds;

WHEREAS, the Manager has prepared a report dated April 27, 1992 outlining possible uses for spending these funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it approves the use of 1989 open space/parks bond funds to address the need for athletic fields, greenways, and other parks projects, presently estimated to be about $900,000.

BE IT FURTHER RESOLVED that it refers the proposal to the Parks and Recreation Commission and to the Greenways Commission, for their recommendation on specific projects for which the bond funds would be spent, with projects ranked according to their priority.

This the 8th day of June, 1992.

Mr. Horton briefly reviewed the proposed allocation of funds for community development grants. He noted that discussions continued with the Midway Development Commission and the Orange Community Housing Corporation. Mr. Horton said he recommended the adoption of Resolution 3.

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

Council Member Wilkerson said he hoped the Council would take note of the Human Services Advisory Board's comments about OCHC funding for homeownership opportunities and reconsideration of the rural buffer.

RESOLUTION 3 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE SUBMISSION OF A FINAL STATEMENT FOR A 1992-93 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT (92-6-8/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit to the U.S. Department of Housing and Urban Development a Final Statement for the 1992-93 Community Development Program, as described in the Manager's memoranda to the Council dated March 17, 1992 and June 8, 1992; and including all understandings, assurances, and certifications required therein, for a program of $347,726 ($339,000 grant and $8,726 of program income) in Community Development Entitlement Funds.

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submission of a Final Statement and to provide such additional information as may be required.

This the 8th day of June, 1992.

Item 6 Library Construction Program

Jonathan Howes briefly presented the Library Committee's recommendations for the program.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPTED ORDINANCE 4.

Council Member Wilkerson inquired whether it was correct that the Town would be responsible for purchasing houses for persons wishing to relocate from the library property. Mr. Horton said accepting the grant would involve greater costs than the amount of the grant itself. He noted that the procedures were in place due to former abuses concerning relocation of tenants. Council Member Herzenberg noted that some Library Board members had dissented from the recommendation, due to concerns about using bond funds for Estes Drive improvements. Council Member Rimer noted that private developers of a similar project would be required to make improvements to Estes Drive. He said it was fair to allocate these improvements to the library project fund.

ORDINANCE 4 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND THE CAPITAL PROJECT ORDINANCE FOR LIBRARY FACILITIES (92-6-8/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the capital project ordinance established for the Library facility in 1986 and amended in 1991 is hereby amended as follows:

SECTION I

The capital project, as authorized by bond referendum approved on November 4, 1986 includes the capital costs of providing library facilities, including the acquisition of land and the construction, reconstruction and renovation of a building or buildings and equipment required therefore.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the bond authorization, and within the funds appropriated herein.

SECTION III

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

REVENUES Current Project Revised

Budget Budget

Library Bonds $4,000,000 $4,000,000

LSCA Grants $ 163,000 $ 63,000

Love Capital $ 911,400 $ 877,069

Library Gift Funds $ 375,200 $ 241,065

Interest on Bonds $ 100,000 $ 292,266

TOTAL $5,549,600 $5,473,400

SECTION IV

Amounts appropriated for the project are amended as follows:

EXPENDITURES Current Project Revised

Budget Budget

Land $ 764,665 $ 756,000

Construction $2,934,300 $2,727,400

Design $ 444,290 $ 455,000

Const./Cont. Services $ 64,625 $ 92,100

Printing 0 $ 10,000

Automation $ 425,000 $ 435,000

Collection Dev. $ 250,000 $ 250,000

Furniture/Equipment $ 360,000 $ 360,000

Contingency $ 306,720 $ 387,900

Total $5,549,600 $5,473,400

SECTION V

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

SECTION VI

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

This the 8th day of June, 1992.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO REJECT A LIBRARY SERVICE AND CONSTRUCTION ACT GRANT FOR $100,000 PREVIOUSLY AWARDED FOR THE NEW LIBRARY CONSTRUCTION (92-6-8/R-4)

WHEREAS, the Town of Chapel Hill had applied for and been awarded a Library Services and Construction Act grant for $100,000 toward the new library construction project, and

WHEREAS, the federal relocation costs associated with compliance with grant award could cost the Town more than the $100,000 grant award, and

WHEREAS, the Library Committee, Library Board of Trustees and staff have reviewed the costs associated with acceptance of the grant and recommend that the Town decline acceptance of the grant,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to notify the State Library that Chapel Hill regretfully declines the Library Service and Construction Act grant for $100,000.

This the 8th day of June, 1992.

Council Member Andresen inquired whether the lowest bid could be rejected. Mr. Horton said the lowest responsible bids could not be rejected. He noted that extensive reference checks had been conducted. Council Member Andresen expressed appreciation for inclusion of additional construction inspection for the project.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE CHAPEL HILL PUBLIC LIBRARY FACILITY (92-6-8/R-5)

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the April 12, 1992 edition of The Chapel Hill Newspaper and the April 16, 1992 edition The Challenger Newspaper in accordance with G. S. 143-128 for the Chapel Hill Public Library facility; and

WHEREAS, the following bids were received and opened on May 7:

SINGLE PRIME BIDS

Bid Amount

Barnhill Contracting Co. $2,732,577

C C Woods Construction $2,890,176

MULTIPLE PRIME BIDS

GENERAL CONTRACTORS

Forterra Corporation $2,084,491

Peden General Contractors 2,091,824

R.P. Construction 2,114,704

Centurion 2,159,000

R.K. Stewart 2,189,000

Riley Contracting Group 2,209,205

Robert Snyder Contractors 2,209,205

C.T. Wilson 2,209,292

C C Woods Construction 2,263,112

Resolute Building 2,284,186

Hatcher Construction 2,450,000

C.J. Kern 2,643,000

PLUMBING CONTRACTORS

Sparrow & Sons $ 81,849

Acme Plumbing & Heating 85,420

Brown Brothers 88,838

Bolton Corp. 89,674

ABC Plumbing Co.,Inc. 95,362

Triangle Mechanical 106,818

ELECTRICAL CONTRACTORS

Management Systems Electric $ 255,500

J.H.Electric Corporation 259,500

Boulton Corp 263,000

D.L. Johnson Mechanical Inc. 265,925

Watson Electric 274,500

Talley Electric Company 287,000

Edwards Electric Co.,Inc. 287,501

Pendergraph & Thomerson Electric 287,513

Tommy Lawrence Electric 298,000

M.R. Jones, Electric 306,000

MECHANICAL CONTRACTORS

Lee Heating & Air $ 152,136

Superior Mechanical 169,000

D.L.Johnson Mechanical 172,279

D & W Heating & A.C. 174,600

Rural Plumbing & Heating 178,680

Southern Piping Co. 179,206

Watco Mechanical 180,445

Hockaday Heating 197,000

Bolton Corp. 216,700

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bids and awards contracts to the lowest responsive multiple prime bidders as follows:

General Forterra Corporation $2,084,491

Plumbing Sparrow & Sons 81,849

Mechanical Lee Heating & Air 152,136

Electrical Management Systems 255,500

Total Project Cost $2,573,976

This the 8th day of June, 1992.

Council Member Andresen requested that as few trees as possible be disturbed on the site. Mr. Horton said a meandering route had been surveyed which would save as many trees as possible. Council Member Werner inquired why a future easement was being dedicated now. Mr. Horton said this was OWASA's standard procedure.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TRANSFER OF THREE UTILITY EASEMENTS TO THE ORANGE WATER AND SEWER AUTHORITY TO SERVE THE NEW PUBLIC LIBRARY AND SURROUNDING AREAS (92-6-8/R-6)

WHEREAS, the Orange Water and Sewer Authority (OWASA) requires the dedication and recording of utility easements as part of its approval of water and sewer line extensions; and

WHEREAS, the library plans include a sewer connection between the new building and an existing sewer manhole in the adjoining Sherwood Colony property; and

WHEREAS, the Town now holds a utility easement between the Town's property line and the manhole on the adjoining property; and

WHEREAS, OWASA requires an easement be dedicated for construction of a future sewer line from Audubon Drive to a point close to Estes Drive;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute and record utility easements in the library site as described in the attached sketch.

BE IT FURTHER RESOLVED that the Manager is also authorized to convey to OWASA the Town's utility easement which runs from its property line with Sherwood Colony to a manhole on the Sherwood Colony property.

This is the 8th day of June, 1992.

Item 7 Proposed Amendment to Public Housing Lease Agreement

Mr. Horton presented a brief overview of the Town's public housing lease agreement. Council Member Chilton expressed concern about loopholes in the judicial system pertaining to the civil rights of individuals. He also expressed concern that persons could be arrested without just cause. Council Member Andresen requested comment from Mr. Karpinos on Council Member Chilton's remarks.

Mr. Karpinos said the Town's process met the due process requirements outlined in the United Stated Constitution. Council Member Andresen said given this background, she was comfortable with the Town's current lease agreement. Mayor Broun said although he shared some of Council Member Chilton's concerns, he had examined the process and situation and found that systems in place protected individual rights. Expressing his concurrence with Mayor Broun, Council Member Rimer added that the jury system worked well. Council Members Capowski and Wilkerson also expressed their concurrence. Mr. Karpinos noted that the current and proposed system would provide due process to individuals.

Council Member Chilton said that public housing was the community's next to last safety net. He expressed concern that the Town was saying it did not care about the welfare of drug dealers. Council Member Wilkerson said Council Member Chilton was taking the situation out of context. Council Member Werner said the Town had a long history of protecting civil rights. He added that these protections did not preclude acting on other public safety concerns.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 6.1. THE MOTION FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS CHILTON AND HERZENBERG VOTING AYE.

Item 7.1 Amendment to Charge of Solid Waste Reduction Committee

Council Member Brown said a two word change to the committee's charge was being suggested.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 6.2. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION MODIFYING THE CHARGE TO THE SOLID WASTE REDUCTION COMMITTEE (92-6-8/R-6.2)

WHEREAS, the Council established a Solid Waste Reduction Committee on March 11, 1992, and

WHEREAS, the Council charged the committee with four responsibilities at that time,

BE IT HEREBY RESOLVED, that the charge to the committee be revised so that section #4 reads as follows:

4. To develop a program to provide recognition awards for individuals, neighborhoods and businesses that actively participate in waste reduction and recycling programs.

This is the 8th day of June, 1992.

Item 8 Consent Agenda

Mayor Broun noted that the Council had acted on item 8h earlier in the meeting. Council Member Herzenberg requested removal of item "n". Council Member Werner requested removal of item "l" and Council Member Capowski requested removal of item "g".

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS G, H, L AND N.

Council Member Capowski inquired about the term of the lease for the Public Works and Transportation facilities. Mr. Horton said the lease expired in 2007. He noted that most of the project would be funded with federal funds. Council Member Capowski inquired whether the facility would have a life of at least fifteen years. Mr. Horton said yes.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND ORDINANCES (92-6-8/R-7)

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

a. Minutes of May 11, 12, 14, 18 and 19.

b. Cable television franchise fee (O-6).

c. Authorization to apply for federal transportation grants (R-8).

d. Transportation capital project ordinance (O-7).

e. Service agreement with the Triangle Transit Authority (R-9).

f. Transit service contracts with Carrboro, Durham, and University of North Carolina, R-10).

i. Drug elimination grant authorization (R-13).

j. Deleted.

k. Authorization for fireworks contract (R-14).

m. Rescheduling public hearing date for solid waste text amendment (R-16).

This the 8th day of June, 1992.

AN ORDINANCE INCREASING THE CABLE TELEVISION FRANCHISE FEE FROM THREE TO FIVE PER CENT OF GROSS REVENUES (92-6-8/O-6)

WHEREAS, the Town's regulation of cable television includes Article V of Chapter 10 of the Town Code, which Article is incorporated by reference into the ordinances granting cable franchises; and

WHEREAS, Section 10-91(b) in Article V of Chapter 10 of the Town Code states that the Town reserves the right to amend any section or part of the said Article V; and Section 11 of the ordinances granting cable television franchises also states that the Town may amend the franchise fee requirement set forth in the Town Code;

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

Section 1. That the Council hereby amends Section 10-90 of the Town Code by replacing the phrase "three (3) per cent" with the phrase "five (5) per cent."

Section 2. That ordinances or portions of ordinances in conflict herewith are hereby repealed.

Section 3. That this ordinance shall be effective on July 1, 1992.

This the 8th day of June, 1992.

A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED (92‑6‑8/R‑8)

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

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

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

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

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

1. That the Town Manager is authorized to execute and file applications on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and the North Carolina Department of Transportation, to aid in the financing of operating, capital and planning assistance projects pursuant to Section 3, 8 and 9 of the Urban Mass Transportation Act of 1964, as amended.

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

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

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

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

This the 8th day of June 1992.

AN ORDINANCE TO ADOPT GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (92‑6‑8/O-7)

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 adopted:

SECTION I

The project authorized is a Transit Capital Grant from 1992 federal funds from an agreement with the N.C. Department of Transportation, more specifically known as Project NC‑03‑0026‑1 The project provides funds for transit capital activities.

SECTION II

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

SECTION III

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

Section 3

Federal Transportation Administration (FTA) $ 964,840

N.C. Department of Transportation (NCDOT) 120,605

Town of Chapel Hill (local match and Fund Balance 120,605

──────────

TOTAL $1,206,050

══════════

SECTION IV

The following amounts are appropriated for the project:

Maintenance Facility Expansion $ 984,850

Major Spare Parts 59,000

Capital Equipment 162,200

──────────

TOTAL $1,206,050

══════════

SECTION V

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

SECTION VI

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

This the 8th day of June, 1992.

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES WITH THE TRIANGLE TRANSIT AUTHORITY (92‑6‑8/R‑9)

WHEREAS, the Town of Chapel Hill operates public transportation services within the Towns of Chapel Hill and Carrboro, and currently has the resources to continue those services; and

WHEREAS, the Triangle Transit Authority is responsible for regional public transportation service within Wake, Durham and Orange Counties; and

WHEREAS, the Triangle Transit Authority has requested that the Town of Chapel Hill enter into an agreement to expand transit services to the City of Durham and the Research Triangle Park; and

WHEREAS, a contract for such service can be negotiated with no additional cost to the Town and the service can be operated with no adverse impact on existing Town services;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Town Manager is authorized to negotiate and execute an agreement with the Triangle Transit Authority for the provision of public transportation services.

BE IT FURTHER RESOLVED that such an agreement shall avoid adverse impact on the transit service levels provided by the Town and shall include reimbursement of all direct operating costs and a reasonable share of system overhead.

This the 8th day of June 1992.

A RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS WITH THE UNIVERSITY OF NORTH CAROLINA, THE TOWN OF CARRBORO, AND THE CITY OF DURHAM IN FY 1992‑93 (92‑6‑8/R‑10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Town Manager to execute on behalf of the Town, and in accord with adopted Memorandum of Understandings for transit services, contracts with the University of North Carolina and the Town of Carrboro for the Town to provide them public transportation services, provided said contracts not increase the costs of Town of Chapel Hill transit services and are substantially in accord with the adopted budget of the Town of Chapel Hill.

BE IT FURTHER RESOLVED that the Manager is authorized to enter an agreement and sign on behalf of the Town agreements, authorizations or franchises as required with the City of Durham to operate transit services within the city limits of Durham as negotiated.

This the 8th day of June, 1992.

A RESOLUTION AUTHORIZING SUBMISSION OF A DRUG ELIMINATION GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (92-6-8/R-13)

WHEREAS, the U.S. Department of Housing and Urban Development is making grant available to public housing agencies to assist in eliminating illegal drug activity; and

WHEREAS, illegal drug activity exist in some of the Town's public housing neighborhoods;

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill hereby authorizes the Manager to submit an application to the U.S. Department of Housing and Urban Development for a Drug Elimination Grant, and to provide additional information as may be required by HUD.

This the 8th day of June, 1992.

A RESOLUTION AUTHORIZING AGREEMENTS AND RELATED ACTIONS FOR THE JULY FOURTH COMMUNITY CELEBRATION (92-6-8/R-14)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into agreements on behalf of the Town for use of Kenan Stadium and other University facilities, a fireworks display, a musical program and co-sponsorship; and to take related actions such as application for all necessary permits for a July Fourth celebration at Kenan Stadium.

The agreement with co-sponsors including the University shall be generally in the form of that executed for the July 4, 1991 celebration; provided, that the agreements will reflect contributions by private companies, plans to receive voluntary suggested donations at the gate on July 4th and adjustments if an additional sponsor contributes funds as discussed in the Manager's report on this matter dated June 8, 1992.

BE IT FURTHER RESOLVED that the Council expresses its sincere appreciation to the University of North Carolina at Chapel Hill Department of Athletics, Office of Business and Finance and Department of Physical Education for their willingness to make facilities available for this community celebration; to the UNC Departments of Security, Traffic and Parking, and Health and Safety for their cooperative support; to the Village Companies, American Television and Communications Corporation (Cablevision) and Pepper's Pizza for their support and participation to make the July Fourth community celebration possible.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to temporarily close Ridge Road in the vicinity of the Ramshead parking lot between Manning Drive and Stadium Drive on the evening of July Fourth, 1992 and on a rain date such as July 5th, 1992 if necessary.

This the 8th day of June, 1992.

A RESOLUTION RESCHEDULING A PUBLIC HEARING ON AMENDING THE DEVELOPMENT ORDINANCE REGARDING SOLID WASTE MANAGEMENT PLANS AND SITE FEATURES FOR SOLID WASTE MANAGEMENT (92-6-8/R-16)

WHEREAS, the Town of Chapel Hill is taking positive steps to manage solid waste; and

WHEREAS, the Town staff has proposed an amendment to the Development Ordinance which would require the provision of a solid waste management plan and consideration of site features for the management of solid waste for development proposals; and

WHEREAS, the Council on April 27, 1992 called a Public Hearing for June 15, 1992 to consider possible changes to the Chapel Hill Development Ordinance with respect to solid waste management; and

WHEREAS, the June 15 Public Hearing calendar is so full as to potentially impair full discussion of all issues that might be raised;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council reschedules the Public Hearing to be held on Monday, September 21, 1992 at 7:30 p.m. at the Chapel Hill Town Hall for the purpose of discussing possible changes to the Chapel Hill Development Ordinance regarding solid waste management.

BE IT FURTHER RESOLVED that the Town Manager is directed to prepare a report for the hearing discussing the proposal and to present the report to the Planning Board with a request for a recommendation.

This the 8th day of June, 1992.

Council Member Werner noted that the Stormwater Management Committee was looking at drainage easements. Council Member Andresen asked whether the Engineering Department normally selected the site of drainage easements. Mr. Horton said project engineers made such recommendations to the staff. Council Member Rimer suggested that staff inform adjoining property owners of plans to abandon drainage easements. Council Member Herzenberg inquired whether the item could be postponed pending additional information.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO DEFER THE MATTER TO JUNE 22ND. THE MOTION TO DEFER WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Herzenberg noted that several citizens had contacted him expressing concern that they would receive a lower level of cable service under Cablevision's proposed plan. Council Member Brown said she had received a letter expressing similar concerns. She requested additional information on the matter. Randy Fraser, President of Raleigh-Durham Cablevision, said WFMY-TV was not licensed in the Raleigh-Durham television market. He noted that

the annual copyright fee for service was $360,000 per year or $1.80 per month per subscriber. Council Member Andresen inquired about differences in proposed service. Mr. Fraser said that the USA Network would replace WFMY-TV on the basic cable tier, while Home Team Sports and the Home Shopping Network would be added to expanded service. Council Member Capowski asked whether a franchise fee was currently being paid for WFMY-TV. Mr. Fraser said no. Mr. Fraser said the Town would receive five percent of the five percent commission received by Cablevision. Mr. Fraser said efforts would be made to handle pre-empted programming.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CABLE TELEVISION FRANCHISE REQUIREMENTS (92-6-8/O-10)

BE IT ORDAINED by the Town Council of Chapel Hill:

Section 1. That the Council hereby amends the ordinance granting a cable television franchise to Village Cable Inc., as amended (which franchise is now held by American Television and Communications Corporation/Time Warner) as follows:

(a) The number of broadcast television stations from the central north Carolina area which must be carried in Tier One is reduced from 7 to 6.

(b) The cable operator shall carry Home Team Sports, or other sports programming if Home Team Sports becomes unavailable, on a full time basis in Tier Two as described in a letter dated May 19, 1992 from William S. D'Epagnier of the American Television and Communications Corporation ("Cablevision") to the Town Manager, which letter shall be retained with the records of this meeting.

(c) The cable operator shall similarly carry QVC or other similar shopping programming on a full-time basis as set forth in the above-described letter from William S. D'Epagnier.

(d) The cable operator shall carry the USA network, or other similar programming, in Tier One as set forth in the above-described letter from William S. D'Epagnier.

Section 2. The cable operator shall effect the above-described changes in July, 1992.

Section 3. The effectiveness of this ordinance shall be conditioned upon its acceptance by a duly authorized representative of ATC/Cablevision.

Section 4. All ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 26th day of May, 1992. (FIRST READING).

This the 8th day of June, 1992 (SECOND READING).

Item 9 Information Reports

Council Member Andresen said she was a little disappointed in the pedestrian plan report. Council Member Andresen said she would speak to the Manager about specific concerns.

The regular meeting concluded at 10:05 p.m.

No report followed the Executive Session.