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

CHAPEL HILL, NORTH CAROLINA, MONDAY, AUGUST 24, 1992 AT 7:30 P.M.

 

Mayor Broun called the meeting to order at 7:36 p.m.  Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr.  Council Member Julie Andresen was absent excused.  Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Manager Sonna Loewenthal, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

   Item 0.1  Resolution Concerning Council Member Herzenberg

 

Mayor Broun noted that none of the Council Members were happy to see the first item on this evening's agenda.  He added that several persons had signed up to speak on the matter.  Noting the Council's policy on speaker's petitions, Mayor Broun requested that speakers limit their remarks to three minutes.

 

Mayor Broun noted that earlier in the day he had received a statement from Council Member Herzenberg resigning his position as Mayor pro tempore, effective immediately.

 

Council Member Werner said the matter before the Council was difficult for himself and the entire Council.  He noted that the Town's political spectrum included a broad and unique range of opinions.  Council Member Werner said that he and his colleagues had listened to citizen's comments concerning Council Member Herzenberg during the past two weeks.  He stated that the Council had carefully considered how to most appropriately respond to the situation.  Noting that he had worked with Council Member Herzenberg for many years, Council Member Werner noted that Council Member Herzenberg had worked hard for the community and its residents.  Council Member Werner also emphasized the importance of the integrity of individual council members.  He stated that public confidence in the Council appeared to be at an all-time low as a result of Council Member Herzenberg's recent situation.  Council Member Werner stressed the importance of council members being held to the same standards as other citizens.  Council Member Werner said it was with a great deal of sadness that he offered the following resolution:

 

A RESOLUTION CENSURING JOE HERZENBERG AND SUGGESTING THAT HE RESIGN FROM THE COUNCIL (92-8-24/R-0.1)

 

WHEREAS, Joe Herzenberg has served as a member of the Chapel Hill Town Council from 1979 to 1981 and from 1987 to the present; and

 

WHEREAS, Mr. Herzenberg has been a strong advocate for the less fortunate and a hard-working public servant; and

 

WHEREAS, on August 10, 1992,. Mr. Herzenberg was found guilty of failing to file North Carolina state income tax and intangible tax returns; and

 

WHEREAS, a major responsibility of the Town Council and its members is to responsibly and honorably take care to set tax rates and allocate tax funds;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council censures Mr. Herzenberg for his failure to pay taxes,

 

BE IT FURTHER RESOLVED that the Council recognizes that it has no power to remove Mr. Herzenberg from his position as a Council member and that his continuing membership on the Council is a matter between the citizens of Chapel Hill and him.  Nevertheless, the Council urges Mr. Herzenberg to  recognize the impact of his conviction on the continuing effectiveness of this Council should he remain a member.  Based on these considerations, we believe that it is in the best interests of the Town of Chapel Hill that Mr. Herzenberg resign from the Council.

 

This the 24th day of August, 1992.

 

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 0.1.

 

Mayor Broun noted that the proposed resolution had been slightly revised, to reflect Mr. Herzenberg's resignation as Mayor pro tempore earlier in the day.  He said that, with the Council's concurrence, he would accept comments from the audience.

 

Tom Moore requested that the Council strike the last paragraph from the proposed resolution.  He noted that previous Councils had tolerated personal shortcomings by other Council members in the past.  Mr. Moore said Council Member Herzenberg represented a unique segment of the community.

 

Kirby Smith noted that he had previously worked on Council Member Herzenberg's council campaigns in the past.  He stated that Council Member Herzenberg had been an excellent Council member, particularly in regard to minority, environmental and student issues.  Mr. Smith said Council Member Herzenberg's tax situation involved a matter of trust and the maintenance of the Council's oath of office.  Mr. Smith said he was saddened that he had to support the proposed resolution.

 

Emphasizing the importance of respect for law, Bill Peacock stated that Council Member Herzenberg's representation of special interests was dangerous ground.  Mr. Peacock stated that respect for the law was the basis for democratic government.

 

Joe Straley, a former Town Council Member, said he opposed the resolution requesting Council Member Herzenberg's resignation.  Mr. Straley commended Council Member Herzenberg for his work on a variety of local, State and international matters, including serving as a poll observer in San Jorge, Nicaragua.  Mr. Straley stated that Council Member Herzenberg had an excellent record as an elected representative.  He also said that Mr. Herzenberg was not a single-issue Council member.  Mr. Straley noted Council Member Herzenberg's involvement in a variety of community activities including civil and human rights, historic preservation and student-related matters.  He expressed concern that balanced coverage of Council Member Herzenberg's situation had not been provided.  Mr. Straley also said the Council had erred in meeting in closed session to discuss Mr. Herzenberg's situation.  He stated that the session resulted in a loss of awareness of options, and ultimately, liberty.

 

Calisa McKnight urged the Council to leave the matter of whether or not to continue service in Council Member Herzenberg's hands.  Noting that the matter had been legally resolved, Ms. McKnight said she did not want her vote for Council Member Herzenberg negated.  She said that the voters could decide whether or not to re-elect Mr. Herzenberg upon the expiration of his current term.

 

Iris Schwintzer said she had known Council Member Herzenberg for many years and felt he was doing an outstanding job.  She stated that the matter was most appropriately resolved at the polls.

 

Phillip Gallagher said he had supported Council Member Herzenberg of many years.  Mr. Gallagher said Council Member Herzenberg was an important member of the community who had worked very hard in his capacity as council member.  Noting that neither the Code or State Statutes provided Council recall or removal provisions, Mr. Gallagher expressed concern that Council Member Herzenberg's situation was not a proper item for consideration by the Council.  He stated that voters, rather than the Council, had standing in the matter.

 

Dan Coleman expressed concern that the situation under discussion had been blown out of proportion.  Mr. Coleman said he had been disgusted by the media's treatment of Council Member Herzenberg's situation.  Mr. Coleman also said he had complete confidence in Council Member Herzenberg's competence and service to the community.  Noting his opposition to last paragraph of the resolution under consideration, Mr. Coleman stated that he would support any decision made by Council Member Herzenberg concerning his Council tenure.

 

Mark Donahue said he was hard-pressed to think of a stronger advocate for down-trodden persons.  Mr. Donahue said Council Member Herzenberg had an exemplary record of over twenty years of public service.  He also stated that non-payment of taxes was a serious offense and just and fair punishment had occurred.  Mr. Donahue said requesting Council Member Herzenberg's resignation did not serve the needs of the Town.  Mr. Donahue urged the Council to permit Council Member Herzenberg to prove his worth to the Town.

 

Phillip Sullivan said he supported the proposed resolution.  Mr. Sullivan stated that Mr. Herzenberg had violated the trust of his office by his non-payment of taxes for fourteen years.  Mr. Sullivan urged the Council to adopt the proposed resolution.

 

Roscoe Reeve said he realized the matter before the Council was a painful one.  Mr. Reeve said Council Member Herzenberg was a friend and he would stand by his decision to continue serving or resign.  Mr. Reeve also said he opposed the last portion of the proposed resolution.  He stated that Council Member Herzenberg's past personal actions would not impact the Council's effectiveness.  Mr. Reeve said it was important to consider the context of the entire situation.  He also expressed concern about the sanctimonious and cruel comments of some persons concerning Council Member Herzenberg's situation.  Commending the Council for its frank exchange of ideas on the matter, Mr. Reeve said he hoped the community-building process would continue.

 

Council Member Brown said the entire Council had suffered through the situation.  Council Member Brown said she was personally concerned whether the proposed resolution was a proper act by the Council.  Council Member Brown suggested amending the final paragraph of the resolution by adding the words "the Council urges to take into consideration individual member's opinions..."  Council Member Brown suggested that the Council leave the matter to be handled on a personal basis.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO MAKE A SUBSTITUTE MOTION TO THE RESOLUTION ON THE FLOOR.

 

Mayor Broun requested remarks from individual Council members.

 

Council Member Wilkerson said the matter before the Council this evening had torn the community apart.  Council Member Wilkerson said the community looked to the Council for leadership on decision-making on the actions of Council Member colleagues.  Council Member Wilkerson said he had the utmost respect and love for Council Member Herzenberg.  Noting Council Member Herzenberg's long record of service to the community, Council Member Wilkerson expressed hope that Council Member Herzenberg would make his decision in best interest of the entire community.  Council Member Wilkerson said he would vote in favor of the original resolution, urging Council Member Herzenberg to resign as a Council member.

 

Noting Council Member Andresen's absence this evening, Council Member Capowski stated that Mayor Broun had read the proposed resolution to Council Member Andresen earlier in the day.  He noted that Council Member Andresen had expressed her support for the proposed resolution.  Council Member Capowski read a statement from Council Member Andresen noting that payment of taxes was a fundamental civic duty.  Council Member Andresen also stated that Council Member Herzenberg had not met the standards for serving in public office.  She also expressed concern that the continuing presence of the issue would hinder his future duties as a Council member.  Council Member Andresen said Council Member Herzenberg's resignation as a Council member appeared to be the best decision.

 

Council Member Capowski said Council Member Herzenberg had been a tireless worker for the Town.  Council Member Capowski also said he was in Council Member Herzenberg's debt for his past assistance.  Council Member Capowski stated that since the Council levied taxes, it was essential that Council members be immaculate in paying them.  He expressed concern that the Council had already spent too much time in considering this matter.  Council Member Capowski said the only way to resolve the matter once and for all would be for Council Member Herzenberg to resign.  Council Member Capowski said he supported adoption of the resolution without the amendment.

 

Council Member Brown said Council Member Herzenberg's situation was a matter between himself and the voters, rather than the Council.  Council Member Brown stated that she could not condone Council Member Herzenberg's actions.  She added that the Council asking for Council Member Herzenberg's resignation could set a dangerous precedent.  Council Member Brown urged the Council to adopt the proposed substitute motion.

 

Council Member Rimer noted that he had been out of town recently and had been unable to confer with others on Council Member Herzenberg's situation.  Council Member Rimer said he found Council Member Herzenberg's situation untenable regardless of whether or not taxes were willfully paid.  Noting that Council Member Herzenberg had done a great deal for the community in the past, Council Member Rimer said he did not understand whether the Council had the right to do anything beyond censuring Council Member Herzenberg.  Mayor Broun inquired whether there were any legal problems with the proposed original motion.  Mr. Karpinos said no.  Council Member Rimer said it was a sad time because the Council and Town stood to lose a colleague with a great deal of stature.

 

Council Member Chilton said he supported Council Member Brown's substitute motion.  Council Member Chilton said it was not the Council's place to tell Council Member Herzenberg what to do.  He said the matter was between the voters and Council Member Herzenberg.  Council Member Chilton said if Council Member Herzenberg believed he could continue to serve on the Council, he would not be afraid of serving along side him.

 

Council Member Werner said it was appropriate for the Council to go on record on the matter.  Council Member Werner said he was comfortable with the original resolution, requesting that Council Member Herzenberg resign as a Council member.

 

 

Mayor Broun said Council Member Herzenberg had an outstanding record, representing the best of all of us.  He noted that the Council was limited by the actions it could take in the matter.  Mayor Broun said the Council had an obligation to make a collective statement on Council Member Herzenberg's situation.  He noted that his initial statement on the situation had been based on a weighing process.  Mayor Broun added that the law was tempered with justice and compassion.  Mayor Broun said he had found it difficult to reach the decision that he could not ask his constituents to have confidence in Council Member Herzenberg's continued service as a Council member.  He noted that the original resolution (0.1) accurately set out what the Council could and should do in the matter.  Mayor Broun said he would vote for the original resolution.

 

Council Member Herzenberg offered an apology for what he had done and said he could not say how sorry, contrite and ashamed he was. Council Member Herzenberg said he did not ask people to forget the misdemeanors for which he had been charged and convicted.  Council Member Herzenberg noted that he had resigned as Mayor pro tempore earlier in the day.  Council Member Herzenberg also said he intended to pay back taxes beyond the statute of limitations.  Council Member Herzenberg also said he had no intention of evading the payment of taxes.  He added that the Town was withholding from his salary checks twice the necessary amount for taxes at his request.  Council Member Herzenberg said it was highly appropriate for the Council to censure him for his failure to pay taxes.  He also said there were strong and principled arguments against asking for his resignation from the Council.  Council Member Herzenberg said he had been punished by the court system and public opinion.  He requested that forgiveness of citizens for his past mistakes.  Council Member Herzenberg said that most people who had contacted him had been supportive.  He added that about ten percent of the persons who had called him had asked him to leave office.  Council Member Herzenberg said he had let people down and lost their trust.

 

Council Member Herzenberg stated that he took his responsibilities as a Council member very seriously.  Council Member Herzenberg said he had a responsibility to all citizens of the Town and those who elected him.  Council Member Herzenberg said it was up to voters to remove him from office.  He also said he would try very hard to make it up to all those he had let down.  Council Member Herzenberg said he would continue to serve as a Council member to the best of his ability.

 

Mayor Broun noted that the substitute motion was on the floor. Council Member Rimer inquired whether it would still be up to Council Member Herzenberg to resign in the event that the original resolution were adopted.  Mayor Broun said yes, noting that it was up to Council Member Herzenberg as to whether or not he should resign.  Council Member Rimer said the net impact of the main and substitute resolutions appeared to be quite similar.

 

Mayor Broun said the resolution proposed by Council Member Werner was a statement of collective judgment of how the Council felt on a particular issue.  Mayor Broun said the Council not only had the right, but an obligation, to pass the proposed resolution.  He stated that there were no legal problems with either resolution.

 

THE SUBSTITUTE MOTION WAS PLACED ON THE FLOOR AND FAILED BY A VOTE OF 4-4, WITH COUNCIL MEMBERS BROWN, CHILTON, HERZENBERG AND RIMER VOTING AYE.

 

Council Member Brown inquired whether it was possible to separate the resolution into two portions, one concerning censure and the other concerning the request for resignation.  Mayor Broun said he assumed Council Member Brown wished to amend the motion into two parts.  Council Member Brown said this was correct.  Mr. Karpinos said if five Council members supported separating the motion into two parts, it was permissible.  Mayor Broun inquired whether the mover and seconder concurred.  Council Members Werner and Capowski said yes.

 

THE ORIGINAL MOTION CONCERNING CENSURE WAS PLACED ON THE FLOOR.

 

Council Member Werner inquired whether it was appropriate for Council Member Herzenberg to vote on the matter.  Mayor Broun said Council Member Herzenberg could be excused if he so requested and the Council approved.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

THE SECOND PORTION OF THE MOTION, CONCERNING THE REQUEST FOR COUNCIL MEMBER HERZENBERG'S RESIGNATION, WAS PLACED ON THE FLOOR.

 

Council Member Herzenberg requested excusal from voting on the matter.  Mayor Broun noted that there were no objections to the request.

 

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 5-2, WITH COUNCIL MEMBERS BROWN AND CHILTON VOTING "NO".

 

Mayor Broun suggested a recess at 8:56 p.m.

 

The meeting reconvened at 9:07 p.m.

 

                       Item 3  Petitions

 

Mr. Horton suggested that annual reports could possibly be considered at the Council's planning and reporting session on August 31st.  The Council concurred.  Council Member Rimer added that it would also be possible to defer consideration of agenda item number seven, concerning the Landfill Owner's Group, to the September 14th meeting.  Mayor Broun said that item number seven was removed by Council consent.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO RECEIVE AND REFER A PETITION BY GINNY TURNER CONCERNING THE REMOVAL OF PARKING RESTRICTIONS ON ONE SIDE OF THE 200 BLOCK OF NORTH BOUNDARY STREET FOR LIBRARY PARKING.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

George Shaw requested that the Council consider naming the proposed North Forest Hills Park in honor of Jonathan Irwin, a young boy recently killed in a tragic bicycle/car accident.  Mr. Shaw said residents of his neighborhood unanimously supported the proposed petition.  Council Member Werner suggested that Mr. Shaw make his proposal again when the special use permit for the North Forest Hills Park was considered by the Council.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECEIVE AND REFER MR. SHAW'S PETITION TO THE MANAGER AND NAMING COMMITTEE.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Mr. Shaw also said that residents of his neighborhood had met to discuss ways to reduce traffic areas in the area.  He stated that safety could be improved by opening and maintaining two pedestrian easements in the area.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECEIVE AND REFER MR. SHAW'S PETITION CONCERNING PEDESTRIAN EASEMENTS.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Baird Grimson thanked the Manager and staff for their responses to the concerns of Westside neighborhood residents.  He also expressed the neighborhood's appreciation for recent sidewalk improvements in the area.  Mr. Grimson said area residents were also looking forward to future safety improvements such as pedestrian crosswalks and four-way stops.

 

Council Member Capowski noted that there had been several serious and fatal accidents on East Franklin Street in the past few years.  He requested that staff provide a statistical report on the accidents, including the speed of cars, the influence of alcohol and drugs in accidents, and driving habits in the area.  Council Member Capowski also requested that staff provide problem-solving options and costs.  Noting that the area had been recognized as dangerous in the past, Council Member Wilkerson inquired how this report would differ from past reports.  Mr. Horton said the report would include updated accident data and an evaluation of possible design solutions.  Council Member Werner said it was important to recognize that the roadway was a state road.  He inquired whether state transportation officials would concur with possible roadway design changes.  Mr. Horton said that state transportation officials were also examining options to address safety concerns in the East Franklin Street/Stroud Hill area.  Mayor Broun noted that the matter was referred to the staff.

 

Council Member Rimer requested that the Manager and Attorney prepare a background document on how remote voting by Council members might occur by telephone or television.  Mayor Broun said staff could provide additional information on this matter.

 

                     Item 4  Appointments

 

Council Member Wilkerson said he and the Leadership Committee recommended the appointment of committee chairs and members to various committees of the Community Response to Violent Crime and Illegal Drug Abuse.  He noted that efforts continued to fill all committee vacancies.  Council Member Wilkerson also said that Council Member Andresen had expressed interest in serving on the Law Enforcement Committee.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO MAKE THE FOLLOWING COMMITTEE APPOINTMENTS.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Criminal Justice Committee   Joel Booker        Ben Callahan

                             Sandi Brownstein   Shelton Edmonson

                             Harry Derr         Nancy Hayes

                             Carl Fox           Julia Joyner

                             Warren Jones       Mary McAllister

                             Arnold Lau         Ben Perkowski

                             Mae McLendon       James Williams

                             Chawanda C. Sims

 

Downtown Committee           Mildred Council

                             Mickey Ewell (Chair)

                             Todd Zapolski      Erwin Shatzen

                             Joe Herzenberg     Johnny Williams

                             Robert Humphreys   Bill Loeser

 

Economic Opportunities       Ted Abernathy (Chair)

 

Law Enforcement and          James Brittain     Rebecca S. Clark

Support Services             Alana Ennis        James Huegerich

                             Paul E. Knight     Caroline B. Long

                             Elsie Pickett      Darren Skeen

                             Vince Stevens      Howard L. Watson

                             Julie Andresen (Council Member)

                             Rosemary Waldorf (Chair)

 

News Media Committee         Mark Chilton       Robert Parks

                             Beth Deacon        Rafael Paul

                             Stan Hojnacki      Doug Rogers

                             Clifton Metcalf    Mark Schultz

                             Peter Wallsten     Kevin Schwartz

                             Neil Offen (Chair)

 

Sexual Assault and           Melida Colindres   Polly Guthrie

Domestic Violence            Jan Stone          Carolyn Hutchison

                             Adam Goldstein     Tom Maynard

                            Ruth Schor

                             Kit Gruelle (Co-Chairperson)

                             Sabrina Garcia (Co-Chairperson)

 

Youth Committee              Jacqueline Gist    Carol Calloway

                             Frank Loda         Betsy Jones

                             George Price       Darryl Roseboro

                             Susan Worley       Annette Zarriello

                             Jay Bryan (Chair)  Steven Mullinix

 

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO APPOINT BETTY CLOUTIER TO THE ENDOWMENT FOR PUBLIC ART COMMITTEE.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, DIRECTING STAFF TO SOLICIT APPLICATIONS FOR FIVE TOWN REPRESENTATIVES ON THE TRIANGLE FIXED GUIDEWAY ADVISORY GROUP.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

           Item 5  North Street Subdivision, Phase 4

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO OPEN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Mr. Horton requested that materials pertaining to the application be entered into the record of the hearing.  Mayor Broun concurred with the request.

 

Planning Director Roger Waldon said the applicant was seeking preliminary plat approval for seven lots in the North Street Subdivision, Phase 4.  He said the revised plat included seven lots with increased buildable area on steep slopes than the earlier proposed nine-lot subdivision.  Mr. Waldon said the staff believed that the proposal would comply with the Town's Development Ordinance and addressed concerns raised at earlier public hearings.

 

Council Member Chilton requested additional information on a proposed t-turnaround.  Mr. Waldon provided information, noting that the proposed arrangement was adequate.  Council Member Rimer inquired about the meaning of "L" on one of the lots.  Mr. Waldon said this depicted a landscape protection easement.  Council Member Rimer inquired whether it was possible for the applicant to request additional resubdivisions of lots in the application in the future.  Mr. Waldon said yes.  Council Member Rimer asked whether there was any way to stipulate that this could not be done.  Mr. Waldon said he believed this was not possible.  Council Member Rimer  asked whether future requests for resubdivision would have to be considered by the Council.  Mr. Waldon said this was correct. Council Member Rimer said the proposed subdivision was a reasonable compromise.

 

Gerry Barrett said he accepted the proposed conditions of approval outlined in Resolution 1a.

 

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

 

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

 

A RESOLUTION APPROVING AN APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR NORTH STREET SUBDIVISION PHASE IV (SD-79B-25) (92-8-24/R-1a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the subdivision proposed by Gerry Barrett for The Little Creek Company, on property identified as Chapel Hill Township Tax Map 79B, Lot 25, if developed according to Preliminary Plat dated  May 9, 1992 (revised July 31, 1992) and the conditions listed below, would comply with the Development Ordinance:

 

 

           Stipulations Specific to the Development

 

1.   Flag Lots:  That this approval shall not permit the creation of any flag lots and the total number of lots approved shall not exceed seven (7).

 

2.   Historic District Commission Approval:  That all proposals for structures, including houses, fences, guardrails or other permanent safety barriers, garages, and storage sheds, be reviewed for approval by the Historic District Commission.  A Certificate of Appropriateness will be required prior to issuance of a Building Permit.  A note to this effect will be added to the final plat.

 

3.   Curbside Collection for Steep Lots:  That a note be added to the final plat indicating that refuse collection may be restricted to curb-side service.

 

4.   Required Improvements:

 

     a.   Sidewalk:  That a 4-foot brick sidewalk be provided along the uphill (south) side of North Boundary Street.  The sidewalk plans must be reviewed and approved by the Historic District Commission before issuance of a Zoning Compliance Permit.

 

     b.   Street Improvements:  That the extension of North Boundary Street be constructed to Town standards, except that the pavement width be limited to 23 feet.  Curb and gutter shall be provided.  The street and T-turn around shall include appropriate right-of-way widths.

 

     c.   Side Slopes and Safety Barriers:  That steep side slopes of 1.5:1 - 2:1 be constructed along the street to minimize the area necessary for grading.  A slope stabilization plan will be required for slopes of 2:1 or steeper.  Guardrails or other safety barriers will be required on the downhill side of the street.

 

     d.   Parking:  That on-street parking be prohibited, and that a note to this effect be placed on the final plat.

 

     e.   Turnaround:  That the T-turnaround near the end of the street be at least 55 feet long, and that a 10-foot wide right-of-way be provided beyond the pavement.

 

5.   That there shall be no vehicular access to Lots 4, 5, and 6 from the east (Tenney Circle/North Street).

 

6.   That vehicular access to Lots 5 and 6 be restricted to a shared driveway.

 

 

          Stipulations Related to Landscape Elements

 

7.   Landscape Easement:  That the proposed landscape easement be indicated on the final plat and the final plans as an easement which prohibits land disturbance or the removal of vegetation and which prohibits the location of structures.  Notes on the plat shall include the following:

 

          This area is to remain as undisturbed vegetated buffer.  No grading, building, clearing, or cutting of live healthy trees is permitted in this area.

 

8.   Landscape Protection Plan:  That a Landscape Protection Plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit; and that tree protection fences be shown on the final plans and installed at the limits of clearing to protect existing trees and their root systems before the initiation of land-disturbing activities.

 

 

  Stipulations Related to the Resource Conservation District

 

9.   Boundaries:  That the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance."

 

10.  Setback:  That any restrictive covenant applicable to lots adjacent to the Resource Conservation District not require greater setbacks than those required by the Development Ordinance.

 

11.  Variances:  That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval.

 

12.  Buildable Area:  That buildable area for the lots be indicated on the final plat.  Buildable area shall indicate the limits of clearing and grading for houses and garages.

 

 

   Stipulations Related to Water, Sewer, and Other Utilities

 

13.  Detailed Plans:  That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager before issuance of Zoning Compliance Permit or application for final plat 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 the Design Manual.

 

14.  Hydrant:  That a triple hydrant be installed along the street at a location approved by the Town Manager.

 

15.  Water Line:  That an 8-inch water line be installed along the street to serve the hydrant and the new lots.

 

16.  Fire Flow:  That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

 

17.  Utility Service Laterals for Preliminary Plat Applications:  That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot.  Sanitary sewer laterals shall be capped off above ground.

 

18.  OWASA Easements for Preliminary Plat Applications:  That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

 

19.  Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by OWASA, Duke Power, Cablevision, Public Service Company, Southern Bell, and the Town Manager, before issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.

 

     In addition, the lighting plan must be reviewed and approved by the Historic District Commission prior to issuance of a Zoning Compliance Permit.

 

 

                  Miscellaneous Stipulations

    

20.  Traffic Signs:  That the property owner shall be responsible for placement and maintenance of temporary regulatory traffic signs, including street name signs, before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

 

21.  For Developments with New Street Names/Numbers:  That name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

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

 

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

 

24.  Certificate of Occupancy:  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 plat.

 

     If the Town Manager approves a phasing plan, no Certificate of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.

 

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

 

26.  Non-Severability:  That if any of the above conditions is held to be invalid, this approval in its entirety shall be void.

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat approval of North Street Subdivision Phase IV in accordance with the plans and conditions listed above.

 

This the 24th day of August, 1992.

 

 

Mayor Broun noted that he had inadvertently omitted Mike Hoffer from petitioners earlier in the meeting.  Mr. Hoffer requested that the Council direct staff to examine the possibility of revising parking requirements for small development projects.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE AND REFER MR. HOFFER'S PETITION.

 

Council Member Werner said it might make sense to change parking requirements for smaller development projects.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 6  Report on Reducing Violent Crime & Illegal Drug Abuse

 

Council Member Wilkerson said the task force had a total of forty-nine recommendations cutting across the community, with an emphasis on the need for involvement by a number of different agencies.  He stated that action had been taken on sixteen of the forty-nine recommendations, including provision of an office skills training program for public housing residents.  He added that dynamic and innovative drug elimination programs were underway as was a Business Watch program in the downtown and Pine Knolls area.  Council Member Wilkerson also noted that staff was working on adding a third Head Start class in the community.  He stated that the Town's Parks and Recreation Department had coordinated a variety of activities including a summer basketball league and a variety of programs, in concert with the Mission for Excellence, at the Hargraves Center.  Council Member Wilkerson noted that the community response was still seeking a volunteer coordinator.

 

Council Member Werner said the amount of activity by the task force in just nine to ten months was impressive.  Council Member Wilkerson commended Town staff, especially Ms. Loewenthal and Toni Pendergraph for their efforts related to the program.  He added that Council Members Chilton and Herzenberg had also been very supportive.

 

 

Item 7, concerning Landfill Owners Group matters, was deferred to September 14th.

 

             Item 8  Parking Ordinance Amendments

 

Transportation Director Bob Godding briefly reviewed changes in the Town Code pertaining to parking and towing provisions.  He noted that the Transportation Board had reviewed the proposed changes and recommended adoption of Ordinance 1.

 

Council Member Capowski inquired how frequently cars were abandoned on Town streets.  Mr. Godding said this was infrequent occurrence.  Council Member Capowski asked how cars parked overtime were handled by the Town.  Mr. Godding stated that cars left over seven days were considered to be abandoned and were towed without a pre-towing notice.  Council Member Capowski asked when cars were towed from metered spaces.  Mr. Godding said that cars would have to be parked in spaces for at least seven days prior to towing.  Council Member Chilton requested a clarification of Section 21-25.1 concerning notices for vehicle abandonment on Town property.  Mr. Godding said that towing from Town property did not generally occur until after at least forty-eight hours.  Mr. Karpinos said this was consistent with state law.

 

Council Member Capowski asked whether other towns had fines greater than $50 for illegally parking in handicapped spaces.  Mr. Godding said comparisons of this fine had not been made with other communities.  Council Member Rimer noted that signs at his place of business called for a $100 fine for persons violating handicapped parking provisions.  He also inquired whether the Town would have to enact new regulations to enact the use of a Denver boot for illegally parked vehicles.  Mr. Godding said the University had the authority to use the device, but the Town did not have similar authority.  Mr. Godding said Town staff would continue to monitor the situation.  Mayor Broun said the North Carolina League of Municipalities might have additional information on the use of devices such as the Denver boot.  Council Member Brown asked how much the devices cost and how many would be needed by the Town.  Mr. Godding said this situation had not been examined by the Town.

 

Council Member Capowski asked whether fines for illegal handicapped parking could be higher than $50.  Mr. Karpinos said he could examine the matter in greater detail.  Council Member Capowski said he felt strongly about non-handicapped persons parking in spaces for handicapped persons.

 

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

 

AN ORDINANCE REVISING CHAPTER 21 OF THE TOWN CODE RELATED TO PARKING VIOLATIONS AND TOWING OF VEHICLES FOUND IN VIOLATION OF THE TOWN CODE (92-8-24/O-1)

 

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

 

                           SECTION I

 

Sec. 21‑2. Traffic bureau. is hereby revised to read as follows:

 

"Sec. 21.2. Reserved."

 

 

                          SECTION II

 

Article IIIA. TOWING PROCEDURES is hereby revised to read as follows:

 

               "ARTICLE IIIA. TOWING PROCEDURES

 

Sec. 21‑18.2.  Towing of illegally parked vehicles.

 

     (a)   The Police and Transportation Departments of the Town of Chapel Hill are hereby authorized to remove to a storage garage or area any vehicle which has been left upon a street or highway or sidewalk within the Town in violation of any State law prohibiting parking.

 

     (b)   The Police and Transportation Departments of the Town of Chapel Hill are hereby authorized to remove to a storage garage or area any vehicle which has been left upon a street or highway or sidewalk within the Town in violation of any of the following provisions of the Town Code prohibiting or regulating parking:

 

    1. Sec. 21‑20.   Interference with traffic.

    2. Sec. 21‑20.1. Parking on sidewalk prohibited.

    3. Sec. 21‑20.2. Fire lanes.

    4. Sec. 21‑20.3. Use of certain fire lanes.

    5. Sec. 21‑20.4. Restrictions on use of certain public alleys

    6. Sec. 21‑27.1. No parking during certain hours.

    7. Sec. 21‑27.3  Bike lane overlay zones.

    8. Sec. 21‑28.   No parking, miscellaneous regulations.

    9. Sec. 21‑28.1  Bus stops.

   10. Sec. 21‑35.   Loading and unloading of delivery vehicles.

   11. Sec. 21‑36.  Parking space reserved for handicapped individuals.

 

     The listing of specific sections in this subsection does not limit the authority of the Town to tow and impound vehicles where that authority is otherwise specifically stated in a provision of State law or Town ordinance.

 

     (c)  The Police and Transportation Departments of the Town of Chapel Hill are hereby authorized to remove to a storage garage or area any vehicle which has been left upon a street or highway or sidewalk within the Town in violation of any other provision of the Town Code prohibiting or regulating parking if, upon determination of a violation and checking of the records of the Town, it is determined that there are four or more outstanding violations of any Town parking regulations for the same vehicle which have not been paid or otherwise cleared of record.

 

     (d)  The Police and Transportation Departments of the Town of Chapel Hill are hereby authorized to remove to a storage garage or area any vehicle which is parked in a Town‑owned parking lot in violation of any ordinance adopted regulating the parking in said lot; provided, however, that said lot is clearly marked by a sign no smaller than 24 inches by 24 inches, displayed at the entrance to said lot, stating the ordinance regulations with respect to that lot.

 

Sec. 21‑18.3.  Post‑towing notice procedures.

 

     (a)  Whenever a vehicle has been removed, towed in and impounded under this ordinance, the Town Manager or his designee shall immediately notify the last known registered owner of the vehicle.  If the vehicle has a North Carolina registration plate or registration, notice shall be given to the owner within 24 hours.  If the vehicle is not registered in this State, notice shall be given to the owner within 72 hours.  This notice shall, if feasible, be given by telephone.  Whether or not the owner is reached by telephone, notice shall be mailed by certified mail to his or her last known address unless the owner or the owner's agent waives this notice in writing.  A record of the form and manner of notice to the owner shall be maintained in the Town's records.

 

     (b)  The notice required shall include the following:

 

     (1)  A description of the vehicle, including any license plate number;

 

     (2)  The location from which it was towed and the location where the vehicle is stored;

 

     (3)  A summary of this article, including the procedures for requesting a hearing and reacquiring possession of the impounded vehicle;

 

     (4)  A statement that the vehicle is alleged to have violated a traffic or parking ordinance of the Town or State and the specific violation alleged;

 

     (c) If reasonable means fail to locate the owner or the owner's agent, the notice required by this section shall be given by publication in a newspaper of general circulation in Orange County.

 

Sec. 21‑18.4.  Post‑towing procedures for return of vehicle and  hearing.

 

     (a)  The owner of a vehicle impounded under this Article, or his agent, may request an administrative hearing within seven (7) days after the delivery of the notice, or the equivalent publication thereof, or seven (7) days after he learns such vehicle has been impounded, whichever occurs first, to determine if there was probable cause to impound the vehicle under this Article.  The hearing shall be conducted before an official designated by the Town Manager, who shall not be any person who is in the chain of command of the Town employee effecting the impoundment.  The hearing shall be conducted as soon as possible, but in any event within forty‑eight (48) hours after a request for it unless a later time is agreed to in writing by the person requesting the hearing.

 

     Failure of the owner or his agent to request or attend a scheduled hearing shall waive his right to such hearing.

 

     (b)  The hearing officer shall determine only if there was probable cause to impound the vehicle under the provisions of this Article.  "Probable cause to impound" shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was a sufficient breach of local, State or federal law to grant legal authority for the removal of the vehicle and that all required procedures were followed.  The person requesting the hearing shall have the burden of establishing his right to possession of the vehicle.  The officer effecting the tow shall have the burden of establishing that there was probable cause to impound the vehicle.

 

     The hearing officer shall render his decision in writing and provide a copy to the person requesting the hearing.

 

     (c)  (1)  If no probable cause is found, the hearing officer shall refund or cause to be refunded any bond previously posted and shall direct in writing that the vehicle be released from impoundment to its owner or his agent.  If no probable cause if found, towing and storage fees shall be paid by the Town in accordance with its contractual arrangements for such services.  If the vehicle's owner or his agent fails to claim it from impoundment by 5:00 p.m. on the first working day after the date of the decision, he shall assume liability for all subsequent storage charges.

 

          (2)  If probable cause is found to have impounded the vehicle, the hearing officer shall so notify the Town Manager or his designee in writing and shall direct that the vehicle be released only upon payment to the Town of its towing and storage fees and related notification costs.

 

 

     (d)  If no hearing is requested or if it is waived, the owner of an impounded vehicle or his agent may regain possession of the vehicle by paying to the Town its towing and storage fees and related notification costs.

 

     (e)  The owner of a vehicle impounded under this Article, or his agent, may regain possession of it prior to the hearing by posting a cash bond in the amount of the Town's towing and storage fees and related notification costs.  The cash bond shall be forfeited to the Town if such person does not request a hearing hereunder or if he fails to attend a scheduled hearing.

 

     (f)  All witnesses at the hearing shall be sworn before a notary public or other such official authorized to administer oaths.  The hearing officer's decision shall be based on material, substantial and competent evidence presented at the hearing.  The owner or his agent shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify.  A record of the hearing officer's decision shall be made that contains his decision and a brief, concise statement of the reason for it.

 

     (g)  Any decision of the hearing officer may be appealed to Orange County District Court as provided by N.C.G.S. Sec. 160A‑ 303(d)(2)(c).

 

 

Sec. 21‑18.5.  Storage and towing fees and related notification

              costs.

 

     (a)  All storage and towing fees and related notification costs incurred by the Town or imposed upon the owner of the vehicle or his agent as a result of its towing‑in and impoundment shall constitute a lien upon such vehicle.  The vehicle may not be released until these costs have been paid or until the owner or his agent has posted the appropriate bond under this Article, unless the hearing official conducting a hearing under section 21‑ 18.4 determines that no probable cause to tow and impound the vehicle exists.

 

     (b)  In the event any vehicle towed under the provisions of this Article is not returned to the owner following a hearing, or as a result of fees and charges being paid, the Town may proceed to sell or otherwise dispose of said vehicle as authorized by N.C.G.S. Sec. 160A‑303(d)(2)(e).

 

 

Sec. 21‑18.6. Reserved.

 

 

Sec. 21‑18.7. Reserved."

 

                          SECTION III

 

Article IV. Stopping, Standing and Parking is hereby revised by adding the following:

 

"Sec. 21‑25.1.  Abandoned vehicles on Town property.

 

     It shall be unlawful to leave any motor vehicle on property owned or operated by the Town for longer than 24 hours.  Any motor vehicle left on property owned or operated by the Town for longer than 24 hours shall be considered abandoned and shall be subject to towing and impoundment; provided, however, that such vehicle shall not be subject to being towed under the provisions of this article for such a violation until notice of violation shall be placed on the vehicle 48 hours prior to said towing.

 

Sec. 21‑25.2.  Abandoned vehicles on public streets.

 

     It shall be unlawful to leave any motor vehicle on a public street or highway for longer than seven days .  Any motor vehicle left on a public street or highway for longer than seven days shall be considered abandoned and  shall be subject to towing and impoundment; provided, however, that such vehicle shall not be subject to being towed under the provisions of this article for such a violation until notice of violation shall be placed on the vehicle for 48 hours prior to said towing."

 

                          SECTION IV

 

Sec. 21‑28. No parking, miscellaneous regulations.  is hereby amended by adding the following to the end of the section:

 

    "(g) It shall be unlawful to park so as to create a hazard or significant obstruction to the normal movement of traffic.

 

     (h) It shall be unlawful to park a motor vehicle so as to block a private driveway.

 

     (i) It shall be unlawful to park within fifteen (15) feet in either direction of a fire hydrant.

 

     (j) It shall be unlawful to park so as to hinder egress from the entrance to a fire station or otherwise significantly impede provision of an essential Town service.

 

     (k) It shall be unlawful to obstruct a fire lane or a bicycle lane."

 

 

                           SECTION V

 

Sec. 21‑28.2.  Parking in off‑street parking facilities owned or operated by the Town. is hereby amended by rewriting the last sentence of paragraph (a) as follows:

 

     "Any person who removes a vehicle pursuant to this section shall not be held liable for damages for the removal of the vehicle to the owner, lienholder or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle in the removal of such vehicle, or intentionally or negligently inflicts injury upon any person in the removal of such vehicle, may be held liable for damages."

 

 

                          SECTION VI

 

Sec. 21‑38. Civil Penalties. is hereby rewritten as follows:

 

"Sec. 21‑38. Civil Penalties.

 

     (a) The penalty for any violation of sections 21‑29, 21‑30, 21‑32, 21‑33, and 21‑37.1 shall be five dollars ($5.00).

 

     (b) The penalty for any violation of section 21‑36 shall be fifty dollars ($50.00).

 

     (c) The penalty for violation of any other parking regulations of Articles IV and V of Chapter 21 of this Code shall be twenty‑five dollars ($25.00).

 

     (d) Upon receiving a citation, serving as notice of a violation of the parking regulations set forth in this chapter, the owner or operator of the vehicle found in violation shall be responsible for the penalties herein established.

 

     (e) Any penalty for a parking violation that is not paid within fifteen (15) days of issuance will accrue an additional penalty of five dollars per fifteen (15) days it remains unpaid.

 

     (f) The maximum total combined fine and penalties for a five dollar ($5.00) violation shall be twenty‑five dollars ($25.00). The maximum total combined fine and penalties for a twenty‑five dollar ($25.00) violation shall be forty‑five dollars ($45.00). The maximum total combined fine and penalties for a fifty dollar ($50.00) violation shall be seventy dollars ($70.00).  When the maximum is reached for either a single violation or more than one violation for the same owner or operator, he/she will be notified in writing of the intent of the Town to pursue claims through appropriate civil action or through referral to a collections agency.  Once a civil action is initiated, any fees involved in the civil action will be added to the settlement in each action.

 

     (g)  The penalties imposed under this section shall be collected solely as civil penalties and no parking penalties or fines provided in Articles IV and V of Chapter 21 of this code shall be enforced through criminal misdemeanor or infraction process.  This section shall not be construed as limiting any authority of the Town to tow or remove any vehicle violating any provision of Chapter 21 for which said removal is otherwise authorized and to charge the owner of such vehicle with the costs of removal and storage in accordance with the process and procedures contained in this chapter."

 

                          SECTION VII

 

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

 

                         SECTION VIII

 

That this ordinance shall be effective on September 1, 1992.

 

This the 24th day of August, 1992.

 

 

               Item 9  Council Meeting Calendar

 

Mr. Horton briefly reviewed the proposed calendar, noting that the Council might wish to make adjustments in the proposed budget review calendar.  He noted that the proposed meeting to discuss OWASA matters was scheduled for Thursday, September 3rd at 6:00 p.m.  Council Member Rimer said he did not think enough would be accomplished on OWASA matters to justify holding another meeting.  Council Member Herzenberg said he believed that Council Member Andresen would argue against Council Member Rimer's position on the matter.  He noted some OWASA matters arising from the last Assembly of Governments meeting remained unresolved.  Council Member Werner suggested that OWASA matters might be worth discussing when OWASA was ready to respond.  Mr. Horton suggested that the Council might consider referring OWASA matters to the Mayor's Committee on OWASA matters.  Council Member Chilton said this was a very good idea.  Mayor Broun said the Council consensus appeared to be to refer current OWASA matters to the Mayor's Committee on OWASA matters, rather than holding a meeting on September 3rd.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 6.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING A CALENDAR OF COUNCIL MEETINGS INCLUDING QUARTERLY PLANNING AND REPORTING SESSIONS, AND A PROCESS AND CALENDAR FOR DEVELOPING THE 1993-94 BUDGET, 1993‑1998 CAPITAL IMPROVEMENT PROGRAM AND 1993-94 COMMUNITY DEVELOPMENT APPLICATION (92‑8‑24/R‑6)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the attached calendar of meetings through 1992 and for 1993.

 

Except as otherwise noted above or hereafter otherwise specified by the Council, meetings held pursuant to this resolution shall begin at 7:30 pm.

 

This the 24th day of August, 1992.

 

 

Item 10, Annual Reports, was deferred to August 31st.

 

                    Item 11  Consent Agenda

 

Council Member Herzenberg requested removal of item e.  Council Member Brown requested removal of items c and k.  Council Member Werner requested removal of items l and g.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT THE BALANCE OF THE CONSENT AGENDA.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING VARIOUS ORDINANCES AND RESOLUTIONS

(92-8-24/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 Town Manager in regard to the following:

 

          a.   Minutes of June 22, 23, July 6 and August 20.

          b.   Budget amendment for sales taxes and Erwin Village funding (O-2).

          c.   Budget amendment for cable consulting (O-3).

          d.   Triangle Transit Authority budget and personnel changes (O-4, 5, 6).

          e.   Fund-raising for old cemetery (R-9).

          f.   Trolley advertising rates (R-10).

          g.   Calling public hearing on R-2a DOTA (R-11).

          h.   Calling public hearing on 5-acre Development Ordinance Text Amendment (R-12).

          i.   Hamilton Road parking restrictions (O-7).

          j.   Senlac Road parking restrictions (O-8).

          k.   NCDOT state maintenance of roads rights-of-way

              (R-13).

          l.   Continuation of roll-cart refuse collection (R-14).

          m.   HOME grant fund allocation (R-15).

 

This the 24th day of August, 1992.

 

 

AN ORDINANCE AMENDING THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUES FOR THE FISCAL YEAR BEGINNING JULY 1, 1992 (92-8-24/O-2)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1992 as duly adopted on June 8, 1992, be and the same is hereby amended as follows:

 

                           SECTION I

 

That $290,000 in the Capital Reserve Fund formerly reserved for water and sewer purposes is hereby removed from the Capital Reserve Fund and transferred to the Capital Improvements Fund in the amounts and for the purposes as follows:

 

     Fire Hydrants and Water Line Improvements       $230,000

     Availability Charges for Erwin Village homes         $ 60,000

 

This the 24th day of August, 1992.

 

 

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1992"  (92‑8‑24/O-4)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and The Raising of Revenue for the Fiscal Year Beginning July 1, 1992" as adopted on June 8, 1992 be and the same is hereby amended as follows:

 

                           ARTICLE I

 

APPROPRIATIONS

                    Current                        Revised

                    Budget   Increase  Decrease    Budget

TRANSPORTATION FUND

 

  Administration        486,476     16,308      0       502,784

 

  Operations          3,193,740    156,397      0     3,350,137

 

  Maintenance           730,294     12,015      0       742,309

 

 

                          ARTICLE II

 

REVENUES

                        Current                         Revised

                        Budget    Increase  Decrease    Budget

 

TRANSPORTATION FUND   4,621,052    184,720            4,805,772

 

 

This the 24th day of August, 1992.

 

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN (92‑8‑24/O-5)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials Beginning July 1, 1992 (92‑6‑8/O‑2) as follows:

 

IN Section IV, C, DELETE the lines:

 

 

                        Full‑time       Part‑time

                        No.   Hrs.      No.   Hrs.       Grade

 

Bus Driver I            52   37.5‑40     28   varies      14

 

and ADD the lines:

 

Bus Driver I            54   37.5‑40     31   varies      14

 

 

This the 24 day of August, 1992.

 

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN (92‑8‑24/O-6)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials Beginning October 1, 1992 (92‑6‑8/O-3) as follows:

 

IN Section IV, C, DELETE the lines:

 

 

                        Full‑time       Part‑time

                        No.   Hrs.      No.   Hrs.       Grade

 

Bus Driver I            52   37.5‑40    28   varies      15

 

and ADD the lines:

 

Bus Driver I            54   37.5‑40    31   varies      15

 

 

This the 24 day of August, 1992.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO AMEND THE SERVICE AGREEMENT WITH THE CHAPEL HILL/CARRBORO DOWNTOWN COMMISSION TO PROVIDE FOR THE SALE OF TROLLEY AND BUS ADVERTISING (92‑8‑24/R‑10)

 

WHEREAS, the Town of Chapel Hill operates public transportation services within the Towns of Chapel Hill and Carrboro, and currently sells advertising space on its vehicles; and

 

WHEREAS, the Chapel Hill/Carrboro Downtown Commission currently contracts with the Town for certain services in the downtown area including the operation of trolley shuttle service and the sale of advertising on those vehicles; and

 

WHEREAS, The Town would like to expand the revenue received from the sale of advertising space;

 

WHEREAS, The Chapel Hill/Carrboro Downtown Commission has requested that the Town reduce the rates for trolley and bus advertising and contract with the Commission for the sale of such advertising in return for a commission of 50% of the gross revenues from any such sale.

 

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 Chapel Hill/Carrboro Downtown Commission for the sale of trolley and bus advertising rates.  Furthermore the Council amends the advertising rates contained in the Transportation User Fee Policy as follows:

 

                      TOWN OF CHAPEL HILL

 

                   TRANSPORTATION DEPARTMENT

 

            SCHEDULE OF BUS CARD ADVERTISING RATES

 

                 (Effective September 1, 1992)

 

STANDARD ADVERTISING (Includes buses or trolleys)

 

Full Showing                   Half Showing

(54 buses or 2 trolleys)            (27 buses or 1 trolley)

 

1‑2 Months..........$69/mo.    1‑2 Months..........$42/mo.

3‑5 Months..........$65/mo.    3‑5 Months..........$39/mo.

6‑8 Months..........$62/mo.    6‑8 Months..........$37/mo.

9‑11 Months.........$59/mo.    9‑11 Months.........$35/mo.

12 Months and up....$55/mo.    12 Months and up....$33/mo.

 

 

COMBINATION RATE (Includes buses and trolleys)

 

Standard rate plus 25%.

 

              Bulkhead Cards (Full Showing Only)

 

              1‑2 Months................$106/mo.

 

 

NON‑PROFIT ORGANIZATION ADVERTISING

 

Rates above less a 50% Discount.

 

PUBLIC SERVICE ANNOUNCEMENTS

 

Public Service Announcements will be placed for a maximum of 90 days for a $25 service fee, as space is available.

 

AD REPLACEMENT FEE

 

Any advertiser who has paid for an ongoing ad may replace the ad copy for a service fee of $25.  New ads should be delivered to Chapel Hill Transit.

 

TRANSIT GUIDE ADVERTISING

 

Limited advertising space may be available on annual Transit Guides.  Rates will be established on a cost plus basis and will vary depending on the size, location, and costs of printing.  In all cases, rates should include a profit of 10‑50% over the cost of the ad.

 

 

DEFINITIONS:

 

Non‑Profit Organizations are those which are legally set up as Non‑Profit Corporations and whose advertisements are placed to encourage the use of that organization's goods and services.  Social service agencies are considered to be Non‑Profit Organizations if they charge for their services. Religious groups and partisan political organizations are included in this category.

 

Public Service Announcements (PSA's) are those placed to promote services which will benefit the general public.  Notices for public meetings, voter registration and charity drives are typical Public Service Announcements.  Public agencies and charitable organizations are examples of groups eligible to place PSA's.

 

GUIDELINES:

 

1.   10% discount for full rate advertisers with 2 or more ads per bus.

 

2.   No Agency discounts.

 

3.   Advertisers will be invoiced monthly.

 

4.   Chapel Hill Transit owns 54 buses and two trolleys. Advertisers should supply an additional 10% cards for runs of 1 to 3 months, 25% for 3 to 6 months, and 100% for 6 months or more.

 

5.   Cards will be placed in the buses on the first Saturday following delivery of the cards to the Transportation Office, located at 1089 Airport Road.

 

6.   Card specifications:

 

     a.   Ads must be printed on at least 5 ply cardboard stock.

 

     b.   Cards for bus overhead racks must be 11" top to bottom, 25" ‑ 28" side to side, with no printing within 3/8" of any edge.

 

     c.   Bus Bulkhead cards must be 21 1/2" top to bottom, 21" side to side, with no printing within 3/8" of any edge.

 

     d.   Trolley ad dimensions are 17.5" wide X 23.5" tall or 38" wide X 7" tall.

 

7.   Chapel Hill Transit reserves the right to review and approve any bus cards before placement.

 

     a.   Advertisements should be of a reputable character, should conform to recognized business standards, and should not conflict with any federal, state or local laws or regulations, including those established by the Appearance Commission for the Town of Chapel Hill.

 

     b.   Liquor (including beer and wine), cigarette, and massage parlor advertising will not be acceptable.

 

     c.   Advertisements must be professionally designed and printed.

 

This the 24th day of August, 1992.

 

 

A RESOLUTION SCHEDULING A PUBLIC HEARING TO CONSIDER A DEVELOPMENT ORDINANCE TEXT AMENDMENT REGARDING CREATION OF NEW ZONING DISTRICTS (92-8-24/R-12)

 

WHEREAS, the Council of the Town of Chapel Hill adopted the Southern Small Area Plan as a component of the Town's Comprehensive Plans on June 23, 1992;

 

WHEREAS, the Council on June 23, 1992 directed the Manager to pursue the schedule for implementation outlined in the Discussion Paper, Implementation of the Small Area Plan, dated June 22, 1992; and

 

WHEREAS, an element of the discussion paper involved the creation of new zoning districts;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Monday, October 19, 1992 to discuss possible changes to the Chapel Hill Development Ordinance involving the creation of new residential zoning districts.

 

This the 24th day of August, 1992.

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (92-8-24/O-7)

 

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

 

                           SECTION I

 

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

 

   Street

    Side

    From

     To

 

 

 

 

Hamilton Rd

West

The Center

of N.C. 54

A point 200 feet north.

 

Hamilton Rd

East

The Center

of N.C. 54

A point 100 feet north.

 

Hamilton Rd

East

The Center

of Audley Ln

A point 60

feet north.

 

Hamilton Rd

East

The Center

of Audley Ln

A point 60

feet south.

 

 

                          SECTION II

 

That Section 21-27.1(c) "No parking during certain hours" is amended by inserting the following therein in appropriate alphabetical order.

 

         (c) 9:00 am - 4:00 pm  Monday through Friday

 

 

 

 

   Street

    Side

    From

     To

 

Hamilton Rd

East

A point 100 feet north of the

center of NC 54

A point 60 feet south of the

center of Audley Ln

 

Hamilton Rd

East

A point 60 feet north of the

center of Audley Ln

A point 110 feet north of the

center of Audley Ln

 

Hamilton Rd

West

The center of NC 54

A point 200 feet north

 

 

                          SECTION III

 

These ordinances shall be effective on Monday, September 21, 1992.

 

                          SECTION IV

 

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

 

This the 24th day of August, 1992.

 

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (92-8-24/O-8)

 

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

 

                           SECTION I

 

That section 21-27.1 (c) of the Town Code of Ordinances, "No parking during certain hours" is amended by deleting the following therein:

 

               9:00am - 4:00pm  Monday - Friday

 

   Street

    Side

    From

     To

 

Senlac Road

South

Full Length

Full Length

 

                          SECTION II

 

That Section 21-27.1 (d) of the Town Code of Ordinance, "No parking during certain hours" is amended by inserting the following therein in appropriate alphabetical order.

 

                       10:00pm - 6:00am

 

   Street

    Side

    From

     To

 

Senlac Road

South

Full Length

Full Length

 

                          SECTION III

 

That Section 21-27.1 of the Town Code of Ordinance, "No parking during certain hours" is amended by adding a new item (e) 9:00am to 4:00pm and inserting the following therein in appropriate alphabetical order.

 

                        9:00am - 4:00pm

 

   Street

    Side

    From

     To

 

Senlac Road

South

Full Length

Full Length

 

                          SECTION IV

 

These ordinances shall be effective on Monday, September 28, 1992.

 

                           SECTION V

 

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

 

This the 24th day of August, 1992.

 

 

A RESOLUTION REGARDING AN APPLICATION BY ORANGE COUNTY ON BEHALF OF THE ORANGE COUNTY HOUSING CONSORTIUM FOR HOME GRANT FUNDS

(92-8-24/R-15)

 

BE IT RESOLVED by the Town Council of Chapel Hill that the Council approves the proposal described in the Manager's report on this matter dated August 24, 1992 to increase the requested amount for moderate rehabilitation of housing from $450,000 to $650,000 in the 1992 HOME grant application to be submitted by Orange County, as the designated lead entity in the Orange County Housing Consortium, to the North Carolina Department of Economic and Community Development.

 

This the 24th day of August, 1992.

 

 

Council Member Brown inquired about the anticipated cost and need for a consultant on cable television matters.  Assistant to the Manager Greg Feller said proposals had been received from nine firms, with a variety of skills and expertise, and estimated costs ranging between $60,000 and $70,000.  Mr. Feller said review of the Town's cable television franchise involved technical and legal expertise beyond the scope of Town staff.  Council Member Brown asked whether additional cable consultant fees would be incurred in the future.  Mr. Feller said this possible due to the need for extensive legal assistance.  Council Member Brown said the staff's reasoning on the need for consultant services seemed logical.  Council Member inquired about the estimated annual revenues from the Town's cable television franchise fee.  Mr. Feller said $150,000 to $160,000.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, 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, 1992 (92-8-24/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, 1992" as adopted on June 8, 1992 be and the same is hereby amended as follows:

 

 

                           ARTICLE I

                   Current                             Revised

APPROPRIATIONS     Budget      Increase    Decrease    Budget

 

GENERAL FUND

 

     Manager       719,724      10,000                 729,724

 

REVENUES

 

GENERAL FUND

 

     Fund Balance  605,000      10,000                 615,000

 

 

This the 24th day of August, 1992.

 

 

Council Member Herzenberg suggested that the staff investigate the feasibility of making the old cemetery a little larger.  Mary Arthur Stoudemire indicated that University officials had opposed this proposal in the past.  Council Member Herzenberg asked whether the proposal was a bad one.  Ms. Stoudemire said it could be attempted.  Council Member Herzenberg requested that the staff explore the matter further.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 9.

 

 

 

A RESOLUTION AUTHORIZING THE CREATION OF A FUND FOR IMPROVEMENTS AT THE OLD CHAPEL HILL CEMETERY (92-8-24/R-9)

 

WHEREAS, the Town Council approved a master plan for improvements to the Old Chapel Hill Cemetery on October 12, 1987; and

 

WHEREAS, the master plan called for the creation of a fund for improvements using funds from various sources; and

 

WHEREAS, the firm of Swanson & Associates was involved in the development of the original master plan and subsequent implementation;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to enter into an agreement with Swanson & Associates to coordinate the creation of a fund for improvements at the Old Chapel Hill Cemetery, create a brochure about the cemetery and the fund drive, and directly solicit contributions.

 

This the 24th day of August, 1992.

 

 

Council Member Brown said Council Member Andresen had inquired why an additional $5,000 was needed to supplement $10,000 of anticipated pledges.  Mr. Horton said the funds were needed to employ the consultant.  He noted that the consultants had expert knowledge and great credibility concerning the cemetery.

 

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

 

Mr. Horton said the proposed hearing would be set to discuss setback requirements.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 11.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION SCHEDULING A PUBLIC HEARING TO CONSIDER A DEVELOPMENT ORDINANCE TEXT AMENDMENT REGARDING RESIDENTIAL-2A SETBACKS AND SETBACK EXCEPTIONS (92-8-24/R-11)

 

WHEREAS, the Council of the Town of Chapel Hill adopted the Residential-2A zoning district on October 29, 1990; and

 

WHEREAS, the Oaks Villas Owners Association has requested adjustments to the Residential-2A  setbacks and adjustments to setback exceptions;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Monday, October 19, 1992 to discuss possible changes to the Chapel Hill Development Ordinance to adjust the Residential-2A setbacks and setback regulations.

 

This the 24th day of August, 1992.

 

Council Member Capowski inquired whether the streets under consideration were up to State standards.  Mr. Heflin said the street sections were in less than desirable condition.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 13.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION REQUESTING THAT ROADS IN STATE RIGHTS-OF-WAY BE MAINTAINED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION

(92-8-24/R-13)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests that the North Carolina Department of Transportation accept for State maintenance the following roads which have been built in State right-of-way:

 

Name of Road  Length             Description

 

Dobbins Drive 1,874'  Brendles/Sage Road to Eastowne Drive

 

Eastowne Drive   230'  US 15-501 pavement to margin of right-of-way

 

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to request in the future that roads which may be built in State rights-of-way in the Town limits be accepted for maintenance by North Carolina Department of Transportation.

 

This the 24th day of August, 1992.

 

Council Member Werner inquired about additional costs for continuing the rollcart pilot refuse collection program.  Mr. Horton said it would be necessary to spend funds on surveying residents of the pilot area.  Mr. Heflin said the survey could largely be accomplished by Town staff.  Council Member Werner asked whether sixty-gallon trash containers would be purchased.  Mr. Heflin said the containers would be leased, rather than purchased.  Council Member Brown inquired about the possibility of acquiring forty-gallon cans.  Mr. Heflin said manufacturers made sixty and ninety-gallon canisters.  He added that a normal residential refuse container was thirty gallons.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 14.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0). 

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO CONTINUE THE ONCE/WEEKLY CURBSIDE ROLL CART PILOT PROGRAM (92-8-24/R-14)

 

WHEREAS, the Council authorized a pilot once/weekly curbside roll cart program for collection of residential refuse in certain areas of the Town; and

 

WHEREAS, the pilot program commenced in September, 1991; and

 

WHEREAS, the Council amended Sec. 8-37 of the Town Code to require that the Council reapprove any pilot program if it is to be extended beyond twelve months;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager will continue the pilot program of once/weekly curbside roll cart residential refuse collection in the neighborhoods of Bolin Heights, Ironwoods, the Cobb Terrace area and Colonial Heights for a period of one year through August, 1993.

 

This the 24th day of August, 1992.

 

                 Item 12  Information Reports

 

Council Member Herzenberg said the intervention of Town staff on odor problems in downtown trash receptacles was rapid and spectacular.  Council Member Rimer inquired where trash receptacle containers were flushed.  Mr. Heflin said flushing occurred in gutters.  Council Member Rimer said it would be preferable to flush containers at a bus garage or similar facility.  Mr. Heflin noted that some of the receptacles were not moveable.

 

Council Member Brown suggested that staff consult with Westside neighborhood residents to examine options other than removal of a tree in the area.

 

Council Member Capowski said the Town had the best library in the state.  He said Sunday use statistics argued for longer library hours on Sundays.  Council Member Capowski said there was no reason to wait eighteen months to initiate longer Sunday hours.  He suggested that the matter be referred to the Library Committee for further review.  Mayor Broun said he was a little nervous about changing library hours prior to the opening of the new library facility.  Council Member Capowski said he saw no tie between the new library facility and the possible change in Sunday service.  Mayor Broun noted the needed to examine staffing questions.  Mr. Horton said a scientific study of library patrons would be conducted.  He stated that the survey would be ready to consider as part of the budget process.  He stated that changes in library hours would be possible as early as July 1, if the Council desired.

 

Council Member Rimer noted that noise cancellation techniques had been found to be very effective in noisy industrial environments such as boiler plants.  Mr. Horton noted that at a Consultation and Coordination Committee with University officials earlier in the day, Tom Grisham, University Boiler Plant project engineer, had indicated that there were currently twelve major issues at the plant.  Mr. Grisham indicated that three problems had been resolved, six others were in the resolution process and three others remained unresolved.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Mayor Broun noted that no report would follow the Executive Session.

 

The regular meeting concluded at 10:47 p.m.