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

CHAPEL HILL, MONDAY, SEPTEMBER 14, 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 (arrived at 8:58 p.m.) and Arthur Werner. Also in attendance were Assistant Town Manager Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Ceremony recognizing Service of Advisory

Board and Commission Members

Mayor Broun said that the Council was pleased to the honor the dedication of true public servants this evening. He called upon the following advisory board and commission members to come forward:

Dick Baddour Parks and Recreation Commission

James Duncan Board of Adjustment

Everett Emerson Library Board of Trustees

Betsy Fenhagen Personnel Appeals Committee

Tony Hatcher Parks and Recreation Commission

Anne Loeb Greenways Commission

Dennis Pagano Human Services Advisory Board

Mark Perry Historic District Commission

Andy Sachs Greenways Commission

Eleanor Scandlin Parks and Recreation Commission

Mayor Broun noted that several other retiring board and commission members had been unable to attend this evening's ceremony but would receive a token of the Council's appreciation for their service.

Item 3 Petitions

Mayor Broun noted that Orange County Commissioners Chairperson Moses Carey had submitted a petition concerning refranchising of the County's cable television system.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER.

Council Member Herzenberg noted that cable television companies were required to service densities above a certain limit. Council Member Herzenberg said he hoped the staff would consider this criteria in examining the matter.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (7-0).

Dr. Arnold Tein, a professor at the University of North Carolina medical school, said he loved the Town. Dr. Tein said he held no malice toward Council Member Herzenberg for his recent actions. He expressed concern that Council Member Herzenberg's actions had taken away from the Council. Dr. Tein requested that Council Member Herzenberg resign from the Council.

In accordance with Section 2-25 of the Town Code of Ordinances, Mayor Broun announced that there was a vacant seat on the Council due to the resignation of Council Member Roosevelt Wilkerson, Jr. earlier in the day. Mayor Broun requested that Council Member Wilkerson's letter of resignation be entered into the record of the meeting. The council concurred with his request. Mayor Broun called upon Town Attorney Karpinos for additional information. Mr. Karpinos said the Council could establish a deadline of between seven and thirty days for interested persons to submit applications for the Council vacancy. He added that the Town Code stipulated that an announcement of the vacancy appear in a local newspaper within seven days of the vacancy. Mr. Karpinos noted that the Council had several deadline options concerning the acceptance of applications. Mayor Broun suggested that the Council establish an application deadline of Monday, October 5th at 5:00 p.m., with the vacancy to be filled at the Council's Wednesday, October 28th regular meeting.

Noting the importance of providing adequate time for people to apply to fill the vacancy, Council Member Andresen inquired whether the application deadline could be changed, if needed. Mr. Karpinos said there was nothing in the Town Code of Ordinances to prevent this action. He noted that the maximum extension date would be thirty days from the date of the vacancy, September 21st. Council Member Andresen inquired how citizens could apply. Mr. Karpinos said interested persons could submit letters specifying their name, place of residence, signature and any other accompanying information.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO SET AN APPLICATION DEADLINE OF MONDAY, OCTOBER 5TH AT 5:00 P.M. FOR PERSONS INTERESTED IN FILLING THE VACANCY CREATED BY THE RESIGNATION OF FORMER COUNCIL MEMBER ROOSEVELT WILKERSON, JR. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Andresen noted that she had spoken to Mayor Broun and Council Member Capowski about the possibility of adding an amendment to the Town Charter concerning recall provisions for council members. She stated that leaders should be accountable to the public. Council Member Andresen requested that the Attorney provide a report to the Council on the matter within four weeks.

Mayor Broun noted that Assistant Town Manager Florentine Miller was Acting Town Manager this evening. He noted that Town Manager Horton was attending the annual conference of the International City/County Management Association.

Item 4 Election of Mayor pro tempore

Mayor Broun inquired whether there were any nominations for the position of Mayor pro tempore. Council Member Andresen said the position required an individual who was experienced as a Council member, had the support of the Council, and was willing to serve in the capacity. Council Member Andresen said Council Member Werner ably met all three of these requirements. She added that Council Member Werner was very strong and energetic in responding to citizen concerns. Council Member Andresen also noted that Council Member Werner was very active with the Stormwater Management Committee and the Consultation and Coordination Committee. Council Member Andresen said she appreciated Council Member Werner's careful thinking about a variety of issues.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBERS BROWN AND CHILTON, TO APPOINT COUNCIL MEMBER WERNER AS MAYOR PRO TEMPORE.

Mayor Broun said he would look forward to working with Council Member Werner in his role as Mayor pro tempore.

THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 5a Nominations to Stormwater Management Committee

Council Member Werner noted that the Committee had recommended expanding its membership.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO NOMINATE ALL SEVEN APPLICANTS FOR APPOINTMENT CONSIDERATION AT THE SEPTEMBER 29TH COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 5b Nominations to Orange County Human Services

Coordinating Council

Acting Town Manager Florentine Miller noted that the Human Services Advisory Board had recommended the appointment of Board Member Christin Pryor and a council member to the coordinating council. Mayor Broun noted that Council Member Chilton had expressed interest in serving as the Council's representative. He added that appointments were scheduled to occur at the Council's September 29th meeting.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE CHRISTIN PRYOR AND COUNCIL MEMBER CHILTON FOR APPOINTMENT CONSIDERATION AT THE COUNCIL'S SEPTEMBER 29TH MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 6 Resolution concerning proposed Cable Television Legislation

Assistant to the Manager Greg Feller briefly reviewed proposed legislation concerning the local regulation of cable television franchise agreements. He noted that a compromise proposal was currently being considered by the United States Congress. Mr. Feller said the proposed Resolution generally supported local regulation of cable television rates. Council Member Capowski said he believed that rate regulation was a poor second to competition as protection for consumers. Council Member Capowski also said he encouraged Orange County and the Town of Carrboro to work on creating competition for the provision of cable television service.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION SUPPORTING LEGISLATION TO PROTECT CABLE TELEVISION SUBSCRIBERS (92-9-14/R-1)

WHEREAS, the Cable Communications Policy Act of 1984 substantially restricted states' and local governments' authority to regulate the cable television industry; and

WHEREAS, regulations issued by the Federal Communications Commission pursuant to the 1984 Cable Act do not allow regulation of cable television rates in most of the United States; and

WHEREAS, the Consumer Federation of America estimates that cable operators in the US have overcharged customers by $6 billion in the absence of rate regulation, and the US General Accounting Office has reported to the Congress on substantial rate increases across the US which outstripped inflation and which were due to deregulation of cable television rates; and

WHEREAS, since the Cable Communications Policy Act became law, concentrations of ownership amounting to monopolies have increased among cable operators, although the Act was intended to "promote competition in cable communications and minimize unnecessary regulations that impose undue economic burden on cable systems"; and

WHEREAS, the US House of Representatives and US Senate have passed cable consumer protection bills which need to be reconciled through conference committee for action by both houses;

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

1. Strongly supports the enactment of legislation based on House Resolution 4580 to protect cable television consumers until competition develops in the cable television industry.

2. Urges the enactment of legislation including authorization for rate regulation as the single most important issue in protecting consumers.

3. Authorizes the transmittal of this bill to US Senators Helms and Sanford, Representatives Price and Valentine and to the President.

This the 14th day of September, 1992.

Item 7 Bolin Creek Utility Easements

Acting Town Manager Florentine Miller said the proposed sewer line along Bolin Creek would be completed by May 1, 1993. She noted that sewer easements would be fifty feet wide.

Noting that the transfer of easements was proposed, Council Member Capowski inquired who the easements were currently granted to. Mr. Karpinos said there were no existing easements. Council Member Capowski inquired whether any problems were foreseen by granting the easements. Mr. Karpinos said he felt the interests of the Town were well-protected. Council Member Brown inquired who would determine the need for "practical restoration" as referenced in the proposed easement agreement. Mr. Karpinos said Town and OWASA officials would work together to address these situations.

Council Member Andresen asked whether Town staff was comfortable with the agreement for OWASA to restore the greenways trail. Parks and Recreation Director Mike Loveman said there would be some flexibility in this respect. Mr. Loveman stated that the proposed agreement was similar to earlier ones. Noting that the university did not typically grant easements to OWASA, Council Member Werner asked whether it was necessary for the Town to grant such easements. Mr. Karpinos stated that it was customary to grant authority to work on sewer lines through the use of easements. He added that OWASA had a blanket agreement with the Town for work within rights-of-way.

Council Member Andresen inquired about the number of trees which would be removed as a result of the sewer line project. Parks and Recreation Administrative Assistant Bill Webster said he was uncertain about the exact number of trees that would be lost. Council Member Andresen inquired whether any agreement had been reached concerning removal of a certain number of trees. Ms. Miller said OWASA had indicated that it would be necessary to completely clear trees in the area to facilitate the installation of a parallel sewer line. Council Member Andresen said she was unhappy about this situation since it would not be necessary to utilize the entire fifty-foot wide easement. Ms. Miller noted that the Town staff had worked hard to make the easement requirement less than fifty feet. Council Member Andresen inquired whether it was possible to renegotiate this point with OWASA. Mayor Broun inquired whether it would be possible to delay adoption of the proposed resolution. Mr. Loveman said that although it would be possible to delay adoption of the Resolution, it was not likely that OWASA would reduce it's fifty foot easement requirement. Ms. Miller said OWASA was ready to move forward on the sewer line contracts.

Council Member Andresen inquired about the possibility of including wording concerning the preservation of significant trees in the contract. Council Member Herzenberg said it would probably just take another walk-through of the site to address this situation. Council Member Chilton inquired about the impact of not adopting Resolution 2 on Resolution 3. Ms. Miller said it would be best to act on both or neither of the resolutions. Council Member Chilton inquired about the schedule for the sewer line installation. Mr. Loveman said the project would be put out for bid in early November. Council Member Andresen suggested that the Council postpone the matter until September 29th. Council Member Brown suggested that interested Council members visit the site along with the Town's urban forester. Mayor Broun inquired about the pleasure of the Council in regard to Resolution 3. Council Member Chilton asked whether there was any compelling reason to act on Resolution 3 this evening. Noting none, Mayor Broun suggested that the Council postpone both matters until September 29th.

Item 8 Orange Co. Economic Development Commission Status Report

Bill Bracey, Town representative on the Commission, thanked Council Members Brown and Herzenberg for recently attending a tour of Orange County businesses. Mr. Bracey said he had visited the Orange County Visitors Bureau earlier in the day and thought the agency would be a good community resource. He stated the bureau's first project was to compile a county-wide visitor guide. Mr. Bracey noted the importance of expanding opportunities for non-residential tax base growth in Orange County. Council Member Andresen inquired which businesses had been included in the commission's earlier tour. Mr. Bracey briefly reviewed details of the tour. Council Member Brown thanked the Commission and Mr. Bracey for hosting the tour. Council Member Brown said she was impressed by the variety and quality of businesses included in the tour. Mr. Bracey said similar tours would be offered in the future.

Executive Director Ted Abernathy said the Commission tended to be research-oriented. He briefly reviewed the availability and absorption rates for Class A office and warehouse uses. Mr. Abernathy said there was currently no flex-space for warehouses available in Orange County. He noted that a significant amount of Class A office space had been approved but not constructed. Mr. Abernathy said although very low vacancy rates were generally desirable, this unavailability restricted opportunities to attract new businesses. Council Member Andresen requested additional information concerning flex-space. Mr. Abernathy provided an overview of flex-scape needs and requirements. Council Member Werner inquired which zoning category flex-space would be included in. Mr. Waldon said community commercial and warehouses would be the closest categories. Council Member Werner said it would be helpful for OCEDC staff to provide guidance to Town staff on mixed-use development proposals. Mr. Abernathy said the commission would be pleased to provide this assistance. Mr. Abernathy distributed copies of the Commission's annual report to the Mayor and Council.

Mr. Bracey said the Commission requested an area study of the Eubanks Road area. He also said the area was very appropriate for flex-space or other similar uses. Council Member Capowski inquired how many businesses were concerned about access to rail facilities. Mr. Abernathy said very few since most small businesses rely upon trucks, rather than rail, as a primary means of distribution and receiving. Council Member Capowski inquired about the advisability of recent Council actions concerning parking regulations and automobiles. Mr. Bracey said he liked the Town's innovative approaches. Mr. Abernathy noted that Orange County was currently investigating large tracts of land along railroad corridors. Mr. Abernathy said the Council was doing a fine job of handling the needs of local businesses. Council Member Brown noted that planning for a fixed-guideway transit system was underway.

Item 9 NCLM Voting and Alternate Delegates

COUNCIL MEMBER ANDRESEN WAS SELECTED AS THE TOWN'S VOTING DELEGATE AND MAYOR BROUN THE ALTERNATE DELEGATE FOR THE ANNUAL NORTH CAROLINA LEAGUE OF MUNICIPALITIES MEETING. NO DESIGNEES WERE NAMED FOR THE NATIONAL LEAGUE OF CITIES CONFERENCE, SINCE NO COUNCIL MEMBERS INDICATED THAT THEY WOULD ATTEND THE CONFERENCE.

Item 10 Durham-Chapel Hill-Carrboro Urban Bicycle Plan

Senior Transportation Planner David Bonk said the plan was one of the first of its type in the nation. He briefly reviewed the plan's elements including the development of facility and safety programs. Mr. Bonk noted that an action plan was outlined in the first part of the report, including a greater orientation toward encouraging commuting by bicycle to work and other destinations. He stated that all local government officials would be invited to a briefing on the plan to be held on October 1st.

Mayor Broun inquired whether the report was informational at this point. Mr. Bonk said this was correct. Council Member Andresen inquired whether the primary thrust of the study was to study sub-standard roads. Mr. Bonk said this factor had been taken into account. He stated that the report attempted to identify the safest and shortest routes for bicycle commuting. Council Member Andresen said the report was an excellent one and a good start for the community. She noted that it was especially difficult for cars and bicycles to share Erwin Road. Council Member Brown inquired about the prospects for funding of report recommendations. Mr. Bonk said it was clear that the State had indicated that bicycle-related improvements had to be predicated on a plan. Mr. Bonk said funding would hopefully be available for bicycling improvements. Mayor Broun said funding matters involved a slow and painful process. Council Member Capowski said although he had found the third portion of the report concerning suggested routes enjoyable, he could not think of a safe route for commuting to the Research Triangle Park by bicycle.

Item 11 Landfill Owners' Group Recommendations

Council Member Rimer reviewed the items before the Council this evening from the Landfill Owners' Group. Council Member Rimer said he was not convinced that this evening's meeting was the proper forum for handling some of the items scheduled for consideration. Council Member Rimer suggested that the matters could be referred to a group of Council members, such as a Mayor's committee, or a larger group including representatives from the Town of Carrboro and Orange County. He suggested that the Council comment on the specific proposals this evening. Council Member Rimer also noted that the Landfill Owners' Group had no rulemaking capacity or right to take any actions. He suggested that Council Member Brown, another Council member and himself could conduct a dialogue concerning local solid waste management issues and suggest recommendations for handling concerns. Mayor Broun inquired about the role for the Landfill Owners' Group in setting up the proposed meeting. Council Member Rimer said the essence of the Group's role would be to organize a meeting for public comment.

Council Member Andresen said she had a lot of questions about the suggested proposals. Council Member Rimer suggested that as one of its tasks, the committee would examine long-range perspectives on solid waste matters. Council Member Andresen said it was difficult to imagine that there was significant disagreement on some of the proposals. Council Member Chilton said Council Member Brown's memorandum to the Council had pointed out that a work plan had been under discussion for quite some time and a standing committee was probably not needed. He added that Council Member Rimer's suggestion concerning the formation of a Mayor's committee was an excellent one. Council Member Chilton said he did not think it was possible to draft a document that Orange County and Carrboro would find completely agreeable. Council Member Brown said she thought Orange County Commissioners had wanted to include all elected officials in the dialogues. Council Member Rimer said it was very unlikely that a committee comprised of twenty-one persons would be able to make many unanimous decisions. He noted the importance of all local governing bodies agreeing to the proposals in concept.

Mayor Broun said there was a need to discuss the role of the Landfill Owners' Group and its goals and objectives. Council Member Werner said he concurred, noting that it was difficult to address the Group's goals until the Council could identify its own solid waste goals. Council Member Rimer said the process under discussion was similar to a United States Senate-House Conference Committee. Council Member Werner said he was not convinced that the Orange County Commissioners were willing to make political decisions concerning landfill siting. Council Member Rimer said establishment of a constructive dialogue would help to resolve some of these issues. Council Member Werner inquired why the process could not be postponed until after the County Commissioners' election in November. Council Member Brown said she had heard some good discussion at the Orange County Commissioners' recent meeting concerning solid waste matters. She emphasized the importance of moving ahead on the matter as soon as possible.

Council Member Werner inquired how the landfill search process interacted with activities of the Landfill Owners' Group. Council Member Rimer said these were activities under separate consideration. Council Member Andresen noted that a meeting concerning the landfill selection process would take place on Thursday evening in Hillsborough.

Betty Maultsby noted that she had attended numerous meetings of the Council, Orange County Commissioners and Landfill Owners' Group concerning solid waste matters. She requested that the Council not take action on the proposed solid waste goals this evening. Ms. Maultsby said that the proposed goals and objectives were inadequate to deal with solid waste issues effectively. She suggested that an intergovernmental work session on solid waste issues be held in the future.

Judith Wood, representing the League of Women Voters, said the league strongly encouraged solid waste management goals and recycling and reuse. She also emphasized the importance of reducing the amount of waste sent to landfills. Ms. Wood stated that mandatory recycling and waste reduction incentive programs might be needed in the future.

Katherine Emerson expressed concern that the proposed solid waste management goals and objectives were insufficiently ambitious. She also expressed hope that the landfill facility would continue to be run by individual local governmental bodies.

Council Member Rimer noted that the Landfill Owners' Group made no decisions, but rather made recommendations to local government elected bodies. Council Member Brown stated that the Orange County Commission had seen the need to examine solid waste matters more thoroughly. She suggested that the Landfill Owners' Group convene a meeting of all local elected officials and then convene a meeting of a smaller group. Mayor Broun suggested that a smaller group might be more effective in examining the functions, direction and procedures of the Landfill Owners' Group. Council Member Brown said it was important to examine procedures and goals and objectives of the Landfill Owners' Group.

Council Member Andresen expressed concern that it was relatively easy for elected officials not to make decisions on matters such as solid waste management planning. She noted that the landfill siting process would be a slow one. Council Member Andresen expressed concern that efforts on solid waste matters were not sufficiently focused. Council Member Chilton said it was also easy to rush into matters and possibly make the wrong decision. Council Member Chilton said he would feel rushed if the Council were asked to vote on matters this evening. Council Member Werner said the Council had taken no position on many solid waste management matters. He emphasized the need for the Council to provide guidance in this regard.

Council Member Brown said Council Members Chilton, Rimer and herself would be willing to develop a solid waste management proposal including suggested goals and objectives. Mayor Broun inquired whether the Council favored holding a work session on solid waste matters. Council Member Werner said he favored such a session. Council Member Rimer said some very definitive solid waste goals and objectives had been outlined. He added that a work session on these matters would be very helpful. Council Member Rimer said the Council committee would develop a proposed series of goals and objectives to carry forward to all three local government bodies. Council Member Capowski requested that the committee provide information on the advantages and disadvantages of establishing a landfill or solid waste authority. Mayor Broun suggested that the committee work with Town staff to develop an agenda for a future work session on solid waste management.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO THE MAYOR'S COMMITTEE (COUNCIL MEMBERS BROWN, CHILTON AND RIMER) TO DEVELOP AN AGENDA FOR A FUTURE WORK SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Scrap Tire Fees

Public Works Director Bruce Heflin said the resolution before the Council would authorize the Manager to reduce the landfill's scrap tire fee from $1.00 to $0.50 per tire. Mr. Heflin stated that State officials had expressed interest in reduction of the fee. He noted that both the Landfill Owners' Group and the Manager recommended reduction of the fee. Council Member Brown inquired what was done with tires hauled to the landfill. Mr. Heflin said the tires were currently monofilled, until practical reuses were discovered. Council Member Brown inquired whether scrap tires were used for road resurfacing materials. Mr. Heflin said although the Department of Transportation had experimented in this regard, there was no official policy regarding the reuse of scrap tires. Council Member Brown said she would appreciate additional information on scrap tire reuse when it became available.

Council Member Capowski inquired what the contract fee of $31,000 would cover. Mr. Heflin said this was the cost of tire pick-up. Council Member Capowski also inquired about estimated overhead of fifteen percent. Mr. Heflin said this was the estimated cost for staff to sort and divert improperly sorted tires from other loads. Council Member Capowski inquired about the disposition of automotive batteries. Mr. Heflin said the Town had limited capacity to recycle car batteries. Solid Waste Administrator Gayle Wilson noted that both car batteries and waste oil were accepted free of charge at the landfill. Council Member Rimer noted that car batteries and motor oil had some economic value and were highly recyclable, compared to scrap tires. Council Member Capowski inquired whether there was any reasonable way to convert old tires into other useful products. Council Member Rimer said scrap tires would continue to be monofilled until viable reuses were discovered.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 9. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REDUCING THE TIPPING FEE FOR FISCAL YEAR 1992-93 FOR DISPOSAL OF SCRAP TIRES AT ORANGE REGIONAL LANDFILL (92-9-14/R-9)

WHEREAS, the State of North Carolina statutes do not allow scrap tire tipping fees at landfills within the State that exceed the actual cost of disposal of tires less the State reimbursement of revenues to counties from State tax on tires; and

WHEREAS, the scrap tire tipping fee for Fiscal Year 1992-93 for Orange Regional Landfill of $100 per ton is projected to produce revenues greater than those allowed by State law;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs in reducing the tipping fee for scrap tires disposed at the Orange Regional Landfill from $100 per ton to $50 per ton, and $.50 per tire, effective immediately.

This the 14th day of September, 1992.

Council Member Brown inquired about the possibility of discussing limiting landfill wastes to those generated in Orange County. Council Member Werner said he suggested postponing this matter due to its complexity. Council Member Brown concurred with his suggestion. Mayor Broun suggested that the matter could be discussed at the Council's future work session on solid waste matters.

Item 12 Consent Agenda

Mayor Broun requested removal of item e. Council Member Capowski requested removal of item a. Council Member Andresen requested removal of items b and d.

Council Member Andresen inquired what parking exceptions were being sought. Mr. Waldon reviewed the proposed exceptions, noting that they were not related to the recently adopted text amendment. He noted that the item was in response to a request by a local small business.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, 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 MINIMUM PARKING SPACE REQUIREMENTS (92-9-14/R-11)

WHEREAS, the Council of the Town of Chapel Hill adopted the Chapel Hill Development Ordinance in May, 1981, including parking regulations; and

WHEREAS, Mr. Mike Hoffer appeared before the Council on August 24, 1992 with a request for a Development Ordinance Text Amendment which would provide additional exceptions to the minimum parking requirements of Article 14;

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, November 16, 1992 to discuss possible changes to the Chapel Hill Development Ordinance to adjust the minimum parking space regulations.

This the 14th day of September, 1992.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT (92-9-14/R-12)

WHEREAS, pursuant to the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Development (HUD) provides financial assistance to public housing agencies; and

WHEREAS, the Town of Chapel Hill (PHA) proposes to enter into an Annual Contributions Contract or Amendment thereto (Contract) with HUD in order to receive such assistance;

NOW, THEREFORE, BE IT RESOLVED by the PHA as follows:

The Contract, numbered Contract No. A-3963, Amendment No. 15 (delete if not applicable), is hereby approved and accepted both as to form and substance and the Chairman or Vice Chairman is hereby authorized and directed to execute said Contract in quadruplicate on behalf of the PHA, and the Secretary is hereby authorized and directed to impress and attest the official seal of the PHA, on each counterpart and to forward executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government.

RECORDING OFFICER'S CERTIFICATION

I, Peter M J Richardson, the duly appointed, qualified, and acting Secretary of the Town of Chapel Hill, do hereby certify that the above Resolution No. 92-9-14/R-___ was properly adopted at a regular or special meeting properly held on September 14, 1992.

In testimony whereof, I have hereunto set my hand and the seal of the Town of Chapel Hill, this 14th day of September, 1992.

SEAL

___________________________________

(Signature)

Council Member Andresen requested a follow-up report from staff on how groups were selected for Festifall booths. Council Member Chilton inquired information on how the dates for street fairs were determined. Ms. Miller said a report on these matters could be presented at the September 29th meeting.

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

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF WEST FRANKLIN STREET AND ROBERSON STREET (FESTIFALL '92) (92-9-14/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the closing of West Franklin Street between Mallette and Graham Streets, and Roberson Street between Cameron Avenue and Franklin Street, on Sunday, October 4 or October 11, 1992, from 10:30 a.m. to 8:00 p.m., to allow the holding of the Festifall Street Fair and cleanup of the street following the Fair.

This the 14th day of September, 1992.

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

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF WEST FRANKLIN AND ROBERSON STREETS (FESTIFALL '92) (92-9-14/O-1)

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

That on the 4th or 11th day of October, 1992, between the hours of 12:30 and 8:00 p.m., there shall be no parking on either side of West Franklin Street between Mallette and Graham Streets, and Roberson Street between Franklin Street and Cameron Avenue.

The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said streets during such hours on said date. The Police Department is further authorized to remove, tow, and impound automobiles and vehicles of any kind which are parked on said streets during such hours in contravention of this Ordinance. In light of the large number of pedestrians expected in the Street Fair area, the Council hereby determines that vehicles in the restricted area would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.

This the 14th day of September, 1992.

Mayor Broun commended Public Works staff members Jim Caldon, Joe Campbell, Burt Johnson, Tommy Sanford, John Scott and Paul Spire for their tireless and selfless efforts in assisting the victims of Hurricane Andrew in the Metropolitan Dade County, Florida area.

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

A RESOLUTION REGARDING EMERGENCY ASSISTANCE BY TOWN OF CHAPEL HILL EMPLOYEES TO VICTIMS OF HURRICANE ANDREW IN THE MIAMI/HOMESTEAD, FLORIDA AREA (92-9-14/R-14)

WHEREAS, on Saturday, August 29, 1992, the North Carolina Division of Emergency Management, Department of Crime Control and Public Safety requested the Town's assistance along with other jurisdictions in responding to emergency conditions in the Miami/Homestead, Florida area in response to Hurricane Andrew; and

WHEREAS, a team of six Town employees using Town equipment is participating in these emergency assistance efforts; and

WHEREAS, the Manager on August 31 and September 14, 1992 reported to the Council on plans for the Town's participation in these efforts;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby expresses its support to and commends the following Town employees who volunteered to represent the Town of Chapel Hill in the national response to the damages and emergency conditions including loss of homes and of basic services in the Miami/Homestead, Florida area due to Hurricane Andrew:

Jim Caldon

Joe Campbell

Burt Johnson

Tommy Sanford

John Scott

Paul Spire

BE IT FURTHER RESOLVED that the Council hereby formally approves and ratifies the Town's participation in these emergency assistance efforts for approximately two weeks beginning in the week of August 31st, formally authorizes the Manager to take such action as may be necessary in furtherance of the emergency assistance efforts.

This the 14th day of September, 1992.

Mayor Broun noted that no executive session was needed this evening. The meeting concluded at 10:28 p.m.