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

OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 14, 1993 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, Barbara Powell, Alan Rimer and Arthur Werner. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Public Works Director Bruce Heflin, Parks and Recreation Director Mike Loveman and Town Attorney Ralph Karpinos.

Mayor Broun expressed the Council's condolences to Council Member Herzenberg on the death of his mother.

Item 3 Petitions

Paul Tripodi presented a petition outlining several possible alternative funding sources for the Town's streetscape program. A copy of Mr. Tripodi's petition is on file in the Clerk's Office. Council Member Andresen expressed appreciation to Mr. Tripodi for his good ideas. She stated that the Council and business community could take leadership roles concerning some of the ideas.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER POWELL TO RECEIVE AND REFER MR. TRIPODI'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Andresen suggested that the Council might receive a report on action items arising from the recent PPP (Public-Private Partnership) conference. She suggested that Mayor Broun might outline activities for possible future involvement by the Council. Mayor Broun said this was a good idea. He noted that a community meeting concerning the conference was scheduled for September. Council Member Herzenberg noted that PPP President Sally Jessee had compiled a comprehensive summary of the conference, including possible follow-up actions. Council Member Capowski noted that the proposed streetscape project was left out of the meeting's summary.

Henry Whitfield expressed concern that transient residents of the Town, such as university students, did not pay OWASA (Orange Water and Sewer Authority) availability fees. He stated that availability fees were financed by those paying them. Mr. Whitfield requested that the Council and OWASA work together to eliminate availability charges.

Council Member Andresen stated that a resolution concerning the proposed prepared meals and beverage tax was before the Council this evening. Noting it was not the Council's custom to vote on an item presented on the floor the same evening, Council Member Andresen said the matter could be considered on June 28th, if necessary. She noted that the Mayor's Committee on the Prepared Meals and Beverage Tax was recommending that the Council withdraw its request to the legislature for a one percent sales tax on prepared food and beverages. Council Member Andresen expressed optimism that some hoteliers appeared to support improvements in the downtown area. She also said the Chapel Hill-Carrboro Chamber of Commerce appeared to be more supportive of a meals and beverage tax and the need to educate people about the importance of infrastructure improvements. Council Member Brown suggested amending Council Member Andresen's proposed resolution by adding the words "and with citizens at large". Council Member Andresen expressed her concurrence.

Mayor Broun said the proposed resolution was a good starting point for a new process relative to the proposed prepared meals and beverage tax. Council Member Andresen said the Council had received a very positive statement from a restaurant owner this evening (Mr. Tripodi) concerning infrastructure improvements. Council Member Werner said the proposed resolution needed to be a little bit more specific. He suggested that the proposed resolution contain language concerning formation of a committee. Mayor Broun said it was important for the Council to take a stand on the proposed prepared meals tax. Council Member Chilton said the Council might make recommendations in the future concerning formation of a committee. Council Member Capowski suggested changing a title in the proposed resolution. Mayor Broun noted that the Council could act on the proposed resolution with unanimous consent.

Council Member Andresen noted that the Mayor's Committee on the proposed meals and beverage tax would meet again to define future efforts with the community.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 0.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING COOPERATIVE WORK WITH COMMUNITY GROUPS TO FIND A MECHANISM TO FUND THE STREETSCAPE AND OTHER PUBLIC IMPROVEMENTS IN BUSINESS AREAS, AND SUPPLEMENTAL POLICE PROTECTION IN BUSINESS AREAS OF THE TOWN; AND WITHDRAWING THE REQUEST FOR A LOCAL ACT TO AUTHORIZE A 1% TAX ON PREPARED FOOD AND BEVERAGES

(93-6-14/R-0.1)

BE IT RESOLVED by the Town Council of Chapel Hill:

1. That the Council shall work with groups including the Chamber of Commerce; businesses including restaurateurs, hoteliers, public utilities and downtown business people; business property owners in the downtown are and other commercial zones; and with citizens at-large to find a mechanism to fund the Streetscape project, increased Police Department presence in the downtown area, and other public improvements in business areas of the Town; and to build community support for these improvements.

2. That the Council withdraws its request for legislative authorization of a 1% tax on prepared foods and beverages.

This the 14th day of June, 1993.

Noting that she had enjoyed her service on the Orange County Visitor's Board, Council Member Andresen announced her intention to resign from the board. Mayor Broun noted that efforts could get underway to find a replacement Council representative.

Mr. Horton noted that an additional agenda item, 9k, concerning a request from Teen Scene, was offered for the Council's consideration on this evening's consent agenda.

Item 4 Boards and Commissions

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE APPEARANCE COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE GREENWAYS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE HISTORIC DISTRICT COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE PLANNING BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Noting that some of the applicants had expressed interest on serving on the Planning Board, Council Member Werner suggested postponing appointments to the Housing and Community Development Board until the Planning Board appointment was made. The Council concurred.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI TO APPOINT ED DEVANY AND DONALD SHAW TO THE HUMAN SERVICES ADVISORY BOARD BY ACCLAMATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER BROWN TO APPOINT JUDY NUNN TO THE NORTHWEST AREA PLAN WORKGROUP. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Greenfields Special Use Permit Modification

There were no additional parties to be sworn in the matter. Town Manager Horton requested that additional materials pertaining to the application be entered into the record of the hearing. Noting prior representation with the applicant's firm, Mayor Broun requested excusal from consideration of the matter. Mayor pro tem Werner called upon Planning Director Roger Waldon to make the staff's presentation. Mr. Waldon said a special use permit for 43 acres had been initially approved. He noted that 13.5 acres of the site had been developed. Mr. Waldon stated that the applicant's request was to release the undeveloped portion of the site from the special use permit. Noting staff's earlier concerns about landscaping requirements, he said that the Greenfields' landscaping had been evaluated and found to be well-maintained. Mr. Waldon noted that the Manager's recommendation had been changed to eliminate the earlier requirement to upgrade site landscaping.

Council Member Capowski inquired about the number of dwelling units in the project. Mr. Waldon said there were 228 units on 13.49 acres. He added that this density exceeded the Town's current zoning density standards. Council Member Capowski inquired what would take place if the request were not approved this evening. Mr. Waldon said nothing would take place. He added that the special use permit would continue to encumber the site. Council Member Capowski inquired whether the developer could make future development proposals meeting current zoning density requirements. Mr. Waldon said this was correct. Council Member Capowski stated that the net result would be that the overall tract would be developed at a much higher density than permitted by current zoning standards. Council Member Werner inquired about the current density for R-4 zoning. Mr. Waldon said fifteen units per acre. Council Member Werner said the current density was seventeen units per acre as opposed to fifteen units per acre permitted by current standards.

Council Member Andresen noted that the developer had previously referenced the possible development of churches and other uses on the tract. Mr. Waldon stated that portions of the tract were zoned R-2 or R-4. Council Member Capowski inquired whether it was possible to reduce the zoning density for the undeveloped thirty acres of the tract to offset more dense existing development. Mr. Waldon said the tract was basically an undeveloped piece of property.

Council Member Werner said he thought the situation showed one of the downsides of master land-use planning, with the most profitable portion of the tract being developed first. He expressed concern about the 'k' value of Sage Road. Council Member Werner said the roadway was poorly designed and striped, causing people to inadvertently move into the left turn lane as they crested the hill near the Greenfields project.

Mr. Waldon noted that he had misspoken earlier concerning the allowable density for R-4 zoning districts. Mr. Waldon said ten units per acre, rather than fifteen units per acre, were permissible. Council Member Brown noted that there could be no guarantees about the type of development proposed by future developers.

Council Member Andresen inquired whether the Planning Board's and Manager's recommendations differ only with respect to landscaping requirements. Mr. Waldon said this was correct. Mr. Waldon said the Planning Board wanted to make certain that the intent of the original special use permit approval was carried out.

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

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL TO ADOPT RESOLUTION 1A. THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO AND MAYOR BROUN EXCUSED.

Council Member Capowski noted his concern that the project could have higher net densities than permitted by current development regulations.

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR THE GREENFIELDS DEVELOPMENT (SUP 27.B.7)

(93-6-14/R-1a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Walden at Greenfields Apartments, developed by Summey Building Systems, Inc. on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 7A, developed according to plans submitted on March 21, 1984 and approved on June 11, 1984, are:

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

2. In compliance with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations (with the exceptions listed below);

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

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

BE IT FURTHER RESOLVED by the Council that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1. Reducing the area encumbered by the Greenfields Special Use Permit, recorded in deed book 478, page 177 of the Orange County Register of Deeds Office, to 13.49 acres, that area currently developed as the Walden at Greenfields Apartments.

2. Modification of Subsection 13.8 of the Development Ordinance to exceed the maximum number of dwelling units currently allowed on 13.49 acres in a Residential-4 zoning district (135 dwelling units), allowing 228 existing dwelling units.

3. Modification of Subsection 13.11.1 of the Development Ordinance to exceed the maximum floor area limit of 135,153 square feet, allowing the 188,000 square feet of existing floor area.

4. Modification of Subsection 18.8.6.4 of the Development Ordinance to allow an 11 foot street setback from Coleridge Drive and Sage Road instead of the 50 foot street setback currently required of planned developments, and to allow an 8 foot interior setback instead of the 25 foot interior setback currently required of planned developments.

5. Modification of Subsection 14.12.6 of the Development Ordinance to allow the landscaping as shown on the Planting Plan for Walden at Greenfields, dated July 31, 1984, to suffice for the current 10 foot wide "B" Type buffer requirement along all property lines.

BE IT FURTHER RESOLVED that the continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and modifications listed and described above.

BE IT FURTHER RESOLVED that if any of the above modifications is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for the Greenfields Development in accordance with the plans and modifications above.

This the 14th day of June, 1993.

Item 6 North Street Subdivision Phase IV Modification

There were no additional parties to be sworn. Mr. Horton said the applicant was proposing the use of concrete, rather than brick, sidewalks.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 2A.

Council Member Andresen said everyone appeared to prefer concrete to brick sidewalks. Council Member Capowski said he would not conclude this in general. Council Member Rimer noted that some developers might choose to use alternative brick sidewalk materials in the future. Council Member Herzenberg noted that three to four years ago the Historic District Commission had inquired about the possibility of changing the Franklin-Rosemary historic district's boundaries. Council Member Rimer said he thought it presented a conundrum for the Historic District Commission to try to plan a new subdivision in a historic district. He suggested that the Council further explore the situation in the future. Council Member Herzenberg requested that staff provide the Historic District Commission's earlier recommendation concerning possible district boundary changes.

THE MOTION TO ADOPT RESOLUTION 2A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TO APPROVE A MODIFICATION TO THE PRELIMINARY PLAT FOR NORTH STREET SUBDIVISION PHASE IV PERMITTING A CONCRETE RATHER THAN BRICK SIDEWALK (93-6-14/R-2a)

WHEREAS, the Chapel Hill Town Council approved a preliminary plat for North Street Subdivision Phase IV on August 24, 1992 with conditions of approval which included a stipulation requiring a brick sidewalk; and

WHEREAS, the Lucy Carol Davis Associates, Architects, Construction Managers and Designers, and owners of the subdivision, have requested a modification to the Preliminary Plat Approval to permit the construction of a concrete instead of a brick sidewalk; and

WHEREAS, the Historic District Commission in the meeting of December 10, 1992 indicated their preference for a concrete sidewalk,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Stipulation 4.a of Town Council Resolution 92-8-24/R-1a approving the Preliminary Plat for North Street Subdivision Phase IV be modified to read:

Sidewalk: That a 4-foot concrete 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.

This the 14th day of June, 1993.

Item 7 Stormwater Management Committee Recommendations

Assistant Engineering Director Mike Neal noted that the Council had received an interim report on May 10th concerning the proposed physical inventorying of the Town's stormwater infrastructure. He said the estimated cost for the inventory would be $34,000 and could be substantially complete by the winter of 1993. Council Member Werner said the staff's memorandum quantified the Committee's recommendations presented on May 10th. He emphasized the importance of conducting a Town stormwater management inventory for future decision-making purposes. Council Member Werner noted that citizen volunteers and groups would do a good deal of work associated with the Committee's recommendations.

Council Member Rimer commended the Committee and staff for a very comprehensive report. He added that a robust program was being proposed for a minimum fiscal outlay. Council Member Rimer inquired about the proposed computer model. Mr. Neal said the software was a spreadsheet suggested by committee member Ed Holland. Council Member Werner noted that the model had runoff projections for various land-use types. Council Member Rimer noted that a variety of good GIS-related stormwater management was also commercially available.

Council Member Andresen commended the Stormwater Management Committee and staff for their good work. She inquired about the proposed funding source for the programs. Mr. Horton said the money was in an on-going special project account for stormwater related items. Noting the possible stormwater ramifications of future development, Council Member Andresen inquired about the committee's future goals. Council Member Werner said the committee had discussed various draft policies to address future concerns. Council Member Andresen inquired about the project's timeframe. Mr. Horton said the overall project would take a few years to complete. He noted that a good start had been made on policy matters. Council Member Werner said it would several years to correct some existing stormwater problems. Council Member Andresen inquired about funding proposals for retention ponds and regional stormwater facilities. Council Member Werner said the committee had carefully examined who would be responsible for facility maintenance. He noted that the Committee had discussed the possibility of establishing a stormwater management utility.

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

Council Member Brown inquired how Triangle J Council of Governments monitoring would fit in with stream monitoring by citizens. Mr. Neal stated that Triangle J staff member Kimberly Brewer would serve as the principal monitor from her agency and would interact with other local citizen groups such as the New Hope Audubon Society. Council Member Capowski inquired about the software to be written in association with the stormwater program. Mr. Neal said the staff did not currently have software to manipulate the different layers of stormwater management infrastructure. Mr. Horton said the Town might seek the assistance of a university staff member on a contract basis to develop application routines. Council Member Capowski expressed concern that software development might go on indefinitely. Council Member Werner said the primary role of the contract person would be to train Town staff on the use of software and computers. Council Member Capowski inquired about the source of funding for the program. Mr. Horton said the funding was a previous appropriation from fund balance for stormwater programs. Council Member Capowski asked whether the funds were being taken away from other programs. Mr. Horton said although there were always other opportunities, the funds were not specifically being taken away from other programs. Council Member Werner said funds in the account had previously been used to address stormwater management problems.

Council Member Powell inquired whether the staff and Committee were addressing developments occurring on the periphery of the Town limits. Mr. Horton stated that staff would not inventory areas outside the Town limits. He noted that there was almost no mechanism to protect the Town in areas outside the planning jurisdiction. Council Member Powell inquired whether there had been any drainage related problems at the Carrboro Middle School construction site. Mr. Neal said Henry Whitfield had brought this concern to his attention earlier this evening.

RESOLUTION 3 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO USE UP TO $50,000 FROM THE STORMWATER MANAGEMENT AND DRAINAGE ACCOUNT (#66-810-8144) FOR DEVELOPING A DRAINAGE SYSTEM INVENTORY AND ESTABLISHING A WATER QUALITY MONITORING PROGRAM (93-6-14/R-3)

WHEREAS, the Council received and referred the interim report and recommendations from the Stormwater Management Committee; and

WHEREAS, a proposed process, schedule, and estimated cost has been developed for implementation of the recommended drainage system inventory and water quality monitoring program; and

WHEREAS, the proposed inventory and monitoring work are considered to be necessary for further development of recommendations regarding a comprehensive community stormwater management program;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to use up to $50,000 from the Stormwater Management and Drainage Account (#66-810-8144) for developing a drainage system inventory and establishing a water quality monitoring program as outlined in the attached memorandum.

This is the 14th day of June, 1993.

Item 8 Landfill Owners Group Solid Waste Management Scope of Work

Council Member Rimer provided an overview of the Landfill Owners' Group draft scope of work for a study of integrated solid waste management in Orange County. He noted that some concern had been expressed that the Landfill Owners Group's initial goals and objectives were too prescriptive. Council Member Rimer said the first step was to seek qualified solid waste management consultants. He emphasized the overall importance of solid waste volume reduction in the solid waste management process.

Council Member Rimer also emphasized the importance of focusing on methods which were environmentally sound and economically feasible. He stated that consultants might find it somewhat difficult to write responses and proposals. Council Member Rimer said the Landfill Owners Group was recommending that the project's consultants listen to public comments and involved more specialized ("boutique") consultants to address specific concerns. He noted that the market study for composting was almost complete, with an emphasis being placed on governmental, rather than private markets.

Council Member Chilton inquired whether Duke University's study on refuse-derived fuels would have any direct costs to taxpayers. Council Member Rimer said no. Council Member Chilton said the revised request for proposals was much better than the earlier proposal, Council Member Chilton stated that he did not think it was worthwhile to look at refuse-derived fuel given the low volume of available waste materials. He added that a mitigating factor was that there would be no cost to taxpayers for the study.

Council Member Brown said Orange County had a fairly small waste stream. She suggested that a comparison of waste and volume reduction techniques were needed as a means to determine the most cost-effective and environmentally responsible methods. Council Member Rimer expressed his concurrence. He stated that it was the Landfill Owners Group intent to make such comparative analyses.

Council Member Brown suggested expanding the Landfill Owners Group to include one additional member from each of the three governing bodies and representatives of the Orange County and Town of Chapel Hill Solid Waste Reduction committees. Council Member Andresen said she thought the proposed plan was a good one. She expressed concern that composing a large group would complicate decision-making processes. Council Member Brown said her proposal was to add five additional representatives. Council Member Rimer said he would have significant trouble letting anyone other than public officials be involved in the final decision-making process. Council Member Rimer added that he did not have a problem opening up the process to additional representatives from local governing bodies. He suggested that additional ex-officio members could possibly be appointed.

Council Member Capowski inquired about the estimated consultant cost. Council Member Rimer said no cost estimate had been made, but approximately $117,000 was available from a previous consultant study. He said a number of factors would determine the actual consultant cost. Council Member Capowski inquired about assurances that the process would terminate. Council Member Rimer said the final contract would outline specific work goals. Council Member Capowski emphasized the importance of evaluating financing options. Mr. Horton noted that State law restricted types of expenditures. Council Member Capowski inquired why construction and demolition would be specifically excluded from the request for proposals. Public Works Director Bruce Heflin said a regional study concerning these two types of waste was already underway.

Noting that other communities had conducted similar studies fairly inexpensively, Council Member Brown said she believed that the study could be conducted for far less than $100,000. Mr. Horton said this point was well made. He added that there was no reason for the study to cost more than $100,000. Council Member Rimer said the Landfill Owners Group would instruct consultants to gear their presentations to a certain level of budget for their final presentations.

Council Member Andresen inquired when the final report would be made. Council Member Rimer said the report would possibly be made next spring. Mr. Heflin said early results would be presented in late winter, with the final report being made later in the spring, depending upon the public process. Council Member Andresen inquired about follow-up reporting once the project consultant was selected. Mr. Heflin said a Town project manager would work with the consultant to provide written reports on a monthly basis. Council Member Andresen inquired why the disposal of sewer sludge would be studied. Mr. Heflin said sludge added essential nutrients, especially in larger-scale composting projects. Council Member Rimer said although OWASA had an excellent land application program, application of sludge to land might not be permitted in the future.

Council Member Werner noted that it was likely that other communities had probably conducted similar studies. Council Member Rimer said the likely range of the study cost would be $50,000 to $75,000. Council Member Werner inquired what happened once the consultant's report was received. Council Member Rimer said the consultant's study would be brought back to local governing bodies for a preliminary recommendation to be discussed at an intergovernmental decision-making meeting. Council Member Rimer said the Town would pay modest out-of-pocket expenses for Duke's refuse-derived fuel (RDF) study. Council Member Brown asked whether staff was only looking at legal and financial issues. Mr. Horton said staff was also looking at permissible types of organizations. Council Member Andresen said she generally supported the work being done.

Household Hazardous Waste

Council Member Rimer said he endorse the proposal concerning development of a regional household hazardous waste collection program. He noted that such programs tended to be quite expensive to initiate. Council Member Rimer stated that the proposal was being presented to local governments in Durham, Wake and Orange counties. He said that approval of the resolution concerning regional coordination of household hazardous waste collection was being requested this evening.

Noting her interest in coordination aspects, Council Member Andresen inquired about problems encountered by other counties regarding stockpiling of pesticides. Council Member Rimer noted that the State of North Carolina Department of Agriculture handled pesticide and herbicide disposal. Public Works Director Bruce Heflin said he was not personally familiar with any such long-standing problems. Council Member Andresen inquired about disposal of paint. Mr. Heflin said there had been some problems in getting this program started. He expressed hope that the program would begin during the summer. Council Member Brown emphasized the importance of launching a pesticides alternative program and a public education program. She suggested that the proposed resolution be amended to reflect these types of programs. Council Member Capowski inquired whether there were any hazardous waste related problems at the landfill. Mr. Heflin said although only a small amount of potentially hazardous waste was found in truck inspections at the landfill, future regulations might necessitate more vigorous monitoring of wastes. Council Member Capowski inquired about commercial paint disposal. Council Member Rimer said commercial contractors were individually responsible for properly disposing of paint and other hazardous materials.

Council Member Andresen inquired whether one of the study's objectives was to look at permanent facilities versus holding periodic one-day household hazardous waste days. Mr. Heflin said one of the goals was to examine the feasibility of permanent facilities. Council Member Chilton noted that one phenomena related to household hazardous waste days was that the volume of hazardous waste at landfills increased shortly thereafter. Council Member Chilton said this was attributable to the fact that citizens were uncertain when the next household hazardous waste collection day would take place. Council Member Werner inquired whether facilities would need to be separately permitted. Mr. Heflin said yes, noting that the State of North Carolina would work with local governments on pesticide-related concerns. Council Member Werner asked where non-pesticide wastes would be stored. Mr. Heflin said if the pesticide program proved feasible, the possibility of establishing a facility for other materials would be explored.

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

A RESOLUTION REGARDING REGIONAL COORDINATION OF HOUSEHOLD HAZARDOUS WASTE COLLECTION (93-6-14/R-4)

WHEREAS, many common household products such as oven cleaners, metal and furniture polishes, pesticides, drain cleaners, disinfectants, rug and upholstery cleaners, motor oil, transmission and brake fluids, and paints can be a threat to public safety and the environment if not properly handled and disposed of; and

WHEREAS, the average household discards 21 pounds of hazardous household waste per year; and

WHEREAS, the current household hazardous waste collection program in the Town of Chapel Hill captures only a very small percentage of the household hazardous waste disposed of by its residents; and

WHEREAS, permanent household hazardous waste collection facilities have been successful in other jurisdictions in greatly increasing the amount of household hazardous waste collected from residents; and

WHEREAS, short-term storage and consolidation of household hazardous waste at a permanent collection facility has enabled other jurisdictions to lower the disposal cost per unit of this material; and

WHEREAS, the sharing of disposal contractor mobilization and transportation expenses through a disposal contract coordinated with other local governments in the Triangle would likely reduce disposal costs for household hazardous waste; and

WHEREAS, joint bidding on household hazardous waste storage buildings and equipment with other local governments in the Triangle would likely result in cost savings; and

WHEREAS, the Triangle Region Solid Waste Planners Committee has conducted a ten-month study of permanent household hazardous waste collection facilities in the United States and produced a valuable report and recommendations for the Triangle region;

NOW, THEREFORE, BE IT RESOLVED that the Town of Chapel Hill supports the efforts of the Triangle Region Solid Waste Planners Committee to determine the cost-effectiveness of coordinated household waste collection from permanent collection facilities in the Triangle region; and

BE IT FURTHER RESOLVED that the Town of Chapel Hill authorizes the Manager to appoint one or more representatives to serve on the Triangle Region Solid Waste Planners Committees for the purpose of developing and reviewing responses to region-wide Requests for Qualifications and Requests for Proposals regarding:

(a) a coordinated disposal contract for household hazardous waste collected from permanent sites in the region; and

(b) a joint bid on household hazardous waste storage buildings and equipment; and

BE IT FURTHER RESOLVED that, if a permanent facility in the Town of Chapel Hill appears cost-effective as a result of responses to region-wide Requests for Proposals for coordinated household hazardous waste disposal, the Town of Chapel Hill endorses the concept of establishing a permanent household hazardous waste collection facility within its jurisdiction.

This the 14th day of June, 1993.

Item 9 Consent Agenda

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS D, F AND H. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-6-14/R-5)

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

a. Minutes of May 10, 11, 17, 18, 24 and 25.

b. Scheduling June 15th budget work session (R-6).

c. Project ordinance for transportation capital grant

(O-1).

d. Bids for Middle Bolin Creek, Phase I greenway/bikeway (R-8).

e. Audit contract. Mayor Broun. (R-9).

f. Plans for 1994 Apple Chill street fair (R-10 and R-11).

g. Fourth of July celebration arrangements (R-12).

h. Town Hall parking regulations (O-2).

i. Amendment to HOME Program (R-13).

j. Lease of Parking Lot #6 (R-14).

This the 14th day of June, 1993.

A RESOLUTION SCHEDULING A BUDGET WORK SESSION (93-6-14/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that Council hereby schedules a budget work session at 7:30 p.m. on Tuesday, June 15th in the Council Chamber.

This the 14th day of June, 1993.

AN ORDINANCE TO ADOPT A GRANT PROJECT ORDINANCE FOR TRANSIT PROJECTS (93‑6‑14/O-1)

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

SECTION I

The project authorized is a Transit Capital Grant from 1993 federal funds from an agreement with the Federal Transit Administration, more specifically known as Project NC‑90‑X149. The project provides funds for transit capital activities.

SECTION II

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

SECTION III

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

Section 9

Federal Transportation Administration (FTA) $160,000

N.C. Department of Transportation (NCDOT) 20,000

Town of Chapel Hill (local match) 20,000

────────

TOTAL $200,000

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SECTION IV

The following amounts are appropriated for the project:

Construction Park/Ride Lot $200,000

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SECTION V

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

SECTION VI

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

This the 14th day of June, 1993.

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 1992-93 (93-6-14/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to sign a contract with the CPA firm of Deloitte & Touche in the amount of $34,130 for conducting the annual audit for fiscal year 1992-93.

This the 14th day of June, 1993.

A RESOLUTION AUTHORIZING AGREEMENTS AND RELATED ACTIONS FOR THE JULY FOURTH COMMUNITY CELEBRATION (93-6-14/R-12)

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

BE IT FURTHER RESOLVED that the Council authorizes the Manager to temporarily close Ridge Road in the vicinity of the Ramshead parking lot between Manning Drive and Stadium Drive on the evening of July 4, 1993 and on the raindate of July 5, 1993, if necessary.

BE IT FURTHER RESOLVED that the Council expresses its sincere appreciation to the Town of Carrboro, the University of North Carolina at Chapel Hill Department of Athletics, Office of Business and Finance, and Department of Physical Education for their willingness to make facilities and staff available for this community celebration; to the University Departments of Police, Traffic and Parking, and Health and Safety for their cooperative support, and to The Chapel Hill Herald Newspaper, WCHL Radio, Performance Chevrolet, Carolina Meadows Retirement Community, Village Companies Foundation, First Citizens Bank, and Wachovia Bank for their support and participation to help make the July Fourth community celebration possible.

This the 14th day of June, 1993.

A RESOLUTION AUTHORIZING AN AMENDMENT TO THE ORANGE COUNTY HOME CONSORTIUM PROGRAM TO REPROGRAM $300,000 (93-6-14/R-13)

WHEREAS, the Council on July 6, 1992 approved the participation of the Town of Chapel Hill in the Orange County HOME Consortium; and

WHEREAS, the State of North Carolina awarded the Consortium $803,600 in grant funds in August, 1992, including $300,000 for the Erwin Village homeownership program; and

WHEREAS, the Town Council at its February 1, 1993 work session elected not to provide additional funds for the Erwin Village project due to concerns about project costs and affordability for low-income families; and

WHEREAS, the Orange Community Housing Corporation proposes to reprogram the HOME grant funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves an amendment to the Orange County HOME Consortium Program to reprogram $300,000 for the following purposes:

Pine Knolls $ 32,000

Townhome Program $ 68,000

Homeownership-Hillsborough $ 200,000

BE IT FURTHER RESOLVED that the Council requests that Orange Community Housing Corporation continue to work with the Knolls Development Association to identify possible sources of funding and assistance to enable it to reach its goal of twenty homeownership opportunities.

This the 14th day of June, 1993.

A RESOLUTION AUTHORIZING THE NEGOTIATION OF AN AGREEMENT FOR THE LEASE OF PARKING SPACES IN LOT #6 WITH BROWN & BUNCH COUNSELORS AND ATTORNEYS AT LAW (93‑6‑14/R‑14)

WHEREAS, the Town owns and operates Parking Lot #6 on Rosemary Street which has twelve monthly rental spaces available; and

WHEREAS, Brown & Bunch owns and leases property near this lot and has requested that the Town enter into a long term lease of these spaces for the use of its tenants;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to negotiate an agreement on behalf of the Town with Brown & Bunch for the lease of parking spaces at Town Lot #6. This agreement will include substantially the same terms and conditions presented to the Council in the attached memorandum; said agreement will be brought back to the Council at its regular meeting on June 28, 1993 for ratification.

This the 14th day of June, 1993.

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES REGARDING NOISE CONTROL FOR A SPECIAL EVENT TO BE HELD ON JUNE 27, 1993 BETWEEN 3:00 P.M. AND 8:00 P.M. (93-6-14/O-3)

WHEREAS, the Chapel Hill Teen Center and the Parks and Recreation Department are proposing to cosponsor an outdoor event at Hargraves Park for local youth to celebrate the end of the school year; and

WHEREAS, a change in Chapter 11 of the Town Code of Ordinances would be required to approve this request; and

WHEREAS, the time of the event should have minimal negative impact on the surrounding neighborhoods;

NOW, THEREFORE BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 11 of the Town Code of Ordinances is hereby amended as follows:

SECTION I

AMEND SECTION 11-39 (D) (3) as follows:

(3) Daytime/Evening sound levels in excess of sixty (60) Db(A) will be permitted upon the issuance of a permit and allow sound levels exceeding those set above as follows:

Sunday 70 Db (A)

(3:00 P.M. - 8:00 P.M.)

SECTION II

Section I of this Ordinance shall be effective only on June 27, 1993 between 3:00 P.M. and 8:00 P.M., after which times in the previously adopted Ordinance shall become effective.

This the 14th day of June, 1993.

Council Member Capowski expressed the Council's thanks to the North Carolina Department of Transportation and to the Town's Bicycle Advisory Committee for the grant.

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

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR MIDDLE BOLIN CREEK GREENWAY/BIKEWAY (93-6-14/R-7)

WHEREAS, The Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill News on April 14, 1993, and the Challenger Newspaper on April 15, 1993 in accordance with G.S. 143-129 for the Bolin Creek Greenway/Bikeway project; and

WHEREAS, the following bids were received and opened on May 5, 1993; and

Contractors Bid Amount

Patriot Building Company, Inc. $302,784.00

C. C. Mangum, Inc. $387,607.66

Triangle Paving $558,448.50

WHEREAS, the costs for alternates bid by Patriot Building Company, Inc. for the project total $37,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid and awards a contract to Patriot Building Company, Inc. for the base bid and alternates in the amount of $339,784 for the Middle Bolin Creek Greenway/Bikeway project.

BE IT FURTHER RESOLVED that the Manager is authorized in the case of this construction project to execute change orders limited by the total project budget of $390,792 rather than by a cumulative limit of 10% of the original contract.

This the 14th day of June, 1993.

Council Member Werner said he was not convinced of the need to hold the Apple Chill street fair in June, particularly given the potential for hot weather. Council Member Capowski suggested holding Apple Chill on May 1st with a rain date in early June. Council Member Werner noted that Apple Chill was very rarely rained out. Council Member Herzenberg said holding the fair in June would be ridiculous. Council Member Herzenberg said although he sympathized with the Bicentennial Committee, Apple Chill should continue to be held during April. Bicentennial Committee Member Betty Caldwell said it was up to the Council to determine the best date for Apple Chill. Council Member Rimer inquired about the possibility of holding Apple Chill on April 17th, with a rain date of May 1st. Mr. Loveman said the staff's only concern about this proposal was that food vendors preferred a maximum of one week between proposed fair dates. Mr. Loveman said he thought May 1st and 8th would work well. Council Member Powell inquired about the possibility of April 10th and 17th. Mr. Loveman said this would not pose any problems. Ms. Caldwell said she thought the University had a major event planned for April 9th. Mayor Broun noted that no decision was needed this evening. He added that the Council appeared to concur that April 10th and 17th were the best dates and that June was too late for holding the Apple Chill street fair.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 10, WITH AN EVENT DATE OF APRIL 10TH AND A RAIN DATE OF APRIL 17TH AND RESOLUTION 11 AS PROPOSED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION OF APPROVAL OF THE DATE FOR APPLE CHILL IN 1994

(93-6-14/R-10)

WHEREAS, the Town of Chapel Hill will be celebrating its 200th birthday from October 1993 through April 1994; and

WHEREAS, the final closing event will be a community-wide celebration on Sunday, April 24, 1994; and

WHEREAS, the custom has been in recent years to hold Apple Chill on the third Sunday in April; and

WHEREAS, the Council wishes to ensure that the community has the opportunity to celebrate both the traditional Apple Chill and the Bicentennial,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Apple Chill in 1994 will be held on Sunday, April 10, 1994, with a rain date of Sunday, April 17, 1994.

This the 14th day of June, 1993.

A RESOLUTION OF SUPPORT FOR THE BICENTENNIAL CELEBRATION OF THE TOWN OF CHAPEL HILL (93-6-14/R-11)

WHEREAS, the Council of the Town of Chapel Hill appointed a Bicentennial Committee to plan the commemoration and celebration of the 200th anniversary of Chapel Hill; and

WHEREAS, this committee has proceeded to develop a seven month schedule including a wide variety of activities meant to include the entire community; and

WHEREAS, the committee proposes to hold the final closing activities as an outdoor event to take place downtown; and

WHEREAS, other community events traditionally occur on Franklin Street in April,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that April 24, 1994 be set aside in the community's calendar for the Bicentennial event.

BE IT FURTHER RESOLVED that the Council hereby expresses its thanks to the many Chapel Hillians who are working to make the community's Bicentennial a memorable and enjoyable time.

This the 14th day of June, 1993.

Council Member Brown inquired about the procedure for issuance of parking tickets. Mr. Horton said the proposed ordinance made it possible to issue tickets when violators were identified.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(93-6-14/O-2)

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

SECTION I

That Section 21-18.2 of the Town Code of Ordinances, "Impounding improperly parked vehicles" is amended as follows:

The police department of the Town of Chapel Hill is hereby authorized to remove, tow in, and impound any motor vehicle which is parked or left standing or allowed to be parked or left standing in the public streets, sidewalks, alleys, or parking facilities of the town in violation of any ordinance of the town or state law relating to the parking or nonparking of such vehicles. The owner shall be responsible for and pay storage and moving fees and related notification costs for any vehicle removed pursuant to this authority.

SECTION II

That section 21-28 of the Town Code of Ordinances, "No parking, miscellaneous regulations" is amended by inserting the following item (g) in appropriate order:

(g) It shall be unlawful to park an automobile or vehicle in the parking lots at Town Hall except for the purpose of conducting business, visiting, or employment at Town Hall.

SECTION III

These ordinances shall be effective Monday, June 28th.

SECTION IV

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

This the 14th day of June, 1993.

No report followed the Executive Session. The regular meeting concluded at 9:59 p.m.