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

CHAPEL HILL, MONDAY, AUGUST 23, 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, Finance Director James Baker, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Broun called upon Finance Director James Baker to receive the Government Finance Officers Association award for excellence in financial reporting for the fiscal year ending June 30, 1992. Mr. Baker expressed appreciation to the department's accounting staff for their efforts in receiving the award.

Mayor Broun recognized two non-incumbent Council candidates, Lee Pavao and Ken Rudo, who were in attendance. He also noted that three incumbents, Council Members Joyce Brown, Barbara Powell and Alan Rimer, were seeking reelection.

Item 3 Petitions

Noting that six persons had asked to speak on the Town's handgun control ordinance, Mayor Broun noted that the hearing on this matter was tentatively scheduled for September 7th and would be finally set later in the evening. He suggested that comments on this matter would be received by the Council at the public hearing.

Ken Rudo, a Town resident for eleven years, expressed concern that the Town had a number of growth-related problems. Mr. Rudo urged the Council to use water and sewer sales tax receipts to provide sewer service to neighborhoods experiencing public health problems. Stating that the Town was approaching the point of becoming a city, Mr. Rudo requested that the Council place a two or three-year moratorium on new growth and development.

Rick Edens expressed concern about OWASA's charges for sewer service extensions to private residences. He urged the Council to commit water and sewer sales tax revenues to reducing the costs of providing sewer service, thereby protecting citizens' public health.

Henry Lister presented the Council with a series of questions to address at the joint Council/OWASA meeting on September 28th. He suggested that the OWASA Board request that OWASA absorb additional costs for providing sewer service. A copy of Mr. Lister's remarks are on file in the Town Clerk's Office.

Council Member Brown inquired about the feasibility of wastewater reuse on the Finley Forest golf course. Council Member Andresen said she would explore this possibility with OWASA staff.

Council Member Brown reminded the Council of Mr. John DeGrove's growth management seminar to be held on September 30th. She requested that the seminar be included in future Town calendar listings.

Council Member Andresen said that she had written a letter to the Orange County Board of Commissioners, requesting that their public hearing on area watershed standards be continued. She noted the importance of maintaining high water quality standards. Council Member Andresen also stated that rapid growth might possibly occur in the Cane Creek area in the future. She suggested that an item concerning water quality standards be placed on the September 13th agenda. Council Member Werner said that water quality concerns had been discussed at the Coordination and Consultation Committee (CCC) meeting earlier in the day. He noted that the Town had four to six weeks to submit written comments to Orange County.

Council Member Andresen noted that the Town of Hillsborough's consulting engineer had approved a water-line extension into the rural buffer, in violation of the County's water and sewer service extension policy. Council Member Andresen said she was thoroughly convinced that the error was an innocent one. Council Member Capowski suggested that the matter be put on the OWASA's Board next agenda for follow-up. Council Member Rimer concurred, adding that the matter might also be discussed at the October 14th joint planning hearing.

Council Member Werner expressed concern that the Town of Hillsborough appeared to have no limitations in the extension of water and sewer service.

Mayor Broun suggested that a joint forum with Orange County and the Town of Hillsborough, such as the October 14th joint planning hearing, was needed to further discuss the situation. Council Member Brown said she wanted to know the nature of water and sewer service extension agreements between Orange County and the Town of Hillsborough. Council Member Powell requested that this information be provided in a follow-up memorandum to the Council. Mr. Horton said the staff would distribute Orange County's memorandum on this matter as soon as possible. Mayor Broun suggested that service extension concerns could be raised at the October 14th joint planning hearing.

Council Member Capowski reported that the Police Department Recordkeeping System Committee was making significant progress in its evaluation of computer systems.

Council Member Herzenberg urged staff to continue working with Mr. Squeaky Morgan and other street vendors concerning Town development standards. He also requested that the Parks and Recreation Department continue to work with community youth with respect to participation in the Apple Chill and Festifall street festivals.

Council Member Herzenberg noted that August 23, 1993 marked the 20th anniversary of the creation of the Town's bus system.

Noting two recent fatal shootings in Carrboro and the Town, Council Member Werner said a number of citizens had spoken in favor of more stringent handgun control regulations. Council Member Werner suggested that the Council hold a hearing on Tuesday, September 7th to initiative a community dialogue on handgun-related matters.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO HOLD A PUBLIC HEARING ON TUESDAY, SEPTEMBER 7TH AT 7:30 P.M. IN THE COUNCIL CHAMBER TO RECEIVE COMMENT ON THE TOWN'S GUN CONTROL ORDINANCE, AND WHAT, IF ANY, CHANGES SHOULD BE MADE TO THE ORDINANCE.

Council Member Werner requested that the Manager and Attorney provide background on potential actions by the Town, and ordinances and experiences from other communities, relative to handgun controls.

Noting that the Town had a world-renowned trauma center at the UNC Hospitals complex, Council Member Capowski said several trauma experts had been invited to make opening comments and answering Council questions at the September 7th hearing. Council Member Capowski said he looked forward to receiving scientific evidence on gun-related trauma injuries. He stated that the goal of the hearing should be identify ways to reduce the level of violent crime in the community. Council Member Capowski requested staff responses on whether a handgun ban would be helpful; what, if any effect, would such a ban have on the Police Department; how such a ban would be used by the department, and any alternative suggestions to a handgun ban.

Mayor Broun inquired whether staff could answer these questions by September 7th. Mr. Horton said the staff would give its best efforts to respond to the Council's questions as soon as possible. Council Member Werner noted that it was likely that a number of additional issues would be raised at the hearing.

Council Member Herzenberg commended Council Member Werner and other Council Members for their statements following the Kristin Lodge-Miller shooting on July 15th. Council Member Herzenberg inquired how the Council would deal with the emotional nature of the issue. He also inquired whether the proposed hearing would have a specific or general focus. Council Member Herzenberg said it was clear that the community wanted to come to grips with the issue of handgun violence as soon as possible. Mayor Broun suggested that comments at the September 7th public hearing should be directed to whether or not the Town should take additional steps regarding handgun control.

Council Member Andresen said she feared that a non-focused debate would involve a lot of emotion and anger and not be productive. She urged the Council to keep an eye on what could be done to be productive and how to reduce gun-related crime.

Council Member Powell said she was uncertain how the Council could change the focus of the proposed hearing. Mayor Broun suggested that the hearing be focused on the use of guns in the commission of violent acts. Council Member Werner suggested that the Council focus on possible ordinance-related actions. Council Member Andresen suggested that the hearing have a broader focus. Mayor Broun said he wondered whether there was really much difference between Council Member Andresen's and Werner's viewpoints.

Council Member Capowski inquired about the specific of the proposed hearing. Mayor Broun said the focus should be whether the Town should change its gun control standards, and if so, how. Mayor Broun noted that following initial staff and hospital presentations he would be strictly enforcing the three-minute per speaker time limit.

Council Member Powell inquired whether answers to Council Member Capowski's questions were crucial prior to the September 7th hearing. Council Member Capowski said the Council's goal had to be to reduce violent crime by using constitutionally-available regulations. Council Member Capowski said he especially wanted to hear from the Police Department about how a possible handgun ban would be utilized. Council Member Andresen noted that the comments at the public hearing could cover a range of possible actions.

Council Member Brown said she would be interested in receiving information about the Violent Crime and Drug Abuse Program's recommendations about increased crime in the community.

THE MOTION TO SCHEDULE A PUBLIC HEARING WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

Mayor Broun requested a follow-up staff report on the General Assembly's recently-enacted legislation on smoking in public buildings. He noted that the Town would need to take action on the matter by no later than October 15th. Council Member Herzenberg requested that staff examine the Orange, Durham and Wake County Health Department reports concerning proposed smoking restrictions. Council Member Andresen noted that the Council had an opportunity to make existing smoking regulations more restrictive. Mayor Broun said that the existing ordinance could not be amended. He stated that strengthening the ordinance would necessitate the adoption of a completely new ordinance by October 15th.

Item 4 Boards and Commissions

Mayor Broun noted that Council Member Herzenberg had expressed interest in serving as the Council's representative on the Orange County Visitors Bureau Board of Directors.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO APPOINT COUNCIL MEMBER HERZENBERG AS THE COUNCIL'S REPRESENTATIVE ON THE ORANGE COUNTY VISITORS BUREAU BOARD OF DIRECTORS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT SUSAN ROSEFIELDE AND REAPPOINT JOSEPH ROWAND TO THE PUBLIC ART ENDOWMENT FUND COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT SARAH KOGUT AS CHAIR OF THE SEXUAL ASSAULT AND DOMESTIC VIOLENCE COMMITTEE AND MILDRED COUNCIL AS A MEMBER OF THE (SAME/SEXUAL ASSAULT AND DOMESTIC VIOLENCE) COMMITTEE OF THE VIOLENT CRIME AND DRUG ABUSE PROGRAM. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 1, STAGGERING TERMS OF OFFICE FOR THE PUBLIC ART ENDOWMENT FUND COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION STAGGERING TERMS OF OFFICE FOR PUBLIC ART ENDOWMENT FUND COMMITTEE MEMBERS (93-8-23/R-1)

WHEREAS, the Public Art Endowment Fund Committee has requested that the Town Council stagger the terms of its members;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following staggered terms for Public Art Endowment Fund Committee members are established:

Member Name Proposed Term Expiration

Seat formerly held by 6/30/96 (Ms. Namm has resigned due

Ms. Katie Namm to her relocation)

Seat formerly held by 6/30/96 (Mr. Slater has resigned to

Herschel Slater pursue other interests)

Joseph Rowand 6/30/96 (The Committee requests that Mr. Rowand be reappointed for a three year term to expire 6/30/96)

Michael Brown 6/30/94

Ms. Eileen Helton 6/30/94

Ms. Anne Loeb 6/30/94

Ms. Betty Cloutier 6/30/95

Ms. Carolyn Leith 6/30/95

Ms. Nancy S. Preston 6/30/95

This the 23rd day of August, 1993.

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

A RESOLUTION ESTABLISHING STAGGERING OF TERMS OF OFFICE FOR DESIGN REVIEW BOARD MEMBERS (93-8-23/R-2)

WHEREAS, the Town Council requested that the Design Review Board consider staggering terms of office for its members; and

WHEREAS, the Design Review Board discussed this matter at its June 10th and August 5th meetings;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following staggered term system for Design Review Board membership is established:

Member Affiliation Name Proposed Term Expiration

Landscape David Swanson June 30, 1994

Architect

Engineer Bruce Ballentine June 30, 1994

Architect Michael Hining June 30, 1995

At-large Thomas Bulthuis June 30, 1995

Planner Robert Stipe June 30, 1996

At-large Alice Ingram June 30, 1996

This the 23rd day of August, 1993.

Item 5 Durham-Chapel Hill-Carrboro Transportation

Improvements Program

Planning Director Roger Waldon reviewed the proposed Transportation Improvements Program. He noted that the statewide program had been released on August 8th, including a recommendation that the highest priority be given to funding new buses for the Town. Mr. Waldon briefly reviewed Resolutions 3a and b, noting that adoption of both was recommended.

Mayor Broun noted that as chair of the Transportation Advisory Committee, he supported adoption of the two proposed resolutions. He added that some bargaining was still needed on the Department of Transportation's new pedestrian policy.

Council Member Andresen inquired about the status of the Jack Bennett Road southern connector as a means of taking traffic off U.S. 15-501 South. Mayor Broun noted that planned improvements to Jack Bennett Road were of a safety-related nature, rather than creating a connector roadway. He stated that Chatham and Durham County residents were ambivalent about the upgrading of Jack Bennett Road to a connector road. Mayor Broun said the Council needed to continue working with Chatham and Durham County officials on this matter. Council Member Andresen inquired about the amount of funds for Jack Bennett Road safety improvements. Mayor Broun said a total of about $500,000 was involved to improve roadway curves and grading.

Council Member Capowski inquired about the priority listing of projects in the staff's memorandum to the Council. Mr. Bonk stated that items one through six on page eleven of the staff memorandum had been accommodated in the State's Transportation Improvements Program. After briefly reviewing the Transportation Advisory Committee and Transportation Coordinating Committee's processes, Mayor Broun noted that the Town would not receive funding for all of its transportation project priorities.

Council Member Capowski expressed support for moving up the pedestrian and bicycle bridge crossing Morgan Creek from Ashe Place to the Arboretum. Mayor Broun noted that this project was reasonably high on the project priority list. Council Member Capowski inquired whether it would be possible to move up the feasibility study from its projected date of 1997. Mayor Broun said he favored doing this and would share this request with the Transportation Advisory Committee.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 3A, WITH THE FEASIBILITY STUDY FOR THE ASHE PLACE/ARBORETUM BRIDGE BEING MOVED UP TO 1994 OR AS SOON AS POSSIBLE.

Council Member Herzenberg suggested that staff undertake a mailing to residents of the Ashe Place/Arboretum area to make them aware of the proposed bicycle and pedestrian bridge. Council Member Capowski noted that he had discussed this proposed project with principals of the King's Mill Homeowners Association.

Council Member Brown inquired whether the State Transportation Improvements Program recommended widening Estes Drive to three lanes. Mr. Bonk said yes. He briefly reviewed the proposed limits of the project.

Council Member Brown expressed concern that the proposed Transportation Improvements Program did not appear to address the Town's wishes about the desirable way to build roadways. Mr. Horton said some progress had been made in negotiating NC 86 improvements with the Department of Transportation. He emphasized the need for persistence in working with State transportation officials on roadway improvements.

Council Member Brown inquired why the widening of U.S. 15-501 South was included on only one of the priority listings. Mr. Bonk said this project was only reflected on the State's Transportation Improvements Program listing. Council Member Brown said she favored moving the U.S. 15-501 project up from priority number twenty on the State's Transportation Improvements Program listing. Mayor Broun and Council Member Andresen expressed their support for this change.

THE MOTIONER (COUNCIL MEMBER CAPOWSKI) AND SECONDED (COUNCIL MEMBER RIMER) CONCURRED WITH THE PROPOSED AMENDMENT, TO MOVE THE US 15-501 PROJECT UP FROM PRIORITY NUMBER TWENTY ON THE PRIORITY LISTING.

Council Member Andresen inquired about the proposed widening of Smith Level Road. Mr. Bonk described the proposed project's limits. Council Member Andresen said she thought the Council should pursue the preservation of scenic vistas along Smith Level Road. Council Member Capowski inquired whether the proposed annexation agreement between Carrboro and the Town called for a boundary down the middle of Smith Level Road. Council Member Andresen said yes. Mr. Bonk said equal widening would take place on both sides of the road. Council Member Andresen noted that there was a joint memorandum of understanding on the matter.

Council Member Werner inquired whether Laurel Hill Parkway had been removed from the State's Transportation Improvements Program. Mayor Broun said this had not yet occurred, a letter requesting removal of Laurel Hill Parkway would be forwarded to the State Transportation Board in the near future. Council Member Werner said proposed roadway improvements from Chatham County into the Town were contrary to the Town's southern small area plan process.

Council Member Werner also inquired why funds had been spent on a study concerning Chapel Hill Boulevard from Interstate 40 to the U.S. 15-501 interchange, when a similar study was already underway. Mayor Broun noted that no final decision had been made on this matter. Council Member Werner expressed concern that the State Department of Transportation's priorities appeared to be overriding the desires of local governments. Mayor Broun noted that neighboring communities did not always agree on proposed roadway programs. He added that the State ultimately had the final say over most roadway matters.

Council Member Brown inquired how U.S. 15-501 South became part of the National Highway System. Mayor Broun noted that local officials had no control over this designation.

Council Member Capowski said it was probable that the Carrboro Board of Aldermen did not know about the Smith Level Road proposal. He suggested that the Carrboro Board of Aldermen be made aware of the situation prior to the September 8th TAC meeting. Mayor Broun inquired whether Town staff had discussed the Smith Level Road roadway project proposal with Carrboro Town staff. Mr. Bonk said yes. Council Member Capowski reiterated his concern that the Carrboro Board of Aldermen were not aware of the proposal.

Council Member Brown inquired about the Council's flexibility in making changes to the proposed Transportation Improvements Program. Mr. Horton said there were some limitations on how changes could be made to the proposed TIP.

RESOLUTION 3A, AS AMENDED, MOVING UP THE PRIORITIES FOR THE ARBORETUM DRIVE/ASHE PLACE AND NORTH COLUMBIA STREET BICYCLE FACILITIES PROJECTS WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION RECOMMENDING CHANGES TO THE DRAFT DURHAM-CHAPEL HILL-CARRBORO URBAN AREA 1994-2000 TRANSPORTATION IMPROVEMENT PROGRAM (93-8-23/R-3a)

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilities; and

WHEREAS, the Durham Urban Area Transportation Advisory Committee must prepare a Local Transportation Improvement Program and has requested public comment on the draft Local Transportation Improvement Program; and

WHEREAS, the Council supports the efforts of the Transportation Advisory Committee to implement fully the provisions of the 1991 Intermodal Surface Transportation Efficiency Act; and

WHEREAS, the Town of Chapel Hill has considered its transportation needs and identified projects that would meet the Town's transportation goals; and

WHEREAS, the Council has reviewed the draft Urban Area Local Transportation Improvement Program.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends to the Transportation Advisory Committee the following changes to the draft Local Transportation Improvement Program:

* Indicate that alternative funding sources, such as the Surface Transportation Program, will be required to fund the purchase of 28 buses if Section 3 funds are withdrawn.

* Include bikelanes, sidewalks and a median in the project description for the U.S. 15-501 South widening project and to move the project up from Priority #20 on the State Transportation Improvement Program.

* Provide State funding for the pedestrian improvements for the N.C. 86 project as part of the widening project under the new State pedestrian policy. If this project continues to be funded from the 1993 Urban Area STP Direct Allocation fund, the local share should be assumed by the State.

* Revise the scope for the Homestead Road widening project to extended the improvements to N.C. 86 and include bicycle and pedestrian facilities.

* Initiate the feasibility study for the Ashe Place/Arboretum Bridge in 1994 or as soon as possible.

* Revise the scope of the Estes Drive widening project to include bikelanes and sidewalks and incorporate the bicycle improvements that are included in the independent bicycle project that extends to Caswell.

This the 23rd day of August, 1993.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 3B. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION RECOMMENDING PROCEDURAL CHANGES IN DEVELOPMENT OF STATEWIDE AND LOCAL TRANSPORTATION IMPROVEMENT PROGRAMS

(93-8-23/R-3b)

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilities; and

WHEREAS, the Durham Urban Area Transportation Advisory Committee must prepare a Local Transportation Improvement; and

WHEREAS, the Council supports the efforts of the Transportation Advisory Committee to implement fully the provisions of the 1991 Intermodal Surface Transportation Efficiency Act; and

WHEREAS, the Town of Chapel Hill regularly considers its transportation needs and identifies projects that would meet the Town's transportation goals; and

WHEREAS, the process for preparing Statewide and Local Transportation Improvement Programs does not fully address local needs and priorities.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the efforts of the Transportation Advisory Committee to make the following changes to the process for preparing Transportation Improvement Programs:

* Include designation of the Surface Transportation Fund Direct Allocation funds beginning in FY 1997 for allocation by the Transportation Advisory Committee.

* Develop a project selection process and criteria for Surface Transportation Fund, Enhancement Fund and Congestion Mitigation and Air Quality Fund projects that recognizes the unique needs of the large urban areas and is consistent with the Act.

* Work toward increased funding for bicycle and pedestrian projects and substantial changes to the State Pedestrian Policy to accommodate the need for expanded pedestrian facilities.

This the 23rd day of August, 1993.

Item 6 Cable Television Issues

Assistant to the Manager Greg Feller said the resolution before the Council was essentially a procedural step. Mr. Feller briefly reviewed keypoints of proposed regulations. He stated that staff was requesting that the Council authorize the Manager to subject the cable television system to local rate regulation. Mr. Feller noted that although the Town had the legal authority to do so, the cable television company could challenge this authorization. He also said that a very tight timeframe had made it impossible for the Cable Television Advisory Committee to thoroughly review the proposal.

Grainger Barrett, representing the Cable Television Advisory Committee, said the committee unanimously agreed with the staff's recommendation concerning rate authority. Noting the concern of citizens about possible cable television rate increases, Mr. Barrett said Carrboro and the Town could complain directly to the Federal Communications Commission about unfair cable television rates. Mayor Broun inquired whether the Town would be able to regulate rates for local stations. Mr. Barrett said the authority applied to various tiers of cable service. Mayor Broun inquired whether it was correct that pay-per-view events were not regulated. Mr. Barrett said this was correct.

Council Member Capowski said the Town's rate authority was limited to regulation of the basic tier. He inquired whether other charges could be regulated locally. Mr. Feller said some other fees could be regulated locally. Council Member Capowski inquired about the Council's authority concerning general cable billing. Mr. Feller said the Town had some limited authority to regulate bills, primarily regarding basic tier service and associated equipment.

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

A RESOLUTION AUTHORIZING THE MANAGER TO APPLY TO THE FEDERAL COMMUNICATIONS COMMISSION ON BEHALF OF THE TOWN FOR CERTIFICATION TO ENABLE TO TOWN TO ENFORCE FEDERAL RULES REGULATING CABLE TELEVISION RATES FOR CERTAIN CHANNELS (93-8-23/R-4).

WHEREAS, on April 1, 1993, the Federal Communications Commission adopted a Report and Order and Further Notice of Proposed Rule-making, in MM Docket 92-266, implementation of sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, FCC No. 93-177, released May 3, 1993, effective September 1, 1993, ("FCC regulations") which describes a comprehensive process whereby franchising authorities may regulate the rates charged by existing cable television operators for the basic service tier; and

WHEREAS, the FCC procedure allows franchising authorities to seek certification from the FCC and thereafter regulate the rates charged by cable operators for the basic service tier; and

WHEREAS, the Town, as franchising authority, has reviewed the FCC certification process and applicable FCC forms and determined that it has the legal authority and financial capability to exercise rate regulation under the FCC's regulations; and

WHEREAS, the Town, with assistance from qualified advisors, has determined that it is in the best interests of the Town, its residents, and cable television subscribers to exercise the regulatory authority afforded franchising authorities under the FCC's regulations; and

WHEREAS, the Town, has determined that its best interests are served by moving forward in an expeditious manner seeking certification from the FCC to regulate the basic cable service tier to avoid potential rate increases which may result in higher overall rates charged to cable television subscribers within the Town;

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

1. The Town Manager is hereby authorized to submit all applicable forms to the FCC to seek certification for regulation of the basic service tier.

2. No further action or approval by the Council shall be required for execution of any and all appropriate forms to be submitted to the FCC for regulation of the basic service tier.

This the 23rd day of August, 1993.

Council Member Rimer noted that the City of Raleigh had a staff member with expertise in cable television franchising matters. He suggested that the Triangle J Council of Governments might assist in coordinating a contract to make the staff member's time available for consultation on cable refranchising matters.

Item 7 Meeting Calendars

Mr. Horton said a total of forty-two meetings were proposed for 1993-1994. He provided an overview of the proposed calendar, noting that a new Council was to be seated in December.

Noting that the Planning and Reporting Session originally scheduled for August 30th had been postponed, Council Member Andresen inquired about the possibility of a discussion of planning issues prior to December, 1993. Mr. Horton said the staff could attempt to identify a suitable time for this matter in the near future.

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

A RESOLUTION ADOPTING A CALENDAR OF COUNCIL MEETINGS INCLUDING QUARTERLY PLANNING AND REPORTING SESSIONS, AND A PROCESS AND CALENDAR FOR DEVELOPING THE 1994-95 BUDGET, 1994‑1999 CAPITAL IMPROVEMENT PROGRAM AND 1994 COMMUNITY DEVELOPMENT APPLICATION (93‑8‑23/R‑5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the attached calendar of meetings through 1993 and for 1994. This calendar shall be subject to revision including changes by the 1993-95 Council.

Unless otherwise specified by the Council, meetings held pursuant to this resolution shall begin at 7:30 pm.

This the 23rd day of August, 1993.

Item 8 Orange County Civil Rights Ordinance Hearing Arrangements

Mr. Horton stated that Orange County had invited comment from the Towns of Carrboro and Hillsborough and the Town concerning the proposed civil rights ordinance. He said the staff recommended that the Council attend and participate in the hearing before taking any action. Mr. Horton added that the staff also recommended the Town holding a separate public hearing on the proposed ordinance in the future if the Council were inclined to consider the proposed ordinance being effective within the Town limits.

Council Member Herzenberg noted that Orange County had been working on the drafting of a civil rights ordinance since 1987. He said the focus of the effort was to facilitate enforcement of basic civil rights protections at local levels. Council Member Herzenberg said the Carrboro Board of Aldermen appeared to have backed away from the proposal. He said it was wise to wait and see how Orange County acted on the proposal.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 5.1.

Council Member Andresen said she was not convinced that the proposed ordinance would improve the existing civil rights situation. She also expressed concern that administration of the ordinance might necessitate the establishment of a new Orange County agency for enforcement purposes.

Council Member Herzenberg noted that a recent article in the Chapel Hill Herald had noted that New Hanover County had recently enacted local civil rights protection provisions which would not necessitate another level of government.

Mayor Broun noted that the Council was only talking about a hearing process at this point.

Council Member Werner inquired about existing local civil rights protection ordinances. Mr. Horton said the Town had a fair housing ordinance. He also noted that the Council might wish to adopt ordinance language differing from that being considered by Orange County. Council Member Werner said he believed that the Council would likely move ahead on its own in the matter. Mr. Horton added that State statutes stipulated the lead role of counties in the establishment of civil rights protection ordinances. Noting that the Town was a part of Orange County, Mr. Karpinos said the County would enforce any ordinances adopted in this regard.

Council Member Capowski said he could not support a non-cablecast public hearing held in Hillsborough. He inquired about the residence of the members of the Orange County Human Relations Commission. Council Member Herzenberg said a large number of the Commission's members resided in Carrboro or the Town.

Council Member Rimer expressed his concurrence with Council Member Capowski's concerns about a non-cablecast hearing in Hillsborough.

COUNCIL MEMBER BROWN SUGGESTED THAT THE WORDS "PARTICIPATE IN" IN RESOLUTION 5.1 BE CHANGED TO "ATTEND". MAYOR BROUN SUGGESTED THAT THE WORD "JOINT" BE STRUCK FROM THE RESOLUTION TITLE AND THE RESOLUTION ITSELF.

Council Member Powell stated that the hearing would involve a number of local government bodies, resulting in a "joint" public hearing.

Council Member Herzenberg noted that the Carrboro Board of Aldermen had not voted on the proposed hearing at its most recent meeting. Council Member Herzenberg stated that the Council had received a packet of materials from Orange County in February or March about the proposed ordinance. He noted that there had been no negative feedback about the proposal at that time.

Mayor Broun said Council Member Werner's concerns about a joint hearing possibly being construed as a substitute for a Town hearing were well-taken. He emphasized the importance of making it clear that the Town would hold its own separate public hearing on the proposed civil rights ordinance.

Council Member Werner inquired whether a quorum were needed in the event that Council Member Brown's proposed amended resolution were adopted. Mayor Broun said the Council would not be attending the hearing as an official body.

COUNCIL MEMBER CAPOWSKI MOVED THAT THE COUNCIL ATTEND THE PROPOSED ORANGE COUNTY CIVIL RIGHTS ORDINANCE HEARING ONLY IF IT WERE CABLECASTED. THE MOTION DIED FOR LACK OF A SECOND.

RESOLUTION 5.1, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING THE PUBLIC HEARING ON THE PROPOSED ORANGE COUNTY CIVIL RIGHTS ORDINANCE (93-8-23/R-5.1)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council will attend the public hearing scheduled by the Orange County Commissioners for 7:30 pm on September 14, 1993 in the Superior Courtroom in Hillsborough to receive comments on the proposed Orange County Civil Rights Ordinance.

This the 23rd day of August, 1993.

Council Member Herzenberg requested that the Attorney prepare a brief memorandum concerning protections afforded by the Town's Housing Anti-Discrimination Ordinance.

Item 9 Orange Community Housing Corporation Performance Agreement

Mr. Horton noted that Orange Community Housing Corporation Board President Keith Aldridge and OCHC Executive Director Donna Dyer were in attendance to answer any questions by the Council. He briefly reviewed the proposed resolution, noting that OCHC had provided the community with some good affordable housing opportunities. Mr. Waldon said staff was very pleased with the progress and success of the Orange Community Housing Corporation. He noted that Resolution 6 recommended the allocation of $50,000 to the Orange Community Housing Corporation.

Noting the Council's goal of providing funding for low-cost transitional housing, Council Member Andresen inquired why staff was recommending the allocation of funds to OCHC. Mayor Broun stated that part of the Corporation's work program was to provide for transitional housing. Mr. Waldon said staff was anxious to pursue a variety of new ideas including transitional housing. Ms. Dyer noted that two transitional housing projects were underway. She noted that an informal task force had met several times during the past three to six months to develop a strategic plan for the corporation. Council Member Andresen said she was pleased by the proposed transitional housing initiatives. She requested additional specifics on the Abbott's Colony proposal. Ms. Dyer said Abbott's Colony homes would likely have $70,000 first mortgages for families having a combined income of $27,000. Council Member Andresen inquired how prospective homeowners would be selected. Ms. Dyer said a media blitz would be made sixty to ninety days prior to completion of the homes, encouraging persons to apply for homeownership opportunities. She added that two-bedroom units in the Dobbins Hill development would rent for $400 per month.

Council Member Powell requested additional information on the proposed design and implementation of townhomes by the OCHC. Ms. Dyer said a number of efforts were being explored for reprogramming funds from the Erwin Village project, including townhomes.

Noting Orange Community Housing Corporation's previous successes in leveraging funds, Council Member Capowski said he thought the proposed program was a great idea. He also expressed appreciation to the Orange Community Housing Corporation for its continuing cooperation with the Council.

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

A RESOLUTION ALLOCATING FUNDS IN SUPPORT OF THE ORANGE COMMUNITY HOUSING CORPORATION (93-8-23/R-6)

WHEREAS, the Town Council has made commitments to the promotion of low and moderate income housing opportunities, in the form of statements in its Comprehensive Plan, and its allocation of General Fund revenues to low-income housing initiatives; and

WHEREAS, the Town has received a request from the Orange Community Housing Corporation, requesting funding support to enable the Corporation to develop low and moderate income housing;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the allocation of $50,000 to the Orange Community Housing Corporation, in order to develop low and moderate income housing, and authorizes the Town Manager to execute a Performance Agreement with the Orange Community Housing Corporation in the amount of $50,000.

This the 23rd day of August, 1993.

Item 10 Annual Reports

Council Member Herzenberg noted that the Naming Committee had distributed a brief report to the Council. Council Member Andresen said it was not always necessary to name facilities after people. Council Member Werner suggested that the Naming Committee provide the Council with a list of unnamed Town facilities. Council Member Andresen expressed her concurrence with this suggestion. Council Member Herzenberg said the Committee would provide a follow-up report on facility naming in the near future. Council Member Rimer inquired whether it was the Council's wish to have the Committee put together an inventory of facilities to be named. Council Member Werner suggested that the Committee put together a brief inventory. Council Member Rimer said the Committee would do so. Noting her interest in serving on the Committee, Mayor Broun said that Council Member Powell would join Council Members Herzenberg and Rimer on the Naming Committee.

Council Member Werner said the University had been engaged in a process to hire a consultant to develop a preliminary plan for the Horace Williams tract. He stated that the University could not currently provide sufficient guidance to make the planning process worthwhile. Council Member Werner said the University was interested in receiving general input from local governments for planning of the property. Council Member Brown inquired about the possibility of involving the public in the planning process. Council Member Werner reiterated that the University was not very far along in its planning process for the Horace Williams tract. Mayor Broun suggested that the matter might possibly be discussed at a future Assembly of Governments meeting.

Council Member Andresen inquired about the possibility of establishing an agreement concerning current operations of Horace Williams Airport. Council Member Werner said Town staff had put together a list of all agreements and memorandums of understanding concerning Horace Williams Airport operations. Mr. Horton said the agreement was morally, rather than legally, binding. Council Member Andresen asked whether the agreement was voluntary. Council Member Werner said the Council did not have the authority to enforce terms of the agreement. Council Member Andresen said she hoped that the Council would deal with zoning of the airport property sometime this fall. She noted the importance of providing protection to neighborhoods surrounding the airport. Council Member Capowski said the proposed committee would only oversee operations, rather than moving the airport facility. He expressed his concurrence with Council Member Andresen's desire to move ahead with discussions regarding rezoning of the Horace Williams Airport property.

Mayor Broun said the staff's Annual Report to the Council and community was very well put together. Mr. Horton said the staff welcomed any suggestions to make the report better.

Council Member Rimer inquired whether the Town would be able to repair traffic signal problems once the Town's computerized traffic signal system was completed. Mr. Horton said once the system was completed, the Town would maintain it. He added that many items could be repaired in the shop, rather than in the field.

Item 11 Consent Agenda

Council Member Brown requested removal of item d for discussion. Council Member Powell requested removal of item l and Council Member Andresen requested removal of items n and p for discussion.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE CONSENT AGENDA (EXCEPTING ITEMS D, L, N AND P). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-8-23/R-7)

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 (except item m) in regard to the following:

a. Minutes of June 15, 21, 28 and July 6.

b. Calling hearing on administrative certificates of appropriateness Development Ordinance Text Amendment

(R-8).

c. Traffic control for new Town-maintained streets (O-1).

d. Chapel Hill-Carrboro City Schools request for expedited development review (R-9).

e. Bid award for tractor scraper (R-10).

f. Bid award for tracked excavator (R-11).

g. Rosemary Street parking deck change order (R-12).

h. Performance agreement with Downtown Commission (R-13).

i. Designation of handicapped parking space on Graham Street

(O-2).

j. Additions to Town Charter (R-13.1).

k. Authorization for Willow Drive bridge monitoring municipal agreement (R-14)

l. Mosquito control program (R-15).

m. Penalty fee for disposal of yard waste

Council Member Rimer (R-16).

n. Revised procedure for unlocking vehicles in non-emergency situations (R-17).

o. Amendment to Personnel Ordinance (O-4).

p. Streetscape Financing Committee (R-17.1).

This the 23rd day of August, 1993.

A RESOLUTION CALLING A PUBLIC HEARING ON A DEVELOPMENT ORDINANCE TEXT AMENDMENT (93-8-23/R-8).

WHEREAS, the Chapel Hill Development Ordinance does not authorize administrative approval of certain minor changes in the historic districts, and

WHEREAS, it is the policy of the Historic District Commission to authorize administrative approval of certain minor changes in the historic districts, and

WHEREAS, Development Ordinance authorization of administrative approval would clarify the Council's intent and would clarify the historic district regulations,

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 Tuesday, January 18, 1994 at the Chapel Hill Town Hall for the purpose of hearing citizen comment on amending the Chapel Hill Development Ordinance, Section 6.5 to include provisions which would permit the administrative approval of certain types of applications for Certificates of Appropriateness.

BE IT FURTHER RESOLVED that this proposed amendment is referred to the Chapel Hill Planning Board and Historic District Commission for their recommendations.

This the 23rd day of August, 1993.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(93-8-23/O-1)

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

Section I

That Section 21-13 of the Town Code of Ordinances, "Right-of-way and stop regulations." is amended by inserting the following therein, in appropriate alphabetical order:

Through Streets Stop Streets

Chippoaks Drive Big Meadows Place

Chippoaks Drive Callard Run

Erwin Road Chippoaks Drive

Merritt Mill Road Park Road

No through street Friday Center Drive

Nottingham Drive Great Oaks Place

Nottingham Drive Patton Place

Nottingham Drive St. Andrews Place

Section II

That Section 21-11 (B) (2) of the Town Code of Ordinances, "Twenty- five (25) miles per hour on the following streets:" is amended by inserting the following therein in appropriate alphabetical order:

Big Meadows Place Great Oaks Place

Callard Run Park Road

Chippoaks Drive Patton Place

Friday Center Drive St. Andrews Place

Section III

These ordinances shall become effective on Wednesday, September 1st, 1993.

Section IV

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

This the 23rd day of August, 1993.

A RESOLUTION ACCEPTING BID FOR A TRACTOR SCRAPER (93-8-23/R-10).

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on July 7, 1993, in accordance with General Statute 143-129 for a tractor scraper; and

WHEREAS, the following bid was received and opened on July 21, 1993:

Company Base Bid Trade Options Total Bid

Interstate $254,475 $7,500 $4,084 $251,059

Equip. Co.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Interstate Equipment Company in the amount of $251,059 in response to the Town's request for bids published July 7, 1993, and opened July 21, 1993, in accordance with G.S. 143-129.

This the 23rd day of August, 1993.

A RESOLUTION ACCEPTING BIDS FOR A TRACKED EXCAVATOR WITH GRAPPLE

(93-8-23/R-11)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on July 11, 1993 in accordance with General Statute 143-129 for a tracked excavator; and

WHEREAS, the following bids have been received and opened on July 28, 1993:

Company Base Bid Trade Grapple Total Bid

A.E. Finley $ 91,625 $3,000 $10,625 $ 99,250

Raleigh, NC

N.C. Equipment $ 96,439 $2,500 $12,400 $106,339

Raleigh, NC

R. W. Moore $101,450 $2,000 $11,350 $110,800

Raleigh, NC

Gregory Poole $102,016 $3,500 $11,055 $109,571

Raleigh, NC

Mitchell Dist. $104,475 $4,000 $ 9,975 $110,450

Raleigh, NC

Owsley & Sons $108,983 $ 0 $12,250 $121,233

Greensboro, NC

L.B. Smith, Inc $112,964 $2,500 $13,672.50 $124,136.50

Clayton, NC

E.F. Craven $113,117 $1,500 $11,330 $122,947

Greensboro, NC

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the low bid of A. E. Finley in the amount of $99,250 in response to the Town's request for bids published July 11, 1993 and opened July 28, 1993, in accordance with G.S. 143-129.

This the 23rd day of August, 1993.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE CHANGE ORDERS IN THE AMOUNT OF $40,925 TO PRIME SOUTH, INC. FOR ADDITIONAL WORK RELATING TO CONSTRUCTION OF THE ROSEMARY STREET PARKING FACILITY PROJECT (93-8-23/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute change orders increasing the contract amount for Prime South, Inc. on the Rosemary Street Parking Facility by $40,925.

This is the 23rd day of August, 1993.

A RESOLUTION REGARDING AUTHORIZING AN AGREEMENT WITH THE CHAPEL HILL - CARRBORO DOWNTOWN COMMISSION IN 1993-94 (93-8-23/R-13)

BE IT RESOLVED by the Council of Chapel Hill that the Council authorizes the Manager to execute an agreement with the Downtown Chapel Hill - Carrboro Commission regarding the Commission's performance of services and regarding operation of the downtown trolleys in 1993-94 in substantially the form of the 1992-93 agreement; provided further that with the appropriated funding level, the Manager is authorized to make changes in funding allocations for services other than the trolleys, subject to consistency with the service plan adopted for the downtown district.

This the 23rd day of August, 1993.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(93-8-23/O-2)

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

Section I

That Section 21-36 of the Town Code of Ordinances, "Parking space reserved for handicapped individuals." is hereby amended by inserting the following therein, in appropriate order:

(6) A parking space on the west side of Graham Street from a point approximately three hundred seventy-seven (377) feet south of the back-of-curb of West Franklin Street to a point three hundred ninety-eight (398) feet south of the back-of-curb of West Franklin Street.

Section II

This ordinance shall become effective on Thursday, September 30th, 1993.

Section III

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

This the 23rd day of August, 1993.

A RESOLUTION APPROVING INCORPORATION OF LOCAL LEGISLATION INTO THE TOWN CHARTER (8-23-93/R-13.1)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby incorporates into and approves the inclusion of the following items in future publication of the Town's Charter:

* authorization to expand requirements for sprinkler and related fire protection systems to include new construction of all non-residential buildings and residential buildings with three or more units (Section 1 of Part I of Chapter 358, 1993 session laws; incorporate as revised Section 24 in Article VI of the Charter Appendix).

* procedures for initiating recall referenda (Section 2 of Part I of Chapter 358, 1993 session laws; incorporate as new Charter section 2.5).

* authorization to use wheel locks or Denver boots in parking ordinance enforcement (Section 3 of Part I of Chapter 358, 1993 session laws; incorporate as new Charter section 5.7A).

* a revision in the section of the Charter authorizing the Town to grant density bonuses for developments including low and moderate income housing (Section 5 of Part I of Chapter 358, 1993 session laws; incorporate as revised Charter section 5.20).

* authorization to require payments in lieu of recreation area in small subdivisions (Section 3 of Chapter 549 of 1993 session laws; incorporate as a new section 5.42 in a new Article 7 in Chapter V of the Charter).

BE IT FURTHER RESOLVED that the Council authorizes the Manager to proceed with drafting ordinances that would be necessary to implement certain elements of the local legislation.

This the 23rd day of August, 1993.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR REPLACEMENT OF THE WILLOW DRIVE BRIDGE (93-8-23/R-14)

WHEREAS, the Town of Chapel Hill has requested the Department of Transportation to participate in certain work under the Federal Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the design and construction of the Willow Drive Bridge replacement; and

WHEREAS, the Town of Chapel Hill proposes to enter into an agreement with the North Carolina Department of Transportation for said work wherein the Town of Chapel Hill and the North Carolina Department of Transportation will share design and construction costs in accordance with the Federal Aid Highway Bridge Replacement and Rehabilitation Program; and

WHEREAS, under the Program the Federal Highway Administration would reimburse the Department of Transportation for eighty (80%) percent of the cost of the bridge replacement subject to compliance with all applicable federal policy and procedural rules and regulations; and

WHEREAS, under the proposed agreement the Town of Chapel Hill would reimburse the Department of Transportation for costs not paid by the Federal Highway Administration;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized to execute the required agreement between the Town of Chapel Hill and the North Carolina Department of Transportation for sharing costs relating to the design and construction of the Willow Drive Bridge replacement project in Chapel Hill.

This the 23rd day of August, 1993.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN

(93-8-23/O-4)

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 September 1, 1993.

In Section IV, part C in the Parks and Recreation section, DELETE the line

Full-time Part-time Grade

no. hrs. no. hrs.

Recreation Specialist 5 375 -- -- 21

and ADD the lines

Recreation Specialist 5 375 1 20 21

This the 23 day of August, 1993.

Council Member Brown requested that the Citizen's Energy Task Force be added to the list of committees involved in the expedited project review for Chapel Hill-Carrboro City Schools.

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

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR A SPECIAL USE PERMIT FOR A NEW HIGH SCHOOL ON WEAVER DAIRY ROAD (93-8-23/R-9).

WHEREAS, the Town of Chapel Hill has received a request from the Chapel Hill-Carrboro City Schools for expedited review of the application for a Special Use Permit for a new high school on Weaver Dairy Road; and

WHEREAS, schools are an essential public facility which serve the interest of the community at large; and

WHEREAS, the Town desires to work with the school system to provide adequate school facilities in a timely manner;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use permit application of the Chapel Hill-Carrboro City Schools proposed new high school including review, by the Citizen's Energy Task Force, in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 23rd day of August, 1993.

Council Member Powell inquired how soon the Town reacted when a citizen complained about mosquito problems. Mr. Horton said that in the case of Estes Drive concerns, staff had met with a concerned resident shortly after receiving his complaint. He added that the Town added the area in question to its mosquito control program.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 15. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TO BE ADOPTED BY THE TOWN COUNCIL DESIGNATING OFFICIAL TO SIGN NECESSARY PAPERS AND TO OTHERWISE REPRESENT THE COUNCIL IN CONNECTION WITH MOSQUITO CONTROL (93-8-23/R-15)

Upon motion of Council Member Herzenberg, seconded by Council Member Capowski, it is hereby ordered that W. Calvin Horton, Town Manager, as agent for the Town of Chapel Hill, is hereby authorized and empowered to sign and execute all papers and documents necessary in connection with the request made to the Division of Environmental Health, North Carolina Department of Environment, Health, and Natural Resources, for aid in the control of mosquitoes. He is further authorized and required to carry out all agreements stipulated in the project application submitted by us to the Division of Environmental Health, North Carolina Department of Environment, Health, and Natural Resources, and to perform other acts that are proper and necessary in connection with the operation of this project. Acts of this said person in behalf of said Town of Chapel Hill are in all respects validated, approved and confirmed.

The undersigned Peter M J Richardson, clerk of the Council of the Town of Chapel Hill hereby certifies that the foregoing is a true copy of the resolution of the Chapel Hill Town Council at a meeting held on the 23rd day of August, 1993.

____________________________

(Clerk)

Council Member Andresen said she hoped that Police and other emergency staff would be able to provide information about locksmith services on an around-the-clock basis. Council Member Werner inquired about the cost of continuing to provide vehicle access to persons who were locked out. Mr. Horton said vehicle lockout calls amounted to approximately one percent of the department's patrol utilization rate. Council Member Werner said he did not know what the Town was saving by eliminating the service. Mr. Horton said discontinuing the service would help to keep the patrol utilization rate slightly below the maximum desirable level of forty percent. Council Member Werner said he thought the service was a small but important one. He inquired whether locksmiths were available during very late evening and early morning hours. Council Member Herzenberg said yes. Council Member Powell stated that the Town was not properly equipped to handle entry into cars with electrical doors.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS CHILTON AND WERNER VOTING NAY.

A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO DISCONTINUE THE PRACTICE OF UNLOCKING VEHICLE DOORS EXCEPT IN EMERGENCY SITUATIONS (93-8-23/R-17)

WHEREAS, the Chapel Hill Police Department provides the service of unlocking vehicle doors for citizens who have locked their keys in their vehicles; and

WHEREAS, providing this service reduces the availability of officers for more serious service calls; and

WHEREAS, the service is available from private sources; and

WHEREAS, the Police Department will unlock doors or provide other assistance in emergency situations; and

WHEREAS, the Police Department will inform citizens of the change through an information campaign;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Police Department is authorized to discontinue the practice of unlocking vehicle doors, unless there is an emergency situation in the judgment of the Police Department.

This the 23rd day of August, 1993.

Council Member Andresen emphasized the importance of getting the Chamber of Commerce and other local agencies involved with the Streetscape Financing Committee. She also noted the importance of having an educational campaign to make the public aware of the needs of the downtown area.

Council Member Capowski requested that the Manager forwarded copies of the adopted resolution to Chamber of Commerce Executive Director Joel Harper and Public-Private Partnership President Sally Jessee. Council Member Rimer inquired why the staff recommended that the process start in December. Mr. Horton said a new Council was to be involved in the process. Council Member Rimer suggested that the process begin in September, with an interim report being made sometime in the fall or winter. Mayor Broun suggested that the group could possibly start up in October.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 18, WITH A START-UP DATE OF OCTOBER, RATHER THAN DECEMBER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION OF INTENT TO ESTABLISH A COMMITTEE OF THREE COUNCIL MEMBERS TO MAKE RECOMMENDATIONS FOR THE 1994 BUDGET PROCESS ON A PLAN FOR FINANCING THE DOWNTOWN STREETSCAPE PLAN (93-8-23/R-18)

BE IT RESOLVED that the Council intends to establish a Streetscape Financing Committee in October, 1993.

This the 23rd day of August, 1993.

There were no comments on information reports.

The Council concluded its regular meeting at 10:48 p.m. No report followed the Executive Session.