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

OF CHAPEL HILL, MONDAY, SEPTEMBER 13, 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 (arrived at 8:36 p.m.) and Arthur Werner (arrived at 8:23 p.m.). Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Broun noted that there were no ceremonies or hearings this evening.

Item 3 Petitions

Javonna Brooks-Fox, Granville Towers Program Manager, introduced Alexis Prazulo to make a request for a noise permit. Mr. Prazulo requested that the Town grant an amendment to the Town's Noise Ordinance for the evening of Monday, October 11th for a University Bicentennial celebration event at Granville Towers. He stated that the cultural and social events for students, alumni, faculty and other visitors would begin at 5:00 p.m. and end at 1:30 a.m.

COUNCIL MEMBER HERZENBERG MOVED TO REFER THE MATTER TO THE MANAGER WITH A FOLLOW-UP STAFF REPORT TO BE MADE ON SEPTEMBER 27TH.

Council Member Herzenberg said the location of buildings proximate to the proposed event would block out a lot of noise from the proposed event. Council Member Capowski requested that the staff's follow-up report contain information on plans to control alcohol consumption at the planned event. He also inquired why the event would not conclude until 2:00 a.m. on Tuesday morning. Mr. Prazulo said a special event was planned at 12:00 midnight, with musical entertainment concluding at 12:30 or 1:00 a.m. He added that three off-duty police officers would patrol the area relative to alcohol consumption and general safety concerns. Council Member Brown inquired about parking arrangements for the event. Ms. Brooks-Fox said people would be discouraged from driving to the event. She added that only limited off-site parking would be available.

Noting that the day following the planned celebration, would be a workday, Council Member Powell inquired about the possibility of concluding events before 2:00 a.m. Mr. Prazulo said the organizing committee recognized that the proposed hour of the event was late. He added that efforts would be made to make the events as quiet as possible. Mr. Prazulo stated that holding some of the events would pose safety hazards. Noting that the band would complete its selections by 12:30 a.m., Council Member Herzenberg suggested that the noise permit be issued to expire at this time.

COUNCIL MEMBER HERZENBERG'S MOTION TO REFER WAS SECONDED BY COUNCIL MEMBER POWELL. THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (7-0).

Ken Rudo said he resided in a neighborhood near U.S. 15-501 near the Town's boundary with Durham. Mr. Rudo emphasized the need for neighborhood organizations to work together to address concerns about growth in this corridor. He requested that the Council not make any more public comments concerning growth along the U.S. 15-501 corridor or alternatively apologize to the Durham City Council.

Council Member Andresen noted that the OWASA Board of Directors had recently discussed sewer project assessment methods at its September 9th meeting. Council Member Andresen said she was feeling optimistic about the upcoming joint meeting between the Council and the OWASA Board. She requested that staff review and comment on proposed sewer project assessment alternatives. Mr. Horton inquired when OWASA would be able to formally provide applicable materials to the Town. Council Member Andresen stated that OWASA would further discuss the matter at its September 23rd meeting.

Council Member Andresen noted that the Durham City Council shared some of the Town's concerns about the proposed Wal-Mart project. Council Member Capowski inquired when the Durham City Council would next discuss development along the U.S. 15-501 corridor. Council Member Andresen said she did not know the schedule for follow-up discussions.

Council Member Brown requested that the Manager provide an information report concerning transients in the downtown area, including information on the number and types of complaints received during the last two years. Mr. Horton said he would do so.

Council Member Capowski suggested that the Council consider postponing appointments to the Streetscape Financing Committee until after the November Council elections. He said that the appointments might be made at the first meeting following the elections. Mayor Broun noted that there were no objections to this arrangement.

Council Member Herzenberg requested that staff investigate the possibility of replacing notice boards on downtown kiosks. He noted that the number of staples in existing boards made them unusable. Mr. Horton said staff would replace the boards as soon as possible.

Item 4 Boards and Commissions

Public Arts Endowment Fund Committee

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO NOMINATE ALL THREE APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Noting that all three applicants were well-qualified, Council Member Andresen suggested that the Council might consider enlarging the size of the committee. Mayor Broun said the Council might consider this at a future meeting.

Orange County EMS Advisory Board

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE BOTH APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Chilton encouraged interested persons to apply for vacancies on the Housing and Community Development Advisory Board.

Item 5 Smoking Ordinance

Assistant Town Manager Florentine Miller noted that the Orange County Health Department was proposing additional smoking restrictions. She also reviewed existing State standards pertaining to smoking in public places. Ms. Miller briefly reviewed keypoints of the recommended ordinance before the Council this evening.

Council Member Andresen inquired what would happen in the event that the County's smoking ordinance permitted completely non-smoking restaurants. Mr. Karpinos noted that it was not clear whether the State's October deadline for new smoking regulations applied to County health department regulations. He added that County regulations would supersede Town regulations if the State's deadline did not apply to counties. Mr. Horton noted that if the Town considered adopting a replacement smoking ordinance, it might be viewed as a subterfuge and struck down. Ms. Miller noted that if the County's smoking ordinance were approved as proposed, it would be possible for an entire restaurant to be declared as a non-smoking establishment. Council Member Capowski said it was perfectly reasonable for a restaurant to make such a declaration. Council Member Brown inquired whether there was any deadline for a restaurant to declare itself a non-smoking establishment. Mr. Karpinos said there was no such deadline.

Don Stanford suggested that the Council consider repealing its existing ordinance and adopt a new smoking ordinance. He stated that local smoking regulations afforded more protection that similar ordinances adopted by counties.

Mayor Broun noted that if the Town repealed its existing smoking ordinance and its replacement were ruled to be an amendment, Town residents would have to rely on County smoking regulations. Mr. Stanford said there was a lot of pressure on local establishments to provide non-smoking areas. He added that the tobacco industry would continue to vigorously oppose local smoking regulations. Mayor Broun said he favored a stronger Town smoking ordinance. Mr. Karpinos noted that the Town was not able to adopt a smoking ordinance which was stronger than existing regulations.

Mr. Stanford stated that the existing ordinance was not very strong in some places. Mayor Broun inquired whether Town regulations were more restrictive than existing State regulations. Mr. Stanford said he deferred to Town staff on this matter. Mr. Horton said it would be very difficult to adopt a stronger ordinance since it would appear to be a subterfuge to the General Assembly's recent action on smoking regulations. Council Member Herzenberg inquired how the State's courts had previously dealt with matters of this type. Mayor Broun said he did not have information on this matter. Mr. Karpinos reiterated that the Town could not adopt more stringent standards than those already in place.

Noting that the Town ran the risk of courts striking down a replacement ordinance, Mayor Broun suggested that the Council adopt the Manager's recommendation. Mayor Broun said he was very concerned about the possibility of the Council adopting a replacement ordinance.

Mr. Horton noted that the State might take a more active role concerning smoking regulations in the future. Noting that the Town of Carrboro did not currently have a smoking ordinance, Council Member Herzenberg inquired whether Carrboro could adopt a stronger smoking ordinance than the Town's. Mr. Horton said this was correct.

Council Member Capowski inquired whether existing Town policies were being fashioned into an ordinance. Mayor Broun said existing policies were being incorporated into the smoking ordinance. Council Member Capowski said he favored the Town having a much stronger smoking ordinance than State regulations.

Mr. Stanford said he hoped the Council would consider outlawing the sale of tobacco products from vending machines. He noted that vending machines could not be used to ascertain the age of those purchasing tobacco products.

Council Member Herzenberg inquired about the distinction between pool and non-pool vehicles. Mr. Horton said pool cars were used by more than one Town department. Council Member Herzenberg inquired whether signage would be installed at bus shelters concerning new smoking regulations. Mr. Horton said this was correct.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI TO ADOPT ORDINANCE 0.1.

Noting that some people were allergic to tobacco smoke, Council Member Brown suggested prohibiting smoking at bus shelters. Council Member Capowski said he opposed such an amendment. Mr. Horton said this could be done by amending Section 11-33 of the ordinance.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO AMEND RESOLUTION 0.1 TO PROHIBIT SMOKING AT BUS SHELTERS.

Council Member Andresen inquired why Council Member Capowski opposed the proposed amendment. Council Member Capowski said he did not want to discourage bus ridership by smokers.

THE ORDINANCE AMENDMENT, TO PROHIBIT SMOKING AT BUS SHELTERS, WAS APPROVED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CHILTON, HERZENBERG AND POWELL VOTING AYE.

RESOLUTION 0.1, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE REGULATING SMOKING IN BUILDINGS OWNED BY OR LEASED TO THE TOWN AND MOTOR VEHICLES OWNED BY OR LEASED TO THE TOWN (93-9-13/O-0.1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 11 of the Town Code is hereby amended by adding a new Article XIV to read as follows:

ARTICLE XIV. REGULATION OF SMOKING IN TOWN BUILDINGS AND VEHICLES

SECTION 11-130. Findings and Purpose.

The Council does hereby find that:

Numerous studies have found that environmental tobacco smoke (ETS) is a major contributor to air pollution; and

Studies have shown that breathing environmental tobacco smoke is a cause of disease, including lung cancer, in healthy nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

Scientific and medical evidence exists which documents environmental tobacco smoke as a hazard to the public health including the 1992 report of the U.S. Environmental Protection Agency on "Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders."

Accordingly, the Town Council finds and declares that the purposes of this article are to protect the health and welfare by regulating smoking in Town owned or leased buildings and vehicles.

SECTION 11-131. Definitions.

(a) "Smoking" means inhaling, exhaling, burning or carrying any lighted pipe, lighted cigar, lighted cigarette, or other combustible tobacco product in any manner or in any form.

(b) "Town Building" means any building owned by or leased by the Town of Chapel Hill. It includes without limitation offices, restrooms, break areas, lobbies, work areas and all interior walkways, stairwells, doorways, passageways and entrances.

(c) "Town vehicle" means any motor vehicle or motor driven riding machinery owned by or leased to the Town including but not limited to cars, trucks, buses and vans.

SECTION 11-132. Smoking Prohibited in Town Buildings.

(a) It shall be unlawful for any person to smoke inside any building or facility or portion of a building or facility now or hereafter owned, leased, operated, occupied, managed or controlled by the Town of Chapel Hill, except as specifically authorized by this ordinance.

SECTION 11-133. Smoking Regulated in Bus Shelters.

It shall be unlawful for any person to smoke within the area of a Chapel Hill Bus System bus shelter.

SECTION 11-134. Smoking Regulated in Town Vehicles.

(a) Smoking is prohibited in all Town Transit vehicles and in all other Town vehicles when those other vehicles are being used to transport members of the public.

(b) Smoking is prohibited in Town vehicles where the presence of a burning tobacco product or the nature of the vehicle would making smoking a safety hazard. Examples include a vehicle being operated in the vicinity of a flammable substance or a vehicle requiring use of an operator's two hands at all times for proper operation.

(c) Smoking is not allowed within Town vehicles "pool cars" that are shared by departments.

(d) Smoking is allowed in other Town vehicles if all occupants agree.

SECTION 11-135. Outside on Town Property.

Smoking is permitted outside on land owned by or leased to the Town of Chapel Hill and outside of Town buildings, except as restricted by written rule of the Town Manager or by declaration by the Fire Marshall.

SECTION 11-136. Signs.

Appropriate signage shall be conspicuously displayed in public areas of Town owned or leased buildings indicating that smoking is prohibited.

SECTION 11-137. Exemptions.

This ordinance shall not apply to :

Private dwelling units in Town-owned or leased public housing neighborhoods.

A residential shelter in a Town-owned building.

SECTION 11-138. Administration.

The Town Manager is responsible for administering this article and is authorized and directed to establish regulations for the administration of this article.

SECTION 11-139. Enforcement and Penalties.

Where there is any uncertainty as to the intent or actual meaning of any provision of this article, the Town Manager shall make an interpretation of said provision on request of any person. This article may be enforced by any one or more of the remedies authorized by N.C. General Statutes 160A-175.

Violation of this ordinance by a Town employee may result in a disciplinary action under the Town's Personnel Ordinance.

SECTION 11-140. Conflict of Laws.

If any portion of this article or the enforcement thereof shall be preempted by any state or federal authority, such preemption shall not operate to invalidate the rest of this article; and the same shall remain in full force and effect.

SECTION 11-141. Effective Date.

This ordinance shall be effective October 14, 1993.

This the 13th day of September, 1993.

Mayor Broun inquired whether staff would bring back a report on possible tobacco product vending machine restrictions. Mr. Horton said the staff would present a report at the October 13th meeting.

Item 6 Horace Williams Airport

Stating that future development would occur at the Horace Williams Airport site, Council Member Andresen said the Council was well-advised to change zoning designations for such potential development. She suggested that staff prepare a follow-up report for the September 27th meeting with a follow-up public hearing on possible future development options. Council Member Andresen inquired whether the Council wanted to expedite the matter or place it in the queue with other public hearing items.

Council Member Capowski said the proposed new zoning designation could be handled in conjunction with a new master plan for the Horace Williams Airport property. He added that UNC Vice-Chancellor Wayne Jones had discussed the matter with his colleagues. Council Member Capowski stated that approximately two-thirds of the 970 acre tract was located within Town limits, with the remaining one-third split between the Town of Carrboro and Orange County.

Council Member Brown inquired about the University's plans for the Horace Williams tract. Mayor Broun stated that the University had not developed specific future plans for the tract. Council Member Andresen noted that the University had recently purchased additional property for future entry into the property. Mayor Broun noted that the Manager would prepare a follow-up report for presentation at the September 27th Council meeting.

Council Member Werner noted the importance of the Town being included in the University's planning process for the Horace Williams tract. Council Member Andresen said the Manager had indicated that the there was no official mechanism for including the Town in the University's planning process for the tract. She added that there were many reasons for the Town to set limitations relative to the proposed development of the Horace Williams property.

Proposed Memorandum of Understanding/Airport Advisory Group

Mr. Horton said the Town, University, Town of Carrboro and Orange County had initiated a study of airport-related issues and a preliminary dialogue process. He noted that the group had compiled operating rules in the form of a memorandum of understanding. Noting that the University had recommended changes to the document, Mr. Horton said he recommended that the Council receive the memorandum of understanding this evening. He added that Ms. Diane Bloom had also recommended possible changes to the memorandum of understanding. Mr. Horton added that the establishment of an airport advisory group was also recommended.

Council Member Brown inquired about differences between the proposed memorandum of understanding and Vice-Chancellor Jones' suggestions.

Council Member Andresen said the negotiating process was worthwhile in establishing a common information base for fashioning an agreement in concept that the level of present operations would be frozen.

David Streibel, a member of the Chapel Hill Flying Club, said he wished to comment on three of the thirteen proposed restrictions outlined in the memorandum of understanding. He stated that the Flying Club had operated as a non-profit at Horace Williams for over thirty-two years. Mr. Streibel said it would cost at least $10 million to replace the airport facility. He expressed concern that a limit of fifty planes at the airport was far beneath the facility's capacity of two hundred planes. Mr. Streibel also expressed concern about the proposed twelve plane limit for the Chapel Hill Flying Club. He emphasized the importance of having adequate maintenance facilities and personnel at the airport. A copy of Mr. Streibel's remarks are on file in the Clerk's Office.

Diane Bloom, representing Citizens for Airport Planning, expressed appreciation for the Council's examination of operations of the Horace Williams Airport area. She stated that the current airport location was a poor one given its proximity to homes and schools. Ms. Bloom expressed concern about proposed wording changes from earlier documents concerning airport operations that would result in increased facility use.

Council Member Werner said a disclaimer in Vice-Chancellor Jones' letter to the Manager appeared to make the proposed memorandum of understanding almost moot. Council Member Andresen expressed similar concerns, noting that the restrictions in the memorandum were voluntary. Council Member Capowski suggested that the proposed memorandum of understanding be discussed by Town and University officials. Mayor Broun said he would endeavor to seek language with a more positive tone than that suggested in Vice-Chancellor Jones letter.

Council Member Capowski requested that the staff's follow-up report respond to Mr. Streibel's and Ms. Bloom's concerns. Council Member Capowski inquired why helicopter operations were permitted at the airport. Council Member Andresen said this was intended to accommodate emergency situations. Council Member Capowski stated that helicopters were much noisier than airplanes. Mr. Streibel noted that the University was trying to preserve the right to maintain helicopters at the airport from time to time.

Council Member Andresen requested that staff research the language used in previous airport operation related documents and memorandums.

Council Member Powell inquired about the rationale for eliminating mechanics at the airport facility. Council Member Andresen said a small mechanic service had operated at the airport at one time, attracting additional planes. She added that a mechanic would be available to service AHEC planes at the airport. Council Member Rimer inquired whether commercial mechanics would have to fly to the airport to make emergency repairs. Council Member Andresen noted that the proposed memorandum of understanding contained language concerning the availability of mechanics at the airport.

Noting that the proposed restrictions were self-imposed by the University, Mayor Broun stated that the Town could not unilaterally amend the proposed memorandum of understanding. Council Member Werner inquired whether the University could prohibit commercial planes from landing at the airport. Mr. Horton said it was not desirable to completely prohibit commercial aircraft such as air taxi services. Council Member Andresen noted that the University was sensitive about commercial operations at the airport. Mr. Horton said it did not appear to be the University's desire to have commercial operations at the airport.

Council Member Capowski requested that the staff follow-up on a letter from former Associate Vice-Chancellor to former Mayor Howes concerning increasing current operations at Horace Williams Airport. Council Member Brown inquired whether the staff's follow-up report would take into account comments made this evening and at earlier times. Mr. Horton said the staff would do the best it could in this respect. He emphasized the importance of face to face discussions between Mayor Broun and UNC Chancellor Hardin regarding the status of operations at the Horace Williams Airport.

Noting the importance of balance, Council Member Andresen suggested that the committee include one representative each from the Chapel Hill Flying Club and Friends of Horace Williams Airport. Council Member Brown noted that the University had a fair amount of control over the formation of the proposed group. Mr. Horton noted that the committee would be appointed by UNC Chancellor Hardin. He added that the group would have moral authority which would be difficult to ignore.

Council Member Capowski inquired whether the University would solely provide staff report to the advisory group. Mr. Horton said this was correct adding that he hoped to personally attend each of the group's meetings. Council Member Capowski said the body would solely be an advisory committee on the current airport's operations at its current location.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2.

Mayor Broun said the resolution was to receive the draft memorandum of understanding and to initiate discussions with University officials.

RESOLUTION 2 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION RECEIVING A DRAFT MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF NORTH CAROLINA REGARDING OPERATION OF THE HORACE WILLIAMS AIRPORT (93-9-13/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the draft Memorandum of Understanding concerning restrictions established by the University on use of the Horace Williams Airport, and expresses intent to consider taking action on September 27, 1993, to authorize execution of a Memorandum of Understanding concerning Horace Williams Airport operations.

This the 23rd day of August, 1993.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION RECEIVING A DRAFT PROPOSAL REGARDING ESTABLISHMENT BY THE UNIVERSITY OF AN AIRPORT ADVISORY GROUP CONCERNING THE HORACE WILLIAMS AIRPORT (93-9-13/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the proposal regarding potential establishment of an Airport Advisory Group, and expresses intent to consider making comments on September 27, 1993, regarding the proposal.

This the 23rd day of August, 1993.

Item 7 Landfill Progress Report

Mr. Horton noted that the consultant's report had nothing to do with the search for a new landfill. He added that the Eubanks Road landfill was the Town's largest construction project ever.

Public Works Director Bruce Heflin noted that the current landfill phase on the north side of Eubanks Road would be filled within the next eighteen months. He stated that the Town's landfill permit included land on the south side of Eubanks Road. Mr. Heflin introduced Jeff Crate and Don Nutall to present the consultant's report.

Jeff Crate said the landfill design and permitting process involved many State mandates and requirements many of which were being revised. He noted that all plans for the proposed site had been submitted to the State for review. Mr. Crate briefly reviewed the project's cost and schedule, noting that the existing landfill capacity would reach capacity by early 1995.

Council Member Brown requested specifics on blasting for the new landfill site. Mr. Nutall said the proposed blasting was on a small scale to smooth out the site's surface. Council Member Brown inquired whether there were any guarantees that there would not be damage to the area's bedrock. Mr. Nutall said the amount of explosives used would be monitored to limit the potential for damage. He noted that a pre-blast groundwater survey had been completed and a survey would be conducted after the blasting. Council Member Brown expressed concern about possible effects of blasting on the property's neighbors and their homes and wells. Mr. Nutall said he did not anticipate any problems related to blasting.

Council Member Rimer noted that the Landfill Owners Group was very concerned about blasting and its potential impact on neighboring properties. He stated that the proposed blasting would be very localized to only fracture the rock being removed from the landfill site. Council Member Brown inquired about the possibility of receiving a second opinion on the need for blasting. Mr. Nutall stated that an independent expert had indicated to his firm that the proposed blasting was necessary and appropriate.

Council Member Andresen inquired about the proximity of residences to the proposed blasting area. Solid Waste Administrator Gayle Wilson said the closest homes were approximately 2,000 feet away. Council Member Andresen inquired about anticipated noise levels related to blasting activities. Mr. Nutall said noises would be well-muffled, amounting to a minor rumble at most. Council Member Andresen inquired about the distance between blasting and the groundwater level. Mr. Nutall said blasting would occur about eight to ten feet above the groundwater level in the area.

Council Member Brown inquired whether testing on wells on nearby properties had occurred. Mr. Heflin said there had been no testing of this type to date. He added that the blasting would be downgrade from nearby wells.

Mayor Broun inquired about the possibility of reducing the maximum height of the completed landfill site from eighty feet to sixty feet. Mr. Nutall said a difference of twenty feet would equate to the final six months of tipping at the current landfill site. He added that a cross-section of the landfill was contained in the consultant's report. Council Member Rimer noted that the Landfill Owners Group had similar concerns. He stated that the pyramid-like mounds on the landfill site would only be visible along Eubanks Road. Mr. Horton said the view from Blackwood Mountain would be similar to a grassy ball.

Council Member Brown noted that the proposed landfill on the south side of Eubanks Road would be fairly shallow. Mr. Nutall said the proposed depth was relatively shallow, in recognition of the proximity of groundwater beneath the site. Council Member Brown inquired how the depth of the site compared to other landfills. Mr. Nutall noted that a landfill had recently gone into service with a depth of twenty feet. He stated that the proposed site on the south side of Eubanks Road would not support a greater depth.

Council Member Capowski inquired about the nature of leachate and how its disposal. Mr. Nutall stated that leachate, the liquid remnants from refuse and rainwater, was stored in ponds until trucked or piped to a wastewater treatment plant.

Council Member Capowski inquired about the impact of the proposed landfill site on existing tipping fees. Council Member Rimer said tipping fees would ultimately need to be increased by about $10 per ton. Mr. Heflin said reserves would be used to pay for capital costs. Mr. Horton stated that reserves had been accumulated to cover landfill closure and post-closure costs. Council Member Rimer said a temporary land cover would be needed to make up for a soil deficiency of 150,000 cubic yards on the site. Council Member Capowski inquired whether the proposed landfill could be used through the year 2003. Council Member Rimer said this was dependent on the extent of waste volume and waste reduction programs.

Council Member Andresen inquired whether any of the areas surrounding the landfill site would be included in the Town's urban services area. Mr. Horton said that some nearby neighborhoods would be inside the services area while others would not. David Laudicina, an area resident, said OWASA plan to build water lines in the area in conjunction with future development of the Northwood subdivision.

Council Member Powell inquired about options for the disposal of leachate. Mr. Horton said it was preferable to pump leachate into a sewer line on the landfill site. He stated that if this was too expensive, leachate could be transported off the site. Council Member Powell inquired about the possibility of leachate being returned to the ground. Mr. Horton said this option would be contingent upon approval by State officials. Mr. Nutall stated that some experimental leachate recirculation programs were underway. Council Member Rimer said that most current landfill were so tightly sealed that they produced very little leachate. He stated that the initial intent was to haul leachate off-site.

Council Member Powell inquired about the proposed extent of blasting for the landfill site. Mr. Nutall said the blasting was focussed primarily on one rock pinnacle on the site. He added that the blasting program involved the removal of relatively shallow amounts of material. Mr. Horton said the blasting process would be quite similar to that used for the Rosemary Street parking facility. Council Member Powell inquired about the difference in budgeted and actual costs for blasting. Mr. Heflin said initial test drilling on the site had indicated the presence of far less rock than the amount actually found during excavation. Mr. Horton stated that there were sufficient funds available for blasting.

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

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE ORANGE REGIONAL LANDFILL PHASE II EXPANSION BLASTING (93-9-13/R-5)

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill News on June 13, 1993, in accordance with G.S. 143-129 for the Orange Regional Landfill Phase II Expansion Blasting; and

WHEREAS, the following bids were received and opened on June 24, 1993:

Contractor Lump Sum Bid

Mellott Trucking & $208,791.00

Supply Company, Inc.

Carrboro, NC

Triangle Paving Company $214,000.00

Burlington, NC

T.A. Loving Company $456,910.00

Goldsboro, NC

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 Mellott Trucking and Supply Company, Inc., Carrboro, NC, for the Orange Regional Landfill Phase II Expansion Blasting in the amount of $208,791.

This the 13th day of September, 1993.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1993 (93-9-13/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year beginning July 1, 1993, as adopted on June 28, 1993 be and the same is hereby amended as follows:

ARTICLE I

CURRENT REVISED

APPROPRIATIONS BUDGET INCREASE DECREASE BUDGET

Landfill Fund 2,539,552 133,791 2,673,343

Operations

ARTICLE II

CURRENT REVISED

REVENUES BUDGET INCREASE DECREASE BUDGET

Landfill Fund 587,427 133,791 721,218

Fund Balance

This the 13th day of September, 1993.

Item 8 Human Services Coordinating Council Report

Jan Schopler, Co-Chair of the Orange County Human Services Coordinating Council, briefly reviewed the Council's 1992-1993 activities. She stated that the Coordinating Council was charged with developing a plan for collecting and disseminating information on human services, preparing an annual snapshot on human services in Orange County and promoting community problem solving. Ms. Schopler added that the Council's first year of existence had been quite challenging. Council Member Chilton noted that the Council's snapshot of human services had been a very useful tool. Mayor Broun congratulated the Human Services Council for its progress to date.

Item 9 Designation of NCLM and NLC Conference

Representatives and Alternates

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO APPOINT MAYOR BROUN AS THE COUNCIL'S VOTING REPRESENTATIVE AND COUNCIL MEMBER CHILTON AS THE ALTERNATE REPRESENTATIVE FOR THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES ANNUAL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT COUNCIL MEMBER RIMER AS THE COUNCIL'S VOTING REPRESENTATIVE AND COUNCIL MEMBER POWELL AS THE ALTERNATE REPRESENTATIVE FOR THE NATIONAL LEAGUE OF CITIES ANNUAL CONFERENCE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 10 Consent Agenda

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-9-13/R-8)

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. Festifall street fair (R-9 & O-2).

b. Bids for fuel storage tank (R-10)

c. Noise ordinance amendment request for Hargraves Park outdoor event (O-3).

d. Proposed amendment to Comprehensive Plan regarding budgeting and financial management policies

(R-11).

e. Acceptance of State grant for downtown recycling containers (R-12).

This the 13th day of September, 1993.

A RESOLUTION AUTHORIZING THE PURCHASE OF AN ABOVEGROUND VAULTED FUEL CONTAINMENT SYSTEM (93-9-13/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 G.S. 143-129 for the purchase of an aboveground vaulted fuel containment system; and

WHEREAS, the following bids were received and opened on July 22, 1993:

REMOVAL COST OF

VENDOR EXISTING TANKS TANK COST TOTAL

C & A Equipment 950.00 32,450.00 33,400.00

Raleigh, NC

Arnold Equipment 770.00 36,891.00 37,661.00

Greensboro, NC

Braswell Equipment 225.00 37,808.00 38,033.00

Wilson, NC

DAACO, Inc. 2,070.30 38,368.05 40,438.35

Greensboro, NC

M.R. Dishman & Sons 500.00 40,343.00 40,843.00

Danville, VA

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the negotiated, lowest responsive bid of Arnold Equipment Company, Inc. of Greensboro, North Carolina, in the amount of $35,932.00 for an aboveground vaulted fuel containment system for the Orange Regional Landfill.

This the 13th day of September, 1993.

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES REGARDING NOISE CONTROL FOR A SPECIAL EVENT TO BE HELD ON SEPTEMBER 19, 1993 BETWEEN 3:00 P.M. AND 8:00 P.M. (93-9-13/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 beginning 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 September 19, 1993 between 3:00 P.M. and 8:00 P.M., after which times in the previously adopted Ordinance shall become effective.

This the 13th day of September, 1993.

A RESOLUTION REGARDING ACCEPTANCE OF A GRANT FOR $4,900.00 FROM THE STATE OF NORTH CAROLINA OFFICE OF WASTE REDUCTION TO DESIGN AND CONSTRUCT RECYCLING BINS (93-9-13/R-12)

WHEREAS, the Town of Chapel Hill has a goal of reducing the amount of solid waste going to the Orange Regional Landfill, and

WHEREAS, 400 pounds per day of material is collected from downtown waste receptacles daily, over 45% of which is recyclable cans, bottles, and newspapers, and

WHEREAS, provision of convenient recycling opportunities in these heavily used, pedestrian-oriented areas of Town would reduce the amount of that waste being landfilled and increase the visibility of recycling, and

WHEREAS, a review of available commercially manufactured containers showed no containers suitable to blend with the architectural character of this area, and

WHEREAS, the Orange Community Recycling Program has received notice of award from the State of North Carolina of funds to design and build suitable recycling containers.

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

Agrees to accept funds from the State of North Carolina for the purpose of providing the labor and materials to design and construct these pedestrian oriented recycling bins.

This is the 13th day of September, 1993.

Mayor Broun said he wondered whether the 12:45 p.m. dispensation for church parking in conjunction with Festifall was adequate. Parks and Recreation Mike Loveman said this had been adequate in the past.

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

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF WEST FRANKLIN STREET AND ROBERSON STREET (FESTIFALL '93) (93-9-13/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the closing of West Franklin Street between Mallette and Graham Streets, and Roberson Street between Cameron Avenue and Franklin Street, on Sunday, October 3 or October 10, 1993, from 10:30 a.m. to 8:00 p.m., to allow the holding of the Festifall Street Fair and cleanup of the street following the Fair.

This the 13th day of September, 1993.

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

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF WEST FRANKLIN AND ROBERSON STREETS (FESTIFALL '93) (93-9-13/O-2)

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

That on the 3rd or 10th day of October, 1993, between the hours of 12:30 and 8:00 p.m., there shall be no parking on either side of West Franklin Street between Mallette and Graham Streets, and Roberson Street between Franklin Street and Cameron Avenue.

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

This the 13th Day of September, 1993.

Council Member Capowski requested that the staff provide information on salary comparisons with the University and University Hospitals. Mr. Horton said staff would do so.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 11.

Council Member Andresen noted that there were exceptions to the Town's policy of recovering all or significant portions of user fees. Mr. Horton said the Town's policy focused on recovering a "significant" portion of user fees.

RESOLUTION 11 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE TOWN OF CHAPEL HILL TO INCLUDE GOALS, OBJECTIVES AND POLICIES FOR FINANCIAL MANAGEMENT, BUDGETING AND CAPITAL IMPROVEMENTS PROGRAM

(93-9-13/R-11)

WHEREAS, economic conditions and other factors have significantly affected the Town's revenue base and overall budget; and

WHEREAS, the Council desires to strengthen the Town's financial stability and financial planning; and

WHEREAS, the Council desires to set forth policies and principles as a basis for future budget decisions and to inform the community of the Council's budgeting and financial policies;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends the Comprehensive plan of the Town as follows:

Revise the Fiscal Management portion of the "Town Government - Preamble" section on page 5 of the Strategic Report to read as follows:

BUDGETING, FINANCIAL MANAGEMENT AND CAPITAL IMPROVEMENT PLANNING

OBJECTIVE:

To enhance the Town's ability to continue providing basic services through financial stability and financial planning.

POLICIES:

1. Budget Process

The Council will use a process and calendar which enable participation by citizens through public forums in the initial and preliminary stages of preparing the annual budgets and five-year capital programs, and a public hearing on the recommended budget and capital program.

Advance notices of forums and hearings shall be published in local media and mailed to community organizations. Copies of the preliminary budget report and preliminary capital program, and the recommended budget and capital program will be available for citizens to read at Town Hall and at the Public Library in advance of the public forum and hearing on these materials.

The Council will direct the administration to prepare budget and capital improvement documents in a format and manner which will be understandable to as many citizens as possible.

The Council and administration will, through budget documents, describe the significant services and programs of the Town and service changes which may be proposed and may be adopted from time to time.

2. Financial Management and Budgeting Principles

Use of Stable, Recurring Revenues. The Council will seek to use stable, annually recurring revenues to pay for costs which tend to continue from year to year.

The Town avoids using one-time revenues for annually recurring costs, but may use one-time revenues for capital projects or other one-time expenses.

Conservative Cost and Revenue Estimates. The Town will make conservative estimates of revenues and costs to minimize the risk that actual revenues received during a budget year may be less than expected, or that actual costs of providing services at the level set by the Council may exceed estimates.

Seeking Alternatives to the Property Tax. The Council will continue to seek and support legislation to authorize new local option funding sources as alternatives to the property tax.

Five-Year Projections. The Council will continue to consider annual budgets in the context of cost and revenue projections for a five-year period. The projections and assumptions will be part of the Town's budget documents.

The Council seeks to have a General Fund undesignated balance equalling 8% to 12% of the General Fund budget in accord with guidelines of the North Carolina Local Government Commission and in accordance with standards established by national bond rating firms. Adherence to these guidelines helps ensure a reasonable cost of financing capital improvements where municipal bonds are issued.

Adequate Fund Balances. The Council seeks to maintain a reserve of money saved in past years ("undesignated fund balance") so that the Town will not have to borrow funds early in the fiscal year when revenues are less than the cost of providing services, and so that the Town will have a reserve for any major unexpected costs or revenue fluctuations between budget years.

Undesignated balances or equity in other funds will reflect needs of the individual funds, for example, to reserve funds for future capital projects or major equipment replacement costs.

Deferral of Costs. The Council will seek to avoid or limit the deferral of costs to future years when such deferrals would lead to significantly greater costs in later years.

When deferrals are proposed, the amount will be limited to the extent practical, and the deferral(s) and estimated future cost implications will be identified for discussion by the Council

Prudent Maintenance of Town Assets. The Council will provide resources through the Town's budgets for adequate maintenance of buildings, roads and other public infrastructure, equipment and other Town assets to protect the community's investments in and the availability of these assets for future citizens.

Funding of Community-Wide Services. The Council's policy is to fund services with collective or community-wide benefits from general revenues such as taxes which apply throughout the Town. Basic police and fire protection services, for example, will be financed from general revenues.

Supplemental Human Services. The Council will use general taxes to provide some special services or assistance to citizens with special human needs because of low income or other circumstances. The Council will, to the extent feasible, provide funding of performance agreements to supplement human services available through State, regional and County agencies.

Benefit Principle and User Fees. The Council will adopt policies to recover from user fees all or a significant portion of the cost of services which involve benefits to individual citizens as opposed to community-wide benefits, so that the citizens who benefit individually will pay a substantial portion or all of the cost of the service.

In addition, fees may be appropriate for services where an individual property owner should be responsible for the cost of a service such as an inspection to assure compliance with safety-related standards.

In some cases, a service may be financed with a combination of fees and general revenues, such as for recreation programs which benefit young people.

Examples of programs in which user fees apply include evaluation of development and construction plans and applications, several types of inspections, supplemental commercial refuse collections and so forth.

Within the framework of applying the benefit principle, however, the Town's general policy is to waive or reduce certain fees for low income families, for assisted housing programs, and for youth and senior citizens in many kinds of programs.

Equitable and Competitive Compensation of Employees. The Council will seek, within the framework of financial stability, to maintain competitive compensation in the Triangle labor market to recruit and retain employees who will provide services with the quality desired by the community.

The Council will seek to have a competitive position at the approximate middle of the applicable labor markets.

In addition, the administration will recommend and the Council will seek to adopt classification and pay plans which provide for equity in the Town's framework of classifications in accord with principles of law.

Capital Program. The Council will use the Community Facilities Report, elements of the Comprehensive Plan, and the Capital Improvements Plan planning and budget process as a basis for planning and funding capital improvements.

Each year the Town shall prepare a five year Capital Improvements Plan which identifies both the small and large capital improvement needs of the community and seeks to identify a plan for revenue sources to meet these needs.

The Town may from time to time issue bonds to finance capital projects which will benefit the community for a long period and which enables the cost of long term benefits to be shared by citizens over a long period.

The Council will, when financially practical and needed, allocate funds annually from current revenue or reserves to pay for small to medium sized capital projects.

This the 13th day of September, 1993.

Item 11 Information Reports

Council Member Capowski reported that the Cable Television Advisory Committee had been exploring a number of citizen concerns and complaints. He noted that Cablevision's bills tended to be confusing. Council Member Capowski also stated that three cable television channels had been completely deregulated. He said that negotiations for the cable television franchise would likely be very interesting. Council Member Andresen inquired whether cable customers who had paid a "one-time" cable fee would be required to pay for monthly service. Mr. Horton said these persons could note that they were paying their bills under protest. He added that staff had requested that Congressman Price get a ruling on the matter from the Federal Communications Commission. Council Member Capowski said efforts were underway with Cablevision to eliminate the need for converter boxes.

No Executive Session was needed. The meeting concluded at

10:43 p.m.