MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, OCTOBER 25, 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, Barbara Powell and Arthur Werner. Council Member Alan Rimer was absent excused. 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 the Council could make nominations to fill the existing Council vacancy.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO NOMINATE ALL ELEVEN CANDIDATES TO FILL THE COUNCIL VACANCY. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Mayor Broun introduced Appearance Commission Chairperson Milton Van Hoy to present the 1993 Community Appearance Awards. Mr. Van Hoy gratefully acknowledged the assistance of Council Member Brown and Planning Technician Kay Tapp in setting up the awards ceremony.

He also recognized the Council and Appearance Commission members for their support of the Awards program. Mr. Van Hoy called upon Joan Page to present the awards.

Ms. Page acknowledged the nine recipients of Community Appearance Awards and presented each with a plaque of appreciation. The Council expressed their thanks to each of the winners and all who participated in the program.

Item 4 Petitions

Jeff Snyder requested that the Council consider implementing a Community Service Officer program using non-sworn police patrols to supplement existing police patrols. A copy of Mr. Snyder's petition is on file in the Clerk's Office. Council Member Capowski requested that staff comment on incidents being reported by radio rather than through the 911 emergency center.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER A PETITION FROM DONALD BOULTON CONCERNING STORM DRAINAGE. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Phyllis Gorham, representing the Orange-Durham Coalition for Battered Women Board of Directors, thanked the Council for its continuing support of the Coalition's programs. Ms. Gorham stated that battery was the largest cause of injury and death to women in the United States. Noting that over 200 Orange County women had supported the Coalition's assistance during the current year, Ms. Gorham reiterated her appreciation for the Council's support.

Noting the high societal and productivity-reduction costs of

alcohol and problem drinking, Council Member Powell requested that the Council designate a day in November as "zero-proof" day. She said that the day would make people aware of alternatives to the consumption of alcohol. Mayor Broun said he would be glad to issue a proclamation recognizing "zero-proof" day.

Council Member Andresen emphasized the importance of the Council transmitting a letter to OWASA concerning its assessment policies.

Noting that the staff had recently received a request for assistance from Habitat for Humanity, Mr. Horton requested that the matter be referred to the Housing and Community Development Advisory Board and Town Manager.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO THE MANAGER AND HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

Item 5 Boards and Commissions

Terry Eason was unanimously appointed to the Appearance Commission. Original voting ballots are on file in the Town Clerk's Office.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO APPOINT ROBERT ALFORD, MARGIE HABER AND SCOTT SPRAGUE AND REAPPOINT RICHARD DAUGHERTY TO THE PERSONNEL APPEALS COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 6 Use of Sewer Sales Tax Funds

Assistant to the Manager Greg Feller said four neighborhoods had filed petitions with OWASA to receive sewer service. He noted that OWASA staff had drafted a sewer services proposal for consideration by the OWASA Board of Directors at its October 28th meeting. Mr. Feller briefly reviewed the proposed resolution before the Council.

Mayor Broun inquired whether low or moderate-income households receiving direct financial water or sewer service assistance would each receive the same amount. Mr. Feller said this was generally correct, depending upon the number of households qualified to receive such assistance.

Council Member Werner inquired whether the resolution before the Council would impact the process or timing of sewer service to the four neighborhoods which had petitioned for service. Mr. Feller said there would be limited effects, including the exclusion of normal legal expenses, the exclusion of off-site costs in some cases and availability charges could be repaid over a longer time

horizon. Council Member Werner inquired whether Council Member Andresen was comfortable with the approach suggested by the OWASA Board. Council Member Andresen said yes, adding that she would

have preferred that the Board exclude other items from project assessment costs.

Council Member Brown suggested that the transfer of Town funds be contingent upon OWASA's willingness to reduce its project assessment costs to individual homeowners. Council Member Andresen said she would be reluctant to take this approach. Council Member Werner asked whether OWASA's assessment policy would be brought before the Council before the actual transfer of Town funds. Mr. Horton said yes, noting that a performance agreement would be drafted between OWASA and the Town. Council Member Brown said assessments needed to be reduced further. Council Member Andresen said OWASA had made a number of significant concessions in this regard.

Council Member Andresen inquired about typical sewer service hook-up costs. Mr. Feller said the estimated cost per home would be $1,270 plus any applicable plumbing charges, which would vary by individual homes and arrangements with plumbers. He stated that if 30% of low and moderate-income homeowners expressed a need for sewer service financial assistance, available funds would be used up rather quickly. Council Member Powell inquired when OWASA would receive interest on the sewer service assistance funds. Mr. Feller said payments would occur as portions of individual projects were satisfactorily completed.

Kent Mullikin said at least four neighborhoods had well-documented cases of lacking adequate sewer service. Mr. Mullikin stated that the Town had not been using half-cent sales tax revenues for water and sewer service projects as originally intended. He said that typical sewer service hook-up costs would be $3,000 to $4,000 for plumbing services and a total cost of $7,000 to $8,000 per home.

Mr. Mullikin requested that $324,000 be earmarked for sewer service projects.

Henry Lister echoed Mr. Mullikin's request that half-cent sales tax revenues be used to secure sewer service. A copy of Mr. Lister's remarks are on file in the Clerk's Office.

Flicka Bateman urged the Council to adopt Resolution 1b as a means of securing certain prices for installing sewer service to unsewered homes. Ms. Bateman also requested that sewer costs be reduced to the historical average of $4,591 per home. She stated that OWASA's only direct accountability was through local elected officials such as the Council. Ms. Bateman urged the Council to protect residents from public health hazards and to assist in monitoring OWASA's accountability as a public utility. Rick Edens said he was especially concerned about public health needs which were not being addressed by OWASA or the Town. Mr. Edens stated that the partnership between the Town and OWASA was not working well in serving the public health needs of its citizens. Mayor Broun asked whether Mr. Edens was requesting the

historical average cost of $4,591 plus availability and tap fees. Mr. Edens said yes. Council Member Capowski said Orange County, the Town of Carrboro, the Town and OWASA were not working well together to assure the provision of sewer service. Council Member Capowski said he thought it was reasonable to adopt Resolution 1b, providing sewer service subsidies to sewer extension projects, figured on a per lot basis.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 1B.

Mayor Broun noted that actual subsidies to individual neighborhoods would be contingent upon actual assessments by OWASA.

Council Member Andresen expressed concern that adoption of Resolution 1b could set a precedent concerning Town subsidies for sewer service. Council Member Andresen stated that $122,000 was not sufficient funding to address all low and moderate-income sewer service subsidy needs.

Council Member Werner said the Council had a clear commitment to use $324,000 for sewer service projects. He suggested that the Council set aside up to $162,000 for low and moderate-income sewer service subsidies.

Council Member Brown said she had concerns about low-income sewer service needs and the Town's working relationship with OWASA. Council Member Brown suggested that the Council direct the OWASA Board to further reduce its sewer assessments. Council Member Powell said she would favor the allocation of $324,000 for sewer projects if the Council requested that OWASA reduce its sewer assessment rates.

Council Member Andresen said it was not an effective approach for the Council to direct that OWASA reduce its project assessment rates. She noted the importance of getting sewer service to the four petitioning neighborhoods as soon as possible. Council Member Werner expressed his concurrence about the importance of providing sewer service to the neighborhoods. He expressed concern that the situation could easy fall into non-active political limbo. Council Member Capowski emphasized the importance of taking concrete steps to provide sewer service as soon as possible.

Council Member Brown said although it was essential to get sewer service to petitioning neighborhoods as soon as possible, it was also important to examine and possibly make changes to the Town's relationship with OWASA. Council Member Andresen said the Council had initially asked the OWASA Board to make a plan for serving

unsewered areas in 1987. She said the Town's working relationship with OWASA was an appropriate future Council work session topic.

Council Member Capowski suggested that Resolution 1b be amended to request that OWASA reduce its assessment rates. Council Member Werner stated that reduced assessment rates would be paid for by either OWASA ratepayers or Town taxpayers.

COUNCIL MEMBER WERNER MOVED THAT RESOLUTION 1B BE AMENDED TO SET ASIDE UP TO $162,000 FOR LOW AND MODERATE-INCOME SEWER SERVICE NEEDS, WITH THE BALANCE OF THE $324,000 HALF-CENT SALES TAX USED AS A GENERAL SUBSIDY FOR SEWER SERVICE IN THE FOUR PETITIONING NEIGHBORHOODS.

Mayor Broun said he thought the Citizens for Sewers goal of $4,591 for sewer service hook-up costs was a reasonable one. Mayor Broun stated that the Council and OWASA were within a reasonable distance of attaining this goal. Council Member Andresen inquired which specific items would be taken out of project costs.

COUNCIL MEMBER ANDRESEN SECONDED COUNCIL MEMBER WERNER'S AMENDED MOTION.

Council Member Capowski said it was not possible to do an equitable job of determining specific subsidies to individual homeowners.

Council Member Powell inquired about low and moderate-income standards for sewer service subsidies. Council Member Werner said the standards used were the same as those use for housing subsidies. Mr. Horton said the main standard for subsidies was 80% of the median income for a family of four.

Mayor Broun noted that Council Member Werner's amended motion was on the table.

Council Member Capowski inquired whether Council Member Andresen was willing to adopt the amended resolution before deciding the manner in which funds would be spent. Council Member Andresen said yes. Council Member Capowski asked what money would be left over. Council Member Andresen said funds for sewer laterals and availability charges. Council Member Chilton expressed concern that no funds would be available to handle necessary sewer service subsidies. He suggested that the best idea might be to adopt Resolution 1c.

Council Member Capowski said by definition no additional funds would be available for sewer service subsidies. Council Member Werner said the Council could direct the Manager to develop a method for determining who would be subsidized in low and moderate-income categories.

THE AMENDED MOTION PASSED BY A VOTE OF 4-3, WITH COUNCIL MEMBERS ANDRESEN, BROWN, WERNER AND MAYOR BROUN VOTING AYE AND COUNCIL MEMBERS CAPOWSKI, CHILTON AND POWELL VOTING NO.

Council Member Chilton suggested a friendly amendment to the main motion, whereby OWASA would reduce assessment costs to the historical average cost of $4,591. Council Member Andresen said she preferred that the resolution not refer to a specific cost.

Mayor Broun said he thought inclusion of a specific cost target was an important aspect of the Council's resolution. Council Member Brown said she thought the Council's resolution should mention the Council's request that OWASA set a specific dollar assessment goal.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL TO ADD A "BE IT FURTHER RESOLVED" CLAUSE NOTING THAT THE COUNCIL REQUESTED THAT OWASA ATTEMPT TO REDUCE SEWER ASSESSMENTS TO THE HISTORICAL AVERAGE OF $4,591 PER LOT.

Council Member Brown suggested that the Council present ideas of what would be done if OWASA did not agree to this arrangement. Mayor Broun said the proposed amendment was intended as a suggested goal rather than a threat to OWASA. Council Member Andresen inquired whether she could abstain from voting on the proposed resolution. Mr. Karpinos said it was not permissible to abstain on the matter.

THE PROPOSED AMENDMENT WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 1B, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION REGARDING USE OF $324,000 OF SALES TAXES FOR CONSTRUCTION OF SEWERS IN FOUR NEIGHBORHOODS AND LOW AND MODERATE INCOME SEWER SERVICE NEEDS (93-10-25/R-1b)

BE IT RESOLVED that the Council authorizes the Manager to use up to $162,000 of the half-cent sales tax for 1993-94 for low and moderate income sewer service needs and to transfer to the Orange Water and Sewer Authority $162,000 of the 1993-94 half-cent sales taxes and any portion of the first $162,000 not used for low and moderate sewer service needs to help pay for construction of sewers in the Mount Bolus, North Forest Hills, Sherwood Forest and Glen Heights neighborhoods subject to the following conditions:

1. The funds shall be used by OWASA only for the above specified projects.

2. The transfer of funds shall be subject to the condition that OWASA shall not assess for or otherwise recover the costs to which the Town funds are applied.

3. The Town's funds shall be applied to each project on a uniform percentage basis and not on a per lot basis.

4. Any Town funds transferred to OWASA but not applied to the above-specified projects shall be returned to the Town in a reasonable time. The Town Manager shall determine the timing of payments by the Town as construction is completed, and the Manager may defer part of the transfer until completion of construction.

5. The Town funds shall not be applied to any costs (including but not limited to engineering, administrative and legal expenses and "off-site" construction outside of the benefitted area defined for assessment purposes) which OWASA would not otherwise include in determining project costs for assessment purposes.

6. The transfer of Town funds shall be subject to acceptance by the OWASA Board of the Council's conditions.

7. The transfer of Town funds shall be pursuant to a performance agreement based on the conditions of this resolution. The Manager is hereby authorized to execute such an agreement on behalf of the Town.

BE IT FURTHER RESOLVED that the Council asks the OWASA Board to further reduce the overall cost of assessment by some combination of reducing rock costs, raising the engineering cost cap, as well as other possible cost reductions with the goal of reaching the $4,591 historical average cost.

This the 25th day of October, 1993.

Item 7 Public Housing

Mr. Horton said staff was in the process of establishing better procedures for correcting maintenance problems in the Town's public housing communities. He stated that the staff's objective was to correct reported maintenance problems and concerns within ninety days with safety-related items being repaired immediately. Mr. Horton also emphasized the need for better feedback and communication between Town staff and public housing residents. He also noted the importance of maintaining the structural integrity of individual public housing residences. Mr. Horton stated that senior Town staff had met with Residents Council members on October 22nd to resolve concerns about public housing maintenance.

Council Member Capowski inquired about the Town's reluctance to use strong chemicals to eradicate cockroaches and other pests. Mr. Horton said strong pesticides could be used in some cases. He added that sanitation, structure maintenance and health concerns dictated that an integrated approach be taken, minimizing the use of strong pesticide.

Ameena Batata, a UNC student, said she had become friends with a number of public housing residents during the past two years. Ms. Batata said she did not want her friends to live in poor housing conditions. She noted that tree stumps in playgrounds needed to be removed, holes in walls needed to be patched and painted and roach nests eradicated. Ms. Batata urged the Council to respond to the Residents Council's concerns about the conditions in public housing.

Maxecine Mitchell, a member of the Residents Council, recommended that a committee be established to study the administration of the Housing and Community Development Department. Stating that public housing conditions were no better than four years ago, Ms. Mitchell said all 312 of the Town's public housing units needed attention relative to maintenance concerns. She stated that public housing residents were quite skeptical about the possibility of improvements to individual units. Ms. Mitchell suggested that the committee she had referenced earlier be composed of members of the Housing and Community Development Advisory Board and five members of the Residents Council. She also suggested the possibility of having a certified live-in unit inspector to make certain that necessary repairs were carried out in a timely and complete manner. Council Member Andresen requested additional information concerning Ms. Mitchell's proposal for on-site maintenance. Ms. Mitchell said the principal purpose for having on-site maintenance supervision would be to assure that projects were satisfactorily completed in a timely fashion. Council Member Andresen inquired whether the Residents Council would be interested in a Town-supported program to supply paints and materials for painting individual units. Ms. Mitchell said yes. She also urged the Council to consider maintenance suggestions outlined in a guidebook for public housing communities.

Ruby Seinreich, a recent UNC graduate and member of the Transportation Board, emphasized the importance of correcting public housing maintenance problems as soon as possible. She stated that the Town's current five-year housing plan had not achieved its objective. Ms. Seinreich emphasized the importance of carrying out public housing maintenance plans in a timely manner.

Keiron O'Sullivan, a University exchange student from Sussex University in England, said although he had been initially impressed by the architecture on the University's campus, he was very disappointed by the apparent lack of implementation of the Town's five-year housing maintenance plan. Mr. O'Sullivan said the Council had a responsibility to its public housing residents to assure that decent living conditions were maintained.

Mayor Broun thanked Mr. Horton for his report and public housing residents and other interested parties for their bringing problems to the Council's attention. Mayor Broun said he supported the empowerment of public housing residents to determine maintenance priorities.

Council Member Chilton requested that the Manager's follow-up report respond to the idea of having a committee to review Housing Department operations. He also suggested that the Housing and Community Development Board could review and comment on Ms. Mitchell's suggestion.

Council Member Powell requested that staff also investigate the possibility of establishing an on-site maintenance management program.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTERS TO THE MANAGER AND THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

Item 8 Reuse of Old Library Building

Assistant Town Manager Sonna Loewenthal said the public library would move to its new location in early 1994. She noted that the Town had received a total of six relatively firm proposals to use the existing library building at the corner of East Franklin and Boundary Streets. Ms. Loewenthal stated that the staff recommended that the first floor of the building be occupied by the Orange-Person-Chatham Mental Health Authority while the basement be occupied by the Administrative and Recreation Divisions of the Town's Parks and Recreation Department. She said staff also recommended concluding discussions with a Federal appellate judge and the Chapel Hill Day Care Center concerning possible leasing of the former library building.

Council Member Andresen stated that a representative of the Chapel Hill Day Care Center had called earlier in the day to request withdrawal of its application for reuse of the library building. Council Member Werner inquired about the estimated cost of maintaining the building beyond anticipated revenues. Council Member Brown inquired whether Council Member Werner was requesting this information before adoption of a resolution on the matter. Council Member Werner said no.

Council Member Capowski inquired whether discussions had been initiated with the University. Mr. Horton noted that since the Town would have to be treated as a marketplace competitor in the state leasing process, the Town could not make a sufficiently attractive building lease offer to the University. Council Member Capowski inquired about the percentage of Parks and Recreation adult program costs covered by user fees. Mr. Horton stated that while the department's youth programs received subsidies, full program costs were assessed for adult programs. Council Member Capowski inquired about the possibility of having a revenue-neutral library building lease. Mr. Horton said staff could formulate such a report if the Council so directed. Council Member Capowski asked whether the real cost of moving Parks and Recreation space to the library building was $28,000.

Council Member Andresen inquired about Orange-Person-Chatham (OPC) Mental Health's needs for parking spaces. Ms. Loewenthal said the library had a total of 33 spaces, while 35 people would work at the proposed center. She noted that OPC proposed to shuttle some employees from its offices in the Northside neighborhood.

Roland Giduz urged the Council to preserve the existing Louis Graves Reading Area once the library facility moved to its new location on Estes Drive. Mr. Giduz said maintenance of the reading room would not be particularly expensive but would preserve an important community asset.

Council Member Werner inquired about the possibility of including the reading area as part of a historical museum. Mr. Giduz said it would be possible to incorporate the Reading Area into a museum or the Parks and Recreation Department's offices.

Council Member Capowski inquired whether $28,000 was a reasonable annual lease rate for the first floor of the library building. Tom Maynard, representing OPC, said yes. Mr. Horton noted that the $28,000 figure was only a preliminary cost estimate.

Noting her support for a historical museum in the library building, Council Member Brown inquired about the estimated size of such a facility. Mr. Horton said no specific size had been determined, although the existing fireplace and reading area could be preserved within the context of a museum.

Council Member Capowski inquired about the possibility of office building uses which would have little impact on the surrounding neighborhood. Mr. Waldon stated that office-type zoning included community commercial, neighborhood commercial and office/institutional uses. He added that property owners could possibly request conditional use zoning. Noting that the Town would still own the building, he inquired about the Council's ability to control the types of tenants leasing the building. Mr. Horton emphasized the need to set a fair and consistent process for leasing the building.

Noting that conditional use zoning requests were subject to protest petitions and might be construed as spot zoning, Mr. Karpinos stated the zoning process was not an automatic one. Council Member Werner said that the Council could not arbitrarily decide to lease to one party rather than another. Mr. Karpinos said specific stipulations could be added to the lease and special use permit.

Council Member Brown suggested that the staff look into the possibility of leasing the library building to OPC Mental Health, the Chapel Hill Preservation Society and other revenue-generating lessors. Mr. Horton said staff could do so if given the flexibility to examine the costs of renovating the first floor of the building.

Mayor Broun said it made sense to have OPC Mental Health as a paying tenant. He added that the Parks and Recreation Department Administrative and Recreation Divisions needed new office space in the library or elsewhere. Mayor Broun also said he preferred to move ahead with the Manager's recommendation on the matter.

Council Member Chilton said he favored adoption of Resolution 2b, rather than 2a. Council Member Werner said it would probably cost the Town more money to relocate Parks and Recreation Department offices to a location other than the library building.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 2A.

Council Member Andresen emphasized the importance of doing physical and financial planning for reuse of the library building. Council Member Capowski inquired whether the Parks and Recreation Department had performed an analysis indicating that the library was a preferred relocation for the department's Administration and Recreation offices. Mr. Horton said the department's preference was to be located on the first floor of the building. He added that the library building was a target of opportunity for the department's relocation.

Council Member Capowski said he would not support the proposed resolution. He suggested that the Council needed to free up existing rezoning restrictions on the library building property.

Council Member Chilton suggested that Resolution 2a include a friendly amendment requesting that the Manager make a recommendation concerning the use of the Louis Graves Reading Room.

Council Member Brown suggested the addition of a friendly amendment authorizing the Manager to determine comparative costs for the lower floor of the building and to continue to seek paying lease tenants for the library building.

THE MOTIONER AND SECONDER EXPRESSED THEIR CONCURRENCE WITH THE PROPOSED FRIENDLY AMENDMENTS.

RESOLUTION 2A, AS AMENDED, WAS ADOPTED BY A VOTE OF 5-2, WITH COUNCIL MEMBERS CAPOWSKI AND CHILTON VOTING NO.

RESOLUTION A

A RESOLUTION AUTHORIZING DISCUSSIONS WITH POTENTIAL TENANTS OF THE OLD LIBRARY BUILDING: ORANGE/PERSON /CHATHAM MENTAL HEALTH AUTHORITY, CHAPEL HILL HISTORICAL SOCIETY AND PARKS AND RECREATION DEPARTMENT; AND PHYSICAL AND FINANCIAL PLANNING FOR SUCH REUSE (93-10-25/R-2a)

WHEREAS, the Chapel Hill Public Library will shortly vacate its building on East Franklin and Boundary Streets; and

WHEREAS, the Council has resolved to retain the building in Town ownership to be used for Town purposes; and

WHEREAS, the Town staff has worked with a number of potential tenants over the past several months,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to negotiate, subject to Council approval, lease agreements with the following entities:

- Orange/Person/Chatham Mental Health Authority for up to the entire top floor, for administrative office use;

- Chapel Hill Historical Society for a small area on the top floor, for historical museum space.

BE IT FURTHER RESOLVED, that the Manager is authorized to plan for the use of the bottom floor by the Administration and Recreation Divisions of the Parks and Recreation Department; and

BE IT FURTHER RESOLVED, that the Manager is authorized to begin physical and financial planning for the renovation of the building; and

BE IT FINALLY RESOLVED, that the Manager is directed to cease discussions with the Fourth Circuit Court of Appeals, the Chapel Hill Day Care Center and with the Head Start Program.

This the 25th day of October, 1993.

Item 9 Cable Television Franchise Agreement

Assistant to the Manager Greg Feller said the Town had granted a cable television franchise agreement in 1979 for a fifteen year period. He noted that the Cable Television Advisory Committee had been working with Town staff on the refranchising agreement since 1992. Mr. Feller briefly reviewed key aspects of the proposed refranchising agreement including the desire to eliminate or

minimize the need for cable converter boxes. He stated that staff proposed that public hearings be held on the proposed refranchising in February and May, 1994.

Council Member Andresen inquired about the possibility of educational and governmental access channels being made available at special fees. Mr. Feller said this possibility could be explored during the refranchising process.

Council Member Capowski thanked Mr. Feller for guiding the Cable Television Advisory Committee through the refranchising process. Council Member Capowski said he was convinced that the Town would get a better cable television system as a result of the refranchising process.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION AUTHORIZING TRANSMITTAL OF A REQUEST FOR PROPOSAL FOR CABLE TELEVISION FRANCHISE RENEWAL TO TIME WARNER CABLE (CABLEVISION) (93-10-25/R-3)

BE IT RESOLVED that the Town Council of Chapel Hill authorizes the Manager to transmit to Time Warner Cable/Cablevision the request for proposal document in substantially the form presented to the Council on October 25th, 1993 a copy of which shall be retained with the records of this meeting.

This the 25th day of October, 1993.

Item 10 Calling Gun Control Hearing

Town Attorney Ralph Karpinos presented an overview of possible additional ordinances and related legal risks concerning firearm regulations. He stated a special meeting on possible handgun regulations was proposed for November 9th. Mr. Karpinos noted that a public forum on possible additional firearms-related suggestions

to the General Assembly was also proposed by staff. He stated that a total of five possible regulatory changes were proposed including the display of weapons by persons under the influence of alcohol or drugs, the display of weapons at polling places, the display of weapons at public assemblies, the display of small handguns on public property or sidewalks and the possession of weapons of mass death and destruction. Mr. Karpinos said the proposed regulations would have a general exemption to permit the transportation of weapons to another location if they were unloaded and not readily accessible in the transporting vehicle.

Mayor Broun said the resolution before the Council was to set up a public hearing at the Chapel Hill High School Cultural Arts Center on November 9th. He stated that Town residents would be asked to provide photo identification at the hearing. Mayor Broun also noted that Town residents would speak first on the proposed changes. He suggested that the proposed hearing be limited to three hours.

Council Member Werner asked whether a separate hearing for each item was proposed. Mayor Broun said no. Council Member Werner expressed concern that speakers comments might be very broad, rather than addressing specific proposals. He stated that the issues included in Resolution 5 had been addressed at the Council's September hearings on firearm regulations.

Council Member Andresen emphasized the importance of having an open and public hearing process. Council Member Brown noted that many persons with a Chapel Hill mailing address did not necessary live within Town limits. Mr. Horton said Town staff could identify specific residences within Town limits. Council Member Capowski said he did not think much more new information could be presented at another public hearing on firearms. Council Member Capowski suggested that the Council not hold a third public hearing on the matter.

Council Member Chilton said the members of the public would likely comment on matters such as the definition of a weapon of mass destruction. He stated that not holding a public hearing would open up the Council to criticism that the deliberation process was

not democratic. Council Member Chilton said he did not want to lend credence to this argument.

Mr. Horton said a public hearing offered citizens a chance to comment on proposed detailed recommendations concerning possible changes to existing firearm regulations.

Council Member Brown said she strongly supported holding a public hearing on the proposed ordinance changes. Mayor Broun said he also supported holding the hearing. Council Member Werner said he would vote for Resolution 4 and against Resolution 5.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED BY A VOTE OF 6-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

Mr. Horton noted that the Council would need to adopt Resolution 5, calling a public hearing, if it wished to present any firearm-related legislation to the local legislative delegation.

COUNCIL MEMBER CHILTON MOVED ADOPTION OF RESOLUTION 5.

Council Member Werner inquired about the possibility of holding a hearing for 2 hours on topics in Resolution 4 and a 1 hour hearing on topics in Resolution 5. Noting that there was no legal requirement to hold another public hearing, Council Member Capowski inquired whether the Council wished to proceed with legislative requests on firearm regulations.

Council Member Werner inquired about the value of holding a hearing since there would not be a regular legislative session until 1995.

Mr. Horton said the new Council could possibly hold a hearing on the proposals.

Mayor Broun suggested that the committees of the Violent Crime and Drug Abuse program review the proposed changes. He inquired which Council Members would be unable to attend the hearing on November 9th. Council Members Capowski, Chilton and Powell indicated that they would be unable to attend a hearing on November 9th. Noting that three Council Members would be unable to attend a November 9th hearing, Mayor Broun suggested that reconsider Resolution 4 with a hearing date of November 4th and the meeting site to be determined, with the Chapel Hill High School Cultural Arts Center being the preferred location. Mr. Karpinos said the draft proposals would be available for review several days before the hearing.

RESOLUTION 4, AS REVISED, WITH A HEARING DATE OF NOVEMBER 4TH AND A SITE TO BE DETERMINED, WAS ADOPTED BY A VOTE OF 6-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

A RESOLUTION CALLING A PUBLIC HEARING TO RECEIVE COMMENTS ON SPECIFIED PROPOSALS FOR ADDITIONAL TOWN ORDINANCE(S) REGARDING CONTROL OF WEAPONS (93-10-25/R-4)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing at 7:30 pm on November 9, 1993, to receive citizens comments on potential new ordinance(s) regarding the following:

1. Prohibit the display on Town streets, sidewalks, alleys and other places open to the public of any firearm by any person consuming or under the influence of alcohol or any other impairing substance.

2. Prohibit the display of any firearm at polling places.

3. Prohibit the display of any firearm at any public assembly in Chapel Hill on public streets, sidewalks, alleys and other public property.

4. Prohibit the display, on the streets, sidewalks and alleys of the Town of any small handgun, to be defined by size so as to prohibit weapons which are "easily and ordinarily carried concealed."

5. Prohibit the sale, possession, storage, use or conveyance within the Town, of any weapon of mass death and destruction, to be defined to include "assault" and "semi-automatic" weapons.

BE IT FURTHER RESOLVED that the Council directs the Town Attorney to draft in advance of the public hearing an ordinance(s) incorporating the proposals listed above.

This the 25th day of October, 1993.

Item 11 Items by Council Members

Naming Committee Recommendation

Council Member Powell said the Naming Committee recommended that the library entrance drive be named Library Drive.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 6.

Council Member Capowski said he was disappointed by the proposed name selection. Council Member Powell said the Committee had concentrated on making all parties happy.

RESOLUTION 6 WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION NAMING THE ENTRANCE ROAD TO THE NEW CHAPEL HILL PUBLIC LIBRARY (93-10-25/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby names the public street from Estes Drive to the new Public Library as Library Drive.

This the 25th day of October, 1993.

Triangle J Economic Development Funds

Mr. Horton said the proposed resolution concerned the pass-through of federal economic development funds.

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

A RESOLUTION OF THE CHAPEL HILL TOWN COUNCIL REQUESTING RELEASE OF STATE ECONOMIC DEVELOPMENT FUNDS TO THE TRIANGLE J COUNCIL OF GOVERNMENT (93-10-25/R-7)

WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the state; and

WHEREAS, many counties and cities continue to need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and

WHEREAS, the 1993 General Assembly recognized this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed appropriate by their local governments; and

WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and

WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and

WHEREAS, in Region J funds in the amount of $48,015 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangle Park.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill requests the release of its $3,064.03 share of these funds to the Triangle J Council of Governments at the earliest

possible time in accordance with the provisions of Chapter 321, Senate Bill 27, section 39 of the 1993 Session Laws.

This the 25th day of October, 1993.

Reuse of Treated Wastewater

Council Member Brown said Resolution 8 was a more formal statement to the OWASA Board concerning the benefits of reusing treated wastewater.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION ENCOURAGING THE OWASA BOARD OF DIRECTORS TO AUTHORIZE A FEASIBILITY STUDY OF WASTEWATER REUSE (93-10-25/R-8)

BE IT RESOLVED that the Town Council of Chapel Hill requests that the OWASA Board of Directors allocate funds within the current

OWASA budget to enable a feasibility study of the potential for reusing treated wastewater for irrigation of Finley Golf Course.

This the 25th day of October, 1993.

Item 12 Quarterly Reports

Noting that the Quarterly Report was very useful, Mayor Broun suggested that any questions be directed to the Manager.

There were no reports from Council liaisons.

Item 13 Consent Agenda

Council Member Andresen requested removal of items d and g. Mayor Broun requested removal of item e.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ITEMS A, B, C AND F OF THE CONSENT AGENDA. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-10-25/R-9)

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

a. Minutes of September 20 and 28.

b. Playground Equipment (R-10).

c. Changes to public housing annual contributions contract and related budget amendment (R-11 and O-0.1).

d. Change order for new public housing construction contract (R-12).

e. Authorizing Educational Leave for a Town Employee to attend Triangle Fire Challenge Training Academy and establishing Town policy for employees attending the Academy (R-13a and b).

f. Second reading of ordinance adopting procedures for enforcing federal rules on cable television basic service rates (O-1).

g. Authorizing agreement with the Town of Carrboro for mutual aid in code inspections (R-14).

This the 25th day of October, 1993.

A RESOLUTION APPROVING ALLOCATIONS FOR PLAYGROUND EQUIPMENT AT UMSTEAD, GOMAINS, AND THE COMMUNITY CENTER PARKS (93-10-25/R-10)

WHEREAS, the initial cost estimates for play equipment at the Gomains, Umstead, and the Community Center Parks were not sufficient to meet the requirements of the Americans with Disabilities Act; and

WHEREAS, a special Playground Access Committee, the Parks and Recreation Commission and Town staff have jointly agreed to recommend specifications for accessible equipment which will comply with the Americans with Disabilities Act; and

WHEREAS, the Parks and Recreation Commission and the Town Manager recommend the following allocations and funding sources for purchasing and installing play equipment at the three park sites:

Allocations: $116,000

Umstead Park $50,000

Gomains Park $16,000

Community Center Park $50,000

Funding Sources: $116,000

Remaining 1989 Parks and Open

Space Bond Funds Allocated for

Play Equipment in

September, 1992 $39,000

Remaining 1989 Parks and Open

Space Bond Funds from the Cedar

Park Parking Lot Expansion $27,000

Payment-in-lieu Funds from the

Oaks II Subdivision $50,000

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the recommended allocations for play equipment using $66,000 in 1989 Park and Open Space Bond Funds and $50,000 in payment-in-lieu funds.

BE IT FURTHER RESOLVED that the Council hereby expresses its appreciation to the members of the Playground Access Committee and the Parks and Recreation Commission for their work in reviewing and recommending accessible play equipment for all users.

This the 25th day of October, 1993.

A RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT (93-10-25/R-11)

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

WHEREAS, the Town of Chapel Hill (PHA) proposes to enter into an Annual Contributions Contract or Amendment thereto (Contract) with

HUD in order to receive such assistance;

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

The Contract, numbered Contract No. A-3963, Amendment No. 19 (delete if not applicable), is hereby approved and accepted both as to form and substance and the Chairman or Vice Chairman is hereby authorized and directed to execute said Contract in quadruplicate on behalf of the PHA, and the Secretary is hereby authorized and directed to impress and attest the official seal of the PHA, on each counterpart and to forward executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government.

This the 25th day of October, 1993.

AN ORDINANCE TO AMEND A GRANT PROJECT ORDINANCE FOR NEW PUBLIC HOUSING UNITS (93-10-25/O-0.1)

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

SECTION I

The project authorized is the construction of new public housing units as approved by Council on July 10, 1989 (89-7-10/R-15.1): Funds are as contained in the Development Grant Agreement and the Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD) for Project Grant 10. The project activities will include the construction costs for 24 new public housing units.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the grant project within the terms of the grant document(s), the rules and regulations the U.S. Department of Housing and Urban Development, and the budget contained herein.

SECTION III

The following revenues are anticipated to be available to complete this project:

Current Budget Amended Budget

HUD Development Grant $1,549,082 $1,720,795

The following amounts are appropriated for the project:

Current Budget Amended Budget

Administration $ 30,000 $ 30,000

Professional Services $ 86,500 $ 86,500

Construction $1,432,582 $1,604,295

TOTAL: $1,549,082 $1,720,795

SECTION IV

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the grant agreement(s) and Federal and State requirements.

This the 25th day of October, 1993.

AN ORDINANCE GOVERNING THE PROCEDURES AND STANDARDS FOR THE REGULATION OF CABLE TELEVISION RATES PURSUANT TO THE RULES OF THE FEDERAL COMMUNICATIONS COMMISSION AND THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 (93-10-13/O-3) (RESUBMITTED 93-10-25/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council amends Chapter 10 of the Town Code by adding a new Article V A as follows:

SECTION 10-94. Background and Purpose.

A. On the 19th day of November, 1979, the Town Council of Chapel Hill, North Carolina ("Council") passed and adopted Ordinance No. 79-O-66 granting to Village Cable Inc. the nonexclusive right to construct, own, and operate a cable television system in the Town. The franchise is now held by Time Warner Cable, L.P. ("Grantee").

B. The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") was enacted on October 5, 1992, and became effective on December 4, 1992. The 1992 Cable Act amends the Cable Communications Policy Act of 1984 and, in particular, Section 623 (47 U.S.C. 543) governing the regulation of rates charged by cable television operators.

C. On April 1, 1993, the Federal Communications Commission ("FCC") adopted rate regulations pursuant to the 1992 Cable Act. These FCC rate regulations were released May 3, 1993, and became effective September 1, 1993.

D. Pursuant to 47 C.F.R. Part 76.900, Subpart N, Section 76.910, on the 1st day of September, 1993, the Town submitted FCC Form 328--Certification for Local Franchising Authorities--to the FCC via Registered Mail, Return Receipt Requested. Pursuant to Section 76.910, the date on the return receipt, September 3, 1993, is to be considered the date filed. A copy of FCC Form 328 was also served on Grantee on September 1, 1993, the same day it was submitted to the FCC.

E. Pursuant to Section 76.910, the Town's certification becomes effective 30 days after the date filed.

F. In adopting this Ordinance, the Town reviewed applicable FCC regulations governing the basic service tier and provided a reasonable opportunity for consideration of the views of interested parties.

G. This Ordinance will govern the procedures to be undertaken by the Town for the regulation of Grantee's cable television rates pursuant to the 1992 Cable Act and the regulations of the FCC.

SECTION 10-95. Full Regulatory Power Reserved. All rates and charges for basic cable service and any other cable programming services, as defined by the 1992 Cable Act and applicable FCC regulations, shall, to the extent permissible, be subject to regulation by the Town in a manner provided by this Ordinance. This Ordinance shall apply to all cable television system operators in the Town. The Grantee and/or any other operator of a cable television system operating in the Town shall be subject to the rate regulation provisions provided for herein, and those of the FCC at 47 C.F.R., Part 76.900, Subpart N.

The Town reserves the right to amend this Ordinance from time to time consistent with the requirements of the FCC, and state and federal law.

SECTION 10-96. Procedures For Implementing Regulation of Basic Cable Service.

A. The Council hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N.

B. Upon adoption of this Ordinance, the Town Manager will send to Grantee and each operator of a cable television system in the Town, via Certified Mail, Return Receipt Requested, a written notice, which shall include a copy of this Ordinance and the completed FCC Form 328.

C. Within thirty (30) days after receipt of the notice referenced in Section 3.B, Grantee and any other cable television operator shall have thirty (30) days to respond with rate and benchmark information utilizing FCC Form 393--Determination of Maximum Initial Permitted Rates For Regulated Cable Services and Actual Cost of Equipment.

1. If the initial rates and/or any subsequent rate increases are within the

FCC standards, the rates will be effective thirty (30) days after submission.

2. If the Council is unable to determine whether the rate in issue is within the FCC's standards, based on the material before it, or if the Grantee or any other cable operator has submitted a cost-of-service showing seeking to justify a rate above the FCC's reasonable rate level, the Town may take an additional period of time to make a final determination and

toll the effective date of the proposed rates for a commensurate period.

a. The Council may take an additional 90 days if it needs more time to ensure that a rate is within the FCC's rate standards.

b. The Council may take an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level.

c. The Council must issue a brief written decision regarding its invocation of the additional time period.

3. If no action is taken within the above referenced time periods, the proposed rates will go into effect, subject to subsequent refund orders if the Council later issues a decision disapproving any portion of the proposed rates.

4. In all cases, the Council will issue a written decision to approve the rate scheduled, disapprove the rate schedule or continue for review.

5. If rates are in excess of the FCC's standards, the rates may be reduced by the Town pursuant to applicable FCC regulations.

D. After the initial rate schedule procedures are followed, as described in this Section, Grantee and/or any other cable operator shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, Grantee and/or any other cable operator shall notify the Town Manager of its requested rate change by giving the Town Manager thirty (30) days advance written notice before the change is effective and by providing the Town with its rates and applicable information pursuant to FCC regulations.

E. To the extent specifically permitted by federal law and applicable FCC rules, Grantee and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the Town.

SECTION 10-97. Consultant and Costs.

A. The Town may utilize a rate consultant to advise it on proposed rate changes and to assist it in the procedures and the standards for review adopted by the FCC. A rate consultant may be any person who has

sufficient background and experience, in the sole opinion of the Town, to properly evaluate and analyze rates and charges.

B. All costs for the review of initial rates or rate changes shall be paid by the cable operator upon demand of the Town, unless contrary to applicable rules of the FCC governing these procedures or unless otherwise specifically preempted by state or federal law. The costs shall include, but not be limited to, rate consultants, attorney's fees and the reasonable value of services (as determined by the Town) rendered by the Town or any Town employees, agents or representatives of the Town.

SECTION 10-98. Application of the Requirements of the Ordinance.

The requirements described in this Ordinance are applicable to the Grantee and all operators of cable television systems within the Town subject to rate regulation according to the 1992 Cable Act and applicable FCC rules.

This the 13th day of October, 1993. First reading.

This the 25th day of October, 1993. Second reading.

Council Member Andresen inquired whether the change order was to lay sod at the public housing units on NC 86. Mr. Horton said it was less expensive to lay sod than to attempt to establish grass by seeding. Council Member Andresen said it was hard to believe that fill costs would be $30,000. Mr. Horton noted that tremendous soil difficulties had been experienced at the public housing site.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A CHANGE ORDER IN THE AMOUNT OF $30,000 TO DTH CONSTRUCTION COMPANY, INC. FOR THE NEW PUBLIC HOUSING UNITS (93-10-25/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manger to execute a change order with DTH Construction Company, Incorporated in the amount of $30,000 for the new public housing construction, as listed below and discussed in the Town Manager's report of October 25, 1993.

49. Install 120,000 square feet of sod for lawns $30,000

This the 25th day of October, 1993.

Mayor Broun said he had requested removal of item e to call attention to the Fire Challenge Academy Training Program.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 13A. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

RESOLUTION A

A RESOLUTION AUTHORIZING PERIODS OF OBLIGATION FOR REPAYMENT OF SALARY FOR TOWN EMPLOYEES ATTENDING THE FIRE CHALLENGE ACADEMY

(93-10-25/R-13a)

WHEREAS, the Personnel Ordinance authorizes a minimum period of obligation to return to Town service or repay the salary paid during an approved educational leave; and

WHEREAS, the Town wishes to assist current Town employees (limited to one per department per Academy class) in attending the Chapel Hill Fire Challenge Academy, when possible; and

WHEREAS, the opportunity for a Town employee to attend the Fire Challenge Academy offers that employee training outside their current occupation and department of assignment; and

WHEREAS, a longer period than that established in the Personnel Ordinance is appropriate for employees using educational leave for this training.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the following salary and repayment obligation options for Town employees attending the Fire Challenge Academy:

(1) leave without pay granted; or

(2) educational leave with half pay granted, with obligation to repay salary if he or she leaves Town service in a permanent position before one year after the educational leave is complete; in addition, during the one year following completion of the educational leave, the employee must give back 10 days of accrued vacation leave or holiday pay ; or

(3) educational leave with full pay granted, with obligation to repay salary if he or she leaves Town service in a permanent position before two years after the educational leave is

complete; in addition, during the two years following completion of the educational leave, the employee must give back 20 days of accrued vacation leave or holiday pay.

This the 25th day of October, 1993.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 13B. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

RESOLUTION B

A RESOLUTION AUTHORIZING AN EDUCATIONAL LEAVE FOR A TOWN EMPLOYEE (93-10-25/R-13b)

WHEREAS, the Personnel Ordinance requires that the Town Council approve educational leave of greater than 15 days; and

WHEREAS, Truck Driver Keith Alston has been accepted into the Chapel Hill Fire Department's Fire Challenge Academy; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes educational leave for a period of 14 weeks for Mr. Keith Alston to attend the Chapel Hill Fire Challenge Academy.

This the 25th day of October, 1993.

Mr. Horton said the Town was very proud that Keith Alston had been selected to participate in the training program.

Council Member Andresen requested a follow-up report on the inspections reciprocal agreement with the Town of Carrboro.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

A RESOLUTION APPROVING A RECIPROCAL AGREEMENT BETWEEN THE TOWN OF CARRBORO AND THE TOWN OF CHAPEL HILL (93-10-25/R-14)

WHEREAS, the Town of Carrboro and the Town of Chapel Hill desire to establish a reciprocal agreement to assist one another; and

WHEREAS, the Town of Chapel Hill and Carrboro are required by the State of North Carolina to perform and conduct the inspections of buildings according to specific certifications issued by the North Carolina Building Code Qualification Board; and

WHEREAS, Chapel Hill and Carrboro may from time-to-time need assistance from one another to perform a specific type or level of inspections; and

WHEREAS, it is in the best interest of each town to mutually cooperate to provide timely service to their citizens.

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

Section 1. The Town Manager is authorized to execute an agreement in substantially the form submitted to the Council on October 25, 1993 relating to the provision of inspection services to the Town of Carrboro by the Town of Chapel Hill's Building Inspections Office and the Town of Chapel Hill by the Town of Carrboro's Inspections Department.

Section 2. This resolution shall become effective upon adoption.

This the 25th day of October, 1993.

Item 14 Information Reports

Mayor Broun thanked Council Member Rimer, the Downtown Commission and Mr. Horton for their work on the proposed lighting program. Noting her support for the proposed streetlighting program, Council Member Andresen said she hoped that the Town staff would work with Duke Power to choose attractive temporary lighting receptacles. Council Member Brown said she hoped the most energy-efficient lighting fixtures would be used.

There was no need for an Executive Session. The meeting concluded at 11:14 p.m.