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

OF CHAPEL HILL, MONDAY, NOVEMBER 28, 1994 AT 7:00 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf. 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.

Item 1 Ceremonies

Mayor Broun presented a plaque to retiring Public Works employee Tommy Tapp. Mayor Broun commended Mr. Tapp for his years of dedicated service to the Town and its residents. Mr. Tapp said it had been a pleasure working for the Town.

Mayor Broun read a proclamation declaring Monday, November 28, 1994 as Robbie Cox Day in Chapel Hill. Mayor Broun presented the proclamation to Mr. Cox, noting that Mr. Cox had recently been elected as President of the National Sierra Club. Accepting the proclamation, Mr. Cox said he was very proud to represent a Town with a great level of insight and decency.

Item 3 Petitions

Council Member Brown moved, seconded by Council Member Pavão, to refer a petition to the Manager from Art Dodd concerning sidewalks along Weaver Dairy Road.

Council Member Capowski requested that the staff's follow-up report provide a global perspective on sidewalks along Weaver Dairy Road.

The motion to refer was adopted unanimously (9-0).

Bob Vaillancourt, representing the Lake Forest Homeowners Association, urged the Council to demarcate between neighborhoods and places where commercial or business activities were permitted.

Dr. Mark Eisen said he hoped the Council would not find the previous petition to be a reasonable one requiring staff follow-up.

Rhoda Wynn said the petition from the Lake Forest Homeowners Association was applicable to all neighborhoods in the Town.

Council Member Pavão moved, seconded by Council Member Evans, to receive and refer the petition. The motion was adopted unanimously (9-0).

Judy Nunn, speaking on behalf of her mother, Judy Rodgers-Nunn, stated that recent landfill blasting activities had caused damage to Ms. Rodgers-Nunn's home. She requested the Council's assistance in the matter.

Scott Franklin expressed concern that there might be plans to purchase the Neville tract for use as a landfill, rather than as a park as proposed at one time. He requested that purchase of the Neville tract be delayed.

Council Member Chilton stated that the Town was interested in correcting any problems experienced by Ms. Rodgers-Nunn relative to blasting activities. He also noted that the Landfill Owners Group had recently voted to ask staff to negotiate a purchase price for the Neville property.

Council Member Waldorf moved, seconded by Council Member Pavão, to refer the matter to Landfill Owners Group representative Chilton. The motion to refer was adopted unanimously (9-0).

Noting the recent bankruptcy-related difficulties of developer George Tate, Virginia Barbee requested the Council's assistance in the possible acquisition of additional properties for development by the Knolls Development Association. Mayor Broun requested that staff look into possible Town involvement in the matter. Council Member Evans requested that staff look into opportunities for creating additional parking on the west end of Franklin Street. Expressing concerns about the loss of diversity in the Town, Council Member Powell requested that prepare a follow-up agenda item for Council consideration.

Council Member Protzman moved, seconded by Council Member Chilton, to refer the matter to the Manager. The motion was adopted unanimously (9-0).

Council Member Chilton noted that he had recently a call from OWASA Board Chair Julie Andresen earlier in the day advising him that OWASA had experienced electrical pumping problems at its fresh water treatment plant. Council Member Chilton said OWASA was asking its customers to conserve water as much as possible until further notice.

Item 4 Boards and Commissions

Appointments to Housing and Community Development Board

Lawrence Daquioag and Ray Griffenhagen were appointed to the Housing and Community Development Advisory Board. Original ballots are on file in the Town Clerk's Office.

Appointment Recommendation to Orange County Visitors Board

Council Member Protzman moved, seconded by Council Member Evans, to recommend reappointment of Council Member Pavão to the Orange County Visitors Bureau Board of Directors. The motion was adopted unanimously (9-0).

Item 5 Proposed NC 86 Improvements

Council Member Waldorf moved, seconded by Council Member Evans, to adopt Resolution 1, as amended. Resolution 1, as amended, was adopted by a vote of 6-3, with Council Members Brown, Chilton and Powell voting no.

A RESOLUTION ENDORSING THE DESIGN OF IMPROVEMENTS ON N.C. 86 BETWEEN HOMESTEAD ROAD AND INTERSTATE 40, AS DESCRIBED BELOW

(94-11-28/R-1)

WHEREAS, it is the Town's desire to improve N.C. 86 in such a way that it can safely and effectively accommodate existing and future vehicular, bicycle, and pedestrian traffic; and

WHEREAS, improvements on N.C. 86 should create an entranceway environment in accordance with the Town's Master Landscape Plan for Entranceway Corridors; and

WHEREAS, representatives of the Town, the North Carolina Department of Transportation, and citizens have met and discussed the project needs, scope, costs, and impacts; and

WHEREAS, all input has been evaluated in conjunction with preliminary design studies in reaching a decision concerning the recommended design;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the following improvement elements for inclusion in the design of the N.C. 86 Improvement Project, Phase One:

1. Between Homestead Road and Weaver Dairy Road, the project shall include two travel lanes in each direction, a sixteen (16') foot wide raised center median, accommodations for turning traffic and transit vehicles where appropriate, bike lanes, curb-and-gutter, and sidewalks.

2. Between Weaver Dairy Road and I-40, the project shall include two travel lanes in each direction, a twenty-eight (28') foot wide raised center median, and accommodations for turning traffic and transit vehicles where appropriate. Improvements related to the Chapel Hill North development shall be incidental to and coordinated with this project.

3. Between Weaver Dairy Road and I-40, the project shall be offset to the east to the maximum extent feasible within normally accepted design practices.

4. Accommodations shall be included in this project for a driveway on Eubanks Road to serve the North Chapel Hill Baptist Church.

5. Between Weaver Dairy Road and I-40, adequate right-of-way shall be acquired for possible future improvements, but clearing and construction disturbance for Phase One improvements shall be minimized to the degree practical.

6. A comprehensive traffic signal study shall be performed at the NC 86/Stateside Drive intersection, and if a traffic signal is warranted, it shall be included in the improvement project.

7. Between Northwoods Drive and Weaver Dairy Road, the project shall include a temporary sidewalk along the west side of N.C. 86.

BE IT FURTHER RESOLVED that the Council requests the North Carolina Department of Transportation to proceed with design, right-of-way acquisition, and construction of the N.C. 86 Improvement Project, as endorsed herein by the Council, as promptly as possible and in coordination with Town staff at all times.

This the 28th day of November, 1994.

Item 6 Stroud Hill Traffic Safety

Council Member Chilton moved, seconded by Council Member Capowski, to adopt Resolution 2, as amended. The motion was adopted unanimously (9-0).

Council Member Brown requested that staff provide a follow-up report on enforcement.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PROCEED WITH STUDY AND IMPLEMENTATION OF TRAFFIC SAFETY IMPROVEMENTS ON STROUD HILL AS DESCRIBED HEREIN (94-11-28/R-2)

WHEREAS, the Stroud Hill section of East Franklin Street between Deming Road and Boundary Street has a historically high rate of traffic accidents; and

WHEREAS, certain improvements have been identified which could improve traffic safety on Stroud Hill;

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to work with the North Carolina Department of Transportation to study and take appropriate action where possible on the following traffic safety improvements for Stroud Hill:

1. Request the State to reduce the posted speed limit from 35 m.p.h. to 25 m.p.h.

2. Request that the State study the installation of at least one traffic signal between Estes Drive and Boundary Street on East Franklin Street.

3. Request that the State install a lighted speed-warning sign on East Franklin Street between Park Place and Roosevelt Drive.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to provide for maximum enforcement of the speed limit in the Stroud Hill area consistent with available resources.

This the 28th day of November, 1994.

Item 7 Sidewalk Dining/Screening Requirements for Outdoor Sales

Council Member Protzman moved, seconded by Council Member Powell, to adopt Resolution 3. The motion was adopted unanimously (9-0).

A RESOLUTION DIRECTING THE TOWN MANAGER TO SCHEDULE A PUBLIC INFORMATION MEETING TO ALLOW A DISCUSSION OF DINING AND SALES ON THE DOWNTOWN SIDEWALKS (94-11-28/R-3)

WHEREAS, the Town Council for some time has been discussing the desirability of permitting dining and sales on the downtown sidewalks, and

WHEREAS, the Council has received petitions from citizens who are interested in changes that would allow dining and/or sales on the downtown sidewalks, and

WHEREAS, the Council is interested in the community sharing ideas on the subject of downtown sidewalk dining and sales, and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manger to schedule a Public Information Meeting for January 19 from 3:00 to 5:00 p.m. in the Town Hall Council Chamber, for the purpose of having an exchange of ideas among the citizens, merchants, property owners and Town staff on the subject of permitting dining and sales on the downtown sidewalks.

This the 28th day of November, 1994.

Council Member Capowski moved, seconded by Council Member Pavão, to adopt Resolution 4. The motion was adopted unanimously (9-0).

A RESOLUTION CALLING A PUBLIC HEARING TO RECEIVE CITIZEN COMMENT ON AMENDING THE DEVELOPMENT ORDINANCE TO REPEAL THE REQUIREMENT FOR SCREENING OUTDOOR FOOD SALES IN THE TOWN CENTER 1 AND 2 ZONING DISTRICTS (94-11-28/R-4)

WHEREAS, the Town Council has for some time been discussing the desirability of permitting outdoor dining in the downtown, and

WHEREAS, the Development Ordinance now requires that all sales in the downtown area be screened from the public view, and

WHEREAS, the Development Ordinance permits the Council to amend the Ordinance on its own motion, and

WHEREAS, the Council would like to hear public comment on the desirability of repealing the screening requirement for outdoor dining downtown,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for February 20, 1995 to hear citizen comment on repealing the requirement for screening of outdoor dining in the downtown.

This the 28th day of November, 1994.

Item 8 Presentation of Audit Report and GFOA Certificate

of Excellence in Financial Reporting

Melissa Gaither of Deloitte and Touche presented the annual audit report. A copy of the audit report is on file in the Town Clerk's Office. Mr. Horton noted that staff was preparing a response to the audit's management letter for presentation to the Council.

Mayor Broun presented Finance Director James Baker the 1992-93 Certificate of Excellence in Financial Reporting from the Government Finance Officers' Association.

Item 9a Stormwater Management Committee Report

Stormwater Committee Chairperson Art Werner presented the Committee's reports and findings to the Council.

Council Member Chilton thanked the Committee for its work and moved adoption of Resolution 5. Council Member Pavão seconded the motion. The motion was adopted unanimously (9-0).

A RESOLUTION RECEIVING THE FINAL REPORT OF THE STORMWATER MANAGEMENT COMMITTEE, DATED NOVEMBER, 1994, AND DIRECTING THE TOWN MANAGER TO INVESTIGATE THE IMPLEMENTATION OF THE REPORT RECOMMENDATIONS (94-11-28/R-5)

WHEREAS, a Stormwater Management Committee was established in 1992 to investigate and make recommendations regarding stormwater management issues affecting Chapel Hill; and

WHEREAS, the Committee has completed its work and prepared a final report and recommendations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith receives with appreciation the November, 1994, Final Report of the Stormwater Management Committee; and

BE IT FURTHER RESOLVED that the Council express its gratitude to the members of the Committee for their time and effort in developing and preparing said report and recommendations which will be of benefit to the Chapel Hill community and surrounding area; and

BE IT FURTHER RESOLVED that the Council directs the Town Manager to investigate the implementation of the recommendations included in said report and to include consideration of the fiscal impacts of the recommendations during development of the Town's 1995-96 budget.

This the 28th day of November, 1994.

Item 9b Tree Committee Report

Joe Herzenberg presented the Tree Committee's final report to the Council.

Council Member Capowski moved, seconded by Council Member Pavão, to adopt resolution 6. The motion was adopted unanimously (9-0).

A RESOLUTION EXPRESSING APPRECIATION FOR THE HARD WORK DONE BY THE TOWN'S TREE COMMITTEE AND REQUESTING THAT THE TOWN MANAGER REVIEW AND COMMENT ON THE TREE COMMITTEE REPORT DATED NOVEMBER 28, 1994 AND REPORT BACK TO THE COUNCIL (94-11-28/R-6)

WHEREAS, the Town's Tree Committee has worked diligently reviewing the implementation of the Town's Tree Protection Ordinance since the Ordinance was enacted in January of 1990; and

WHEREAS, the Council has received the final report from the Town's Tree Committee; and

WHEREAS, the Council has an ongoing interest in the successful implementation of the Town's Tree Protection Ordinance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council expresses its sincere appreciation for the hard work done by the Tree Committee; and

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council requests the Town Manager to review and comment on the Tree Committee Report and report back to the Council.

This the 28th day of November, 1994.

Claire Cooperstein requested that staff reexamine the proposed exemption of single-family lots from standards of the Tree Protection Ordinance.

Council Member Chilton moved, seconded by Council Member Brown, to refer Ms. Cooperstein's concern to staff. The motion was adopted unanimously (9-0).

Item 10 Orange County Economic Development Quarterly Report

Orange County Economic Development Director Ted Abernathy presented an update on economic development activities in Orange County.

Item 11 Consent Agenda

Council Member Pavão requested removal of item d from the consent agenda. Council Member Waldorf requested removal of items b and g for discussion. Council Member Powell requested removal of item l for discussion.

Council Member Capowski moved, seconded by Council Member Protzman, to adopt the balance of the consent agenda (excepting items b, d, g, i and l). The motion was adopted unanimously (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(94-11-28/R-7)

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

a. Minutes of October 10, 24 and November 2.

b. Acceptance of drug elimination grant (R-8); related budget amendment (O-1).

c. Awarding contract for refuse trucks (R-9).

d. Allowing conversion of Town employees' vacation leave exceeding thirty days to sick leave (O-2).

e. Deleted.

f. Requesting State improvements at Dobbins Drive/Erwin Road intersection (R-11).

g. Annual resolution identifying areas under consideration for possible future annexation (R-12).

h. Rescheduling January 18th public hearing to January 17th (R-13).

i. Amending budget to include additional $100,000 from undesignated General Fund balance for sidewalk projects (O-3).

j. Annual reappropriation of encumbrances from previous budget year (O-4).

k. Leasing a portion of old Library building to Chapel Hill Historical Society (R-14).

l. Notice of Intent to Renew the Lease of the IFC Shelter for the Homeless (R-15).

This the 28th day of November, 1994.

Bid Award for Refuse Trucks

A RESOLUTION ACCEPTING THE BIDS FOR THE PURCHASE OF A REAR-LOADING PACKER BODY AND SIDE-LOADING PACKER BODY (94-11-28/R-9)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on September 18, 1994, in accordance with G.S. 143-129 for the purchase of one side-loading packer body, one rear-loading packer body; and

WHEREAS, the following bids have been received and opened on October 6, 1994:

Side-Loading Rear-Loading

Vendor Packer Body Packer Body

Cavalier Equipment Co. No bid $25,670.00

Lodal-South, Inc. No bid $26,925.00

Quality Equipment, Inc. $37,070.00 $29,987.00; and

WHEREAS, as the bid from Cavalier Equipment Co. was found to be non-responsive to specifications for the tailgate assembly and the hydraulic system;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the lowest responsive bid of Lodal-South, Inc., for the purchase of one rear-loading packer body and Quality Equipment, Inc., for the purchase of one side-loading packer body for the Public Works Sanitation Division.

This the 28th day of November, 1994.

Dobbins Drive/Erwin Road Improvements

A RESOLUTION REQUESTING THAT THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FUND, DESIGN, AND CONSTRUCT ROADWAY IMPROVEMENTS AT THE INTERSECTION OF DOBBINS DRIVE AND ERWIN ROAD IN CHAPEL HILL (94-11-28/R-11)

WHEREAS, the Council is concerned about the increasing traffic congestion and unsafe conditions at the Dobbins Drive/Erwin Road intersection; and

WHEREAS, the North Carolina Department of Transportation has indicated its willingness to assist the Town in improving the intersection;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town requests that the North Carolina Department of Transportation provide funding, design, and construction as necessary for the realignment of Dobbins Road at its intersection with Erwin Road; and

BE IT FURTHER RESOLVED that the Town agrees to be responsible, at no cost to the State, for providing right-of-way and utility relocations as may be reasonably necessary for said Dobbins Drive realignment at the Erwin Road intersection.

This the 28th day of November, 1994.

Rescheduling of January 18th Public Hearing to January 17th

A RESOLUTION RESCHEDULING THE JANUARY 18, 1995 BUSINESS MEETING TO JANUARY 17, 1995 (94-11-28/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby reschedules the January 18, 1995 business meeting to Tuesday, January 17, 1995.

This the 28th day of November, 1994.

Reappropriation of Encumbrances

AN ORDINANCE TO AMEND THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994" (94-11-28/O-4)

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, 1994" as adopted on June 6, 1994 be and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	CURRENT BUDGET	INCREASE	DECREASE	REVISED BUDGET
GENERAL FUND
Mayor	40,356	0		40,356
Council	120,274	697		120,971
Town Manager	520,415	12,448		532,863
Town Clerk	251,372	0		251,372
Personnel	411,042	1,938		412,980
Finance	638,777	76,769		715,546
Legal	133,108	0		133,108
Planning	643,989	191		644,180
Inspections	339,011	0		339,011
Engineering	515,246	12,338		527,584
Public Works
Admin.	211,980	790		212,770
Admin.	58,351	0		58,351
Landscaping	558,060	760		558,820
Traffic	467,708	8,978		476,686
Construction	418,904	1,582		420,486
Streets	939,012	13,143		952,155
Internal Svc.	1,155,560	8,821		1,164,381
Sanitation	2,013,354	3,218		2,016,572
Police
Support Svc.	1,388,947	43,848		1,432,795
Patrol	3,197,786	7,259		3,205,045
Detective	701,365	0		701,365
Fire
Admin.	246,294	0		246,294
Suppression	2,227,705	2,554		2,230,259
Prevention	121,122	0		121,122
Parks & Rec.
Admin.	230,032	9,876		239,908
General Rec.	934,584	1,241		935,825
Parks Maint.	554,490	0		554,490
Library	1,249,066	9,596		1,258,662
Non-Dept.	2,928,809	21,631		2,950,440
TOTALS	23,216,719	237,678		23,454,39 7
PUBLIC HOUSING FUND	1,048,701	7,602		1,056,303
LANDFILL FUND	6,859,000	411,265		7,270,265
PARKING FACIL. BOND FUND	959,736	13,140		972,876
ON STREET PARKING FUND	388,500	50		388,550
TRANSPORTATION FUND
Admin.	514,973	0		514,973
Operations	3,691,914	3,232		3,695,146
Maintenance	815,306	0		815,306
Non-Dept.	961,526	0		961,526
TOTALS	5,983,719	3,232		5,986,951
CAPITAL IMPROVEMENTS FUND	503,000	326,872		829,872
		ARTICLE II
APPROPRIATIONS	CURRENT BUDGET	INCREASE	DECREASE	REVISED BUDGET
REVENUES
GENERAL FUND Fund Balance	1,035,000	237,678		1,272,678
PUBLIC HOUSING FUND Fund Balance	0	7,602		7,602
LANDFILL FUND Fund Balance	398,050	411,265		809,315
ON STREET PARKING FUND Fund Balance	0	50		50
PARKING FACILITIES BOND FUND Fund Balance	21,914	13,140		35,054
TRANS. FUND Fund Balance	849,377	3,232		852,609
CAPITAL IMPROVE. FUND Fund Balance	303,000	326,872		629,872

This the 28th day of November, 1994.

Lease of a Portion of Former Library Building

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE WITH THE CHAPEL HILL HISTORICAL SOCIETY FOR PART OF THE LOWER FLOOR OF THE OLD LIBRARY BUILDING (94-11-28/R-14)

WHEREAS, the Chapel Hill Library has vacated the Town-owned building at 523 East Franklin Street; and

WHEREAS, the Town Council has advertised for proposals to reuse the building; and

WHEREAS, the Council authorized the execution of a lease with the Chapel Hill Day Care Center for the upper floor of the building; and

WHEREAS, the Council has decided that the temporary use by the Chapel Hill Historical Society is appropriate; and

WHEREAS, the Council advertised its intent to execute this lease,

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to execute a lease with the Chapel Hill Historical Society for use of the eastern half of the lower floor, such lease to be substantially the same as that presented at the November 28 Council meeting.

BE IT FURTHER RESOLVED that the Manager is authorized to execute an addendum to the lease of the Chapel Hill Day Care Center clarifying that the Center is responsible for utility and other operating costs of the entire building even when the Society has occupied part of the lower floor.

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with the Society stipulating that the Society will provide a repositioning for Town records and archives for the Town of Chapel Hill.

This the 28th day of November, 1994.

Drug Elimination Grant

Council Member Waldorf inquired how the overtime would be used and whether any performance effectiveness measures were available. Mr. Horton responded to the Council Member's queries.

Council Member Pavão moved, seconded by Council Member Chilton, to adopt Resolution 8. The motion was adopted unanimously (9-0).

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PUBLIC HOUSING DRUG ELIMINATION PROGRAM GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (94-11-28/R-8)

WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has made funds available to public housing agencies to assist in the elimination of drug-related crime from their communities; and

WHEREAS, it is in the interest of the Town of Chapel Hill to provide drug prevention, intervention and referral to treatment programs for its residents of public housing; and

WHEREAS, the Department of Housing and Community Development's Drug Elimination Plan was approved by HUD in the amount of $92,878;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to accept the Drug Elimination Plan grant from the U.S. Department of Housing and Urban Development and to make all necessary assurances.

This the 28th day of November, 1994.

Council Member Chilton moved, seconded by Council Member Protzman, to adopt Ordinance 1. The motion was adopted unanimously (9-0).

AN ORDINANCE TO AMEND THE PUBLIC HOUSING DRUG ELIMINATION GRANT PROJECT ORDINANCE (94-11-28/O-1)

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

Section I

The project authorized is the Drug Elimination Grant as established and amended by the Council on June 8, 1992; funds are as contained in the grant agreement between the Town and by the U.S. Department of Housing and Urban Development (HUD), accepted by the Council on October 28, 1991, and as now amended for the additional award of October, 1994.

Section II

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

Section III

Revenues are amended as follows:

Current Budget Amended Budget

Drug Elimination Grant $187,000 $279,878

Section IV

Appropriations for the Project are amended as follows:

Current Budget Amended Budget

Staff Salaries $ 76,050 $101,188

Police Overtime Salaries 52,740 74,580

Security Improvements 18,000 18,000

Equipment and Supplies 6,710 17,010

Travel and Training 14,500 40,100

Scholarship Fund 10,000 10,000

Van Rental 9,000 19,000

Total $187,000 $279,878

Section V

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

Section VI

Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

Section VII

The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

Section VIII

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

This the 28th day of November, 1994.

Conversion of Vacation Leave Exceeding 30 Days to Sick Leave

Council Member Pavão requested clarification of the item's timing and purpose. Mr. Horton provided these clarifications.

Council Member Pavão moved, seconded by Council Member Chilton, to adopt Ordinance 2. The motion was adopted unanimously (9-0).

AN ORDINANCE AMENDING THE PERSONNEL ORDINANCE (94-11-28/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends Chapter 14 of the Code of Ordinances as follows:

In Section 14-73, Annual Leave - Maximum Accumulation, add the following:

Leave earned over the maximum allowed accumulation will be transferred annually to the sick leave balance of the employee on a date determined by the Town Manager, and shall be eligible to be used following the conditions specified in this Ordinance.

This the 28th day of November, 1994.

Identification of Possible Future Annexation Areas

Council Member Waldorf inquired about the earliest and latest possible annexation dates. Mr. Horton said the resolution's sole intent was to indicate potential areas for future annexation.

Council Member Waldorf moved, seconded by Council Member Pavão, to adopt Resolution 12. The motion was adopted unanimously (9-0).

A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (94-11-28/R-12)

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

SECTION 1

That pursuant to G.S. 160A-49 (i), the following described areas are identified as being under consideration for annexation by the Town of Chapel Hill, under provisions of Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Generally, the unincorporated area between Chapel Hill's existing corporate limits and the Town's Urban Services Boundary as identified on the 1986 Land Use Plan adopted by the Council on July 14, 1986.

The above-referenced areas are specifically shaded on the attached Map 1, which shall be incorporated into this resolution by reference, in accordance with N.C. General Statute 160-49(i).

SECTION 2

That a copy of this resolution shall be filed with the Town Clerk.

This the 28th day of November, 1994.

Increased Funding for Sidewalk Projects

Council Member Capowski expressed appreciation for increased funding support of sidewalk projects.

Council Member Capowski moved, seconded by Council Member Evans, to adopt Ordinance 3. 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, 1994" (94-11-28/O-3)

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, 1994" as duly adopted on June 6, 1994 be and the same is hereby amended as follows:

ARTICLE I

	Current Budget	Increase	Decrease	Revised Budget
APPROPRIATIONS GENERAL FUND Non-Departmental Transfer to Capital Improvement Fund CAPITAL IMPROVEMENTS FUND	0 403,000	100,000 100,000		100,000 503,000

ARTICLE II

REVENUES GENERAL FUND Fund Balance CAPITAL IMPROVEMENTS FUND From General Fund

935,000 0

100,000 100,000

1,035,000 100,000

This the 28th day of November, 1994.

Notice of Intent to Renew IFC Shelter Lease

Council Member Powell requested that staff follow-up on complaints about harassment of citizens near the IFC shelter.

Council Member Powell moved, seconded by Council Member Chilton, to adopt Resolution 15. The motion was adopted unanimously (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ADVERTISE A NOTICE OF THE COUNCIL'S INTENT TO EXTEND THE LEASE AGREEMENT WITH INTER-FAITH COUNCIL FOR USE OF THE PROPERTY AT 100 WEST ROSEMARY STREET AS A SHELTER FOR THE HOMELESS FOR A PERIOD OF TWO YEARS (94-11-28/R-15)

WHEREAS, the Council of the Town of Chapel Hill, on November 23, 1992, authorized the Town Manager to enter into a lease for the property at 100 West Rosemary Street for use as a shelter for the homeless; and

WHEREAS, the term of said lease was for two years, beginning on December 1, 1992, and ending on November 30, 1994; and

WHEREAS, Inter-Faith Council for Social Service, Inc., entered into a lease with the Town for the property at 100 West Rosemary Street on December 1, 1992, and has requested that the lease be renewed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to advertise a notice of the Council's intent to extend the lease agreement with Inter-Faith Council for use of the property at 100 West Rosemary Street as a shelter for the homeless for a period of two years, said agreement to contain language substantially the same as contained in the attached lease agreement.

This the 28th day of November, 1994.

There were no comments on information reports and no need for a closed session.

The meeting stood adjourned at 10:40 p.m.