MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL
TOWN COUNCIL,
MONDAY, AUGUST 28, 1995 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, Parks and
Recreation Director Mike Loveman, Fire Chief Dan Jones and Town Attorney Ralph
Karpinos.
Status Report on Flooding Incident of
August 27th and 28th
Mayor Broun called upon Mr. Horton to present
an update on activities related to the previous evening's flooding and storm
activity. Mr. Horton reported that
flooding had principally occurred in the Bolin Creek, South Estes Drive and
Umstead Drive areas. He noted that many
Town departments, Orange County departments and other local agencies had been
involved in the post-storm activities.
Mr. Horton stated that a total of twenty to thirty vehicles were damaged
or submerged in flood waters. He also noted that an estimated total of
sixty-four dwelling units in Camelot Village had received flood-related
damage. Mr. Horton said that the South
Orange Rescue Squad, Carrboro Fire Department, Duke Power Company and OWASA had
provided assistance during and after the recent storm activity. He also stated that a total of approximately
one hundred storm-related calls had been received between 6:00 p.m. Sunday
evening through 4:00 a.m. on Monday morning.
Mayor Broun thanked the Manager for his report. He also requested that staff provide a
follow-up report about the incident once area residents were able to return to
their homes.
Item 1
Ceremony: Resolution for Fiesta
del Pueblo
COUNCIL MEMBER CHILTON MOVED, SECONDED BY
COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 1.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Broun read the following resolution in
English and Spanish:
A RESOLUTION IN SUPPORT OF THE SECOND LA
FIESTA DEL PUEBLO IN CHAPEL HILL ON SEPTEMBER 9 AND 10, 1995 (95-8-28/R-1)
WHEREAS, about 150,000 Americans of Hispanic
heritage live in North Carolina; and
WHEREAS, Hispanic Americans participate in
all aspects of the economic, cultural and social life of the Chapel Hill
community; and
WHEREAS, the Latin American community richly
contributes to the cultural and social diversity which help make the Chapel
Hill community an excellent place to live; and
WHEREAS, there is a need for a greater sense
of community among all citizens including Latin American citizens, and for
increased communication with health, social services and other community
service agencies; and
WHEREAS, the Fiesta del Pueblo will include
the North Carolina Hispanic soccer league finals, Latin American dances, music,
foods, arts, crafts, sports, and children's games to be enjoyed by everyone who
attends; and
WHEREAS, last year's first Latin American
festival in Chapel Hill was very successful, attracting over 3,000 visitors;
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that the Council hereby expresses its strong support
of the second "La Fiesta del Pueblo" celebration at Lincoln Center,
Merritt Mill Road, on the weekend of September 9th and 10th, and encourages all
citizens to attend and participate in the festivities.
This the 28th day of August, 1995.
RESOLUCION AUSPICIANDO LA SEGUNDA FIESTA DEL
PUEBLO EN CHAPEL HILL SEPTIEMBRE 9 Y 10, 1995 (95-8-28/R-1)
POR CUANTO, se estima que 150,000 ciudadanos
de descendencia Hispana viven actualmente en Carolina del Norte; y
POR CUANTO, los Hispano-Americanos participan
en todos los aspectos de la vida cultural, económica y social de la comunidad
de Chapel Hill; y
POR CUANTO, la comunidad Latino Americana
contribuye en gran medida a la diversidad cultural y social que ayuda a hacer
de la comunidad de Chapel Hill un excelente lugar para vivir; y
POR CUANTO, existe la necesidad de un mayor
sentido de comunidad en la ciudadanía,
incluyendo a la ciudadanía Latino Americana, y de un incremento en la
comunicación de esta con las agencias que prestan servicios sociales, de salud
y otros; y
POR CUANTO, La Fiesta del Pueblo incluirá las
finales de la Liga Hispana de Soccer además de bailes autóctonos, comida y
música Latino Americana, arte, artesanía, deportes y juegos infantiles, de los
que todos los que asistan podrán disfrutar; y
POR CUANTO, el primer festival Latino
Americano el año pasado fué un gran éxito
y atrajo a más de 3,000 visitantes;
AHORA, POR LO TANTO, RESUELVASE POR parte del
Consejo de la Municipalidad de Chapel
Hill que este Consejo expresa su más fuerte apoyo a la celebración de la
SEGUNDA "Fiesta del Pueblo", que se llevará a cabo en el Lincoln
Center, Merritt Mill Road, durante el fin de semana del 9 y 10 de SEPTIEMBRE, e
invita a todos los ciudadanos a asistir y participar en las festividades.
En el dia 28 de Agosto, 1995.
Myrna Lopez, Secretary of the Fiesta del
Pueblo, thanked Mayor Broun, the Town Council, Town Manager and Town staff for
their support of the festival.
Item 3 Petitions
Kathy Newell, a member of Citizens Against
Quarry Expansion, said she could feel blasting activities from the quarry,
located approximately five miles from her home. Ms. Newell stated that her organization had met with Andy Sachs
of the Dispute Settlement Center to attempt to mediate concerns between
American Stone and her group. She
stated that American Stone had not presented any firm proposals about future
operations for consideration by area residents. Ms. Newell also said that several hundred persons had signed a
petition opposing the expansion of operations at the quarry or any changes in
the watershed. She suggested that OWASA
institute formal conservation measures and provide members of the public with
incentives to save money and water.
Rem Malloy, also a member of Citizens Against
Quarry Expansion, cited a definition of "watershed" from a recent PBS
documentary, to wit: "A complex,
interlocking ecological system of water, animals and biology". Mr. Malloy said disruption of any of these
interlocking interactions would be very problematic. He urged the Council to think very carefully about what the
possible quarry expansion would mean in terms of impacts on the area's natural
environment.
Erwin Danziger said he owned 131 acres of
land near the American Stone quarry operation.
Mr. Danziger expressed concern that OWASA officials had never addressed
a number of questions or publicly discussed available alternatives related to
possible expansion of the quarry operation.
He stated that the existing quarry had sufficient estimated water
holding capacity through the year 2060 or 2080. Mr. Danziger requested that local elected officials instruct
OWASA to: cancel the four-party quarry
agreement, investigate "no expansion" options and deny the request
for an exception to the land-use watershed plan.
Mayor Broun inquired about the status of the
quarry expansion request. Mr. Horton
said Orange County would notify the Town and other local government bodies when
a specific proposal was submitted.
Council Member Brown inquired about the status of the mediation
process. Mr. Horton said staff had no
current information in this regard.
Mayor Broun suggested that the Council receive and refer the petition
and request a follow-up status report from staff. Council Member Brown said she was very interested in the point
made by Ms. Newell concerning water conservation efforts by OWASA. She also requested follow-up information
about projected existing and future capacities for holding water at the
quarry. Mayor Broun said staff could
include this information in its follow-up report to the Council. Council Member Capowski said he was
interested in the status of asphalt manufacturing and future plans in this
regard.
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER BROWN, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Margaret Sachs expressed concern about
speeding automobiles in the Elliott, Kenmore and Curtis Road area. She stated that the degree of speeding
seemed to be gradually becoming worse.
Ms. Sachs requested that the Town take steps to protect the safety of
area children and other residents.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY
COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Dave Wooster, Co-Chair of the Victory Village
Day Care Center Board of Directors, requested that the Council consider
permitting the Center to use the former library building as a day care facility
on a short-term basis. He noted that
the existing Day Care Center facility was in poor repair. Mr. Wooster also said that day care board
and staff members were working on options for relocating to a permanent
facility.
Council Member Capowski inquired whether it
was correct that the Victory Village Day Care Center served 64 children and
that there were no similar day care facilities on the University campus. Mr. Wooster said this was correct.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY
COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER THE PETITION.
Council Member Capowski requested that an
item be placed on the next CCC meeting agenda concerning the need for more day
care facilities to be provided by the University. Mayor Broun said he thought it would be worthwhile to discuss
this matter at the CCC meeting. Council
Member Brown inquired when the report concerning the Museum Study Committee's
recommendations would come before the Council.
Mr. Horton said September 27th.
Council Member Brown said it would be desirable to receive a staff
response to Victory Village's request at that time. Council Member Protzman said he hoped everyone would be creative
and work hard to be satisfied with the outcome in this matter.
THE MOTION TO RECEIVE AND REFER, WITH A
REPORT BACK BY SEPTEMBER 27TH WAS ADOPTED UNANIMOUSLY (9-0).
Miles Prester said The Employment Project was
a drug and alcohol treatment program for homeless persons. Mr. Prester also said the program had been
quite successful to date and requested the Council's continued support of the
program.
Kristi Santor, representing the Student
Environmental Action Coalition (SEAC), requested the Council's support of
SEAC's 1995 National Conference, to be held in Chapel Hill from October 13th
through 15th. Ms. Santor said an
estimated 2,500 to 3,000 persons would attend the conference which hoped to
build and strengthen ties relative to environmental matters.
Ruby Sinreich said she had attended the first
SEAC national conference in 1989 while a student at UNC. Ms. Sinreich stated that the community was
very fortunate to have the SEAC headquarters in the local community (Carrboro).
Council Member Pavão noted that the developer
of the Southern Village project, D.R. Bryan, had forwarded a letter to Orange
County Manager John Link indicating that land dedicated to the Orange County
School District in the Southern Village was an outright gift, rather than land
offered in lieu of payment of impact taxes.
Expressing particular concern about extensive
traffic delays at the intersection of Raleigh Road and the NC 54 bypass,
Council Member Capowski inquired about the Town's limitations and options
relative to resolving these difficulties.
Mr. Horton said he believed direct personal contact with NCDOT
representative Gorman Gilbert would likely be the most effective way to
proceed. Council Member Evans requested
that the Mayor contact Mr. Gilbert on behalf of the Council to discuss the
matter. Mayor Broun said he would be
pleased to do so.
Noting two recent local bicycle accident
tragedies, Council Member Capowski inquired whether the Town was issuing
citations for flagrant bicycle-related safety violations, and if so, how many,
and if not, why not. Council Member
Capowski requested an information report from staff concerning ways to avoid
future bicycle accident tragedies.
Council Member Powell noted that she would
speak to Police Chief Pendergraph about other bicycle-related concerns.
Mayor Broun inquired about ways to curtail
the use of the NC 54 park and ride lot for overnight parking. Mr. Horton said staff was issuing notices to
make overnight parkers aware of the possibility of towing and other actions. He added that staff would continue to
follow-up on these concerns.
Mr. Horton requested removal of the July 5th
Council minutes from the consent agenda, for inclusion on a future consent
agenda. Mayor Broun concurred with the
request.
Item 4.1 Consent Agenda
Council Member Brown requested removal of
item b for discussion at the end of the meeting. Council Member Brown also said she had brief questions concerning
item d.
Council Member Brown requested a
clarification about the proposed role of the waste prevention program
specialist position. Solid Waste
Director Gayle Wilson said he expected this position to evolve over time,
initially focused on the corrugated cardboard ban, with expansion into waste
reduction and related program evaluation in the future. Council Member Brown inquired whether work
was continuing on efforts to identify alternatives to putting cardboard in
garbage containers. Mr. Wilson said
staff was developing additional options.
Council Member Brown said she hoped staff would examine what other
communities had done in lieu of adding program staff. Mr. Wilson said staff would do so.
COUNCIL MEMBER CHILTON MOVED, SECONDED BY
COUNCIL MEMBER WALDORF, TO ADOPT THE CONSENT AGENDA AS PRESENTED, EXCEPTING
ITEM B AND MINUTES OF THE JULY 5TH REGULAR MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND
ORDINANCES (95-8-28/R-2)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council hereby adopts the following minutes, resolutions
and ordinances as submitted by the Town Manager in regard to the following:
a. Minutes of June 12, 19, 21,
26 and July 6.
b. Additions to Town Charter
(Local legislation from the 1995 General Assembly Session (R-3).
c. Award of contract for
purchase of landfill equipment (R-4).
d. Adding two positions in
Orange Regional Landfill Fund (for recycling programs and corrugated cardboard
ban, with related budget change) (O-1 and 2).
e. Budget ordinance amendment
for September 9th workshop regarding Horace Williams and Mason Farm tracts
(O-3).
f. Correction to personnel
classification ordinance (O-4).
g. Traffic regulations for new
streets (O-5).
h. Biennial bridge inspection
agreement with State of North Carolina (R-5).
i. Second reading of WIC-Orange
telephone franchise ordinance (O-6).
j. Cable television rate change
(R-6).
k. Authorizing comments
regarding the Federal Communications Commission's proposed "social
contract" with Cablevision (R-7).
This the 28th day of August, 1995.
A RESOLUTION AWARDING A BID FOR THE PURCHASE
OF ONE CRAWLER DOZER (95-8-28/R-4)
WHEREAS, the Town of Chapel Hill solicited
formal bids by legal notice in The Chapel Hill News on July 5, 1995, in
accordance with G.S. 143-129 for a Crawler Dozer; and
WHEREAS, the following bids were received and
opened July 27, 1995:
Vendor Cost
Gregory Poole Equipment Company $316,366
Mitchell Distributing Company $379,950
North Carolina Equipment Company $333,939
NOW, THEREFORE, BE IT RESOLVED by Council of
the Town of Chapel Hill that the Town accepts the bid of Gregory Poole
Equipment Company in the amount of $316,366 for a Crawler Dozer in accordance
with G.S. 143-129.
This the 28th day of August, 1995.
AN ORDINANCE AMENDING THE POSITION CLASSIFICATION
AND PAY PLAN (95-8-28/O-1)
BE IT ORDAINED by the Council of the Town of
Chapel Hill that the Council hereby amends the "Ordinance Establishing a
Position Classification and Pay Plan and Longevity Plan for Employees of the
Town of Chapel Hill and Bonds of Officials, Beginning September 1, 1995,
(95-6-5/O-4)"
In Section IV, part C, in Solid Waste
Management (Operations) DELETE the line
Full-time Part-time GRADE
# hrs. # hrs
Landfill Inspector 1 40 - - 17
ADD the line
Full-time Part-time GRADE
# hrs. # hrs
Landfill Inspector 2 40 - - 17
In Section IV, part C, in Solid Waste
Management (Recycling) DELETE the line
Full-time Part-time GRADE
# hrs. # hrs
Recycling Specialist II 1 40 - - 23
ADD the line
Full-time Part-time GRADE
# hrs. # hrs
Recycling Specialist II 2 40 - - 23
This the 28th day of August, 1995.
AN ORDINANCE TO AMEND "THE ORDINANCE
CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR
BEGINNING JULY 1, 1995" (95-8-28/O-2)
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,
1995" as duly adopted on June 5 be
and the same is hereby amended as follows:
ARTICLE I
Current Revised
Budget Increase Decrease Budget
APPROPRIATIONS
LANDFILL FUND
Non-Departmental
Contingency $ 142,200 $116,800 $
25,400
Landfill Operations $1,992,300 $36,500 $2,028,800
Landfill Recycling
General $ 778,900 $70,200 $
849,100
Landfill Recycling
Curbside $ 421,600 $21,100 $
442,700
ARTICLE 2
REVENUES
LANDFILL FUND
Tipping Fees $3,417,500 $45,500 $3,372,000
Cardboard Sales $ 49,000 $21,000 $ 28,000
Appropriated $ 474,850 $77,500 $
552,350
Fund Balance
This the 28th day of August, 1995.
AN ORDINANCE TO AMEND "THE ORDINANCE
CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR
BEGINNING JULY 1, 1995" (95-8-28/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,
1995" as duly adopted on June 5, 1995 be and the same is hereby amended as
follows:
ARTICLE I
Current Revised
Budget Increase Decrease Budget
APPROPRIATIONS
GENERAL FUND
Non-Departmental
Contingency 111,904 (3,750) 85,154
Mayor/Council 162,456
3,750 166,206
This the 28th day of August, 1995.
AN ORDINANCE AMENDING THE POSITION
CLASSIFICATION AND PAY PLAN (95-8-28/O-4)
BE IT ORDAINED by the Council of the Town of
Chapel Hill that the Council hereby amends the "Ordinance Establishing a
Position Classification and Pay Plan and Longevity Plan for Employees of the
Town of Chapel Hill and Bonds of Officials, beginning September 1, 1995
(95-6-5/O-4)."
In Section IV, part C, in the Finance
Department DELETE the lines:
Full-time Part-time Grade
# hours # hours
Accounting Clerk 1 37.5 - - 14
Clerk - - 2 20 11
and ADD the lines
Full-time Part-time Grade
# hours # hours
Accounting Clerk 1 37.5 1 20 14
Clerk - - 1 20 11
This the 28th day of August, 1995.
AN ORDINANCE AMENDING CHAPTER 21 OF THE
CODE OF ORDINANCES (95-8-28/O-5)
BE IT ORDAINED by the Council of the Town of
Chapel Hill:
SECTION I
That Section 21-13(a) of the Town Code of
Ordinances, "right-of-way and stop regulations" is amended by
inserting the following therein, in appropriate alphabetical order:
Through Streets Stop Streets
Columbia Place Drive Clark Road
Longview Street Columbia Place Drive
McGregor Drive Duncan Court
McGregor Drive Stewart Lane
River Birch Crane Meadow
River Birch Corbin Hill
Erwin Road River Birch
Arcadia Place Ukiah Lane
Arcadia Place Millbrae Lane
Weaver Dairy Road Arcadia Place
Ukiah Lane Crowther Court
Culbreth Road Cobble Ridge Drive
Cobble Ridge Drive Crofton Springs Place
Cobble Ridge Drive Nuttree Lane
Cobble Ridge Drive Highstream Place
Cobble Ridge Drive Ivy Brook Lane
Culbreth Road Culbreth Park Drive
Culbreth Park Drive Culbreth Circle
Culbreth Park Drive Wilson Creek Road
Culbreth Park Drive Fan Branch Lane
Mt. Carmel Church Road Lombard Drive
Lombard Drive Hayworth Place
Lombard Drive Miramar Place
Oak Park Drive Lombard Drive
Oak Park Drive Windorah Place
Oak Park Drive Jolyn Place
Oak Park Drive Van Doren Place
Weaver Dairy Road Silverton Trail
Silverton Trail San Miquel Place
Silverton Trail Silver
Glade
SECTION II
That Section 21-13(c) of the Town Code of
Ordinances, "right-of-way and stop regulations" is amended by
inserting the following therein, in appropriate alphabetical order:
Intersection(s)
Columbia Place Drive/Columbia Place East/Columbia
Place West
SECTION III
That Section 21-11 (B) (2) of the Town Code
of Ordinances, "Twenty-five (25) miles per hour on the following
streets:" is amended by inserting the following therein appropriate
alphabetical order:
Columbia Place Drive Duncan Court
Columbia Place East Stewart Lane
Columbia Place West Crane Meadow
McGregor Drive Corbin Hill
Crowther Court River Birch
Cobble Ridge Drive Ukiah Lane
Crofton Springs Place Millbrae Lane
Nuttree Lane Arcadia Place
Highstream Place Fan Branch Lane
Ivy Brook Lane Lombard Drive
Culbreth Park Drive Hayworth Place
Culbreth Circle Miramar Place
Wilson Creek Road Oak Park Drive
Jolyn Place Lombard Drive
Van Doren Place Windorah Place
Silverton Trail Silver
Glade
San Miquel Place
SECTION IV
This ordinance shall become effective upon
adoption by the Town Council.
SECTION V
All ordinances and portions of ordinances in
conflict herewith are hereby repealed.
This the 28th day of August, 1995.
A RESOLUTION AUTHORIZING THE MANAGER TO
EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION FOR BRIDGE INSPECTION (95-8-28/R-5)
WHEREAS, the Town of Chapel Hill has
requested the Department of Transportation to perform certain work under the
Federal Aid Highway Bridge Replacement and Rehabilitation Program, said work to
consist of the reinspection and analysis of all public bridges on the Municipal
Street System in the Town of Chapel Hill; and
WHEREAS, the Town of Chapel Hill propose to
enter into an agreement with North Carolina Department of Transportation for
said work wherein the Department of Transportation will reinspect and prepare
the necessary reports for all public bridges on the Municipal Street System in
accordance with National Bridge Inspection Standards; and
WHEREAS, under the proposed agreement the
Federal Highway Administration shall reimburse the Department of Transportation
for eighty (80%) percent of the cost of the work subject to compliance with all
applicable federal policy and procedural rules and regulations; and
WHEREAS, under the proposed agreement the
Town of Chapel Hill shall reimburse the Department of Transportation for all
costs of the work incurred by the Department of Transportation not paid by the
Federal Highway Administration;
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that the agreement for the here-in-above referenced
bridge inspection work is hereby formally approved by the Council and the
Manager of this Municipality is hereby empowered to sign and execute the
required agreement between the Town of Chapel Hill and the Department of
Transportation.
This the 28th day of August, 1995.
AN ORDINANCE GRANTING A FRANCHISE TO
WIC-ORANGE TO PROVIDE TELEPHONE SERVICES IN THE TOWN OF CHAPEL HILL
(95-8-28/O-6)
BE IT ORDAINED by the Council of the Town of
Chapel Hill that the Council hereby grants a franchise to WIC-Orange, Inc.,
owned by Eugene K. Wannenburg, to operate a telephone franchise in the Town
subject to the following conditions:
Scope of Services
The company may provide local and long
distance telephone services. This franchise does not authorize the company to
provide cable television services, for which a separate franchise could be
requested.
Approval of Locations; Compliance with
Downtown Streetscape Plan
Present and future locations of additional
equipment shall be subject to approval by the Town Manager as to conformity
with the Streetscape Plan and other relevant policies and plans which have been
or may be adopted by the Council, including the Town's obligation under State
law to maintain safe access in sidewalk and street areas.
Relocation of Equipment
Because the Town is planning to undertake
improvements in public sidewalk and street areas of the downtown, the present
and future locations of the company's equipment shall be subject upon 60 days'
written notice by the Town to removal or relocation at the company's sole
expense to other place(s) satisfactory to the Town Manager.
Removal or relocation may also be required by
the Town due to street or utility improvements in general, due to public health
and safety problems upon a determination by the Town or for other just and
reasonable cause as may be determined by the Town. Upon a determination of an
emergency need to remove equipment, such removal shall occur within the time
period determined reasonably necessary by the Town.
Outgoing Calls
The company may be required at the direction
of the Town Manager to restrict telephone equipment to outgoing calls only or
to terminate service at a given location(s) if the Manager determines that and
notifies the company in writing that such a restriction or termination is
necessary to protect the public health, safety and welfare.
Disturbance of Property Within a
Right-of-Way; Inspections
Any disturbance of property within or
affecting the public right-of-way, as may be necessary for the installation
and/or connection of said phone services, must receive prior approval of the
Town Manager or Manager's designee and shall be subject to inspection and
approval by the Town.
Color and Appearance of Equipment
The color and other external appearance
aspects of the company's equipment in public right of-way, including the
present equipment, shall be subject to approval by the Appearance Commission or
the Historic District Commission as appropriate.
Term of Franchise
The term of the franchise shall be five years
from acceptance by the franchisee, with the possibility of renewal at the end
of five years subject to filing of a renewal application at least six months
before the franchise expiration.
Letter of Credit
The company shall maintain a letter of credit
in the amount of $500 per telephone, with the required amount to be replenished
as necessary to maintain the required balance at all times to ensure compliance
with all applicable State or local laws, ordinances and regulations and
directives of the Town, with terms of the franchise and to ensure payment of
all applicable fees and taxes due to the Town.
Insurance and Indemnification of the Town
The company shall maintain general liability
insurance naming the Town as an additional insured party and in a form
satisfactory to the Manager. General liability coverage shall be in the amount
of at least $500,000.
The company shall be required, by acceptance
of the terms and conditions of this franchise, to indemnify the Town from all
damages which may arise in connection with the company's actions and omissions
and to defend the Town at the company's sole expense against any claims in
connection with the company's actions and omissions.
Compliance With All Applicable Laws,
Ordinances and Regulations
The company shall comply with Town
ordinances, construction codes, other policies adopted by the Council,
administrative regulations issued pursuant to Council action or policy, with
directives of the Town which may be issued under the franchise ordinance terms
or general law and with all applicable State and federal laws and regulations,
including any requirement for State right-of-way encroachment agreements, etc.
Failure to comply shall be grounds for revoking the franchise.
Acceptance of Franchise Terms
The company shall within 120 days of adoption
of the franchise ordinance on second reading accept all terms and conditions of
the franchise ordinance.
Revocation Procedure
If the franchise is revoked by the Council
for failure to comply with any term or condition of this franchise, the company
shall cease operations within 30 days of receiving notice of revocation and
remove its equipment from public rights-of-way within 90 days. Upon the
company's failure to do so, the Town shall have the right to remove the
equipment and to draw funds from the letter of credit to cover such costs.
Before a decision to revoke the franchise,
the Council shall adopt a resolution of intent to revoke the franchise with a statement
of the reasons for revocation and shall cause a copy of the resolution to be
delivered or mailed by first class mail to the company. The company shall have
30 days from receipt of the resolution to respond in writing to the Council's
resolution of intent to revoke.
Transfer of Ownership
A change or changes in ownership of the
WIC-Orange company cumulatively totalling a 10% or greater interest in the
company shall be subject to approval by the Town Council within 120 days of
receipt by the Town Manager of a request from the company for approval of such
a change(s) in ownership.
This the 10th day of April, 1995. (First
reading)
This the 28th day of August, 1995. (Second
reading).
A RESOLUTION ADOPTING AN ORDER REGARDING
CERTAIN CABLE TELEVISION RATES UNDER FEDERAL REGULATIONS (95-8-28/R-6)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council adopts the rate order as submitted to the Council
by the Town Manager on August 28, 1995 and as prepared by the City of Raleigh
staff in a report dated July 28, 1995 regarding the basic service rate.
This the 28th day of August, 1995.
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT
COMMENTS TO THE FEDERAL COMMUNICATIONS COMMISSION ON BEHALF OF THE TOWN COUNCIL
OF CHAPEL HILL REGARDING THE PROPOSED SOCIAL CONTRACT WITH TIME WARNER CABLE
(95-8-28/R-7)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council authorizes the Mayor to submit the following
comments to the Federal Communications Commission regarding the proposed
"social contract" between the Federal Communications Commission and
Time Warner Cable:
* Proposal: Cablevision would offer basic service on a
"lifeline" basis including only local television stations and public,
educational and government "access" channels for non-commercial use
by citizens, schools and governments; and would reduce basic service rates by
10% with corresponding increases in other rates.
Comments: A
10% reduction in basic rates would be helpful to about 900 Chapel Hill
subscribers who choose only basic service (now 12 channels in Chapel Hill).
Other subscribers (about 10,000 in Chapel Hill) would have no net reduction.
* Proposal: Standard service rates would not increase by
more than $1 per year.
Comment: The
proposal is unclear on whether the $1 per increase cap on increases would apply
to or not apply to increases to offset reductions in the basic rate.
* Proposal: Rates will be adjusted once a year.
Comment:
Current federal rate rules allow quarterly adjustments in basic, tier
and standard service. Annual
adjustments may be less confusing for consumers and could require less cost for
the cable company, the Commission and local governments in rate reviews and
filings.
* Proposal: Monthly rates for converter boxes, remote
controls and installation fees will be set on a blended, regional basis
(apparently State-wide in North Carolina).
Comment:
This would also streamline the present process for review of these
rates.
* Proposal: Time Warner Cable would not to submit rate
requests on a "cost of service" basis, which would be significantly
more complex and costly to review than the "benchmark" rate filings
submitted to date in Chapel Hill.
* Proposal: Each public school will receive (1) standard
cable service at no cost for one outlet per school now passed by a Cablevision
system, (2) a free connection including one modem for a computer service to be
offered by Cablevision, and (3) training and instructional materials regarding
the Time Warner computer and cable services available to schools. Internal
wiring within the schools would be done at cost.
Comment:
Free standard service at one or more outlets in public buildings is a
common practice in the cable industry. We believe the computer service to
schools has potential benefits to schools.
* Proposal: Cablevision systems will be rebuilt with
fiber optic technology over the next five years.
Comment: We
believe Time Warner Cable desires in most markets to upgrade its services and
plant with fiber optic cable because these enhancements are in the company's
interest and consistent with business objectives of providing telephone and
other services.
General Comments
The services to public schools, lifeline
basic service, reduction in basic service rate and the change to annual
adjustment of regulated rates would benefit at least to some consumers and
citizens.
The simplification of the rate review process
would benefit local governments.
Some items in the proposal appear to reflect
current practice and business strategies.
This the 28th day of August, 1995.
There were no comments or questions
concerning information reports.
Item 5 Hargraves Center Gymnasium
Parks and Recreation Center Director Mike
Loveman presented an overview of the concept plan for the Hargraves Center
gymnasium. He stated that the Council
had allocated $800,000 for construction of the gymnasium facility in June,
1994. Mr. Loveman stated that the
revised estimate for the project was $1,035,000. He also noted that staff was recommending expedited review of the
project, with construction completion anticipated by the Spring of 1998.
Dan Costa, representing the Parks &
Recreation Commission, and Chair of the Hargraves Design Committee, thanked the
Design Committee members for all of their assistance in review of the concept
plan. He said it was important for the
Council to adopt the proposed concept plan as soon as possible. Mr. Costa said the community needed this
facility, especially to increase outreach to young persons. He encouraged the Council to act positively
on the proposed concept plan.
COUNCIL MEMBER POWELL MOVED, SECONDED BY
COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 8.
Council Member Pavao inquired whether it was
correct that the project would take until 1998 to complete. Mr. Horton said this was correct, even in
light of proposed expedited review for the project.
Council Member Capowski asked whether it was
correct that the proposed gymnasium was not air conditioned. Mr. Loveman said this was correct. He stated that a chiller system, intended to
keep the facility temperature at a maximum of about ninety degrees was
proposed. Council Member Capowski asked
whether it was Mr. Loveman's professional opinion that such a system was
feasible. Mr. Loveman said yes. Noting that bids for the proposed project would
not take place until the end of 1996, Council Member Capowski inquired whether
staff felt that projected cost estimates would be accurate at that time. Mr. Horton said yes, noting that the project
architect's estimates were quite conservative.
Council Member Waldorf said the proposal was
a good cost-effective one. She
requested a clarification of the intent of the proposed moveable fence on the
Hargraves Park ball fields. Mr. Loveman
said this would facilitate emergency vehicle access.
RESOLUTION 8 WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING THE CONCEPTUAL PLAN,
AUTHORIZING THE CONTINUATION OF THE SPECIAL USE PERMIT APPLICATION PROCESS, AND
APPROVING EXPEDITED REVIEW OF THIS APPLICATION FOR THE HARGRAVES GYMNASIUM
PROJECT (95-8-28/R-8)
WHEREAS, the Council has allocated $800,000
from 1989 Parks and Open Space Bond funds for the design and development of the
Hargraves Gymnasium, and;
WHEREAS, a conceptual plan has been developed
which addresses the issues of building and site design, a proposed budget and
additional funding sources, and a proposed development schedule for this
project, and;
WHEREAS, the Hargraves Gymnasium Design
Committee, the Parks and Recreation Commission, and the Town Manager recommend
approval of the conceptual plan, the continuation of the Special Use Permit
application process, and expedited review for this application;
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that the Council hereby authorizes the continuation
of the Special Use Permit Application process and approves the revised budget
for the Hargraves Gymnasium pursuant to the conceptual plan for this project as
presented to the Council on August 28, 1995.
BE IT FURTHER RESOLVED that the Council
hereby authorizes expedited review for the Special Use Permit Application for
this project.
This the 28th of August, 1995.
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 7A.
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, 1995" (95-8-28/O-7a)
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,
1995" as duly adopted on June 5 be
and the same is hereby amended as follows:
ARTICLE I
Current Revised
Budget Increase Decrease Budget
APPROPRIATIONS
GENERAL FUND
Non-Departmental
Transfer to Parks and
Open
Space Bond
Fund
0 $106,000 $106,000
REVENUES
GENERAL FUND
Fund
Balance $800,000 $106,000 $906,000
This the 28th day of August, 1995.
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 7B.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO AMEND THE CAPITAL PROJECT
ORDINANCE FOR PARKS AND RECREATIONAL FACILITIES (95-8-28/O-7b)
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, that the capital project ordinance established for
Parks and Recreational Facilities in 1986 and amended in 1989 is hereby amended
as follows:
SECTION I
The capital project, as authorized by bond
referenda approved in November 1986 and November 1989, includes the capital
costs of providing parks and recreational facilities within and without the
corporate limits of the Town, including the acquisition and development of land
for community and neighborhood parks, entranceways, greenways, and open spaces.
SECTION II
The Manager of the Town of Chapel Hill is
hereby directed to proceed with the implementation of the project within the
terms of the bond authorization, and within the funds appropriated herein.
SECTION III
Revenues anticipated to be available to the
Town to complete the project are amended as follows:
Current Budget Revised
Budget
Bond Proceeds $7,500,000 $7,500,000
State Grant 240,000 240,000
Interest on Bond Proceeds 0 129,000
Transfer from General Fund 0 106,000
SECTION
IV
Total amounts appropriated for the project
are amended as follows:
Current Budget Revised
Budget
Parks and Recreational $7,740,000
$7,975,000
Facilities (including
open
space)
SECTION
V
The Manager is directed to report annually on
the financial status of the project in an informational section to be included
in the Annual Budget. He shall also
keep the Council informed of any unusual occurrences.
SECTION
VI
Copies of this project ordinance shall be
entered into the Minutes of the Council and copies shall be filed within five
days of adoption with the Manager, Finance Director and Clerk.
This the 28th day of August, 1995.
Item
6 Gun Sculpture Proposal
Nancy Preston, representing the Town's Public
Arts Commission, said she was very excited about the proposed gun sculpture
project. Ms. Preston said the project
being proposed by artist Thomas Sayre was thought-provoking, powerful and
simple yet elegant. She also requested
the Council's support of the proposed project.
Joe Rowand of the Arts Commission presented
an overview of the activities of the Gun Sculpture Committee in selecting an
artist for the proposed sculpture project.
Mr. Rowand said the Gun Sculpture Committee was about one-half of the
way to its fundraising goal.
Thomas Sayre, the artist for the proposed gun
sculptures, said the site of the pieces was inseparable from the pieces
themselves. Mr. Sayre said it would
take approximately fifteen minutes for a person walking at a standard pace to
visit all parts of the proposed sculpture.
He stated that the sculpture would consist of a series of benches or
seats, with gun pieces buried in the footing of individual sculptures. Mr. Sayre also stated that the height of
individual chair backs would be determined by the projected trajectory of a
bullet travelling 621 yards, the proposed distance between the first and last
sculpture pieces.
Noting that the project proposal referred to a
"ricocheting" effect of the proposed piece, Council Member Evans
asked whether it was correct that the sculpture pieces would not be
perpendicular to Franklin Street. Mr.
Sayre said the piece would generally have a perpendicular orientation to
Franklin Street. Council Member Evans
asked whether there had been any discussions with NCDOT officials about the use
of right-of-way for the proposed sculpture.
Mr. Sayre said Town planning staff did not foresee any major
difficulties in this regard. Stating that
many citizens had not heard about the gun sculpture proposal, Council Member
Evans said she favored receiving additional public feedback on the matter. She said it was very important for the
Council to receive public comment on the proposal.
Council Member Protzman said he believed that
the proposed sculpture was an extraordinary piece which had the potential for
world-wide recognition. He commended
the Public Arts Commission for doing a phenomenal job of disseminating
information to the public about the proposed gun sculpture project. Council Member Protzman said he strongly
urged the Council to move ahead on approval of the matter this evening. He also stated that the project was art in
a rare and wonderful form which was both daring and worth its weight in
salt. Council Member Protzman also said
that there was a broad and eclectic group of persons who supported the project
proposal.
Council Member Capowski said although the
Council might be going out on a limb to support the proposal, he would support
the proposed project. Council Member
Protzman stated the project was privately funded, with the Commission only
requesting some in-kind services from the Town.
COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY
COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 9.
Mayor Broun said although he concurred with
Council Member Protzman's view with regard to the quality of the proposed piece
and the hard work of the Arts Commission, he was a little bit uncomfortable
with proceeding on the matter without one last opportunity for public
input. Council Member Brown said she
concurred about the importance of providing an opportunity for additional
public comment. Council Member Chilton
inquired when the matter could reasonably come back before the Council. Mr. Horton said this could be scheduled as
the Council wished. Council Member
Pavao inquired about the possibility of displaying a prototype of the proposed
sculpture. Mayor Broun said the Public
Arts Commission could attempt to facilitate this arrangement. Council Member Pavao said any piece of
public art was likely to have a certain level of controversy. He also stated that the project was a
well-planned one which he would support.
Council Member Brown said although she
personally liked the project, she also thought it was very important to have an
adequate process to receive public comments.
Mr. Sayre said the proposed project was a
fairly unique one which had received a good deal of general and fiscal support
by the public. He also said there was a
great deal of agreement about the subject matter of the proposed piece: "violence is here and we need to do
something about it".
Council Member Powell said although she had
initially experienced uncomfortable personal feelings about the proposed sculpture,
she had been able to worked these feelings through quite quickly. She inquired whether the Council was also
being asked to consider final locations for the proposed sculpture this
evening. Nancy Preston said there was
some flexibility in determining specific locations for siting individual
pieces. Mr. Sayre said that testing out
of sites needed to occur for linkages between proposed sculptures.
Council Member Brown said a serious problem
in society today was that some citizens felt alienated from their
governments. She stated that it was
important to allow people to address issues of local concern in a democratic
manner.
Council Member Protzman said the Council was
operating in a democratic manner, with the Council being elected by citizens to
serve as their representatives. Council
Member Protzman said the proposed project was an extraordinary and very
important one. He suggested that the
Council act on the proposal this evening.
Noting that some sculptures on the University
campus were over one hundred years old, Council Member Evans said it was
important for the Council to recognize that street sculptures fit in with the
Town's overall Streetscape plan. Noting
that the Gun Sculpture Committee of the Public Arts Commission had worked very
hard to bring the project to this point, Council Member Evans said it was
important for the Council to hear what the public had to say about the
proposal. She inquired about the height
of the tallest proposed sculpture. Mr.
Sayre said the tallest one would be twelve feet high, with other sculptures
measuring seven, five and three feet high, to fit in with existing Streetscape
features.
Council Member Powell inquired how additional
public input could be elicited. Council
Member Brown suggested that the item be carried over to the next regular
business meeting for this purpose.
Noting that she very much liked the proposed
sculptures, Council Member Waldorf suggested that the Council either proceed
with the matter this evening or table consideration to a future meeting.
COUNCIL MEMBER BROWN MOVED, SECONDED BY
COUNCIL MEMBER EVANS, TO TABLE THE MATTER TO THE NEXT REGULAR BUSINESS MEETING
OF THE TOWN COUNCIL (MONDAY, SEPTEMBER 11TH).
THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS BROWN AND EVANS
AND MAYOR BROUN VOTING AYE.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY
COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 9. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION EXPRESSING THE SUPPORT OF THE
TOWN COUNCIL FOR THE PUBLIC ARTS COMMISSION'S GUN SCULPTURE PROJECT
(95-8-28/R-9)
WHEREAS, the Public Arts Commission, with the
support of the Buy Back the Hill Committee, has developed a gun sculpture
project; and
WHEREAS, the Public Arts Commission is in the
process of raising the funds needed for the sculpture and its installation and
an accompanying community education program; and
WHEREAS, the Pubic Arts Commission has
requested general Town support, as well as in-kind assistance in the
installation of the five pieces on Franklin Street;
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that the Manager is authorized to work with the
Department of Transportation to execute an encroachment agreement for the five
pieces of sculpture, to work with the artist's engineer to have the pieces
installed, and to assist with the acceptance of donations for the project.
This the 28th day of August, 1995.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY
COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REQUESTING AN ENCROACHMENT
AGREEMENT FROM THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR THE
INSTALLATION OF PUBLIC ART ALONG FRANKLIN STREET (95-8-28/R-10)
WHEREAS, the community of Chapel Hill has
recently experienced episodes of gun violence that resulted in the death of
local citizens; and
WHEREAS, the citizens have responded in many
ways to these tragedies, including developing a public sculpture project
entitled "621 yards/.69 seconds"; and
WHEREAS, this sculpture is comprised of a
series of five separate pieces intended to be installed along Franklin Street
between the Post Office and a point close to the McDonald's Restaurant, each
spot close to the locations of these tragedies;
NOW, THEREFORE, BE IT RESOLVED that the
Council of the Town of Chapel Hill hereby respectfully requests that the North
Carolina Department of Transportation execute an encroachment agreement that
would allow the installation of this community project.
This the 28th day of August, 1995.
Item
7 UNC/UNC Hospitals Funding of Fire
Truck & Equipment
Fire Chief Dan Jones said the two resolutions
before the Council this evening would express the Council's appreciation to the
University and University Hospitals for funding of new fire apparatus and
authorize a process for seeking bids for new fire equipment. He noted that any funds remaining after the
purchase of a pumper truck and related equipment would be used to pay for an
emergency electrical generator.
Council Member Evans inquired about the
possibility of using funds to rehabilitate existing fire trucks. Chief Jones noted that rehabilitation work
had recently been completed on a fire truck purchased by the Town in 1988. He noted that there was divergent opinion
about the utility of completely rehabilitating fire trucks. Chief Jones stated that fire truck
rehabilitation projects could cost about $200,000 and add five to ten years of
service life to a typical truck. He
also said the practice of rehabilitation was debatable both ways (negative and
positive).
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION OF APPRECIATION TO THE
UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL AND UNC HOSPITALS FOR CONTRIBUTIONS
TO THE TOWN'S COST OF BUYING A LADDER TOWER FIRE TRUCK IN 1993 TO PROTECT
UNIVERSITY, HOSPITAL AND OTHER PROPERTY (95-8-28/R-11)
WHEREAS, the University of North Carolina,
UNC Hospitals and the Town of Chapel Hill exist to serve citizens of the State
and the Town respectively; and
WHEREAS, by working together to address
shared needs, the University, UNC Hospitals and the Town can best serve the
citizens; and
WHEREAS, in the spirit of cooperation, the
University and UNC Hospitals have agreed to provide $300,000 over three years
to help with the cost a ladder tower fire truck purchased by the Town in 1993
for fire protection services to properties including the University and UNC
Hospitals;
NOW, THEREFORE, BE IT RESOLVED by the Mayor
and Town Council of the Town of Chapel Hill that the Mayor and Council hereby
express their deep appreciation to the University and UNC Hospitals for their
commitment to contribute funds toward the cost of the ladder tower truck
purchased in 1993.
BE IT FURTHER RESOLVED that the Mayor is
authorized to provide this resolution to the University and UNC Hospitals with
the Council's thanks.
This the 28th day of August, 1995.
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 12.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
REQUEST BIDS FOR LEASE/PURCHASE OF FIRE PROTECTION EQUIPMENT (95-8-28/R-12)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council hereby authorizes the Manager to seek bids for a
pumper truck, an emergency generator and other equipment to the extent funds
are available and appropriated, for lease/purchase of such equipment subject to
future action of the Council to accept bids and award contract(s).
This the 28th day of August, 1995.
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER POWELL, TO ADOPT ORDINANCE 8.
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, 1995 (95-8-28/O-8)
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,
1995" as duly adopted on June 5, be and the same is hereby amended as
follows:
ARTICLE I
Current Revised
Budget Increase Decrease Budget
APPROPRIATIONS
GENERAL FUND
Non-Departmental
Transfer to CIP 425,000 100,000 525,000
CAPITAL IMPROVEMENT 591,178 100,000 691,178
FUND
ARTICLE
II
REVENUES
GENERAL FUND
Other Revenues 118,200 100,000 218,000
CAPITAL IMPROVE-
MENT FUND
Transfer from 125,000 100,000 225,000
General Fund
This the 28th day of August, 1995.
Item
8 Local Legislation of Cellular
Communication Towers
Council Member Capowski said the resolution
before the Council this evening would convey the desirability of having direct
local determination of siting for cellular communication towers.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY
COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 13.
Council Member Chilton expressed his
appreciation to Council Member Capowski for bringing the matter to the
Council's attention.
Noting that he had a good deal of involvement
with cellular communications in his business person capacity, Council Member
Protzman said he had read the proposed bills and believed they constrained
local governments in terms of approval of cellular towers, excepting the areas
of health and safety. He stated that
there was no evidence of health risks associated with cellular communications
towers. Council Member Protzman said he
would support the proposed resolution.
THE MOTION TO ADOPT RESOLUTION 13 WAS ADOPTED
UNANIMOUSLY (9-0).
A RESOLUTION EXPRESSING OPPOSITION TO FEDERAL
PRE-EMPTION OF LOCAL GOVERNMENT AUTHORITY TO REGULATE CELLULAR COMMUNICATIONS
TOWERS (95-8-28/R-13)
WHEREAS, the availability of cellular
telephone service and other forms of telecommunication is important to both
residents and business in every community and local elected officials know that
best from their daily contacts with citizens; and
WHEREAS, the location and placement of
cellular and other telecommunications antennae have an effect on community
appearance, health and safety concerns and property values that local elected
officials also know best from their daily contacts with citizens; and
WHEREAS, each community is unique and has its
own standards for balancing appearance, aesthetics and protection of property
values with the need for telecommunications; and
WHEREAS, it is crucial that control of real
estate development, including antennae, remain under local control with
decisions made by local elected officials who know the locality the best, and
are the elected officials most readily accessible to local citizens; and
WHEREAS, the location of freestanding
antennae structures of all types has traditionally been subject to local
government regulation in order to protect the public from harm, hardship and
reduction of property values; and
WHEREAS, other public utility structures are
subject to local government regulation to protect citizens; and
WHEREAS, local governments in the Research
Triangle Area of North Carolina have been updating their Ordinances with regard
to telecommunications antennae, attempting to balance the needs of the industry
with the concerns of citizens; and
WHEREAS, House Bill 1555 concerning
telecommunications legislation, containing language which pre-empts local
governments from regulating telecommunications towers, has been passed and sent
to a conference committee; and
WHEREAS, the Senate version of the Bill does
not contain pre-emption language; and
WHEREAS, the Federal Communications
Commission (FCC) will also hear a petition on this issue;
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that:
1. We
are strongly opposed to any legislation from the U.S. Congress that pre-empts
local government authority to regulate the placement, height, and appearance of
telecommunications antennae.
2. We
are strongly opposed to any regulatory action by the Federal Communications
Commission (FCC) to pre-empt local government authority to regulate the
placement, height and appearance of telecommunications antennae.
3. This
position be communicated to all appropriate members of Congress, to the federal
Communications Commission, the appropriate organizations representing the
interests of local governments in legislative and regulatory matters, and the
media.
This the 28th day of August, 1995.
Item
9 Resolution Endorsing SEAC National
Conference
Council Member Chilton said the resolution
before the Council would endorse the concept of the SEAC (Student Environmental
Action Coalition) Conference and its goals.
He stated that the group had been founded in 1988. Council Member Chilton also said past and
present Council Members had attended the 1989 SEAC Conference, held in Chapel
Hill.
COUNCIL MEMBER CHILTON MOVED, SECONDED BY
COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 14.
Noting that she had attended the 1989 SEAC
conference, Council Member Brown asked whether all sessions would be open to
the public once again. Council Member
Chilton said all sessions would be open to the public for a small registration
fee.
RESOLUTION 14 WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ENDORSING THE STUDENT
ENVIRONMENTAL ACTION COALITION'S NATIONAL CONFERENCE FROM OCTOBER 13-15, 1995
IN CHAPEL HILL (95-8-28/R-14)
WHEREAS, the Chapel Hill community has a
tradition of strong values regarding the need for clean air and water and
regarding the preservation of natural landscapes as embodied in the Town's
comprehensive plan; and
WHEREAS, the Student Environmental Action
Coalition is a national organization which students at the University of North
Carolina at Chapel Hill founded in 1989; and
WHEREAS, the Chapel Hill Chapter will sponsor
the 1995 national conference of the Student Environmental Action Coalition from
October 13-15th;
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that the Council hereby endorses the Student
Environmental Action Coalition's 1995 national conference in Chapel Hill and
expresses its appreciation to the Chapel Hill Chapter of the Coalition for
sponsoring the conference here.
This the 28th day of August, 1995.
Item
10 Interim Report of UNC-Chapel Hill
Planning Panel
Council Member Waldorf stated that the
interim report before the Council this evening incorporated suggestions from
citizens. She provided an overview of
the report, noting that the report:
tried to articulate the desirability of mixed uses, added housing as an
important element of mixed-use development, detailed that commercial uses
should be related to other uses and underscored the value placed on appearance
and neighborhood protection. Council
Member Waldorf said she hoped the Council would adopt the proposed resolution,
authorizing forwarding of comments to the UNC-Chapel Hill Planning Panel for
its September 21st meeting. She noted
that the period from late September to late November would provide a good
opportunity for receiving additional public comments.
Dan Coleman expressed concerned that he had
only learned earlier in the day that this item was on this evening's Council
agenda. Mr. Coleman said he was glad to
hear Ms. Waldorf's suggestion about holding a public hearing on the proposed
plan some time during the next few months.
He also stated that it was very important to involve the public
throughout the process. Mr. Coleman
urged the Council to table the matter until the next regular business meeting.
Council Member Chilton said it might be a
good idea to carry the item over to the September 11th meeting. Council Member Waldorf said if this was the
general sense of the Council, the matter could be carried over to the September
11th meeting.
Noting that she currently served on the Water
Resources Committee of the Triangle J Council of Governments Board, Council
Member Evans said it was important to address possible uses of "reclaimed
water" for landscaping, golf course watering and other uses in the
Planning Panel's report.
Council Member Brown noted that OWASA was
looking into the possible uses of reclaimed water, especially in relation to
the Mason Farm treatment facility. She
stated that the concerns expressed by Mr. Coleman were valid ones. Council Member Brown said it was important
for citizens to receive adequate notification of items on the Council agenda,
so that they could have sufficient time to prepare responses and comments. She also requested that the Planning Panel
go back and reexamine its charge concerning community goals and interests. Stating that the Planning Panel had done a
good and diligent job, Council Member Brown also said that the Planning Board
should also be brought into the planning process for the Mason Farm and Horace
Williams tracts.
Referencing the first item on page thirteen
of the report, Council Member Capowski said he believed any development by a
third party should be revenue positive to the Town, rather than revenue neutral
or positive. Mayor Broun said although
it was desirable to aim for positive revenues, many development projects tended
to be revenue neutral. Council Member
Capowski said he would support the proposed language. Referencing page three of the report, Council Member Capowski
said he favored having "no significant patient care facilities" on
either of the tracts. Council Member
Waldorf said she believed this concern was addressed on page two of the
report's recommendations. Council
Member Capowski said he believed that this did not address the matter of major
medical facilities.
Council Member Pavão said the Committee had
reviewed the proposed report line by line.
He also stated that the public was notified of Committee and Panel
meetings, which were all open to the public.
Council Member Pavao suggested that the Town and Carrboro Transportation
Boards hold a joint meeting after the JJ&R meeting to discuss
transportation plans relative to overall Horace Williams and Mason Farm tracts
planning process. Mayor Broun noted
that this mater could be handled at the Council's September 11th meeting.
Council Member Brown said she believed that
wider public notification was generally provided for public hearings and forums
than was given for committee meetings.
Council Member Waldorf said the Planning
Panel was hoping that the Council would make any suggested changes to the
interim report and forwarded them to JJ&R prior to the September 21st
meeting. Mayor Broun inquired whether it
was practical for the matter to be carried over to the September 11th
meeting. Stating that the most recent
document did not differ very much from the document presented at the April
public forum, Council Member Waldorf said a public forum could be held on the
matter if the Council wished to do so.
Council Member Chilton said any changes proposed at the September 11th
Council meeting could be forwarded to JJ&R following the meeting. Stating that the proposed document was very
similar to the April document, Council Member Protzman said he would be very
surprised if any major revisions to the document were suggested. Council Member Brown said she did not
believe that all of her personal concerns and suggestions were incorporated
into the new draft of the document. She
also said it was very important to provide considerable opportunities for
public comment.
Mayor Broun inquired whether it would be
acceptable to place the item on the Council's September 11th agenda. Council Member Waldorf said if this was the
wish of the Council. She also noted that
a public forum to receive comments would be needed sometime between September
11th and late November. Mayor Broun
suggested that the item be placed on the Council's September 11th agenda.
Council Member Brown reiterated her earlier
statement about the importance of incorporating citizen suggestions into the
proposed planning document.
Stating that the timing of items was
unfortunate, Council Member Chilton said he was not sure what the Council could
do other than to place the item on the September 11th agenda.
Council Member Waldorf said the Council could
take public comments on September 11th and possibly act on the matter. She noted that the Council Committee would
find it very helpful to discuss the Planning Panel report's recommendations in
greater detail.
Stating that others might disagree, Mayor
Broun said he believed that the panel's process had been full and public. Noting the importance of moving ahead with
the substance of the matter in a timely manner, Mayor Broun suggested that the
item be placed on the Council's September 11th agenda.
Council Member Protzman said although some
fine-tuning needed to occur, he was generally pleased with the report.
Mayor Broun noted that it was the consensus
of the Council to place the item on the next regular business meeting,
September 11th.
Item
10 Proposed Meeting Calendar
Council Member Evans noted that a Triangle J
Council of Governments meeting was scheduled for Wednesday, September 27th, the
same date as a suggested Council meeting date.
Council Member Chilton stated that a Council meeting was planned for May
6, 1996, the evening prior to the Republican and Democratic primaries in North
Carolina.
COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY
COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 15.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING A CALENDAR OF COUNCIL
MEETINGS THROUGH DECEMBER, 1996 (95-8-28/R-15)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council hereby adopts the attached calendar of Council
meetings as submitted on August 28, 1995.
This the 28th day of August, 1995.
Town
Council Meetings, August, 1995 - December, 1996
|
Month |
Day of week |
Date |
Type of Meeting |
Notes on time, Potential Topics for Meeting |
|
August |
|
|
|
|
|
|
Saturday |
26 |
Planning Session |
8:30 a.m.; Library |
|
|
Monday |
28 |
Business |
|
|
|
Wednesday |
30 |
Work Session |
5:30 p.m. Proposed Northwest Small Area
Plan |
|
September |
|
|
|
|
|
|
Monday |
4 |
|
Labor Day |
|
|
Saturday |
9 |
Work Session |
Planning for Horace Williams and Mason Farm
Tracts; 8:30 a.m., Friday Center |
|
|
Monday |
11 |
Business |
|
|
|
Monday |
18 |
Hearing |
|
|
|
Monday & Tuesday |
25-26 |
|
Rosh Hashanah |
|
|
Wednesday |
27 |
Business |
Wednesday (proposed change from Tuesday
the 26th) |
|
October |
|
|
|
|
|
|
Monday |
2 |
|
Available for Work Session |
|
|
Wednesday |
4 |
|
Yom Kippur |
|
|
Thursday & Friday |
5-6 |
|
UNC Fall Break |
|
|
Monday |
9 |
Business |
Columbus Day (Federal holiday; not a Town
holiday) |
|
|
Wednesday |
11 |
Joint Planning Hearing |
Wednesday; location to be determined |
|
|
Thursday |
12 |
|
University Day |
|
|
Sunday-Tuesday |
15-17 |
|
NC League of Municipalities' Annual
Meeting, Durham |
|
|
Wednesday |
18 |
Hearing |
|
|
|
Monday |
23 |
Business |
Annexation Options Report |
|
November |
|
|
|
|
|
|
Tuesday |
7 |
|
Election Day |
|
|
Saturday |
11 |
|
Veterans' Day (not a Town holiday; Federal
holiday) |
|
|
Monday |
13 |
Business |
|
|
|
Monday |
20 |
Hearing |
|
|
|
Thursday & Friday |
23-24 |
|
Thanksgiving holidays |
|
|
Monday |
27 |
Business |
Annual resolution on potential future
annexation areas |
|
|
Wednesday-Saturday |
November 29- December 2 |
National League of Cities' Congress of
Cities, Phoenix, AZ |
|
|
December |
|
|
|
|
|
|
Monday |
4 |
Organiza- tional |
|
|
|
Monday |
18 |
|
Hanukkah |
|
January, 1996 |
|
|
|
|
|
|
Monday |
8 |
Business |
Human Services Advisory Board's annual
needs report; Proposed resolutions of intent to consider
annexing specific areas |
|
|
Saturday |
13 |
Planning Session |
8:30 a.m.; Library; includes
budget/financial overview |
|
|
Monday |
15 |
|
Martin Luther King Jr. holiday |
|
|
Wednesday |
17 |
Hearing |
Wednesday |
|
|
Monday |
22 |
Business |
|
|
|
Monday |
29 |
Public Forum |
Budget, Capital Program, Comprehensive Grant, HOME Program,
Community Development Grant, Downtown Service District; Potential legislative
requests |
|
February |
|
|
|
|
|
|
Monday |
5 |
|
Available for Work Session |
|
|
Monday |
12 |
Business |
Setting scope of January 26th forum on
potential legislative program Annexation reports/service plans for March
18 public hearings |
|
|
Monday |
19 |
Hearing |
President's Day (Federal holiday; not a
Town holiday) |
|
|
Monday |
26 |
Business |
Public forum on proposed legislative
program |
|
March |
|
|
|
|
|
|
Friday |
1 |
Meeting with legislators |
7:30 a.m.; location to be determined;
meeting date and time subject to concurrence by legislative delegation |
|
|
Monday-Friday |
4-8 |
|
UNC Spring Break |
|
|
Saturday-Tuesday |
9-12 |
|
National League of Cities' Congressional -
Cities Conference, Washington, DC |
|
|
Wednesday |
13 |
Business |
Submittal of: Preliminary Budget Report, preliminary
Capital Program, proposed Comprehensive Grant Application,
proposed HOME Program and proposed Community Development Grant application
including new 3-year plan. Recommendation by the Human Services
Advisory Board on the amount of funds to be allocated for human services performance
agreements in 1996-97. Submittal of proposed 1996-97 public
housing budget (application deadline: 4/1); Consideration of adopting legislative
program (deadline for introduction of local bills will be set in 1996 as part
of General Assembly's rules). Submittal of potential changes to service
plan for Downtown District for public hearing on May 15 (any changes in
service plan must be adopted by 6/30 for 1996-97) |
|
|
Monday |
18 |
Hearing |
Proposed Annexations |
|
|
Monday |
25 |
Business |
|
|
|
Wednesday |
27 |
Public Forum |
Budget, Capital Program, Comprehensive Grant, HOME Program,
Community Development Grant, Downtown Service District; potential legislative
requests |
|
April |
|
|
|
|
|
|
Monday |
1 |
|
National Collegiate Athletic Associations's
championship game in Division I men's basketball |
|
|
Tuesday |
2 |
Budget Work Session #1 |
|
|
|
Wednesday & Thursday |
3-4 |
|
Passover begins |
|
|
Friday |
5 |
|
Good Friday holiday |
|
|
Monday |
8 |
Business |
|
|
|
Wednesday |
10 |
Joint Planning Hearings |
Wednesday; location to be determined (date
proposed subject to concurrence by other local governing boards) |
|
|
Monday |
15 |
Hearing |
|
|
|
Monday |
22 |
Business |
Submittal of: Recommended Budget and Capital
Program; Proposed revisions to the 1995-96 Public
Housing budget (deadline for filing: 6/30); Authorization to file grant applications: Comprehensive grant (deadline: 6/1), HOME program (deadline: 5/15) and Community Development Grant (deadline:
5/15) Consideration of proposed annexations |
|
|
Wednesday |
29 |
Budget Work Session #2 |
5:30 p.m. |
|
May |
|
|
|
|
|
|
Monday |
6 |
Budget Work Session #3 |
5:30 p.m.; with boards and commissions |
|
|
Monday |
13 |
Business |
Request to County for Library and Parks and
Recreation funding and authorization of boards to make presentations to
County Commissioners |
|
|
Wednesday |
15 |
Hearing |
Budget, Capital Program, Downtown Service
District |
|
|
Monday |
20 |
Hearing |
|
|
|
Wednesday |
22 |
Work Session #4 |
5:30 p.m. |
|
|
Monday |
27 |
|
Memorial Day |
|
|
Wednesday |
29 |
Business |
Wednesday |
|
June |
|
|
|
|
|
|
Monday |
3 |
Special |
Consideration of adopting budget and
related items |
|
|
Monday |
10 |
Business |
|
|
|
Tuesday |
11 |
|
Last day of City School classes |
|
|
Monday |
17 |
Hearing |
|
|
|
Monday |
24 |
Business |
Consideration of performance agreements: Visitor information and cultural events
funded with hotel-motel taxes, Human Services (including recommendations
by Human Services Advisory Board) and
Downtown Service District; Year-end budget amendment |
|
July |
|
|
|
|
|
|
Monday |
1 |
Business |
|
|
|
Thursday |
4 |
|
Independence Day |
|
August |
|
|
|
|
|
|
Saturday |
24 |
Planning session |
8:30 a.m., Library |
|
|
Monday |
26 |
Business |
|
|
September |
|
|
|
|
|
|
Monday |
2 |
|
Labor Day |
|
|
Monday |
9 |
Business |
|
|
|
Saturday-Sunday |
14-15 |
|
Rosh Hashanah |
|
|
Monday |
16 |
Hearing |
|
|
|
Monday |
23 |
|
Yom Kippur |
|
|
Wednesday |
25 |
Business |
|
|
October |
|
|
|
|
|
|
Monday |
7 |
|
Available for Work Session |
|
|
Wednesday |
9 |
Joint Planning Hearing |
Wednesday; location to be determined (date
proposed subject to concurrence by boards) |
|
|
|
12 |
|
University Day |
|
|
|
14 |
|
Columbus Day (not a Town holiday) |
|
|
Sunday-Tuesday |
13-15 |
|
North Carolina League of Municipalities'
Annual meeting, Winston-Salem |
|
|
Wednesday |
16 |
Business |
|
|
|
Thursday & Friday |
17-18 |
|
UNC Fall Break |
|
|
Monday |
21 |
Hearing |
|
|
|
Monday |
28 |
Business |
Annexation options report |
|
November |
|
|
|
|
|
|
Tuesday |
5 |
|
Election Day |
|
|
Monday |
11 |
Business |
Veterans' Day (not a Town holiday; Federal
holiday) |
|
|
Monday |
18 |
Hearing |
|
|
|
Monday |
25 |
Business |
Annual resolution on potential future
annexation areas |
|
|
Thursday & Friday |
28-29 |
|
Thanksgiving holidays |
|
December |
|
|
|
|
|
|
Monday |
2 |
Business |
|
|
|
Friday |
6 |
|
Hanukkah |
|
|
Saturday-Tuesday |
7-10 |
|
National League of Cities' Congress of
Cities, San Antonio, TX |
Item
11 Consent Agenda Discussion
Council Member Brown inquired how the vehicle
license fee was collected and how the fees were utilized. Mr. Horton said the fees were collected by
the Orange County Tax Collector and deposited in the Town's General Fund, to be
utilized as directed by the Council.
Council Member Brown suggested that the Council could discuss specific
uses for the increased revenue during the budget development process.
COUNCIL MEMBER BROWN MOVED, SECONDED BY
COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 3.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING INCORPORATION OF LOCAL
LEGISLATION INTO THE TOWN CHARTER (95-8-28/R-3)
BE IT RESOLVED by the Town Council of Chapel
Hill that the Council hereby incorporates into and approves the inclusion of
the following items in future publication of the Town's Charter:
* revised
procedure for filling of vacancies in the office of Mayor or Council Member
(Section 4 of Part II of Chapter 339, 1995 session laws; incorporate as revised
Charter section 2.3(2) in accord with the local act).
* authorization
to increase motor vehicle license fees from $10 to $15 per year (Section 5 of
Part II of Chapter 339, 1995 session laws; incorporate as new Section 30,
Article IX of the Charter Appendix).
BE IT FURTHER
RESOLVED that the Council authorizes the Manager to proceed with drafting an
ordinance to conform Section 2-24 of the Town Code with Chapter 339 of the 1995
session laws.
This the 28th day of August, 1995.
COUNCIL MEMBER CHILTON MOVED, SECONDED BY
COUNCIL MEMBER PAVÃO, TO ADJOURN THE REGULAR MEETING AND MOVE INTO CLOSED
SESSION. THE MOTION WAS ADOPTED
UNANIMOUSLY (9-0).
The regular meeting concluded at 9:43 p.m.