MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, NOVEMBER 13, 1995 AT 7:00 P.M.

Mayor Broun called the meeting to order at 7:00 p.m. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Jim Protzman, and Rosemary Waldorf. Council Member Barbara Powell was absent excused. Staff members in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Development Coordinator Jennie Bob Culpepper, Finance Director Jim Baker, Police Chief Ralph Pendergraph, and Senior Transportation Planner David Bonk.

Item 1 GFOA Certificate Presentation to Finance Department

Mayor Broun presented Finance Director Jim Baker with a certificate from the Governmental Finance Officers' Association for Excellence in Financial Reporting. Mayor Broun said that this was the tenth consecutive year that the Town had earned this distinction.

Finance Director Jim Baker introduced members of the Finance Department staff and thanked them for their hard work and service to the Town which had made it possible to receive the certificate for each of the past ten years.

Item 2 Public Hearing on Proposal to Extend Period for Receiving

or Applying for Special Use Permits with Conditional Use Zoning

Development Coordinator Jennie Bob Culpepper presented a brief overview of the proposal. She stated that due to the volume of development applications moving through the Town's review process, along with various other Council initiatives requiring public hearings, it was unlikely that an applicant could begin preparation of special use permit applications materials, submit the application, and achieve action within the existing one year time limit.

Council Member Mark Chilton asked what would happen if a special use permit application was withdrawn rather than denied by the Council. Town Attorney Ralph Karpinos stated that the denial of a special use permit application would not mean that the zoning would revert automatically to the previous zoning as long as the applicant had met the conditions.

Council Member Chilton asked whether this meant that the applicant would be entitled to retain existing conditional use zoning. Mr. Karpinos said yes, so long as the applicant continued to apply for applicable special use permits.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECESS THE PUBLIC HEARING AND REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Town Manager Horton indicated staff would report back to the Council on November 27th concerning this matter.

Item 3 Petitions

Mayor Broun noted that Council Member Powell had undergone surgery last week and was doing well.

Spencer Everett stated that he was a member of an advisory board to a local fraternal organization. Mr. Everett said he believed that the matter of monitoring bar patrons needed to be brought to the public's attention. He also stated that local bar management needed to be monitored to ensure compliance with existing laws.

Mr. Everett stated that bars could obtain State liquor licenses for a one-time cost of $200 and these licenses were good for the life of a bar. Mr. Everett said something needed to be done to improve this situation.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE MR. EVERETT'S PETITION AND REFER IT TO THE MANAGER. THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

Margaret Leong said she wished to remind the Council that she favored holding local public hearings about flood-related concerns. She stated that some areas of the Town, especially the Camelot Apartments, had received heavy flood-related damage during late August of this year.

Bud Parsons stated that citizens had written hundreds of letters to the Mayor and Council outlining their concerns relative to the Town's regulation of home occupations. Mr. Parsons said that home occupations presented traffic problems in Town neighborhoods, as well as noise-related concerns. He also said that some sections of the home occupation ordinance needed to be clarified so that traffic concerns might be addressed and other ambiguities could be eliminated.

Steve Wallace expressed concern that the DARE (Drug Abuse Resistance Education) Program was highly biased. Mr. Wallace said that a recent study noted that nationwide, drug use by teenagers had increased by 30% since 1991. He also stated that the report found significantly higher drug use among DARE program participants. He requested that the Council discontinue its funding of the DARE program and let the Chapel Hill-Carrboro School Board fund the program if it chose to do so.

Council Member Waldorf petitioned the Council to consider expanding the scope of the East Franklin Street Corridor Study. She stated that this study was done several years ago and was made a part of the Comprehensive Plan, but some concern had recently been expressed concerning development along this corridor. She asked that the Council ask the Manager to take another look at this and report back to the Council.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 4.1 Consent Agenda

Mr. Horton stated that Item 4.1m concerning home occupations was placed on the consent agenda in error. He requested that this item be removed for discussion.

Council Member Brown asked that item 4.1l be removed for further discussion.

Council Member Evans asked that item 4.1j be removed for further discussion.

Council Member Chilton asked that item 4.1n be removed for further discussion.

Mayor Broun stated that item 4.1d concerning workers' compensation insurance was an example of the staff's good work in adding to the Town's fund balance.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1, THE CONSENT AGENDA, EXCLUDING ITEMS 4.1j, 4.1l, 4.1m, AND 4.1n. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (95-11-13/R-1)

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 October 9th and 18th.

b. Posting of signs to prohibit carrying of concealed handguns in Town buildings, building premises and parks (per new State law). (O-1)

c. Annual reappropriation of previous year's encumbrances (O-2).

d. Budget change to allocate additional $50,000 for sidewalks and to establish a reserve for worker's compensation insurance costs (R-2 & O-3).

e. Extension of cable television rate review period (R-3).

f. Annual designation of potential future annexation areas (R-4).

g. Scheduling 1996 Assembly of Governments meetings; rescheduling Joint Planning hearing and two Council meetings in April, 1996 (R-5).

h. Purchase of easement from Duke Power for access to the Northern Community Park (R-6).

i. Submittal to US Department of Housing and Urban Development of the annual public housing management assessment (R-7).

j. Submittal of comments on proposed changes in State regulations on reuse of treated wastewater (R-8).

k. Authorizing fees for copying public records in accord with a new State law (R-9).

l. Process for developing a Town Center small area plan for the downtown area (R-10).

m. Authorizing a mediation process for considering possible changes in regulations for home occupations (R-11).

n. Adjusting composition of Board of Adjustment (R-11.1 a&b) (Manager's recommendation).

o. Overview of future annexation plans (R-11.2).

This the 13th day of November, 1995.

AN ORDINANCE PROVIDING FOR THE POSTING OF SIGNS ON TOWN BUILDINGS, APPURTENANT PREMISES, AND PARKS PROHIBITING THE CARRYING OF CONCEALED HANDGUNS ON SUCH PROPERTY (95-11-13/O-1)

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF CHAPEL HILL as follows:

Chapter 11 of the Town Code is hereby amended by adding a new Section 11-15.1 to read as follows:

"Section 11-15.1. Posting of signs prohibiting possession of concealed handguns on Town buildings, appurtenant premises, and parks.

The Town Manager is authorized to post conspicuous notice at appropriate locations at, on, or within each park and each building or portion of a building owned, leased, operated, occupied, managed, or controlled by the Town, as well as the appurtenant premises to such buildings indicating that carrying a concealed handgun is prohibited therein. Signs on buildings shall be posted visibly on the exterior of each entrance by which the general public may gain access to the buildings. If this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance or applications of this ordinance which can be given separate effect and to that end the provisions of this ordinance are declared to be severable."

This the 13th day of November, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (95-11-13/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, 1995 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Mayor/Council 166,206 95 166,301

Town Manager 792,534 8,086 800,620

Personnel 433,394 6,415 439,809

Finance 692,566 90,608 783,174

Legal 133,603 0 133,603

Planning 698,833 140 698,973

Inspections 362,009 0 362,009

Engineering 555,631 1,333 556,964

Public Works 6,828,121 469,602 7,297,723

Police 5,980,594 14,842 5,995,436

Fire 2,703,584 5,277 2,708,861

Parks & Rec. 1,226,920 22,788 1,249,708

Library 1,346,791 8,622 1,355,413

Non-Dept. 3,416,854 74,261 3,491,115

TOTALS 25,337,640 702,069 26,039,709

PUBLIC HOUSING

FUND 1,227,423 118,798 1,346,221

LANDFILL FUND 4,758,500 563,870 5,322,370

ON STREET PARKING

FUND 494,000 2,468 496,468

TRANSPORTATION

FUND 5,403,758 11,631 5,415,389

CAPITAL

IMPROVEMENTS

FUND 691,178 301,533 992,711

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

HOUSING LOAN

TRUST FUND 125,625 1,497 127,122

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 906,000 702,069 1,608,069

PUBLIC HOUSING

FUND

Fund Balance 149,587 118,798 268,385

LANDFILL FUND

Fund Balance 597,350 563,870 1,161,220

ON STREET PARKING

FUND

Fund Balance 0 2,468 2,468

TRANSPORTATION FUND

Fund Balance 292,370 11,631 304,001

CAPITAL

IMPROVEMENTS

FUND

Fund Balance 266,178 301,533 567,711

HOUSING LOAN

TRUST FUND

Fund Balance 79,500 1,497 80,997

This the 13th day of November, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (95-11-13/O-3)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Non-Departmental

Transfer to Capital

Improvements Fund 125,000 50,000 175,000

CAPITAL IMPROVEMENTS

FUND 992,711 50,000 1,072,771

REVENUES

GENERAL FUND

Fund Balance 1,608,069 50,000 1,658,069

CAPITAL IMPROVEMENTS

FUND

Transfer from

General Fund 125,000 50,000 175,000

This the 13th day of November, 1995.

A RESOLUTION EXTENDING THE PERIOD FOR REVIEW OF A CABLE TELEVISION RATE FILING (95-11-13/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council extends for an additional 90 days the 30-day period for review of the form 1205 rate filing by Cablevision (Time Warner Cable) dated October 30, 1995.

This the 13th day of November, 1995.

A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (95-11-13/R-4)

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:

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 that was 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 13th day of November, 1995.

A RESOLUTION REGARDING DATES FOR MEETINGS OF THE ORANGE COUNTY ASSEMBLY OF GOVERNMENTS IN 1996 AND FOR THE APRIL, 1996 PUBLIC HEARING ON JOINT PLANNING ITEMS, AND RESCHEDULING A COUNCIL BUSINESS MEETING AND BUDGET WORK SESSION (95-11-13/R-5)

BE IT RESOLVED by the Town Council that the Council concurs with the following proposed meeting dates:

Orange County Assembly of Governments:

Thursday, February 29, 1996

Monday, September 30, 1996

Joint Planning hearing:

Thursday, April 18, 1996

BE IT FURTHER RESOLVED that the Council's 1996 meeting calendar is revised as follows:

Reschedule the April 8 business meeting to Tuesday, April 2.

Reschedule the April 2 budget work session to Wednesday, April 17.

This the 13th day of November, 1995.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO COMPLETE THE ACQUISITION FROM DUKE POWER COMPANY OF A 60' ACCESS EASEMENT BETWEEN HOMESTEAD ROAD AND THE NORTHERN COMMUNITY PARK (95-11-13/R-6)

WHEREAS, the Town Council has approved a conceptual plan for the Northern Community Park which avoids a road crossing of the Resource Conservation District bisecting the park property, and

WHEREAS, such a plan is feasible only if there is direct access from Homestead Road, and

WHEREAS, the Duke Power Company has agreed to sell such an easement across its land for the sum of $30,800, plus some landscaping shown on the easement plat, and support of a request that the North Carolina Department of Transportation install a traffic signal on Homestead Road at its intersection with the proposed access easement,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized to complete the acquisition of said easement for the considerations noted above and shown in more detail on a draft plat distributed to the Town Council at its November 13 meeting, with $30,800 to come from the capital project budget.

This the 13th day of November, 1995.

A RESOLUTION APPROVING A PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION (95-11-13/R-7)

WHEREAS, the U.S. Debarment of Housing and Urban Development requires the submission of a Public Housing Management Assessment Program (PHMAP) Certification; and

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approves a Certification for fiscal year ending June 30, 1994;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the attached Public Housing Management Assessment Program (PHMAP) Certification.

This the 13th day of November, 1995.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ESTABLISH POLICIES FOR THE COSTS OF COPIES OF TOWN DOCUMENTS IN ACCORDANCE WITH THE NORTH CAROLINA PUBLIC RECORDS LAW (95-11-13/R-9)

WHEREAS, the North Carolina General Assembly has enacted changes to the North Carolina Public Records Law indicating that charges for public records need to be established by law;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized and directed to review the Town's charges for public records and establish a fee schedule for records under which the charges for copies reflect the actual costs and are in compliance with the North Carolina Public Records Law.

This the 13th day of November, 1995.

A RESOLUTION ON FUTURE TOWN ANNEXATION EFFORTS (95-11-13/R-11.2)

WHEREAS, the Council has pursued annexations on a regular basis in order to provide for the orderly extension of municipal services to areas that are urbanizing or becoming urbanized; and

WHEREAS, the Council recognizes the value of the comprehensive and orderly expansion of the Town's corporate limits;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is hereby authorized to request that the University of North Carolina at Chapel Hill petition the Town for the annexation of 1) the remainder of the Horace Williams Tract that is located east of the Chapel Hill/Carrboro Annexation Boundary Line, including the portion of the tract that is located in the Town's Joint Planning Transition Area, and 2) the UNC Faculty Staff Club that is located in Durham County off Barbee Chapel Road.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Mayor is also hereby authorized to request that the Orange Water and Sewer Authority (OWASA) petition the Town for the annexation of the lot that is south of the Ironwoods subdivision and north of Estes Drive and the Southern Rail Line;

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Manager is hereby requested to report to the Council in early 1996 on the potential for future annexation of 1) the Northwoods subdivision (Ph. 1-4) and surrounding areas, and 2) the Southern Planning Jurisdiction, including the Merritt Pasture, Southern Village, Morgan Creek Hills, Farrington Hills, Laurel Hills and Reserve neighborhoods.

This the 13th day of November, 1995.

Item 4.2 Information Reports

There was no discussion on any of the information reports.

Item 5 Potential Changes in Historic District Regulations

Development Coordinator Jennie Bob Culpepper stated that the resolutions before the Council would add a charge to the Historic District Commission's duties and identify the issues to be considered by the Commission in the process of addressing how to further protect the Town's Historic Districts.

Lee Corum, representing the Historic District Commission, stated that the Commission was eager to carry out the charge if the Commission were so directed by the Council.

Richard Zieger asked the Council to enforce existing regulations stating that more than four unrelated persons could not legally occupy a dwelling unit in the R-1 and R-2 zoning districts. Mr. Zieger also stated that firm action by the Council would prevent overcrowding, reduce parking pressures, and reduce noise complaints. Mr. Zeiger stated that Town could best preserve the charm and quiet of neighborhoods using existing regulations.

Pauline Grimson, representing the Westside Neighborhood Association, expressed concurrence with Mr. Zieger's statements. She said that although parking had always been a problem in the Westside neighborhood, some residents were now using their front yards as parking lots for as many as a dozen cars. She stated that on-street parking permits were not effective because some residents were parking cars in their yards. Ms. Grimson also expressed concern about noise levels in her neighborhood. She requested the Council's assistance in mitigating these concerns.

Council Member Brown requested that the Council discuss the matters raised by residents of the Westside neighborhood. She requested that the phrase "the noise ordinance' be added to the list of issues to be discussed by the Historic District Commission. Council Member Brown also requested a word change to the third line of the Now, Therefore" section to read "procedures which will address the issues listed above as well as other issues which may arise as part of the discussions in such a way...".

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION R-12 WITH THE PROPOSED CHANGES.

Council Member Capowski requested an additional amendment to the proposed resolution to include the phrase "and other close to main UNC campus neighborhoods" to the third line of the resolution right after the word "historic districts" and at other applicable points in the resolution.

Council Member Chilton expressed concern that the Council was requesting that the Historic District Commission to examine areas which might lie outside of its expertise.

Mr. Corum said the Commission would try to incorporate these issues in the course of their study and report.

Council Member Capowski stated that the Town of Newark, Delaware, a similarly-sized University community, appeared to be the most advanced regarding regulations pertaining to university/campus neighborhood relation matters. Council Member Capowski requested that staff investigate how Newark, Delaware had approached problems relative to University neighborhood impacts on campus neighborhoods.

Mr. Horton requested that the resolution be amended to reschedule anticipated Council action on the matter to April or May, 1996.

THE MOTION TO ADOPT RESOLUTION 12 AS AMENDED WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION TO IDENTIFY ISSUES TO BE ADDRESSED BY THE HISTORIC DISTRICT COMMISSION IN CONSIDERING HOW TO PROTECT THE TOWN'S HISTORIC DISTRICTS, AND OTHER CLOSE TO MAIN UNC CAMPUS NEIGHBORHOODS, AND TO GIVE A CHARGE TO THE HISTORIC DISTRICT COMMISSION TO ADDRESS THESE ISSUES, AND TO AMEND THE TIMETABLE FOR CONSIDERATION OF THESE ISSUES (95-11-13/R-12)

WHEREAS, the following issues have been identified as needing to be addressed in order to adequately protect the Town's Historic Districts:

Maintaining a compatible size of parking areas

Controlling the traffic on the smaller, narrower streets by addressing the density of development

Encouraging a variety of setbacks

Encouraging compatible site development

Maintaining current zoning distinctions

Discouraging property neglect as a prelude to demolition

Encouraging single family occupancy;

The Noise Ordinance; and

WHEREAS, the Historic District Commission has been established to protect the character of the community by promoting the stabilization and enhancement of property values throughout the historic districts, and other close to main UNC campus neighborhoods;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill charges the Historic District Commission with identifying recommended regulations and procedures which will address the issues listed above as well as other issues which may arise as part of the discussions in such a way as to enhance protection of the Historic Districts, and other close to main UNC campus neighborhoods;

BE IT FURTHER RESOLVED that the Council amends the time schedule of the process adopted on September 27, 1995 to request that the Historic District Commission make recommendations to the Council by February 1996 with the intent that the Council will hold a Public Hearing on the recommendations in March and be prepared for consideration of action in April and May.

This the 13th day of November, 1995.

Item 6 Orange Regional Recycling and Landfill

Solid Waste Administrator Gayle Wilson presented a brief overview of the items before the Council this evening, as follows:

a. Adopting a mission and goals for the Landfill Owners' Group: Mr. Wilson stated that the resolution before the Council, if approved, would adopt goals for the management of solid waste in Orange County as recommended by the Landfill Owners' Group.

b. Authorizing purchase of the Neville tract: Mr. Wilson stated that the resolution would authorize the Town, as administrator of the landfill, to use Landfill Reserve funds to purchase the property known as the Neville tract, as recommended by the Landfill Owners' Group. He stated that the Neville tract consisted of 14.40 acres located southeast of, and adjoining the southern portion of the existing landfill on Eubanks Road, and northwest of and adjoining the Greene tract.

c. Ordinance to ban disposal at the landfill of recyclable corrugated cardboard and a resolution to establish a penalty fee for loads disposed with recyclable cardboard: Mr. Wilson stated that the ordinance before the Council would ban the disposal of non-residentially generated recyclable corrugated cardboard at the Orange Regional Landfill and adopt a penalty fee for improper disposal. He stated that the Carrboro Board of Aldermen was scheduled to consider the disposal ban at their November 21st meeting, and the Orange County Commissioners would consider it at their December 4th meeting.

Council Member Chilton stated that the Landfill Owners' Group had worked a long time on all three of these items, and asked that the Council approve all three items.

Robert Humphreys, speaking for the Downtown Commission, said he supported the efforts of the Landfill Owners' Group. He stated that if the community were serious about recycling, it should provide cardboard recycling services for large and small volume generators.

Mr. Wilson commented that the collection program that was scheduled for elimination was instituted several years ago and targeted locations that had large quantities of cardboard or had requested the service. He said that staff felt that it would not be possible to continue provision of this service. Mr. Wilson noted that the private sector was able and willing to provide this service.

Council Member Chilton stated that the problem was that it was next to impossible to provide this service evenly throughout the County, and was not practical. Council Member Chilton also said that implementing the proposed ban would help keep down the costs at the landfill.

Council Member Protzman said he agreed that the Council should move ahead with the proposed ban. He also requested that the Council not close the door completely on the downtown businesses, because the proposed ban would be very difficult to deal with logistically.

Mr. Horton said staff would continue to look for ways to enhance services to downtown businesses.

Council Member Protzman said one of the most challenging positions he had held while on the Council was as a member of the Landfill Owners' Group (LOG). He stated that the LOG had a tough situation on their hands which needed to be addressed. Council Member Protzman also said the Landfill Reorganization Work Group had been especially active, and their goals were also important. He stated that the negotiations with the owners of the Neville tract were a very well managed process and had resulted in a very good agreement. Council Member Protzman stated that this agreement could not be repeated with the owners of other land the Owners' Group might buy. Council Member Protzman also said he believed that the landfill should be operated by Orange County.

Referencing Attachment A to the LOG's proposed goals, Council Member Capowski said he did not see any innovations related to collection systems. Council Member Protzman said that the Landfill Owners' Group wanted to define a mission statement that was neutral regarding structure, and collection was a part of this structure. He also stated that since the Landfill Owners' Group wanted to have goals which did not presume any particular structure, the proposed goals were necessarily general at this point.

Council Member Protzman inquired about the estimated amount of fill dirt used for cover at the landfill. Mr. Wilson responded that although only six inches of dirt was required to cover deposits, the landfill staff tended to err on the side of caution and use ten to twelve inches of dirt for typical cover.

Council Member Capowski asked if he was correct that if a person appeared at the landfill with a truck with commercially generated cardboard, the truck's owner would be assessed a fee and the truck's contents would be accepted at the landfill. Mr. Wilson said this was correct. He noted that staff did not normally know that cardboard was in the load until it was dumped. By then, the cardboard would be contaminated and no longer recyclable.

Council Member Brown said that a major goal of the Landfill Owners' Group was reducing solid waste. Stating that the solid waste organizational structure was a very complex and complicated matter, Council Member Brown also said she believed that the LOG had come a long way in developing a process to deal with these issues.

Council Member Evans said she was pleased that a focus was being placed on larger regional efforts. Council Member Evans also said she supported the proposed goals.

Council Member Brown noted that the Triangle J Council of Governments had taken a very active role in helping local governments address solid waste related matters.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING THE ATTACHED GOALS FOR THE MANAGEMENT OF SOLID WASTE (95-11-13/R-13)

WHEREAS, the Landfill Reorganization Work Group was charged by the landfill owning governments to evaluate options for ownership, financing and administration of the next landfill and/or other solid waste management facilities and activities, and

WHEREAS, the Landfill Reorganization Work Group was charged to report back to the governing bodies on recommendations for ownership, financing and administration and a process for public debate and consideration of the associated issues, and

WHEREAS, as a first step in meeting its charge the Landfill Reorganization Work Group developed a mission and goals statement for a future solid waste management entity, tentatively referred to as the Orange Solid Waste Management Work Group, and

WHEREAS, the Landfill Owners Group received public comments on the mission and goals statement at their September 28, 1995, public hearing, and

WHEREAS, the Landfill Owners Group recommended at their October 19, 1995, meeting that the governments of Orange County adopt the mission and goals statement, and

WHEREAS, the adoption of the mission and goals statement by the governments of Orange County is an initial step in the continued discussion on the reorganization of solid waste management activities in Orange County, and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it adopt the attached Goals for the Management of Solid Waste in Orange County.

This the 13th day of November, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE CHAPEL HILL TOWN MANAGER TO UTILIZE THE LANDFILL LAND RESERVE FUND TO PURCHASE THE PROPERTY KNOWN AS THE NEVILLE TRACT (TAX MAP REFERENCE: 7.18..22) (95-11-13/R-14)

WHEREAS, there is the need for additional soil for landfill operations at the current landfill site; and

WHEREAS, there is a legal right of access for the Neville tract through the Greene tract; and

WHEREAS, the public owns two tracts of land which are separated by the Neville tract, and

WHEREAS, the purchase of the property known as the Neville tract would provide for the needed soil and remove the access easement across the Greene tract and join the 202 acre landfill site and the 168 acre Greene tract; and

WHEREAS, ownership would be in proportion equal to that of the current landfill (Carrboro = 14%, Chapel Hill = 43% and Orange County = 43%; and

WHEREAS, it is not the intention of the Landfill Owners Group to use the Neville tract as a landfill or other solid waste processing facility; and

WHEREAS, the Landfill Owners Group would provide buffers between the borrow area and the adjoining privately owned property to mitigate the effects of the soil removal on the adjoining properties; and

WHEREAS, the Landfill Owners Group would develop a comprehensive site restoration plan for the borrow area; and

WHEREAS, it is agreed that the purchase price will be $7,000 per acre, with the total to be determined by a survey prior to closing; and

WHEREAS, the Landfill Owners Group will continue to work with the neighbors of the Neville tract to resolve twenty-two outstanding issues; and

WHEREAS, it is agreed that the landfill staff will coordinate the preparation of the Special Use Permit application with a working group of Mrs. Gertrude Nunn, Judy Nunn Snipes, Roger Snipes, Ashley Nunn, Irving Nunn, Larry Reid, and George Griffin and other affected citizens as needed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it authorizes the Chapel Hill Town Manager to use Landfill Land Reserve funds to purchase the property known as the Neville tract.

BE IT FURTHER RESOLVED that any special use permit application for this property will be proposed in accordance with the attached recommendations from the Landfill Owners Group Neville Tract Committee to the Landfill Owners Group dated October 19, 1995.

This the 13th day of November, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 3.2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (95-11-13/O-3.2)

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

LANDFILL FUND

Landfill

Operations $2,040,470 $100,800 $2,141,270

ARTICLE II

REVENUES

LANDFILL FUND

Appropriated Fund

Balance-Land Reserve $ 0 $100,800 $100,800

This the 13th day of November, 1995.

COUNCIL MEMBER BROWN MOVED TO ADOPT ORDINANCE 4.

Council Member Brown suggested that the good work of the Chapel Hill Solid Waste Reduction Task Force and the Chapel Hill Solid Waste Reduction Committee should be added to the chronology and acknowledged by the Council.

THE MOTION WAS SECONDED BY COUNCIL MEMBER CHILTON. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE RESTRICTING THE DISPOSAL OF CORRUGATED CARDBOARD AT THE ORANGE REGIONAL LANDFILL (95-11-13/O-4)

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

Section 1. Chapter 8 is hereby amended by adding a new article and sections to read as follows: "Article III - Landfill Regulations"

Sec. 8-55. Disposal of recyclable corrugated cardboard

Disposal of recyclable corrugated cardboard is restricted and regulated per the following conditions:

(a) Disposal of recyclable corrugated cardboard from non-residential sources is prohibited at the Orange Regional Landfill.

(b) Disposal of recyclable corrugated cardboard in mixed solid waste receptacles maintained throughout Orange County is prohibited. All bulk waste containers within Orange County shall be labelled with a permanent visible sign, prominently displayed, stating recyclable corrugated cardboard is prohibited from being dumped. These signs shall be in place by March 1, 1996.

(c) Any hauler of non-residential waste to the landfill shall be subject to this prohibition. The disposal prohibition applies to all non-residential loads of waste delivered by haulers to the landfill including mixed loads that contain both residential and non-residential waste. All waste delivered to the landfill in small quantities by pick-up trucks, vans, small trailers and automobiles will also be subject to this prohibition.

(d) For the purpose of this prohibition, non-residential waste includes, but is not limited to, waste generated by:

(i) the commercial, institutional, industrial, construction and multi-family sectors;

(ii) waste collected from bulk containers, including dumpsters, compactors, roll-off containers, and delivered to the landfill in bulk container collection vehicles, and;

(iii) all other waste generated by the non-residential sectors that is delivered to the landfill in any type conveyance.

(e) For the purposes this prohibition, recyclable corrugated cardboard refers to all corrugated cardboard that deemed recyclable by current recycling industry standards. Any cardboard that is not recyclable due to contamination at the source (e.g. saturated with food) or due to its nature (e.g. waxed boxes) would be exempt from the penalty. Cardboard contaminated by action of the generator or hauler would not be exempt from the penalty fee.

Sec. 8-56. Penalties

Haulers found in violation of Section 8-55 may be subject to a penalty fee as adopted, and periodically revised, by the owners of the landfill.

Section 2. The penalty provisions in Sec. 8-56 shall be effective March 1, 1996. The remainder of this ordinance shall be effective upon adoption.

This the 13th day of November, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 14.1. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION ESTABLISHING A PENALTY FEE FOR THE DISPOSAL OF NON-RESIDENTIAL RECYCLABLE CORRUGATED CARDBOARD AT THE ORANGE REGIONAL LANDFILL (95-11-13/R-14.1)

WHEREAS, the Orange Regional Landfill Owners Group has determined that a prohibition on landfilling of clean, recyclable corrugated cardboard in the Orange Regional Landfill will extend the life of the landfill by at least eight months; and

WHEREAS, recyclable corrugated cardboard has steady recycling markets easily available to Orange County; and

WHEREAS, corrugated cardboard is a low-density, easily identifiable material which takes up considerable landfill space; and

WHEREAS, recyclable corrugated cardboard has been successfully collected and recycled throughout the County by public and private haulers for the past seven years; and

WHEREAS, alternatives are available to those affected by the ban who do not wish to hire a service to remove recyclable cardboard for recycling; and

WHEREAS, the Town of Chapel Hill finds it would be in the best interest of all the citizens and would promote the public health if corrugated cardboard is not accepted for disposal at the Orange Regional Landfill; and

WHEREAS, the Town of Chapel Hill has adopted an ordinance which prohibits the disposal of non-residential recyclable corrugated cardboard at the Orange Regional Landfill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the penalty fee for haulers violating the ordinance banning disposal of non-residential recyclable corrugated cardboard at the Orange Regional Landfill shall be equal to twice the prevailing tipping fee per ton or $25.00, whichever is greater, effective March 1, 1996.

This is the 13th day of November, 1995.

Item 7 Authorizing Lease Negotiations with Chapel Hill Museum,

Inc. for Use of Former Library Building on West Franklin Street

Mr. Horton stated that adoption of the proposed resolution would

authorize the Manager to negotiate with Chapel Hill Museum, Inc. for use of the former library facility at 523 E. Franklin Street, based on certain conditions. Mr. Horton stated that there would have to be a transition period, since the Chapel Hill Day Care was presently using the building and would continue to do so through the Spring of 1996.

Mr. Horton stated that staff also recommended that the Chapel Hill Museum, Inc. be responsible for all operating costs associated with the museum, all upgrades to the existing mechanical infrastructure of the facility including heating, air conditioning and electrical systems, regular and extraordinary maintenance and repairs, and adequate insurance coverage. Mr. Horton said that in turn, the Town would provide the facility at no cost advantage to the Town, regularly inspect the premises, monitor building and grounds maintenance, and waive proofs of insurance.

Jim Harler, representing Chapel Hill Museum, Inc., stated that they were looking forward to working with the Town and felt sure they would be able to work within the guidelines and provide a good museum facility.

Council Member Capowski inquired about the museum organization's current financial status. Mr. Harler stated that an informal pledge drive had been conducted and another fundraiser for pledges was planned. Mr. Harler also said the Museum had applied for 501(c)(3) nonprofit status with the Internal Revenue Service.

Council Member Capowski inquired when the museum planned to occupy the building and if funds would be available at that time to comply with the lease stipulations. Mr. Harler stated that Chapel Hill Museum, Inc. was prepared to comply with all aspects of the proposed lease agreement.

Council Member Capowski asked Mr. Horton what would happen if the Museum were unable to meet its financial obligations. Mr. Horton stated he would then act as landlord in the best interest of the Town and alert the Council of such circumstances.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 15. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE WITH CHAPEL HILL MUSEUM, INCORPORATED FOR USE OF THE OLD LIBRARY FACILITY AT 523 E. FRANKLIN STREET, BASED ON THE CONDITIONS SET OUT IN THIS MEMORANDUM (95-11-13/R-15)

WHEREAS, the Council of the Town of Chapel Hill has agreed that a museum would be the preferred use of the former library building located at 523 E. Franklin Street after January 31, 1996; and

WHEREAS, museum supporters are organizing Chapel Hill Museum, Incorporated to develop an implementation plan for museum service; and

WHEREAS, the Council of the Town of Chapel Hill has directed the Town Manager to develop a plan which is cost-neutral to the Town;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council authorize the Town Manager to negotiate a lease plan with the Chapel Hill Museum, Inc. for use of the old library facility at 523 E. Franklin Street consistent with the principles outlined in the Manager's report to the Council on November 13, 1995.

This the 13th day of November, 1995.

Item 8 1995-96 Capital Improvements Program Design

and Construction Projects

Transportation Planner David Bonk stated that the resolution before the Council would allocate funding for the construction of pedestrian projects during the 1995-96 fiscal year, and would authorize proceeding with the design of additional projects during the current year. Mr. Bonk stated that in order to help expedite construction of sidewalks, staff was proposing a change in process for the current year. He noted that the change involved recommending projects for construction and for design. Mr. Bonk said utilizing this approach, construction would move more quickly in the future, once a project was selected for construction by the Council, since designs would already be in hand.

Council Member Evans said that on page six of the staff's memorandum, that although a graph indicated that the Weaver Dairy Road project was estimated at 2,000 feet and the Piney Mountain Road project was estimated at 2,800 feet, the estimated cost for the Piney Mountain project was more than double the cost of the Weaver Dairy Road project. Mr. Bonk stated that the Chapel Hill-Carrboro City School District had agreed to pay one-half of the cost of the Weaver Dairy Road sidewalk project.

Council Member Evans expressed concern about areas in the Town where there were short missing links of sidewalks. Mr. Horton suggested that this could be examined separately and a report brought back to the Council in the future.

Council Member Capowski inquired passage of Resolution 16 included funding for the construction of sidewalks along the southeast corridor of Pittsboro Street and McCauley Street. Mr. Bonk said the proposed sidewalk would be adjacent to the parking lot along these streets. Council Member Capowski asked whether the proposed sidewalk would traverse Pharmacy Lane to Pittsboro and McCauley Streets, intersecting an existing brick sidewalk. Mr. Bonk said that this was correct.

Council Member Waldorf inquired whether the staff's follow-up proposal could contain an option for construction and infill projects during the 1995-96 fiscal year. Mr. Horton said it was the staff's objective to complete all of these projects by the end of the next fiscal year.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 16. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING THAT TOWN FUNDS BE USED TO CONSTRUCT THE WEAVER DAIRY ROAD, PINEY MOUNTAIN ROAD, AND PITTSBORO STREET / MCCAULEY STREET SIDEWALK PROJECTS AND TO DESIGN PINEY MOUNTAIN ROAD, KINGSTON DRIVE, ROSEMARY STREET, PITTSBORO STREET, WILLOW DRIVE, AND RALEIGH ROAD (95-11-13/R-16)

WHEREAS, the Council of the Town of Chapel Hill has allocated $100,000 in the Capital Improvements Program for pedestrian projects in the 1995-96 fiscal year; and

WHEREAS, the Council of the Town of Chapel Hill has available $67,375 in unspent funds from the 1994-95 Capital Improvements Program for pedestrian projects; and

WHEREAS, the Council of the Town of Chapel Hill has reviewed projects for possible use of these funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Capital Improvement funds be used to design the following pedestrian sidewalk projects:

- Pittsboro Street, sidewalk along the west side from Cameron Avenue to South Columbia Street.

- Willow Drive, sidewalk along the north side from Conner Drive to Fordham Boulevard.

and to construct:

- Weaver Dairy Road, sidewalk along the south side from Country Road to Muir Lane;

- Piney Mountain Road, sidewalk along the south side from Woodshire Lane to Eastwood Road;

- Pittsboro Street and McCauley Street sidewalk along the southeast corner.

This the 13th day of November, 1995.

Item 9 Special Use Permit Modification Request

for Project Homestart

Persons wishing to testify in the matter were sworn by the Town Clerk's designee.

Development Coordinator Jennie Bob Culpepper presented an overview of key issues raised at the October 18th public hearing on the matter. She noted that the principal issue of concern was sidewalks.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 17a. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR PROJECT HOMESTART (File Number 24..42) (95-11-13/R-17a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application, proposed by the Inter-faith Council for Social Services on property identified as Chapel Hill Township Tax Map 24, Lot 42, if developed according to the site plan dated June 26, 1995 and revised August 30, 1995, and the conditions listed below:

1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations;

3. Would be located, designed and operated so as to maintain or enhance the value of contiguous property, and is a public necessity; and

4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modification to the regulations satisfies public purposes to an equivalent or greater degree:

Modification to Article 12-5, the Schedule of Permitted Uses, which stipulates that shelters are not permitted uses in Residential-5-Conditional zoning districts.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit Modification for Project Homestart in accordance with the terms of the Special Use Permit, the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by November 13, 1997 (two years from the date of Council approval) and be completed by November 13, 1998 (three years from the date of Council approval).

Required Improvements

2. Parking Lot to Town Standards: That the internal drive aisles, and parking lot be constructed to Town standards and that any alternate paving used in the parking lot have the same load bearing capacity as the Town's standard pavement design.

Stipulations Related to the Resource Conservation District

3. Boundaries: That the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance."

4. Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval.

Stipulations Related to State and Federal Governments Approvals

5. Approval of Encroachment Agreements: That any required State permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

6. Landscape Plan Approval: That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

7. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Building Elevations

8. Building Elevation Approval: That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

9. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

10. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, applicable cable supplier, and the Town Manager before issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

11. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

12. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), which shows the method(s) of conveying the storm water around the building site, and a landscape plan and landscape management plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

13. Erosion Control: That a soil erosion and sedimentation control plan be approved by the NC Department of Environment, Health and Natural Resources and the Town Manager before issuance of a Zoning Compliance Permit.

14. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

15. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

16. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill hereby approves the application for a Special Use Permit for Project Homestart in accordance with the plans and conditions listed above.

This the 13th day of November, 1995.

Item 10 Resolution Seeking Statewide Legislation Regarding

Designation of Certain Offenses as Criminal Infractions

Town Attorney Ralph Karpinos stated that Council Member Chilton had presented a petition to the Council requesting staff examination of this issue. He stated that the resolution before the Council would request the League of Municipalities to add to the League's 1996 legislative program a request to modify State law to permit municipalities to make the violation of an open container ordinance and any other local ordinance an infraction rather than a criminal misdemeanor. Mr. Karpinos stated that a change in the law would allow the Council to make any violation an infraction as opposed to a misdemeanor.

Mayor Broun stated that an example of a misdemeanor would be a drunk or disorderly violation, while a moving violation would be considered an infraction. Mr. Karpinos said although this was basically correct, some moving violations were categorized as misdemeanors. Mayor Broun stated that in comparison, parking violations were civil in nature.

Mr. Horton stated that although there had been a number of arrests in the first several months after the open container ordinance was adopted, the number of arrests have tapered off. Mr. Horton said staff believed that permitting open containers on local streets contributed to a lack of control. He said the new open container law had allowed the Town's Police Department to encourage compliance and keep open containers inside of establishments.

Mr. Horton also stated that the recent Halloween celebration was the most positive ever held, and he attributed this to the lack of alcohol present on downtown streets.

Spencer Everett stated that as an advisor to a fraternity, it had been a constant source of frustration to deal with alcohol usage. He stated that this ordinance was the first thing he had seen that had pricked the conscience of the students, and urged the Council to continue with its application.

Council Member Capowski asked Mr. Karpinos whether Resolution 18 would allow, but not force, the Council to allow this violation to be an infraction. Mr. Karpinos stated that this was correct.

Council Member Waldorf asked that Sergeant Harold Horne of the Downtown "E" platoon outline his thoughts about the open container ordinance.

Sergeant Horne said the new ordinance was a very useful tool in keeping control in the downtown area after hours, particularly between 1:00 and 3:00 a.m. He stated that students and others frequenting the downtown area were more in control of themselves when exiting alcohol-related establishments, there were fewer fights and better controlled crowds.

Council Member Waldorf noted that during the first three months of the current ordinance's existence, there were about one hundred and sixty citations issued, of which forty-five were to UNC students. She added that the number of citations recently issued to UNC students had dropped virtually to zero, with most citations being issued to persons living outside of the area. Sergeant Horne concurred, stating that many military personnel as well as students from other universities came into the downtown area and were being issued citations when violations occurred.

Council Member Brown expressed her agreement that the Council should have the power to determine whether ordinance-related penalties should be infractions or misdemeanors.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 18.

Council Member Chilton stated that although this resolution was completely separate from the open containers law, he believed the

new ordinance had been effective and felt that the penalty should be reduced to an infraction.

THE MOTION TO ADOPT RESOLUTION 18 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SUPPORTING A LEAGUE OF MUNICIPALITIES INITIATIVE TO SEEK A CHANGE IN NORTH CAROLINA LAW TO ALLOW MUNICIPALITIES TO MAKE THE VIOLATION OF LOCAL ORDINANCES INFRACTIONS (95-11-13/R-18)

WHEREAS, North Carolina General Statute currently provide that Cities and Towns in North Carolina may enact ordinances and provide that the violation of an ordinance is a misdemeanor and, in certain limited circumstances an infraction; and

WHEREAS, North Carolina General Statute Sec. 14-3.1 defines an infraction as a "noncriminal violation of law, not punishable by imprisonment"; and

WHEREAS, there exist a number of State statutory offenses which are punishable as infractions, including the possession of alcoholic beverages by persons 19 and 20 years of age; and

WHEREAS, the Council believes that there are a number of local ordinance regulations established by local governments which would be appropriate to be redefined as infractions if statutory authority so allowed, including but not limited to local ordinances on the possession of open containers of alcoholic beverages; and

WHEREAS, the Council believes that a modification to State law to allow cities and towns flexibility to make violations of local ordinances infractions would enhance the ability of local governments to address local concerns and is a reasonable and appropriate matter for consideration by the North Carolina General Assembly;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests that the North Carolina League of Municipalities consider initiating a request to the North Carolina General Assembly to enact an amendment to the North Carolina General Statutes to allow Cities and Towns the option of making the violation of any local ordinances infractions in addition to the current options available by statute.

This the 13th day of November, 1995.

Item 11 Presentation of Annual Financial Report

Finance Director Jim Baker stated this year's audit had been conducted by the firm of McGladrey & Pullen. Mr. Baker stated that John Gilberto would present the audit report to the Council.

John Gilberto, senior manager of the McGladrey & Pullen, stated that the audit was conducted according to generally accepted auditing standards. He noted that the audit included the assessment of use of accounting principles as well as evaluating the Town's overall financial picture. Mr. Gilberto stated that in his firm's opinion the audit report fairly reflected the financial standing of the Town as of June 30, 1995. Mr. Gilberto said the Town had received the highest rating possible for a financial statement. He said no material defects were discovered which would adversely affect the Town's financial operations. Mr. Gilberto also said the audit had uncovered no internal deficiencies.

Item 12 Presentation of follow-up report on Proposed Joint Southern School and Park Site

Council Member Waldorf stated that there had been progress between D. R. Bryan and the school system regarding the proposed school site. She stated that the school system was currently advertising for proposals and was moving ahead fairly quickly on this matter. Council Member Waldorf said she believed the Town should become involved at the proper time to look at the construction of playing fields which could possibly be jointly operated by the Town.

Item 13 Discussion of Consent Agenda Items

Item 4.1 j

Council Member Evans said she did not think it was workable for wastewater reuse areas to be located at least ten feet from property lines.

Council Member Chilton suggested adding a point five to the resolution to read "The Council believes that it is unnecessary to limit wastewater reuse areas to ten feet from property lines."

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

A RESOLUTION ADOPTING COMMENTS REGARDING PROPOSED CHANGES IN THE NC ENVIRONMENTAL MANAGEMENT COMMISSION'S RULES REGARDING REUSE OF TREATED WASTEWATER (95-11-13/R-8)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the Mayor to submit the following comments to the NC Environmental Management Commission regarding proposed changes in rules on reuse of treated wastewater:

1. The Council supports the concept of allowing more use of treated wastewater in order to reduce demand on drinking water supplies and with adequate protections for the public health.

2. The Council urges the Commission to carefully consider the likelihood that obtaining or expanding new drinking water supplies in many areas of our State will become increasingly difficult and costly because of the growth in and around urban areas and related increases in land prices.

3. The Council believes that the potential for greater reuse of treated wastewater may prove to be especially important in the Chapel Hill area as the community seeks to extend the life of its high quality drinking water supplies.

4. If the Commission elects not to change the present State-wide rules, the Council encourages the Commission to allow practical procedures for obtaining variances from the State-wide rules on a case-by-case basis.

5. The Council believes it is unnecessary to limit wastewater reuse areas to ten feet from property line.

This the 13th day of November, 1995.

Item 4.1 l

Council Member Brown said she just wanted to make sure the Council understood that when a project like this was started, the Council was aware that one of the needs was to keep a place for businesses which might not necessarily have a place to operate elsewhere, such as Internationalist Books and the Skylight Exchange.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO CONTRACT WITH THE DEPARTMENT OF CITY AND REGIONAL PLANNING AT THE UNIVERSITY OF NORTH CAROLINA CONCERNING A DOWNTOWN SMALL AREA PLANNING PROJECT (95-11-13/R-10)

WHEREAS, the Council is interested in pursuing a Downtown Small Area Planning process to provide a detailed long range guide to future development and conservation of the area in accordance with the Town's Comprehensive Plan; and

WHEREAS, the Downtown Plan Committee has petitioned that such an effort be undertaken;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to contract with the Department of City and Regional Planning at the University of North Carolina for a class study of data collection and needs assessment preparatory to undertaking a Downtown Small Area Plan in the Spring, 1996 semester.

This the 13th day of November, 1995.

Item 4.1m

Council Member Pavão said he believed this item should be referred to the Committee on Home Occupations.

Mayor Brown asked for Council Member volunteers to serve on the Committee.

Council Member Chilton suggested that the new Council to take office in December might be a better time to appoint the members.

Mr. Horton said that he believed it would be more appropriate to make the appointments this evening.

Council Members Pavão and Chilton volunteered to participate in the screening of applicants for the committee.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 11, INCLUDING THE DESIGNATION OF COUNCIL MEMBERS CHILTON AND PAVÃO AS SCREENING COMMITTEE MEMBERS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REGARDING A COMMITTEE TO DISCUSS HOME OCCUPATION REGULATIONS (95-11-13/R-11)

BE IT RESOLVED that the Council will appoint a Committee on home occupation regulations, with the following charge:

The purpose of the Committee is to achieve comprehensive discussion of issues related to the regulation of home occupations.

The Council will appoint a Council Member as Chair of the Committee, which shall be convened by January 30, 1996.

The Committee will review materials and comments from the October 18 Public Hearing, and other information as the Committee desires.

The Committee will prepare a report to the Town Council that summarizes the issues and discussions, and makes recommendations.

The Committee's report, which may include dissenting opinions, will be distributed to the Council as part of the agenda materials for the Council meeting on April 22, 1996.

BE IT FURTHER RESOLVED that the Council designates Council Members Chilton and Pavão to make recommendations to the Council regarding appointments to the Committee.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to solicit applications for Council appointment to the Committee, and the Manager is authorized to retain a facilitator to assist the Committee.

This the 13th day of November, 1995.

Item 4.1n

Council Member Chilton said he believed it was appropriate to have more alternates serving on the Board of Adjustment. Council Member Chilton also said he was not convinced that it was a good idea to cut the current Board membership in half.

Council Member Capowski also stated that the Council should ask the Orange County Commissioners to make sure their appointments to the Board were made as promptly as possible.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 11.1a. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION MAINTAINING A TEN MEMBER BOARD OF ADJUSTMENT AND ADDING TWO ALTERNATE MEMBERS, AND DIRECTING THE TOWN MANAGER TO ADVERTISE FOR TWO ADDITIONAL ALTERNATE MEMBERS AND TO SCHEDULE CONSIDERATION OF THE APPLICATIONS AT A FUTURE COUNCIL MEETING (95-11-13/R-11.1a)

WHEREAS, the Chapel Hill Board of Adjustment has often found itself in the situation of having less than a full complement of ten members present; and

WHEREAS, a four/fifths vote of the membership of the Board is necessary in order to grant an application for an appeal or a variance; and

WHEREAS, having less than a full complement of members present creates situations in which consideration of applications must be postponed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council maintains the number of members of the Board of Adjustment at ten and adds two additional alternate members. These two additional alternate members shall be appointed by the Town Council.

BE IT FURTHER RESOLVED that the Town Manager is directed to advertise for two additional alternate members to serve on the Board of Adjustment and to schedule consideration of the applications at a future Council meeting.

This the 13th day of November, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11.1b. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MAYOR TO INITIATE DISCUSSION WITH THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS ABOUT WAYS TO FACILITATE APPROPRIATE REPRESENTATION ON CHAPEL HILL ADVISORY BOARDS (95-11-13/R-11.1b)

WHEREAS, Chapel Hill Advisory Boards are often without a full complement of members; and

WHEREAS, several advisory boards include members who are to be appointed by the Orange County Board of Commissioners;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to initiate discussion with the Chair of the Board of County Commissioners about ways to facilitate appropriate representation on Chapel Hill Advisory Boards.

This the 13th day of November, 1995.

The meeting was adjourned at 9:23 p.m.