MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 10, 1996

Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck and Lee Pavao. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Finance Director James Baker, Planning Director Roger Waldon, Personnel Director Pat Thomas and Senior Planner David Bonk.

Representatives of the UNC Student Recreation Society presented the Town with a check for $1,000, raised during the recent "March for Parks" event. Ms. Karen Morgan, representing the Society, thanked Council Member Pavao and Parks and Recreation Director Mike Loveman for attending the event.

Item 2 Public Hearing on proposed Cable Television Franchise

Assistant to the Manager Greg Feller presented an overview of the cable television franchise proposal, noting that the proposed term of the agreement was twenty years. Stating that Time-Warner Cable had agreed to pay $140,000 per year for public access and government access purposes, Mr. Feller noted that approximately $90,000 of this sum would be generated from the collection of a fee of $0.65 per month per subscriber to support these services.

Bob Joesting, Vice Chair of the Cable Television Advisory Committee, noted that the Committee's Chair, Tim Stephens, had asked him to present the Committee's report. Mr. Joesting presented an overview of the Committee's final report, noting that the Committee's vote on whether or not to recommend the proposed franchise agreement to the Council was a tied 4-4 vote. He indicated that the four persons voting against the agreement were concerned that the twenty year franchise term was too long. Mr. Joesting also indicated that the Committee felt it was important that the franchise agreement contain provisions to ensure the continuation of public access despite possible changes in the competitive cable television industry. Mr. Joesting said his personal view was that a twenty year franchise period was palatable. He also emphasized the importance of Time-Warner continuing to make public access facilities available during the transition period between the existing system and the planned system. Mr. Joesting also said he believed that the agreement relative to public access matters might not be workable. Council Member Andresen inquired why Mr. Joesting felt this was the case. Mr. Joesting said there were a lot of small details relative to public access which might contribute to a catch-22 situation in the future.

Marcia Decker said she found several provisions in, and omissions from, the proposed agreement to be disturbing. She said the draft agreement did not cite who would run public access operations if the cable company did not. Ms. Decker also stated that the definitions of public access programming were overly restrictive in that they did not permit sharing of programming across communities and prohibited advertising and commercial matters. She said that these restrictions on public access programming were unreasonable. Ms. Decker urged the Council to revisit the public access provisions of the proposed agreement.

Don Yonavjak said he was concerned that the provisions regarding public access were too restrictive. Noting that he found the overall agreement fairly favorable with some minor wording changes, Mr. Yonavjak suggested that the City of Greensboro's cable franchise agreement had some good language in this respect.

Eva Metzger, Chair of the Board for the People's Channel, said her organization was a non-profit corporation, which could run public access operations should the need arise. Ms. Metzger also said she believed that public access programming could ultimately be the Hyde Park Corner of the Town, focusing on local, national & international issues and the talents of local actors and artists. Expressing concern that Time-Warner Cable had not been a better corporate citizen during recent negotiations, Ms. Metzger urged the Council not to be rushed into voting on the proposed agreement. She also said although the proposed agreement appeared to offer protections to Time Warner Cable, there did not appear to be similar protections for the Town. Ms. Metzger said the best Council action this evening would be for the Town to return to the negotiating table on public access matters. She stated that the matter could return to the Council for possible action in September.

Tony Spadaro said it was his personal opinion that the forty-two unscrambled channels of the proposed seventy-eight total proposed channels were not worth watching. He stated that the desirable channels would necessitate viewers having converter boxes. Mr. Spadaro suggested that the Council vote down the proposed agreement and have a new negotiating team begin work on a new and better agreement, better emphasizing the Town's interests.

Charles E. Cousins, a resident of Sunstone Apartments, expressed concern that residents of his community did not have the option of using different cable television providers. He requested the Town's assistance in exploring options to improve this situation.

Alice Ingram said she strongly supported the adequate provision of public access television as a means of bringing government closer to citizens.

Randy Fraser, representing Time Warner Cable, said the proposed franchise agreement provided a lot of benefits to Town residents. He stated that Time Warner had attempted to be responsive to the Town's negotiating team and its desire to achieve a balanced agreement. Saying that Time Warner had not cut back its commitment to public access in the community in the last few years, Mr. Fraser said his firm would continue its current level of commitment on public access matters.

Council Member Capowski thanked Town Manager Horton, Town Attorney Ralph Karpinos, Assistant to the Manager Ralph Karpinos and consulting attorney Ralph Karpinos for their assistance in negotiating the draft franchise agreement. Council Member Capowski said he encouraged the Council to vote on the proposed franchise agreement prior to the Council's summer recess.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REFER COMMENTS FROM CITIZENS TO THE MANAGER FOR THE REVIEW OF POSSIBLE WORDING CHANGES IN THE DRAFT FRANCHISE AGREEMENT.

Stating that twenty years was a long time for a franchise agreement, Council Member Andresen said it was important to address citizen concerns about public access matters. Council Member Capowski said the proposed franchise was non-exclusive, allowing other companies to compete in the future. Council Member Andresen asked why a twenty year term was proposed. Council Member Capowski said the Town would receive more money from Time Warner under these terms.

Stating that he did not think the Town was getting much from the proposed terms of the agreement, Council Member Chilton said although the proposed agreement was technically non-exclusive, cable television service was a de facto monopoly in the near term. He requested that the staff's follow-up report contain information about considering offers from other cable companies and why offers were not solicited from other companies. Mr. Horton said that existing federal laws presumed that current franchises would be renewed. He added that although other proposals were solicited, none were received.

Council Member Evans inquired whether or not the cable company could estimate how much costs would increase in order to recover costs of new equipment. She also suggested that the possibility of regional television being investigated in the context of the proposed franchise agreement.

Expressing her concurrence with Council Member Andresen's, Chilton's and Evans' comments, Council Member Brown requested that staff give careful attention to citizen comments, especially regarding public access programming.

Council Member Andresen inquired when the staff would report back to the Council on this matter. Mr. Horton said staff would present a follow-up report at the Council's June 24th meeting.

Mayor Waldorf noted that the Council would have the option to vote on the agreement at the June 24th meeting. Mr. Karpinos noted that approval of a franchise ordinance agreement required affirmative votes at two Council meetings.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

Item 3 Petitions

Human Services Advisory Board Chair Ed Devany requested that the Council increase the allocation for human service performance agreements by $11,100 to $131,100. Council Member Evans inquired about options for funding this item. Mr. Horton said the Council could elect to take this money from fund balance.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECEIVE MR. DEVANY'S PETITION.

Council Member Andresen inquired how the Human Services Board would handle the matter if the Council did not approve additional funding. Mr. Devany said there would be an across the board reduction in funding of each agency.

THE MOTION TO RECEIVE THE PETITION WAS ADOPTED UNANIMOUSLY (8-0).

John Sanders, 1107 Sourwood Drive, said residents of his neighborhood were requesting that the Town provide a funding subsidy for the installation of sanitary sewer service to about sixty properties. He requested that neighborhood residents supporting the petition to please rise.

Council Member Andresen said she hoped that OWASA would act expeditiously in this matter.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Capowski inquired what would happen next on this matter. Mr. Horton said staff would notify OWASA of receipt of the petition and follow up with them. Council Member Capowski inquired when staff would report back on the matter. Mr. Horton said he hoped that the matter could be back on the Council's July 1st agenda.

Nancy Preston, representing the Board of the University Presbyterian Church, said the Board requested that the Council approve the installation of two speed bumps on Spring Lane as soon as possible.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Andresen suggested that a subcommittee be formed to review the 1992 OWASA report on water and sewer matters. She also suggested that staff report back to the Council on Town staff coverage of OWASA Board meetings. Council Member Andresen suggested that the Council invite the Town's OWASA Board representatives and possibly the entire OWASA Board to a work session in the future.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE PETITION TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)

Mayor Waldorf requested that anyone interested in serving on the proposed committee contact her.

Council Member Franck said preliminary reports from subcommittees had been made to the Transit 2001 Committee earlier in the day. He also said the Town's local bill on fire sprinklers appeared to be somewhat controversial. Council Member Franck said it was not possible to determine when this matter would come back for consideration.

Item 4 Consent Agenda

Mr. Horton noted that item 4.1e contained revised wording.

Council Member Brown requested removal of item g. Council Member Andresen requested removal of item e. Council Member Capowski requested removal of item d. Council Member Andresen suggested moving up Mr. Longiotti's item. Council Member Brown noted that she had some minor language changes.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 6 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING REQUESTING A MORE DETAILED PROPOSAL FROM MR. SAMUEL LONGIOTTI AND THAT IT BE PRESENTED TO THE LIBRARY BOARD OF TRUSTEES AND THE PARKS AND RECREATION COMMISSION (96-6-10/R-6)

WHEREAS, Mr. Samuel Longiotti has proposed to cooperate with the Town in developing shared parking and a playground on the Town's land next to the Siena Hotel property; and

WHEREAS, this proposal may be congruent with the master plan for the Town's land;

NOW THEREFORE BE IT RESOLVED that the Council of the Town of Chapel Hill requests a more detailed proposal from Mr. Longiotti, and that it be presented to the Parks and Recreation Commission and the Library Board of Trustees for their consideration and recommendations to the Town Council in September. Neighbors and any organization in close proximity will be notified of this action as well as times. Parks and Recreation and Library Board of Trustees will be considering this item.

This is the 10th day of June, 1996.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS D AND E. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(96-6-10/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 April 29, May 6, 25 and 22.

b. Accepting State-maintained roads (R-2).

c. Agreement with University Mall regarding transit service area (R-3).

d. Changes in ordinance regarding parks and recreation facilities (O-1)

e. Rescheduling hearing on proposed expansion of East Franklin corridor study (R-4).

f. Authorizing revision of 1985 greenways report and related work (R-5)

g. Referring proposal from Siena Hotel regarding possible joint use of or improvements to Town land in Pritchard Park (R-6).

h. Referring proposal from Town of Carrboro regarding land at Sunset Drive and Rosemary Street. Mayor Waldorf (R-7).

i. Calling hearing on proposal to require stormwater impact statements for new developments (R-8).

j. Deleted.

k. RTP computer network funding request (R-9).

This the 10^th day of June, 1996.

A RESOLUTION REQUESTING DELETION FROM STATE-MAINTAINED SYSTEM OF CERTAIN STREETS LYING WITHIN THE TOWN OF CHAPEL HILL, NORTH CAROLINA, AND FORMERLY MAINTAINED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS (96-6-10/R-2)

WHEREAS, the North Carolina Department of Transportation, Division of Highways, has maintained certain streets lying within the Town of Chapel Hill; and

WHEREAS, the Town of Chapel Hill will now assume maintenance responsibility for these streets;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town hereby agrees to provide all necessary maintenance on the 0.51 miles of streets in question, as set forth on the tabulation below; and the North Carolina Department of Transportation, Division of Highways, effective July 1, 1996, will discontinue all maintenance on said streets as of this date.

Listing of streets to be accepted for maintenance purposes by the Town of Chapel Hill effective July 1, 1996:

ORANGE COUNTY

SR NO NAME FROM TO LENGTH

2255 Dobbins Dr SR 1741 a point .11 mile .11 mile

east of SR 1741

1735 Old Oxford Road SR 1734 Cul-de-sac .4 mile

This the 10^th day of June, 1996.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT FOR THE OPERATION OF PUBLIC TRANSPORTATION WITH NORTH HILL PROPERTIES INC. (96-6-10/R-3)

WHEREAS, the Town operates public transportation service in the Towns of Chapel Hill and Carrboro including service to University Mall since 1974; and

WHEREAS, North Hills Property Inc. owns the University Mall shopping area and is interested in cooperating with the Town for the provision of public transportation services to that establishment;

THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to execute the attached agreement on behalf of the Town with North Hills Property Inc. for the operation of public transportation services to University Mall;

This the 10th day of June, 1996.

A RESOLUTION AUTHORIZING THE MANAGER TO USE $20,000 OF THE CAPITAL IMPROVEMENT PROGRAM FUNDS ALREADY ALLOCATED FOR THE GREENWAYS PROGRAM TO UPDATE THE 1985 GREENWAYS REPORT (96-6-10/R-5)

WHEREAS, the Council allocated $50,000 of FY 1995-96 Capital Improvements Program funds to the greenways program; and

WHEREAS, the Greenways Commission has recommended that $20,000 of that money be used to update the 1985 Greenways Report; and

WHEREAS, the 1985 Greenways Report is becoming obsolete as conditions change in Chapel Hill; and

WHEREAS, the public process of updating the 1985 Report could provide needed program direction from citizens and the Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to spend up to $20,000 of Capital Improvement Program funds already allocated to the greenways program to prepare an update of the 1985 Greenways Report.

This the 10^th day of June.

A RESOLUTION CALLING A PUBLIC HEARING ON MONDAY, NOVEMBER 18, 1996 TO RECEIVE COMMENTS REGARDING A PROPOSAL TO REQUIRE SUBMITTAL OF A STORMWATER IMPACT STATEMENT AS PART OF ALL SPECIAL USE PERMIT AND MAJOR SUBDIVISION APPLICATIONS (96-06-10/R-8)

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

WHEREAS, the Committee presented its final report to the Town Council on November 8, 1994; and

WHEREAS, the Committee's final report contained a recommendation that the approval process for new development include submittal of a Stormwater Impact Statement; and

WHEREAS, guidelines have been developed which outline specific requirements for preparation of an acceptable Stormwater Impact Statement, and

WHEREAS, the Town Council realizes that requiring Stormwater Impact Statements would involve additional time and expense for preparation and review of said statements.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a Public Hearing on Monday, November 18, 1996 to receive comments regarding a proposal to require a Stormwater Impact Statement as part of all Special Use Permit and major subdivision applications.

This is the 10th day of June, 1996

A RESOLUTION DENYING THE REQUEST OF RTPNET FOR $7400 (96-6-10/R-9)

WHEREAS, the Council of the Town of Chapel Hill has received a request from RTPnet for $7400 to help meet the group's goal of installing at least three RTPnet terminals in public places in Orange County, and

WHEREAS, the Council finds that privately funded organizations are beginning to post business, tourist and government information on electronic homepages, and

WHEREAS, the Town is currently using its resources to build a computer network to allow it to better use its own homepage to supplement its other means of providing information to residents,

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the request of RTPnet is denied.

This is the 10th day of June, 1996.

None of the information reports were removed for discussion.

PUBLIC ARTS COMMISSION

Mayor Waldorf said Resolution 8.1 would expand the membership of the Public Arts Commission.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 8.1. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION AMENDING THE NUMBER OF MEMBERS ON THE CHAPEL HILL PUBLIC ARTS COMMISSION TO 11 (ELEVEN) (96-6-10/R-8.1)

WHEREAS, The Chapel Hill Public Arts Commission currently has nine (9) members appointed by the Town Council; and

WHEREAS, the Chapel Hill Public Arts Commission has requested 2 (two) additional members appointed by the Town Council;

NOW, THEREFORE, BE IT RESOLVED that the number of members appointed by the Town Council to the Chapel Hill Public Arts Commission be increased to include two (2) additional members and that the total number of members is increased to eleven (11).

This the 10th day of June, 1996.

Council Member Evans noted that Council Member Franck, Planning Board Vice Chair Martin Rody and herself were in the process of interviewing Planning Board applicants and would report back to the Council on June 24th on appointment recommendations.

Mayor Waldorf noted that there was a proposal to add a County resident seat on the Parks and and Recration Commission. Council Member Pavao said he favored increasing the size of the Commission by one member and adding a County representative. Council Member Andresen said she wondered whether or not the swimming population was being served. Mayor Waldorf suggested that staff draft an ordinance change for follow-up at the Council's June 24th meeting. Council Members Pavao and Evans suggested making a similar change to the composition of the Library Board of Trustees.

Nominations and appointments were made to the following boards and commissions:

The Council unanimously nominated all applicants for future appointment consideration to the Library, OWASA and Planning boards.

The Council also made the following appointments:

Greenways Commission: Audrey Booth, Joe Herzenberg

Housing Board: Michael Ullman

Original voting ballots are on file in the Town Clerk's Office. Appointments to the Parks and Recreation Commission were referred, pending Commission review of recent applications.

Item 6 Overview of Proposed Budget

Mr. Horton presented an overview of the proposed budget, noting that he was proposing the addition of service hours for EZ-Rider and Blue Line routes. He said staff offered the budget ordinance for the Council's consideration this evening.

Stating that the Council had some good discussions at budget work sessions, Council Member Andresen suggested that next year's budget include a simplification of the Town's compensation system.

Council Member Brown said she did not feel that the Council had dealt effectively with the Town's merit pay system during the most recent budget review process. She also said that the Council needed to review the Outdoor Nature Program and other ways to economize during next year's budget review process.

Stating that the Town was one of a few local governments with small tax increases, Council Member Capowski said he would be happy to support Ordinance 4.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 4.

Council Member Chilton said he was sorry that a compromise proposal could not be worked out relative to bus fares. He also stated that although some significant steps had been taken, the matter of pay for the Town's lowest-paid employees was not completely resolved.

Noting that the proposed budget improved the relative status of the Town's lowest-paid employees, Mayor Waldorf expressed appreciation to the Manager and staff for development of the proposed budget.

ORDINANCE 4 WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996 (96-6-10/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill, the following appropriations are hereby made:

ARTICLE I

TOWN OPERATIONS

GENERAL FUND

Department Department Total

Mayor/Council 163,828

Town Manager 780,921

Personnel 445,854

Finance 790,725

Legal 139,418

Planning 740,430

Inspections 383,913

Engineering 632,316

Public Works 7,155,596

Police 6,105,247

Fire 2,786,363

Parks and Recreation 1,320,501

Library 1,407,481

Non-Departmental 3,332,292

GENERAL FUND TOTAL 26,184,885

OTHER TOWN FUNDS

Transportation Fund 5,481,280

Transportation Capital Reserve Fund 233,681

Debt Service Fund 1,925,025

Public Housing Fund 1,211,439

Neighborhood Revitalization Loan Fund 78,000

Housing Loan Trust Fund 132,125

On-Street Parking Fund 509,000

Off-Street Parking Facilities Fund 905,872

Library Gift Fund 34,000

Capital Improvements Fund 696,000

Capital Reserve Fund 650,000

Downtown Service District Fund 41,500

SUBTOTAL TOWN OPERATIONS 38,082,807

JOINT VENTURE (Chapel Hill, Orange County, Carrboro)

Landfill Fund 4,936,100

TOTAL TOWN AND JOINT VENTURE 43,018,907

ARTICLE II

It is estimated that the following revenues will be available during the fiscal year beginning July 1, 1996 and ending June 30, 1997 to meet the foregoing appropriations. It is determined that where estimated revenues are higher than the previous year, the increases were warranted.

TOWN OPERATIONS

General Fund Property Taxes 12,079,000

Other Taxes & Licenses 694,000

State-Shared Revenues 8,854,000

Grants 628,217

Charges for Services 730,300

Licenses/Permits/Fines 938,500

Interest on Investments 325,000

Other Revenues 247,500

Transfers/Other Sources 888,368

Fund Balance Appropriated 800,000

General Fund Total 26,184,885

OTHER TOWN FUNDS

Transportation Fund 5,481,280

Transportation Capital Reserve Fund 233,681

Debt Service Fund 1,925,025

Public Housing Fund 1,211,439

Neighborhood Revitalization Loan Fund 78,000

Housing Loan Trust Fund 132,125

On-Street Parking Fund 509,000

Off-Street Parking Facilities Fund 905,872

Library Gift Fund 34,000

Capital Improvements Fund 696,000

Capital Reserve Fund 650,000

Downtown Service District Fund 41,500

SUBTOTAL TOWN OPERATIONS 38,082,807

JOINT VENTURE (Chapel Hill, Orange County, Carrboro)

Landfill Fund 4,936,100

TOTAL TOWN OPERATIONS AND JOINT VENTURE 43,018,907

ARTICLE III

There is hereby levied the following tax on each one hundred dollars ($100) valuation of taxable property, located within the Town of Chapel Hill, as listed for taxes as of January 1, 1996 for the purpose of raising revenue from property tax as set forth in the foregoing estimates of revenues, and in order to finance the foregoing appropriations.

General Fund

(for the payment of expenses of

the Town of Chapel Hill) $0.543/100

Transportation Fund

(for the payment of expenses related to

transportation approved by referendum) $0.053/$100

TOTAL $0.596/$100

ARTICLE IV

There is hereby levied the following tax on each one hundred dollars ($100) valuation of taxable property located in the Downtown Revitalization Municipal Service District established by the Town Council's resolution of June 12, 1989:

Downtown Service District Fund $0.062/$100

This the 10th day of June, 1996.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 5, THE JULY 1, 1996 PAY AND CLASSIFICATION PLAN. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE ESTABLISHING A POSITION CLASSIFICATION AND PAY PLAN AND LONGEVITY PLAN FOR EMPLOYEES OF THE TOWN OF CHAPEL HILL AND BONDS OF OFFICIALS BEGINNING JULY 1, 1996 (96‑6‑10/O‑5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the salaries, bonds, wages, weekly work hours, certain benefits, and the number of Officials and employees of the Town of Chapel Hill are hereby fixed as follows:

SECTION I

SCHEDULE OF SALARY GRADES

SALARY

GRADE HIRING MID- MAXIMUM

NUMBER RATE POINT RATE

10 15,229 17,837 21,169

11 15,685 18,728 22,227

12 16,309 19,665 23,338

13 16,791 20,648 24,505

14 17,631 21,681 25,730

15 18,513 22,765 27,017

16 19,439 23,904 28,368

17 20,411 25,099 29,786

18 21,432 26,354 31,275

19 22,504 27,672 32,839

20 23,629 29,055 34,481

21 24,810 30,508 36,205

22 26,051 32,033 38,015

23 27,354 33,635 39,916

24 28,722 35,317 41,912

25 30,158 37,083 44,008

26 31,666 38,937 46,208

27 33,249 40,884 48,518

28 34,911 42,928 50,944

29 36,657 45,074 53,491

30 38,490 47,328 56,166

31 40,415 49,695 58,974

32 42,436 52,180 61,923

33 44,558 54,789 65,019

34 46,786 57,528 68,270

35 49,125 60,405 71,684

36 51,581 63,425 75,268

37 54,160 66,596 79,031

SECTION II

ALL EMPLOYEES A B C D E

WEEKLY AND BI-WEEKLY RATES 37.5 40 42 56 38.5

ANNUAL WKLY BI-WKLY HRLY HRLY HRLY HRLY HRLY

15,229 292.87 585.73 7.8097 7.3216 6.9730 5.2297 7.6069

15,685 301.63 603.27 8.0436 7.5409 7.1818 5.3863 7.8347

16,309 313.63 627.27 8.3636 7.8409 7.4675 5.6006 8.1464

16,791 322.90 645.81 8.6108 8.0726 7.6882 5.7661 8.3871

17,631 339.06 678.12 9.0415 8.4764 8.0728 6.0546 8.8067

18,513 356.02 712.04 9.4938 8.9005 8.4766 6.3575 9.2473

19,439 373.83 747.65 9.9687 9.3457 8.9006 6.6755 9.7098

20,411 392.52 785.04 10.4672 9.8130 9.3457 7.0093 10.1953

21,432 412.15 824.31 10.9908 10.3038 9.8132 7.3599 10.7053

22,504 432.77 865.54 11.5405 10.8192 10.3040 7.7280 11.2408

23,629 454.40 908.81 12.1174 11.3601 10.8191 8.1144 11.8027

24,810 477.12 954.23 12.7231 11.9279 11.3599 8.5199 12.3926

26,051 500.98 1001.96 13.3595 12.5245 11.9281 8.9461 13.0125

27,354 526.04 1052.08 14.0277 13.1510 12.5247 9.3935 13.6633

28,722 552.35 1104.69 14.7292 13.8087 13.1511 9.8633 14.3467

30,158 579.96 1159.92 15.4656 14.4990 13.8086 10.3565 15.0639

31,666 608.96 1217.92 16.2390 15.2240 14.4991 10.8743 15.8172

33,249 639.40 1278.81 17.0508 15.9851 15.2239 11.4179 16.6079

34,911 671.37 1342.73 17.9031 16.7841 15.9849 11.9887 17.4381

36,657 704.94 1409.88 18.7985 17.6236 16.7843 12.5883 18.3102

38,490 740.19 1480.38 19.7385 18.5048 17.6236 13.2177 19.2258

40,415 777.21 1554.42 20.7256 19.4303 18.5050 13.8788 20.1873

42,436 816.08 1632.15 21.7621 20.4019 19.4304 14.5728 21.1968

44,558 856.88 1713.77 22.8503 21.4221 20.4020 15.3015 22.2567

46,786 899.73 1799.46 23.9928 22.4933 21.4222 16.0666 23.3696

49,125 944.71 1889.42 25.1923 23.6178 22.4931 16.8698 24.5380

51,581 991.94 1983.88 26.4518 24.7986 23.6177 17.7133 25.7647

54,160 1041.54 2083.08 27.7744 26.0385 24.7985 18.5989 27.0529

SECTION IV

AUTHORIZED POSITIONS

A. Bonded Positions

Positions Bond

Director of Finance $200,000

Other Employees (blanket) $100,000

B. Elected and Appointed Officials

Position No.

Mayor 1 $ 12,500

Council Members 8 $ 7,500

Town Manager 1 $ 85,439

Town Attorney 1 $ 78,950

Assistant to the Mayor 1 Grade 24 (part-time)

C. Full- and Part-Time Positions

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

TOWN MANAGER'S OFFICE

Assistant Town Manager 2 * - - 37

Info.Services Coord./Town Clerk 1 * - - 27

Assistant to the Manager 1 * - - 25

Deputy Clerk/ADA Coordinator 1 37.5 - - 21

Executive Secretary 1 37.5 - - 17

Word Processor 2 37.5 - - 15

Secretary I 1 37.5 - - 12

Information Services Technician 1 37.5 - - 11

PERSONNEL

Personnel Director 1 * - - 33

Senior Personnel Analyst 1 37.5 - - 27

Personnel Analyst II 1 37.5 - - 25

Personnel Analyst I 1 37.5 - - 23

Safety and Wellness Coordinator 1 37.5 - - 23

Personnel Technician 1 37.5 - - 18

Receptionist/Personnel Asst. 1 37.5 - - 14

Clerk - - 1 27.5 11

FINANCE

Finance Director 1 * - - 34

Accounting & Finan. Systems Mgr 1 37.5 - - 32

Accountant 1 37.5 - - 28

Purchasing & Contracts Officer 1 37.5 - - 28

Computer System Specialist 1 37.5 - - 25

Accounting Technician III 1 37.5 1 20 21

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

Accounting Technician II 1 37.5 - - 19

Revenue Collector 1 37.5 - - 19

Buyer - - 1 30 19

Payroll Technician 1 37.5 - - 18

Accounting Clerk 1 37.5 - - 14

Purchasing Clerk - - 1 30 13

Clerk - - 2 20 11

PLANNING

Planning Director 1 * - - 35

Development Coordinator 1 37.5 - - 29

Senior Planner 2 37.5 - - 28

Planner (Levels I - II) 7 37.5 1 20 23-25

Office Manager 1 37.5 - - 18

Drafting Specialist 1 37.5 - - 18

Planning Technician 1 37.5 - - 17

Secretary I 1 37.5 - - 12

INSPECTIONS

Inspections Director 1 * - - 33

Inspector (Levels I - III) 5 37.5 - - 21-23

Permits Technician 1 37.5 - - 16

ENGINEERING

Engineering Director 1 * - - 34

Traffic Engineer 1 37.5 - - 30

Engineering Services Adm. 1 37.5 - - 28

Engineering Operations Adm. 1 37.5 - - 27

Engineering Design Specialist 1 37.5 - - 24

Surveyor 1 37.5 - - 24

Engineering Inspector 1 37.5 - - 22

GIS Technician - - 1 20 21

Engineering Technician 1 37.5 - - 18

Drafting Specialist 1 37.5 - - 18

Secretary III 1 37.5 - - 16

POLICE (SUPPORT SERVICES)

Police Chief 1 * - - 35

Police Legal Advisor - - 1 30 30

Police Analyst 1 37.5 - - 27

Police Captain 1 40 - - 30

Police Lieutenant 2 40 - - 27

Sergeant 1 40/42 - - 25

Crisis Unit Supervisor 1 40 - - 28

Crisis Counselor 2 40 - - 25

Human Services Coordinator 1 40 - - 24

Alternative Sentencing Coord. 1 40 - - 24

Police Detention/Info. Spec. 5 38.5 - - 19

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

Executive Secretary 1 37.5 - - 17

Records Specialist 3 37.5 - - 13

Alternative Sentencing Assistant 1 37.5 - - 19

POLICE (PATROL)

Police Captain 1 40 - - 30

Police Lieutenant 5 40/42 - - 27

Police Sergeant 6 40/42 - - 25

Police Offr. (Levels I - IV) 68 40/42 - - 21-24**

POLICE (INVESTIGATIONS)

Police Captain 1 40 - - 30

Police Lieutenant 1 40/42 - - 27

Police Sergeant 1 40/42 - - 25

Evidence and ID Specialist 1 40 - - 24

Police Offr. (Levels I - IV) 8 40/42 - - 21-24**

Secretary III 1 37.5 - - 16

FIRE (ADMINISTRATION)

Fire Chief 1 * - - 34

Deputy Fire Chief 1 40 - - 28

Fire Admin. Officer/Captain 1 40 - - 25

Secretary II 1 37.5 - - 14

FIRE (SUPPRESSION)

Assistant Fire Chief 3 56 - - 27

Fire Captain 12 56 - - 24

Fire Equip. Oper./Firefighter 33 56 - - 18-21**

FIRE (PREVENTION)

Fire Marshal 1 40 - - 28

Assistant Fire Marshall 1 40 - - 23

PUBLIC WORKS (MANAGEMENT AND SUPPORT SERVICES)

Public Works Director 1 * - - 35

Landscape Architect/Urban Forester 1 40 - - 25

Administrative Analyst 1 40 - - 25

Office Manager 1 37.5 - - 18

Drafting Specialist - - 1 20 18

Accounting Clerk 1 37.5 - - 14

Secretary I 1 37.5 - - 12

PUBLIC WORKS (INTERNAL SERVICES)

Internal Services Superintendent 1 40 - - 28

Buildings Program Supervisor 1 40 - - 24

Fleet Supervisor 1 40 - - 24

Maintenance Mech. (Levels I - III) 5 40 - - 14-20

Mechanic (Levels I - II) 5 40 - - 16-20

Fire Equipment Mechanic 1 40 - - 20

Parts Manager 1 40 - - 19

Groundskeeper (I, II) 1 40 - - 11-13

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

PUBLIC WORKS (SANITATION)

Sanitation Superintendent 1 40 - - 26

Sanitation Supervisor 2 40 - - 20

Sanitation Equipment Oper. II 6 40 - - 17

Sanitation Equipment Oper. I 10 40 - - 15

Sanitation Collector II 4 40 - - 12

Sanitation Collector I 16 40 - - 11

PUBLIC WORKS (FIELD OPERATIONS)

Streets

Field Oper. Admin. 1 40 - - 28

Streets Supervisor 1 40 - - 23

Streets Inspector 1 40 - - 20

Streets Crew Leader 1 40 - - 17

Construction Worker (Levels I - III 2 40 - - 13-17

Laborer (I, II, III) 6 40 - - 10-12

Construction

Construction Supervisor 1 40 - - 23

Construction Worker (Levels I - III) 8 40 - - 13-17

Traffic

Traffic Program Supervisor 1 40 - - 25

Traffic Signal Technician 1 40 - - 21

Traffic Assistant II 1 40 - - 16

Traffic Signal Assistant 1 40 - - 14

Traffic Assistant I 1 40 - - 12

Right-of-way/Drainage

Streets Supervisor 1 40 - - 23

Arborist 1 40 - - 18

Construction Worker (Levels I - III) 3 40 - - 13-17

Assistant Arborist 1 40 - - 13

Laborer (I, II, III) 5 40 - - 10-12

PUBLIC WORKS (LANDSCAPE)

Landscape Operations

Superintendent 1 40 - - 26

Grounds Program Supervisor 1 40 - - 20

Landscape Supervisor 2 40 - - 17

Groundskeeper (Levels I - III) 15 40 - - 11-14

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

PARKS AND RECREATION

Parks and Recreation Director 1 * - - 33

Recreation Superintendent 2 37.5 - - 25

Administrative Analyst 1 37.5 - - 25

Recreation Center Supervisor 2 40 - - 22

Recreation Specialist 5 37.5 1 20 21

Office Manager 1 40 - - 18

Asst. Recreation Center Superv. 1 40 1 30-35 17

Secretary I 1 40 1 20 12

Desk Attendant 1 37.5 1 22-32 10

TRANSPORTATION (ADMINISTRATION)

Transportation Director 1 * - - 35

Administrative Analyst 1 37.5 - - 25

Grants Coordinator 1 37.5 - - 23

Secretary III 1 37.5 - - 16

TRANSPORTATION (OPERATIONS)

Transportation Operations Supt. 1 40 - - 28

Asst. Transporta. Operat. Supt. 1 40 - - 22

Transportation Operat. Superv. 4 40 - - 20

Transit Dispatcher 4 40 1 varies 19

E.Z. Rider Driver 5 40 - - 16

Bus Driver 54 37.5‑40 31 varies 15

Secretary II 1 37.5 - - 14

Shared Ride Driver 3 37.5-40 5 varies 14

TRANSPORTATION (EQUIPMENT MAINTENANCE)

Trans. Maintenance Superinten. 1 40 - - 27

Mechanic Supervisor 2 40 - - 22

Electronics Technician/Mechanic 1 40 - - 21

Mechanic (Levels I - II) 4 40 - - 16-20

Parts Manager 1 40 - - 19

Service Attendant II 1 40 - - 13

Service Attendant I 4 40 - - 11

TRANSPORTATION (PARKING)

Parking Services Superintendent 1 40 - - 25

Parking Services Supervisor II 1 37.5 - - 19

Parking Services Supervisor I 1 37.5 - - 16

Parking Enforcement Officer 3 37.5 - - 13

Parking Records Specialist 1 37.5 - - 13

Parking Lot Attendant II 1 37.5 - - 12

Parking Lot Attendant I 4 37.5 - - 10

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

LIBRARY

Library Director 1 * - - 33

Librarian III 2 37.5 1 30 24

Librarian II 1 37.5 1 30 22

Librarian I - - 1 30 21

Library Technical Assistant 1 37.5 1 30 17

Executive Secretary 1 37.5 - - 17

Library Assistant III 2 37.5 2 20 16

Bookmobile Assistant 1 37.5 - - 16

Library Assistant II 5 37.5 - - 15

Library Processing Clerk II - - 2 20-25 14

Library Processing Clerk I 1 37.5 1 20 12

Library Assistant I - - 8 20‑25 12

HOUSING

Housing Director 1 * - - 33

Asst. Housing Director 1 37.5 - - 28

Housing Mainte. Prog. Superint. 1 40 - - 25

Maintenance Mechanic (Lvl. I-III) 7 40 - - 14-20

Housing Officer 1 37.5 - - 19

Rehabilitation Technician 1 40 - - 16

Housing Assistant 1 37.5 - - 16

Resident Activities Coord. 1 37.5 - - 16

Secretary II 1 37.5 - - 14

Maintenance Clerk 1 37.5 - - 11

Laborer I 2 40 - - 10

SOLID WASTE MANAGEMENT (OPERATIONS)

Solid Waste Management Director 1 * - - 33

Environmental Engineer 1 40 - - 30

Landfill Manager 1 40 - - 26

Administrative Analyst 1 40 - - 25

Landfill Equipment Mechanic 1 40 - - 21

Landfill Inspector 1 40 - - 17

Landfill Equipment Operator 7 40 - - 17

Secretary II 1 37.5 - - 14

Weighmaster II 1 40 - - 14

Weighmaster I 1 40 - - 13

Secretary I - - 1 30 12

SOLID WASTE MANAGEMENT (RECYCLING)

Recycling Program Manager 1 40 - - 26

Recycling Specialist II 1 40 - - 23

Recycling Specialist I 1 40 - - 21

Recycling Technician 1 40 - - 19

Sanitation Equipment Oper. II 1 40 - - 17

Groundskeeper II 1 40 - - 13

D. Specific Contract Classifications*

General No. Hrs. Salary

Bus Driver varies avg 6‑40 Grade 15

Special Events Drivers varies avg 10-15 Grade 15

Shared-Ride Drivers varies varies Grade 14

Equipment Operator 2 varies Grade 13-19

Mosquito Control Officer 1 seasonal $7.00 - $10.50

Police Officer varies 5-7.5/event 1.5 x current pay

Library Assistant I 7 10-15 Grade 12

Library Assistant I (summer months) 2 20 Grade 12

Library Aide (summer months) 2 20 $6.17 - $8.50

Library Page varies 10‑20 from $4.50

Maintenance Aide I varies 40 from $4.50/hr.

Parking Lot Attendant varies less than 20 Grade 10

Police Security Monitors 10-20 varies $7.00 - $10.00

School Crossing Guard 6 3/day $8.00- $10.00/hr.

Student Intern varies varies $4.50- $13.00/hr.

Legal Assistant 1 10 Grade 25

Relief Crisis Counselor 3 25-50/mo. from $13.00/hr.

Firefighter 6 max. 56/mo. from $7.75/hr.

Parks and Recreation

Recreation Program Assistant 3 20‑40 $5.00 - $8.50

Class Instructor varies varies $4.50-$15.00/hr.

Athletic Supervisor varies varies $4.50-$8.00/hr.

Game Official varies varies $4.50 - $15.00/game

Gym/Center Supervisor (MAE) varies varies from $6.00/hr.

Scorer-Timer varies varies $6.50- $9.50/game

Pool Manager 2 varies from $7.50/hr.

Assistant Pool Manager 5 varies from $7.00/hr.

Desk Attendant varies varies from $5.00/hr.

Lifeguard varies varies from $6.00/hr.

Swim Instructor varies varies from $6.25/hr.

Cashier (summer) 3 10-40 from $4.50/hr.

Climbing Wall Supervisor varies varies from $6.00/hr.

Summer Classifications (used for 6 to 8 weeks during the summer):

Day Camp Counselor 25 15‑44 $6.00- $7.75/hr.

Day Camp Director 5 20‑55 $7.00 - $9.50/hr.

*Other titles and salaries, including those of regular classifications may be used for contract positions on a temporary basis, as approved by the Manager. Also, number of positions and the hours may vary; however, estimates are given.

SECTION V

GENERAL PROVISIONS

All Town employees shall be paid bi-weekly or weekly. The Finance Director shall issue warrants for payments of all claim for compensation when approved by the Town Manager and within the appropriation, and shall issue warrants bi-weekly for payments of compensation of members of the Council and the Mayor upon certification of the correctness of the amounts.

SECTION VI

OVERTIME COMPENSATION

To the extent that local government jurisdictions are so required, the Town will comply with the Fair Labor Standards Act (FLSA).

The Manager, following FLSA regulations, shall determine which jobs are "non-exempt" and are therefore subject to the Act in areas such as hours of work and work periods, rates of overtime compensation, and other provisions. Non-exempt employees will be paid at a straight time rate for hours up to the FLSA established limit for their position (usually 40 hours in a 7 day period); hours worked beyond the FLSA established limit will be paid at the appropriate overtime rate. In determining eligibility for overtime in a work period, only hours actually worked shall be considered.

Whenever practicable, departments will schedule time off on an hour-for-hour basis within the applicable work period for non-exempt employees, instead of paying over-time. When time off within the work period cannot be granted, overtime worked will be paid in accordance with the Fair Labor Standards Act. However, in accordance with FLSA and when approved in advance by the Manager, non-exempt employees may be allowed to accrue compensatory time in lieu of being paid overtime. This compensatory time must be accrued as an hour-and-a-half off for every hour of overtime worked.

Employees in positions determined to be "exempt" from the Fair Labor Standards Act (as Executive, Administrative, or Professional staff) will not receive pay for hours worked in excess of their normal work periods. These employees may be granted compensatory leave by their department heads where the convenience of the department allows.

SECTION VII

CALLBACK PAY

Employees in classes eligible for overtime compensation whose supervisors require them, because of emergencies, to report to work at times which are not merely an extension of their normal work days will be paid for a minimum of two hours of work, even if their actual work time was shorter. Extensions of employees' normal work days, either by their being required to report early or by their being required to work beyond their normal quitting times, shall be covered by the over-time/compensatory leave provisions of Section VI of this ordinance.

SECTION VIII

LONGEVITY PAY

The Town will recognize the length of service of its full-time employees with a longevity payment, effective in December. Payment shall be based on the following schedule:

At least 5 years, not more than 10 years of service -- $400

At least 10 years, not more than 15 years of service -- $550

At least 15 years, not more than 20 years of service -- $700

At least 20 or more years of service -- $850

Part-time employees' payments will be prorated based on their hours of work, as specified in policies approved by the Manager.

An employee's eligibility for longevity pay will be based on his/her total Town service as of December 1 of each year.

SECTION IX

401(K) PROGRAM

The Town will contribute 5% of gross salary for full- and part-time employees to an account with the State of North Carolina's 401(K) (tax deferred savings) program, coincident with that employee's membership in the NC Local Government Employee's Retirement System.

This the 10th day of June, 1996.

Council Member Andresen inquired about the Town's practice for comparing pay rates. Mr. Horton said the past practice had been to compare midpoints, rather than the third quartile, as was the revised practice for lower salary ranges.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 6. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE ESTABLISHING A POSITION CLASSIFICATION AND PAY PLAN AND LONGEVITY PLAN FOR EMPLOYEES OF THE TOWN OF CHAPEL HILL AND BONDS OF OFFICIALS BEGINNING OCTOBER 1, 1996 (96‑6‑10/O‑6)

SECTION I

SCHEDULE OF SALARY GRADES

SALARY

GRADE HIRING MID- MAXIMUM

NUMBER RATE POINT RATE

11 17,262 19,196 22,783

12 17,408 20,156 23,922

13 17,555 21,164 25,118

14 18,253 22,223 26,374

15 18,976 23,335 27,693

16 19,925 24,502 29,078

17 20,921 25,727 30,532

18 21,967 27,013 32,059

19 23,065 28,364 33,662

20 24,218 29,782 35,345

21 25,429 31,271 37,112

22 26,700 32,834 38,968

23 28,035 34,476 40,916

24 29,437 36,200 42,962

25 30,909 38,010 45,110

26 32,454 39,910 47,366

27 34,077 41,906 49,734

28 35,781 44,001 52,221

29 37,570 46,201 54,832

30 39,449 48,512 57,574

31 41,421 50,937 60,453

32 43,492 53,484 63,476

33 45,667 56,159 66,650

34 47,950 58,967 69,983

35 50,348 61,915 73,482

36 52,865 65,011 77,156

37 55,508 68,261 81,014

· includes revisions through 7/1/96.

SECTION IV

AUTHORIZED POSITIONS

A. Bonded Positions

Positions Bond

Director of Finance $200,000

Other Employees (blanket) $100,000

B. Elected and Appointed Officials

Position No.

Mayor 1 $ 12,500

Council Members 8 $ 7,500

Town Manager 1 $ 85,439

Town Attorney 1 $ 78,950

Assistant to the Mayor 1 Grade 24 (part-time)

C. Full- and Part-Time Positions

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

TOWN MANAGER'S OFFICE

Assistant Town Manager 2 * - - 37

Town Clerk 1 * - - 28

Assistant to the Manager 1 * - - 26

Deputy Clerk/ADA Coordinator 1 37.5 - - 22

Executive Secretary 1 37.5 - - 18

Word Processor II 1 37.5 - - 17

Word Processor I 1 37.5 - - 16

Secretary II 1 37.5 - - 15

Information Services Technician 1 37.5 - - 13

PERSONNEL

Personnel Director 1 * - - 34

Senior Personnel Analyst 1 37.5 - - 28

Personnel Analyst II 1 37.5 - - 26

Personnel Analyst I 1 37.5 - - 25

Safety and Wellness Coordinator 1 37.5 - - 26

Personnel Technician 1 37.5 - - 18

Receptionist/Personnel Asst. 1 37.5 - - 15

Secretary I - - 1 27.5 13

FINANCE

Finance Director 1 * - - 35

Accounting & Systems Mgr. 1 37.5 - - 32

Accounting Services Supv. 1 37.5 - - 29

Purchasing & Contracts Officer 1 37.5 - - 28

Computer System Specialist 1 37.5 - - 25

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

Accounting Technician III 1 37.5 1 20 22

Accounting Technician II 1 37.5 - - 20

Revenue Collector 1 37.5 - - 19

Buyer - - 1 30 20

Accounting Technician I 1 37.5 - - 18

Accounting Clerk 1 37.5 - - 15

Purchasing Clerk - - 1 30 14

Clerk - - 2 20 12

PLANNING

Planning Director 1 * - - 36

Planning Program Coordinator 2 37.5 - - 30

Senior Planner 2 37.5 - - 28

Planner (Levels I - II) 6 37.5 1 20 24-26

Office Manager 1 37.5 - - 19

Drafting Specialist 1 37.5 - - 19

Planning Technician 1 37.5 - - 19

Secretary I 1 37.5 - - 13

INSPECTIONS

Inspections Director 1 * - - 33

Inspector (Levels I - III) 5 37.5 - - 22-24

Permits Technician 1 37.5 - - 19

ENGINEERING

Engineering Director 1 * - - 35

Traffic Engineer 1 37.5 - - 30

Senior Engineering Coordinator 2 37.5 - - 28

Surveyor/Project Coordinator 1 37.5 - - 27

Engineering Design Specialist 1 37.5 - - 26

Engineering Inspector 1 37.5 - - 24

GIS Technician - - 1 20 21

Engineering Technician 1 37.5 - - 19

Drafting Specialist 1 37.5 - - 19

Secretary III 1 37.5 - - 17

POLICE (SUPPORT SERVICES)

Police Chief 1 * - - 36

Police Legal Advisor - - 1 30 30

Police Analyst 1 37.5 - - 27

Police Captain 1 40 - - 30

Police Lieutenant 2 40 - - 27

Sergeant 1 40/42 - - 25

Crisis Unit Supervisor 1 40 - - 28

Crisis Counselor 2 40 - - 25

Human Services Coordinator 1 40 - - 24

Alternative Sentencing Coord. 1 40 - - 24

Police Information Specialist 5 38.5 - - 17

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

Alternative Sentencing Assistant 1 37.5 - - 19

Executive Secretary 1 37.5 - - 18

Records Specialist 3 37.5 - - 15

POLICE (PATROL)

Police Captain 1 40 - - 30

Police Lieutenant 5 40/42 - - 27

Police Sergeant 6 40/42 - - 25

Police Offr. (Levels I - IV) 68 40/42 - - 21-24**

POLICE (INVESTIGATIONS)

Police Captain 1 40 - - 30

Police Lieutenant 1 40/42 - - 27

Police Sergeant 1 40/42 - - 25

Evidence and ID Specialist 1 40 - - 24

Police Offr. (Levels I - IV) 8 40/42 - - 21-24**

Secretary III 1 37.5 - - 17

FIRE (ADMINISTRATION)

Fire Chief 1 * - - 35

Deputy Fire Chief 1 40 - - 29

Asst. Fire Chief 1 40 - - 27

Secretary III 1 37.5 - - 17

FIRE (SUPPRESSION)

Battalion Fire Chief 3 56 - - 27

Fire Captain 12 56 - - 25

Fire Equip. Oper./Firefighter 33 56 - - 19-22**

FIRE (PREVENTION)

Deputy Fire Chief 1 40 - - 29

Fire Captain 1 40 - - 25

PUBLIC WORKS (MANAGEMENT AND SUPPORT SERVICES)

Public Works Director 1 * - - 36

Landscape Architect/Urban Forester 1 40 - - 26

Administrative Analyst 1 40 - - 26

Office Manager 1 37.5 - - 19

Landscape Designer - - 1 20 21

Accounting Clerk 1 37.5 - - 15

Secretary II 1 37.5 - - 15

PUBLIC WORKS (INTERNAL SERVICES)

Internal Services Superintendent 1 40 - - 28

Buildings Program Supervisor 1 40 - - 24

Fleet Supervisor 1 40 - - 24

Maintenance Mech. (Levels I - III) 5 40 - - 14-20

Mechanic (Levels I - II) 6 40 - - 16-20

Parts Manager 1 40 - - 19

Maintenance Clerk 1 40 - - 12

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

PUBLIC WORKS (SANITATION)

Sanitation Superintendent 1 40 - - 27

Sanitation Supervisor 2 40 - - 21

Sanitation Equipment Oper. III 6 40 - - 17

Sanitation Inspector 1 40 - - 17

Sanitation Equipment Oper. II 10 40 - - 16

Sanitation Equipment Oper. I 4 40 - - 13

Sanitation Collector (Levels I - II) 16 40 - - 12-13

PUBLIC WORKS (FIELD OPERATIONS)

Streets

Field Oper. Admin. 1 40 - - 28

Streets Supervisor 1 40 - - 23

Streets Inspector 1 40 - - 20

Streets Crew Leader 1 40 - - 17

Construction Worker (Levels I - V) 8 40 - - 11-17

Construction

Construction Supervisor 1 40 - - 23

Construction Worker (Levels III-V) 8 40 - - 13-17

Traffic

Traffic Program Supervisor 1 40 - - 25

Traffic Signal Technician 1 40 - - 21

Traffic Assistant II 1 40 - - 16

Traffic Signal Assistant 1 40 - - 14

Traffic Assistant I 1 40 - - 12

Right-of-way/Drainage

Streets Supervisor 1 40 - - 23

Arborist 1 40 - - 19

Construction Worker (Levels I - V) 8 40 - - 11-17

Assistant Arborist 1 40 - - 13

PUBLIC WORKS (LANDSCAPE)

Landscape Operations

Superintendent 1 40 - - 27

Landscape Supervisor II 1 40 - - 20

Landscape Supervisor I 2 40 - - 18

Groundskeeper (Levels I - III) 15 40 - - 11-14

PARKS AND RECREATION

Parks and Recreation Director 1 * - - 33

Recreation Superintendent 2 37.5 - - 26

Administrative Analyst 1 37.5 - - 26

Recreation Center Supervisor 2 40 - - 23

Recreation Specialist 5 37.5 1 20 21

Office Manager 1 40 - - 19

Asst. Recreation Center Superv. 1 40 1 30-35 19

Secretary I 1 40 1 20 13

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

Desk Attendant 1 37.5 1 22-32 11

TRANSPORTATION (ADMINISTRATION)

Transportation Director 1 * - - 35

Administrative Analyst 1 37.5 - - 26

Grants Coordinator 1 37.5 - - 23

Secretary III 1 37.5 - - 17

TRANSPORTATION (OPERATIONS)

Transportation Operations Supt. 1 40 - - 28

Asst. Transporta. Operat. Supt. 1 40 - - 22

Transportation Operat. Superv. 4 40 - - 20

Transit Dispatcher 4 40 1 varies 19

Secretary III 1 37.5 - - 17

E.Z. Rider Driver 5 40 - - 16

Bus Driver 54 37.5‑40 31 varies 15

Shared Ride Driver 3 37.5-40 5 varies 14

TRANSPORTATION (EQUIPMENT MAINTENANCE)

Trans. Maintenance Superinten. 1 40 - - 27

Mechanic Supervisor 2 40 - - 22

Electronics Technician/Mechanic 1 40 - - 21

Mechanic (Levels I - II) 4 40 - - 16-20

Parts Manager 1 40 - - 19

Service Attendant II 1 40 - - 14

Service Attendant I 4 40 - - 12

TRANSPORTATION (PARKING)

Parking Services Superintendent 1 40 - - 25

Parking Services Supervisor II 1 37.5 - - 20

Parking Services Supervisor I 1 37.5 - - 16

Records Specialist 1 37.5 - - 15

Parking Enforcement Officer 3 37.5 - - 13

Parking Lot Attendant II 1 37.5 - - 12

Parking Lot Attendant I 4 37.5 - - 11

LIBRARY

Library Director 1 * - - 33

Librarian III 3 37.5 1 30 25

Librarian II - - 1 30 23

Librarian I - - 1 30 22

Office Manager 1 37.5 - - 19

Circulation Supv. 1 37.5 1 30 18

Library Assistant III 2 37.5 2 20 16

Library Asst. III/Outreach Specialist 3 37.5 - - 16

Library Assistant II 3 37.5 - - 15

Library Processing Technician 1 37.5 3 20-25 15

Library Assistant I - - 8 20‑25 13

Full-Time Part-Time

Position No. Hrs. No. Hrs. Grade No.

HOUSING

Housing Director 1 * - - 33

Asst. Housing Director 1 37.5 - - 28

Housing Mainte. Prog. Superint. 1 40 - - 25

Maintenance Mechanic (Lvl. I-III) 7 40 - - 14-20

Housing Officer 1 37.5 - - 20

Housing Assistant 1 37.5 - - 19

Resident Activities Coord. 1 37.5 - - 17

Secretary III 1 37.5 - - 17

Rehabilitation Technician 1 40 - - 16

Maintenance Clerk 1 37.5 - - 12

Construction Worker (Level I - III) 2 40 - - 11-13

SOLID WASTE MANAGEMENT (OPERATIONS)

Solid Waste Management Director 1 * - - 34

Environmental Engineer 1 40 - - 30

Landfill Manager 1 40 - - 26

Administrative Analyst 1 40 - - 26

Landfill Operations Supv. 1 40 - - 23

Landfill Inspector 1 40 - - 17

Landfill Equipment Operator 7 40 - - 17

Secretary II 1 37.5 - - 15

Weighmaster 2 40 - - 15

Secretary I - - 1 30 13

SOLID WASTE MANAGEMENT (RECYCLING)

Recycling Program Manager 1 40 - - 26

Recycling Specialist II 3 40 - - 23

Recycling Specialist I 1 40 - - 21

Sanitation Equipment Oper. II 1 40 - - 17

Groundskeeper (Levels I - III) 1 40 - - 11-14

D. Specific Contract Classifications*

General No. Hrs. Salary

Bus Driver varies avg 6‑40 Grade 15

Special Events Drivers varies avg 10-15 Grade 15

Shared-Ride Drivers varies varies Grade 14

Equipment Operator 2 varies Grade 13-19

Mosquito Control Officer 1 seasonal $7.00 - $10.50

Police Officer varies 5-7.5/event 1.5 x current pay

Library Assistant I 7 10-15 Grade 13

Library Assistant I (summer months) 2 20 Grade 13

Library Aide (summer months) 2 20 $6.17 - $8.50

Library Page varies 10‑20 from $4.50

Maintenance Aide I varies 40 from $4.50/hr.

Parking Lot Attendant varies less than 20 Grade 11

Police Security Monitors 10-20 varies $7.00 - $10.00

School Crossing Guard 6 3/day $8.00 - $10.00/hr.

Student Intern varies varies $4.50- $13.00/hr.

Legal Assistant 1 10 Grade 25

Relief Crisis Counselor 3 25-50/mo. from $13.00/hr.

Firefighter 6 max. 56/mo. from $7.75/hr.

Parks and Recreation

Recreation Program Assistant 3 20‑40 $5.00 - $8.50

Class Instructor varies varies $4.50 - $15.00/hr.

Athletic Supervisor varies varies $4.50 - $8.00/hr.

Game Official varies varies $4.50 - $15.00/game

Gym/Center Supervisor (MAE) varies varies from $6.00/hr.

Scorer-Timer varies varies $6.50 - $9.50/game

Pool Manager 2 varies from $7.50/hr.

Assistant Pool Manager 5 varies from $7.00/hr.

Desk Attendant varies varies from $5.00/hr.

Lifeguard varies varies from $6.00/hr.

Swim Instructor varies varies from $6.25/hr.

Cashier (summer) 3 10-40 from $4.50/hr.

Climbing Wall Supervisor varies varies from $6.00/hr.

Summer Classifications (used for 6 to 8 weeks during the summer):

Day Camp Counselor 25 15‑44 $6.00 - $7.75/hr.

Day Camp Director 5 20‑55 $7.00 - $9.50/hr.

SECTION V

GENERAL PROVISIONS

SECTION VI

OVERTIME COMPENSATION

To the extent that local government jurisdictions are so required, the Town will comply with the Fair Labor Standards Act (FLSA).

SECTION VII

CALLBACK PAY

SECTION VIII

LONGEVITY PAY

The Town will recognize the length of service of its full-time employees with a longevity payment, effective in December. Payment shall be based on the following schedule:

At least 5 years, not more than 10 years of service -- $400

At least 10 years, not more than 15 years of service -- $550

At least 15 years, not more than 20 years of service -- $700

At least 20 or more years of service -- $850

Part-time employees' payments will be prorated based on their hours of work, as specified in policies approved by the Manager.

An employee's eligibility for longevity pay will be based on his/her total Town service as of December 1 of each year.

SECTION IX

401(K) PROGRAM

This the 10th day of June, 1996.

Mr. Horton said adoption of Resolution 10, changing the 401(k) contribution initiation program, would save the Town about $30,000 per year.

** Resolution 10 is about setting policy on surveying wages rates for lowest paid jobs, Ordinance 7 is about changes in the retirement system

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON,

TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION REGARDING SALARY SURVEYS AND WAGES: (96-6-10/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the following governmental organizations shall be surveyed and considered in determining pay comparability of positions of the Town:

The State of North Carolina (UNC-CH campus and hospital), Durham, Durham County, Orange County, Carrboro, OWASA, Raleigh, Cary, and Wake County

Local governments of similar size and in other states in the region may be surveyed and considered in determining comparability of department head positions.

Data from private industry and from other organizations will be obtained and considered to the extent such data is made available to the Town.

In determining comparability of Town positions to the employment market, the following general principles shall apply to the budget prepared by the Town Manager

(1) The lowest pay rate for regular full-time positions should be set in the proposed budget at approximately $1,000 over the federal poverty wage for a family of four; that wage shall be indexed for the cost of living of Chapel Hill as calculated in the United States Chamber of Commerce or other studies. (The hourly rate for regular part-time employees would also reflect these principles, although the actual annual salary would depend on the number of hours worked.) Calculation will be done once annually, in conjunction with adoption of the new fiscal year budget and the new classification and pay plan.

(2) The approximate middle of the market shall be used to determine local market comparability for Town positions above the lowest four salary grades..

(3) The approximate third quartile of market data shall be used to determine local market comparability for the lowest paid Town positions (generally the lowest 4 salary grades representing approximately 10% to 20% of positions).

Salary policies are subject to modifications by Council at the time any budget is adopted or at other times as determined by the Council.

This the 10th day of June, 1996.

Mr. Horton said that user fees, excepting bus fares, were recommended to remain unchanged.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 11.

Council Member Capowski inquired about the possibility of hiring more planners using development-related fees. Mr. Horton said this would only be possible if fees were raised even higher. Council Member Andresen asked why fees were waived for the University and University Hospitals. Mr. Horton said the Town did not typically inspect State projects.

RESOLUTION 11 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING USER FEE POLICIES AND SCHEDULES FOR VARIOUS TOWN DEPARTMENTS (96-6-10/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts, effective on July 1, 1996, the attached user fee policies and schedules as submitted by the Town Manager on June 5, 1996:

Town Council Agenda Packet Fees

Development Review User Fees

Inspections User Fee Policy

Building Inspections Permit Fees: General Policy and Fee Schedule

Engineering Department's Inspection Fee Policy

Municipal Cemetery Fee Schedule

Sanitation User Fee Policy

Street Cut Policy

Police Department Towing and Fee Schedule

Fire Department Permit Fee Policy

Parks and Recreation User Fee Policy

Chapel Hill Public Library Fines and Fees Policies and Schedules

Landfill User Fees

Transportation User Fees, Policies and Schedules

Municipal Parking User Fee Rates and Schedules

This the 10th day of June, 1996.

TOWN COUNCIL AGENDA PACKET FEE

The Town of Chapel Hill produces Town Council agenda packets for interested persons. Depending upon individual preference, materials are either mailed or picked up at the Town Hall.

Fees are set to capture all estimated postage costs and estimated production (paper, unit rental and supplies) costs.

Proposed Fee Schedule

AGENDA PACKETS PICKED UP AT TOWN HALL $210 per year

MAILED AGENDA PACKETS $350 per year

One agenda packet will be provided free of charge to area media (print and radio) and governmental jurisdictions.

Agenda face sheets would continue to be provided free of charge. Agenda packets are also available for review at the Reference Desk of the Public Library and at the Town Hall.

PLANNING DEPARTMENT

Policies Regarding Development Review Fees

January, 1995

Attached is list of development review fees currently in use by the Planning Department. No changes are proposed for the 1995-96 program year.

Basic Assumptions

There are two basic assumptions built into this fee schedule:

1. All "out-of-pocket" expenses associated with development review should be recovered through the fees. Our main such expense is advertising public hearings in the newspaper.

2. On average, approximately 80 percent of professional staff expenses needed to review development requests should be recovered through the fees.

Item 1, above, can be estimated with a fair degree of accuracy. Item 2 can vary widely, depending on the scale of proposed development, presence of complicating factors, number of revisions, level of public interest, number of advisory board and council meetings needed before action, etc. We have attempted to estimate typical staff time needed for each type of development application; these estimates are reflected in the attached fee schedule.

Two additional notes: Pursuant to Council direction, there is no fee for an application for a Certificate of Appropriateness for our Historic Districts.

Note: Fees are waived for Town of Chapel Hill development applications.

TOWN OF CHAPEL HILL DEVELOPMENT REVIEW FEES

TYPE OF APPLICATION/PERMIT FEE

Board of Adjustment: Variance................................................................................................................ $330

Appeal................................................................................................................. $220

Special Use Permits*

Extraction of Earth Products, Landfill, Cemetery, Park/Ride Terminal .......................... $1,350 + $18/acre

Radio/TV Transmitting/Receiving Facility..................................................................................... $1,350

All Other ................................................................................ $1,350 + $2/100 square feet of floor area

Special Use Modifications*

Extension or Renewal ................................................................................................................... $675

All Other....................................................................................... 1/2 of above Special Use Permit fees

Zoning Map Amendments......................................................................................................... $800 + $40/acre

Subdivisions*

Preliminary Plat ........................................................................................................... $1,350 + $40/lot

Minor Subdivision, Final Plat ............................................................................................ $270 + $40/lot

Reapproval................................................................................................................................... $550

Historic District Commission (with exception of signs, below)

Certificates of Appropriateness......................................................................................................... $ 0

Appearance Commission

Landscape Plans............................................................................................................................. $85

Alternative Buffer........................................................................................................................... $85

Building Elevations.......................................................................................................................... $50

Lighting Plan................................................................................................................................... $50

Certificate of Appropriateness.......................................................................................................... $ 0

Zoning Compliance Permit

Site Plan Review (Council/Planning Board).................................. $675 + $2/100 square feet of floor area

Staff Review/Approval.................................................................................................................. $125

Home Occupation........................................................................................................................... $50

Final Plans for Zoning Compliance Permit Issuance.......................................................................... 1/2 of above

Sign Plan Review (including Historic District signs)

Individual Sign................................................................................................................................. $40

Sign Plan........................................................................................................................................ $85

All Master Land Use Plans.................................................................... $800 + $2/1,000 square feet of land area

Resubmission of Applicant's Request............................ 50% of applicable fees after staff report has been drafted

* Special Use Permits, Special Use Modifications and Subdivisions proposed to be assisted through HUD conventional Public Housing, Section 8, 101, 235, CDBG funding, as well as through the N.C. Housing Finance Agency, and other recognized forms of subsidy, are exempted. In projects where assisted units comprise only a portion of the total number of units, the fee is reduced by the percentage of the total number of units which are assisted.

Note: Fees are waived for Town of Chapel Hill development applications.

DRAFT submitted with FY 95-96 Budget - adopted by Town Council __________: Effective _________

INSPECTIONS DEPARTMENT

User Fee Policy

The charging of user fees is an equitable method of recovering costs or portions thereof from the users of the building inspection services provided by the Town. Such inspections benefit the public by insuring that construction is built according to Town Ordinances and the North Carolina State Building Code.

Fees are set to approximate half the costs the providing inspections under North Carolina State Building Code. Costs of inspections related to the Chapel Hill Minimum Housing Code, state-certified day care centers, zoning regulations, and private property ordinances are not included.

Fee schedules shall be reviewed every three to five years and revised in order to keep revenue from fees close to half the cost of building code inspection services. Review shall be scheduled based on the change in building activity volume. Because the fees collected are based on the level of building activity, revenue totals can only be estimated. Levels of activity vary from year to year, therefore, annual reviews are not considered practical.

Fees are waived for all publicly subsidized housing, including Public Housing, Interfaith Council housing and the homeownership demonstration program.

Additional fees are charged to reinspect projects which fail to pass building code inspections. This is to encourage builders to correct deficiencies before calling for an inspection.

TOWN OF CHAPEL HILL

SCHEDULE OF BUILDING PERMIT FEES

The following schedule of building permit fees is applicable to the Chapel Hill zoning jurisdiction. Fees are based on cost of construction:

$100 - $1,000 $18.00

$1,001 - $5,000 $30.00

$5,001 - $10,000 $42.00

$10,001- $20,000 $60.00

$20,001- $50,000 $5.00/$1,000

$50,00 - $500,000 Base fee of $250 + $2.40/$1,000 over $50,000

$500,000 and up Base fee of $1,330 + $1.20/$1,000 over $500,000

Swimming Pools $30.00/In Town limits; $48.00/Out

Signs $20.00 for the first sign/In Town limits + $5.00 each additional sign

$25.00/Out + $5.00 each additional sign

Mobile Homes/Construction Trailers $20.00/In; $30.00/Out

Insulation $25.00/In; $30.00/Out (per housing unit)

Additional inspections made necessary through failure to comply with applicable code requirements are hereby designated as "re-inspections." For each re-inspection, a fee of $20.00 inside Town limits and $30.00 outside Town limits shall be paid before a re-inspection will be scheduled.

This schedule shall be effective from July 1, 1992 until amended.

TOWN OF CHAPEL HILL

ELECTRICAL FEE SCHEDULE

Single Meter - 100 amp $42.00

Single Meter - 125 amp $48.00

Single Meter - 150 amp $54.00

Single Meter - 200 amp $60.00

Single Meter - 400 amp $66.00

Single Meter - 600 amp $78.00

Single Meter - 800 amp $84.00

Single Meter - 1000 amp $90.00

For OUTSIDE Town limits, add $30.00 to above fees.

Change Service - $18.00/In; $30.00/Out

Mobile Home/Construction Trailers - $18.00/In; $30.00/Out

Additions and Alterations - Counted by total number of lights, switches and outlets added, moved or changed.

First 10 - $24.00

For each additional ten (10) fixtures, add $2.00. For example, 65 fixtures would be $36.00.

This schedule shall be effective from July 1, 1992 until amended.

TOWN OF CHAPEL HILL

MECHANICAL AND PLUMBING FEE SCHEDULES

MECHANICAL

$18.00/In Town limits; $30.00/Outside Town limits for each unit of heating and cooling.

For example, ONE heat pump, gas furnace with A/C or electric furnace with A/C would be $36.00 inside Town limits; $60.00 outside; TWO of the above in a dwelling unit would be $72.00 and $120.00, respectively.

Change-outs or replacing both heating and cooling units would be the same; but, if you are only replacing the heating OR cooling units, the fee would be $18.00 or $30.00.

PLUMBING

Inside Town limits:

$5.00/fixture - $20.00 minimum charge

$18.00 sewer connection fee for existing homes

Outside Town limits:

$6.00/fixture - $25.00 minimum charge

$30.00 sewer connection fee for existing houses

This schedule shall be effective from July 1, 1992 until amended.

TOWN OF CHAPEL HILL

ENGINEERING DEPARTMENT INSPECTION FEE POLICY

The charging of fees is an equitable method of recovering costs or portions thereof from the users of engineering inspection services provided by the Town of Chapel Hill. Such inspections benefit developers and contractors by providing assistance in quality control and construction efficiency, thereby reducing potential costs of repairing/replacing substandard work and reducing the risk of future reprisals from dissatisfied buyers and/or public officials. The public-at-large benefits by being assured of quality construction which is safe, functional, economical, and does not require high costs for future repair and maintenance.

Fees are set to approximate half of the costs of providing standard engineering inspections for public works construction.

Fees shall be reviewed every three to five years, and revised if necessary to approximate half of the cost of engineering inspection services. Review of fees shall be scheduled based on cumulative revisions in the cost of providing inspection services as a result of time and/or salary changes which may occur. Therefore, annual fee reviews are not considered necessary or practical.

Fees shall be waived for all Town administered improvement projects, projects determined by the Town Manager to be of public necessity such as major utility construction by OWASA or others, projects developed by or for the University of North Carolina at Chapel Hill or the North Carolina Memorial Hospitals, and private development projects or parts thereof which include publicly subsidized housing so determined by the Town Manager.

Fee Schedule

The following fees will apply to engineering inspections within the jurisdiction of the Town of Chapel Hill:

Full or Partial Street Improvements $2.85 per linear foot

(including storm drains, sidewalk, curb and gutter, paving, grading and appurtenant work in or adjacent to public rights-of-way)

Utility Service Improvements $0.55 per linear foot

(including excavation, backfill, and appurtenant work relating to the installation, repair, replacement, or removal of sewer, water, gas, telephone, electric, and/or similar utility facilities in or adjacent to public rights-of-way)

TOWN OF CHAPEL HILL

MUNICIPAL CEMETERY FEES

The Town of Chapel Hill owns and operates two cemeteries which are available for use by both residents and non-residents of the Town.

The cemetery fee entitles the purchaser to burial rights in perpetuity for specific cemetery space or spaces identified in the Town cemetery records and surveys.

The fees are set to approximate typical charges for similar facilities in our region of North Carolina, and they will be reviewed every three to five years to maintain parity.

Fee Schedule

Resident Non-Resident

Burial Space $400 $800

Cremation Space $200 $400

Interment Fee* $450 $450

* Interment fee is required only if burial vault or grave liner is not used, in accordance with Chapter 6 of the Town Code of Ordinances.

TOWN OF CHAPEL HILL

Field Operations Division - Streets Section

Street Cut Policy

The Town's policy relative to street cuts is to recover present maintenance costs plus a marginal allowance for future maintenance costs resulting when Town streets are cut by franchised utilities or any other entity.

FEES

PAVED STREETS: 0 - 10 sq. yds. $45 per sq. yd.

each additional sq. yd. $10 per sq. yd.

DIRT STREETS: each square yard $10 per sq. yd.

TOWN OF CHAPEL HILL

Sanitation Division

User Fee Policy

The charging of user fees is an equitable method of recovering some of the costs of providing sanitation services that exceed those routinely provided and funded from the general fund. Fees are based on estimated actual costs. The following services have an associated user fee:

Supplemental Commercial Garbage Collection

The Town currently provides standard twice per week commercial garbage collection at no charge to customers. Beginning on January 1, 1996, the current supplemental commercial service will be reduced to 2 extra days per week.

Compactor User Fees

Downtown compactor customers are assessed a disposal fee based on an estimate of their generated waste volume and frequency of use. Compactor fees were implemented in fiscal year 1993-94, to recover the operating costs for servicing two compactors in the downtown areas. Due to additional maintenance and cleaning costs the annual fee will increase effective January 1, 1996.

Mixed Waste and Yard Waste Dumpster Rental Fees

Upon request, the Town will rent residents portable containers for mixed waste or yard waste refuse removal from their properties. Currently, a mixed waste container costs less to rent than a yard waste container. Beginning July 1, 1995, all containers will rent for the same fee.

Yard Waste Container Sales

The Town offers for sale to residents roll carts for the disposal of yard waste. The resident benefits by having a convenient way to store yard waste for disposal while the Sanitation Division benefits by the containerization of waste and the ability to utilize semi-automated collection equipment. The carts are sold at a price that recovers two-thirds of their actual cost.

Bulky Items Collection Fee

Beginning July 1, 1995, the Town will begin charging a fee of $15 for bulky items collection. Currently this service has no user fee. Bulky items are large items, such as furniture and appliances, that cannot be disposed in a rear-loading garbage truck.

SANITATION DIVISION

FEES FOR FISCAL YEAR 1995-96

Supplemental Commercial Garbage Collection

4 Extra Days 2 Extra Days Extra Service Fee

Dumpster Type Ends 12/31/95 Begins 1/1/96 7/1/95 - 6/30/96¹

Front-loader $1,500/yr $1,200/yr $1,350.00

Side-loader $ 940/yr $ 775/yr $ 857.50

Compactor User Fees

Current Annual Fee New Annual Fee Compactor Service

User Type Ends 12/31/95 Begins 1/1/96 7/1/95 - 6/30/96¹

High Volume $700 $1,000 $850.00

Medium Volume $350 $ 500 $425.00

Low Volume $150 $ 225 $187.50

Mixed Waste Refuse Dumpster Rental

Weekday $10.00

Weekend $10.00

Yard Waste Roll-off Container Rental

Weekday $10.00

Weekend $10.00

Yard Waste Containers

$40 per container

Bulky Items Collection

$15 per collection (3 item maximum)

Notes:

¹ The total cost of service for the fiscal year, July 1, 1995, through June 30, 1996, is based on the cost of six months service at the current annual rate (7/1 to 12/31) plus six months service at the new annual rate (1/1 to 6/30).

CHAPEL HILL POLICE DEPARTMENT

FEE POLICY

The following list of fees is recommended for specialized services provided by the Chapel Hill Police Department:

Towing:

	Standard Tow	Dollied Tow	Hooked No Tow	Dollied No Tow	No Hook No Tow
7 a.m.-6 p.m.	$30.00	$50.00	$15.00	$25.00	$12.00
6 p.m.-12 a.m.	$35.00	$55.00	$17.50	$27.50	$15.00
12 a.m.-7 a.m.	$40.00	$60.00	$20.00	$30.00	$17.50

Storage fee for the first 24-hour period.......................................................................................... $3.00

Store fee for each 24-hour period.................................................................................................. $7.00

Solicitation Permits...................................................................................................................... $ 5.00

Permit Renewals......................................................................................................................... $ 2.00

Police Reports............................................................................................................................. $ 3.00

Fingerprints................................................................................................................................ $15.00

Criminal History Checks............................................................................................................. $15.00

Photographs................................................................................................................................ $ 3.00

Taxi Permits............................................................................................................................... $ 5.00

Transcripts (per hour)................................................................................................................. $25.00

Vehicle Storage Fees (first 24 hours)............................................................................................ $ 3.00

Vehicle Storage Fees (per additional day)..................................................................................... $ 7.00

Driving History Check................................................................................................................. $ 5.00

Noise Permits............................................................................................................................. $20.00

CHAPEL HILL FIRE DEPARTMENT

PERMIT FEE POLICY

Charging of permit fees is authorized by N.C. Statute 160A-414 and issuance of citations by the N.C. Building Code, Volume I-A, Section 8.1-8.2, Code Administration and Enforcement. Some cost recovery for permit issuance could be realized by the charging of fees, and code violation citations would strengthen the enforcement process.

Attached is the recommended fee permit schedule for the Chapel Hill Fire Department with the corresponding Fire Code Section fee amount and the estimated number of permits to be issued annually.

CHAPEL HILL FIRE DEPARTMENT FEE SCHEDULE

Facility/Activity

Fire Code Section

Fee

Airports, Heliports and Helestops 402.1/402.12 $ 35.00

Bowling Pin and Bowling Alley

Resurfacing and Refinishing 402.2 35.00

Cellulose Nitrate Motion Picture Film 402.3 35.00

Cellulose Nitrate Plastic (pyroxylin) 402.4 35.00

Combustible Fibers 402.5 35.00

Compressed Gas 402.6 35.00

Crude Oil Production 402.7 35.00

Cryogenic Fluids 402.8 35.00

Dry Cleaning Plants 402.9 35.00

Explosives: 402.10.1 100.00

1. Manufacture, possess, store, sell or

dispose of explosives

2. Transport of explosives

3. Use explosives

4. Operate terminal for handling explosives

5. Deliver or receive explosives from a

carrier or terminal between sunrise and

sunset

6. Transport blasting caps on vehicle with

explosives

Fireworks - Outdoors 2001.1-2001.1.2 100.00

Fireworks - Indoors 2006.1 100.00

Flammable/Combustible Liquids 402.11

1. Excess of 3 gals. inside residence -

(Class I) 35.00

2. Excess of 6 gals. inside or 10 gals.

outside business 35.00

3. Excess of 10 gals. inside or 60 gals.

outside business 50.00

4. Storage of flammable/combustible

liquids in stationary tanks 50.00

Flammable Finishes 402.12 35.00

Fruit Ripening Processes 402.13 35.00

Fumigation and Thermal Insecticidal Fogging 402.14 35.00

Hazardous Chemicals 402.15 100.00

High Piled Stock 402.16 35.00

Liquified Natural Gas 402.17 35.00

Liquified Petroleum Gas 402.18 35.00

Facility/Activity

Fire Code Section

Fee

Lumber Storage 402.19 $ 35.00

Magnesium 402.20 35.00

Mechanical Refrigeration 402.21 35.00

Motion Picture Projection 402.22 35.00

Organic Coatings 402.23 35.00

Ovens 402.24 35.00

Pipelines for Flammable or Combustible

Liquids 402.25 35.00

Places of Assembly 402.26 35.00

Pulverized Particles (Dust) 402.27 35.00

Repair Garages 402.28 35.00

Tank Vehicles for Flammable and Combustible

Liquids 402.29 35.00

Tents and Air Supported Structures 402.30 35.00

Tire Rebuilding Plants 402.31 35.00

Wrecking Yard, Junk Yard, or Waste Handling

Plant 402.32 35.00

Open Burning 501

- Commercial 100.00

- Residential 35.00

Matches 502.6 35.00

Abandonment/Removal of Flammable or

Combustible Liquid Storage Tank 902.5 100.00

Mall Displays of Gasoline Powered Equipment 3402.2 35.00

Kiosk, Display, Booth, Concession Equipment

or the like in Malls 3402.2.2 35.00

Mall Used as Place of Assembly 3402.4 35.00

PARKS AND RECREATION DEPARTMENT

Recommended Changes in the User Fees Policy for FY 1995-1996

Guidelines

- Include a statement which provides a 100% refund to program participants who are not completely satisfied with an ongoing program and have followed the procedures in the refund policy. This change would eliminate the $5.00 service fee currently being charged to a patron requesting a refund before the second meeting of an ongoing program. The fee would still apply to all other refund requests. We estimate that this change would result in no more than a $250 annual loss of revenue from eliminating the service charge.

- Include a definition of family participants in Parks and Recreation programs which includes persons who are married, persons who are registered as domestic partners, persons who are single parents, and any minor children in these households.

- Include in the standards and formulas that all adult program fees have been increased by 10%.

Aquatics

- Provide small corrections in fees for the 20 swim punch passes for youth and adults. These changes would make these fees consistent with the formula used for determining the costs of the passes.

Ballfield/Tennis Court Rentals

- Increase the fees for renting ballfields and tennis courts to reflect the higher costs of maintenance and utilities to operate these facilities.

Program Cancellation and Refund Policy

- The previously established guidelines for making program cancellations and giving refunds to participants have been included with the User Fees Policy. They were not part of the document before.

Fee Waiver Policy

- Change the name of the Waiver of User Fees Policy to User Fee Reduction/Waiver Policy to encourage partial payments of fees. Restrict the list of recommending authorities for fee waivers or reductions to those that can most accurately justify financial need.

Gymnasium Identification Card/Pass System

- Implement a photographic identification card system for controlling the use of gymnasiums. Cards would be purchased on an annual basis and would be color-coded to identify residents and non-residents. Daily admission passes would also be available for limited use.

Facility Rentals

- Procedures have been established for reserving the use of the Rosemary Street Parking Deck Plaza for special events, which are open to the public.

TOWN OF CHAPEL HILL

PARKS AND RECREATION DEPARTMENT

USER FEES POLICY

(Effective July 1, 1995)

The charging of user fees is an equitable method of recovering costs, or portions thereof, from the participant receiving a chosen specialized parks and recreation service. In order to assess fees uniformly for all types of programs and services, the following standards are used:

1. Program participants in classes and ongoing programs will be given a 100% refund of the program registration fee if they are not completely satisfied with the program and have followed the procedures in the refund policy. This does not include day or overnight trips or special single day workshops or programs.

2. User fees will be charged for programs to offset the costs of the specialized employees, special facilities, administration, and expendable materials and supplies.

3. User fees may be waived or reduced on a case‑by‑case basis by the Director of the Parks and Recreation Department. See Waiver of Fees Policy (Attachment A).

4. User fees for children under 14 years of age will be set to recover 50% of the direct cost of programs as defined in #1 above. Fees for youth 14 to 18 years of age will be set to recover 75% of direct program costs. Fees for adults (18 years and over) will be set to recover 110% of direct program costs, in order to recover more of the indirect costs.

The Department may establish experimental youth workshops and classes, the costs of which have not originally been included in the operating budget. In these cases, the Department may charge fees which will recover at least 100% of the cost of the programs, as defined in #1 above. Each program must have the minimum number of paid participants necessary to meet all direct program costs. Persons requiring a waiver of fees will be eligible for the remaining spaces in the program.

5. In setting the base rate, an administrative charge of 10% will be included in order to more accurately reflect the time spent by the professional staff in providing programs, and other related overhead costs.

6. User fees will be rounded to the nearest half‑dollar.

7. The Parks and Recreation Commission will annually review all services and recommend a USER FEES POLICY to the Town Council.

8. A user fee schedule (Attachment B) will be published annually.

9. Special administrative fees to participants may be charged to recover the cost of special equipment or other identified costs.

Guidelines

The following guidelines will be used in determining departmental user fees:

1. Rental of Departmental Areas, Facilities, and Equipment: When not in use for Department sponsored and co‑sponsored activities, areas, facilities, and equipment may be rented by organizations and the general public. Area and facility rental rates will be computed by adding the personnel costs and hourly operating costs for the facility in question. Equipment rental rates will be based on its original cost and depreciable life. Exact rates will be set in the Parks and Recreation Department Rental Policy (see attached Rental Policy).

2. Use of Town Facilities by the School System: The Chapel Hill‑Carrboro School System and the Town's Mutual Cooperation Agreement, signed November, 1977, guides the joint use of areas and facilities. No charges are assessed by either party for use of outdoor areas, fields, or courts. Fees for the use of Schools and Town facilities by the other party will be reviewed annually and adjusted accordingly in relation to the utility, custodial, and incidental arrangement costs incurred. Generally the charges for school use of Department facilities will be 50% of the established rental fee for that facility. A "Mutually Acceptable Employee" will assume responsibility for the activity and the facility.

3. Priority by Place of Residence: Registration procedures will be followed that will give residents of Chapel Hill or Orange County first priority.

In order for a team to receive priority resident status, at least 60% of the maximum number of members allowed on their rosters must reside in Chapel Hill or Orange County.

Exemptions to resident status in extraordinary situations may be approved by the Director of Parks and Recreation.

4. Nonresident User Fee: Individual youth and adult program participants or team members who reside outside of the Town limits of Chapel Hill and Orange County may use Department programs, equipment, and facilities by paying 110% of a program's cost plus a nonresident surcharge of 20% per program, rounded to the nearest half-dollar. This surcharge offsets property taxes paid by Town and County residents to support the Town's programs and facilities.

Participants in Parks and Recreation programs conducted at the Chapel Hill Senior Center are exempted from paying a nonresident fee.

5. Definition of Family: The definition of family participants in Parks and Recreation programs includes persons who are married, persons who are registered as domestic partners, persons who are single parents, and any minor children in these households.

6. Instructional Classes: Fees for youth classes will be determined by adding all of the direct expenses necessary to conduct the class, plus a 10% administrative/overhead charge, multiplying this figure by either 50% or 75% depending on the age of the participants, and dividing the total by the estimated number of participants necessary to successfully conduct the class.

Fees for adult classes will be based on 110% of the direct expenses necessary to conduct the class plus a 10% administrative/overhead charge and dividing the total by the estimated number of participants necessary to successfully conduct the class.

7. Street Fairs: Booth fees will be based on 110% of the Parks and Recreation Department's direct personnel costs on the day of the Fair, plus a 10% administrative/overhead charge, and dividing the total by the number of booth spaces.

8. Out‑of‑Town Trips and Tours: Fees for participants of all ages on trips and tours will be based on 110% of all direct expenses, plus a 10% administrative/overhead charge, and dividing the total by the estimated number of participants necessary to successfully conduct the activity.

9. Day Camps: Day camp fees will be determined by adding all direct expenses plus a 10% administrative charge, multiplying by 50% or 75% depending on the age of the participants, and dividing the total by the estimated number of participants necessary to successfully conduct the activity.

10. Sports, Leagues and Tournaments: Youth league, clinic, and tournament fees will be determined by adding all direct expenses, plus a 10% administrative/overhead charge, multiplying by either 50% or 75% depending on the age of the participants, and dividing the total by the estimated number of teams or participants.

Fees for adult leagues, clinics, and tournaments will be based on 110% of the direct expenses, plus a 10% administrative/overhead charge, and dividing the total by the estimated number of teams or participants.

11. General Admission Events: General admission charges for events such as dances, concerts, and plays will be based on recovering the total direct costs of the program divided by a minimum estimated attendance.

12. Swimming Pool Fees: Daily admissions, season passes, and punch passes are available to pool users. Fees will be reviewed yearly and will be determined by the operation and personnel costs of the pools. (Please see attachment C)

13. Gymnasium Identification Card/Pass System: Photographic identification cards will be required for admission to gymnasiums for participants over 16 years of age. Cards will be renewed on an annual basis and will be color-coded to identify residents and non-residents. Single daily admission passes will be available for participants who use the facility on a limited basis.

14. Equipment/Improvement Cost Recovery: Where special equipment or facility improvement costs for a specific program area can be clearly identified, surcharges may be added to the program's user fee to recover these costs over the life of the equipment or improvement.

ATTACHMENT A

CHAPEL HILL PARKS AND RECREATION DEPARTMENT

USER FEE REDUCTION/WAIVER POLICY

The Chapel Hill Parks and Recreation Department is committed to making its programs, activities, and special events available to as many citizens as possible. Although recognizing that the assessing of user fees is necessary in order to continue offering quality recreation experiences and opportunities, the Department is concerned that these fees could place an undue financial hardship upon certain individuals and families. This policy has been established to meet the needs of individuals or families judged to have limited financial resources. It is the intent of the Town of Chapel Hill that no person be prevented from participating in parks and recreation programs because of the inability to pay a full fee. The Parks and Recreation Department will provide assistance to participants on completing the fee waiver application requirements.

Guidelines

The following guidelines and criteria will be considered in waiving the user fees for participation in the Department's programs, activities, and special events:

1. The individual or family must reside in Chapel Hill or Orange County.

2. All requests for the waiving of fees must be submitted on the appropriate form. All information related to the request will be kept strictly confidential between the program specialist and the Parks and Recreation Director.

3. All individuals requesting a fee waiver will be encouraged to pay a portion of the total fee. Installment payments for appropriate programs may also be arranged.

4. Fee waivers may not be granted for certain programs with particularly high operational costs, such as trips and private classes.

5. All requests for the waiving of user fees must list a recommending authority that can verify the financial status of the applicant, such as a representative of: the Chapel Hill-Carrboro School System Nutrition Program, the Orange County Department of Social Services, the Joint Orange-Chatham Community Agency, Inc.(JOCCA), the Inter-Faith Council for Social Service, or the Director of Parks and Recreation or his designee. The applicant must give the name, address, and telephone number of one person who can verify financial need.

6. The Director of Parks and Recreation, or his designee, will review each fee waiver request and will have final authority to approve or deny the request.

ATTACHMENT B

CHAPEL HILL PARKS AND RECREATION DEPARTMENT

FY 1994‑95 SCHEDULE OF FEE DETERMINANTS

Resident Base Fee Multipliers:

Day Camps 50%

Youth (13 years and under) 50%

Youth (14 to 18 years) 75%

Adult (18 years and over) 110%

Nonresident Base Fee Multipliers:

Day Camps 130%

Youth (up to age 13) 130%

Youth (14 to 18 years) 130%

Adult (18 years and over) 130%

Administrative Charge for Leagues/Programs: 10%

Gymnasium Identification Card/Pass System

Residents Nonresidents

Annual Identification Card Fee $10.00 $40.00

Daily Pass Fee $1.00 $2.00

Service Charge for Checks Returned Due to Insufficient Funds $15.00/check

ATTACHMENT C

CHAPEL HILL PARKS AND RECREATION DEPARTMENT

FY 1994‑95 SWIMMING FEES SCHEDULE

SINGLE ADMISSIONS

RESIDENT DAILY ADMISSION FEES

WINTER SUMMER

Preschool (5 years and under) Free Free

Child (6‑13 years) 1.00 .75

Youth (14-17 years) 1.50 1.25

Adult (18 years and over) 2.25 1.70

NON-RESIDENT DAILY ADMISSION FEES

WINTER SUMMER

Preschool (5 years and under) 2.75 2.25

Child (6-13 years) 2.75 2.25

Youth (14-17 years) 2.75 2.25

Adult (18 years and over) 2.75 2.25

Admission fees will not be collected Sundays from 4:00 to 8:00 p.m. from residents.

SEASON POOL PASSES

Family passes are for a maximum of four (4) people. There will be an additional charge for one-half the cost of a child pass for each additional family member.

Season passes are valid from the Saturday of Memorial Day weekend through the Friday before the next Memorial Day. In order to encourage the purchase of a season pass, a discount, normally 10%, may be available when the new season passes are offered in May of each year.

POOL PASS FEES RESIDENT NON-RESIDENT

Child (6‑13 years) 75.00 197.00

Youth (14-17 years) 115.00 197.00

Adult (18 years and over) 165.00 197.00

Family 250.00 300.00

Additional Family Member 38.00 90.00

The price of Pool Passes will be prorated on the first day of each month from July through April using the following schedule.

RESIDENT PRORATED SCHEDULE

	Child (6-13)	Youth (14-17)	Adult (18+)	Family	Each Extra Person
July 1	70.00	105.00	140.00	230.00	35.00
August 1	65.00	100.00	135.00	210.00	33.00
September 1	55.00	85.00	110.00	190.00	28.00
October 1	50.00	75.00	100.00	170.00	25.00
November 1	45.00	70.00	90.00	150.00	23.00
December 1	40.00	60.00	80.00	125.00	20.00
January 1	35.00	50.00	70.00	105.00	18.00
February 1	25.00	40.00	50.00	85.00	13.00
March 1	20.00	30.00	40.00	65.00	10.00
April 1	15.00	20.00	30.00	40.00	8.00

NON-RESIDENT PRORATED SCHEDULE

The prorated schedule for all nonresident age groups will be the listed adult fee for each month plus a 20% surcharge. The prorated schedule for non-resident families will be the resident family fee for each month plus a 20% surcharge.

20 SWIM PUNCH PASSES

RESIDENTS

WINTER SUMMER

Child (6-13 years) 18.00 14.00

Youth (14-17 years) 27.00 21.00

Adult (18 years and over) 40.00 31.00

NON-RESIDENTS

The fee for 20 swim punch passes for all nonresident age groups will be:

WINTER SUMMER

45.00 36.00

Summer punch passes expire on Labor Day Monday.

Punch passes for both summer and winter are sold at a 10% savings compared to the single admission fee.

ATTACHMENT D

CHAPEL HILL PARKS AND RECREATION DEPARTMENT

PROGRAM CANCELLATION AND REFUND POLICY

The following policy will be followed regarding the refunding of registration fees for parks and recreation programs, activities, and events:

1. A full refund will be made for all programs cancelled or adjusted as to time, date, or place by the Department.

2. In the event that a participant registers by mail and the preferred first, second, and third program choices are full, the Department will issue a full refund or a credit for future use. The credit will remain in effect for a period of five (5) years.

3. A full refund of registration fees will be made if:

- for normally scheduled programs, the participant cancels before the second meeting.

- for youth athletic programs and classes, cancellation occurs before the first skill evaluation.

- for street fairs and adult sports team league deposits, cancellation occurs at least two weeks prior to the distribution of booth spaces or before the first organizational meeting of team captains.

- for one-day courses, trips, or one-time workshops and camps, cancellation occurs at least seven days prior to the day of the program.

- for overnight bus trips, cancellation occurs at least 30 days prior to the trip.

- for swimming pool season passes, the participant requests a refund within 4 weeks of purchase. The amount of the refund will be prorated by the number of weeks the pass was used. Season pool passes are not transferrable.

- no refund will be given if the participant fails to notify the Department within the time constraints designated above.

ATTACHMENT E

CHAPEL HILL PARKS AND RECREATION DEPARTMENT

RENTAL OF DEPARTMENT EQUIPMENT AND

FACILITIES POLICY

The Parks and Recreation Department sponsored and co‑sponsored activities and programs will have priority in scheduling the use of all Departmental equipment and facilities. The following general conditions apply to facility rentals:

- Ballfields may not be rented from March 15 through October 15

- Gymnasiums may not be rented from October 15 through April 30

- Facilities may not be rented from 12:00 midnight until 6:00 a.m.

- In order to make the necessary special arrangements, facility rental applications should be submitted at least two weeks prior to the requested date(s) of use.

A. When not in use for Parks and Recreation Department sponsored activities and programs, departmental facilities may be available to the general public as follows:

1. Outdoor Facilities: Tennis courts, ballfields, the Parking Deck Plaza, and the A.D. Clark Pool may be reserved if the request is consistent with Department procedures regarding the use of facilities and equipment. All other outdoor facilities such as picnic and play areas are not available for reservation, but are open to the public during normal park hours, on a first‑come, first‑served basis. In the event of inclement weather, the Department may cancel a reservation because of potential harm to the user or the facility.

(a) The A.D. Clark Pool may be rented when not open to the general public, or by permission of the Director of Parks and Recreation or his designee. The total rental fee will vary depending upon the number of people attending the activity. The minimum rental period will be 2 hours. The following fee schedule will be used: groups under 50 - $30.00 per hour; groups of 50‑100 - $40.00 per hour; and groups of 101‑125 - $50.00 per hour. The Department will provide lifeguards. All safety and operating rules and regulations must be observed.

(b) The Rosemary Street Parking Deck Plaza may be reserved for special events which are open to the general public. Admission fees for events may be charged by the individual or organization reserving the facility, with the permission of the Director of Parks and Recreation or his designee. Specific procedures must be followed to reserve the Plaza, including prior approval from the Town's Police, Public Works, and Transportation Departments. The minimum fee for reserving the Plaza will be $25.00 per hour.

(c) Ballfields may be rented by those wishing practice or game time. Rental time must be for a minimum 3‑hour period, except by special permission of the Director of Parks and Recreation. The Department requires that a Town Field Supervisor be present at all times. A fee of $10.00 per hour, per field, will be required for daytime reservations. A fee of $20.00 per hour, per field, will be required for evening reservations involving the use of ballfield lights. These fees will entitle the user to a field in safe, playable condition. Upon request, the Department may prepare a field for play, to include dragging, lining, etc., and will maintain the field in an acceptable game condition. This additional service will cost $10.00 per hour, per field.

(d) The tennis courts may be reserved by those wishing match or practice time. Rental time is limited to a 3‑hour period, except by special permission of the Director of Parks and Recreation. Reservations will not be accepted for more than one-half of the playable courts at any one site, except with special permission of the Director of Parks and Recreation. A fee of $10.00 per hour, per court, is required for daytime reservations and $20.00 per hour, per court, for evening reservations requiring use of the lights.

2. Indoor Facilities: Department controlled indoor facilities may be reserved if proper application is made and the request is consistent with adopted policy. A Department staff member must be present during the entire rental period. A minimum 2-hour rental period is required unless otherwise approved by the Director of Parks and Recreation.

(a) A rental fee of $20.00 per hour will be charged to reserve the Hargraves Recreation Center and the Umstead Recreation Center.

(b) A rental fee of $12.00 per hour will be charged to reserve the Plant Road Conference Room, the Lincoln Arts Building Classroom and the Community Center Meeting Room.

(c) A rental fee of $20.00 per hour will be charged to reserve the Department's gymnasiums. Rental time is limited to a 3‑hour period, except by special permission of the Director of Parks and Recreation.

(d) The Community Center Pool may be rented when not open to the general public, programmed by the Parks and Recreation Department, or by permission of the Director of Parks and Recreation or his designee. The total rental fee will vary depending upon the number of people attending the activity. There is a minimum rental period of 2 hours. The following fee schedule will be used: groups under 50 ‑ $35.00 per hour; groups of 50 to 100 ‑ $50.00 per hour; groups of 101 to 125 - $60.00 per hour. The Department will provide lifeguards. All safety and operating rules and regulations must be observed.

3. Equipment Rental: In certain cases, the Director may allow a limited amount of equipment to be rented. The fee will be determined at the time of the rental and will be set to recover personnel and maintenance costs.

B. All applicants requesting use of Department equipment and facilities must observe the following general guidelines and requirements:

1. Facility Access: Town facilities are available on a non-discriminatory basis. Appropriate activities need to accommodate individuals regardless of age, sex, race, color, religion, national origin, physical or mental disabilities, affectional preference, or marital status.

2. Nonprofit Activities: Town facilities and equipment may be used for fundraising activities provided such activities are not for private purposes or profit. Entry fees may be charged for events and tournaments provided that all proceeds benefit the non-profit organization. In all cases, a signed financial account of actual expenses and revenues may be requested by the Town within seven days after the event.

3. Activities for Profit: Admission may not be charged for entrance into Town-owned or controlled areas and facilities by private individuals and/or for profit organizations. Special exemptions may be made when the Department enters into a cooperative agreement with an individual or organization.

4. Rental Fees: All rental fees must be paid at the time of application, unless other arrangements have been made prior to the period of reservation.

5. Renter Eligibility: Reservation agreements must be signed by persons 18 years or older who are duly authorized to act for the applicant. When the planned activity is primarily for persons under 18 years old, the person signing the reservation agreement will be responsible for providing one adult chaperon for each group of 10 individuals in attendance, under the age of 18.

6. Governmental Boards and Agencies: Facilities are available at no charge to official government boards and agencies for events in the public interest when not otherwise in conflict with this policy.

7. Prohibited Items: No beer, wine, alcoholic beverages, firearms, smoking, or illegal drugs are allowed within Town parks and facilities.

8. Renter Responsibilities: The area, facility or equipment must be left by the renter in a clean and orderly condition.

All forms of decoration must be approved by the Director of Parks and Recreation or his designee prior to placement. Decorations must not be taped, nailed, tacked, or otherwise attached to any tables, walls, ceilings, or any other portions of the buildings or equipment.

Any and all damages to the areas, facilities or equipment while being used by the renter will be the responsibility of the renter and payable in full to the Town of Chapel Hill. Payment will include the costs of all labor, materials, and supplies to repair or replace the damage to facilities or equipment.

9. Late Fee: An additional fee of $5.00 per day will be charged for all equipment not returned within the specified time.

10. Liability: The Town assumes no liability for the renter's use of the equipment or facility. As a condition of the use of the equipment or facility, the applicant shall hold the Town harmless from any claim or liability arising out of any activity or conduct of the renter while using the equipment or facility in question.

CHAPEL HILL PUBLIC LIBRARY

Proposed Schedule of Fines and Fees

1995-1996

FINES FOR OVERDUE MATERIALS

Adult $.15/day Maximum: $10.00 per item

Juvenile $.15/day Maximum: $3.50 per item

Reserve Books $.50/day Maximum: None

NON-RESIDENT FEES $30/year

SPECIAL SERVICES FEES

Reserves $.50

Interlibrary Loan $1 each + any lending library charge

Return Postage for Films Actual cost

Photocopies $.10

LOST/DAMAGED MATERIALS: A $4.00 per item processing fee will be charged for lost/damaged items. In addition to the processing fee, the Library also charges the current replacement price of material. If current replacement price is unavailable, then:

Hardcovers

Adult/YA $ 20.00

Juvenile 10.00

Paperbacks (Book + cover cost, when applicable):

Trade (Adult/YA) $ 10.00

Mass Market (A) $ 6.00

Mass Market (J) $ 5.00

+Cover Cost $ 4.00

Records/Cassettes (Material + jacket cost, when applicable):

Adult/YA $10.00/disc or tape + jacket

Juvenile $ 7.50/disc or tape + jacket

+Jacket Cost $ 2.75/single; $3.50/double

CD + Case $16.00

Toys $ 5.00

LOST LIBRARY CARDS:

First card replacement $ .50

Second card replacement $ 1.00

Third card replacement $ 3.00

+ three replacements $ 5.00

CHAPEL HILL PUBLIC LIBRARY

FINES AND FEES POLICY

General Policy

1. The purpose of this policy is to provide a structure of fines and fees to the Town Council for use by the Chapel Hill Public Library.

2. The General Statues of North Carolina, Chapter 153, Article 14, Section 153A-365 states: "If a county or city, pursuant to this article, operates or makes contributions to the support of a library, any resident of the county or city, as the case may be, is entitled to the free use of the library." Because the support of the Chapel Hill Public Library comes from the Town of Chapel Hill and Orange County, all residents of the Town of Chapel Hill and of Orange County are entitled to free use of the library. Residents of other counties are charged an annual fee which corresponds with the amount paid by citizens of the Town of Chapel Hill for library services through their local property taxes, based on the per capita amount of the Town's General Fund contribution of the Library's operation. Patrons who live in another county but own property in Orange County are entitled to the free use of the Chapel Hill Public Library upon presentation of proof that Orange County taxes are paid.

3. While library services are provided free to residents of Chapel Hill and Orange County, the Chapel Hill Public Library charges overdue fines for materials which are kept beyond the circulation period. Fines are intended to encourage the prompt return of library materials, and to offset materials expenses incurred by the library due to the delinquent return of materials. If the material is not returned within the designated grace period after the due date, fines are calculated on a daily basis for all days the library is open. When the current cost of an item is unknown, a flat rate is used. (Please see the attached "Schedule of Fines and Fees.")

4. The Chapel Hill Public Library charges certain user fees for specialized services which are performed specifically on demand for individual patrons. These services include reserving books and borrowing books and films on interlibrary loan. The amount of these fees is reviewed by the Library Board of Trustees and recommended to Town Council based on such criteria as current postage rates and levels of usage.

5. Library patrons are required to pay a processing fee as well as the current list price for all library materials that are lost, damaged or otherwise not returned to the Library. (See the "Fines and Fees Schedule.")

6. Fines and fees will be reviewed annually by the Library Board of Trustees.

7. Fines and fees may be waived, reduced or refunded on a case by case basis by designated library staff. (Please see attached "Waiver of Fines and Fees Policy.")

8. A schedule of fines and fees will be published and made available to all Library users.

CHAPEL HILL PUBLIC LIBRARY

LONG OVERDUE MATERIALS POLICY

General Policy

1. The purpose of this policy is to provide procedures when dealing with patrons who have long overdue materials from the Chapel Hill Public Library.

2. The General Statutes of North Carolina, Chapter 14, Article 52, Section 14-398 states: Any person who shall unlawfully take or detain... any book... deposited in a public library... if the value of the property shall not exceed fifty dollars, (shall) be guilty of a misdemeanor... If the value of the property stolen, detained... shall exceed the sum of fifty dollars, the person... shall be punished as a Class H felon.

3. Patrons applying for the right to use the Chapel Hill Public Library "promise to comply with all its rules, to pay promptly fines or damages charged to me..." Because of the limited numbers of materials available and the very high demand, the Chapel Hill Public Library limits checkout of materials to an initial two-week period with a maximum checkout period of six weeks if not requested by another patron during that time. Materials held longer than five weeks beyond the due date are in violation of the Library's policy and shall be construed as unlawfully detained and the following procedures will be implemented:

2 WEEKS BEYOND DUE DATE: First overdue notice is mailed;

5 WEEKS BEYOND DUE DATE: Second overdue notice is sent warning the patron of suspension of privileges if the material is not returned within 14 days.

7 WEEKS BEYOND DUE DATE: Patron receives a bill for overdue materials and a notice of suspension of borrowing privileges. Patrons paying for overdue items after 7 weeks beyond the due date will be charged the maximum overdue fine for the item. Patrons paying for lost items will not be charged overdue fines but will be charged a processing fee plus the current replacement cost of the item.

4. The Waiver of Fines and Fees Policy also applies to these procedures.

Recommended by the Library Board of Trustees: 6/9/93

Adopted by the Town Council: 6/28/93

WAIVER OF FINES AND FEES POLICY

General Policy

It is the overall intent of the Chapel Hill Public Library to provide free library service to all members of the community and to non-resident Town employees in the spirit and letter of the law governing public library service in North Carolina. Therefore, it is recognized that in certain circumstances it may be appropriate to waive, reduce or refund fines or fees in accordance with the following guidelines.

Guidelines

Waivers, reductions or refunds of fines or fees may be made at the discretion of designated library staff in the event of certain extenuating circumstances, which may include:

1. The possibility of error in record-keeping on the part of the Library.

2. The imposition of undue hardship on an individual or family.

3. The existence of circumstances beyond the control of the individual.

Recommended by the Library Board of Trustees: 1/13/93

Adopted by Town Council: 6/28/93

GENERAL POLICY

LIBRARY MEETING ROOM

Meetings shall be scheduled in the following priority order:

1. Library programs and meetings.

2. Library Board of Trustee meetings, Town Council meetings and other meetings of official Town boards, committees, commissions and task forces.

3. Town-sponsored activities.

4. Groups sponsoring programs of a non-commercial nature (including precinct meetings).

All non-governmental programs must be free of charge and open to the public. Governmental meetings shall be open to the public as required by law.

Limited membership groups, such as denominational groups, partisan political groups (except partisan precinct meetings which are permitted by State Law) and labor organizations will not normally be permitted to use Town meeting rooms on a regular basis, but may apply in writing to the Library Director for permission to use the rooms for special occasions.

Organizational representatives must agree to be responsible for any damage done to facilities and equipment. Extra chairs, screens, blackboards, etc. may be provided by the user and must be removed immediately following the meeting or activity. Commercial use of meeting rooms is not permitted.

Recommended by the Library Board: 5/12/93

REGULATIONS FOR USE OF THE LIBRARY MEETING ROOM

THE LIBRARY MEETING ROOM IS INTENDED FOR LIBRARY PROGRAMS. WHEN THE MEETING ROOM IS NOT NEEDED FOR LIBRARY PROGRAMS OR OTHER TOWN MEETINGS, it may be made available to non-profit community organizations.

The room has a seating capacity of one-hundred twenty. The room is equipped with audio and video equipment. Persons wishing to use the audio equipment in the Meeting Room should make usage arrangements with the Library (968-2777). The Library Director will review requests according to the following standards:

* The Meeting Room may be used during library open hours. Meetings extending beyond library open hours must be approved by staff at the time of booking the room.

* The Meeting Room is to serve as a setting for non-profit community organizations to hold programs which are open to the public. Usage of the Meeting Room for regularly recurring meetings is strongly discouraged. Requests to reserve the Meeting Room for a series of meetings will be reviewed on an individual basis. Programs in the Meeting Room may not interfere with normal library operations.

* All programs must be open to the public at no charge. Requests by non-profit educational groups or institutions desiring to use the Meeting Room for short-term classes, institutes, discussion groups and forums which involve small fees, will be examined on an individual basis. Nothing may be sold to the public in the Meeting Room. Exceptions may be made for programs sponsored by the Library.

* Reservations for children's and young adult programming must be made by an adult. This adult must be present and responsible for proper care of the room when it is in use.

* The meeting room and equipment are to be left in the condition in which they are found. Please refer to the facility use guidelines for additional information.

* The Library is a smoke-free building. Requests for limited consumption of food and non-alcoholic beverages (water, coffee, soft drinks, etc.) in the room will be approved by staff at the time of booking, as long as due care in the protection of the Meeting Room's fixtures is exercised.

Mr. Horton said the proposed Capital Improvements Program included $10,000 for funding small bicycle project improvements.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING THE 1996-2001 CAPITAL IMPROVEMENTS PROGRAM (96-6-10/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Manager’s Recommended 1996-2001 Capital Improvements Program as described in the memorandum dated June 10, 1996 with the following projects to be included in the Operating Budget ordinance for 1996-97 from the capital improvements fund:

PROJECTS: 1996-97 1996-97

Reappropriation New Appropriation

Cemetery Beautification $0 $10,000

Downtown Streetscape Improvements $0 $50,000

Energy Efficiency Projects $0 $15,000

Extraordinary Maintenance $30,000 $50,000

Fuel Tank Storage Replacement $50,000 $50,000

Greenways $0 $70,000

Northern Community Park (Roadway) $0 $50,000

Skateboard Facility $25,000 $0

Small Park Improvements $0 $50,000

Fire Apparatus: Engine-Pumper $0 $55,000

Fire Station Emergency Generators $0 $30,000

Fire HQ and Sta. #2 Restroom Facilities $0 $15,000

Bicycle Facilities $50,000 $10,000

Curb Repairs: ADA Compliance $0 $25,000

Sidewalks and Pedestrian Projects $0 $50,000

CAPITAL FUNDING TOTAL $166,000 $530.000

GRAND TOTAL 1996-97: $696,000

This the 10^th day of June, 1996.

Mr. Horton said that a Community Development grant of $459,000 was expected.

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

AN ORDINANCE ESTABLISHING THE 1996-97 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (96-6-10/O-8)

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

SECTION I

The projects authorized are the Community Development projects as approved by the Council on May 29, 1996: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD). The projects are known more familiarly as the 1996 Entitlement Community Development Block Grant. The grant activities include neighborhood revitalization, rehabilitation of public housing, and support of organizations that provide community services to low-income residents.

SECTION II

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

SECTION III

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

Community Development Grant $459,000

SECTION IV

The following amounts are appropriated for the project:

Rehabilitation of Public Housing $341,000

Neighborhood Revitalization $ 45,000

Community Services $ 20,000

General Administration $ 53,000

Total $459,000

SECTION V

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

This the 10th day of June, 1996.

Noting that the major investment study was in progress, Council Member Franck suggested that the U.S. 15-501 North park and ride lot be postponed until this study was completed.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 13.

Expressing his concurrence with Council Member Franck's analysis, Mr. Horton said he recommended adoption of Resolution 13.

Council Member Capowski inquired when the major investment study would be completed. Mayor Waldorf said the current schedule called for the first phase of the project to be completed within eighteen months. Noting that development continued in this area, Council Member Capowski stated that land would likely become more expensive to purchase in the future. Noting that when the study was first proposed, there was not the same kind of development activity in the area, Mr. Horton said the Council would be well advised to reserve judgement on the matter until data from the study was available. Council Member Capowski asked how much funding was set aside for the park and ride lot. Mr. Horton said while the Town's portion of estimated project costs were set aside, the Town had not received matching State and Federal funds

for this project. He noted that earliest State funding for the project would be available would be after completion of the major investment study.

RESOLUTION 13 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO POSTPONE ACTIONS OF REQUESTING FUNDS FOR THE US 15/501 NORTH PARK/RIDE LOT UNTIL THE CONCLUSION OF THE MAJOR INVESTMENT STUDY FOR THE DURHAM BOULEVARD CORRIDOR. (96-6-10/R-13)

WHEREAS, the Town operates public transportation service in the Towns of Chapel Hill and Carrboro including service to University Mall since 1974; and

WHEREAS, the Town has had a plan for the construction of a park/ride lot in the US 15/501 (Durham Blvd.) corridor; and

WHEREAS, the Town has been cooperating with the State and the City of Durham on plans for major transportation improvements in the US 15/501 (Durham Blvd.) corridor which may or may not include a recommendation for the construction of park/ride facilities,

THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to postpone any action on requesting funding for this project until the completion of the major investment study.

This the 10th day of June, 1996.

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

(8-0).

A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED (96-6-10/R-14)

WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation program of projects; and

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and

WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that in connection with the filing of applications for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant files an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and

WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services;

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

1. That the Town Manager is authorized to execute and file applications on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and the North Carolina Department of Transportation, to aid in the financing of operating, capital and planning assistance projects pursuant to Section 3, 8 and 9 of the Urban Mass Transportation Act of 1964, as amended.

2. That the Town Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964.

3. That the Town Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications for the program of projects and budget.

4. That the Town Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs.

5. That the Town Manager is authorized to execute grant agreements on behalf of the Town of Chapel Hill with the U.S. Department of Transportation and N.C. Department of Transportation for aid in the financing of the operating, capital, and planning assistance program of projects.

This the 10th day of June, 1996.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 15. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS WITH THE UNIVERSITY OF NORTH CAROLINA, AND THE TOWN OF CARRBORO IN 1996‑97 (96‑6‑10/R‑15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Town Manager to execute on behalf of the Town, and in accord with adopted Memoranda of Understanding for transit services, contracts with the University of North Carolina and the Town of Carrboro for the Town to provide them public transportation services, provided said contracts shall not increase the costs of the Town of Chapel Hill transit services above the Town's budgeted amounts and are substantially in accord with the adopted budget of the Town of Chapel Hill.

This the 10th day of June, 1996.

Mr. Horton presented a brief overview of proposed changes in the bookmobile service schedule.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 16. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO REVISE BOOKMOBILE SERVICE (96-6-10/R-16)

WHEREAS, the purpose of the library's bookmobile outreach service is to serve patrons who might otherwise go unserved; and

WHEREAS, children up to 7 years old would most benefit from access to books and related programs; and

WHEREAS, 80% of the current use of the bookmobile is by children in day care facilities but use by public housing youth is minimal; and

WHEREAS, residents now have improved access to library services via a Town-wide transportation service, an expanded new library facility, and improved senior facilities; and

WHEREAS, the current adult use comprises 20% of the service; and

WHEREAS, many adults using the service also use the main library; and

WHEREAS, the Library Board of Trustees and the Chapel Hill/Carrboro Residents' Council believe that it is important to offer effective outreach services to public housing youth which may stimulate them to use the library in the future.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to revise bookmobile service to serve children only, up to the age of 7, at day care centers currently being served at the current level of service and at five public housing centers with books and experimental programming after October 1, 1996.

This the 10th day of June, 1996.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 9. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN (96-6-10/O-9)

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 October 1, 1996 (96-6-10/O-6)

In Section III, DELETE the line:

Grade 16: Bookmobile Assistant

and ADD the line

Grade 16: Library Assistant III/Outreach Specialist

In Section IV, part C, in the Library Department, DELETE the lines:

Full-time Part-time Grade

# hours # hours

Library Assistant II 5 - - - 15

Bookmobile Assistant 1 - - - 16

and ADD the lines:

Library Assistant II 3 - - - 15

Library Asst III/Outreach Specialist 3 - - - 16

Effective Date: October 1, 1996.

This the 10th day of June, 1996.

Item 7 NC 86 Corridor Study

Appearance Commission Chair Diane Bachmann presented an overview of the joint Appearance Commission/Design Review Board NC 86 corridor study, noting that the principal purpose of the study was to examine existing, proposed and future transit and bicycle connections along the NC 86 corridor between Weaver Dairy Road and Homestead Road. She said the Commission members had reviewed several alternatives for transit options in consultation with area residents. Ms. Bachmann reviewed the Commission's recommendations, including access to Kingston Drive from the proposed Estates of Chapel Hill development. She also said that approximately one hundred and thirty residents of the Timberlyne Homeowners Association had signed a petition supporting a median cut on NC 86 at Westminster Drive. Ms. Bachmann said the Commission also recommended this median cut, rather than the location proposed by the North Carolina Department of Transportation (NCDOT) at Stateside Drive.

Ms. Bachmann also stated that the Commission recommended that the proposed future extension of Parkside Road line up with Westminster Drive and a connection from Kingston Drive to the proposed Estates development. Ms. Bachmann expressed appreciation to the Design Review Board, Transportation Board, Appearance Commission and citizens for taking part in the corridor study review process.

Council Member Chilton inquired what the proposed connection to Kingston Drive would mitigate. Ms. Bachmann said the group felt that a single access into the proposed Estates development in combination with a median cut at Westminster Drive would potentially drivers from going down Kingston Drive to Piney Mountain Drive.

Council Member Capowski inquired about the group's overall objectives. Ms. Bachmann said the group was trying to improve the highway network system on the west side of NC 86 with a median cut at NC 86 and Westminster Drive being a top priority. Council Member Capowski inquired how people in the Timberlyne neighborhood felt about a connection from Kingston Drive to NC 86. Ms. Bachmann said the residents were not very pleased about it.

Transportation Board Chair Ruby Sinreich said the Timberlyne neighborhood was a well-organized one with a lot of concerns. Noting that there were many cul-de-sacs along Kingston Drive, Ms. Sinreich said Kingston Drive was not designed to handle a heavy volume of traffic. She also that the Transportation Board should not have to ask to be involved in major or minor transit corridor studies. Ms. Sinreich also stated that intelligent and foresightful transit planning was a key to overall good planning.

Norm Rosen, President of the Timberlyne Neighborhood Association, said he and his neighbors were concerned about the addition of more connections on to Kingston Drive. Mr. Rosen said he agreed with the recommendation to put a median break at Westminster Drive. Mr. Rosen also said that he strongly opposed any roadway connection from the proposed Estates development to Kingston Drive.

Yvonne Wasaluski, Vice President of the Timberlyne Neighborhood Association, said she lived on the corner of Kingston and Butternut Drives. Ms. Wasaluski invited Council Members to come to her home to watch heavy traffic volumes on Kingston Drive. Stating that she had been sideswiped twice on Kingston Drive, Ms. Wasaluski said that Kingston Drive was a very dangerous street. She also expressed her concurrence with Mr. Rosen that there should be no access from the proposed Estates development on to Kingston Drive. Ms. Wasaluski requested that the Town perform a serious study of traffic on Kingston Drive as soon as possible.

Pat Cabarga said she disagreed with the Manager's recommendation on this matter. She also expressed concurrence with Ms. Wasaluski's observation that Kingston Drive was dangerous for children and adults alike. Ms. Cabarga requested that no traffic be added to Kingston Drive.

Council Member Brown said the Council needed to do a lot of work and thinking, including the possibility of median cuts on NC 86, before acting on this matter. She suggested that the Town initiate discussions with NCDOT about the possibility of a median cut at Westminster Drive and in the area of the Windsor Park development.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 18, ADDING A STIPULATION REGARDING A MEDIAN CUT ON NC 86 AT WINDSOR PARK.

Council Member Andresen inquired whether or not it was correct that specific median cuts were not being endorsed at this time. Mr. Horton said this was correct. Mayor Waldorf inquired how talks with NCDOT officials about median cuts were apt to proceed. Mr. Horton said if more than one median cut was proposed on NC 86, the NCDOT might propose a five-lane cross section at Westminster Drive. He also said that NCDOT might be reluctant to proceed with right-of-way acquisition without knowing the final design of NC 86.

Council Member Capowski inquired about the scope of Timberlyne neighborhood. Mr. Rosen outlined the neighborhood's boundaries. Noting that a number of people from the Timberlyne neighborhood currently cut through the Timberlyne Shopping Center to access NC 86, Mr. Rosen said a median cut at Westminster Drive would be very helpful. Council Member Capowski asked whether reducing southbound traffic on Kingston Drive was the Association's main reason to support a median cut at Westminster Drive. Mr. Rosen said this was correct.

Council Member Brown inquired whether or not NCDOT could unilaterally take median cuts out of the plan for NC 86. Mr. Horton said NCDOT could potentially put the entire roadway plan on the table.

Council Member Andresen said the cut at Westminster Drive was necessary. She requested that Town staff talk to NCDOT about arriving at a date certain for resolution of this matter. Mayor Waldorf said she was not sure that all Council Members thought that three median cuts were needed on this portion of NC 86. Council Member Brown said she was suggesting two median cuts, with alternatives for the second cut being examined in detail.

Council Member Capowski said although it would be desirable for North Forest Hills residents to have a median cut on NC 86 at Stateside Drive, this did not appear to be an option. Council Member Brown said she was just offering this as an option for consideration. Council Member Evans said nothing had been locked in in this regard.

Council Member Chilton said he favored median cuts on NC 86 at Westminster Drive, Stateside Drive and a third cut at Windsor Park. Expressing his concurrence with Council Member Chilton's remarks, Council Member Franck said he could not support the proposed resolution as amended. Mayor Waldorf said she agreed that a clear choice was needed in order to back it up.

Council Member Brown inquired about the Manager's perspective on this matter. Mr. Horton said he recommended that the Council forward an instruction with one change only.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 18 AS WRITTEN. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING THE MANAGER TO PURSUE DISCUSSIONS WITH NCDOT FOR AN ADDITIONAL MEDIAN CUT ALONG N.C. 86 TO ACCESS WESTMINSTER DRIVE AND TO FURTHER STUDY THE LOCATION OF A SECOND MEDIAN CUT (96-6-10/R-18)

WHEREAS, the Council directed the Appearance Commission/Design Review Board to study the effects of new and anticipated development along the N.C. 86 corridor as the effects relate to transportation patterns; and

WHEREAS, the Appearance Commission/Design Review Board developed a set of recommendations for transportation patterns along N.C. 86 between Weaver Dairy Road and Homestead Road, including a recommendation to include an additional median cut along N.C. 86 to access Westminster Drive when the corridor is widened; and

WHEREAS, on November 28, 1994, the Council endorsed an NCDOT plan to improve N.C. 86 between Interstate 40 and Homestead Road which included only one median cut between Weaver Dairy Road and Homestead Road, at Stateside Drive;

NOW, THEREFORE, BE IT RESOLVED that the Town Council directs the Manager pursue discussions with NCDOT of the possibility of an additional median cut along N.C. 86 to access Westminster Drive, and to report back to the Council on the results of those discussions.

This, the 10th day of June, 1996.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 17.

Council Member Brown said she would vote against the proposed resolution, in light of concerns of neighborhood residents.

Council Member Andresen inquired what voting for the resolution would mean. Mr. Horton said staff would offer an analysis of options, taking into account information including comments from citizens at this evening's hearing.

Stating that a lot of good modelling data was available, Mayor Waldorf said the matter should not be treated as if it were a clause in the Development Ordinance.

COUNCIL MEMBER CHILTON WITHDREW HIS SECOND OF THE MOTION. COUNCIL MEMBER EVANS SECONDED THE MOTION.

RESOLUTION 17 WAS ADOPTED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND CHILTON VOTING NO.

A RESOLUTION THANKING ADVISORY BOARDS AND DIRECTING THE MANAGER TO CONSIDER THE RECOMMENDATIONS OF THE N.C. 86 CORRIDOR STUDY IN REVIEWING DEVELOPMENT PROPOSALS IN THE AREA BETWEEN WEAVER DAIRY ROAD AND HOMESTEAD ROAD (96-6-10/R-17)

WHEREAS, the Council directed the Appearance Commission, Design Review Board and representatives of the Transportation Board to study the effects of new and anticipated development along the N.C. 86 corridor as the effects relate to transportation patterns; and

WHEREAS, these Boards have developed a set of recommendations for transportation patterns related to proposed developments in the vicinity of N.C. 86 between Weaver Dairy Road and Homestead Road.

NOW, THEREFORE, BE IT RESOLVED that the Town Council extends its thanks and appreciation to these Advisory Boards for bringing this report.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to consider the recommendations of the N.C. 86 Corridor Study of June 10, 1996 in reviewing development proposals in the area between Weaver Dairy Road and Homestead Road.

This, the 10th day of June, 1996.

Stating that it was difficult to discuss issues in the middle of quasi-judicial matters, Council Member Chilton said he was concerned about some of the recommendations, rather than being ungrateful to those who wrote the report.

Item 8 U.S. 15-501 Improvements

Senior Transportation Planner David Bonk said a public hearing on possible improvements to U.S. 15-501 would be held on June 20th at Fearrington Barn. Mr. Bonk said the Manager recommended Council adoption of Resolution A.

Council Member Capowski inquired whether any cost savings were likely from regular maintenance of bicycle lanes. Mr. Bonk said this was difficult to determine. Mr. Horton said it was likely that there would be no response from NCDOT on such a matter.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 19A.

Council Member Andresen inquired about illustrative differences between a sixteen foot and thirty foot median. Mr. Bonk said a sixteen foot median was proposed on certain portions of the NC 86 project. Council Member Andresen inquired about the width of the median along the bypass. Mr. Horton said this median was twenty feet wide. Mayor Waldorf said she favored a sixteen foot median. Council Mebmer Andresen expressed her concurrence, noting that a sensitive area was involved.

Noting that Chatham County was looking for balance in terms of a commercial tax base, Council Member Evans asked whether Chatham County was supportive of the Town's request. Mr. Horton said although Chatham County had been initially supportive, the Council had not authorized any specific overtures on this matter.

Council Member Brown inquired about the width of the median on Interstate 40. Mr. Bonk said it was forty-six to forty-seven feet wide.

Mayor Waldorf said she thought that the proposed resolution was a good one.

RESOLUTION 19A WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION PROVIDING COMMENTS TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ON THE U.S. 15-501 SOUTH ENVIRONMENTAL ASSESSMENT AND PROPOSED IMPROVEMENT PLANS (96-6-10/R-19a)

WHEREAS, the State of North Carolina Department of Transportation has proposed to make improvements along U.S. 15-501 from Morgan Creek to Pittsboro; and

WHEREAS, the Department of Transportation has prepared an Environmental Assessment and proposed improvement plans for the U.S. 15-501 South project; and

WHEREAS, the Department of Transportation has scheduled a public hearing for June 20, 1997 and requested comments on the roadway improvement plans and Environmental Assessment,

NOW THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council provides the following comments to the Department of Transportation:

- The project phasing for the U.S. 15-501 South improvements should include improvements along U.S. 15-501 from Culbreth Road to Dogwood Acres Drive as part of the first phase of construction.

- The median width along the Orange County portion of the project should be reduced from the proposed 30 foot width to 16'. Cost savings from this reduction in the median width should be allocated to a sidewalk along the portion of U.S. 15-501 between Culbreth Road and Dogwood Acres Drive.

- The State should proceed as soon as possible with the sub-area study that was endorsed by the Transportation Advisory Committee in 1994.

- A sidewalk should be provided as part of this project on the west side of U.S. 15-501 from Culbreth Road to Dogwood Acres Drive, as agreed to by NCDOT and the Durham-Chapel Hill-Carrboro Transportation Advisory Committee in 1994.

- The proposed 4' bicycle lane should be identified as a bicycle facility and regularly maintained.

- The Town appreciates the attempt to limit the impacts of the roadway widening on Town owned land adjacent to U.S. 15-501 South.

BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to transit these comments to the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee and requests that the Committee consider them in their ongoing discussions with the Department of Transportation related to the development of the 1997-2003 Transportation Improvement Program.

This the 10th day of June, 1996.

Item 9 1997-2003 Transportation Improvements Program

Senior Transportation Planner David Bonk reviewed the proposed projects in the Transportation Improvements Program and noted that adoption of Resolution 20 was recommended.

Council Member Andresen asked whether it was correct that Weaver Dairy Road was a higher priority than Estes Drive. Mr. Bonk said the priority list had been developed last October. Council Member Andresen said she favored moving Weaver Dairy Road up on the priority list.

Transportation Board Member Ruby Sinreich said she had recently been struck by a Chapel Hill Transit bus while riding her bicycle on South Columbia Street.

Council Member Brown asked whether any funds were left for South Columbia Street. Council Member Franck said there were no more funds. Council Member Brown inquired whether or not there was any hope of this changing. Mr. Horton said there was a good possiblity of this changing through Council communication with Transportation Secretary Gorman Gilbert. Mayor Waldorf said the Transportation Advisory Committee said to put South Columbia Street back in the priority list. Council Member Franck said he believed that NCDOT paid little attention to comments received from local elected officials.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 20, DELETING THE INTERSTATE 40 WIDENING PROJECT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION PROPOSING MODIFICATIONS TO THE DRAFT DURHAM-CHAPEL HILL-CARRBORO URBAN AREA 1997-2003 METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM AND RECOMMENDING APPROVAL BY THE TRANSPORTATION ADVISORY COMMITTEE (96-6-10/R-20)

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilities; and

WHEREAS, the Town of Chapel Hill has considered its transportation needs and identified projects that would meet the Town's transportation goals; and

WHEREAS, the Durham Urban Area Transportation Advisory Committee has prepared a draft Metropolitan Transportation Improvement Program; and

WHEREAS, the Council has reviewed the draft Metropolitan Transportation Improvement Program;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends to the Transportation Advisory Committee that the 1997-2003 Metropolitan Transportation Improvement Program be adopted with the following comments:

* Funding for South Columbia project should be retained.

* The proposed median for the U.S. 15-501 South project should be reduced and funds reallocated from this project to Weaver Dairy Road and South Columbia improvements.

* The project phasing for the U.S. 15-501 South project should incorporate improvements to the roadway from the Morgan Creek bridge to Dogwood Acres Drive as part of the first phase.

* Weaver Dairy Road improvements should be fully funded and accelerated. If the project must be broken into phases, those improvements adjacent to the new Chapel Hill East High School should be undertaken as the first phase.

* Additional funds should be provided for the U.S. 15-501 Boulevard Major Investment Study and for interim improvements along the Boulevard.

* The I-40 widening Project should be removed from the TIP.

This the 10th day of June, 1996.

Item 10 University Village Time Extension

Mr. Horton presented an overview of the applicant's time extension request, noting that a fifteen month project time horizon, rather than two years, was suggested. Council Member Andresen inquired about the extent of Mr. Perry's investment in the project during the last year. Mr. Perry said approximately $321,000 had been expended on the project to date, including the expense of rerouting a major force main. He also made a pledge that if it was not possible to complete the project in the requested timeframe, no additional extension would be requested. Stating that the proposed project encompassed less than 33,000 square feet of retail and office uses, Mr. Perry requested that the Council support his extension request.

Johnny Morris expressed his support for extending the time limit for the proposed University Village project. He said that the project was a well-designed and needed small specialty center. He urged the Council to support the proposed time extension.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 21A.

Council Member Andresen inquired what existing zoning permitted. Mr. Waldon said existing zoning permitted office buildings and a small amount of retail uses.

Council Member Capowski asked whether or not conditions had changed in relation to granting of the extension. Mr. Waldon said although conditions had changed, these changes were not substantial.

Noting that the property was zoned community commercial, Council Member Brown inquired about restrictions of uses on the site. Mr. Waldon said the uses were specified in the project's special use permit

Stating that it had taken an excessively long period of time for development to occur on this property, Council Member Andresen said key concerns were changing conditions and the proximity of the project to an existing elementary school.

Stating that she thought conditions had changed, Council Member Brown said she would vote no. Council Member Franck noted that the Triangle Transit Authority had plans for a fixed guideway in this area.

RESOLUTION 21A FAILED BY A VOTE OF 3-5, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI, CHILTON AND FRANCK VOTING NO.

Mr. Karpinos said it would be helpful to have a denial resolution in the records of the proceedings.

Stating that the Triangle Transit Authority corridor might not affect the subject property at all, Council Member Evans inquired what other conditions had changed. Council Member Franck said a number of conditions had changed significantly.

RESOLUTION 21B WAS APPROVED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS EVANS AND PAVAO AND MAYOR WALDORF VOTING NO.

A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR UNIVERSITY VILLAGE (96-6-10/R-21b)

WHEREAS, East West Partners Management Company has requested an extension of the completion time limit for University Village; and

WHEREAS, Article 18.6.2 of the Chapel Hill Development Ordinance requires the Council to make the determination that a) the permit holder submitted the request within 60 days of the completion date; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and

WHEREAS, conditions have changed substantially in that the Council amended the Comprehensive Plan by adopting the NC 54 East Entranceway Work Group Report on July 12, 1995, subsequently rezoned 426 acres of land in the area, and approved recommendations from the Triangle Transit Authority regarding a fixed guideway transit system in this area.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council denies the request of East West Partners Management Company, Inc. for the extension of the completion date of University Village and refers the Company to the Special Use Permit Modification process to reactivate the development proposal.

This the 10th day of June, 1996.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 22, TABLING THE WEBB TAXICAB PERMIT APPEAL MATTER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION TABLING AN ORDINANCE GRANTING AN EXCEPTION TO SECTION 20-38 OF THE TOWN CODE TO ALLOW CLARENCE WEBB TO OPERATE A TAXICAB IN THE TOWN OF CHAPEL HILL (96-6-10/R-22)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby tables the “Ordinance Granting an Exception to Section 20-38 of the Town Code to Allow Clarence Webb to Operate a Taxicab in the Town of Chapel Hill.”

BE IT FURTHER RESOLVED that this matter shall be reconsidered at the next meeting at which the full Council is in attendance or at such earlier time as the Council, by majority vote, shall decide to otherwise remove this matter from the table.

This the 10^th day of June, 1996.

Item 11 Discussion of Consent Agenda Items

Council Member Capowski said he had removed this item from the consent agenda to publicize the fact that bicycle helmets needed to be worn by all persons on Town bicycle trails.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND CHAPTER 12 OF THE TOWN CODE (96-6-10/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends Chapter 12 of the Town Code in regard to the following:

ARTICLE I. IN GENERAL

Sec. 12-1. Opening and closing hours of town parks; remaining in parks after closing.

Except as authorized by the Director of Parks and Recreation, or his designee, the following town parks and Greenways are closed from 30 minutes past sunset until 6:00 a.m.:

Battle Branch Trail;

Bolin Creek Trail;

Booker Creek Trail;

Burlington Boulevard Park;

Emily Braswell Perry Park;

Gomains Tot Lot;

Greendale Park;

Jones Park;

North Forest Hills Park;

Pine Knolls Neighborhood Park;

Tanyard Branch Trail;

Westwood Park;

all entranceways, greenways, parks, and open space lands not specifically mentioned in this ordinance

Except as authorized by the Director of Parks and Recreation, or his designee, the following town parks are closed from 11:00 p.m. until 6:00 a.m.:

Cedar Falls Park;

Community Center Park;

Ephesus Park;

Hargraves Park;

Lincoln Gymnasium and Arts Building;

Oakwood Park;

Phillips Park;

Pritchard Park;

Umstead Park.

Except as authorized by the Director of Parks and Recreation, or his designee, the following town park is closed from midnight until 6:00 a.m.:

Rosemary Street Parking Deck Plaza

Upon complaint by any person or town police or public safety officer or town parks and recreation department employee, any person upon any town park after the park has closed may be asked to leave, unless that person is participating in a Town sponsored program or has obtained, from the Director of Parks & Recreation, written permission to remain on the site. It shall be unlawful to remain upon the park during the time the park is closed.

Sec. 12-2. Compliance with regulations; enforcement.

All persons in any park, greenway, open space, entranceway, playground, recreation or community center, facilities temporarily leased by the Town for parks and recreation purposes, swimming area or facility (collectively "park") owned or controlled by the Town of Chapel Hill shall obey the regulations set out in section 12-3. These regulations and other provisions of this article may be enforced by any law enforcement officer within the officer's appropriate territorial and subject jurisdiction or by the parks and recreation director, or by any parks and recreation department employee so designated and empowered by the parks and recreation director. (Ord. No. 0-85-52, § 1, 8-26-85)

Sec. 12-3. Rules and regulations for town parks.

(a) No person shall willfully mark, deface, disfigure, injure, tamper with, or without the authorization of the town, displace or remove any structure, equipment, facility, or any other real or personal property, that is the property of or under the control of the parks and recreation department.

(b) No person shall willfully damage, cut, carve, transplant or remove any tree, shrub, bush or plant within any park except in maintenance or other activity under the direction of the town.

(c) No person shall willfully disturb, harass, capture, harm, molest, or injure any wild animal or its habitat within any park except in maintenance or other activity under the direction of the town.

(d) No person shall drive, park or ride any motorized vehicle in any park except in areas so marked, signed or designated for motorized vehicular traffic and except in maintenance or other activity under the direction of the town and by persons requiring the use of motorized wheelchairs.

(e) No person shall drive, park, or ride non-motorized vehicles in any park, greenway, entranceway, or open space signed for the exclusion of non-motorized vehicles except in maintenance or other activities under the direction of the town and by persons requiring the use of non-motorized wheelchairs.

(f) No pedestrian, or person utilizing a non-motorized vehicle, on trails and roads located within parks, greenways, entranceways, or open space shall act in a manner that endangers other users. The following shall be prohibited by all park users:

(1). Passing pedestrian or non-motorized vehicle users on the right.

(2). Traveling left of the center line of the trail.

(3). Failing to control non-motorized vehicles.

(4). Using public trails under the influence of illegal drugs or alcohol.

(5). Failing to signal with voice, bell, or horn prior to passing pedestrian or non-motorized vehicle users.

(6). Exceeding posted speed limits.

(7). Acting in a manner which causes more than 50% of a trail, path or road to be blocked.

(8). Failing to yield the right-of-way when crossing trails, bike paths, or roads.

(9). Using public paths or greenway trails to gain unlawful or uninvited access to private property.

(g) All persons operating a bicycle on a public trail within the Town shall wear a protective helmet on his or her head, with the chin strap fastened under the chin. Said helmet shall be fitted to the size of the operator and shall meet or exceed the ANSI (American National Standards Institute) Z90.4 or subsequent bicycle helmet standards, or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling or subsequent standards.

(h) No person shall dump, deposit, leave or place trash, rubbish, garbage, ashes wastes, broken glass or other rubbish within any park, greenway, entranceway, or open space except in garbage, trash recycling or other property receptacles provided for the purpose. No person shall dispose of household garbage or rubbish within any park.

(i) No person shall camp or stay overnight in any park, except with written permission from the parks and recreation director.

(j) Except for authorized personnel or agents of the parks and recreation department or law enforcement personnel, no person shall enter any park or remain in any park during the hours the park is closed to the public as set out in section 12-1 above.

(k) Dogs, cats, and other pets, excluding horses, livestock and animals not commonly domesticated, are allowed within the parks, except in those areas specifically marked and designated that no dogs, cats, or other pets shall be allowed. All animals are subject to the Town animal control ordinance.

(l) No person shall solicit, peddle or beg within any park, or sell any merchandise or wares. This subsection shall not apply to (i) any concession franchise granted by the parks and recreation department for a park, or (ii) any solicitation or sale of goods by nonprofit or civic groups, provided that written permission is obtained in advance from the parks and recreation director or the director's designee.

(m) No person shall carry, possess or use any firearm or other dangerous weapon within any park. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment.

(n) No person shall use, consume or possess any alcoholic beverages, beer or wine within the park; no person shall use, consume or possess any narcotic drug or hallucinogen or any other controlled substance within any park without a valid physician's prescription for the substance.

(o) All persons in any park shall obey all posted regulations, signs and directions.

(p) No person shall swim or boat in parks except in waters and in areas designated for such purpose or purposes by the parks and recreation department.

(q) No person shall engage, either verbally or physically, in any loud, disruptive or offensive conduct, or engage in any activity or sport in a manner which threatens the safety or welfare of other patrons of the park, or which unreasonably impairs the public's opportunity to use and enjoy the park.

(r) All persons using or present in the vicinity of swimming pools or other water areas shall obey oral instructions from pool staff members, posted regulations and notices relating to conduct of patrons, safety requirements, and health and hygiene requirements.

(s) Participants in organized league sports shall obey the special rules and regulations relating to such activities in the park as prescribed by the parks and recreation department.

(t) No person other than parks and recreation department personnel acting within the scope of their employment shall, without the permission of the town, place, maintain or erect any sign, poster, notice or advertising device within any park.

(u) No person, except those persons requiring the use of a seeing eye dog or receiving writtenpermission from the Director of the Parks and Recreation Department, shall bring ~~a dog~~ any animal onto public sidewalks and streets which have been closed by the Town Council for the purpose of holding Street Fairs, races, or other community events. All animals are subject to the Town animal control ordinance.

(v) Any person shall immediately leave park premises after being requested or directed to leave by the parks and recreation director or the director's designee. The parks and recreation director or director's designee shall make such a request only upon a reasonable belief that the person has violated the provisions of this section. Any person leaving or removed from the park shall not re-enter the park unless he or she obeys all regulations governing use of the park. (Ord. No. 0-85-52, § 2, 8-26-85)

Sec. 12-4. Penalty for violation of section 12-3.

Each violation of the provisions of section 12-3 of this article shall be a misdemeanor and be subject to a fine of $500 or imprisonment for not more than 30 days."

Secs. 12-5 - 12-15. Reserved.

This the 10th day of June, 1996.

Council Member Andresen said she thought it was unfair to move the East Franklin Street corridor study hearing to September, rather than holding it on June 17th. Council Member Franck said he thought that the proposed hearing date of September 16th was fine.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

RESOLUTION RESCHEDULING PUBIC HEARINGS (96-6-10/R-4)

WHEREAS the Town Council has scheduled consideration of the East Franklin Corridor Study expansion for Public Hearing on June 17, 1996; and

WHEREAS the Town Council desires to schedule time to receive public comment on a report from the UNC-Chapel Hill Planning Panel on June 17, 1996 regarding ~~to take public comment on~~ proposed Land Use Plans for the University's Horace Williams and Mason Farm properties;

NOW THEREFORE BE IT RESOLVED that the Council will receive a report from the UNC-Planning Panel on June 17, 1996 regarding ~~calls a Public Hearing for June 17, 1996, for consideration of~~ the draft land use plans for the Horace Williams and Mason Farm properties~~, such hearing to be held at the Chapel Hill Town Hall at 306 N. Columbia Street, at 7:00 p.m.~~

BE IT FURTHER RESOLVED that the Council reschedules a Public Hearing to consider the proposed East Franklin Corridor Study expansion from June 17, 1996 to September 16, 1996, such hearing to be held at the Chapel Hill Town Hall at 306 N. Columbia Street, at 7:00 pm.

This the 10th day of June, 1996.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO HOLD A CLOSED SESSION, AS AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 143-318.11(a)(3) TO CONSIDER THREE LAWSUITS. THE PARTIES TO THE LAWSUITS ARE DEIRDRE BATCH AND THE TOWN OF CHAPEL HILL; PRIMESOUTH, INC. AND THE TOWN OF CHAPEL HILL; AND FORTERRA CORPORATION AND THE TOWN OF CHAPEL HILL.

IN ADDITION, COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO HOLD A CLOSED SESSION, AS AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE SECTION 143-318(a)(6), TO BEGIN THE PROCESS FOR EVALUATION OF THE MANAGER AND ATTORNEY.

THE MOTIONS WERE ADOPTED UNANIMOUSLY (8-0).

Mayor Waldorf noted that no report would follow the closed session.

The regular meeting concluded at 10:45 p.m.