A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2005-06-15/R-1)

 

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

 

a.

Minutes March 23, April 5, 6 (2 sets), and 11.

b.

Nominations to various boards and committees (R-2).

c.

Resolution Calling A Special Meeting of the Town Council on June 20, 2005 (R-3).

d.

Amendment to Contract for Services for Stainback Public/Private Real Estate (R-4).

e.

Removed.

f.

Resolution Accepting a Grant for Purchase of Portable Radios (R-6a, b) (O-0.1).

g.

Removed.

h.

Bids on Phase II Rehabilitation Work at Airport Gardens Public Housing Neighborhood (R-7).

i.

Consideration of Multi-way Stop Control at the Intersection of Tinkerbell Road and Ferrell Road (O-2).

j.

Consideration of Multi-way Stop Control at the Intersection of Clayton Road and Caswell Road (O-3).

k.

Proposed Town of Chapel Hill Green Fleets Policy (R-8).

l.

Removed.

m.

Resolution Authorizing Renewal of a Lease for Old Town Hall (R-10).

n.

Resolution Authorizing Renewal of Lease for a Portion of the Old Post Office to Franklin Street Teen Center, Inc. (R-11).

o.

Draft Greenways Commission Comprehensive Master Plan (R-12).

p.

Resolution Calling a Public Hearing on Proposed Modification of the Land Use Management Ordinance Related to Payment in Lieu of Recreation Area (R-13).

q.

Dedication of a Sewer Easement on Town Property (Greendale Park) (R-14).

r.

Award of Bid for Financing of Vehicle and Computer Replacements for the 2004-2005 Fiscal Year (R-15).

 

This the 15th day of June, 2005.

 

 

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMITTEES (2005-06-15/R-2)

 

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

 

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

 

Bicycle and Pedestrian Advisory Board

Tabitha Combs

Audrey de Nazelle

Kate Millard

Wendy Sarratt

 

Historic District Commission

Ann Hartell

 

Horace Williams Citizens Committee

Albert Burk

Joe Capowski

Michael Collins

Julie McClintock

Del Snow

Diane VandenBroek

 

Housing and Community Development Advisory Board

Shireen Smith

 

Human Services Advisory Board

Lawrence K. Daquioag

 

Orange County Animal Services Advisory Board

Robert Peterson

Jean R. Taylor

 

Orange Water and Sewer Authority Board of Directors

Michael (Mac) Clarke

 

This the 15th day of June, 2005.

 

 

 

A RESOLUTION CALLING A SPECIAL MEETING OF THE TOWN COUNCIL (2005-06-15/R-3)

 

WHEREAS, the Council of the Town of Chapel Hill desires to consider awarding bids related to the construction of the Town Operations Center in a timely fashion;

 

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a Special Meeting of the Council is to be held at the beginning of the regularly scheduled public hearing on June 20, 2005.

 

This the 15th day of June, 2005.

 

A RESOLUTION AUTHORIZING A CONTRACT AMENDMENT FOR CONSULTING SERVICES With Stainback Public/Private Real Estate (2005-06-15/R-4)

 

WHEREAS, the Comprehensive Plan and Downtown Small Area Plan identify Town Parking Lots 2 and 5 as key redevelopment sites; and

 

WHEREAS, on October 27, 2003, the Council authorized the Town Manager to execute  a contract with Stainback Public/Private Real Estate to provide economic development consulting services for the future development of Parking Lots 2 and 5 in downtown Chapel Hill; and

 

WHEREAS, on June 14, 2004, the Council authorized proceeding with financial analysis of Master Plans for Lots 2 and 5 and the Wallace Parking Deck, with options including consideration of a Transit Transfer Center on Lot 2 and a parking structure on the privately-owned RBC Centura property; and

 

WHEREAS, the Council has solicited Request for Qualification proposals and Request for Proposals for the sites, and contemplates entering into negotiations with a developer;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a contract amendment with Stainback Public/Private Real Estate based substantially on the terms described in the attached memorandum of June 15, 2005 to provide greater definition to the Scope of Work and Schedule for negotiation of a Development Agreement. 

 

This the 15th day of June, 2005.

 

 

A RESOLUTION AUTHORIZING MAYOR TO SIGN MEMORANDUM OF AGREEMENT WITH ORANGE COUNTY AND CARRBORO FOR DEVELOPMENT OF COUNTYWIDE EMISSIONS INVENTORY/ACTION PlAN (2005-06-15/R-5)

 

WHEREAS, on August 23, 1999, the Town Council adopted a resolution to join the International Council for Local Environmental Initiatives Cities for Climate Protection Campaign and develop a local action plan for reducing greenhouse gas emissions, contingent on securing grant funds; and

 

WHEREAS, on October 22, 2001, the Council adopted a resolution requesting the Orange County Board of Commissioners and the Carrboro Board of Aldermen to authorize their Managers to work jointly with Chapel Hill staff to obtain a funding source and prepare a countywide emissions reduction plan once funding becomes available; and

 

WHEREAS, on February 24, 2003, the Council adopted a Resolution requesting that the Mayor ask Orange County to place the topic of conducting a countywide emissions inventory and greenhouse gas reduction plan on the agenda of the April 2003 Orange County Assembly of Governments meeting; and

 

WHEREAS, staff with the Town of Chapel Hill, Town of Carrboro and Orange County have selected a consulting firm to develop the Inventory and Action Plan and drafted a joint Memorandum of Agreement for consideration by the Chapel Hill Town Council, Carrboro Board of Aldermen and the Orange County Board of Commissioners;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to sign the Memorandum of Agreement attached with this memorandum. 

BE IT FURTHER RESOLVED that $13,000 for the Town’s share of the project costs as described in the Memorandum of Agreement be included in the 2005-06 Budget to be considered by the Council on June 27, 2005.

This the 15th day of June, 2005.

 

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE UNITED STATES FIRE ADMINISTRATION GRANT (2005-06-15/R-6a)

 

WHEREAS, the United States Fire Administration has made federal funds available to enhance the radio communications capabilities of the Chapel Hill Fire Department; and

 

WHEREAS, the Town’s United States Fire Administration grant application in the amount of $310,608 was approved by the United States Fire Administration; and

 

WHEREAS, the grant funds would be used to purchase 64 portable 800 megahertz radios, two mobile repeaters, a digital voice recorder and additional related equipment; and

 

WHEREAS, this equipment will enhance communication capabilities with local and regional public safety agencies;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the United States Fire Administration Grant and to make all necessary assurances.

 

This the 15th day of June, 2005.

 

 

A RESOLUTION AUTHORIZING THE AWARD OF BID TO THE STATE CONTRACT VENDOR, MOTOROLA INCORPORATED, FOR THE PURCHASE OF RADIO AND EQUIPMENT (2005-06-15/R-6b)

 

WHEREAS, the United States Fire Administration has made federal funds available to enhance the radio communications capabilities of the Chapel Hill Fire Department; and

 

WHEREAS, the radios and associated equipment to be purchased are available for purchase from the North Carolina State contract vendor;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to award bid to Motorola, Incorporated in the amount of $345,019.07 for 64 radios and associated equipment.

 

This the 15th day of June, 2005.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2005-06-15/O-0.1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2004” as duly adopted on June 14, 2004 and the same is hereby amended as follows:

 

This the 15th day of June, 2005.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2005-06-15/O-2)

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

Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:

“Through Streets                                Stop Streets

Ferrell Road                                   Tinkerbell Road”

Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:

“Intersection(s)

            Tinkerbell Road and Ferrell Road”

Section 3.  This ordinance shall become effective July 18, 2005.

A RESOLUTION ACCEPTING AND AWARDING THE BID FOR PHASE II OF THE COMPREHENSIVE REHABILITATION OF AIRPORT GARDENS APARTMENTS (2005-06-15/R-7)

 

WHEREAS, the Town of Chapel Hill solicited formal bids by advertisement in The Chapel Hill News, Chapel Hill, North Carolina on April 10, 2005 and in the Greater Diversity News, Wilmington, North Carolina on April 7, 2005, in accordance with G.S. 143-128 for the construction work; and

 

WHEREAS, the following bids were received and opened April 27, 2005:

 

VENDOR                                           BASE BID                 ALT. 1                                    ALT. 2

                                                            (8 Apts., Site Work     (Deletion of                 (Deletion of

                                                            and Parking Lot)                     Site Work)                  Parking Lot)

 

Carl Garris & Son, Inc.                                   $840,000                     $290,000                     $15,000          

Lake View, SC

 

Hart Brothers Contracting, Inc.                      $1,190,000                  $275,000                     $24,000

Durham, NC

 

Raleigh Durham Construction, Co.    $1,069,512                  $385,000                     $40,000          

Raleigh, NC

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the base bid, and awards a contract to Carl Garris & Son, Inc. in the amount of $840,000 for the comprehensive rehabilitation of the remaining eight apartments, site rehabilitation work and work associated with the parking area repairs and overlay at the Airport Gardens public housing neighborhood.

 

This the 15th day of June, 2005.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2005-06-15/O-3)

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

Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:

“Through Streets                                Stop Streets

Caswell Road                                   Clayton Road”

Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:

“Intersection(s)

            Caswell Road and Clayton Road”

Section 3.  This ordinance shall become effective July 18, 2005.

This the 15th day of June, 2005.

 

A RESOLUTION ESTABLISHING THE TOWN OF CHAPEL HILL GREEN FLEETS POLICY (2005-06-15/R-8)

WHEREAS, the Town of Chapel Hill is committed to cost savings measures to reduce the energy consumption of its automotive fleet; and

WHEREAS, the Town of Chapel Hill is committed to reducing our dependence on foreign oil; and

WHEREAS, the Town of Chapel Hill is committed to the regional effort to improve air quality;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the attached Town of Chapel Hill Green Fleets Policy to become effective immediately.

This the 15th day of June, 2005.

 

A RESOLUTION AUTHORIZING A LEASE FOR OLD TOWN HALL FOR USE AS A SHELTER FOR THE HOMELESS (2005-06-15/R-10)

 

WHEREAS, the Council of the Town of Chapel Hill, on November 23, 1987, authorized the Town Manager to enter into a lease for the Old Town Hall for use as a shelter for the homeless; and

 

WHEREAS, the Council of the Town of Chapel Hill has subsequently authorized a continuous series of lease extensions or renewals for the Old Town Hall for use as a shelter for the homeless; and

 

WHEREAS, the term of the most current lease was for two years, ending on August 31, 2004; and

 

WHEREAS, Inter-Faith Council for Social Services, Inc., has requested that the lease be renewed; and

 

WHEREAS, a notice of intent to execute this lease extension was published in the June 5, 2005, edition of The Chapel Hill News to satisfy the requirements of N. C. General Statute 160A-272;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into an agreement for the lease to the Inter-Faith Council for Social Services, Inc., for the Old Town Hall at 100 West Rosemary Street, for use as a shelter for the homeless and community kitchen, for a period beginning on July 1, 2005 and ending on June 30, 2007, said agreement to contain language substantially the same as contained in the attached lease agreement.

 

This the 15th day of June, 2005.

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO RENEW A LEASE FOR A PORTION OF THE OLD POST OFFICE FOR USE AS A TEEN CENTER (2005-06-15/R-11)

 

WHEREAS, the Council of the Town of Chapel Hill, in April, 1984, pursuant to G.S. 160A-272, authorized the Manager to enter into a lease for a portion of the Old Post Office for a Teen Center; and

 

WHEREAS, the Council of the Town of Chapel Hill has subsequently authorized a continuous series of lease extensions or renewals for a portion of the Old Post Office to the Franklin Street Teen Center, Inc. for use as a Teen Center; and

 

WHEREAS, the term of the most current lease was for two years, ending on August 31, 2004; and

 

WHEREAS, the Franklin Street Teen Center, Inc., has requested that the lease be renewed; and

 

WHEREAS, a notice of intent to execute this lease extension was published in the June 5, 2005, edition of The Chapel Hill News to satisfy the requirements of N. C. General Statute 160A-272;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager, on behalf of the Town, to enter into a renewal agreement for the lease to the Franklin Street Teen Center, Inc., of ap­proximately 2,400 square feet in the basement of the Old Post Office, at 179 East Franklin Street, for the operation of a Teen Center, said agreement to contain language substantially the same as contained in the attached lease agreement.

 

This the 15th day of June, 2005.

 

 

A RESOLUTION REFERRING THE DRAFT 2005 GREENWAYS COMPREHENSIVE MASTER PLAN TO THE MANAGER, BICYCLE AND PEDESTRIAN ADVISORY BOARD, GREENWAYS COMMISSION, PARKS AND RECREATION COMMISSION, PLANNING BOARD, AND TRANSPORTATION BOARD FOR COMMENTS AND RECOMMENDATIONS (2005-06-15/R-12)

 

WHEREAS, on May 26, 1998, the Council adopted the Chapel Hill Greenways Master Plan as a component of the Town’s Comprehensive Plan; and

 

WHEREAS, on September 8, 2003, the Council authorized the Greenways Commission to begin work on a revised Greenways Comprehensive Master Plan; and

 

WHEREAS, the Greenways Commission and staff have completed a draft 2005 Greenways Comprehensive Master Plan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the draft Greenways Comprehensive Master Plan and refers the document to the Manager, Bicycle and Pedestrian Advisory Board, Greenways Commission, Parks and Recreation Commission, Planning Board, and Transportation Board for comments and recommendations.

 

BE IT FURTHER RESOLVED that the Manager is authorized to schedule a Public Hearing to review the proposed changes to the Greenways Comprehensive Master Plan for November 14, 2005.

 

This the 15th day of June, 2005.

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGES TO THE PAYMENT IN LIEU OF PROVIDING RECREATION AREA PROVISIONS OF THE LAND USE MANAGEMENT ORDINANCE (2005-06-15/R-13)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for 7:00 pm on Monday, September 19, 2005, in the Chapel Hill Town Hall, to consider amending Section 5.5.2 (d) of the Land Use Management Ordinance and refers the proposed amendment to the Town Manager, Parks and Recreation Commission, Greenways Commission, and the Planning Board for an opportunity to comment and make recommendations.

This the 15th day of June, 2005.

 

A RESOLUTION AUTHORIZING DEDICATION TO OWASA OF A SEWER EASEMENT WITHIN GREENDALE PARK ON LAND OWNED BY THE TOWN OF CHAPEL HILL, WHICH IS DESCRIBED AS CHAPEL HILL TAX MAP 55.A.8. (2005-06-15/R-14)

 

WHEREAS, the owner of a lot on Sugarberry Road has requested that the Town dedicate a sewer easement to OWASA; and

 

WHEREAS, the proposed easement would allow a sewer connection to be made to a new single family home;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to transfer to OWASA a sewer easement approximately 80 feet in length by 30 feet wide located within Greendale Park on Town land, which is identified as Chapel Hill Tax Map 55.A.8.

 

This the 15th day of June, 2005.

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE LEASE-PURCHASE CONTRACTS FOR VEHICLE AND COMPUTER EQUIPMENT REPLACEMENT PURCHASES FOR THE 2004-2005 FISCAL YEAR (2005-06-15/R-15)

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the financing of a variety of vehicles and computer equipment for various departments; and

WHEREAS, Banc of America Leasing & Capital, LLC offers the lowest total interest cost of 3.02% for the three-year term for the purchase of vehicles totaling $214,000 and computer equipment totaling $192,000; and

WHEREAS, Banc of America Leasing & Capital, LLC offers the lowest total interest cost of 3.30 % for the seven-year term for the purchase of vehicles totaling $472,400;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with Banc of America on behalf of the Town for the financing of vehicles and computer equipment totaling $406,000 at a fixed interest cost of 3.02 % for a three-year term with total principal, interest and fees cost of $427,692.15, and to enter into a contract with Banc of America on behalf of the Town for the financing of additional vehicles totaling $472,400 with a fixed interest rate of 3.30 % for a seven-year term with total principal and interest cost of $532,885.53;

BE IT FURTHER RESOLVED that the aforesaid contracts by and between the Town of Chapel Hill, various State contract and other vendors, and Banc of America Leasing & Capital, LLC, together with the amounts to be paid thereunder, be designated as qualified tax-exempt obligations of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

BE IT FURTHER RESOLVED that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii) during the current calendar year.

This the 15th day of June, 2005.