A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2005-09-12/R-1)

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2005-09-12/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 February 21, May 4, 9, 12, 18, 23 (3 sets).

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

c. Recommendation of Consultant to Develop Stormwater Master Plan (R-3).

d. Recommendations on Orange Flag Crosswalk Pilot Program (R-4a, b).

e. Traffic Regulations Ordinance Amendment for Public Streets Serving New Developments (O-1).

f. Dedication of a Sewer Easement on Town Property in the Northside Neighborhood off of McDougald Street (R-5).

g. Property and Liability Insurance Agreement (R-6).

h. Workers’ Compensation Interlocal Agreement (R-7).

i. Annual Budget Amendment to Reappropriate Funds for Prior Year Encumbrances and Other Obligations (O-2).

j. Acceptance of ABC Board Contribution (R-8, O-3).

k. Resolution Authorizing Electronic Advertising of Bids (R-9).

l. Resolution Authorizing Informal Bid and Surplus Property Limits (R-10).

m. Amendment to Project Ordinance for a Transportation Capital Grant (O-4).

n. Project Ordinance for a Transportation Advanced Technology Grant (O-5).

o. Acceptance of a Therapeutic Recreation Grant from UNC’s Carolina Center for Public Service and the Student Philanthropy Project (R-11, O-6).

p. Report on the 2004-05 Public Housing Assessment System (PHAS) Management Operations Certification (R-12).

q. Establishment of a Project Ordinance for the 2005-2006 Capital Fund Program for Public Housing Renovations and Resident Services (O-7).

r. Partial Closing of Rosemary Street Right-of-Way for Downtown Development Project (R-13).

This the 12^th day of September, 2005.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS BOARDS AND COMMITTEES (2005-09-12/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:

Chapel Hill Active Living by Design Partnership Advisory Board

Erik Landfried

Diana Straughan

Horace Williams Citizens’ Committee

Ruby Sinreich

John Ager

Inclusionary Zoning Task Force

Robert Dowling

William M. Rohe

Million Solar Roofs Initiative

Alex Ashton

Lauren Brenner

Alice Neebe

Daniel C. Parker

Karen Rasmussen

Michele Rund

Town Pay Plan Committee

Anita Badrock

Gary Barnes

Neal Bench

Dace Bergen

Rebecca Clark

Harlan Cornell

Tracy L. Dudley

Rolin Mainuddin

Iris Schwintzer

Donald Tiedeman

Pikuei Tu

This the 12^th day of September, 2005.

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE AND TO EXECUTE A CONTRACT WITH JEWELL ENGINEERING CONSULTANTS, PC FOR THE DEVELOPMENT OF A STORMWATER MANAGEMENT PROGRAM MASTER PLAN (2005-09-12/R-3)

WHEREAS, the Town of Chapel Hill requested statements of qualifications from firms interested in providing consulting services to the Town for the development of a Chapel Hill Stormwater Management Program Master Plan; and

WHEREAS, the Town received eight statements of qualifications from interested firms and a selection panel conducted interviews with five of those firms; and

WHEREAS, of the five firms interviewed, Jewell Engineering Consultants, PC was the top choice of the selection panel, and The Rose Group, Inc. (teamed with Tetra Tech, Inc.; Clarion Associates LLC; and US Infrastructure of Carolina, Inc.) was the second choice of the selection panel;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to negotiate and to execute a contract, not to exceed $150,000.00, with Jewell Engineering Consultants, PC for the development of a Stormwater Management Master Plan for the Town of Chapel Hill, including optional annual contract extensions for up four subsequent fiscal years subject to funding availability each year and satisfactory performance by the consultant.

BE IT FURTHER RESOLVED that, if successful contract negotiations cannot be accomplished with Jewell Engineering Consultants, PC, the Council authorizes the Manager to negotiate and to execute a contract, not to exceed $150,000.00, with The Rose Group, Inc. (teamed with Tetra Tech, Inc.; Clarion Associates LLC; and US Infrastructure of Carolina, Inc.) for the development of a Stormwater Management Master Plan for the town of Chapel Hill, including optional annual contract extensions for up four subsequent fiscal years subject to funding availability each year and satisfactory performance by the consultant.

This the 12^th day of September, 2005.

A RESOLUTION DIRECTING THE TOWN MANAGER TO TERMINATE EXISTING ORANGE FLAG CROSSWALK PILOT PROJECTS IN CHAPEL HILL(2005-09-12/R-4a)

WHEREAS, the Council is interested in improving pedestrian safety at marked crosswalks in the Town; and

WHEREAS, the Council directed the Manager on January 10, 2005 to implement Orange Flag Crosswalk pilot projects at two locations; and

WHEREAS, the Orange Flag Crosswalk pilot projects were implemented in July 2005; and

WHEREAS, the Council received a letter from the Highway Safety Research Center expressing concerns about the pilot projects and the selected project locations; and

WHEREAS, the Council has received a follow-up report from the Manager recommending termination of the existing Orange Flag Crosswalk pilot projects; and

WHEREAS, the Council received a recommendation from the Transportation Board to terminate the Orange Flag Crosswalk pilot projects as soon as possible;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to terminate the existing Orange Flag Crosswalk pilot projects in Chapel Hill.

This the12^th day of September, 2005.

AN ORDINANCE AMENDING SECTION 21-11 AND 21-13 OF THE CODE OF ORDINANCES REGARDING SPEED REGULATIONS AND RIGHT-OF-WAY AND STOP REGULATIONS (2005-09-12/O-1)

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

Section 1. Section 21-11 (B) (2) of the Town Code of Ordinances, “twenty-five (25) miles per hour on the following streets:” is hereby amended by adding the following, in alphabetical order:

“Beringer Place

Butterfield Court

Cabernet Drive

Celtic Circle

Chateau Place

Cross Creek Drive

Dogwood Acres Drive from US 15-501 to a point 0.23 miles west at the Town’s Limit

Livingston Place

Maywood Way

Napa Valley Way

Old Larkspur Way

Sonoma Way

St. Louis Place

Vintage Way”

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

“Through Streets Stop Streets

Beringer Place Chateau Place

Cabernet Drive Vintage Drive

High School Road Celtic Circle

Maywood Way St. Louis Place

Maywood Way Old Larkspur Way (west portion)

Napa Valley Way Chateau Place

Napa Valley Way Cabernet Drive

Old Larkspur Way Butterfield Court

Old Larkspur Way Maywood Way

Old Larkspur Way Livingston Place

Sonoma Way Trellis Court

Weaver Dairy Road Extension Old Larkspur Way

Weaver Dairy Road Extension Napa Valley Way

Weaver Dairy Road Extension Sonoma Way

Weaver Dairy Road Cross Creek Way

US 15-501 Dogwood Acres Drive”

Section 3. Section 21-13 (c) of the Town Code “Right-of-way and stop regulations.” is hereby amended by adding the following, in alphabetical order:

“Intersection(s)

Napa Valley Way/Christine Court and Beringer Place/Vintage Drive”

Section 4. This ordinance shall become effective upon adoption.

This the 12^th day of September, 2005.

A RESOLUTION AUTHORIZING DEDICATION TO OWASA OF A SEWER EASEMENT ON LAND OWNED BY THE TOWN OF CHAPEL HILL, WHICH IS DESCRIBED AS CHAPEL HILL TAX MAP 7.94.B.6. (2005-09-12/R-5)

WHEREAS, OWASA has requested that the Town dedicate a sewer easement in order to allow OWASA to abandon two existing pump stations; and

WHEREAS, the proposed easement would allow OWASA to better meet its obligation to serve the public health and welfare; and

WHEREAS, the location of the easement would not adversely impact the quality of the Town property;

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 138 feet in length by 30 feet wide located on Town land, which is identified as Chapel Hill Tax Map 7.94.B.6.

This the 12^th day of September, 2005.

A RESOLUTION AUTHORIZING THE MANAGER AND MAYOR TO EXECUTE THE UPDATED AGREEMENT AND RESOLUTION FOR PARTICIPATION IN THE INTERLOCAL RISK FINANCING FUND OF NORTH CAROLINA (2005-09-12/R-6)

WHEREAS, certain municipalities and other units of local government of the State of North Carolina, as defined in G.S. 160A-460(2), have agreed to create the Interlocal Risk Financing Fund of North Carolina and have agreed to pool the risks of their exposure to property losses and potential liabilities in the manner herein provided pursuant to, and to be governed by, the provisions of North Carolina general Statutes 160A-460 et seq. (Part 1 of Article 20 of Chapter 160A);

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council elects to become a member of the Interlocal Risk Financing Fund of North Carolina upon the terms and conditions stated in the “Interlocal Agreement for a Group Self-Insurance Pool for Property and Liability Risk Sharing,” with such future policy renewals constituting a continuing ratification of this decision to be a member of the Fund and to abide by the terms and conditions of the Interlocal Agreement.

BE IT FURTHER RESOLVED that the duly authorized officials of the Town of Chapel Hill are directed to execute in the name of the Town of Chapel Hill the “Interlocal Agreement for a Group Self-Insurance Pool for Property and Liability Risk Sharing,” a copy of which is attached to and made a part of this Resolution.

This the 12^th day of September, 2005.

A RESOLUTION AUTHORIZING THE MANAGER AND MAYOR TO EXECUTE THE UPDATED AGREEMENT AND RESOLUTION FOR PARTICIPATION IN THE INTERLOCAL AGREEMENT FOR A GROUP SELF-INSURANCE POOL FOR WORKERS’ COMPENSATION RISK SHARING (2005-09-12/R-7)

WHEREAS, certain municipalities and other units of local government of the State of North Carolina, as defined in G.S. 160A-460, have agreed to create the Interlocal Agreement For A Group Self-Insurance Pool For Workers’ Compensation Risk Sharing, and have thereby agreed to pool the risk of their workers’ compensation liabilities and payment of claims for employers’ liability coverage pursuant to, and to be governed by, the provisions of North Carolina General Statutes 160A-460 et seq. (Part 1 of Article 20 of Chapter 160A);

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council elects to become a member of the Interlocal Agreement For A Group Self-Insurance Pool For Workers’ Compensation Risk Sharing upon the terms and conditions stated in the “Interlocal Agreement For A Group Self-Insurance Pool For Workers’ Compensation Risk Sharing” agreement, with such future policy renewals constituting a continuing ratification of this decision to be a member of the Pool and to abide by the terms and conditions of the Interlocal Agreement.

BE IT FURTHER RESOLVED that the duly authorized officials of the Town of Chapel Hill are directed to execute in the name of the Town of Chapel Hill the “Interlocal Agreement For A Group Self-Insurance Pool For Workers’ Compensation Risk Sharing”, a copy of which is available in the Town Clerk’s office.

This the 12^th of September, 2005.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2005-09-12/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2005” as duly adopted on June 27, 2005 and the same is hereby amended as follows:

This the 12th day of September, 2005.

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE ORANGE COUNTY ABC BOARD CONTRIBUTION (2005-09-12/R-8)

WHEREAS, the Orange County ABC Board has made funds available to enhance the quality of ABC law enforcement services provided to local communities; and

WHEREAS, the Town’s award in the amount of $3,250 has been approved by the Orange County ABC Board; and

WHEREAS, these funds would be used to purchase an identification scanner and digital cameras for ABC law enforcement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the aforementioned contribution and to make all necessary assurances.

This, the 12^th day of September, 2005.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2005” (2005-09-12/O-3)

This the 12th day of September, 2005.

A RESOLUTION AUTHORIZING ELECTRONIC ADVERTISING OF BIDS (2005-09-12/R-9)

WHEREAS, Chapter 328 of the 2001 Session Laws authorizes to approve the established method of electronic advertisement of bid proposals; and

WHEREAS, the method of electronic advertising would save tax dollars in advertising costs and would reach more potential bidders; and

WHEREAS, the method of electronic advertising may be used instead of, or in addition to advertising bid proposals in a local newspaper;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the method of electronic advertising of bid proposals via the internet in lieu of advertising in a local newspaper. Advertisement for bid proposals may take either the form of an electronic advertisement or the form of a local newspaper advertisement when all other provisions of G.S. 143-129 regarding the advertising of bid proposals are met.

This the 12^th day of September, 2005.

A RESOLUTION AUTHORIZING ADOPTION OF AN INCREASE IN THE INFORMAL BID LIMIT FROM $5,000 TO $30,000 AND AN INCREASE IN THE VALUE OF SURPLUS PROPERTY THAT MAY BE SOLD USING INFORMAL PROCEDURES FROM $5,000 TO $30,000 (2005-09-12/R-10)

WHEREAS, Chapter 227 of the 2005 Session Laws authorizes to increase the informal bidding limits to $30,000 and increase the value of surplus property that may be sold using informal procedures to $30,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the increase of the informal bidding limit from $5,000 to $30,000 and authorizes an increase to $30,000 in the value of surplus property that may be sold using informal procedures.

This the 12^th day of September, 2005.

AN ORDINANCE AMENDING A PROJECT BUDGET FOR A TRANSPORTATION GRANT (2005-09-12/O-4)

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 Federal Transit Administration Discretionary Program (Section 5309) funds are from a 2005 agreement with the Federal Transit Administration.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration and the North Carolina Department of Transportation within the funds appropriated herein.

SECTION III

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

Federal Transit Administration Discretionary Program (Section 5309)

Federal Transit Administration (FTA)	$1,411,871
N.C. Department of Transportation (NCDOT)	140,204
Town of Chapel Hill (local match)	155,480
Total	$1,707,555

SECTION IV

The following amounts are appropriated for the FY 2005 Section 5309 project:

Capital Equipment	$1,707,555
Total	$1,707,555

This the 12^th day of September, 2005.

A RESOLUTION ACCEPTING A $1,250 GRANT FROM UNC’S CAROLINA CENTER FOR PUBLIC SERVICE AND THE STUDENT PHILANTHROPY PROJECT (2005-09-12/R-11)

WHEREAS, the Council has implemented a community-based Therapeutic Recreation program for people with disabilities; and

WHEREAS, the community has expressed a desire for camps to serve youth with disabilities in Chapel Hill and Orange County; and

WHEREAS, an anonymous donor through UNC’s Carolina Center for Public Service and the Student Philanthropy Project has offered to provide $1,250 for the Parks and Recreation Department’s Therapeutic Recreation program;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts a grant in the amount of $1,250 from UNC’s Carolina Center for Public Service for camps to serve youth with disabilities in Chapel Hill and Orange County.

BE IT FURTHER RESOLVED that the Council expresses its gratitude to the anonymous donor, UNC’s Carolina Center for Public Service, and the Student Philanthropy Project for their efforts to fund camps to serve youth with disabilities.

This the 12^th day of September, 2005.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2005” (05-09-12/O-6)

This the 12^th day of September, 2005.

A RESOLUTION APPROVING A PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) MANAGEMENT OPERATIONS CERTIFICATION (2005-09-12/R-12)

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 2005;

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

This the 12^th day of September, 2005.

AN ORDINANCE TO ESTABLISH A CAPITAL FUND PROGRAM (CFP) PROJECT ORDINANCE (2005-09-12/O-7)

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

SECTION I

The project authorized is the Capital Fund Project as approved by the Council on April 11, 2005. Funds are as contained in an Amendment to the Consolidated Annual Contributions Contract between the Town and the U. S. Department of Housing and Urban Development (HUD) dated

August 18, 2005.

SECTION II

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

SECTION III

The following revenue is available to complete the project:

Capital Fund Program $601,728

SECTION IV

The amounts appropriated for the project are as follows:

Administration $ 60,000

Site Improvements $123,516

Dwelling Structures $320,212

Dwelling Equipment $ 24,000

Debt Service Payments/TOC $ 74,000

Total $601,728

SECTION V

The Finance Director of the Town of Chapel Hill is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the Annual Contributions Contract and federal regulations.

SECTION VI

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

SECTION VII

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

This the 12^th day of September, 2005.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO INITIATE THE STEPS FOR THE PARTIAL CLOSING OF THE ROSEMARY STREET PUBLIC RIGHT OF WAY TO ACCOMMODATE NEW DEVELOPMENT ON THE SITE OF THE WALLACE PARKING DECK (20O5-09-12/R-13)

WHEREAS, the Town is negotiating with Ram Development Company for the development of new residential and commercial facilities on the site of the Wallace Parking Deck; and

WHEREAS, plans under consideration tentatively would need some portion of the right of way of East Rosemary Street;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to initiate the steps required by State law in order to permit the Council to consider, as part of any new development approved for this site, the closing of up to seven feet of the width of Rosemary Street, on its south side, from the corner of Henderson Street to the western end of the Town-owned property.

This the 12^th day of September, 2005.