jan 2 2 · r.d. smith bi ii thorne edward vickery also present were town manager e. shioman and...

JAN 2 2

MINIITES OF A HEGIJLAR MEETING OF THE MAYOr~ ANO 80ARO OF AU)[~~MCN TOWN OF CHAPEL HILL, M11NICIPAL f31JILOING, MONDAY,

JANUA~Y 22, 1979 7:30 P.M.

Mayor Wallace cillled the meetinf1 to order. Present were:

Mar i I y n 9ou I ton Gerald Cohen Robert Eotinq Jon a than Howes 8everly Kawalec R.D. Smith Bi II Thorne Edward Vickery

Also present were Town Manager E. Shioman and Town Attorney E. Denny.

Mayor Wallace introduced and read the following resolution of aopreciation to Ms. Peg Parker for serving as Chairman of the Planning Board.

MEMORANDUM

WHEREAS, Peg Parker has given her devoted service to Chapel Hi II while serving as Chairperson of the Chaoel Hill Planning Board; and

WHEREAS, Ms. Parker's tenure as Chairman of the Planning Board was completed on October 17, 1978; and

WHEREAS, it is difficult to imagine the Comprehensive Plan, particularly in the area of land use, being as far advanced as it is without Ms. Parker's dedicated leadership;

NOW THEREFORE, BE IT RESOLVED that the Mayor and Board of Aldermen of the Town of Chapel Hill, on behalf of all citizens, gratefully acknowlege her outstanding performance and express deep appreciation.

This the 22 day of January, 1979.

ON MOTION MADE AND SECONDED THE RESOLUTION WAS ADOPTED BY UNANIMOUS VOTE.

Minutes .. · ... •, . .

ALDERMAN EPTING MOVED, SECONDED BY ALDERMAN BOULTON, THAT THE MINUTES OF JANUARY 8, 1979, BE APPROVED AS CORRECTED. THE MOTIDN WAS CARR I ED UNANIMOUSLY. ALDERMAN SMITH MOVED, SECONDED BY ALDERMAN EPTING APPROVAL OF THE MINUTES OF JANUARY 15, 1979. THE MOTION WAS CARRIED UNANIMOUSLY.

Petitions

Alderman Smith requested the manager set a date and p! ace for citizens to meet him in his new capacity. The Board agreed with this request.

Alderman Smith had received a letter from residents living near the pol ice hut who were disturbed by the proximity of the firing range. He asked the manager to investigate the feasibility of putting the firing range in the new building.

Mr. Shipman requested the Board to hold an executive session at the end of the meetin<:1 to discuss litigation and oroperty acquisition. ALDERMAN EPTING MOVED, SECONDED BY ALDERMAN SMITH, THAT THE BOARD GRANT THIS HE QUEST. THE MOT I ON WAS CARH I ED UNANIMOUSLY.

Alderman Cohen said he thought the Historic District Commission Chairman wan ted to speak when the Board considered item 6. The Board agreed to hear the chairman.

Resolution J\nnrovinfl <l l~evi~:.ion to the PrPiimin:1ry Sketch for Hw 0:~ Mitn 5 Suhdivic.ion Lnc;tl•'d on Clel.tnd Dr·ive

ALDERMAN COHEN MOVF::D, SECONDED BY ALDERMAN EPTING, ADOPT I ON OF THE FOLLOWING RESOL'.IT I ON.

A RESOLtJTJON APPROVING A REVISION TO THE PRELIMINARY SKETCH FOR THE OAKS, MAP 5 SUBDIVISION LOCATED AT CLELAND DRIVE

BE IT RESOLVED bv the Board of Aldermen of thf' Town of Chane! Hill that the Board hereby anoroves the revision of the preliminary sketch dated July 11, 1977 for the Oaks Subdivision, Mao 5 located <'it Cleland Drive, consistin9 of the connect ion of Cleland Drive and Cleland Road.

This the 22nd day of January, 1979.

Mr. Jennings explained that the connection of Cleland Drive to Cleland Road had been oroposed as oart of the Oaks, Maos Subdivision in 1978. At that time no action had been taken because of the question of the cross connector. The traffic study preoared as part of the request indica ted there wou I d be no significant increase in traffic on Rogerson or Oakwood. The main increase would be on Cleland which is designed as CJ. collector and has no residents on it in Glen Lennox and very few residents in the Oaks. The town staff was in favor of the connection to provide dual access and it would eliminate the long cul-de-sac. One resident had attended the Planning Board meeting on the connection. He indicated he had been the original resident to petition that the connection not be made, but had now changed his mind. The resident also indicated that opposition to the connection had died in the neighborhood. The residents in the Oaks had requested a 25 moh soeed limit on Cleland. Mr. Jenning suggested the best forum for renaming the street wou I d be in the overall renaming of streets in the Town. A resident on Rogerson Drive had requested a 3-way stoo at Rogerson and Berkeley; however, the Town has a pol icy against 3-way stops except in very rare situations. The Streets and Pub I ic Safety Committee recommended against the 3-way stop. THE MOT I ON WAS CARRIED UNANIMOUSLY. Alderman Cohen asked that the renaming not be postponed, that it be out on the oublic hearing date for March. He wanted the street renamed before it was opened.

Resolution Suooorting a Request from the Dispute Settlement Center

ALDERMAN SMITH MOVED, SECONDED BY ALDERMAN KAWALEC, ADOPTION OF THE FOLLOWING RESOLUTION.

A RESOLUTION ENDORSING THE CHAPEL HILL DISPUTE SETTLEMENT CENTER

BE IT RESOLVED that the Board of Aldermen hereby re-endorses the program of the Chapel Hill Dispute Settlement Center as explained to the Board at its meeting of January 8, 1979, and

BE IT FURTHER resolved that the Board hereby authorizes the Chapel Hill Dispute Settlement Center to use its name as endorser of said program, and to list the name of the Town on Center stationery as an endorser thereof.


THE MOTION WAS CARRIED UNANIMOUSLY.

Resolutinn Regarding the Proposed UNC Press Building

Mr. Herzenberg, Chairman of t:1e Historic District Commission, requested that consideration of this item be defer~red. At a meeting, that mor·ninq, of the University reoresentatives and town reoresentativesj the University indicated it would resubmit an application for a certificate of aporopriateness for the press building. An informal ooll of the Commission members had therefore resulted in a request to defer action. Mr. Hcrzcnber'q pointed out th<'tt therP. was a orinciole at stake which involvPd the intcqrity of the Comrni!;sion, and he hoped the Boord of Aldermen would continue to ~;uoport the Commission. ALDERMAN EPTING MOVED, SECONDED 8Y ALDERMAN SMITH, THAT THE ITEM BE DEFERF~ED I NSOf7.AR AS THE I lN t \Jf-:1{~;! TY v\'/\S COMf:>L Y I NG WITH THE PROCEDUI~ES SET OlJT !1Y THE Of1D IN \nCE, \I d(·rrp:'\n l\r~;; l ton :1dd~~d th3 t ~;h(' honed the Hi!;toric [)j~;tr!ct Cnmrni~<;ic·n W''~.1!o' ,· .. r·:·:-.. ,. ;;i ti•r' :;i';lv(·;~sl''' ;·;nd <H~vi:-:e them

while mndifif•d nl<nF; were h<·inq nrpn;tred. Aldf'l'lll<tn K;1W<llcc Wit"· concTrn•·<l that there were no procedur<'~· for ftJtun~ df~terrnin.·ttion of wlwtfwr ~.t.ttP. oroQerty w<1S suhj<'ct to the c,.1mc rcqul<~tions .t~. olh(~r pron<·r·Ly. 1\ld<·r·rn.lfl Entin~ S;'lid he did not question the Villidity of the town ordin.·mce; his mot ion FlSsumccJ thn t the ord i n:1ncc ann I icd to sta tc nroperty. He nrr:sumed from the IJnivcrsity's action to com0ly with the nroccdures of the l~i~.toric District ()rdin.!nce that for the nrescnt the IJniversity .1qreed thFlt thPy were subject to the ordinonce. THE MOTION WAS CARRIED UNANIMOUSLY.

Resolution Gr<1ntinq Special Pi'!rkinq Permits (NON-Rencw<'!ble

ALDERMAN EPTING MOVED, SECONDED BY ALDERMAN SMITH, ADOPTION OF THE FOLLOWING RESOLIJT I ON.

DJ~ I'l' !H~;)OL\n;n by the Board of .i\l(lcr.r·~r; of the 'I'oHn of Clv•nr_•_l l 1i }.1 thut the Doard hcrc:hy finds r.c:ganHng the bclmJ-listf~cl appJ .iccmts for special parl:ing pc:rni ts as folloHs:

1.

2.

the c:mnlicants arc domiciled on street;, on hoth sides of 1·7l,ich in fr~~t of applicants' domiciles parking is prohibitc~ at sore ticic; and ·

the applicants have vehiclr~s '1.-.Thich they have no practic11l 1.'':1y of: parl:ing off the public rir::rht-of-'1.-.rCl.y; or there is no przv~i-ic.Jl l'lClY in \.rhich b;o guest. V(~hiclc~s in a.ddition to etl)r>licr1~~::.~;' CY:'n

vehicles (if any) r.:ay be parJ~r>d off tlw public rig!lt-of-·'.Tc'Y 1 ar~c1

in the opinion of the •.rmm r.nqin0~r, it uoulc1 be possE:>J.c: to COnstruct CuCll p:1.rJ:ing space for applicantS 1 VChic;LP-S fr:.)~ ;;;J()Q or lessi and

TIIEREFORS, the~ Doarc1 herchy grants the follmdng special I'J~~r-]:inc; perrdts for the period ~cbruary 1, 1979 through February l, J.Ci?n; hm·7CVC'r, such nerni ts shall not be rone\·'Ccl \·,ri thout shoHir;o t:1.--: t. nlJ. the circur::stnncr;s contc:~platcd in Section 21-27.2 (c), Coc-:e cf Ordinances, Tmm of Chapel IIill obtain:

.7\ddress

508~ North Street

~.P))licant

Marsha Rominger and Lauren Goulston

This the.22nd day of January, 1979.


Resolution Granting Soecial Parking Permits (Renewable)

i~ AffixC'cl

2_

ALDERMAN SMITH MOVED, SECONDED BY ALDERMAN EPTING, ADOPTION OF THE FOLLOWING RESOLUTION.

. . A nJ~f.>0LUTI0:1 GR1\.?1T'IIJG SI'ECI7\L Pl\IU~H!G PE~HI'l'S

2

rm IT ru:~;oLVI:n by the nour<1 of 1\.lc1eJ~n<:>n of the 'i'o,,m of Ch<n)c•l Hill th<.:.t tlw !~o<ll~(~ hereby finds rc~;un1inq the bclo\v-] istc<l o::>pJ ic.:tnts for spcciul JXlrl~.ing pcrr."\i ts os follous:

1. the npplic;Jnts are dor:1ici:N1 on streets on hoth sines of \·1hic~1 in front of appJ.icc:1nts' clo;:iciJcs paJ~J·.in~; i~> pJ~ohild.tc)d at soli1c time; and

2. the uf)!)licvnt~ hc:1vc~ vehicles 1Jhich they hnvc no practic<tl •r.-.y of parJ:j.n9 off the !'ubl:i.c r·iq1lt.--of··,·:ny; or thero i:. no pr.1ctic<1l t..·my in ,_,hic~l t\·70 ~1UC'st. vchic1 c'> j ~l <1(1cii t:i on to tlnpl ic<1nt:~' o~m VO~liclc,r; ( j f <Wy) T'l.:::>y h<' p<l rJ:r'< l o[ f the public r:i.9l1 t-o[' --\l:!y; <mel

3. in the: opinion of the 'J.'o\711 F11<d nr>c'r, .i.t '''ould co:.t norc~ t11c1n ~r30r1 to crm~;truct c•rtch p:lrl:i.r;~r ~.;p:we fc't" C1ppJic<tnts' vehicle:~; ('2f i:'1c puh.lic r:i_c;''t.-of-,._,,,y; nr in t:1r O)J.i.n.i.on of the J1onnl !~llc11 cnnstrncU.on ~.'0\lld l:C·(~IliJ:r.' l !J<' ()c:~.~tnJct:i.on of .:<n ill'C<l. en: o~,-ir'C:,: Of hot;; t01'.'i.C<tl nr: ))!ti.U.CtiJ n.:i <.1lLl.l.:i_r:;IIIC1~ t() t:1c '.\'0'.1;1 t\:, <I ;.,~~- >l ('; c.'l1'i

;;1.1 'rlJ1:l:i·:J·'Or:i:, tll:· P<1nnl )Jrtr· 1)y c_:r.~r~~y; t1J [( 'JJc- .. 'jJJrl ;,nr·CL!1 l'<!~·)·inr; pr:i~J .. it.;; fc:.;· t-)H·: pc·J~ic.•l 1·1'·JlJ~;j_ 1, :J ~)·;~; t-_1~rr W! 11 ,·ru1y l, .lfl'/'l ;:nr! rc·n(•\·:;:J,J (' trw:~r·,-!rl:•;l· ftq· furthc:,· c;J,r··-yr·<ll_. ~>:_::c.i.od~_; u).H)Jl .:t ~;l,c· .. 'i1;'J of. no clv,nr_;(: j n ci1~Cil! ·;L:crcc~;:

7\(1C1J·n~::, J'.nn) :i c.-lJ-,t . --·----------~----·--·---------""-- --------·------

317 \7. Univ(:r~;i ty Dr. 12 CoL); ''':c·rril.CC~ 20?. }_;.J-:o~;c·r·;;-,_ry :·;t.·-}\nt. -1 202 E.Ho:.;cn:u~y St.-7\pt..3 3 0 ~?2 \! • U rd. v, r s i t y Dr •

.. 3 0 :.; 1·~ il . t; n i v e r :> i t: y n r • 305~ W. UnivorRity nr. 305\; U. Un.i..vr:~rsity Dr. 2 Col >b Tcrr.J.cc 307 ni.lnSCII•1 St.-)\nt. J. 307 Remson f;t.-7\:)t. 2 307 nriarbri~gc ~alley 723 Gir;1g!wul Ro.:tL"!

Cathc·r:inr:! '1r:1~non 1 Gr.cs1ory I'<'l'J.),-m-Gir;c"icl!s 1 '1ic1cp ':?iJ~~CJ11 1 G:1i J ni:'''- <mi: 1 ,1 ?n'c s 1! <u:·t~ i ~~on 1 ,Jonathan ro] ley 1 Di1Vicl ·-~'O\n:~:;cnc1 1 L. B. r~.at:ta:L 1 .:Tal!1CS Jor.o::-; 1 •rir-:othy \·:ill.:i.i1r:1:> 1 Leo ~~illizms & Charles Hardy 2 .:'\lice J!c)oJ c 0 Hrs. HO<jC).'!> C. Hilde 0


Alderman Boulton asked why the Herman-Giddens had been refused a permit last year but had been granted one this year. Mr. Shioman did not remember the situation last year, but oointed out that each site was visited and in the opinion of the staff there was no room to park the cars. Alderman Kawalec suggested it was because of an addition to the Herman-Giddens home which would leave less room on the lot for parking. THE MOTION WAS CARRIED UNANIMOUSLY.

Resolution Denying Soecial Parking Permits


2 ~ 2 2 2 2 ()

0 0 2 2 2 2

BE I'l' RP.SOV/ITJ that the Boarc1 nppJ.ic<uYts for vehicles ':.r!-lich ri<jht-of-vJay:

by the Bo<lrr1 of Jl..lc1(~rrt~n of the To,_-m of r.hopcl llill lv:;rQby f<1ils to find rcc;2rcling the hclmr-listC'r\ r:::pc:cial pi1rJ:inq pcrnits tJwt: th~ applicants have they h01.vc~ no practical ~,,Cl.Y of parJ:in9. off the pu),J.ic

l\pplicl1nt.

704-7\ GinghouJ. noad Hichard Lmlo 1

615 E. Rosru~ary St. Harold Steven rarlo':l 1

This the 22nd dil.y of Jtlnu&ry, 1979.

THE MOTION WAS CARRIED BY A VOTE OF SEVEN TO ONE WITH ALDERMEN COHEN, EPTING, HOWES, I<AWALEC, SMITH, THORPE AND VICKERY SUPPORTING AND ALDERMAN BOULTON OPPOSING.

Resolution Oirectinq Preoaration of a Preliminary Assessment Roll for the Wesley Drive Sewer Project ;:wd ~hase Avenue Pavinq Proj~

ALDERMAN HOWES MOVED, SECONDED BY ALDERMAN KAWALEC, ADOPTION OF THE FOLLOWING RESOLUTION.

JAN 2 2 .)','2 g f\ I~C;OiiJ"!If):liJ!I':CilllC 1'!:11'/\1~/\IHlll (JI A l'I:ILliiii!/Y'r' fl'/)l:;:;f11llr IW!.L 111:' ·1111 !·!I:,IIY DIU VI ~,J \Ill( l'IW,JLCT AfliJ CIIA~;[ AVUIUL I'AV IfH; I'I:U,JI Cl, /\liD S[-1 TIIHA I'UI:LJ C IIIJ\IU II(;~; Till: I~Lill 'Ull

BE IT Jn:,OL'J[I) by tire Board of Aldf'rtnr~n of the Tmm of ChtlfH!l lli"ll th;Jt tire! l~o;,nl hereby dirccV; UH: ·lovm Clc~d: to f>rC'jlttl'e prel i11rirr<~ry asse:..r;r11r:nt roiL on tlrr~ \·lt·':lcy Drive S<:\·/L'r project, laterals sc:rvinq prope1·tir'r, iJI>utting sa·id stn:ct, anJ on tile Chase /\vcmw s trcet pt.~v·i ng project; t.~ncl

BE IT rurnlll:l~ I~[SOLV[D that CC!pics nf Silid pn:lillliii:Jry assessrllent roll~; !Jc b:pt open for in:~IJc:ct·ion in the ofTicc of tl11~-lovm Clerk; and

(3[ IT ru::THLR I~E.C;OLVHJ thJt tlJr: CoiJnJ rwr·r:hy CcillS puL,lic hc:i)r·inr]S for con:;·it!r:rvtion of said v::,sr;'-;smr:nt rons on i•:ilrc.ll 19, 197SJ, 0.t /:3U p.m. in the l·L·ct·iw; r..ooill or the Chapel llil"l l·':urri::-iiJi..\1 8uilcJ-inf), and cJirccL'J tf1'-' Tovm Clc.~rk tu ptd;J·i::ll t.fl;c: resolut-ion nncl to ni:Ji1 notice as required by C.S. -ICOf'.-227 to prcljJ(;tty (A!Ii(:r·J c:tt least 10 ci~ys before said h~aring.

This the 22nd day of January, 19/9.


Ordinance Amending the Position Classification and Pay Plan

Alderman Cohen asked that the pub I ic safety officer position be considered separately from other positions. Alderman Thoroe objected to the Manager's putting the items together and asked in that in future they be seoarated on the agenda because the public safety issue was controversial. Alderman Smith pointed out that the Board had mandated that the town would go to a Pub I ic Safety system and the manager was following this instruction. ALDERMAN COHEN MOVED, SECONDED BY ALDERMAN EPTING, ADOPTION OF THE FOLLOWING ORDINANCE.

AN. ORDINA!~CE /\!·lENDING TJIE POSITION CLASSIFICATION AND PAY PLAN, ETC., JULY 1, 1978-JUNE 30, 1979

BE IT ORDAI!lED by the noard of Aldermen of the Town of Chapel Hill that the J\oard hereby ~me-nds the Position Classification Clnd Pay Plan for Employees of the Town of Chapel llill, etc., July 1, 1978-June 30, 1979l as follows:

SECTION I

ln Section III, Classifications Grouped by Salary Grade, ADD:

6

13

16

In Section TV. D. ,

Position ---Planning Aide

Part-time nne!

No.

1

SECTION

Contract

Hrs.

37~

11

Title

Parking Control Assistant

Planning Aide

Personnel Analyst

Classifications, ADD:

Snl<'rv -~

8l4.lr3/monlh

ln

SECT 1 0~~ 111

ln SPc~ i(Jll JV.C., Trnn~;porlilt ion, DELETE:

Po;, it. i <•n

F.qujpr.wnt l·lcchanic II

and ADD:

Equipment ·~lC'chanic Supervisor

Equi pmcnt Hcchnni c II

No.

2

1

1

!Irs.

40

40

40


..

Gradf' No.

15

17

15

Alderman Howes asked why there was a difference between the hours worked by the planning aide and those worked by the mechanic suoervisor. Ms. Peddicord exolained that administrative oositions located in the Municipal Buildi:'"lg worked a 7! hour day, positions located in the transoortation garage were on an 8 hour day and the oub I ic safety posit ions were on a slightly higher work day. Alderman Thorpe objected to reclassifying oositions in the middle of the fiscal year. He thought these should be changed at budget time. Mr. Shioman explained that during the year resoonsibilities in posit ions changed. It was his ool icy. to bring to the Board requests for reclassifications twice a year, during January and the regular budget process. These wou I d be based on job changes. He thought it unfair to the employee to continue the old classification for the whole year when the

responsibilities had changed. Alderman Eoting indicated he would vote for the Planning Aide only because the funds would be coming from a North Carolina ride-sharing grant. If the grant ran out, he would want to reconsider his vote to continue the position. Mr. Shipman stated this was a contract position. The intern position which had been filled by the employee filling the planning aide position would now be vacant. Ms. Peddicord explained that the contract with the employee contained a clause which stated that the position was only for as long as the grant funds lasted. Alderman Smith asked if the bus fare boxes would be emptied daily with the new position. Ms. Peddicord stated this would probably be feasible but she was not yet sure of the exact scheduie of the employee. TH:=. MOTION WAS CARRIED BY A VOTE OF SEVEN TO ONE WITH ALDERMEN BOULTON, COHEN, EPTING, HOWES, KAWA~EC, SMITH AND VICKERY SUPPORTING AND ALDERMAN THORPE OPPOSING.

ALDERMAN EPTING MOVED, SECONDED BY ALDERMAN HOWES, ADOPTION OF THE FOLLOWING ORDINANCE.

AN ORDINANCE AMENDING THE POSITION CLASIF!CATION AND PAY PLAN, ETC., JULY 1, 1978-JUNE 30, 1979

BE IT ORDAINED by the Board of A I dermen of the Town of Chapel Hi II that the Board hereby amends the Position Classification and Pay Plan for Employees of the Town of Chapel Hill, etc., July 1, 1978- June 30, 1979, as follows:

SECT ION I

Section IV. C. , Pub 1 ic S3fcty, DELETE:

Position No. Hrs. Gr:~dp No. -----rolice Officer 1 18 42 12

Public s~rcty Officer 27 1~2 .12

nnd ADD:

Police Officer I

l'uhlic Saf<'ty Officer

17

2R

1'}d r. the 22nu d;1y of J;mu:Hy, 1979,

42

42

12

12

THE MOT I ON WAS CARR I ED BY A VOTE OF FIVE TO FOUR WITH ALDERMEN BOULTON, EPTING, HOWES, KAWALEC AND MAYOR WALLACE SUPPOI~T I NG AND ALDERMEN COHEN, SMITH, THORPE AND VICKERY OPPOSING. However the Ordinance was not adooted because of lack of 2/3 vote on the first reading. Alderman Smith said he was concerned at the large number of ool ice leaving that deoartment and would like some explanation as to why they were leaving.

Ordinance to Amend the Charter. of the Town of Chapel Hi II oursuant to the Provisions of G.S. Section 160A-101 (3)

ALDERMAN KAWALEC MOVED, SECONDED BY ALDERMAN BOULTON, ADOPT I ON OF THE FOLLOWING ORDINANCE.

AN ORDD1AHCE TO A1·1END TIIE CJU\RTER OF THE TO\,lN OF CHAPEL HILL PURSUAUT TO THE PROVISIOi1S OF G. S. §160/1.-101(3) and.

G. ·s. §160A-102

BE IT ORDAINED BY THE BOARD. OF ALDE1U1EN OF THE TOHN OF CHAJ?EL HILL,

·that the Charter of the Tovm of Chapel Hill be,. and the same is hereby

amended as follows:

~ECTION r

That the phrase "Board of A1dc.rmen" is deleted, and there is inserte'

in lieu thereof the phrase "Council" as follmvs: .. '.

1.4(b); 2.!~; 3.1; 3.2; 3.3(a).; 3.3(b); 3.3(c); 3.4(a); 3.5(a); 3.5(b); 3.6(a); 3.6(b) (2 times); 3.7; 3.10(a); 3.ll(a:); 4.l(b); L1 .• 2 (2 ti1JiC[:);· 4.3(5); L~.7; LJ-.8; 4.9; 4.13(a); 4.13(b); 4.14; 4,15;. 4.16 (2 times; .'>.2;

.5.3(a); 5.3(b); 5.4; 5.8 (2 times'); 5.9 (2 -timss); 5.10; 5.11 (3 times);. 5.12 (2 times); 5.13; 5.14; 5.16; 5.21; 5.22(1); 5.2Z(a); 6.10; 6.11 (5 times); 6.16; 6.17(a); 6.17(b); 6.18; 6.21; and 6.26. ·

SECTION II

That. the term "Board" appe~ring in the foll01\'i~1g sections and sub~·

sections is deleted, and the wo'rd "Council'' is inserted in lieu t1lC?l~eo£

as follm.;rs:

3 .. 3(a) (3 times); 3.2(b) (3 time·s·; 3.10(a} (2 timesi 3,ll(o.); 4.l(_b) (2 times); lj .. 3(3); 4.3(4); 5.3(b) (2 times}; 6,11; and 6.18~

131 SECTIC'Ji1 III

That the term "Aldermen" appc::1ring in the folloHing tJcction~~ and· !":u1,

sections is deleted cn1cl the phr3se "Hcmbcrs of the Council" inserted in

lieu thereof as follows:

2.l(a); 2.l(b); 2.3(a); and 3.7 (2 times).

SECTION IV

This ordinance shall become effective July 1, 1979.


Alderman Eoting stated that after talking with citizens about this issue, he had decided to vote for the ordinance. Alderman Howes asked how the changes could be made in the charter without the expenditure of funds. Mr. Denny responded that the charter would have to be changed and reprinted for the legislative amendments from last year. These changes would not mean any extra cost. THE MOTION WAS CARRIED BY A VOTE OF FIVE TO THREE WITH ALDERMAN BOULTON, COHEN, EPTING, HOWES AND KAWALEC SUPPORTING AND ALDERMEN SMITH, THORPE AND VICKERY OPPOSING. The ordinance was not adopted on the first reading. ALDERMAN COHEN MOVED, SECONDED BY ALDERMAN KAWALEC, THAT THE MATTER BE PLACED ON THE NEXT AGENDA. THE MOTION WAS CARRIED.

Resolution Urging Action Regarding Credit 'Jnion Membership


A RESOLUTION UJ{GlNG ACTIO:~ REGARDING CnEDJT UNIOl~ ME!·1BEJ~SIIIP

HIJEf{EAS on September 15, 1977, the_State Employees Credit Ui1ion changed its hybws to open membcrdlip to bona fide local r,ovcrnment employees who were rnc:mbcn; oi a retirement system set up and overseen by the State of North Carolina; and

WIIEHEAS since that time many local government employees st<lte-wide 11avc joined the Credit Union, includinr; 280 of the approximately 375 full'- and part-time Town of Chapel Hill employees; and

WJlE](EAS a large number of these lou1l employees have arranged. for loans or savir:~.;~; by payroll deduction, including 174 To\,'n of Chapel Hill employees, \·Jhich loan:; and savings programs would be seriously disrupted by their sudden cxplusion from .the Credit Union; and

WllEREAS the North Carolina Bankers Association and the North Carolina Savings and I.oan League li<We combined to attack :in court the practice of allowing all gcwe'·n·ncntal employees to join the same credit union; and

WHEREAS in a Jnnuory, 1979, opinion (stayed pending appeal), Judge BraS\.Je]] demined that as <1 matter of l;·,w under the curn;nt stntutory provi:.:ions stale and local governmental employees do not have a sufficient "common bond" to be pcnnittccl to join the r.nme credit union; and

WHEREAS the Bankers Associ at ion and S<nli ngs <Jnd "Loi1n Lt>nt:uc are bel icvcd to be pH•paring .lPgislation ,,,hich ,,•otlld clearly debar lc•c<ll go\'(~rnmcnt ::1 !'l!Iployce<> fro111 being members of the State E111ploye<·s Credit thdon, what('\'l!l" court!> might ultilll<ilcly decide about the ex)sting statute; nnd

WHEREAS this clebn1·ment \·Wuld work;; hard:.JJip on all prest'llt. and future• employee·~, uf the Town of Chnpt·l llill, forbiddil!P, tLcm t.o L1kc <Hlv;mtar,e o_f the economic~; of :~cale offcrcJ by t.hc ];Jl·g,:r Ol"f,Olni:,:ation; nnd

JAN 22

WIJEJ~EA~; the effl'cl on thC' ]7/4 employ('('~. alrc·;,dy involvr·d in payn,J 1 dr·duct ion~; to the Crc:clit U11 ion could be vc·ry !;cverc~, 'involvillg.r<'financiJrt~ ]cJ.·rlJ~; and withch;r\.J

ing long-term ~.;1vings;

NO\.J, TIIEJ~EFOJ:E, BE IT JU:~;OLVEIJ by tire Board of ,\lckrnH'n of the Town nf Ch:qwl llill that th<: Board hereby urge·!; the North Carolina Ll·w•uc of }lunicip;ditit•!; lC' acid to its )cgislat.ive pacl<il!',l' <1 bill changirq_~ the Jan~~u;rf•,c• of NC GS)t,_rn\ in such il

manner as to cl.Jrify the cor:unon bond bct.viC('n st.lle and local govcrmnc·ntal employees so that state and local governmental ernployc·e~; may join the same crcdi_t union;

and

BE IT FURTHER RESOLVED th.1t the Town Clerk send copies of this re!";o}ution to the state .senators and rcprcr.entativcs from this district.



Resolution Authorizing Grant of Right-of-Way to Duke Power Comoany

ALDERMAN BOULTON MOVED, SECONDED BY ALDERMAN SMITH, ADOPTION OF THE FOLLOWING RESOLUTION.

A RESOLUTIO!l /\UTIIOfUZING GR/,\flT OF RIGHT -OF-~1/\Y TO DUIT POt-!ER C011P/\NY (Jones Park)

BE IT RESOLVED by the Board of Aldermen of the Town o~hapel Hill that the Board hereby authorizes exccut ion of a right-of -vwy agreement Hi th Duke PO\·rer Company to cover lines serving Jones Park off Purefoy Road.·

This the 22nd day of January, 1979. ,


Resolution - Refunds

ALDERMAN SMITH MOVED, SECONDED BY ALDERMAN KAWALEC, ADOPTION OF THE FOLLOWING RESOLUTION.

RESOLUTION - REFUNDS

WHEREAS taxes I isted below nrc erroncou~:;ly levied and collected through clerical error on properties belongin·g to the following:

Nome Rec. If

Edwurd Thomas Rice 77-62q6

Zoom Zoom Inc. 76--07!~6

Amount

$6.72

$1,869.00

Reason

1~72 Opel valued at $~,225 should hnve been $1 , 625 ( in forrnntion received fr·om Oran~~e County)

Oru n ~e County C:ornrn i ~-sioners ~:wnntcd Ll refund for 19'/G t<:lx due to A~,ent tr<msposed figures in li!;tin~ inventory nnd equipment.

WHERF.AS, the above listed persons hLlve made applicution for refund of snid taxes.

NO\V, THE~EFORE, 8E IT RESOLVED by the Do<:H~d of Aldcr·men of the Town of Chapel Hill th;:Jt it fincis th.:lt lo>"·~; on the <II"J<.lVC listed per-~·.uns W('rP lc:vit•d <lnd collcctf'cf throu0h clc•ric<11 error·, <:1ncl in tl-w cii~;cr<.'tion of the [3our·d ~~hould be refunded to the~ I<JXP<1Y<'r. IT E[ltJG rurnllf7 1{ f\[~,OL\1[1) that the Tnx Collector b <:tuthorizcd ;md C'mpo\vPrcd tn rnnkc such refund.

This the ?.2nd cby of Jruw;:ry, 1(l7(},

;~.3

THE MOTION WAS CArmi[D UNANIMOIJSLY.

Resolution Armrovin<J Anrwintm~nt of An Actinq Town M;1naqer

ALDERMAN COHEN MOVED, SECONDED BY ALDEr~MAN HOWES, ADOPT ION OF THE

FOLLOWING RESOUJT I ON.

A RESOLUTIOn f1PPROVHIG Til[ f.PPOINTllctlT OF AN /\Cl IliG T0\11~ 1-i!\rU·.GER

OE IT RESOLVED by the Gourd of /\ldrrm~n of the Tov!ll o Tvhi1pcl Hill that thr. Board lwrch appl~oves the tlppoi ntn.cnt of r,nthony I. Hoopr-:t, /\ss ·i stant Tm·m t•1C1ncH]cr, as act i ncj To1·m

· ~1anager dul'ing. the temporary CJbscncc or disabi1 Hy of the Town l'lanagc-T.

This the 2?.nd day of January, 1979.

THE MOTION WAS CAK~IED UNANIMOUSLY.

Resolution Acceoting Bids and Awarding of Contract for Sewer Line Construc

tion

ALDERMAN BOULTON MOVED, SECONDED BY ALDERMAN KAWALEC, ADOPT I ON OF THE FOLLOWING RESOLUTION.

A RESOLUTI0:-1 ACCEPTING BIDS AND AHARDTNG OF CONTRACT FOR SEHER LlNE CONSTRUCTION

WIIEJmAS the Town of Chapel Hill has solicited formal bids on Sewer Line Construction and the follov1ing bids have been received:

Bi ddc· r Bid

Billings & Garrett, Inc. $347,248.10 Ra 1 e i ph , !L C •

Condor Mechanical Contractors, Inc. $489', 911 .00 Burlington, N.C.

Lambeth Construction Co. $536,726.00 Greensboro, N.C.

R.G.K. Inc. $495,211.00 _ Burlington, N.C.

Wrcnn-Wilson Construction Co. $341,459.50 Durham, ~.c.

NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the Town of Chapel llill that the To~n accepts the bid of Wrcnn-Wilson Construction Co. in the amount of $341,459.50.


THE MOT I ON WAS CARR I ED BY A VOTE OF SEVEN TO ONE WITH ALDERMEN BOULTON, COHEN, EPTING, HOWES, KAWALEC, THORPE AND VICKERY SUPPORTING AND ALDERMAN SMITH OPPOSING.

Resolution Acceotinq Bids and Awar~ing of C:ontract for One Sound System


JAN 2 2 /J'j/

1\ HESOL\JliOiJ M.CII'liiJ(, I!ID~ /\!JI> MIAI<UI!JC 01 UJilliU .. CI I·Of< O!JE ~OlJIJ!J :.Y:)fl f/1

WIIFRF/,~; lhP Tum1 of Cll•~rwr llill h;,~ ~oficilcd for111<ll bicb for On(~ !:,ound System <mel llw following bicJ l~<l~ I>L'('Il rvcciv<:<J:

l3 i drior

N a 1" i on<: I ~' c h o o I an d I n cJ w~ t r i u I Corp., F:<' I e i gh, !'!or I h C<.Jro I i no

Bid

Alternate I Alternate II

$5,~.11/.?./)

$4 I (J(JG • /7

NO'!/, THCf{LFO~H~, ElF IT I<E:>OLVI_D by the Bonrd of Aldermen of !he Town of Chapel Hill thclt 1hr: Tm'ill occ-r;p1:; the bid by !·Jutional School und lncJw.;trii)l Corp. for /\I ternale II in tile amount of $4,00G.27.

This the 2?nd day of Jununry, 1979.

The Board asked that the system be installed as quickly as possible. THE MOTION WAS CARRIED UNANIMOUSLY.

Recreation Commission - Notification

The Board was notified of a vacancy on the Recreation Commission created by the technical resignation of Moyer Smith, whose term will exoire 12/31/79. Alderman Cohen pointed out that the Board on January 30, would consider changing procedures by which Commission members were aopointed. HE MOVED, SECONDED BY ALDERMAN BOULTON, THAT THE NOTIFICATION BE DEFERRED UNTIL A DECISION WAS MADE ON THE PROCESS TO FOLLOW. Alderman Epting had talked with Mr. Smith who wanted to continue serving on the Commission. Many of his absences were due to professional conflicts. He asked what constituted an excused absence and a non-excused absence. Ms. White explained that Mr~ Smith had missed 5 of 12 regularly scheduled meetings and other special meetings. She had discussed his absences with him. Although he did contribute to the meetings when present, the by-laws of the Commission provided that any member with four unexcused absences be replaced. Alderman Howes asked if Ms. White had warned Mr. Smith he had several absences and if the Commission had decided to excercise the enforcement of the ru I es. Ms. White had discussed the number of absences with Mr. Smith and with other members. Alderman Cohen wanted to wait and discuss the matter in the worksession on the aPpointment orocess. Mr. Denny explained that the provision applied to many of the town boards and commissions. The three consecutive meetings were to insure continuity in particioation. The four unexcused absences were because this was about 1/4 of the yearly

meetings. The vague definition of excused and unexcused was intentional. Alderman Epting asked if Mr. Smith would continue to serve if the Board failed to declare the vacancy. Mr. Denny answered that Mr. Smith had lost his stature as a member by his absences according to the ordinance. The Commission had notified the Board of the vacancy, but it could be overruled by amendment of the ordinance or by reapoointing the member. THE MOTION WAS CARR I ED BY UNAt--ll MOUS VOTE. ALDERMAN EPTING MOVED, SECONDED BY ALDERMAN HOWES, THAT MR. SMITH SERVE ON THE RECREATION COMM I 55 I ON UNTIL REPLACED BY THE BOARD OF ALDERMEN. THE MOTION WAS CARRIED BY UNANIMOUS VOTE.

Litigation

Mr. Shipman suggested the Board hold a worksession to discuss matters to be presented to the 1979 Session of the General Assembly. Alderman Howes thought this could be done at the worksession on January 30, when the Board would also discuss appointment procedures.

Mr. Denny did not think it necessary to go into executive session to discuss the matters concerning litigation. He was going to give a report on the Lake Forest Association case and the property tax matter. The Board decided to hear this report in ooen session.

The orooerty tax commission had rendered a decision in the case involving taxation of University orooerty. All questions of valuation for purposes of the hearing had been resolved by stiQulation. The hearing was held on those st ipu Ia t ions, documen tarv ev i dencc and brief ora I testimony. The me~jor areas of concern to the town at thnt time were the commercial properties downtown, the various residents throughout the town rented commerciallv to persons connected with the university, the C.ir.>lin3 Inn, the proPerties acquired by the St?.te fr0m Blue Cro~.s-[31uc ShiC'Irl, and thC' utility ClUe~~tion. The Commission made n number of fir.dinq:; of fnct, some of which Mr·. Ocnny

dis<tqrc·r~d with, 11.~. <t rpc;ult nf thr· findinq·. nf f<lct, ··lnd its leCJ·II conrltJc,innc,, the Comrnic.:c,ion dl'cided th<1t thr~ C·tr·nlin<l Inn was tdx<thle for 19711, th:tt the first floor nccu'1icd hy the ciothin'l c.hor>~-.. 1nd the CdfP on Franklin Strf'r'! w<lS tnxable for 1971~; but no other ~Jronc>rty owned by the University w.-,<> t:Ix.ible by the town. Mr. Denny discussed the rea'.ons out forward by the Cormnission for its decis.ion. He r!skcd for direction from the E3o<Ird on whether to ar>r>cal the decision or whether to work with the County <1nd Cnrrboro in filin'l an nnoeal if they did. After discussion on the case, Mayor Wallace sWjCJCSted Mr. Denny discuss it with the other attorneys involved <1nd m<Ike a recommend,, t ion to the Roi1rd. ALDEr'{ MAN SMITH MOVED, SECONDED RY ALOEr~MAN HOWES, THAT THE ATTOf~NEY CONFE~ WITH THE ATTORNEYS FOf~ CM~i{I30RO AND THE COUNTY AND REPORT BACK TO THE E30<\~D AT ITS EARL I EST POSS I GL E TIME, AND THAT IF NECESSARY A SPECIAL MEETING BE CALLED TO GIVE THE ATTORNEY AIJTHORIZATION TO FILE AN APPEAL. THE MOTION WAS CARRIED UNANIMOUSLY.

Mr. Denny reoorted that the town had not been served in the case involving the Lake Forest Association. The ori gina I com pi a in t had been fi I ed against a number of prooerty owners and develooers in the Chaoel Hi II area. They now wished to involve the town in its caoacity as a develooer, in its caoacity as a supervisor of road construction, and its capacity as overseer for subdivision regulations. After brief discussion, ALDERMAN SMITH MOVED, SECONDED BY ALDERMAN EPTING, THAT THE BOARD ADJOURN TO E:XECUT I VE SESSION TO DISCUSS PROPERTY ACQUISITION. THE MOTION WAS CARRI!::D. After

the executive session, the meeting was adjourned.

c,.. w.a. •• ' ::3 Ma James C. Walla~ce ~

~d) ~"···d Town Clerk David B. Roberts

jan 2 2 · r.d. smith bi ii thorne edward vickery also present were town manager e. shioman and...

Documents