MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL

OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA

MONDAY, DECEMBER 4, 1995, 7:00 PM

Mayor Broun called the final meeting of the 1993-95 Council and the organizational meeting of the 1995-97 Council to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller and Town Attorney Ralph Karpinos.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT THE MINUTES OF OCTOBER 9TH AND 23RD, AS REVISED REGARDING THE METES AND BOUNDS DESCRIPTIONS RELATED TO THE MEADOWMONT DEVELOPMENT PROPOSAL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Remarks by Departing 1993-95 Council Members

Mayor Broun called upon members of the 1993-95 Council for comments.

Council Member Protzman stated that he viewed the past two years of service on the Town Council as two of the most exciting years in his life. Council Member Protzman expressed his deep gratitude to his supporters for their support. Council Member Protzman also said that he apologized to anyone he had wronged, noting that it was not his intention to be hurtful. He also thanked all of his fellow Town Council members for their good work and help.

Noting that the majority of the Council were not employed other than as Council Members, Council Member Protzman asked the Council to strongly consider seating a person having a full-time job, possibly Richard Franck. Council Member Protzman urged the 1995-97 Council to set its sights very, very high, rather than to have a narrow view of "our little village". He also stated that the Council needed to take a strong leadership role in the management of solid waste by banning recyclables from the Orange Regional Landfill. Urging the Council to keep its options open, Council Member Protzman said that there was absolutely no reason for every county in the State to have its own landfill facility. He also suggested that the Town proceed with a gun sculpture monument in order to remind community residents that the Town stood for something more than basketball. Council Member Protzman said he had thoroughly enjoyed serving the community and offered his blessings to everyone.

Noting that he had given symbolic keys to the Town to each Council Member, Mayor Broun thanked the Council for its close working relationship and its friendly disagreements. Mayor Broun also expressed thanks to Town Manager Cal Horton and all of the Town staff for doing a fine job of providing services to the Town's residents. Mayor Broun also expressed thanks to Town Attorney Ralph Karpinos for his fine and competent service to the Council and the Town. He also thanked his Assistant, Lisa Price, for her loyal assistance. Mayor Broun said he was especially thankful to his wife Margie for her patience and guidance during his tenure as Mayor.

Mayor Broun said he was especially proud of the progress which the Town had made on transportation issues during his tenure. He urged the Council to continue working with the North Carolina Department of Transportation and other local governments to improve transit-related matters. Mayor Broun said the Town was also enjoying better working relationships with the University and the business community. He expressed special thanks to Chancellors Paul Hardin and Michael Hooker and local business persons Joel Harper, Stick Williams, Robert Humphreys and Karen Raleigh in fostering these good working relationships. Mayor Broun expressed special thanks to Council Member Protzman for his role as a clearly directed member of the Council. Mayor Broun said it was important for the Council to continue in a part-time capacity, providing maximum opportunity for involvement by all citizens. He thanked the Town's citizens for having had the opportunity to serve as Mayor for four years of his life. Mayor Broun said he had learned a lot from the people of the Town. He expressed confidence that Mayor-Elect Rosemary Waldorf would deal with all community concerns and problems in an intelligent manner.

Administration of Oaths of Office

District Court Judge Joe Buckner thanked Mayor Broun and all of the Town Council for their tireless service to the community. He also said that although the role of Council Member could sometimes appear to be a thankless one, it was nonetheless a very important role.

District Court Judge Joe Buckner administered the oaths of office to Council Member Joe Capowski and Council Member-Elect Julie Andresen. Outgoing Mayor Ken Broun administered the oaths of office to Council Members Mark Chilton, Pat Evans and Mayor-Elect Rosemary Waldorf. Original, signed and subscribed oaths of office are on file in the Town Clerk's Office.

Election of Mayor Pro Tempore

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ELECT COUNCIL MEMBER BROWN AS MAYOR PRO TEM BY ACCLAMATION. THE MOTION WAS UNANIMOUSLY AGREED TO (9-0).

Council Member Capowski read the following resolution, honoring the community service of Council Member Protzman:

A RESOLUTION HONORING THE SERVICE

OF COUNCIL MEMBER JAMES A. PROTZMAN

TO THE CHAPEL HILL COMMUNITY

WHEREAS, James A. Protzman served on the Town Council of Chapel Hill from December, 1993 to December, 1995; and

WHEREAS, Council Member Protzman served on the Landfill Owners' Group and the Landfill Reorganization Work Group as they developed recommendations for the future of recycling, reuse, waste reduction and solid waste-related resource management in Chapel Hill and Orange County; and

WHEREAS, Council Member Protzman served as the Council's liaison to the Human Services Advisory Board and the Greenways Commission and as an alternate delegate to the Triangle J Council of Governments; and

WHEREAS, Jim Protzman was a leader in the first Buy Back the Hill program sponsored by volunteer citizens to receive and dispose of firearms to reduce the number of weapons in Chapel Hill; and

WHEREAS, Jim Protzman served as a representative of the Council on the Task Force regarding Water and Sewer Service Area Boundaries in Orange County; and

WHEREAS, Jim Protzman has persuasively advocated for understanding the needs and value of the business community and of economic development in Chapel Hill, and he provided a special perspective as a downtown business person; and

WHEREAS, Council Member Protzman has brought a strong, experienced business approach to the Council's deliberations regarding services, operations, the Town's budget and other matters; and

WHEREAS, Jim Protzman combines his business judgment with sensitivity to the service needs of citizens, and especially of families, as well as to the need for fairness to Town employees;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of Chapel Hill that the Council hereby honors and praises the service of

Council Member James A. Protzman

to the citizens of Chapel Hill and of Orange County.

This the 4th day of December, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT THE RESOLUTION HONORING THE SERVICE OF COUNCIL MEMBER PROTZMAN. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Waldorf noted that Council Member Protzman had missed no Council meetings during his two years on the Council.

Mayor Waldorf also expressed appreciation to Mayor Broun for his patience, friendliness and considered good judgement.

Mayor Waldorf read the following resolution, honoring the community service of Mayor Kenneth S. Broun:

A RESOLUTION HONORING THE SERVICE

OF MAYOR KENNETH S. BROUN

TO THE CHAPEL HILL COMMUNITY

WHEREAS, Kenneth S. Broun served as Mayor of the Town of Chapel Hill from December, 1991 to December, 1995; and

WHEREAS, Mayor Broun served as a member of the Library Board of Trustees from 1984 to 1988 and Chair of the Library Bond Task Force; and

WHEREAS, Mayor Broun served as a member of and as chair of the Transportation Advisory Committee for the Durham-Chapel Hill-Carrboro urban area, and in these capacities he negotiated effectively with the State government for fair consideration of local and regional priorities and balanced transportation systems; and

WHEREAS, Mayor Broun was, is and will continue to be a strong and powerful advocate for the just treatment of all citizens including people whose access to political structures and decision-making has been limited by income, race or historical traditions; and

WHEREAS, Mayor Broun's acumen and intellect and strong sense of fairness have contributed to careful deliberation by the Council regarding countless issues; and

WHEREAS, Mayor Broun presided over the Council's meetings with great skill in keeping discussions and comments both focussed on issues before the Council and imbued with civility even as controversial topics were on the agenda; and

WHEREAS, Mayor Broun's wit, warmth and good cheer will be missed;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of Chapel Hill that the Council hereby honors and praises the thoughtful and compassionate service and leadership of

Mayor Kenneth S. Broun

to the citizens of Chapel Hill, of Orange County, the Triangle region and our State.

This the 4th day of December, 1995.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE RESOLUTION HONORING THE SERVICE OF MAYOR KENNETH S. BROUN. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Process for Filling Council Vacancy

Mayor Waldorf noted that with the seating of the 1995-97 Council, there was a vacancy on the Town Council. She presented a brief overview of the process for filling the vacancy, noting that notices concerning the vacancy would appear in a number of local newspapers on Sunday, December 10th and Sunday, December 17th.

Mayor Waldorf also stated that a file of applications received for the vacancy would be available for public inspection in the Town Clerk's Office. She noted that the deadline for submitting applications would be 5:00 p.m. on Monday, December 18th and the Council would hold a special meeting on Tuesday, January 2nd, 1996 concerning the vacancy. She also noted that the Council could possibly make an appointment to fill the vacancy at its January 8th meeting. Mayor Waldorf stated that members of the public were invited to give comments to the Council about the process itself or specific applicants for the vacancy. Noting that the Council realized the importance of the matter, Mayor Waldorf stated that the Council would carry out its responsibility in a thoughtful manner.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 3.

Council Member Andresen said that the proposed process was a good one which the Council should proceed with.

RESOLUTION 3 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A PROCESS AND TIMETABLE FOR CONSIDERING APPOINTMENT OF A COUNCIL MEMBER TO THE VACANCY CREATED ON DECEMBER 4, 1995 (95-12-4/R-3)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council adopts the following process for filling the vacancy created on December 4, 1995:

Step	Date
Publication of notices of vacancy, invitations to apply and schedule for consideration by the Council.	December 10 and 17, 1995
Applications distributed to Mayor and Council and to news media; file kept in Town Hall for public inspection.	As received
Deadline for applications for the vacant seat	December 18, 1995 (5 p.m.)
Statements by applicants, questions by the Mayor and Council	January 2, 1996 (7 p.m.) Special Meeting
Nominations	January 2, 1996 following applicant statements
Consideration of making appointment to the vacant seat	January 8, 1996 Regularly scheduled Council Meeting
Administration of oath of office	January 8, 1996 (If appointment occurs on that date)

This the 4th day of December, 1995.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT A MOTION CONCERNING THE DESIGNATION OF COUNCIL MEMBERS AS REPRESENTATIVES TO VARIOUS COMMITTEES, TASK FORCES AND AGENCIES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COMMITTEES AND ORGANIZATIONS

Committees, Task Forces and Agencies

Committees, Task Forces and Agencies	1995 Council Liaison	Suggested 1996-97 Liaison
Advisory Committee for Cane Creek watershed study	Rosemary Waldorf	Julie Andresen
Cable Television Advisory Committee	Joe Capowski	Joe Capowski
CCC	Mayor Broun Joyce Brown	Mayor Waldorf Joe Capowski
Chapel Hill-Carrboro Annexation Boundary Committee	Joe Capowski Barbara Booth-Powell Pat Evans	Joe Capowski Pat Evans Barbara Booth-Powell
Chapel Hill Museum, Inc.	Lee Pavão	Lee Pavão
Citizens' Energy Task Force	Joyce Brown	Joyce Brown
Council's Naming Committee (2 members)	Barbara Booth-Powell Rosemary Waldorf	Barbara Booth-Powell Mayor Waldorf
County-wide recreation planning	Lee Pavão Rosemary Waldorf	Lee Pavão Mayor Waldorf
Downtown Plan Committee	Mayor Broun	Pat Evans
Durham-Chapel Hill Work Group (2 members)	Joe Capowski Joyce Brown	Joe Capowski Joyce Brown
Firefighters' Relief Fund (2 members)	Joe Capowski Mark Chilton	Joe Capowski Mark Chilton
Joint Orange-Chatham Community Action, Inc.	Mark Chilton	Mark Chilton
Landfill Owners' Group/ Landfill Reorganization Work Group (3 members)	Joyce Brown Mark Chilton Jim Protzman	Joyce Brown Mark Chilton
N.C. Transportation Coalition	Joyce Brown	Joyce Brown
Orange County Economic Development Commission Strategic Planning Committee	Pat Evans	Pat Evans
Orange County Visitors' Bureau	Lee Pavão	Lee Pavão
Orange County Human Services Coordinating Council	Mark Chilton
Policy Oversight Committee for US 15-501 Major Investment Study	Mayor Broun	Mayor Waldorf
Public Arts Commission		Julie Andresen
Public Housing Special Needs Committee	Barbara Booth-Powell Rosemary Waldorf	Mayor Waldorf Barbara Booth-Powell
Shaping Orange County's Future Steering Committee	Joyce Brown Mayor Broun	Mayor Waldorf Joyce Brown
Southern Village School/Park discussions	Rosemary Waldorf Lee Pavão	Mayor Waldorf Lee Pavão
Sustainability Committee	Joyce Brown Lee Pavão Jim Protzman	Joyce Brown Lee Pavão
Task Force on water and sewer service area boundaries in Orange County (two)	Joe Capowski Jim Protzman	Joe Capowski Julie Andresen
Transportation Advisory Committee for the Durham-Chapel Hill-Carrboro Urban Area (1 member and 1 alternate)	Mayor Broun Mark Chilton, Alternate	Mayor Waldorf Joe Capowski, Alternate
Triangle J Council of Governments' Board of Delegates (1 delegate, 2 alternates; Mayor appoints)	Pat Evans Lee Pavão, Alternate Jim Protzman, Alternate	Pat Evans Lee Pavão, Alternate Julie Andresen, Alternate
Triangle Transit Authority	Mayor Broun	Mayor Broun's term on the TTA Board does not expire until 11-30-97 and he wishes to continue serving. Rachel Willis has volunteered to attend TTA Board Meetings and report to the Council while Mayor Broun is out of the country (January - May, 1996)
UNC-Chapel Hill Planning Panel	Rosemary Waldorf Joe Capowski Lee Pavão	Mayor Waldorf Joe Capowski Lee Pavão

Notes:

(1) The above list does not include the Committee on regulations for Home Occupations, for which the Council has planned to make appointments in January including a Council Member to serve as chair.

(2) Council Member Capowski will be bringing us a proposal to form a Citizens Technology Committee.

(3) Council Member Andresen is formulating some suggestions for school-town planning coordination, which may result in formation of a committee or work group. She also wishes to serve on the Shaping Orange County Working Committee when that group is appointed.

Comments by 1995-1997 Town Council

Council Member Andresen stated that all of the recently elected Council Members and the Mayor had experienced a long and arduous election campaign. Council Member Andresen said it was an honor to represent the Town's residents. Council Member Andresen also said she looked forward to working with Mayor Waldorf and the other Council Members. She said it was very important for the Council to uphold high standards of public accountability and to engage in vigorous debates to reach resolutions of matters of community concern.

Council Member Capowski said he wished to respectfully disagree with District Court Judge Joe Buckner's earlier remark that serving on the Council was a thankless job. Council Member Capowski thanked those citizens who had called with words of praise and appreciation for service to the community as a Council Member. He also thanked the local media for providing citizens with good service in covering the activities of the Town's government. Council Member Capowski expressed special appreciation to Ms. Flicka Bateman for her assistance with his reelection campaign to the Council and to Council Member Protzman for his service to the Town's citizens. Council Member Capowski said he would miss outgoing Mayor Ken Broun and his ability to respect people when he disagreed with the opinion of others. Council Member Capowski said he looked forward to continuing his work with the Town Council and Town staff. Council Member Capowski said he believed that the Town had a very fine Town Manager and a very good and capable staff. He also pledged to continue his service to the Town and its residents.

Council Member Chilton expressed special thanks to the inspiration of two public officials, Council Member Joyce Brown and former Mayor Jonathan Howes. He also expressed thanks to his campaign manager, Joan Pettit, for running a fantastic campaign.

Council Member Chilton also expressed thanks to his dear friend, Estelle Mabry. Council Member Chilton said although serving as an elected official could sometimes appear to be thankless, appreciation from citizens appeared to come at the right time.

He also expressed thanks to Council Member Protzman for two years of thoughtful and stimulating debate. Council Member Chilton thanked Mayor Broun for his service to the Council and to the community.

Council Member Evans thanked the community for providing her with the opportunity to serve for four more years on the Council. She also thanked her husband, Jack Evans, for his patience and Mayor Ken Broun for his guidance and mentoring. Council Member Evans also thanked Council Member Protzman for his patience, trust and comradery. She also expressed thanks and appreciation to Ted and Weezie Oldenburg for their assistance with her reelection campaign. Council Member Evans said she looked forward to serving on the Council for another four years.

Council Member Brown expressed special appreciation and thanks to Council Member Protzman and Mayor Broun for their service to the Council and the community. Council Member Brown also thanked the new Council for their willingness to serve in a spirit of goodwill.

Council Member Powell thanked Council Member Protzman for his service to the community. She expressed hope that she would see Council Member Protzman at a dedication ceremony for a skateboarding park sometime in the future. Council Member Powell said that Council Member Protzman was a great, humane and caring person. Council Member Powell also stated that she would very much miss the compassionate leadership of outgoing Mayor Ken Broun.

Council Member Pavão said that although he and Council Member Protzman did not agree on some matters, they always were able to work well together. Council Member Pavão stated that Council Member Protzman had sometimes instigated refreshing discussions about community matters. Council Member Pavão noted that when he was contemplating running for the Town Council, he had called upon Mayor Broun, who had advised him to "be yourself". Council Member Pavão said he was looking forward to working with the new Mayor and Council Members during the next two years.

Saying that she would always be Council Member Protzman's and Mayor Broun's friend, Mayor Waldorf said she hoped that Council Member Protzman and Mayor Broun would always be her friend as well. Mayor Waldorf said she felt especially privileged to have the opportunity to work with the Town Council, Town staff and citizens. Mayor Waldorf said she hoped to foster a climate which would emphasize civility, forthrightness and optimism. Noting that the shaping of good public policy involved the need for differences of opinion, Mayor Waldorf said she hoped that the Council could focus on what the Town and Council stood for. She thanked all persons in attendance this evening and expressed hope that there would be a good base for the community to build upon.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting concluded at 7:56 p.m.