ATTACHMENT 2
SUMMARY MINUTES OF A PUBLIC FORUM AND HEARING
OF THE CHAPEL HILL TOWN COUNCIL
WEDNESDAY, MARCH 24, 2004 AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Interim Finance Director Kay Johnson, Assistant to the Mayor Emily Dickens, Housing Director Tina Vaughn, Principal Community Development Planner Loryn Barnes, Senior Long Range Planning Coordinator Chris Berndt, Engineering Director George Small, Stormwater Engineer Fred Royal, and Town Clerk Joyce Smith.
Item 1 - Legislative and Policy Issues:
a. Public Forum and Discussion of Legislative Requests:
(1) A bill to authorize a local public campaign financing program.
(2) A bill to authorize the expenditure of open space bond funds outside of the
Town’s extra-territorial jurisdiction.
(3) A bill to authorize transfer of development rights into the Town’s urban area in
association with conservation easements purchased in rural areas of Orange County
(4) A bill to allow the Town to enact zoning regulations pertaining to the ratio of
bedrooms to bathrooms in residential development
(5) A bill to extend the time period, established by local act last year, that a special
use permit development can be delayed if the property has been identified as a potential school site
(6) Enhanced financial support for the provision of Town fire protection services on
the campus of the University of North Carolina at Chapel Hill
(7) Bills pertaining to local and regional transportation organizational and funding
issues.
(8) A bill to request that the North Carolina General Assembly Repeal the So-Called
“Defense of Marriage Act.”
(9) Funding Mechanism to Convert Overhead Power Distribution Lines to
Underground.
(10) A bill to expand the Homestead Exemption.
Town Attorney Ralph Karpinos explained that this process had begun earlier in the year with a public forum. At that forum, citizens and Council members had an opportunity to identify matters that might be possible legislative issues for the Council to consider this year, he said. Mr. Karpinos noted that the Council had also had a meeting with the local legislative delegation and had discussed some of these issues.
Mr. Karpinos explained that the list before the Council included issues that Council members and citizens had identified as matters for consideration by the Council. These are items for which the Town might request local legislation, or statewide legislation, in the upcoming session of the General Assembly, he said. Mr. Karpinos pointed out that there were limitations on the types of legislation that could be introduced in a short-session, and there is a process that must be followed when introducing legislation. He said that he would bring a report back to the Council. The Council would then have an opportunity to adopt an agenda and forward its request for local or statewide legislation to the local legislators, Mr. Karpinos said.
Mayor Foy read Legislative Requests1-10 aloud and invited public comment.
Chapel Hill resident Stephanie Kilpatrick expressed support for Request 8, commenting that non-discrimination is a value that transcends religious differences. All people want to be treated equally in spite of their differences, she said, adding that this cannot happen as long as there is discrimination against same-sex marriages. Ms. Kilpatrick noted that some people are opposed to racism or alcoholism. But we do not take away those people's right to get married, she pointed out. Ms. Kilpatrick stated that discrimination against same-sex couples should not be tolerated anywhere in America, especially not in Chapel Hill. One reason why she is proud to live in Chapel Hill is because it is a progressive Town, she said. Ms. Kilpatrick urged the Town Council to continue to set an example as a town that strives for social justice and equality.
Chapel Hill resident Anne Bleyman remarked that Request 8 concerned the Town's ability to recognize commitment and love. The current law diminishes everyone by making second class citizens out of some Town residents, she said. Ms. Bleyman pointed out that granting marriage rights to same-sex couples does not require a religious ceremony. Repealing the law would still leave people free to make their own judgements as to what makes a marriage under the tenants of their faith, she said. Ms. Bleyman said that this item had been brought forward properly and for the good of Chapel Hill and its citizens. Even though the law does not affect her personally, she said, she did not think it was not fair to deny same-sex couples the protection that all other Chapel Hill families enjoy. Ms. Bleyman asked Council members to request that the General Assembly repeal the "Defense of Marriage Act."
Richard Edens, a pastor at United Church of Chapel Hill, said that marriage provides shared values, a collective humility, and a common language. He asked to add his voice to those who were asking the Town Council to add recognition of marriage equality to the legislative agenda. Pastor Edens acknowledged that this was a personal issue of justice for members of his congregation who want to be recognized as a family. They can be recognized as an economic unit by going through a complicated set of codicils and contracts, he said, but that is less than the recognition of marriage.
Pastor Edens stated that one did not have to fully understand or agree with same-sex relationships to understand the value of family in establishing a stable and a desirable community. Every major religious denomination had been discussing sexuality for more than 20 years, he pointed out. Pastor Edens noted that individual Christian congregations--including the United Church of Christ, Episcopal, Methodist, Baptist, Disciple, Lutheran, and Presbyterian--had all participated in same-sex ceremonies. Some unions had been called marriages, he said, but until recently most have been called holy unions or holy covenants. So, said Pastor Edens, there are families who are recognized as families by their faith communities, their extended families, and their friendship networks--but not by the State.
"To what do the children of these unrecognized families belong," Pastor Edens asked? "Are they the product of an economic unit, or the children of a family?" He argued that all people should be allowed to share in the joy of marriage and be able to "identify, as a marriage, the relationship that is giving them life, creating companionship, nurturing children, up-building the larger community, and providing legal recognition that they are a family." Pastor Edens urged Council members to place marriage equality on their legislative agenda.
Esther Bridges told Council members that she had grown up believing that she would be married to a man when she became an adult. She believes that all people should be equal, she said, but she thinks that marriage is a sacred union between a man and a woman. Ms. Bridges stated that others have a right to choose a different kind of union. In fact, most of her friends in school were gay, she said, and she loved them dearly. But, Ms Bridges explained, she just did not believe that their union should be called the same thing as hers and her husband's is called. She proposed that perhaps another name should be given to same-sex unions.
With regard to Request 1, Chapel Hill resident Will Raymond asked that the Council also request the right to have an additional campaign finance report covering campaign contributions that come in during the last two weeks of October. During a recent, post-election reporting period, the great majority of one candidate's donations had came from out-of-town developers, he said. Mr. Raymond argued that the electorate would have been aware of that in the final weeks of this campaign if another reporting period had been wedged in. The public would have known that the candidate had received $3,000 from these contributors, for example, and that would have been raised as an issue, he said. Mr. Raymond asked Council members to consider asking legislators to add one additional reporting period for the next election.
Melissa Weiss explained that today was a special day for her because she had legally taken her partner's name. Legislative Request #8 was important to them, she said, explaining that they had been together for four years and had recently become married in Canada. Ms. Weiss told Council members that her partner, who works for the Chapel Hill-Carrboro Public School System, had recently filed to have her covered under State health insurance. The state had refused, she explained, despite a letter from the School System explaining Chapel Hill's non-discrimination policy. Ms. Weiss stressed that the "Defense of Marriage Act" in North Carolina has had a tremendous impact on same sex couples. She expressed her support for repealing it.
Raleigh resident Christy Johnston said that the "Defense of Marriage Act" reminded her of discrimination against interracial couples at the turn of the 20th century. Repealing that would create a haven for same-sex couples in Chapel Hill and be a beacon for others to move to Chapel Hill and support the economy and the Town Council, she said. Ms. Johnston asked Council members to have the courage to stand up and say that the Town stands behind same-sex couples and recognizes them. This change will occur eventually, she said, and she urged the Council to be like those who took a stand against injustice in the 20th century.
Nick Eberlein expressed support for Request #8, stating that homosexuality is as significant as the color of a persons eyes and hair. "That's about how much control people have over being who they are," he said. Mr. Eberlein noted that Chapel Hill had taken steps to recognize domestic partnerships and suggested that, at the very least, the Council adopt the bill that recognizes marriage certificates from other jurisdictions. He pointed out that the Women's Movement and the Civil Rights Movement had started from people in their communities coming together at churches and in neighborhoods. Mr. Eberlein stated that there was support in Town for the Council to sponsor a bill asking the State legislature to repeal the "Defense of Marriage Act."
Precious-Jewel Zabriskie, Co-director of the North Carolina Lambda Youth Network, asked the Council to strive to repeal the "Defense of Marriage Act." At-risk youth want to know that the can be married when they grow up and that it will be recognized in this community, she said. Ms. Zabriskie explained that "being told you're an abomination, or an outcast, does not help their self-esteem when they already are dealing with issues in their schools and with their parents who do not accept them." She proposed that it was wrong for anyone who is not in that position to discriminate against someone who is. Ms. Zabriskie noted that being a lesbian and being black already had put her at a disadvantage. She did to be told that she cannot adopt her partner's child or cannot adopt a child of her own, she said. Ms. Zabriskie stressed the importance of allowing gay and lesbian youth to grow up believing that they have a future and that they have the right to be married.
Mayor Foy thanked the speakers for their comments and explained that the Council would take those remarks into consideration. The Council would then forward their requests to the Legislature and hope that the Legislature will take the appropriate action, said Mayor Foy.
b. Council Committee on Lobbying Follow-up Report.
Council Member Greene explained that Mr. Karpinos would propose a draft lobbyist registration ordinance, which would apply to commercial entities but not state agencies. Then the Council Committee would confer with Mr. Karpinos and bring something forward to the full Council, she said. Council Member Green stated that there were legal issues involved with imposing a lobbyist registration ordinance on a state agency.
Council Member Greene read from a written statement in which she reviewed the history of lobbying ordinances from the mid-1800s to the present, citing several legal decisions throughout those years. [I ASSUME THERE IS A COPY OF THE FULL TEXT, BUT I DON'T HAVE ONE.] "The professional manufacturing of volunteer organizations" is now an $800-million industry, she said, adding that corporations have learned how effective it is to look like a grassroots movement, particularly on environmental issues. Council Member Greene remarked that Chapel Hill appears to be an easy mark for lobbyists. The Town would be well-served to be proactive on registration of paid lobbyists, she said. With regard to having the University register, Council Member Greene pointed out that the University of Wisconsin had done so voluntarily and that the SUNY system in New York has complied with a statewide registration requirement.
Mr. Karpinos explained that there were certain principles of law in North Carolina that indicate that the Town does not have the authority to enact a local ordinance that would require State agencies to register their lobbyists. He could find no authority in North Carolina that specifically mentions the ability to regulate lobbyists of State agencies, he said. However, he had found some law in both the Charter and the General Statutes that would support the Town enacting a local ordinance, he said. Mr. Karpinos explained that he and the Council Committee had reviewed a number of ordinances from around the county. In most cases, they had found exceptions for state agencies, he said. Mr. Karpinos pointed out that those from the SUNY system in New York were complying with a state statute, not a local ordinance.
Mr. Karpinos told Council members that he and the Committee had discussed the fact that the original petition contained two parts: the lobbyist portion, and the suggestion about ethical guidelines. The Council had discussed the latter on March 22, he said, noting that they had discussed posting their calendars online as well as the burden of doing so. Mr. Karpinos noted that Council Member Green had suggested enacting the lobbying ordinance and inviting the University to voluntarily comply. He said that another alternative might be to propose a lobbying ordinance for non-governmental officials and have the Council consider a set of guidelines that would have Council members report substantive conversations with University and other state officials. So, the Committee was considering a lobbying ordinance and a set of guidelines, he said, and probably would bring that back before the Council's summer break.
Mayor pro tem Wiggins asked if the ethical guidelines would address Council members conduct only as it relates to meetings or conversations with public officials. Or would it address other ethical aspects of the Council's behavior, she asked. Mr. Karpinos replied that he would start with the idea of documenting conversations. But he would take other issues into account if the Council wanted to include them in the guidelines, he said. Mayor pro tem Wiggins explained that the Committee had seen ethical guidelines from another municipality that she had particularly liked. The guidelines had covered many other aspects of Council behavior, she said, but she could not remember which Town it was from. Mr. Karpinos agreed to show what those possibilities would be in his report.
Mayor Foy stated that the plan was for Mr. Karpinos to bring back a proposed ordinance as well as some proposed guidelines. And Mr. Karpinos would confer with the Council Committee as necessary, said Mayor Foy.