HomeMy WebLinkAboutMinutes - 19720629MINIITES OF TAE ORANGE COIINTX _
BOARD OF COMMZSSIONF.Ei3 ~ 7 : ~~~ 455
June 29, 1972
The Board of Commissioners oP Orange County met in special session in the
District Cols troom of the Courthouse in Hillsborough, North Carolina on June
29, 1972, at 8 P,M.
Members Present: Chairman Harvey D. Bennett, and Commissioners William C.
Ray, Henry S. Walker, Ira A. Ward and C. Norman Walker.
Members Absent: None
This meeting was scheduled Por the purpose oP continuing discussion of the
proposed 1972-1973 county budget.
Chairman Bennett recognized C. D. Knight, Sheriff of the County. The
main Feature of the Sheriff~a budget request were the creation of a new
investigator position with the salary level being five percent (5~) higher
than the salary Por deputise, the addition of one car to the patrol Force and
a general salary increase of ten percent (1(i~) Por all employees. Discussion
ensued as to said budget and Sheriff Knight was advised that hie request woil].d
be given serious consideration.
Chairman Bennett stated that he would entertain discussion relative to
Orange County~s joining the proposed TRIANGLE J COIINCIL OF GOVERNMENTS.
IIpon motion of Commissioner William C. Ray, aeaonded by Commissioner
C. Norman Walker, the Following resolution was unanimously adopted:
"WHEREAS, Orange County, together with the other county and municipal
governmental units adopting oonaurrent Reaolutioas identical hereto,
recognizes that there is a need for such governmental un3.ta to consult
among themaelvea and to act in concert with reference to regional
matters affecting health, safety, welfare, education, recreation,
economic conditions, regional planning or regional development; now,
therefore, be it
RESOLVED, that pursuant to the General Statutes of North Carolina,
Chapter 160A, Article 20, Part 2, the Following Resolution is adopted for
the establishment of a regional council of governments:
ARTICLE I
Short Title - Bindi EFFeat. This Resolution is the "Charter"
of th s eg one ouncxl; and acid Charter, together with all amendments
thereto, is binding upon and shall enure to the benefit of all governmental
units adopting it.
ARTICLE II
Name. The name of the regional council oP governments hereby
estabi~sYied is the Triangle J Council of Governments.
Fi~RTICLE zII
Purvosea. The purposes of the Council are:
1. To serve as a Forum for discussion of governmental problems
of mutual interest and aonaern;
2. To develop and formalize policy reao~eadations concerning
specific matters having an areawide significance which may include but
are not limited to the Pollvrring:
(1) human reaouroe,development and human relations.
(2) housing, public and private.
(3) health care and hospital aerviaea.
(1}) recreation.
(5) sanitation and refuse disposal.
(6) communiaationa.
( ) transportation.
($) water, sanitary sewer, electric power and other utility services.
(9) air, water and other environmental pollution.
(10) commercial and industrial development.
(11) law enforcement.
(12) welfare.
(13) Fire protection and prevention.
(ll{.) regional land use planning.
(ls) manpower development and training.
(16) conservation and development of natural resources.
3. To promote inter-governmental cooperation;
4. To provide organizational msahinerp to insure effective comm-
uniaatian sad coordination among the participating governmental unite and
other governmental unite;
5. To serve sa a vehicle for the collection and distribution oP
information oonaerning matters of areawride interest; and
6. To review upon request of any governmental unit within State
Region "J" appliaatioas of that unit for any grant in aid, federal, state,
or private.
The Counoil shall strive to promote harmony and cooperation among its
members. It shall seek to deal with regional problems in a manner which is
mutually satisfactory, and shall respect the autonomy of all local govern»
meats within the State Region "J".
ARTICLE IV
Memberahis
1. The initial membership of this Council oP Governments shall consist
oP the general purpose local governmental units oP and in the counties of
Chatham, Dwrham, Johnston, Lee, Orange, and Wake, known ae state region "J"
which adopt s resolution identiosl hereto on or before June 3D, 1972.
2. Any municipality or county fn region "d" which is not an initial
member of the Council may join this Counoil by ratifying or adopting this
Charter and upon the unanimous vote of approval of the existing members.
Notice of such application Pox admission shall be given each member by the
Council at least ten (10) days prior to the date of the meeting at which
the vote is to be taken. The note shall be deemed to be unanimous unless
one or more votes against the admission of said governmental unit are cast.
3. All rights and privileges oP membership in the Council shall be
exercised on behalf of the member governments by their delegates to the
Council.
1~. Any special purpose governmental agency in state region "J"
involved in matters affecting the health, safety, natural resources, welfare
or education of the citizens oP North Carolina, such as school boards,
sanitary districts, and aeil and water conservation districts, is eligible
to apply for an affiliate membership in the Council. Tha application may
be approved and an affiliate membership granted to such special purpose
governmental unit upon the affirmative vote of a majority of the membership
attending any meeting at which a quorum is present. An affiliate member
shall pay no aeaeaament, but the Council may charge esoh affiliate member a
reeaonable sum to Dover its proportionate share of the direct poets of
providing serviaea to the affiliate members, provided such payments are
authorized by law. The affiliate member shall have no vote in the Council,
but its designated representative may serve an any technical or advisory
committee and may otherwise partioipate is the deliberations of the Council.
ARTICLE V
Withdrawal. Any member may withdraw from the Council_at the end of any
fisosl year, provided written notice of intent to withdraw is given to each
of the other members at least ,sixty days prior to the end of the fiscal year.
ARTZCL~ vx
Representation
1. Each member governmental unit shall be represented in the Council
by ens delegate who shall be an cleated member of the governing body oP the
member governmental unit he represents. Esoh delegate shall be selected by
the governing body of the member unit in: any manner aonaiatent with law and
the regulations concerning the governing body, and his name shall be
certified to the Council by.the governing body.
2. The term of office of esoh elected delegate shall commence upon
the date of his appointment to the Council by the governing body oP the
member governmental unit he represents; and the term shall continue at
the pleasure of the governing board, unless the delegate shall sooner
resign or cease to be an elected member of said governing body, in which
ease his term shall aspire on the effective date of such event.
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3. a. In addition, there shall be ten appointed delegates or 30
percent of the total membership, whiohever is less, on the Council.
It is the intent of this'Charter that the appointed delegates insofar
sa possible shall be a reflection on the Council oP segments of the general
public not directly reflected by the elected delegates of the Council.
b. Appointed delegates shall have three-year overlapping
terms of office. No appointed delegate shall be reappointed until he
shall have remained ofP the Council for at least one term.
c. Each member county in caucus with_ita member municipalities
shall name an appointed delegate, noting in•the following order: Chatham,
Johnston, Lee, Durham, Orange, Wake, until the appropriate number of
appointed delegates Per the then forthcoming terms shall have been named,
exoept as provided following in section 3d for nine initial appointments.
d. Nine of the initial appointed delegates shall be the appointed
members of the Research Triangle Regional Planning Commission as of July
1, 1972. The terms of offioe of these delegates on the Council shall
terminate concurrently with the termination of their terms of offioe on
the Reaearoh Triangle Regiegal Planning Commission, three on June 30,
1973, and sic on dune 30, 1975.
e. The tenth and suaaeeding appointments shall be made by a
majority vote of a caucus aonaiating oP the Chairuisa of the Board of
County Commissioners and the Mayors oP all member municipalities of the
appropriate county as indioated below.
f. Mach caucus, when its turn for making an appointment first
occurs, shall appoint a female delegate. When its term for appointment
second occurs, it shall appoint s male delegate. Succeeding appointments
shall be made with similar alternation of aez.
g. The tenth initial appointed delegate shall be appointed by ~I
Chatham County and its member municipalities for a three-year farm, July
1, 1972 - June 30, 1975.
h. Succeeding terms of offioe shall be as follows; i .
i. Three 3-year terms Por the period July 1, 1973,
to June 30, 1976, with appointments by Johnston,
Lee, and Durham Counties and their respective
member municipalities.
ii. Four 2-year terms for the period July 1, 1975> to
June 30, 1977, with appointments by Orange, Wake,
Chatham, and Johnston Counties and their respective
member municipalities.
iii. Throe 3-year terms for the period July 1, 1975, ~
to June 30, 1978, with appointment by Lee, Durham, ~
and Orange Counties and their respective member
municipalities.
iv. Three 3-year terms for the period July 1, 1976, to
June 30, 1979, with appointments by Wake, Chatham, ~
and Jehnatoa.Countiea and their respective member
municipalities.
i. Succeeding appointments shall ba made is similar sequence ~
for three-year terms by the counties in cauous with the appropriate member
municipalities in the same order: Chatham, Johnston, Lee, Durham, Orange,
and Wade.
J. Should 30 percent of the total membership of the Council be
less than 10, the number of appointive terms shall be reduced accordingly.
In the event the number of initial appointive delegates should be lase than
9, the elected delegates shall determine by random chance selection whioh
appointive member ar members of the Research Triangle Regional Planning
Commission shall not become a member of the Council. In the event the
number of initial appointive delegates should be 9, then subsequent
appointments by county and municipal caucuses as hereinbefore prescribed
shall not be made until there is a vacancy or vacancies within the
required nimaber of appointive delegates.
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!}. Each member shall certify to the Council the names oP its delegates
prior to the Pirat Council meeting after June 30 of each year. Only an
individual who has been duly appointed sad certified to the Council as a
delegate may be permitted to note on any matter. The member local
governments shall oleo appoint and certify a successor to Pill any vacancy
created by the death, removal, resignation, or ineligibility oP a delegate.
5• It is the intent oP this abetter that all delegates to the
Council, both elected and appointed, shall have demonstrated an interest
in the sound development of Region J.
A~rxcz~ vaz
Meetinaa. Regular meetings of the Council shall be held quarterly to
receive reports Prom its standing aommittsea and to conduct necessary business.
Additional regular meetings may be held as considered appropriate by the
Council. Special meetings of the Covncil may be called by the Chairman, or
by any three members thereof. All meetings shall be open to the public.
At least two days written notioe shall ba given of any special
meeting oP the Council. Tt shah. state the time, pleas, and purpose of the
meeting, and may be sent by telegram. Any member may waive notioe as to
himself.
ARTICLE VIII
Quorum and Votiaa Requirements
1. One quarter (1/!}) of the delegates oP the Caunail shall aonatitute
a quorum at any regular or special meeting oP the Council. The affirmative
vote of two-thirds oP the delegates of the Council present shall be necessary
to sat favorably an any matter, except that an aPirmative vote oP a majority
oP all delegates shall be necessary Por the adoption oP the annual budget,
adoption oP the annual program.oP work, and resolutions related to Federal
applications by the Council itself.
2. At the request oP any delegate present, any question shall be
determined by weighted voting. Weighted voting shall mean that eaah
participating member local government shall have one vote far each 5,000
units of population, as determined by the most recent decennial census,
and for any remaining fraction oP 5,000, within the geographical boundaries -_
oP the participating government, except that any participating govarament
whose jvrisdiation has a population aP less than 5,000 shall have one vote.
Any weighted voting question shall be determined by a vote of two-thirds
(2/3) of the aggregate votes oP the members present and noting. In
weighted voting, the votes oP eaah member local government shall be cast by
the elected delegates.
3. Dn a vote Por whioh weighted voting as herein defined has not been
osllad, any delegate shall be entitled to one vote, and it shall be counted
to determine if the necessary number of votes has been attained on the
question before the Council. '
1E. Proxy noting is not allowed.
ARTICLE, LC
Officers
1. At the first regular meeting of the Council, and annually
thereafter, the Council aba.ll Bleat a chairman, a vice chairman, a secretary,
and a treasurer to nerve Por one year or until their suaaessors have been
duly elected. The Council may also elect such additional aPficera as the
Council Pinda to be necessary in the proper performance of its duties.
2. The chairman shall preside at all meetings oP the Council and shall
conduct said meetings in an orderly and impartial manner so as to permit a
free and Pull dissuasion by the membership oP such matters as may be brought
to the Council. The chairman shall have the same voting rights as other
members.
3. The chairman may appoint auah advisory comsnitteea ae he finds to _
be necessary or desirable,
4. The vice chairman shall perform all oP the duties oP the chairman
in the absence of the chairman, or in event oP the inability of the
chairman to sat, and shall perform such other duties as the Council may _..
delegate to him.
5• All other oPfisers elected by the Council shall perform euoh duties
sa may be prescribed by the Council.
ARTICLE X i ~ ~ ^= 46'eD
Finance Matters
1. On or bePora the 15th day oP April eeah year, the Council shall
prepare and submit to eeah partialpating governmental unite its proposed
general budget for the next Pisaal year aommenaing July 1.
2. The general budget shall set out the proportionate share of the
budget to be borne by each member governmental unit, with the per capita
(based on the latest deaennlsl census) share Por each member governmental
unit being the same.
3. A special budget providing for cooperative arraagemeata or
coordinated cation for two or more members may be adopted at the request of
members participating in special Punctioas. The share of the special budget
to be borne by each participating member shall be determined by the participat-
ing members.
~.. IIpon approval of 3ta share oP each budget by a member local
government, such member shall appropriate its share of the budgets and,
after adoption of its own budget, shall forward to the Counoil Treasurer
its share of the budgets.
5. All local appropriations to the Council shall be made in
aacordanee with the Municipal or County Fisasl Control Aat, as may be
appropriate.
6. The treasurer shall have authority to collect, deposit, and
dieburae Funds made available to the Council Prom any source whatsoever.
The treasurer of the Council shall, bePora entering upon his duties, post
a surety bond and nenditioned upon the faithful discharge of his tlutiea
in an amount and Porm :fixed by the Council. All monies received Por the
Council shall be deposited into a separate bank account, shall be ep~-~~~ked
Por the use of the Council, and shall be paid out on aheaka signed by the
accountant and aounteraigned by the treasurer or chairman of the Couacil.
The countersigning oPFicar shall countersign such aheaka only when they
are within the amount oP appropriations made according to the budget of
the Council.
7. The Council may designate a Council employee or with the agreement
of the governing body involved, designate one of the City or County
_ Aaaountants as the oPPiaisl Council Accountant to perform the f~nation oP
the City or County Accountant under the Municipal or County Fieoal Control
Act insofar ea peat-budget approval oP eapenditurea is aonaerned.
8. It shall be the duty oP the Covnail to require the books and
accounts oP the treasurer of the Council to be audited annually by a
certified publio accountant or by a public accountant registered under
Chapter 93 of the General 3tatutea. A copy oP the annual audit shall be
forwarded to eeah member county and muaiaipality.
ARTICLE XI
Committee Structure
1. The Council may establish an Ezeoutive Committee, other committees
of the Council itself, and technical and advisory committees.
2. ]~ecutive Committee. The executive committee, iP oreated by the
Council, shall aonaist of the Chairman oP the Council and two delegates
from each county. The chairman shall serve as a voting delegate and will
fill one of his aovaty~s allotted seats on the executive committee. All
delegates on the executive committee sxaept the Chairman shall be aelaated
by a aauous oP the Council delegates representing eeah governmental unit
within eeah county.
The executive committee shall be authorised to act for the Counoil on
all matters other than the adoption of the budget, the adoption of the
annual program of work, and the approval of resolutions relating to Federal
applications to be considered by the Council itsalP.
3. Technical and Advisor Committees. The Chairman may appoint
technical or a v sort' committees w~.th roadly representative membership
for any oP the planning studies and wvxk elements in the Program oP Work.
These Committees should work directly with the Council staff and its
aonaultaata and make periodic reports to the Counoil. In addition to
reviewing periodic progress reports, these advisory committees should
directly partioipate in the planning process.
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These committees may consist oP up to fifteen members and shall be
chaired by a member oP the Council. They should not be composed only of ~
executive directors and administrative persona oP agenaiea direotly
affected. i
The Council shall commission these committees with the responsibility ~
of advising on the individual studies and reporting to the Council on
their progress and final recommendations.
ARTICLE XTI '~
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Annual Re ort, The Council shall prepare and submit an annual written -~
report o to ae vitiea, including a Yinancial statement, to the
participating governmental units. i
ARTICLE XIIT
Powers Duties and Rea onsibilities of the Counoil. The Council, ~
within a to one a s an persvnne prow e y the participating
governmental unite and others, has the following power a, duties, and
responsibilities:
1. To study governmental problems common tv the governmental units
within Regfen J sa the Council deems appropr3.ate; including but not limited
to matters affecting health, safety, welfare, education, eaoaamio oouditions,
regional planning, and regional development; I
2. To promote cooperative arrangements and coordinated action among
the participating governmental units and othara;
3. To make recommendations for review and action to the partinipating
governmental unite and other public agenaiea c~hiah perform functions within ~,
Region J with respect to matters affecting the said region;
l}. To serve as an informational clearinghouse and, as a reviewing I'
agency, with respect to federal, state, and local services or resources
available to assist in the solution of problems;
5. To request and receive aontributiona of research assistance
from its own agenaiea, private research organizations, civic foundations,
institutions of higher leasing and other organizations; to receive and 'I
use or expend, in acoordance with the previsions of this charter, any aid
yr assistance, monetary or otherwise, which is contributed to the Council .. i
from any publio or private source, provided that such expenditures must be
in accordance with approved budgets; ~
6. To contrast with the State of North Carolina and the IIni.ted States ~i
oP Amerioe, or any agency thereof, Por services;
7. To employ personnel, purchase equipment, rent oPPiae space and
enter into contrasts to the extent that such activities are authorized by.
general or special budgets and are within the limits of funds appropriated i
for the Counail by the partinipating governmental. units and othara for such i
purposes; i
8. To perform and carry out such other powers, duties and responsibilities
as may be authorized by Chapter 160A, Article 20, Part 2 of the General
Statutes of North Carolina, except insofar as the same may conflict with the I
provisions of this Charter;
9. To adopt, amend or repeal by two-thirds vote auah rules, regulations, I
and bylaws relating to the procedures to be followed by the Council as the said ',
Counail shall find to be appropriate; and
10. To act as the official reviewing agency oP the participating
governmental units for all programs, federal, state or private, requiring
regional review.
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ARTICLE AIV ~
Amendments. Amendments to this Charter shall become ePfeative when
adopted by resolution oP two-thirds (2/3) of the participating governmental I
units in the Council oP Governments.
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aaTicLE xn ~:~ '7 -~°' 465
Dissolution. The Council may be dissolved at the end oP any
Pisan yet ez~ one (1) anon the adoption aP a dissolution resolution by the
governing bodies of all member governmental units, or (2) the withdrawal
Prom the Council oP all but one oP the member governmental units. IP
auah dissolution ia,effected by resolution oP all member governments,
such resolutions shall specify the method oP liquidating the Council's
assets and liabilities. 2P auah dissolution is occasioned by withdrawal
oP all but one member, the remaining governmental unit shall have the
power tq liquidate all assets and liabilities and it shall then distribute
the net proceeds, if any, to those members whq paid the latest annual
assessment and in the same proportion. Any deficit shall be the
responsibility oP those member governments who would have received the net
proceeds, and in the same proportions.
April 26,~19J'2
TRIANGLE J COUNCIL OF GOVERNMENTS
1972'73 Loeal A ro riations at $.14478 Per Ca its
approved at Apr •1. 97 ., meq! ng o Region mayors and wanly.board ehalrmen
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Localit
Orangg~e -C~ount
Carte
Chapel N111
Hillsborough-
Mebane
Durham Count.
Durham.
Wake County
Apex
Cary
Fuquay-Varina
Garner
Holly Springs
Knightdale
MorrisvPlle,
Raleigh .
Rolesville
Wake .Forest ,•
Wendell
Pebulon.
Chatham County
Goldston.
Pittsboro .
Siler City
' Lee Coun_t_y_
-"8 roadway
Sanford
Johnaton.Count .
Benson
C1ayLon
Four, Oaks.
Kenly
Pine ,Level
Princeton. --'-"-
Selma
Smithfield
70 Population
57.707
5,058 .
25.537
1,444
18fi (Orange.CounLy
portion)
132,681-
95.438
228,453
2,192
,7,434
3,57b
4,923
697•
815
192
121,577.
529
3,148
1,929
1,839
29,554
364
1,447
11„716
30,694
11,716
61,737
2,267
3,103.
1,057
1,370
983 ~`•\
1,044
` 4,356
6,677.
Amount.
$ 8,355
732
3,697•
209
27.
19,210
13.818:
33.076.
317
1,076
518
713
lol
118
28
17,602
77
456
279
266
4,279
53
209
1,696
4,411
100
1,696
8,938
328 .
449
153
198
• 142
151 .
631.
967
Diagram of Terms of Office of Appointive Delegates
Each line represents one appointive .delegate.
Solid .lines represent present RTRPC.appoinLive.members.
Dash dot lines represent new Council appolntl.ve female delegates.
Dash linas.represnnt new. Council appointive male delegates.
_~
1972-73 1973-7k 1971+-7 1975-76 '1 6- 7 1977-78 1978-y9 1979-80 etc.
Powe.
Rav
Wallace
Edwards
Jones
Hinkle
Ewin '
McLauri
Ro ors
l:hatha
Jo~ston ..
~e
~urha~
`
. Orgnge
eke ..~
hat'~iam _
_ _
~
Johnston
~ _
_
~
Lee
_ _
___ _
~
~
Durham _ _ _
_ _
Odan_~°. ---
Wakes _
r _ _
Chatham. , _ _ ,
~
Durham _
Orange ~ _ ,
Wake
~
Chatham T _ `
_ _ _ _ _
Johnston _ _ ~ _ _ _ , _ _
Lea..... _ _ -- - -
~ Durham _ _ _ _ _
Oran~_, -.__
Wake _ ~ _ _
Chatham
Johnston
Leg ~ ,
Disausaian ensued ae to the wording oP a motion relative to the transfer of
certain Punda for the Chapel Hill Sahool Unit which had been adopted by the Board
on November 3, 197].. It was agreed that the intent of said motion was not spelled
out.
Commissioner 7xa A. Ward introduced the following resolution and moved Por
its adoption:
"That ~227,5OO.OO oP Punda temperarilyr transferred Prom the General
Fund to the School Capital Outlay Fund to enable the Chapel. Hill Sahool
Administrative Unit to sign a aontraot for the aonstruation oP the Ephesus
Church Road Sahool b® appropriated back to the General Fund. Commissioner
' Ward stated that he would at the Boards first meeting in Suly move to include
as part of the interim appropriation resolution a sum equal to the sum
being transferred beak to the Geaaral Fund. This sum would be earmarked Por
the Chapel Hill School Unit to be used to complete the Spheaus Church Road
Sahool."
Commissioner Henry S. Walker, seconded Commissioner Ira A. Ward~a motion and
Chairman Bennett declared the resolution adopted.
There being no Purther business to come bePora.the Board said mooting was
adjourned,
Harvey ll, )Sennett, Chairmen
S. M. Gatti s, Acting C7.erk