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HomeMy WebLinkAboutAgenda - 03-04-2010 - 4 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 4, 2010 Action Agen,dfa Item No. SUBJECT: Boards and Commissions- Next Steps DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/N) No ATTACHMENT(S): YES — Under separate cover INFORMATION CONTACT: Donna S. Baker, 245-2130 PURPOSE: To continue Board discussion of the next steps in the boards and commissions evaluation process. BACKGROUND: The Board of Commissioners has met in finro mini-retreat sessions to review the boards and commissions process and to evaluate the options available for restructuring this process. FINANCIAL IMPACT: NONE RECOMMENDATION(S): The Board will continue its discussion of the next steps in the boards and commissions evaluation process. 1 � 1 DRAFT MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 PLANNING RETREAT 4 SOUTHERN HUMAN SERVICES CENTER 5 February 19, 2010 6 9:00 a.m. 7 8 The Orange County Board of Commissioners met for a Board retreat on Friday, 9 February 19, 2010 at 9:00 a.m. at the Southern Human Services Center in Cfiapel Hill, North 10 Carolina. 11 12 COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee and Commissioners Alice 13 Gordon, Pam Hemminger, Barry Jacobs, Bernadette Pelissier, and Steve Yuhasz 14 COUNTY COMMISSIONERS ABSENT: Commissioner Mike Nelson 15 COUNTY ATTORNEY PRESENT: John Roberts 16 COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna S. 17 Baker, 18 SCHOOL OF GOVERNMENT FACILITATORS: Vaughn Upshaw (UNC School of Government) 19 20 A motion was made by Commissioner Gordon seconded by Commissioner Hemminger to 21 approve adding a time sensitive item to agenda, Adoption of a Resolution Approving Qualified 22 School Construction Bond Financing for$4,136,434 for the Carrboro High School Arts Wing. 23 24 Commissioner Gordon asked if the CHCCS knew about this revised resolution and Frank Clifton 25 said yes, staff had communicated this information to the school system. 26 27 A motion was made by Commissioner Hemminger seconded by Commissioner Pelissier to 28 approve the Adoption of a Resolution Approving Qualified School Construction Bond Financing 29 for$4,136,434 for the Carrboro High School Arts Wing. 30 31 Resolution Approving Revised Terms 32 For Carrboro Hiqh School Arts Winq Financinp 33 34 35 WHEREAS: 36 37 On November 17, 2009, the Orange County Board of Commissioners approved terms 38 and documents related to the County's financing of the planned Carrboro High School arts wing 39 (the "ProjecY'). 40 41 Completion of the financing has been delayed pending final approval by the North 42 Carolina Local Government Commission. This approval is now expected at the LGC's meeting 43 on March 2, 2010. Because of the delay, the initial financing commitment from Branch Banking 44 and Trust Company ("BB8�T") has expired. BB&T has renewed its offer to provide Project 45 financing. Because of changed market conditions, the new financing proposal calls for an interest 46 rate of 2.09%. 47 48 BE IT RESOLVED by the Board of Commissioners of Orange County, North 49 Carolina, as follows: 50 z 3 1 1. The Board confirms its decision to carry out the Project with financing from 2 BB&T. 3 4 2. The Board approves an annual interest rate payable on the financing of not to 5 exceed 2.09%. Otherwise, the Board's approval of Project financing terms and agreements as 6 set forth in the Board's resolution of November 17, 2009, is ratified and confirmed. 7 8 3. All County officers and employees are authorized and directed to take all such 9 further action as they may consider necessary or desirable in furtherance of the purposes of this 10 resolution. All such prior actions of County officers and employees are ratified, approved and 11 confirmed. This resolution takes effect immediately. 12 13 VOTE: UNANIMOUS 14 15 Retreat Objectives: 16 1. Agree upon criteria for creating successful advisory boards and commissions 17 2. Evaluate advisory boards and commissions using criteria 18 3. Decide which advisory boards and commissions' best support the BOCC's vision and 19 goals. 20 4. Determine next steps in adopting policies for Orange County's advisory boards and 21 commissions. 22 23 Vaughn Upshaw asked the Board of Commissioners what they wanted to review during today's 24 retreat: 25 26 1. Reduce the number of boards and commissions the BOCC serves on 27 2. Guidelines for Commissioners being on boards 28 3. Better communication lines from boards to commissioners and vice versa 29 4. Better process for recruiting and selecting members of the boards/commissioners 30 5. Ensure boards have a clearly defined mission that fits into County's goals and priorities 31 6. 6. Identify which boards/commissions support goats & priorities of the County 32 7. Better communication from BOCC liaisons that serve on Advisory boards and 33 commissions 34 8. Ensure boards and commissions do not have overlap and duplicated efforts 35 9. Include Representatives boards/commissions in restructuring p�ocess 36 10. Increase process for convening ABC(advisory board and commissions) around goals 37 11. Include broader prospective of ABCs of how members relate to the goals 38 12. Develop clarity of county staff relationships with ABCs 39 13. Recognition of ABCs at BOCC meetings 40 14. Reaffirm values of ABCs : contribution of expertise, time and effort 41 42 Vaughn Upshaw said these are all legitimate suggestions from the Board of Commissioners; 43 however, they may not be successful on all of these things today but they will give it a good 44 start. 45 46 Success from Scratch 47 Introduction of ideas to remove all ABCs and start from scratch 48 General acceptance to start from scratch with ABCs 49 What does success look like? 50 BOCC paired off to decide what success looks like 51 Reporting out of partner's prospective: � 3 1 • Commissioner Foushee: (Commissioner Yuhasz) 2 o Success would mean that we have determined to set a criteria by which we 3 appoint members to ABCs 4 • Commissioner Yuhasz: (Commissioner Foushee) 5 o Success would be clarity of mission (what we want from the BOCC) 6 o Reporting relationship between the ABCs and BOCC 7 o Reporting of BOCC liaisons that serve on boards/commissions to other members 8 of BOCC (quick summary) 9 • Commissioner Jacobs: (Commissioner Pelissier) 10 o Establishment of any ABCs would have to have has their mission to achieve the 11 goals and priorities identified by the county 12 o System to ensuree trust in citizens that BOCC value citizen participation 13 � Commissioner Pelissier: (Commissioner Jacobs) 14 o Make sure there is a liaison between the ABCs and BOCC 15 o Should each department have an advisory board?And how many per 16 department? 17 o Should the liaison be a BOCC member? Staff? 18 o Accountability of ABCs and BOCC (clear about purpose and product expected) 19 • Commissioner Gordon/Commissioner Hemminger 20 o standard way of communicating befinreen ABCs and Board of Commissioners 21 (summary report) 22 o effectively use the expertise of the ABCs 23 o ensure members appointed have expertise needed 24 o regular and systematic communication befinreen ABCs and Board of 25 Commissioners 26 o Do ABCs need to have a Board of Commissioners member to serve on them or 27 not 28 o External boards vs internal boards ( administrative boards) 29 30 31 32 Gap Analysis 33 • Which ABCs meet Orange County's criteria for success? 34 35 Vaughn Upshaw said what are the criteria that they need to apply to their decision-making to 36 make the outcome and success a reality. 37 38 1. External 39 o Engagement of citizens around issue is important for buy-in 40 2. Internal 41 o Internal focus to keep the county operations on target 42 3. As much as possible make sure mission of ABCs are linked to county goals/priorities 43 4. Is purpose of ABCs linked or exist elsewhere 44 o Statutory mandates (exempt from start from scratch) 45 5. Time bound or permanent 46 6. Resources commitment of the county 47 o Staff support 48 o Financial commitment 49 7. Equity 50 8. Does an organization already exist in the community that can fulfill the county goals? J 4 1 9. Added expertise 2 10. Accountability 3 11. Periodic review 4 5 6 Gap Analysis (continued) 7 • Which ABCs meet Orange County's criteria for success? 8 Action Plan for Success 9 Process: 10 Set aside statutory items 11 Set aside inter-local agreements/intergovernmental ABCs BOCC is appointed to serve on 12 o Filter out what inter-local/intergovernmental boards BOCC can appoint a citizen 13 to serve on 14 Classify groups according to Orange County's BOC's success 15 o Housing 16 o Environment Preservation and Protection 17 o Economic Development 18 o Cultural Resources 19 o Parks and Recreation 20 o Protective Services for vulnerable populations 21 o Public Safety services 22 o Infrastructure 23 ■ Transportation 24 ■ Solid Waste 25 ■ Information Technology 26 o Education 27 o Planning and Land Use 28 o Human/Health Services 29 30 31 Frank Clifton said this could be a consensus of direction pursued and staff would come back to 32 the Board with suggestions to reduce or keep the same. Frank Clifton said for the board to go 33 through the process and then staff can look at how a board was established or created. 34 35 36 Vaughn Upshaw said they don't have 14 boards and commissions; but 14 categories in which to 37 put all of their boards/commissions under. 38 39 40 Review and Next Steps 41 • What policies will the BOCC need to adopt to create successful ABCs? 42 1. Review existing ABCs to identify BOCC authority to: 43 o Dissolve 44 o Merge 45 o Expand 46 2. Review process suggestions (hand out—draft Advisory Committee Policy)) 47 48 • Scope � 5 1 • Duties ' 2 • Membership Criteria 3 • Roles and Responsibilities 4 • Organization 5 • Meetings 6 • Committees 7 • Quorum g • Voting g • Authorized Spokespersons 10 • Conflict of Interest 11 • Compensation and Travel Reimbursement 12 • Limitation of Powers 13 14 15 3. Review/establish criteria for ABC policy against a model policy 16 4. Agree on incremental next steps for upcoming appointments 17 5. Consider County Manager's recommendations of reduction/merge/elimination of ABCs 18 6. Identify which ABCs are eligible to be sunset 19 7. Determine appointment process/ orientation process 20 8. Standardize language for ABCs 21 a. Establish time/authority z2 9. Clerk will regroup commissions to sort into (statutory, external, internal, membership, 23 BOCC appointments, etc) 24 10. Liaison role—A motion was made by Commissioner Hemminger seconded by 25 Commissioner Jacobs to approve for only 1 commissioner to serve on a 26 board/commission unless legally required to participate on ABCs , (Commissioner Yuhasz 27 not present for vote). 28 29 30 Frank Clifton said they need to look at how these boards were originally created, and the Board 31 of County Commissioners needs to prepare itself for some backlash from the public if they do 32 decide to eliminate/reduce/merge boards and commissions, as he as proposed in his 33 recommendations. Frank Clifton said one of the overall problems is when the Board appoints 34 an applicant to a committee; many times they do not know this person at all. 35 He suggested that they may want to consider creating an interview committee made up of 2-3 36 Commissioners to review applications periodically. 37 38 The Board agreed to move forward on sun setting 3 boards/commissions that are no 39 longer functioning: 40 41 Hollow Rock Planning Committee 42 New Hope Park at Blackwood Farm Master Planning Taskforce 43 Twin Creeks Work Group 44 45 46 The Board agreed to sunset/merge soon the following boards/commissions: 47 48 Efland-Mebane SAP Implementation Focus Group 49 Interlocal Agreement Committee for the Hillsborough Area-Orange County Strategic Growth 50 Plan Phase II 6 � 1 Rogers Road Water and Sewer Work Group 2 Legislative Issues Work Group—this is only a staff/Board of Commissioners' work group that 3 can be taken off of the list 4 Sportsplex Community Advisory Committee 5 Reduction of 5 Housing Committees (seeking recommendation from Manager) 6 Climate Change Committee (Air Quality Advisory Committee) 7 Transportation Services Board (merge into Orange Unified Transportation Board) 8 Adult Care Home Community Advisory Committee & Nursing Home Community Advisory 9 Committee (seeking recommendation from Manager) 10 Carrboro Northern Transition Area Advisory Committee- Clerk to check on status 11 12 Membership Organization- can remove from listing 13 ICLEI 14 NACO/NCACC Legislative Liaison 15 16 Commissioner Yuhasz suggested removing Healthy Carolinians from the list since it is a 17 consortium. 18 19 Commissioner Jacobs suggested for the Board of Commissioners'liaison to notify the Manager 20 as to who and when to sunset, who in turn will notify the Clerk's office so that a 21 board/commission can be formally sunsetted. 22 23 Vaughn Upshaw said ultimately it is the Board of County Commissioners' responsibility to 24 decide to sunset. 25 26 Commissioner Jacobs suggested using standardized language for the future creation of a board 27 —such as task force, focus group, work group, etc. 28 29 30 Commissioner Yuhasz left at 92:28 PM 31 32 33 . 34 35 VOTE: Unanimous (5) (Commissioner Nelson and Commissioner Yuhasz were not present) 36 37 Frank Clifton said 38 39 40 12:00 Other BOCC Business 41 1. Meals for BOCC Meetings 42 • Does the County want to develop a policy that states that a certain percentage of 43 food that is served at Commissioners' meals (such as 30% or 1/3 over a year's 44 time) must be grown in Orange County, and would this percentage be a 45 reasonable amount) 46 47 o Reframe as county governmental activities, instead of BOCC meetings 48 o Commitment to a philosophy, wants to avoid adopting formal policy 49 o Encourage practice 50 o Rea�rm process for food ordering : Head count, in the future budget focused 51 o Term it as a goal of the county to provide meals that locally grown O 7 1 o A motion was made by Commissioner Pelissier seconded by Commissioner 2 Jacobs to approve for staff to come back with a goal for meals provided for 3 county governmental activities 4 5 6 VOTE: UNANIMOUS (5) (Commissioner Yuhasz and Commissioner Nelson were not present) 7 8 9 10 11 2. Policy for Commissioner Travel 12 • Discussion to decide if the funds for this line item should be as a group (7) or individual 13 travel line items ; 14 • Can BOCC members transfer funds from one member to another 15 16 17 o No distinction between board and commissioners. Equal allotment per member 18 (i.e., $1700) 19 o Allocations of budget returned back if funds not used 20 o Cooperation between BOCC members who is best to attend certain meetings 21 requiring a travel allotment 22 o Manager indicated budget process may implement more restrictive process on 23 local funds used among employees. Registration fee paid. Commissioner pays 24 for food, hotel fee. 25 o No motion made, will come back as an agenda item 26 27 3. Meeting Times for BOCC Meetings 28 • Start times for BOCC meetings- formal adoption —discussion of the 7pm vs. the 7:30pm 29 start time. 30 31 32 o A motion was made by Commissioner Hemminger seconded by Commissioner 33 Jacobs to approve the meeting start time at 7:OOpm. 34 VOTE: 4-1 (Commissioner Gordon) (Commissioner Yuhasz and Commissioner 35 Nelson were not present) 36 o BOCC will make commitment to arrive at meetings on time 37 38 4. Revision of Rules of Procedure Book 39 40 • Order of Agenda items: 41 42 The Board agreed by consensus on the following order for agenda items: 43 44 1. Additions or Changes to the Agenda 45 46 PUBLIC CHARGE 47 48 The Board of Commissioners pledges to the citizens of Orange County its respect. 49 The Board asks its citizens to conduct themselves in a respectful, courteous 50 manner, both with the Board and with fellow citizens. At any time should any 51 member of the Board or any citizen fail to observe this public charge, the Chair will � 8 1 ask the offending person to leave the meeting until that individual regains personal 2 control. Should decorum fail to be restored, the Chair will recess the meeting until 3 such time that a genuine commitment to this public charge is observed. All 4 electronic devices such as cell phones, pagers, and computers should please be 5 turned off or set to silent/vibrate. ' 6 7 2. Public Comments 8 3. Proclamations/ Resolutions/ Special Presentations 9 4. Consent Agenda- 10 5, ITEMS REMOVED FROM CONSENT AGENDA 11 6. Public Hearings 12 7. REGULAR AGENDA 13 9. Reports 14 10. County Manager's Report 15 11, COUNTYATTORNEY'S REPORT 16 12. APPOINTMENTS 17 13. Board Comments (Three Minute Time Limit per Commissioner) 18 14. Information Items 19 15. Closed Session 20 16. Adjournment 21 22 23 • Board Comments: Three minute time limit per Commissioner- no discussion — leave as 24 is 25 • Time limit (one hour total) on public comments (with items either on the agenda or not on 26 the agenda)- no discussion — leave as is 27 28 Vaughn Upshaw said that she knows that the appointment process for the boards/commissions 29 has been held up while the Board of Commissioners discussed this process; however, since this 30 is going to be a longer term process with revising their entire advisory boards/commissions 31 process, she suggested for the Board to select a sub-committee to review upcoming 32 appointments that may need to be made now (esp. to statutory boards). 33 34 Frank Clifton suggested that this process of review/reduction/elimination/merging/sun setting of 35 boards/commissions may take several work session to resolve because they do want to make 36 sure to include input from their boards/commissions on this process. 37 38 The Board agreed that the Chair/Vice Chair will serve as a sub-committee/selection committee 39 for the appointment process, their own appointment process for choosing the 40 boards/commissions they want to serve on, and the longer process of next steps in the 41 restructuring of their boards/commissions. 42 43 A motion was made by Commissioner Jacobs seconded by Commissioner Hemminger to 44 adjourn the meeting at 1:14 PM . 45 46 Valerie Foushee, Chair 47 ~o January 4, 2010 RE: RECOMMENDATIONS REGARDING THE NUMBER OF ADVISORY BOARDS AUTHORIZED BY THE COUNTY COMMISSIONERS OVERVIEW: County Commissioners held a work session led by UNC Institute of Government Staff addressing the practice of using advisory boards in County Government in North Carolina. The work session focused on the proper role of advisory boards, appropriate use of advisory boards, and county staffing support for advisory boards along with an analysis of how advisory boards have practical applications in support of on-going county government applications. County Commissioners recognize that (1) a number of established Advisory Boards have served their initial intended purpose and those participants need to be recognized for their service and the group as a functioning committee dissolved, or placed on inactive status; (2) some Advisory Boards established by State Statute or other legal requirement need to function but meet more infrequently; (3) some Advisory Boards created for a specific purpose which may no longer have a valid need to exist; (4) some Advisory Boards should have had fixed durations and then dissolved; (5) and to an extent, some Advisory Boards have overlapping interest(s) with other established Advisory Boards. A review of information provided by the Clerk's Office indicates there are 77 +/- Advisory Boards and/or Committees with membership appointed by the County Commissioners, not all of which are Orange County creations. There are approximately 400 persons serving in some appointed capacity on those groups. 45 people (more or less) are appointed to more than one of the Advisory Boards. No effort was made to tabulate the vacancies based upon desired membership, but there are existing vacancies among the various Advisory Boards. One staff member within the Clerk's Office devotes a significant number of hours daily to managing and maintaining information on appointments made by the County Commissioners. At the conclusion of the County Commissioner's work session on this subject, the County Manager was directed to develop recommendations regarding the number of existing Advisory Boards and to suggest which Boards might be restructured, merged and/or designated for dissolution. Recommendations offered take into consideration specific organizational restructuring decisions that are being implemented, formulated for consideration or to be suggested in FY 2010-11 budget proposals. 1 County Commissioners ultimately are responsible for deciding which Advisory Boards exist, membership, mission and focus. Recommendations offered focus on government functionality and service delivery. The role of each Advisory Board created needs to be routinely reviewed and modified as needed. It should be a scheduled practice to consider the relevance and effectiveness of every Advisory Board and whether its continuation is warranted. County Commissioners have limited power to delegate their authority to an Advisory Board. Some Advisory Boards appear to believe their input has binding impact. Freedom of County Commissioners to make decisions different or contrary to recommendations offered by an Advisory Board is not in dispute. County Commissioners as elected leaders are granted the sole authority in most instances when Orange County acts within its ofFcial capacity. At the conclusion of these recommendations loffer suggestions with regards to establishing selection criteria for Advisory Board membership, continuing service, member service recognition and individual training considerations. These ideas are meant to strengthen the effectiveness each Advisory Board has in addressing issues coming before the county. Advisory Boards that either have NC General Statutory status or other legal structure not controlled by County Commissioners are not addressed. It is suggested that County Commissioners closely review each request for assignment of a County Commissioner to serve as a representative to various community groups "before" acting on those requests. Assigning a County Commissioner to a community group's board tends to create an "official" status for that assignment often linked to funding support. Each County Commissioner remains free to serve on or attend the meetings of any community group, but that decision should not bind the County or create an "official" link beyond that individual's connection. 2 Advisory Board actions for consideration: 1. Chapel Hill/Orange County Visitors Bureau Spin this organization off as provided under NC General Statutes into a separately functioning incorporated entity. There are two separate local hotel/motel taxes (Town and County) authorized and currently collected in Orange County. The County levy is used wholly for the operation and support of promoting Tourism in Orange County. The Town of Chapel Hill uses a separate levy for other purposes. Reorganize the current Tourism Board and spin it off within the parameters of the law. It would no longer function as a county department nor would its staff be county employees. This can be an effective approach to promoting tourism and gain more private sector involvement and support. 2. Orange County Arts Commission Spin this organization off as an independent non-profit. It is unusual that a county have a formal `Arts Commission' and staff as a government function. Support for the Arts is of real benefit from a cultural and economic development perspective. This organization may be better served outside the realm of the county's organizational structure as an independent entity. The county should continue financial support but no longer staff a position. 3. Commission for Women Sunset this Advisory Board as an active function. Its primary responsibilities can be assigned to a re-configured Human Rights and Relations function. (Re-organization related to Human Rights and Relations noted next.) Activities with supporting county involvement promoting women's initiatives can be established via the local non-profit "The Women's Center" by a formalized partnership for better coordination of effort. 4. Human Rights and Relations Reconfigure this Advisory Board within oversight by the County's Community Development Department. Organizationally, it is my intention that the Human Rights and Relations function will be supervised by the County's Community Development Director. A reconfigured Advisory Board encompassing the initiatives of both the Women's Commission and the Human Rights and Relations functions can be established as needed based after further study. (There may be an independent non-profit 3 organization existing within Orange County that offers an opportunity for partnership ensuring a more independent approach to this function. If so, the county can establish a contract relationship with funding support.) 5. Economic Development Commission It is suggested that the Orange County EDC and related functions within the Towns study formation of a comprehensive county-wide organization. I am not fully aware of how the Towns of Chapel Hill and Carrboro presently function or how the County's Advisory Board interfaces with its counterparts for the Towns. If gaps exist then facilitating economic development discussions among these groups would be important. Closer relationships and a comprehensive approach to citizen advisory board participation between the Towns and County could provide more collaboration. Economic development within the Towns is economic development within Orange County. The County should continue enhancing the three separate economic development districts it has created. Relationships with Mebane, Durham and Hillsborough remain important to success in those three districts. An Advisory Board with buy-in among the Towns could have a positive impact county-wide. Clients (customers seeking site or facility location assistance) should be a high priority for cooperation among the Towns and County. 6. Adult Care Home Community Advisory Committee and the Nursing Home Community Advisory Committee It is suggested these two Advisory Boards merge. Functions are similar in nature and focus. The same county staff person serves as support for both groups. There may be technical issues to be addressed but I am unaware of limitations on expanding the role of the more official of the two boards with regards to any functions carried out by the other. 7. Information Technology Advisory Committee Sunset this Advisory Board as a direct involvement in county administrative matters. It may have a role as asub-committee within the County's Economic Development Commission focused on enhancing privately owned infrastructure as it applies to the general public and business sector need and uses. 8. Personnel Hearing Board Sunset this Advisory Board for the present. 4 /~ If a reconfiguration of the personnel regulations achieves `substantial' equivalency with NC rules applied to county employees falling within the State Personnel Guidelines, a restructured Personnel Board of Appeals could be considered. As now constituted, this Advisory Board has a limited role applied to a limited number of eligible county employees. I am not certain how many times the current board actually has met or under what circumstances. But it is not applicable to personnel actions involving those employees falling under the State Personnel Act (Health and Social Services) or those employees under the direction of the County's elected officials (Sheriff and Register of Deeds), thus its realm is limited in scope. 9. Solid Waste Advisory Board Sunset this Advisory Board as now constituted. Its role in review and recommendations regarding solid waste disposal within Orange County has been overshadowed by the actions of the Towns and County. Recent decisions with regards to waste disposal have rendered the role of this group moot. If a revived search for either a landfill or solid waste transfer station within Orange County should occur, consideration can be given to creating a `task force' given that assignment. Operational decisions related to solid waste within the county are budgetary in nature and reduce the need an Advisory Board. 10. Efland-Mebane SAP Implementation Focus Group Sunset this Advisory Board as now configured. It can be reconstituted if need arises in the future. 11. Hollow Rock Park Planning Committee Sunset this Advisory Board as now configured. It can be reconstituted if need arises in the future. 12. Parks and Recreation Advisory Council After further study this group could be reconfigured. When needed separate committees created in the past to address specific park projects could have been formulated as individual task force groups under the general oversight of a reconfigured Parks and Recreation Advisory Council. Organizational restructuring will be proposed in FY 2010-11 that moves Parks and Recreation staffing functions into a reporting relationship to the County's Environmental Resources and Conservation Director. Study of the County's role with in recreational programming activities is warranted. Partnerships with non-profit community based groups offer 5 /5~ opportunity for enhanced coordination of recreational activities beyond paid county staffing limits. 13. Human Services Advisory Commission Sunset this group's existing structure and create a joint work group under the oversight of the Board of Public Health and Social Services Board. This group is currently responsible for soliciting, receiving and reviewing the requests of `outside' agencies and non-profits for county funding assistance; ultimately making a recommendation to the County Commissioners at each budget cycle. The distribution of county funding to external agencies and groups ultimately is a responsibility of the County Commission subject to annual budget decisions. The current group has made effort to thoroughly evaluate the requests it receives and thoughtfully make recommendations. However, lack of interconnect with existing county programs managed by the Departments of Health, Social Services and Aging may exist within current parameters of how this process is handled. A more defined process with input via the two or three county departments dealing directly with `safety-net' services could be employed. Budget constraints will continue to impact available funding. A formalized method of monitoring and evaluating how county funding is used by external agencies can be constructed to reduce opportunities for misuse. 14. Sportsplex Community Advisory Committee Sunset this Advisory Committee and assign its role to a reconfigured Parks and Recreation Advisory Council. The County owns this facility and contracts for its operations. The formal reporting relationship between the company providing operational oversight should be with county professional staff not an Advisory Committee. Recent county audit findings indicate more management oversight of purchasing and operational expenses is needed. The contractual relationship is between the county and the company not with the Advisory Committee. A reconfigured Parks and Recreation Advisory Council could create a facilities task force or sub-committee to work on issues related to the Sportsplex and other facility management groups (non-profits, not-for-profits and others). 15. IP (Intergovernmental Parks) Work Group Dissolve this Advisory Group as a County Commission appointed committee. If needed, it can be a working group of the reconfigured Parks and Recreation Advisory Council. 6 ~6 16. Twin Creeks Work Group Sunset this Advisory Group as now structured. If further effort is necessary, assign it to the Parks and Recreation Advisory Council. 17. Inter-local Agreement Committee for the Hillsborough Area-Orange Count Strategic Growth Plan Phase II Sunset this Advisory Group and if necessary allow the County' Planning Board to facilitate as sub-committee to work with the Town of Hillsborough as needed. 18. Commission for the Environment Consider expanding the role of this Advisory Board in areas of related impactor associated concern as the need or issues arise. The Air Quality Advisory Committee is (noted next) is an example of an issue that could be asub-committee of the Commission for the Environment that focused on a set of issues in detail. The staff for the Commission for the Environment has been involved in pursuit of land banking and park site locations. Reorganization proposals for the 2010-11 budget will focus upon establishing a direct relationship between Parks and Recreation functions and the Environment and Resources Conservation Department. It may be appropriate to study the role of the Commission for the Environment, considering a more inclusive title change for this Advisory Board. 19. Air Quality Advisory Committee Sunset this group as now structured. Assign the task to the Commission for the Environment. 20. Healthy Carolinians Sunset this group as now structured. Assign the task to the Board of Health. 21. Historic Preservation Commission Evaluate delegating the work of this Advisory Board to a county-wide non-profit entity and/or working with other groups that may exist to create a formal effort `outside' of a county governmental function. As an independent, non-governmental agency there may be opportunities for the use of grant funds to pursue historic preservation and education efforts. 22. Affordable Housing Advisory Board; HOME Program Review Committee; Housing Bond Program/Project Review and Selection Committee; Orange County Housing Authority; and Community Home Trust These five separate Citizen Advisory Boards deal with similar related issues. Study and consideration could be given to (1) merging, or reassigning related 7 i7 tasks to one group or another; (2) dissolving one or more of these groups, allowing the tasks performed and responsibilities to be assumed by another; (3) creating anon-profit entity or stand alone governmental agency; contacting with it for the services rendered by one or more of these groups; or finally (4) determine if overlap exists and reduce or eliminate it, streamlining processes and activities. 23. New Hope Park at Blackwood Farm Master Planning Taskforce Sunset this Task Force. Assign this function to the reconfigured Parks and Recreation Advisory Council. 24. Orange Unified Transportation Board and the Transportation Services Board It is suggested that effort be pursued to merge the purpose of these two Advisory Boards into one. The mission of the broader of the two reflects the interest of the other. 25. Advisory Board on Aging Consider whether this Advisory Board should remain as it is currently constituted; be modified; or phased out of operation with its role assigned to the non-profit organizations currently in existence. It is my understanding there may be two separately incorporated non-profits (one associated with each Senior Center in the County). As such it `may' be appropriate for these two organizations to assume an advocacy role now assigned to the Advisory Board on Aging. A review may show that individuals involved with the county's Advisory Board on Aging are also actively involved in the other two organizations. A goal of shifting this role as suggested could be to streamline consideration of issues important to senior citizens. 26. Animal Services Advisory Board Consider whether existing non-profits focused on animal care and welfare can provide expertise and input supplanting a formalized Advisory Board. It may be that relationships between the county and various non-profit animal welfare groups already exist to the extent that the Animal Services Advisory Board duplicates in action and membership intended efforts. I have not explored these elements to have a firm opinion at this time. 27. Fire Chief s Association of Orange County No formal recommendation is offered at this time. The study of county-wide emergency services may bring forth alternative approaches to the existing structure worthy of further consideration. 8 18 As providing volunteer fire services in Orange County become more complex, a variety of issues may require more study and analysis. There is no `one' best approach to these issues. The significant role played by volunteers in support of fire safety and fire suppression activities is an important asset. Other Issues for Consideration - County Commissioners are approached to serve on or create citizen advisory groups with regards to particular issues. This process led to the creation of many of the existing Advisory Boards the county now has in place. Citizen input is a key factor in developing effective methods to address significant issues where the county determines outcomes. Citizen involvement is important in Orange County. Effective citizen involvement remains a priority when establishing and maintaining each advisory board or task force. At any given time, each advisory board serves an important role in the decision making process. At other times, advisory boards can create delays and may lack focus in addressing important concerns. It is important to have clear criteria for advisory board membership; clear focus on mission and role; regular rotation of advisory board members; diversity of membership; and a method of evaluating the effectiveness advisory boards and their on-going relevance. County Commissioners have flexibility in design, creation and modification of structure along with the role each citizen advisory board has and its longevity. Review given these matters at regular intervals can make serving on one of these boards a valuable civic experience for those individuals volunteering their time, expertise and services. Suggestions offered are not meant to diminish in any way the past activities or efforts of any existing advisory group or task force. Input is offered as alternative thought to the status quo as requested by County Commissioners with intent to improve effectiveness of citizen involvement and encourage expanded participation in less formalized manner. To keep citizen involvement at the highest of levels, it is important to ensure individuals volunteering for service feel their efforts have an impact and are appreciated. Three considerations for future action include: (A) Regularly recognize citizens serving on the various advisory boards in some formalized manner; (B) Establish a structured introductory and on-going training programs for citizens appointed to or considering appointment to advisory boards; and 9 i~ (C) Develop more open and effective processes to recruit individuals to serve on the various advisory boards in an attempt to broaden perspectives and views to ensure comprehensive public involvement. Summary These suggestions may extend beyond what County Commissioners expected. It is anticipated further discussion will lead to more study of this input. Hopefully, this presentation will stimulate actions to enhance the effectiveness of the county's various advisory boards and expand civic involvement. Frank W. Clifton, Jr. County Manager Orange County, NC 10 Advisory Committee Policy °~'~ D-R-A-F-T 1. Scope 2. Duties 3. Membership Criteria 4. Roles and Responsibilities 5. Organization 6. Meetines 7. Committees 8. uorum 9. Votine 10. Authorized Spokespersons 11. Conflict of Interest 12. Compensation and Travel Reimbursement 13. Limitation of Powers 1. Scope PURPOSE: To establish policy and procedure whereby the County Board of Commissioners will make appointments to County public advisory boards, committees, commissions and councils (hereinafter referred to as "advisory committees"). The may appoint a committee whose duty is to serve in an advisory capacity to concerning AUTHORITY: The County Board of Commissioners may establish rules and regulations in reference to managing the interest and business of the county. The board of commissioners has the responsibility to appoint citizens to serve as members of advisory committees established by the board. All department heads and staff are responsible for support to the county advisory committees. POLICY: This policy establishes the parameters for board appointments to state- mandated and/or county-developed advisory committees. Alternative Structures for Advisory Committees: Upshaw/UNC-SOG DRAFT Advisory Committee Policy 1 ~~ Advisory Committee Policy D-R-A-F-T a. Statutory committees These are boards and committees either mandated by law (such as health, social services, local management entity) or boards and committees that may be voluntarily established, but once established have statutory responsibilities (planning board or ABC board). b. External committees These boards and committees are established by an external authority (such as a Council of Government or transportation authority) and the county is asked to appoint members to serve as representatives of the county. c. Standing committees (advisory to BOCC) a. Standing boards and committees are ones the county commissioners establish voluntarily. The county commissioners determine the scope of duties for standing boards, membership criteria and reporting responsibilities d. Ad hoc committees (short term) Ad hoc boards and committees are appropriate for short-term issues. The board of commissioners may want public involvement in evaluating options, but once the options have been assessed prefer to dissolve the committee and give formal responsibilities todepartment heads or standing committees. Periodic Review: Periodic review of this policy will be conducted every years by the board of commissioners. 2. Duties: For purposes of consistency, all appointments to advisory committees will be made by the . In order to qualify for an appointment to a advisory committee, a person must: a. Meet qualifications of the specific advisory board. b. Reside or work in County. c. Be eighteen (18) years of age or older unless applying under a 'Leadership Youth' position. d. Meet all statutory requirements for the appointed position. Exceptions: The board may waive requirements, with the exception of statutory requirements. Upshaw/UNC-SOG DRAFT Advisory Committee Policy 2 Advisory Committee Policy ~~ D-R-A-F-T a. The areas of advisory committee advises the in the b. The advisory committee, through its membership and subcommittees, maintains continual contact with representative professional groups, stakeholder groups, and industry organizations. In this manner, the committee is kept apprised of current information related to all matters under the jurisdiction of the department/county. c. The committee serves at the pleasure of the d. All actions of the committee shall be transmitted in writing, on a regular basis, to the county 3. Membership Criteria Composition: The shall appoint all voting members to the .The voting members shall reflect the cultural and ethnic diversity of the community. b. The members and #_non-voting member. The department's representative shall serve as the non-voting member of the committee. c. Advisory committee members serve the people of . As such, their role includes their commitment for full participation in the advisory committee's meetings and activities. The members of the advisory committee shall consist of: a. All committee members shall either be permanent residents of the county, own real property or work or maintain a place of business in the county, and shall have good reputations for integrity and community service and shall have not been convicted or received a deferred sentence for a felony crime. b. No nominee to the committee, nor any members of the nominee's immediate family, shall be currently employed by the county. c. No nominee may currently be a party nor be a legal representative in litigation against the county. d. Each nominee must be prepared and committed to invest the necessary time in enhancing community relations in a manner that enhances relationships between the county and the community. #_ members appointed by the shall represent the following (demographic characteristics, geographic regions, professional disciplines, etc.): advisory committee shall be composed of #_ voting Upshaw/UNC-SOG DRAFT Advisory Committee Policy 3 Advisory Committee Policy D-R-A-F-T oL.J Up to # Ex Officio members appointed by the serve until appointment of their successors by the Selection Criteria: Appointed members, except for the appointed ex officio members, shall be qualified by .They shall be appointed from nominees (recommended by .application submitted to ,representative of _). Appointment: a. All members of advisory boards serve at the pleasure of the county board of commissioners. b. Appointments to advisory boards will be initiated (with an application process, recommendations from ,nominations by professional organizations. All appointments to advisory boards will be made by c. No person appointed to a county advisory committee shall serve on that board for more than terms or more than a period of years, whichever is longer. d. Extension of a member's term maybe approved by the board of commissioners if it is determined that it is in the best interest of the county to allow an individual to continue to serve. Terms: Each appointed advisory committee member shall serve a term of years and hold office until the qualification and appointment of their successor or until one year has elapsed since the expiration of the term for which they were. appointed, whichever first occurs. No person shall serve as an appointed member of the committee for more than two consecutive terms. b. In order to establish staggered terms, three of the original voting members of the _ committee shall be appointed for aone-year term, three for atwo-year term and three for athree-year term. Thereafter, each new voting member shall serve for a three-year term. No voting member will serve more than one term. c. Advisory committee members whose terms are due to expire may request or be asked to accept reappointment to the position. Resignation: Upshaw/UNC-SOG DRAFT Advisory Committee Policy 4 a~ Advisory Committee Policy D-R-A-F-T a. A member of an advisory board shall submit his or her resignation in writing to the chair of the advisory board on which he or she serves noting the effective date of the resignation. b. The chair will forward a copy of the resignation to the director of the department and to the board of commissioners. c. The board of commissioners shall recognize the individual's service via a letter or certificate. Vacancies: Upon expiration of the term of service of members or should a vacancy otherwise occur, the shall have the responsibility to select and appoint new members to the committee. Removal: a. Members of the committee are expected to exhibit the highest ethical and professional standards. The County Manager or designee will remove a member upon a majority vote of the board. b. The may remove any member of the committee for neglect of duty, non-participation or other just cause. Release from Service: a. When it may be deemed necessary to release a member from his or her term of appointment on an advisory board, the affected individual shall be notified by letter. b. When an advisory board or committee has completed its function, the members shall be informed of the termination of the advisory board by letter from the board of commissioners and/or the responsible department. Orientation and Training: The county will make available periodic training for advisory board members and department staff on state and county statutes and policies; including public meetings, public records and ethics. 4. Roles and Responsibilities Members: Members shall attend meetings of the advisory committee, serve on subcommittees and perform other functions as assigned by the advisory committee Chair. For Upshaw/UNC-SOG DRAFT Advisory Committee Policy 5 a, 5 Advisory Committee Policy D-R-A-F-T Quorum considerations, if a committee member is unable to attend committee meetings, the member shall contact the or designated staff as soon as possible, and at least 48 hours before the scheduled meeting. b. Committee members that are non-board members may be appointed by the _for the purpose of meeting subject-matter expert needs. When appointing, criteria identified in section should be used. c. Upon review of the above matters, the committee shall address recommendations and concerns, if any, to in writing. 1. The will consider the advisory committee's recommendations or concerns. 2. Should any concerns remain unresolved after receiving a response from the the board may request the matter be referred to the County Manager. d. To enhance trust between the department and the community, members of the Advisory Committee will: 1. Assist staff of the department in achieving a greater understanding of the nature and causes of community problems, with an emphasis on improving relations between the department and the citizens. 2. Recommend methods to encourage and develop 3. Work to strengthen and ensure, throughout the community, the application of 4. Promote public awareness of contemporary issues the department must react to. Chair and Vice Chair Selection and Responsibilities: The Chair of the advisory committee is (nominated, appointed, elected) by the county Advisory committee Chair and Vice Chair shall be appointed members with at least two years remaining of their four-year terms. The Chair and Vice Chair shall serve no more than consecutive terms. The Chair and the Vice Chair shall assume office on At the first advisory committee meeting upon assuming office, the advisory committee Chair shall present members with a copy of the committee charge, scope and membership. a. The Committee Chair has the following duties: Upshaw/UNC-SOG DRAFT Advisory Committee Policy 6 ~~ Advisory Committee Policy D-R-A-F-T 1. Calls all meetings 2. Serves as presiding officer 3. Assists staff to develop the committee meeting agenda 4. Designates subcommittees 5. Dissolves or appoints additional subcommittees (subject to committee and/or approval) 6. Appoints subcommittee chairs and membership 7. Works in consultation with the 8. Carry out Committee assignments from the 9. Designate a Vice Chair for the committee. 10. Conduct committee meetings and present a report of the committee's proceedings and resulting motions for approval at County Board meetings. 11. Review the all committee minutes or assigns another member of the committee to do so. 12. Review as directed by the 13. Recommend to the 14. Provide to the 15. Convene .for the purpose of b. The Committee Vice Chair has the following duties: Shall preside at Committee meetings in the absence of the Committee Chair. 5. Organization The members shall adopt rules and procedures relating to the operation of the committee. The committee shall determine the date, time, and place for each meeting. Training: a. Each member shall attend an orientation presented by the department to familiarize the board with the operation of county government, the -department and the rules and operating procedures of the committee. b. Each voting member will be encouraged to complete the and participate in at least one (ride-along, site visit, training session...). c. Members will be issued a manual and should become familiar with its contents. Operating Expenses: Upshaw/UNGSOG DRAFT Advisory Committee Policy 7 ~~ Advisory Committee Policy D-R-A-F-T a. Voting members of the advisory committee are not employees of the county. b. Voting members serve in a voluntary capacity and shall receive (no, amount) monetary compensation or any other financial or employee benefit from the county. c. The county will provide office supplies and assume responsibility for other expenses necessary for the operation of the committee. Confidentiality: The chairperson shall serve as the spokesperson for the advisory committee. Except for the chairperson, no member of the advisory committee shall make any written or oral statement of any committee activity to any individual or body. A violation will result in immediate removal from the committee. Members of the committee may receive information regarding personnel matters and other information of a sensitive or confidential nature. It shall be the duty and responsibility of each member to respect and maintain the confidentiality of all matters presented before the board. Neither the committee, nor any individual member, shall disseminate confidential information received during board meetings. Board members are required to sign confidentiality statements and will be removed from the board upon violation of the confidentiality agreement. 6. Meetines In accordance with NCGS all meetings are open to the public as required by the Open Meeting Act. Unless otherwise specified, public meeting procedures will follow the latest edition of Roberts Rules of Order. a. Regular Committee and Subcommittee Meetings The Committees convene upon call of the Chair and usually meet on a quarterly basis. The meetings may be held in various locations within the county. Subcommittee meeting dates shall beset by Committee Chairs and shall be scheduled in conjunction with Committee meetings. b. Special Meetings The Committee Chair may call special meetings at any time for any specific business. Special meetings, such as appeals, are convened at a location selected by the Chair. c. Meetings Held Via Teleconference Teleconference for meetings shall only be applied in unusual circumstances and shall not replace a regularly scheduled Committee meeting. No Quarterly meeting or Upshaw/UNC-SOG DRAFT Advisory Committee Policy 8 ~~ Advisory Committee Policy D-R-A-F-T appeal hearing shall be conducted via teleconference. Under no circumstances should a teleconference meeting exceed one hour. d. Emergency Meetings The Chair may call a meeting in emergency circumstances by providing telephone notice to media outlets at least one hour prior to the meeting. An "emergency" situation includes a disaster which severely impairs the public's health or safety. In the event telephone services are not working, notice must be given as soon as possible after the meeting. e. Meeting Notices Notice of any public Committee's meetings (including appeal hearings) and their agendas shall be made available to all members, interested parties and to any person who so requests, at least ten days in advance of the meeting by a-mail and by posting on the Internet site. f. Agendas 1. Committee Chairs should submit agenda items to the at least # days prior to a scheduled meeting. 2. The agenda must provide a description of each item of business to be transacted or discussed so that interested members of the public will be capable of understanding the nature of each agenda item. 3. As a general rule, only those items appearing on the agenda will be discussed or voted on. However, if an item is raised by a member of the public, the Committee may accept testimony and discuss the item so long as no action is taken until a subsequent Committee meeting. 4. With the Chair's concurrence, the designated staff will develop and distribute to each member an agenda listing the matters to be considered at upcoming committee meetings. Also, so far as practical, copies of all written reports which are to be presented to the Committee for member's review will be included in this package at least ten (10) days before the meeting. g. Minutes Minutes shall be taken of all Committee meetings and submitted to the _for consideration and approval. 7. Committees a. Committees are formed to research and make recommendation on special issues or areas to carry out the identified duties of the advisory committee. All subcommittees shall be reviewed on an annual basis to determine continued need and realignment to priorities of the county b. Except as approved by action, the majority of members of a subcommittee shall be residents. Upshaw/UNC-SOG DRAFT Advisory Committee Policy 9 Advisory Committee Policy D-R-A-F-T c. Subcommittees are ad hoc if they are temporary in nature. Approved ad hoc subcommittees must have documented goals, deliverables, a timeline, and will cease meeting when these are satisfied. d. Advisory Committee Chairs may request of the full Board of County Commissioners changes in the structure and/or operating procedures of their advisory committee if they deem it is essential for its effectiveness. e. All recommendations of advisory committees, in the form of motions, shall be conveyed exclusively to the Board of Commissioners for action. Approved motions are forwarded to the Board of County Commissioners for consideration, approval, or denial. Outcomes are reported back to the committee. Subcommittee Formation and Operation: a. Formation A subcommittee can be formed following b. Operation Subcommittees shall operate as specified. criteria. 1. A member of the subcommittee shall take responsibility for assigning a note taker and reporting to the full Committee on the progress toward its stated objectives, including dissenting view points. 2. Subcommittees shall operate by consensus or 3. Subcommittees shall have a technical representative assigned by 4. will support accommodations for other than convenience, such as teleconferencing for someone who cannot physically attend due to disability. (Members can submit their contributions in writing by mail or a-mail to staff.) c. Membership Membership shall be voluntary (other than the discretion of the Committee Chair, and the ). 8. uorum A quorum for a meeting of Committees will consist of one more than half the voting members. 9. Votive Decisions are reached by a simple majority vote. All voting will be conducted in open meetings, except when in closed session as defined in the Open Meeting law. No issues can be voted upon unless a quorum is present. Upshaw/UNC-SOG DRAFT Advisory Committee Policy 10 ~~ Advisory Committee Policy D-R-A-F-T Advisory Committee Meetings Only appointed members can vote at advisory committee meetings. Appointed members shall not delegate their vote entitlement. Advisory committee members, and other members appointed by the County Board Chair may vote at Committee meetings. b. Voting by Chairs The Chairs of the Advisory Committees may participate and vote on all issues. c. Proxy Voting by proxy is not allowed. 10. Authorized Saokesaersons The Advisory Committee Chair and Executive Director are authorized spokespersons for the advisory committee. Other committee members may speak on behalf of the advisory committee only upon authorization by the Chair or Director. 11. Conflict of Interest During committee meetings, members shall abstain from voting when they believe they have a conflict of interest. During review proceedings, the applicant has the right to question conflicts of interest of any voting member. The advisory committee Chair shall rule on any potential conflict in appeal matters. 12. Compensation and Travel Reimbursement a. Appointed advisory committee members shall receive no compensation for their services. b. Eligibility for Reimbursement of Travel Expenses The Chair shall, to the extent practical, schedule hearings and meetings to minimize travel and per diem costs. Payment of expenses to Advisory Committee members shall only occur when travel has been approved prior to the time the expenses are incurred. shall reimburse reasonable and necessary travel and incidental business expenses to individuals who perform services as appointed members of Committees, and consultants appointed by the Chair. Only Committee members who attend meetings as part of their Committee duties shall have their expenses reimbursed. Upshaw/UNC-SOG DRAFT Advisory Committee Policy 11 Advisory Committee Policy D-R-A-F-T Advisory committee members shall be reimbursed in accordance with current State rules and regulations. Expense claims shall be submitted as required in travel procedures. Transportation expense claims shall include charges essential for transportation to and from the meeting place. Reimbursement shall be made only for the method of transportation which is in the best interest of the rate. Travel should be via the shortest, usually traveled route. 13. Limitation of powers Compliance with Statutes and Ordinances: 31 Nothing contained in this statement of policy and procedures shall be construed to be in conflict with any state law or County ordinance. Should there be an appearance of conflict, the appropriate state law or county ordinance shall prevail. Neither the committee nor any member thereof, shall: Incur county expense or obligate the county in any manner. Release any written or oral report of any board activity to any individual or body other than to the or the Office of the County Manager. The committee Chairman may issue a press release after consultation with the department head or County Manager. 3. Independently investigate citizen complaints against the department or an employee of the department. 4. Conduct any activity, which might constitute or be construed as an official governmental review of departmental or employee actions. 5. Conduct any activity, which might constitute or be construed as establishment of county or department policy. 6. Violate the confidentiality of any information related to matters involving pending or forthcoming civil or criminal litigation. Matters pertaining to discipline will be the sole responsibility of the and not the advisory committee. The activities of the advisory committee shall, at all times, be conducted in accordance with all federal, state and local laws. Upshaw/UNC-SOG DRAFT Advisory Committee Policy 12