HomeMy WebLinkAboutMinutes 11-10-2011 APPROVED 12/13/2011
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
DAY WORK SESSION
November 10, 2011
1:30 pm
The Orange County Board of Commissioners met for a Work Session on Thursday, November
10, 2011 at 1;30 p.m. at the Southern Human Services Center, in Chapel Hill, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners
Valerie Foushee, Alice Gordon, Pam Hemminger, Barry Jacobs, Earl McKee, and Steve
Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEY PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna S.
Baker (All other staff members will be identified appropriately below)
Agenda Item 1: County Commissioners: Discussion on Various Board Procedures
Items discussed at the June 16, 2011 BOCC Work Session
Chair Pelissier said that many of these items were discussed at the June 16, 2011
meeting but Commissioner Hemminger and Commissioner Foushee were unable to attend.
She quickly went through the items that the Board had consensus on at that meeting and
asked Commissioner Hemminger and Commissioner Foushee to comment as needed.
1. Process for a Member of the Board of Commissioners to Place an Item on a
Meetin_a Agenda:
The Board approved the process for a member of the Board of Commissioners to place
an item on a Board meeting agenda indicating a petition could be either stated orally or in
written form and there is not a vote but it goes through the process of review by the Chair/Vice
Chair/Manager. Each Board member will then be given three minutes total for petitions. The
Board then directed staff to incorporate the necessary changes into the Board's Rules of
Procedure and the agenda face sheets for regular Board meetings.
Decision Point:
- Does the Board want to continue with the adopted process for Petitions to the
Board by Board Members as stated above or review this process?
The Board agreed by consensus to keep this procedure in place.
2. Joint Meetings with other Parties:
Currently, the Board meets with elected governing boards as well as some internal
boards and commissions on an annual basis. It recently has been suggested to meet with
other entities (such as the Fire Chiefs/Fire Department Board Chairs) to discuss a particular,
time-sensitive issue (Fire/EMS Study) and/or elected officials to discuss an ongoing topic
(Rogers Road Mitigation).
Decision Points:
- Does the Board want to meet on an as-needed basis with these groups when a
particular issue arises since there is no public comment at work sessions?
- Are there criteria to be applied?
Commissioner Foushee made reference to the minutes about meeting with the fire
chiefs. She hopes that this includes this group and Chair Pelissier said yes.
Commissioner Gordon said that the Commissioners intended to meet with towns and
fire chiefs and that they would not necessarily meet with any group that asks. Instead, there
will be some parameters. This statement gives the Board the flexibility to meet with other
entities as needed.
The Board agreed that the Board will meet with elected governing boards, the fire
chiefs, as well as some internal boards and commissions on an annual basis, and other
partner public entities as needed.
3. Limit on Time for Public Comments on Items Not on the Printed Agenda/Items
on the Printed Agenda
The Board has in the past followed an "unwritten rule" of allowing only a one-hour
comment period for all "Items Not on the Printed Agenda," while still allowing unlimited
comment periods for "Items on the Printed Agenda."
Decision Points:
• Does the Board want to formalize the one-hour limit on public comment for "Items not
on the Printed Agenda" as part of their Board Rules and Procedures?
The Board agreed to limit comments on items not on the printed agenda to one
hour.
4. Recognitions
The Board does not currently have a standing policy or process (outside of the petitions
process) for requests from Commissioners as it relates to recognizing an individual, group or
corporate entity's accomplishments at a BOCC Regular meeting.
Decision Points:
- Does the Board want to adopt a formalized policy/process as it relates to
recognition requests?
- If so, what criteria/timeframe would the Board like to see as it relates to these types
of recognitions?
Chair Pelissier said that there was not a consensus on this item from the June 16th
meeting yet.
Commissioner Hemminger asked how it is done now.
Chair Pelissier said that various departments will submit the recognitions and other
times outside entities will ask the Board to recognize a person, event, theme, etc. This could
become a problem if some are recognized and not others.
Commissioner Yuhasz said that he does not want a blanket prohibition on
recognitions, but there needs to be some parameters for the Chair and Vice-Chair to decide
upon.
Chair Pelissier said that Commissioner Hemminger brought up those recognitions that
are County-related to be a priority.
Commissioner Jacobs said that both points are well made and they need to have a
way to differentiate between events such as anniversaries for churches for 100 years old, or
people that have done things in the community. There should be some criteria but not so
exclusive.
Frank Clifton said that sometimes the County may want to recognize homegrown firms
that have made a significant impact on the County. This should be considered.
The Board asked the Clerk to categorize the list of resolutions and proclamations that
were requested by Commissioner Jacobs at the June 16th meeting and send to all Board
members to review. This item will be tabled for now and brought back to a future work
session. Until the work session, the leadership will decide who is to be recognized, as part of
the agenda process.
5. Mandatory Adjournment Time
The Board currently has a 10:30 p.m. adjournment time. The Board discussed
amending its start time to 7:00 p.m. on 2/17/2010 but left the adjournment time at 10:30 p.m.
However, in holding with past precedents, the Chair would call to the Board's attention that it
was adjournment time and would take a Board vote to see if the Board would like to either
adjourn the meeting or continue the meeting.
The Board's Rules of Procedure state in two places:
Rule 11 —Agenda:
If there is no objection, the Chair may call items in any order most convenient for the
dispatch of business. The meeting will end at 10:30 unless there is a unanimous vote of the
Board to continue beyond that time.
Rule 20, Procedural Motions (2):
To Adjourn. The motion may be made at the conclusion of action on a pending matter;
it may not interrupt deliberation of a pending matter.
Comment: this motion differs from the Robert's Rules of Order motion in several
respects. In Robert's Rules of Order, it is not debatable or amendable and can be
made at any time, even interrupting substantive deliberations. In view of the small
number of members and the available procedures to limit debate, this rule allows
debate and amendment of the motion to adjourn but allows the motion to adjourn only
when action on a pending matter is over. The motion to defer consideration or to
postpone to a certain time or day may be used if the Board wants to adjourn before
completing action on a matter.
Decision Points:
- Does the Board want to proceed with a mandatory adjournment time, with the
Chair calling the 10:30pm time and asking the Board to vote on continuance of the
meeting?
- Or would the Board prefer to continue as it has with the meeting continuing
until all agenda items are discussed?
Commissioner Foushee said that it is important to her to have a mandatory
adjournment time. In her experience, she thinks that when they remain in their seats for long
periods of time they begin to have diminishing returns. The County Commissioners should
consider that they want the public to be engaged in their meetings and if an agenda item is on
the end of the agenda the Board is not being considerate to the public. She said that there is
a span of time where the County Commissioners can be engaged and avoid exhaustion by
sitting for long periods.
Chair Pelissier agreed with Commissioner Foushee and said that there are articles
that reinforce this concept.
Commissioner Foushee said that she could compromise and go with a mandatory
adjournment at 11:00 p.m.
Commissioner Gordon said that she supported Commissioner Foushee regarding
making decisions. She said that the start time was moved to 7:00 p.m. to allow more time.
She prefers a 10:30 p.m. adjournment time.
Chair Pelissier said that the Chair and Vice-Chair cannot predict time frames of an
agenda item. It is impossible for them to try and decide this. She suggested reminding
everyone at the beginning of a meeting when there are lengthy items to keep comments
succinct.
Commissioner Hemminger said that she preferred the 10:30 p.m. adjournment time,
but if there is still discussion of an item, then the Board can finish the item and vote to extend if
needed.
Commissioner Yuhasz agreed with this and said that if there is a closed session item,
the mandatory adjournment time might have to be waived.
The Board agreed that the 10:30 p.m. mandatory adjournment time is for the open
session only.
Commissioner Foushee said that it is no different for her in closed session because
the Board is still trying to make decisions late at night. She agreed that comments should be
succinct during the open sessions when there are closed sessions so that the Board is not
making decisions so late at night.
Commissioner Jacobs said that he originally brought this up because he opposed the
by- laws stating that one Commissioner could oppose extending the meeting and the Board
would have to automatically adjourn.
The Board agreed by consensus for a 10:30 p.m, adjournment time with a
majority vote and not just one Commissioner.
Chair Pelissier asked if people wanted to consider Commissioner Jacobs' suggestion
of a dinner meeting before a regular meeting for very important closed session items.
Commissioner Gordon said that she is not in favor of dinner meetings because she
has commitments during the day and therefore has trouble getting here by 7:00 p.m.
Commissioner Jacobs said that he could do it in extraordinary circumstances only.
Chair Pelissier said that they will take this under advisement and would poll the Board
if needed for a dinner meeting, with no policy.
Chair Pelissier summarized the consensus of the Board. At 10:30 p.m., whoever
is Chair will ask for a vote to continue the meeting in open session until after the current
item is finished. The Chair will remind the Board that the adjournment time is coming up.
6. Other Items
- Email
• Appropriate uses under Open Meetings Law
• Transparency and public access
• Copying Clerk on scheduled meetings
This item was discussed at the June 16th meeting and the minutes of that meeting for
this item are included below:
Commissioner Jacobs made reference to the first item - appropriate uses under the Open
Meetings Law and he asked the County Attorney to define for them about email policy issues
and what the limits should be. He would also like there to be transparency and public access
on the internet.
John Roberts said that email conversations are not seen by the courts as improper
closed meetings or a violation of the open meetings law.
Commissioner Yuhasz asked that a memo be sent to all County Commissioners
regarding this.
Frank Clifton said that staff is working on having an electronic file for all County emails
to be deposited.
Commissioner Gordon said that she has sometimes asked the staff questions and has
received extensive answers. At the Commissioners' meetings she has then entered these into
the minutes. She said that maybe there should be a process for this so that the public can
always see these answers to questions.
Commissioner Yuhasz made reference to copying the Clerk on scheduled meetings
with third parties when an invitation goes to one or two board members and all Board of
County Commissioners need to know about this. He said that broad invitations need to be for
all.
Commissioner Jacobs said that it would be nice to have things on the weekly calendar
when a member of the Board is representing the Board at a meeting so that everyone is in the
loop.
Chair Pelissier asked if she should forward all of her emails to the Clerk.
Commissioner Gordon said that this is another thing to refer to staff for a
recommendation. She asked for the Chair and the Clerk to work on this.
Items not discussed at the June 16, 2011 meeting:
1. Consent Agenda
o Items to include or exclude by custom
Commissioner Jacobs said that sometimes it can be anticipated which items can be
included or excluded by custom. There are some more common sense criteria that could be
applied for consent agenda items. If it is known that someone will be interested in an issue,
then it behooves the Chair and Vice-Chair to consider it for the decision agenda.
Commissioner Gordon suggested generating a list of items that would not be on the
consent agenda, such as Planning issues and issues that are controversial.
Commissioner Jacobs suggested having the Clerk see what was pulled in the last two
years from the consent agenda and why to see if there is some kind of consistency with
issues.
Chair Pelissier said that when the Chair and Vice-Chair are looking at the consent
agenda, it is impossible to guess who may want to pull an item off the consent agenda and if
they see a list it will predict the future. She said that the agendas are more efficient because
they put more on the consent agenda to leave time for decision items. She is not interested in
pursuing this.
Commissioner Foushee said that this is not broken, so she does not want to fix it. She
understands why Commissioner Jacobs brought this forward, but she does not want to pursue
it. She does not want to ask the Clerk to do any more work on this.
Commissioner Yuhasz said that the current process has worked fairly well in the past
two years, and if a Commissioner feels that there is an item that they want to pull, then to alert
the Chair or Vice-Chair about it through the questioning process.
The Board agreed by consensus to keep the current process in place.
2. Internal Reports
• Written reports on small-group meetings
• Verbal reports by Commissioners
Commissioner Jacobs said that the Board used to have a process that when Board
members and staff met with other entities that there would be a brief written or email report
summarizing these meetings. He said that he feels in the dark about meetings, especially the
ones that the Chair has such as DOT and TJCOG meetings.
Commissioner Jacobs made reference to verbal reports by Commissioners and said
that if there is a regular meeting that ends early or if there is a work session, the Board
comments should include reports from County Commissioners about meetings that they have
attended, such as advisory boards and intergovernmental meetings. He would like to consider
a better way to communicate.
Commissioner Foushee said that she is not opposed to this.
Commissioner Hemminger said that she liked the format for Board comments and the
Board comment period could be extended to more than three minutes.
Commissioner Jacobs said that there is an ethic on this Board to get over the Board
comments as quickly as possible. Therefore, some members do not report anything.
Commissioner Foushee disagreed and said that what happens is if the County
Commissioners are meeting after an advisory board meeting, this information can be too
technical and Board comments is not the place for this information. She said that if there is
something of interest to share, she will share it.
Commissioner Yuhasz agreed with Commissioner Foushee.
Commissioner Gordon said that this is multi-faceted and the Board comments section
of the agenda is a good place for highlights and staff can give highlights on other entity
meetings. She would like for the Chair to give the County Commissioners a report on
meetings attended by the Chair. For things such as the DOT quarterly meetings, etc., it would
be good to provide reports to the Board.
Chair Pelissier said that the meetings that she and the Vice-Chair attend are DOT,
School Collaboration, etc. These meetings generally have minutes and staff does these.
Since staff writes the minutes, she does not want to take the time to do it. If there is something
crucial, it will be shared at a County Commissioners' meeting. She said that she verbally
shares TJCOG information as needed. She said that it would be a burden to write reports up
for her meetings.
Commissioner Yuhasz said that he recently had a meeting with elected officials about
solid waste and, once reviewed, he will circulate these minutes.
Chair Pelissier suggested giving some flexibility on the Board comments' time limit if
needed if a Board of County Commissioners' member wanted to share important information
with the rest of the Board.
Frank Clifton said that at regular Board meetings, other members may be interested in
an issue, but the public may not. He suggested adding an item to work session agendas for
the Board of County Commissioners to share information with other Board members.
Commissioner Gordon suggested leaving Board comments as is and also having an
option during work sessions to have reports, if needed.
Commissioner Hemminger said that she enjoyed the quick reports from advisory
boards.
The Board agreed by consensus to leave the current process for Board comments as is
(3 min. limit) but if a Commissioner wanted to share time sensitive information and
would like longer than 3 min, then they can ask. Written reports are also welcomed and
if needed, they can add an additional item at some of their work sessions for Board
members to report on items of interest to other Board members.
3. Conduct of Meetings
a. Addressing the public
b. Proper comportment
Commissioner Jacobs asked that the public be referred to as "the public" and not the
audience. He said that describing the public as an audience implies a separation and that
there's a performance going on. He also thinks that people should take off their hats when
addressing the Board of County Commissioners.
Commissioner Hemminger said that it is nice to thank people when they address the
Board.
4. Work Sessions and Regular Meetings
a. Coordination of topics
b. Flexibility in practices
c. Solicitation of topics from Board
Commissioner Hemminger said that she was looking at the calendar and trying to
figure out the philosophy behind why there are certain meetings at certain times. She said that
it would be better to be flexible instead of having requirements to have a budget meeting every
month.
Chair Pelissier said that they are working on this during agenda review. She agreed
that things need to be streamlined.
Commissioner Foushee said that she is not for adding meetings, but she wants to be
careful to meet when they need to and do it in a timely manner. The public also needs to be
aware that there is a meeting and the topics.
Commissioner Jacobs said that they all feel their time is valuable. When there is a
meeting that only lasts 1 '/2 hours, then he feels unproductive. He said that if staff sees a short
agenda, then staff can add items that may be in the pipeline. He wants to get as much done
as he can while he is here.
Commissioner Yuhasz said that one of the things they talked about in agenda review
is to convert some work sessions to regular meetings, but on a shortened basis.
Commissioner Gordon said that she supported flexibility and streamlining but we need
to make sure the public knows what we are doing. She said that work sessions are usually
preliminary meetings and votes are taken at a regular meeting. Sometimes the public does not
know what is going on and when they can speak and when they cannot. If there are going to
be decisions at work sessions, then it should be noticed for the public.
Chair Pelissier said that it would be a public meeting, but the only difference would be
taking a work session and making it a limited regular meeting with a limited number of items. It
would be posted as a decision-making meeting.
Frank Clifton said that it is difficult for staff to move agenda items forward and it takes
time to get items on the agenda.
Commissioner Foushee said that if the County Commissioners are going to change
how they do business, then they need to educate the public on this newfound flexibility.
Chair Pelissier said that if the County Commissioners were to do a limited item regular
meeting, they would not do this on a Tuesday. She asked if the Board wanted to even
consider that, since it would require a lot of public education.
Commissioner Gordon said that there are logistical concerns because of the agenda
review process. She said that she would be hesitant to do this, because there might be an
unprepared agenda item. She does not see this as a broken process.
Commissioner Yuhasz said that he could see the value of having the limited regular
meetings. He suggested that it be regularized so that the public could learn soon enough that
the meetings would occur.
Commissioner McKee said that it is not a big issue to him, and he does not see it as
broken. He does not know how much time this will save.
Commissioner Hemminger said that it would be too confusing and she prefers to keep
it as is.
The Board agreed by consensus to keep the current process in place of having separate
regular meetings and work sessions as they do now.
Board of Commissioners' Rules of Procedures — proposed changes: (some have already
been approved but need to be incorporated into final document)
Page 10 and Page 11: Standard Meeting Time for BOCC meetings: Change: 7:30pm to
7:OOpm
The Board agreed.
Page 11 - IV. Regular and Special Meetings -- Rule 6. Regular and Special Meetings.
(a) Regular Meetings.
The board usually sh-a4 holds a regular meeting on the first and third Tuesdays (as calendar
allows) and third Tuesday of each month in accordance with the "Board Calendar of Meetings"
approved by the board. All meetings shall begin at 7:30 p.m. unless otherwise noted on the
"Calendar of Meetings." The board may change the place or time of any meeting listed on the
approved "Calendar of Meetings" by resolution adepted, by a majority vote and have it posted
and noticed no less than seven days before the change takes effect. Such a resolution shall
be filed with the clerk to the board and posted, on the principal bulletin board of the county,
and at or near the regular meeting place, and copies shall be sent to all persons who have
requested notice of special meetings of the board.
The Board agreed.
Page 14: Rule 8. Broadcasting and Recording Meetings. (a) Except as provided in this
rule, any radio or television station is entitled to hroar•Irnast all or any part of an offinial meeting
of the beard that is required to be open to to pu blin Any persen may photograph film tape_
renord or othepeiise repred one any part of a meeting required to be open
o
television station wishing to hroar•Inast any
portion of an GffiGial meeting of the beard shall se notify the GGunty manager ne later than 24
hours before the meeting. if the number of requests er the quantity and size of the neGessary
equipment 06 SUGh that the meeting Gannet be aGGC)Fnrnc)dated on the designated meeting reern
and no suitable alternative
available,site On the GGunty GffiGe building is either to peel equipment and personnel or to seGUre and pay the GeStS of an altern
meeting site that is mutually agreeable to the beard and the media the GGunty manager may require the news media
DELETE
THIS PORTION
The Board agreed.
Page 15: Process for a Member of the Board of Commissioners to Place an Item on a
Meeting Agenda (adopted March 15, 2011)
The Board approved the process for a member of the Board of Commissioners to place an
item on a Board meeting agenda indicating a petition could be either stated orally or in
written form and there is not a vote but it goes through the process of review by the
Chair/Vice Chair/Manager. Each Board member will then be given three minutes total for
petitions. The Board then directed staff to incorporate the necessary changes into the
Board's Rules of Procedure and the agenda face sheets for regular Board meetings.
Page 15 —Process Regarding the Board Addressing a Request from the Public to Place
an Item on a Regular Board Meeting Agenda (adopted March 15, 2011)
The Board approved adding "Request from the Public to Place an Item on a Regular Board
Meeting Agenda," to the Board agenda procedures to address incorporation of this new
section into the agenda face sheet for regular Board meetings and into the Board's Rules
of Procedure as appropriate.
Page 15: V. Agenda Rule 9. Agenda. (a) .......Copies shall also be available for members
of the public in the clerk's office and at the Orange County and Chapei public libraries. The
agenda is also published on the county's web site, www.co.orange.nc.us.
Agendas are placed at the Orange County library only now ( Chapel Hill Library requested that
we no longer deliver agendas because no one ever asked for them —the preference of patrons
was to look at the agendas on-line)
For all other meetings (special, work sessions, etc.) a copy of the agenda and attachments
shall be available to members of the news media the morning of the moo+ip prior to the
meeting (usually 48-72 hours before the meeting on-line).
(c) The board may, by approval a majority of its of three members, i.e. an affirmative
vote equal to a quorum ( where mentioned, change three (3) to a "majority" to constitute a
quorum of the board.
Chair Pelissier made reference to pages 11-14 and said that they were not
controversial and the Board could move on to the next item.
Commissioner Gordon said that some of these items can be controversial. She made
reference to the section (page 12 of the abstract) which deals with placing copies of the
agenda in libraries. She said that it was particularly important to include copies of public
hearing agendas for the public in the libraries. She wants to make sure that the Chapel Hill
Public Library is not being deleted from the list of places to include these documents. She said
that people have told her that they have read these documents in the library.
Clerk to the Board Donna Baker said that she was asked about this because of the
moving of the library into the mall. She will clarify with the Chapel Hill Library.
Chair Pelissier suggested leaving Chapel Hill Library in the document and if they do
not accept, then they do not accept, but Orange County would like it to be there. That way the
decision is on Chapel Hill.
Donna Baker will clarify placing the Quarterly Public Hearing Agendas versus Regular
Agendas with the Chapel Hill Library.
Commissioner Gordon made reference to page 13 of the abstract and the
Appointments in the Consent Agenda. She said that she thought that the Board decided to
take Appointments out of the Consent Agenda.
Commissioner Gordon said that she is also concerned about Planning items and that
the Board's general policy is not to hold a vote the first time the item is held for Planning items.
Discussion ensued on this issue and the Board agreed to add an exception that
Planning items could be voted upon with unanimous consent of the Board at a public hearing.
Commissioner Gordon made reference to when to add items to the agenda, which is
on page 7. Her thought process is that an item is not added to the agenda unless it is urgent
or time-sensitive.
Commissioner Yuhasz said that he does not understand all of the implications of that,
so he is not in favor of that.
Chair Pelissier said that she agrees in principle, but she would rather leave it as is.
Page 16: Rule 10. Informal Public Comments—change to: Items not on the Printed Agenda: I
hour total.
Page 16: Rule 11. Order of Business.
(a) Regular Meetings. For all regular meetings, items shall be placed on the agenda as
listed below:
Revised Agenda Order
1. Additions or Changes to the Agenda
PUBLIC CHARGE
The Board of Commissioners pledges to the residents of Orange County its respect.
The Board asks its residents to conduct themselves in a respectful, courteous
manner, both with the Board and with fellow citizens. At any time should any
member of the Board or any resident fail to observe this public charge, the Chair will
ask the offending person to leave the meeting until that individual regains personal
control. Should decorum fail to be restored, the Chair will recess the meeting until
such time that a genuine commitment to this public charge is observed. All electronic
devices such as cell phones, pagers, and computers should please be turned off or
set to silent/vibrate.
2. Public Comments
(We would appreciate you signing the pad ahead of time so that you are not overlooked.)
a. Matters not on the Printed Agenda (THREE MINUTE LIMIT PER SPEAKER—Written
comments may be submitted to the Clerk to the Board.)
Petitions/Resolutions/Proclamations and other similar requests submitted by the
public will not be acted upon by the Board of Commissioners at the time presented.
All such requests will be referred for Chair/Vice Chair/Manager review and for
recommendations to the full Board at a later date regarding a) consideration of the
request at a future regular Board meeting; or b) receipt of the request as information
only. Submittal of information to the Board or receipt of information by the Board
does not constitute approval, endorsement, or consent.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda
below.)
3. Petitions by Board Members (Three Minute Limit Per Commissioner)
4. Proclamations/ Resolutions/ Special Presentations
5. Consent Agenda
a. Minutes
6. Items Removed From Consent Agenda
7. Public Hearings
8. Regular Agenda
9. Reports
10. County Manager's Report
11. County Attorney's Report
12. Appointments
13. Board Comments (Three Minute Time Limit Per Commissioner)
14. Information Items
15. Closed Session
16. Adjournment
Commissioner Yuhasz made reference to item 6, Items Removed from Consent
Agenda and said that he thought this was done before the Consent Agenda.
Donna Baker said that this has been discussed, because the Board does remove
them before approving the Consent Agenda, but then it discusses the removed items after the
vote on the Consent Agenda.
Commissioner Yuhasz suggested having item 5 as Removal of Items from Consent
Agenda, 6-a as Approval of the Remaining Consent Agenda, and 6-b as Discussion and
Approval of the Items Removed from the Consent Agenda.
The Board agreed by consensus to this order.
Page 23: "To Call the Previous Question. The motion is not in order until there has been at
least 20 minutes a debate and every member has had one opportunity to speak.
Comment: This motion differs from the motion in Robert's Rules of Order. The Robert's Rules
of Order motion is always in order, is not debatable or amendable, and requires a two-thirds
vote for adoption. Thus, it may be used to compel an immediate vote on a proposal without
any debate on the issue. Such a device may be necessary to preserve efficiency in a large
assembly, but with a small board, a minimum period of debate on every proposal that comes
before the board strikes a better balance between efficiency and effective representation by all
board members. Since every member will have an opportunity to speak, the debate may be
ended by a majority vote.
Page 28: Rule 29. Public Hearings. Public hearings required by law or deemed advisable by
the board shall be "advertised per legal requirements and staff shall organized by a speGia'
order, adepted by a majority vete set forth the subject, date, place, and time of the hearing as
well as any rules regarding the length of time allotted to each speaker and designating
representatives to speak for large groups. At the appointed time, the chair shall call the
hearing to order and preside over it. When the allotted time expires, or earlier, if no one wishes
to speak who has not done so, the presiding officer shall entertain or make a motion to end the
hearing, adjourn the public hearing to another board meeting, or "vote on the item" In the
case of planning items, it is the general policy of the Board not to vote on a planning item at
the initial public hearing, but this can occur by exception with an unanimous vote of the Board.
After the board has taken action on the public hearing, the board shall thereafter resume the
regular order of business.
From April 14, 2009 Work Session Approved Minutes, The Board agreed that there
would not be a separate Board meeting for ceremonial business.
From April 14, 2009 Work Session Approved Minutes: The Board agreed that the Chair
and Vice-Chair would be notified before a joint meeting is cancelled.
Page 14— Intergovernmental Agreements
Donna Baker made reference to page 14 and Intergovernmental Agreements and
asked the Board to decide about this.
Commissioner Yuhasz said that the issue now is that all intergovernmental
agreements have to come back to the Board of County Commissioners for approval. At the
last meeting there were some very small agreements that were not significant to the operation
of the Board that still have to come back and be approved. The suggestion was to look at
some different criteria to determine the important intergovernmental agreements that should
come back to the Board for approval.
Commissioner Foushee suggested tabling this until the staff can bring back proposed
language that amends this.
The Board agreed that its current process needed to change but to table this
item at this time and ask staff to bring back with amended language for further
discussion.
Cancellation of meetings
Donna Baker said that the issue was brought up about when meetings are cancelled
and how this should be done.
Commissioner Jacobs said that the Board should be polled in order to cancel a
meeting rather than leadership making the decisions.
The Board agreed that the Clerk would poll the full Board before a meeting is
canceled.
Commissioner Gordon asked for staff to come back with suggestions on how to better
utilize reuse work sessions.
Agenda Item 2. Creation of a General Policy for Board of County Commissioners'
Advisory Boards
Chair Pelissier said that this was discussed at the retreat that was facilitated by the
School of Government last spring.
John Roberts said that everything in here has been agreed to by the full Board in
principle with some details to be worked out.
The text of John Roberts' recommended draft advisory board policy is inserted in
its entirety in this section of the minutes with the BOCC comments following each
section. John Roberts will bring back a final draft of this policy with the recommended
changes incorporated into document at a future meeting.
DRAFT---ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
ADVISORY BOARD POLICY
The Chair did not go over specific areas UNLESS John Roberts and/or the BOCC had
comments on a particular section—therefore the comments from BOCC and others are
referenced and italicized at the end of each section and the actual text in the original
abstract is left intact and the changes proposed will be incorporated in John Roberts's
final draft to be brought back to the BOCC in early 2012.
FROM JOHN ROBERTS
SECTION I: SCOPE
A. Purpose
1. To establish a policy and procedures whereby the Orange County Board of
Commissioners will make appointments to public advisory boards,
committees, commissions, and councils (hereinafter "advisory boards").
B. Authority
1. North Carolina General Statute 153A-76 grants boards of county
commissioners the authority to establish advisory boards.
2. The Orange County Board of Commissioners may establish rules and
regulations in reference to managing the interest and business of the
County.
3. The Orange County Board of Commissioners has the responsibility to
appoint residents to serve as members of advisory boards established by
the Commissioners.
4. Orange County department directors and staff are responsible for providing
support to the advisory boards.
C. Policy and Periodic Review
1. This Advisory Board Policy establishes some parameters for:
a. Appointments to state-mandated, regional, and/or county-developed
advisory boards.
b. Removals from such advisory boards.
c. Quorum and voting standards.
d. A code of general conduct for advisory board members.
e. Other aspects of advisory board service the Orange County Board of
Commissioners wishes to address.
2. Periodic Review
a. Periodic review of this Advisory Board Policy will be conducted every
five (5) years by the Orange County Board of Commissioners.
b. This Advisory Board Policy may be changed or adjusted as deemed
necessary by the Orange County Board of Commissioners
regardless of whether it is scheduled for a review.
D. Applicability
1. This Advisory Board Policy applies to the following Orange County advisory
boards, policies, commissions, and councils:
a. Adult Care Home Community Advisory Committee
b. Advisory Board on Aging
c. Affordable Housing Advisory Board
d. Agricultural Preservation Board
e. Animal Services Advisory Board
f. Arts Commission
g. Commission for the Environment
h. Economic Development Commission
i. Board of Equalization and Review
J. Historic Preservation Commission
k. Human Relations Commission
I. Intergovernmental Parks Work Group
m. Nursing Home Community Advisory Committee
n. Orange County Board of Adjustment
o. Orange County Parks and Recreation Council
p. Orange County Planning Board
q. Orange Unified Transportation Board
r. Personnel Hearing Board
s. Solid Waste Advisory Board
t. Visitor's Bureau
John Roberts made reference to Section D and said that some of these will need to
come off because they are intergovernmental and some are statutory. Some were created by
ordinance and the ordinance will control these. He said that L and S should be removed—
Intergovernmental Parks Work Group and the Solid Waste Advisory Board.
Commissioner Yuhasz asked how much trouble it would be to rescind the ordinances
that created these advisory boards so as to make the policy consistent. John Roberts said that
it is impossible now because the ordinances will be codified in three weeks. It should not be
much trouble later.
Commissioner Yuhasz asked John Roberts to provide a list of boards created by
ordinance, along with their ordinances.
Chair Pelissier asked if the Board wanted to repeal these and the Board agreed.
Commissioner Gordon said that there are some things that are not on here such as
the ABC Board. John Roberts said that the ABC Board is a statutory board that is its own
entity.
SECTION II: DUTIES
A. Community Contact
1. Advisory boards, through their membership and subcommittees, shall
maintain contact with stakeholder groups. In this manner, the advisory
board is kept apprised of current information related to matters under the
jurisdiction of Orange County.
B. Other Responsibilities
1. Individual advisory boards shall maintain awareness of their goals and
objectives as those goals are related to the Orange County Board of
Commissioners' adopted overall goals and objectives for Orange County.
2. All actions of the advisory board shall be communicated to the Orange
County Board of Commissioners as provided herein.
Chair Pelissier made reference to B-2 and suggested that it should say, "all actions or
recommendations...."
SECTION III: MEMBERSHIP
A. Authority
1. North Carolina General Statute 153A-76 grants boards of county
commissioners the authority to establish advisory boards and to appoint
members to and remove members from those advisory boards. In acting on
this authority the Orange County Board of Commissioners hereby
establishes certain general conditions to which applicants and members of
advisory boards should conform.
a. All members of standing, statutory boards must meet the
qualifications for the specific statutory requirements for an appointed
position.
b. All boards members must be eighteen (18) years of age or older
unless applying for a youth-designated position.
c. All board members shall be (domiciliaries of?) registered to vote in
and a resident of Orange County unless they are under eighteen (18)
years of age and applying for a youth-designated position. The Clerk
shall confirm nominees are (domiciliaries of) registered to vote in and
a resident of Orange County.
d. All board members shall have good reputations for integrity and an
interest in community service.
e. No nominee to a board shall be currently employed by Orange
County government and serve on a board that directly affects their
work.
f. No nominee may currently be a party to or be the actual legal
representative in litigation against Orange County. The Clerk shall
confirm nominees are not involved in such litigation.
g. Each nominee must be prepared and committed to participate in
advisory board work in a manner that enhances relationships
between the county and the community.
h. Advisory board members serve the Commissioners of Orange
County. As such, their role includes their commitment for full
participation in the advisory board's meetings.
i. All board members are representatives of the Orange County Board
of Commissioners and shall conduct themselves, both in their official
actions and personal actions so as to be above reproach in their
conduct and shall not bring disrepute to either the County or the
Commissioners.
j. The Orange County Board of Commissioners may waive any of the
conditions within this section, with the exception of statutorily
imposed conditions.
John Roberts made reference to subsection A-1-c and how to qualify
someone to be a member of the board. He thinks that the Board decided that it be
someone that is registered to vote and a resident of Orange County. He suggested
changing this "registered to vote and a domiciliary of Orange County." He said that
domiciliary has a more lasting effect and is very clearly defined.
Commissioner Yuhasz said that he recalled a discussion about the
possibility of felons that have served their sentences but may not be allowed to
register to vote, but who might serve as advisory board members.
Commissioner Gordon said that it should say, "registered to vote." She
has a strong feeling that the wording should be "registered to vote."
Chair Pelissier said that she would not mind having felons if they have
served their time.
Commissioner Gordon said that if it says domiciliary, there should be a
footnote that says what that means.
Commissioner Foushee said that she also recalls the discussion about
felons. She thinks that in situations where felons have served their time, she thinks
that citizens should be able to participate.
John Roberts said that there is a statement that says that the
Commissioners may waive any one of these requirements under special
circumstances.
Commissioner Yuhasz said that with this kind of restriction, it would
discourage potential applicants.
Commissioner Hemminger suggested changing the "shall"to "should be
registered to vote,"with an asterisk that says, "see exception on page xx,"so that
the person can see if they qualify.
Chair Pelissier suggested "shall be domiciliary"and "should be registered
to vote."
John Roberts said that if there is disagreement on "registered to vote,"
hen he would be ok with taking it out and leaving domiciliary.
Commissioner Yuhasz and Commissioner Jacobs agreed with taking out
"registered to vote."
Chair Pelissier suggested the language, "should be registered to vote, if
eligible."
Commissioner Jacobs said that all of this language would make it seem
that the County does not want certain people serving.
Chair Pelissier asked for a show of hands for those wanting to take out
the wording related to voting. There were 6 in favor and 1 against (Commissioner
Gordon). This was not a formal vote.
The Board agreed with replacing "resident" with "domiciliary."
Commissioner Foushee made reference to page 3-13, item h, and
suggested taking out "serve the Commissioners." This strikes her wrong. She likes
the language in item i that the board members are representatives of the Orange
County Board of Commissioners.
The Board agreed to delete item h on page 3-13.
B. Composition
1. The Orange County Board of Commissioners shall appoint all voting and
nonvoting ex officio members to advisory boards. The voting members shall
reflect the cultural and ethnic diversity of the community.
Commissioner Gordon made reference to item B-1, Composition. She
suggested adding, "geographic and demographic"to "cultural and ethnic diversity."
Commissioner Yuhasz said that it should say, "the Board of
Commissioners shall endeavor to appoint members that shall reflect,"rather than
making an absolute statement. Commissioner Gordon agreed.
C. Selection Criteria
1. Appointed members, except for ex officio members, shall be qualified by the
Clerk to the Board of County Commissioners.
2. Appointed members shall be appointed from nominees recommended by
(BOCC, department head, advisory board, other) whose
properly filed and submitted applications were submitted to the Clerk to the
Board of Orange County.
John Roberts made reference to item C-2 and, "appointed members shall
be appointed from nominees recommended by...." He asked if the Board wanted to
leave the things in parentheses or specify some of those.
Commissioner Gordon said that these things should be deleted and it
should say, "shall be appointed from nominees who's properly filed and submitted
applications,"etc.
Chair Pelissier said that the nominees should still be encouraged.
D. Appointment
1. All members of advisory boards serve at the pleasure of the Orange County
Board of Commissioners.
2. Appointments to advisory boards will be initiated with a public application
process from individuals, advisory boards, or community and professional
organizations.
3. All appointments to advisory boards will be made by the Orange County
Board of Commissioners.
a. The Orange County Board of Commissioners may elect to interview
applicants to certain advisory boards.
b. In the event the Orange County Board of Commissioners conducts
such interviews the advisory board to which the applicant seeks
appointment may identify and suggest interview questions to the
Orange County Board of Commissioners.
4. No person appointed to an Orange County advisory board shall serve on
that board for more than two terms of three years each.
5. The Orange County Board of Commissioners may direct the Clerk to the
Board of County Commissioners to establish an orientation program for
certain advisory or other boards.
6. Extension of a member's term may be approved by the Orange County
Board of Commissioners if it is determined that it is in the best interest of
Orange County to allow an individual to continue to serve.
Commissioner Yuhasz made reference to consistency in language between items d-4
and a-1. One says, "no more than two terms for three years,"and the other says, "two
consecutive terms." He thinks that the right one is "two consecutive terms." He suggested
that this be put in d-4.
Commissioner Yuhasz made reference to people owing taxes to Orange County.
Chair Pelissier asked if the Board wanted to include that people should not have any
taxes owed in arrears to Orange County before being on a board.
The Board agreed.
John Roberts will add this in.
E. Term
1. Each appointed advisory board member shall hold office until the
qualification and appointment of his or her successor or until one year has
elapsed since the expiration of the term for which the member was
appointed, whichever first occurs. No person shall serve as an appointed
member of an advisory board for more than two consecutive terms of three
years.
2. In order to establish staggered terms the original voting members of the
advisory board shall be appointed as follows:
a. One- third for a one year term.
b. One-third for a two year term.
c. One third for a three year term.
d. Thereafter, each newly appointed voting member shall serve for a
three year term.
3. Advisory board members whose terms are due to expire may request they
be appointed to a second term or be asked to accept a second term
appointment to the position.
4. Notwithstanding section III(E)(1) above the membership of any advisory
board member whom the Orange County Board of Commissioners decline to
appoint to a second term shall immediately terminate upon the expiration of
their term.
5. Advisory board members may not serve concurrently on more than two (2)
Orange County advisory boards. This restriction does not impact an
individual's service on boards and commissions that are not Orange County
advisory boards or short term task forces or work groups.
F. Resignation
1. If a member wishes to resign, the member shall submit the resignation in
writing to the Chair of the advisory board on which the member serves and
the Clerk to the Board of Orange County Commissioners, noting the
effective date of the resignation.
2. The advisory board Chair will forward a copy of the resignation to the Clerk
to the Board of Orange County Commissioners.
3. The Orange County Board of Commissioners may recognize the individual's
service via a letter or certificate.
4. An announcement of the open seat will be made at the time the resignation
becomes effective.
G. Vacancies
1. Upon the expiration of the term of service of members or should a vacancy
otherwise occur, the Orange County Board of Commissioners shall have the
responsibility of selecting and appointing new members to the advisory
board.
H. Removal
1. Members of Orange County's advisory boards serve at the pleasure of the
Orange County Board of Commissioners and may be removed for any
reason or no reason with or without cause.
2. Members of Orange County's advisory boards are expected to abide by the
highest ethical and professional standards.
3. In addition to Section III(H)(1) above, the Orange County Board of
Commissioners may remove any member of an advisory board for neglect of
duty, nonparticipation that becomes problematic to the advisory board's
functioning and purpose. Nonparticipation is defined as follows:
a. Missing three (3) consecutive meetings; or
b. Missing twenty-five percent (25%) of meetings within any twelve (12)
month period.
c. For this section III(H)(3) to apply, the missed meetings in question
must be unexcused.
4. The advisory board Chair and/or the applicable department director shall
notify a member if the member is at risk of being removed pursuant to
section III(H)(3).
5. The advisory board Chair and/or the applicable department director shall
notify the Clerk to the Board of Orange County Commissioners if a member
has violated section III(H)(3).
Commissioner Yuhasz made reference to item H under Removal. This is
page 5 of 13, #3. He suggested making the removal automatic if they meet the criteria
with the ability to reappoint if there is adequate reason. He does not want the specific
to control the general.
Commissioner Foushee said that she does not have a problem with
Commissioner Yuhasz's comment, but this is a way of alerting members of the
expectations of being on the boards.
Commissioner Yuhasz said that#4 says that the Chair will advise the
member when there is a possibility. It will not be a surprise. He wants to specify
that the member may be eligible to be reappointed in certain situations.
John Roberts said that changing the word "may"to "shall"would take
care of this.
Chair Pelissier made reference to the statement about "unexcused"
absences from meetings and said that someone could call in stating that they could not
come to a meeting over and over again and it would be excused. She has a problem
with this.
Frank Clifton said that it needs to be the advisory board Chair and not the department
head making this decision. It should be the Chair's responsibility.
The Board agreed to delete reference to staff in this item.
Commissioner Jacobs made reference to two excused absences and said that there
should be an exception if the person has a written note from the doctor or if there is some
other exception. There should be some discretion built in.
Commissioner Jacobs made reference to item H-1, which says, "Members of Orange
County's advisory boards serve at the pleasure of the Orange County Board of
Commissioners and may be removed for any reason or no reason with or without cause." He
suggested taking out, "and may be removed for any reason or no reason with or without
cause."
Commissioner Yuhasz said that this statement makes it more clear to the public.
John Roberts said that some advisory board members think that they have some right
to be there and some right to remain. This is there to put members on notice that there is no
right associated with it.
Commissioner Foushee said that the part that bothers her is that someone could be
removed for"no reason."
Chair Pelissier said that she is hearing that no one wants to have an automatic
removal option if someone has a medical reason and needs to miss more than two meetings.
Frank Clifton said that he understands this, but some boards have difficulty achieving
a quorum and this would put the board at a disadvantage.
Commissioner Gordon suggested that the removal should not be automatic but
brought to the attention of the Board of County Commissioners. Maybe it would be better if it
is brought to the County Commissioners when a member misses more than two. She said
that she thinks that the language in H-1 is the language in the statute. If that is the case, then
it should be here too.
Commissioner Foushee said that she would remove her objection because she has
not heard better language to accomplish what the Board is trying to accomplish.
Commissioner Jacobs said that he will not remove his objection. He thinks that it
opens the County up to accusations. He cannot agree with this.
Commissioner Yuhasz said that if there is an automatic removal, there is room to
reinstate.
Commissioner Hemminger suggested taking out, `or no reason,"from H-1.
The Board agreed.
Chair Pelissier said that for item H-3, the wording will be left as is for the automatic
removal, knowing that if the person is not replaced and there is a medical condition and it
does not affect the quorum, then the person could be reappointed. "May"will be replaced
with "shall."
John Roberts made reference to subsection 3, and said that in front of"non-
participation,"he will have to add, "neglected duty and/or non-participation are defined as
follows."
I. Release from Service
1. When it is deemed necessary by the Orange County Board of
Commissioners to release a member from his or her term of appointment on
an advisory board, the affected individual shall be notified by the Clerk to the
Board of County Commissioners by letter and/or electronic mail.
2. When an advisory board has completed its function, the members shall be
informed of the completion of their service and the termination of the
advisory board by letter and/or electronic mail.
Section 4
SECTION IV. ROLES AND RESPONSIBILITIES
A. Members
1. Members shall attend meetings of the advisory board, serve on
subcommittees, and perform other functions as assigned by the advisory
board chair with the approval of the advisory board.
2. If a member is unable to attend a meeting the member shall contact the
Chair or designated staff as much in advance of the scheduled meeting as
possible.
3. Ex officio members may be appointed by the Orange County Board of
Commissioners for the purpose of meeting subject matter expertise needs.
Ex officio members are nonvoting members of the advisory board.
4. Upon review of the above matters, the Orange County advisory board shall
address recommendations and concerns, if any, to the Orange County
Board of Commissioners in writing.
B. Advisory Board
1. The Orange County Board of Commissioners will consider all advisory board
recommendations and/or concerns.
a. Should any concerns remain unresolved after a response has been
received from the advisory board, the Orange County Board of
Commissioners may request that the matter be referred to the
County Manager.
2. To enhance trust between Orange County Government and the community,
Orange County advisory boards shall:
b. Assist the staff of Orange County in achieving a greater
understanding of the nature and causes of community issues, with
an emphasis on improving relations between the department and the
residents.
c. Recommend methods to encourage and develop the advisory
board's ability to accomplish their work.
d. Work throughout the community to gain relevant information about
advisory board issues and communicate these to the staff of Orange
County and the Orange County Board of Commissioners.
e. Promote public awareness of contemporary issues Orange County
must address to achieve the Orange County Board of
Commissioners' goals and priorities.
J. Chair, Vice Chair, Secretary
1. Selection
a. Election
i. Chair, Vice Chair and Secretary shall be elected by the
advisory board.
H. Chair, Vice Chair and Secretary shall be elected to one-year
terms.
iii. Chair, Vice Chair and Secretary shall serve no more than
three consecutive one-year terms.
iv. Chair, Vice Chair and Secretary shall assume office on the
date of their election. At the first advisory board meeting
upon assuming office the advisory board Chair or department
staff shall present members with a copy of the advisory
board's charge, scope of authority, membership
responsibilities, and code of conduct.
2. Responsibilities
a. The advisory board Chair:
i. Calls all meetings.
H. Serves as the presiding officer and conducts advisory board
meetings.
iii. Is the Authorized spokesperson for the advisory board.
iv. Assists staff in developing the advisory board meeting
agenda.
v. Appoints and dissolves subcommittees, and the Chair and
members thereof, of the body in consultation and with
approval of the advisory board.
vi. Sets goals for the advisory board in consultation with the
Orange County Board of Commissioners.
vii. Carries out advisory board assignments as required by the
Orange County Board of Commissioners.
viii. Reviews all advisory board minutes and proposed
recommendations or assigns another member of the advisory
board to do so.
ix. May excuse members from attending advisory board
meetings up to two (2) times per twelve (12) month period.
b. The advisory board Vice Chair:
i. Serves as the presiding officer and conducts advisory board
meetings in the absence of the Chair.
ii. Has all the responsibilities of the Chair in the Chair's absence.
c. The advisory board Secretary:
i. Takes (or oversees the taking of) minutes for all advisory
board meetings.
ii. Submits minutes to the Chair to be distributed to advisory
board members in advance of meetings.
iii. Submits approved advisory board minutes to the Clerk to the
Orange County Board of Commissioners for retention and
distribution to the Orange County Board of Commissioners.
iv. Assures that other records of the advisory board are kept as
directed by the Chair or the Orange County Board of
Commissioners.
d. Removal:
i. The Chair, Vice Chair and/or Secretary may be replaced at
any time by the Orange County Board of Commissioners.
John Roberts had nothing to bring up in this section.
SECTION V. ORGANIZATION
A. Orientation and Training
1. Orange County will make available for advisory board members and
department staff periodic training on state and/or county goals and priorities
as well as relevant statutes and policies, including open meetings, public
records, conflicts of interest and ethics.
2. Each member shall attend an orientation to familiarize the advisory board
members with the operation of County government, applicable department
rules, and the operating procedures of the advisory board.
a. The Chair and Vice Chair, if newly elected, shall attend an additional
orientation to familiarize themselves with the duties and
responsibilities of the Chair and Vice Chair and the guidelines for
conducting meetings.
3. Each voting member will be encouraged to complete the orientation within
the time frame established by the policy of the specific advisory board to
which they have been appointed.
4. Advisory board members will be issued a manual and should become
familiar with its contents.
B. Operating Expenses
1. Members, when in service on the board, are not employees of Orange
County.
2. Members serve in a voluntary capacity and shall receive monetary
compensation or reimbursement only per standard county policy and with
Orange County Board of Commissioners approval.
3. Members shall receive no financial or employee benefits from the County
unless authorized by another section of this policy and specifically approved
by the Orange County Board of Commissioners.
4. The County will provide office supplies and assume responsibility for other
reasonable expenses necessary for the operation of the board.
C. Confidentiality
1. The Chair shall serve as the spokesperson for the advisory board.
2. Except for the Chair, no member of the advisory board shall make any
written or oral statement of any confidential matter to any individual,
business, or agency. A violation of this section will result in that member's
immediate removal from the advisory board.
3. Members of the advisory board 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 client issues presented before the board. Neither the
advisory board nor any individual member shall disseminate confidential
information received during advisory board meetings.
4. Advisory board members are required to sign confidentiality statements and
will be removed from the advisory board upon violation of the confidentiality
agreement.
D. Confidentiality Agreement
1. The confidentiality agreement referred to herein shall operate to protect
confidential governmental information. (?)
John Roberts made reference to section D on page 9 of the abstract. This was
discussed with the School of Government and there is not currently a confidentiality agreement
that board members have to sign. He is not sure that it is an appropriate thing and he wants to
make sure the Board wants it.
Commissioner Yuhasz said that he is not sure about this.
Frank Clifton said that instead of a confidentiality agreement, it could be an
acknowledgement that issues covered under the statutes with regards to personal privacy or
confidentiality that the board members must comply with state laws regarding information.
The Board agreed to leave it as is.
Commissioner Yuhasz suggested that C-4 say, "advisory boards may be required to
sign confidentiality agreements as necessary."
The Board agreed with this.
SECTION VI. MEETINGS
A. Regular Meetings
1. All meetings are to be open to the public as required by the applicable North
Carolina General Statutes.
2. Unless otherwise specified, public meetings will follow the standard rules of
procedure defined by the Orange County Board of Commissioners.
3. The advisory board members shall determine the date, time, and place for
each meeting, consistent with the guidelines below.
a. Regular advisory board and subcommittee meetings.
i. The advisory board convenes upon call of the Chair and
meets on schedule as established by the specific advisory
board policy.
ii. Subcommittee meeting dates shall be set by the
subcommittee Chairs and shall be scheduled in conjunction
with advisory board meetings.
iii. A schedule of all meeting dates, times, and places shall be
properly posted in accord with North Carolina Law and
delivered to the Clerk to the Board.
B. Special Meetings
1. A majority of advisory board members or the Chair may call special meetings
at any time for any specific business. Special meetings shall be convened
at a location selected by the Chair.
2. All called special meetings shall be noticed in accord with North Carolina
Law and delivered to the Clerk to the Board.
C. Emergency Meetings
1. A majority of advisory board members or the Chair may call a meeting in
emergency circumstances by providing telephone notice to media outlets at
least one hour prior to the meeting.
2. An emergency situation includes a disaster that severely impairs the public's
health or safety. In the event telephone services are not working, notice that
the meetings occurred must be given as soon as possible after the meeting
in accord with North Carolina Law and by delivery to the Clerk to the Board.
D. Notice of Meetings Generally
1. Notice of advisory board meetings, including public hearings and appeals if
applicable, and agendas shall be made available to all members and
interested parties, and to any person who requests such notice, at least ten
(10) days in advance of the meeting by e-mail and by posting on the Orange
County government website.
2. All applicable notice requirements established by North Carolina law shall be
followed.
E. Agendas
1. Board members and/or staff members should submit agenda items to the
Chair and staff at least ten (10) 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 advisory board may accept public comment and discuss the item
so long as no action is taken until a subsequent meeting.
4. With the Chair's agreement, the designated staff will develop and distribute
to each member an agenda listing the matters to be considered at upcoming
advisory board meetings. Also, so far as practicable, copies of all written
reports that are to be presented to the advisory board for members' review
will be included in this package at least ten (10) days before the meeting.
5. All recommendations and reports of the advisory board, approved in the
form of motions, shall be conveyed exclusively to the Orange County Board
of Commissioners for consideration, approval or denial. Outcomes are
reported back to the advisory board.
F. Minutes
1. Minutes shall be taken of all advisory board meetings and submitted to the
Clerk to the Board of Orange County Commissioners for retention and
distribution to the Orange County Board of Commissioners.
Commissioner Gordon made reference to page 9-13, Agendas. In item #1 it says that
members should submit items for the agenda 10 days before the meeting and in item #4 it
says packets will be released 10 days before the meeting.
Commissioner Yuhasz suggested that it say that board members can submit agenda
items to the Chair for consideration so that it is not implied that it is a guarantee that whatever
an advisory board member wants on the agenda will be on there.
It was suggested 15 days for item 1 and 10 days for item 4.
SECTION VII. SUBCOMMITTEES
A. Purpose and Formation
1. Subcommittees may be formed by the advisory board to research and make
special recommendations on special issues or areas in order to carry out the
duties of the advisory board.
2. All subcommittees shall be reviewed by the appointing body on an annual
basis to determine continued need and realignment with the priorities of the
advisory board.
3. Subcommittees are ad hoc and temporary in nature. Approved ad hoc
subcommittees must have documented goals, deliverables, and a timeline.
The subcommittee will cease to meet when these are satisfied.
4. The advisory board Chair may request that the Orange County Board of
Commissioners change the structure and/or operating procedures of the
advisory board if he or she deems it essential for improving the board's
productivity and effectiveness.
5. A subcommittee can be formed with the approval of the advisory board chair
and majority vote of the advisory board.
6. Subcommittees shall operate as directed by the advisory board.
B. Procedure and Membership
1. A member of the subcommittee shall take responsibility for taking minutes of
subcommittee meetings and shall report to the advisory board the
subcommittee's progress toward its stated objectives, including dissenting
viewpoints.
2. Subcommittees shall operate by majority vote.
3. Subcommittees may request a technical representative be approved by the
County Manager.
4. Subcommittees shall operate openly as defined by applicable North Carolina
State law and local ordinances and policies.
5. Membership on subcommittees shall be voluntary unless policy dictates
otherwise.
Commissioner Yuhasz made reference to subcommittees on page 10-13, item 3, and
said that ad hoc committees are not always temporary. He suggested striking the first
sentence and saying, "approved subcommittees must have documented goals...."
Discussion ensued.
Chair Pelissier read the changed language: 'Approved subcommittees must have
documented goals, deliverables, and a timeline. The subcommittee will cease to meet when
these are satisfied."
SECTION VIII. QUORUM AND VOTING
A. Quorum
1. A quorum for a meeting of an advisory board and any subcommittee thereof
shall consist of a majority of the number of appointed members present.
Vacant positions are not counted when determining if a quorum is present.
2. Members who teleconference into the meeting (may/may not) be counted
present for purposes of a quorum. (Related to B(9) )
B. Voting
1. Unless otherwise required by law, all decisions shall be reached by a simple
majority vote.
2. All voting will be conducted in open meetings, except when in closed
session where such closed session is permitted by North Carolina law.
3. No issues can be voted upon unless a quorum is present.
4. Only appointed members can vote at advisory board meetings.
5. Appointed members shall not delegate their vote to another member.
6. The Chair of the advisory board may participate and vote on all issues.
7. Voting by proxy is not authorized and shall not be allowed.
8. If a member fails to vote by abstaining the abstaining member is treated as
having voted with the majority. If there is a tie vote with one or more
members abstaining, the overall vote is a tie and the abstaining member or
members' vote(s) are not counted.
9. Members of advisory boards must be physically present to vote. (related to
A(2) )
10. Individuals appointed as ex officio members of the advisory board are not
authorized to vote on any issue before the advisory board.
John Roberts said that item A-2 allows people to teleconference in to discuss issues,
but not to vote.
SECTION IX. ETHICS
A. Conflict of Interest
1. During advisory board meetings, a member shall immediately disclose any
potential conflict of interest and request to be excused from voting when he
or she has a conflict of interest as defined herein.
2. During appeal proceedings, the applicant has the right to question the
interest of any voting member. The advisory board chair should consult with
the County Attorney or staff attorney on any potential conflict of interest in
appeal matters.
B. Gifts
1. An advisory board member shall not directly or indirectly ask, accept,
demand, exact, solicit, seek, assign, receive, or agree to receive any gift or
honorarium for the advisory board member, or for another person, in return
for being influenced in the discharge of the advisory board member's official
responsibilities.
2. This section shall not apply to gifts or awards authorized by Orange County
Policies, Resolutions, or Ordinances.
C. Code of Ethics
1. Advisory board members should act with integrity and with independence
from improper influence as they exercise the functions of their offices.
Characteristics and behaviors that are consistent with this standard are:
a. Adhering firmly to a code of sound values.
b. Behaving consistently and with respect towards everyone with whom
they interact.
c. Exhibiting trustworthiness.
d. Living as if they are on duty as appointed officials regardless of
where they are or what they are doing.
e. Using their best independent judgment to pursue the common good
as they see it, presenting their opinions to all in a reasonable,
forthright, consistent manner.
f. Remaining incorruptible, self-governing, and not subject to improper
influence, while at the same time being able to consider the opinions
and ideas of others.
g. Disclosing contacts and information about issues that they receive
outside of public meetings, and refraining from seeking or receiving
information about quasi-judicial matters outside of the quasi-judicial
proceedings themselves.
h. Treating other advisory boards and advisory board members and the
public with respect, and honoring the opinions of others even when
they disagree.
i. Being careful not to reach conclusions on issues until all sides have
been heard.
j. Showing respect for their appointed office and not behaving in ways
that reflect badly on the office, the advisory board, Orange County,
or the Orange County Board of Commissioners.
k. Recognizing that they are part of a larger group and acting
accordingly.
I. Recognizing that individual board members are not generally allowed
to act on behalf of the board, but may only do so if the board
specifically so authorizes, and that the board must take official action
as a body.
m. Being faithful in the performance of the duties of their offices.
n. Acting as especially responsible residents whom others can trust and
respect.
o. Faithfully attending and preparing for meetings.
p. Carefully analyzing all credible information that is properly submitted
to them, and when applicable, being mindful of the need not to
engage in communications outside the meeting in quasi-judicial
matters.
q. Being willing to bear their fair share of the board's workload.
r. To the extent appropriate, they should be willing to put the board's
interests ahead of their own.
2. Members of the Planning Board, Board of Adjustment and Board of
Equalization and Review should upon initial appointment, and annually
thereafter, disclose:
a. Any interest he or she or his or her spouse or domestic partner has in
real property situated in whole or in part in Orange County and the
general description of that property.
b. Any legal, equitable, beneficial or contractual interest he or she or his
or her spouse or domestic partner has in any business, firm or
corporation, which is currently doing business with Orange County
pursuant to contracts awarded by Orange County, or which is
attempting, or has attempted in the past calendar year, to secure the
award of a bid from Orange County or the approval of any Board or
Agency of Orange County.
Commissioner Gordon asked where the conflict of interest is defined for advisory
board members and John Roberts said it is in the disclosure subsection C-2.
Commissioner Gordon asked about the conflict of interest for other boards besides
Planning Board, Board of Adjustment, and Board of Equalization and Review.
John Roberts said that there are a lot of boards and he could not define a conflict of
interest for each one. It would be something for the board to decide.
Commissioner Yuhasz said that if that is the case, then they should strike, "as defined
here."
Chair Pelissier asked John Roberts to add in that if there is a conflict of interest that a
member would be excused from voting.
John Roberts said that he would add the Economic Development Commission to this
list. Also, in subsection 2, in the second line, rather than "should'; for those four boards he
would make it, "shall file the disclosure statement." He would also add a subsection C. "failure
to file shall result in removal."
The Board agreed.
SECTION X. COMPENSATION AND TRAVEL REIMBURSEMENT
A. Compensation
1. As a general rule advisory board service is voluntary and appointed
members shall receive no form of compensation for their services.
2. However, should the Orange County Board of Commissioners determine, in
its sole discretion, that an advisory board's members should be
compensated, such compensation shall be addressed in that advisory
board's specific policy and rules of procedure as adopted by the
Commissioners.
B. Travel Expense Reimbursement
1. The Chair shall, to the extent practicable, schedule all hearings and advisory
board meetings to minimize travel and per diem costs.
2. Payment of expenses to advisory board members shall occur only when
travel has been approved by the County Manager prior to the time the
expenses are incurred.
3. Orange County shall reimburse reasonable and necessary travel and
incidental business expenses from pre-approved travel to advisory board
members
4. Advisory board members shall be reimbursed in accordance with current
local and/or state rules and regulations. Expense claims shall be submitted
as required pursuant to the Orange County travel policy.
5. Transportation expense claims shall include charges essential for
transportation to and from the meeting place. Reimbursement shall be
made only for the local government's standard mileage allowance. Travel
should be via the shortest, most commonly traveled route.
6. Travel expense does not include hotel/motel expenses.
SECTION XI. LIMITATION OF POWER AND AUTHORITY
A. Nothing contained in this Advisory Board Policy shall be construed to conflict with
any North Carolina law or Orange County ordinance. Should there be an
appearance of conflict, the appropriate North Carolina law or Orange County
ordinance shall prevail.
B. The activities of the advisory board shall, at all times, be conducted in accord with
applicable Federal law, North Carolina law, and Orange County ordinances.
C. Advisory Boards and any members thereof shall not (and shall not have the express
or implied authority to):
1. Incur expense or obligate Orange County in any manner.
a. Any expense incurred must have been pre-approved either through
the department director overseeing the advisory board's budget, the
Orange County Board of Commissioners, or the County Manager.
b. It is specifically acknowledged that no member of an advisory board
has the authority, express or implied, to, contractually or otherwise,
bind Orange County.
2. Identify or release any draft document that has not been approved for
release by the Orange County Board of Commissioners or County Manager.
3. Take positions, in their capacity as an advisory board member, on any
political issue or support or oppose any candidate for public office.
4. Independently investigate resident complaints against Orange County, any
department or any employee of a department.
5. Conduct any activity that might constitute or be construed as an official
governmental review of departmental or employee actions.
6. Conduct any activity that might constitute or be construed as establishment
of Orange County or departmental policy.
7. Violate the confidentiality of any information related to matters involving
pending or forthcoming civil or criminal litigation.
8. Engage in any act to impose or attempt to impose discipline on any advisory
board member, department, or employee.
John Roberts made reference to Limitations of Power and Authorities and said that a
couple of department directors called to his attention that for their purposes this policy is not as
explicit as they would like it to state that advisory boards do not get involved in personnel
matters. He would add subsection C-9, "shall not attempt to interfere or involve themselves in
personnel issues of any nature."
John Roberts said that he would be bringing this back in late January.
A motion was made by Commissioner Hemminger, seconded by Commissioner
McKee to adjourn the meeting at 4:52 PM.
VOTE: UNANIMOUS
Bernadette Pelissier, Chair
Donna S. Baker, CMC
Clerk to the Board