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HomeMy WebLinkAboutAgenda - 11-08-2012 - 5h 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 8, 2012 Action Agenda Item No. 5-h SUBJECT: Specific Policies for Board of County Commissioner Advisory Boards DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Specific Policies For: Orange Unified Transportation Board John Roberts, 245-2318 Agricultural Preservation Board Animal Services Advisory Board Visitors Bureau Planning Board Commission for the Environment Adult Care Home Community Advisory Com m ittee Advisory Board on Aging Affordable Housing Advisory Board Arts Commission Historic Preservation Commission Human Relations Commission Parks and Recreation Council Nursing Home Community Advisory Com m ittee Revised Portion of Orange County Board of Commissioners Advisory Board Policy Resolution Adopting Board Specific Policies and Amending Two Provisions of the Orange County Board of Commissioners Advisory Board Policy PURPOSE: To consider approval the attached resolution approving the board-specific policies for the above-referenced advisory boards and approving two amendments to the Orange County Board of County Commissioners' Advisory Board Policy. BACKGROUND: On February 21, 2012 the Board of Commissioners approved the General Advisory Board Policy and authorized the County Attorney to work with staff of various departments to create specific policy documents that apply to and govern each individual advisory board and bring the policies forward for review. The intent of these policies is to give guidance to department staff and to direct the advisory boards in the performance of their 2 duties, establishing their membership, establishing their charge and goals, and establishing their procedures for debate and discussion. At the October 9, 2012 and October 25, 2012 Board work sessions, the attached policies were reviewed by the Board of Commissioners. The Board of Commissioners recommended changes to several of the policies. The policies have been modified accordingly and are ready for final approval. Also attached is a document showing two amendments to the Orange County Board of Commissioners Advisory Board Policy deleting the Personnel Hearing Board as an advisory board and adding a provision requiring the posting of an annual meeting schedule for each advisory board. FINANCIAL IMPACT: There is no financial impact associated with consideration of the resolution approving the policies. RECOMMENDATION(S): The Manager recommends the Board approve and authorize the Chair to sign the attached resolution approving the specific policies for these advisory boards and approving two amendments to the Orange County Board of County Commissioners' Advisory Board Policy. 3 Orange Unified Transportation (OUT) BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Orange Unified Transportation (OUT) Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity in regards to planning and programming transportation infrastructure improvements and other County transportation planning initiatives, as determined by the Board of Commissioners. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the OUT Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The OUT Board is charged with advising the Board of County Commissioners on the planning and programming of transportation infrastructure improvements and other County transportation planning initiatives, as directed by the Board. 2. From time to time the OUT Board may be directed to provide input on regulations on which the Planning Board has primary statutory and local ordinance advisory duties. In such instances, the OUT Board shall serve in an advisory capacity to the Planning Board. SECTION II: GOALS AND OBJECTIVES A. Goals The Transportation Element of the 2030 Comprehensive Plan includes the County's goals for transportation planning and provides guidance for the OUT Board, Planning Board, Board of County Commissioners, and staff. B. Objectives The OUT Board shall: 4 1. Identify and provide prioritization recommendations on the County's roadway, transit, bicycle, and pedestrian needs. 2. Assist in development and review of updates to the Transportation Element of the Comprehensive Plan. 3. Provide recommendations to the Board regarding Federal and State legislation affecting transportation in Orange County. 4. Provide recommendations on innovative techniques and methods to improve the efficiency and capacity of existing and future transportation systems. 5. Carry out special projects as assigned by the Board of Commissioners. 6. Serve as an advisory body to the Administrative Staff of the Orange Public Transit (OPT) System. The roles of assistance may include but are not limited to being: a. A forum to discuss relevant issues related to public transportation; b. An advocate in promoting new or expanded transit services; c. Sounding board on program operations, goal setting and monitoring; d. As a guardian of passenger rights for the general public and special targeted populations; and e. When directed by the BOCC, recommends NCDOT grants, contracts, and studies that affect the current or future service levels of public transportation in Orange County. 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. B. Composition 1. The OUT Board is composed of fourteen (13) voting members. 2. The OUT Board is composed of zero (0) alternate members. 3. Members shall represent (demographic, geographic, cultural and professional characteristics): a. Seven members, one from each township: • Little River Township • Cedar Grove Township • Cheeks Township • Hillsborough Township • Eno Township • Bingham Township 5 • Chapel Hill Township b. Six at-large members with expertise or specific interests in the following areas: • Bicycle transportation • Pedestrian access and safety • Public Transit • Environmental issues • Economic Development • Planning SECTION IV.MEETINGS A. Staffing 1. Orange County staff may serve a support function to the OUT Board upon the approval of the Orange County Manager. B. Agendas 1. Items for agendas shall be approved by the OUT Board Chair and Orange County staff. C. Date, Time, and Location of Regular Meetings 1. Regular meetings of the OUT Board shall be held as needed to address items that require Board action consistent with its Charge and Duties identified herein. Meetings are held on the third Wednesday of the month. The start time and location of the meeting shall be included on the agenda and shall typically be 7:00 p.m. at the Orange County West Campus Office Building located at 131 West Margaret Lane, Hillsborough. The OUT Board Chair, in consultation with staff, shall have the authority to change the start time and location of a regular meeting to meet any special circumstances, provided the information is included on the distributed agenda. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Planning and Inspections department to familiarize the advisory board members with the operation of County government, the Planning and Inspections department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment. SECTION VI.BY-LAWS 6 A. By-Laws 1. Any Bylaws adopted by the OUT Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the OUT Board determine modifications to policies and procedures are necessary, the OUT Board may petition the Board of County Commissioners for such modifications. 7 AGRICULTURAL PRESERVATION BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Agricultural Preservation Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to recommend programs, studies, Voluntary Agricultural Districts and other emerging issues or topics of interest concerning agriculture and agricultural preservation. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. Chapter 106, Article 61 of the North Carolina General Statutes governing preservation of farmland. 3. Chapter 48 of the Orange County Code of Ordinances ("COO"). 4. The Orange County Advisory Board Policy serves as the underlying policy document to which the Agricultural Preservation Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 5. In the event that there is a conflict between Chapter 48 of the COO, the Orange County Advisory Board Policy, and this Policies and Procedures document this Policies priority shall be as follows; Chapter 48 of the COO, this Policies and Procedures document, the Orange County Advisory Board Policy. C. Charge 1. The charge of the Agricultural Preservation Board is as follows: It is the expressed policy of Orange County and the Agricultural Preservation Board to conserve, protect and encourage the preservation and improvement of agricultural land within the County boundaries as a critical component of the County's cultural and rural character and its economy by virtue of the production of food, fiber and other products. (COO, Chapter 48-3) SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Agricultural Preservation Board shall work to: 8 i. reduce the loss of productive and existing farmland by promoting agricultural values and general welfare of the County, ii. recognize the existence of important farmlands by seeking to minimize risks of nuisance suits that arise from the onset of other land uses, iii. encourage participation in voluntary programs to preserve and protect farmland from non-farm development, and iv. increase identity and awareness of the agricultural community, and its role in the economic and cultural quality of life for all County residents. B. Objectives 1. The Agricultural Preservation Board shall undertake the following objectives toward these goals: i. Develop recommendations for implementation of the Voluntary Agricultural Districts and Enhanced Voluntary Agricultural Districts programs, including making recommendations for approval of farms applying for designation in Agricultural Districts; ii. certify qualifying farmland for such Districts as defined in the Voluntary Farmland Protection Program Ordinance (COO, Section 48-7); iii. review and make recommendations concerning amendments to this ordinance; iv. develop public education programs and materials to promote agriculture and agricultural preservation; review and approve the form of the agreement for Voluntary Agricultural Districts; v. conduct public hearings and hold joint public hearings with the Board of County Commissioners on public projects likely to have an impact on agricultural operations within Orange County; consider appeals to decisions on Voluntary Agricultural Districts (as provided in COO, Chapter 48-8); vi. hold public hearings if action is taken to condemn any certified farms and qualifying farmland (Chapter 48-11); vii. advise the Board of County Commissioners on projects, programs or issues likely to have an impact on the agricultural economy or activities within the County that will affect Agricultural Districts; develop studies, plans and reports as directed by the Board of Commissioners or State of North Carolina; viii. consult with other agencies involved in the preservation or production of agriculture as needed; develop an annual report to the N.C. Commissioner of Agriculture, Board of Commissioners and others on the status of the Voluntary Agricultural District program; 9 ix. perform other related tasks and duties and pursue other research and advise on other topics as directed by the Board of Commissioners; x. provide recommendations and input on the Orange County Agricultural Development and Protection Plan and Lands Legacy Program, as per Chapter 48, section 48.5(e)(9) of the COO. 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. 2. Agricultural Board membership and authority is also granted and addressed by N.C. General Statutes 106-735 through 106-744 and Chapter 153A, and Chapter 48 of the COO. B. Composition 1. See Chapter 48, COO. SECTION IV.MEETINGS A. Staffing 1. Orange County staff from the Department of Environment, Agriculture, Parks and Recreation shall serve as staff support to the Agricultural Preservation Board, contingent upon the approval of the Orange County Manager. B. Agendas 1. Items for agendas shall be approved by the Agricultural Preservation Board Chair and staff. 2. Regular meetings of the Board shall be held on the third Wednesday of each month at a time and location established by the Board. The Board may also choose to meet bi-monthly by cancelling regular meetings in selected months, as part of the annual adoption of the meeting schedule. When the regular meeting day falls on a holiday, the Board may call a special meeting. 3. Special meetings may be called by the Chair or by written request by two members of the Board, submitted to the Board or the Chair. Written or oral notice of ineetings shall be given to all members at least 48 hours prior to the meeting and shall state the time, place and purpose of the meeting. 10 4. Records: the Board shall keep meeting summaries or minutes of the proceedings showing the vote of each member upon each question, or if absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Department of Environment, Agriculture, Parks and Recreation and shall be a public record. 5. Cancellation: The Board may cancel meetings when there is no business for the Board or lack of a quorum is determined, by notice from the Chair or staff provided at least 24 hours prior to the scheduled meeting. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Department of Environment, Agriculture, Parks and Recreation and/or the officers of the Board to familiarize the advisory board members with the operation of County government, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within eight weeks of his or her appointment and participate in at least one site tour or visit (as deemed practical) SECTION VI.BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Agricultural Preservation Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document — as well as the Board rules and procedures found in the COO, Chapter 48. 2. Should the Agricultural Preservation Board determine modifications to policies and procedures are necessary the Board may petition the Board of County Commissioners for such modifications, to be made to this document and the Code of Ordinances, as applicable. Appendix 1 — Text of Chapter 48.6 and Map of VAD Regions 11 ANIMAL SERVICES ADVISORY BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedure whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Animal Services Advisory Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to work with Animal Services staff and serve County Commissioners in an advisory capacity regarding animal services in Orange County. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Animal Services Advisory Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge The charge of the Animal Services Advisory Board is as follows: 1. To advise the Board of County Commissioners on matters of concern regarding animal issues and animals services in Orange County. 2. To work with the Animal Services Director (or designee) on various policy concerns and issues regarding County animal services. 3. To carry out duty to hear Potentially Dangerous Dog Declaration appeals as proscribed by N.C. Gen. Stat. §67-4.1(c). SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Animal Services Advisory Board shall work with the Animal Services Director and designated staff to ensure quality animal services within Orange County. 2. The Animal Services Advisory Board shall work collaboratively with the Animal Services Director and staff. B. Objectives 1. Advise the Board of County Commissioners on animal services as such. 1 12 2. Advise the Board of County Commissioners on the health, safety and quality of life as it relates to animals in Orange County. 3. Conduct fair and impartial hearings of appeals of potentially dangerous dog declaration and any other appeals as may be required by the Animal Services Department. 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. B. Composition 1. The Animal Services Advisory Board is composed of twelve (12) voting members. 2. Members shall represent: a. The Towns of Carrboro (1), Chapel Hill (1) and Hillsborough (1); b. Three (3) at-large representatives, two (2) of which reside in the unincorporated areas of the county; c. Two (2) veterinarians, one of which shall be the veterinarian serving on the Orange County Board of Health; d. Three (3) county residents whose experience demonstrates a commitment to animal welfare and/or advocacy; e. One (1) professional animal handler, trainer or technician with a recognized credential or certification. SECTION IV.MEETINGS A. Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. 2. Regular meetings shall occur the third Wednesday of January and recurring every other month at 6:30 p.m. at the Animal Services Building, Chapel Hill. SECTION V. COMMITTEES 1. Potentially Dangerous Dog Appeal Committee a. Three (3) members of the Animal Services Advisory Board, selected by the Board Chair and approved by the board as a whole, shall form a Potentially Dangerous Dog Appeal 2 13 Committee to satisfy Orange County's obligation under Chapter 67 of the North Carolina General Statute. b. At least one (1) member shall be a veterinarian and one (1) shall be a member whose position is based upon residency. c. The responsibility of this committee is to determine whether or not a potentially dangerous dog declaration is warranted based upon the definition(s) set out by the North Carolina General Statute. d. The Potentially Dangerous Dog Appeal Committee shall be convened as needed by the Animal Services Director. e. In the event that a member is unable to attend within the timeline mandated by the North Carolina General Statute, the Animal Services Director may designate another voting member of the Animal Services Advisory Board to fill his or her place. 2. OtherAppeal Committees a. Committees for other appeals (e.g., adoption denials) may be formed as needed. b. These committees shall have no fewer than three members and the members shall be appointed by the Chair of the Animal Services Advisory Board. c. A chair for such an appeal committee shall be designated by the Chair of the Animal Services Advisory Board. d. The appeal committee chair shall be responsible for coordinating with the Animal Services Director to ensure that any such appeal is conducted in a timely and a judicious manner. SECTION VI. ORIENTATION A. Attendance 1. Within three months of his or her appointment, each member shall attend an orientation presented by the Animal Services Advisory Chair (or another officer) and the Animal Services Director (or designated staff) to familiarize the advisory board members with the operation of County government, the department organization and policies, and the operating procedures of the advisory board. SECTION VII. BY-LAWS A. By-Laws 1. Any bylaws adopted by the Animal Services Advisory Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Animal Services Advisory Board determine modifications to policies and procedures are necessary the Animal Services Advisory 3 14 Board may petition the Board of County Commissioners for such modifications. 0 15 CHAPEL HILL ORANGE COUNTY VISITORS BUREAU BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Chapel Hill/Orange County Visitors Bureau Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to the Orange County Board of Commissioners regarding visitors' services in Orange County. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Chapel Hill/Orange County Visitors Bureau, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Chapel Hill/Orange County Visitors Bureau Board is as follows: To develop and coordinate visitor services in Orange County and to implement marketing programs that will enhance the economic activity and quality of life in the community. The purpose for which the Chapel Hill/Orange County Visitors Bureau was formed: The Chapel Hill/Orange County Visitors Bureau was established in 1982 as a department of county government for the purpose of developing year-round sustainable tourism for the towns that comprise Orange County in a manner favorable to impact its economic well -being. The board's purpose is to serve in an advisory capacity to Orange County Board of Commissioners by adopting an annual marketing plan and program of work for Visitor Bureau staff as necessary to carry out the Visitor Bureau's mission as stated above and below. 16 SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Chapel Hill/Orange County Visitors Bureau shall position Orange County as a desirable meeting and vacation destination to select visitor markets with careful consideration of the needs and assets of the communities that comprise Orange County 2. To work in cooperation with community organizations to achieve an effective, coordinated and comprehensive marketing program with high-quality collateral materials, on-line programs, and visitor services. 3. To serve as a county wide leader in developing strategies for consistently providing quality visitor services to travelers who visit Orange County. 4. To encourage longer stays, increased spending and repeat visits of travelers to Orange County. s. To examine the range of visitor services available, to identify unmet needs and to encourage private businesses to meet those needs, as appropriate. 6. To operate in a manner that contributes to the economic development and quality of life that comprises Orange County. B. Objectives 1. To establish the Bureau as the premier destination marketing organization in the region. By highlighting the Orange County towns of Chapel Hill, Carrboro, Hillsborough and surrounding areas. Improving the promotion of Orange County will inevitably enhance the promotions and quality of tourism opportunities throughout the county. The marketing initiatives will create awareness of the tourism assets of Orange County; increase the level of interest in Chapel Hill/Carrboro/Hillsborough destinations for leisure travel; and increase the level of interest in Orange County as a destination for business meetings and conferences. 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. 17 B. Composition QTY Representation 1 Orange County/Hillsborough Chamber of Commerce 1 Chapel Hill/Carrboro Chamber of Commerce 1 Alliance for Historic Hillsborough 1 UNC — Chapel Hill 2 Orange County Lodging Assoc. (hotel under 100 & over 100 rooms) 1 Town of Chapel Hill Council 1 Town of Hillsborough Board of Commissioners 1 Town of Carrboro Board of Aldermen 1 North Carolina H.S. Athletic Association 1 Economic Development Commission— Orange County 1 Board of County Commissioners 1 Orange County Arts Commission Board Liaison 1 Economic Development Staff— Town of Chapel Hill (ex-officio) 1 Economic Development Staff— Town of Carrboro (ex-officio) 1 Chapel Hill Downtown Partnership Staff (ex-officio) 1 At-large SECTION IV.MEETINGS A. Staffing 1. Orange County staff may, upon the approval of the Orange County Manager, serve support functions as follows: a. Administrative Duties, meeting minutes. 2. Regular meetings shall occur the third Wednesday of every month at 8:00 a.m. at various locations throughout Orange County. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Orange County Staff for familiarize the advisory board members with the operation of County government, the Visitor Bureau's Department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment and participate in at least one meeting with the staff. SECTION VI.BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Chapel Hill/Orange County Visitors Bureau are void and no further bylaws shall be adopted. Procedure shall be 18 governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Chapel Hill/Orange County Visitors Bureau determine modifications to policies and procedures are necessary the Chapel Hill/Orange County Visitors Bureau may petition the Board of County Commissioners for such modifications. 19 PLANNING BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Planning Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to Orange County Board of Commissioners. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Planning Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Planning Board is contained in Section 1.6.3 of the Orange County Unified Development Ordinance. The purpose for which the Planning Board was formed: to serve in an advisory capacity to the Orange County Board of Commissioners in regards to planning, zoning, and subdivision matters, as provided in Section 1.6.3 of the Orange County Unified Development Ordinance. SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Planning Board shall carry out the duties contained in Section 1.6.3 of the Orange County Unified Development Ordinance to the best of its ability. B. Objectives 1. Acting under the directives of the Board of County Commissioners and with County staff, the Planning Board shall pursue the duties contained in Section 1.6.3 of the Orange County Unified Development Ordinance. SECTION III: MEMBERSHIP A. Authority 20 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. B. Composition 1. Planning Board composition is detailed in Section 1.6.1 of the Orange County Unified Development Ordinance. Additional membership requirements are listed in said Section of the UDO. 2. The Planning Board does not have alternate members. C. Chair, Vice Chair, and Secretary 1. The Planning Board shall elect by majority vote a Chair and Vice Chair from among its members at the regular meeting in January of each year. 2. Chair and Vice Chair terms of office shall correspond to the requirements of the Orange County Advisory Board Policy. 3. The Secretary of the Planning Board shall be the Planning Director or his/her designee. 4. The Chair and Secretary shall ensure that each Planning Board member is presented with a copy of the Planning Board's charge, scope of authority, membership responsibilities, and code of conduct when the Planning Board member is appointed to the Planning Board. SECTION IV.MEETINGS A. Staffing 1. The Planning Director shall perform the duties set forth in Section 1.6.4 of the Orange County Unified Development Ordinance. B. Agendas 1. Items for agendas shall be approved by the Planning Board Chair and staff. 2. The designated staff will develop and distribute to each member an agenda listing the matters to be considered at upcoming advisory board meetings. The regular meeting agenda and materials shall be distributed at least seven (7) calendar days before the regular meeting C. Date, Time, and Location of Regular Meetings 1. Regular Meetings of the Planning Board shall be held on the first Wednesday of each month. The start time and location of the meeting shall be included on the agenda and shall typically be 7:00 p.m. at the Orange County West Campus Office Building located at 131 West Margaret Lane, Hillsborough. The Planning Board Chair, in 21 consultation with staff, shall have the authority to change the start time and location of a regular meeting to meet any special circumstances, provided the information is included on the distributed agenda. D. Notice of Meetings 1. Notice of regular Planning Board meetings and agendas shall be made available to all members and interested parties, and to any person who requests such notice, at least seven (7) days in advance of the meeting by e-mail and by posting on the Orange County government website. 2. Notice of public hearings shall conform to the notice requirements of Section 2.3.6 and/or 2.8.7, as applicable, of the Orange County Unified Development Ordinance. 3. Agenda materials for public hearings shall be distributed to Planning Board members and posted on the Orange County government website for interested parties a minimum of ten (10) calendar days prior to the public hearing. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Orange County Staff to familiarize the advisory board members with the operation of County government, the Planning Department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment and participate in at least one meeting with the staff. SECTION VI.BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Planning Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Planning Board determine modifications to policies and procedures are necessary the Planning Board may petition the Board of County Commissioners for such modifications. 22 ORANGE COUNTY COMMISSION FOR THE ENVIRONMENT POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Commission for the Environment. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity on matters affecting the environment, with particular emphasis on environmental protection. B. Authority 1. North Carolina General Stature 153A-76 grants boards of commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Commission for the Environment, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Commission for the Environment is to advise the Orange County Board of Commissioners on matters affecting the environment, with particular emphasis on environmental protection. SECTION II: GOALS AND OBJECTIVES A. The Commission for the Environment shall have the following goals and objectives: 1. To advise the Orange County Board of Commissioners with regard to environmental policy, with particular emphasis on environmental protection. 2. To educate the public and local officials on environmental issues. 3. To perform special studies and projects on environmental questions as requested by the Orange County Board of Commissioners. 1 23 4. To recommend environmental initiatives to the Orange County Board of Commissioners. 5. To study changes in environmental science and environmental regulations in the pursuit of its duties. 6. Provide recommendations and input on the Lands Legacy Program. 7. To perform other duties as requested by the Orange County Board of Commissioners. 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 County Commissioners hereby establishes certain general conditions to which applicants and members of advisory boards should conform. B. Composition 1. The Commission for the Environment is composed of fifteen voting members. 2. The Commission for the Environment has no appointed alternate members. 3. Five members shall have specific expertise in: • Air Quality • Biological Sciences • Engineering, (preferably in a field related to the environment) • Land Resources • Water Resources 4. Ten at-large members with some knowledge of environmental science and/or environmental issues including, but not limited to experts in the following fields: • Education • Energy • Law • Public Health • Public Policy • Solid Waste • Other areas that overlap with the five areas of specific expertise 2 24 5. The Commission for the Environment shall have no appointed ex officio members. C. Officers 1. The elected officers of the Commission for the Environment shall consist of a Chair and a Vice Chair. D. Election Procedures and Terms of Office 1. The Officers shall be elected by the Commission for the Environment from among its members at the regular meeting in November of each year. They shall take office at the following regular meeting. SECTION IV. MEETINGS A. Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. Upon the approval of the Manager, the Department of Environment, Agriculture, Parks and Recreation (DEAPR) shall serve as staff to the Commission for the Environment. DEAPR shall keep all minutes and records of the Commission for the Environment and provide proper and legal notice of regular and special meetings to members of the public. B. Agendas 1. Items for agendas shall be approved by the Commission for the Environment Chair and staff. 2. All business to be considered shall be listed on the agenda. To secure such consideration, a request must be received by the Chair at least seven days before any regular scheduled meeting. No other business may be considered except by majority vote of the Board members present. All special business or items not specifically noted on the regular meeting agenda may be deferred by the Commission for the Environment until the next regular meeting date. 3. The order of business at regular meetings shall be: a. Call to order. b. Consideration of additions or changes to the agenda. c. Call for approval of minutes of previous meeting. d. Consideration of remaining items on the agenda. e. Adjournment. 4. All meetings of the Commission for the Environment shall be open to the general public. 3 25 5. The vote of a majority of those members present shall be sufficient to decide all matters before the Commission for the Environment, provided a quorum is present. During a meeting the members may decide to postpone a final decision to allow a document to be finalized for further consideration and to be voted upon via electronic mail (email), as long as the voting records are documented and included in the minutes of the next regularly scheduled meeting. 6. For procedures not covered by these rules or the Orange County Advisory Board Policy, the Commission for the Environment shall follow the rules contained in Roberts Rules of Order, Revised. C. Date, Time and Location of Regular Meetings 1. Regular meetings of the Commission for the Environment shall be held the second Monday of each month at 7:30 p.m. at the Southern Human Services Center in Chapel Hill or the Environment and Agriculture Center in Hillsborough, or other place within Orange County designated by the Chair. The meetings shall adjourn not later than 9:30 p.m. unless extended for the meeting in session by vote of the members. D. Special Meetings 1. Special meetings may be called by the Chair or by the written request of at least three other members of the Commission for the Environment. The notice of such a meeting shall specify the purposes of the meeting and no other business may be considered except by unanimous consent of the Commission for the Environment members present. E. Meeting Notice 1. Department of Environment, Agriculture, Parks and Recreation ("DEAPR") staff shall give a minimum of five days' notice for both regular and special meetings. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the DEAPR to familiarize the advisory board members with the operation of County government, the DEAPR policies and procedures, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within five weeks of his or her appointment and participate in at least one tour of locations relevant to the business of the Commission for the Environment. SECTION VI. BY-LAWS 4 26 A. By-Laws 1. Any Bylaws adopted by the Commission for the Environment are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy document. 2. Should the Commission for the Environment determine modifications to policies and procedures are necessary the Commission may petition the Board of County Commissioners for such modifications. 5 27 ADULT CARE HOME COMMUNTY ADVISORY COMMITTEE POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Adult Care Home Community Advisory Committee ("Committee"). 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to the Orange County Department on Aging and Department of Social Services to work to maintain the intent of the Adult Care Home Residents' Bill of rights within the licensed adult care homes in Orange County. B. Authority 1. North Carolina General Statute § 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. North Carolina General Statute § 131 D-31(b) grants the authority to the board of county commissioners to establish the Adult Care Home Community Advisory Committee. 3. The Orange County Advisory Board Policy serves as the underlying policy document to which the Adult Care Home Community Advisory Committee, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 4. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of Committee shall carry out the purpose and function of the Adult Care Home Community Advisory Committee as provided in N.C. Gen. Stat. §§131 D-31 and 131 D-32. D. Definitions 1. "Adult care home" is an assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or, for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated, trained staff. Adult care homes that provide care to two to six unrelated residents are commonly called family care homes. Adult care homes and family care homes are subject to licensure by the Division of Health Service Regulation. 2. "Family care home" means an adult care home having two to six residents. The structure of a family care home may be no more than two stories high and none of the aged or physically disabled persons being served there may be housed in the upper story without provision for two direct exterior ground-level accesses to the upper story. 28 SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Committee shall maintain the intent of the Adult Care Home Resident's Bill of Rights within the licensed adult care home in Orange County. 2. The Committee shall promote community involvement and cooperation with adult care homes to ensure quality care for older persons and disabled adults in Orange County. B. Objectives 1. The Committee shall serve as the nucleus for increased community involvement with adult care homes and their residents. 2. The Committee shall promote community education and awareness of the needs of aging and disabled persons who reside in adult care homes, and shall work towards keeping the public informed about aspects of long-term care and the operation of adult care homes in Orange County. 3. The Committee shall develop and recruit volunteer resources to enhance the quality of life for adult care home residents. 4. The Committee shall establish linkages with the adult care home administrators and the department of social services for the purpose of maintaining the intent of the Adult Care Home Residents' Bill of Rights. 5. The Committee shall apprise itself of the general conditions under which the persons are residing in the homes, and shall work for the best interests of the persons in the homes. This may include assisting persons who have grievances with the home and facilitating the resolution of grievances at the local level. The identity of any complainant or resident involved in a complaint shall not be disclosed except as permitted under the Older Americans Act of 1965, as amended, 42 U.S.C. § 3001 et seq. The Committee shall notify the enforcement agency of all verified violations of the Adult Care Home Residents' Bill of Rights. 6. The Committee or subcommittee may communicate through the committee chair with the Department of Health and Human Services, the Orange County Department of Social Services, or any other agency in relation to the interest of any resident. 7. Visitation. i. The Committee shall quarterly visit the adult care homes with 10 or more beds it serves. For each official quarterly visit, a majority of the committee members shall be present. ii. A minimum of three members of the committee shall make at least one visit annually to each other type of adult care home licensed in the county. iii. In addition, each committee may visit the adult care homes it serves whenever it deems it necessary to carry out its duties. iv. In counties with subcommittees, the subcommittee assigned to a home shall perform the duties of the committee under this subsection, and a majority of the subcommittee members must be present for any visit. v. When visits are made to group homes for developmentally disabled adults, rules concerning confidentiality as adopted by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services shall apply. vi. The individual members of the committee shall have the right between 10:00 a.m. and 8:00 p.m. to enter the facility the committee serves in order to carry out the members' responsibilities. Where a subcommittee or subcommittees have been established, this right of access shall be 29 limited to members of the subcommittee which serves that home. A majority of the committee or subcommittee members shall be present to enter the facility at other hours. vii. Before entering any adult care home, the committee or members of the committee shall identify themselves to the person present at the facility who is in charge of the facility at that time. 8. The Committee shall prepare reports as required by the Department of Health and Human Services containing an appraisal of the problems of adult care homes facilities as well as issues affecting long-term care in general. Copies of the report shall be sent to the Board of County Commissioners, Orange County Department of Social Services and the Division of Aging. 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. 2. North Carolina General Statute § 131 D-31(b) provides the establishment, appointment of committees and the number of inembers on a committee. B. Composition 1. The Committee shall be composed of the following: a. If the County has one, two, or three adult care homes with 10 or more beds, the Committee shall have five members; or b. If the County has four or more adult care homes with 10 or more beds, the Committee shall have one additional member for each adult care home with 10 or more beds in excess of three, and may have up to five additional members at the discretion of the Board of County Commissioners, not to exceed a maximum of 25 members. i. If the County has four or more adult care homes with 10 or more beds, the Committee shall establish a subcommittee of no more than five members and no fewer than three members from the committee for each adult care home in the county. ii. Each member must serve on at least one subcommittee. c. If the County has no adult care homes with 10 or more beds, the Committee shall have five members. 2. The Committee must have, regardless of the number of inembers, at least one member involved in the area of inental retardation. 3. Of the total number of inembers, a minority (not less than one-third, but as close to one-third as possible) shall be chosen from among persons nominated by a majority of the chief administrators of adult care homes in the County. If the adult care home administrators fail to make a nomination within 45 days after written notification has been sent to them requesting a nomination, these appointments may be made without nominations. 4. Each member must be a resident of Orange County. 5. No person or immediate family member of a person with a financial interest in a home served by the Committee, or employee or governing board member of a home served by the Committee, or immediate family member of a resident in a home served by the Committee may be a member of that Committee. 30 6. Members of the Committee shall serve without compensation, but may be reimbursed for actual expenses incurred by them in the performance of their duties. 7. The names of the Committee members and the date of expiration of their terms shall be filed with the Division of Aging, Department of Health and Human Services. 8. Ex- Officio Members. Any County Commissioner serving on the Committee shall serve as an ex officio member. Up to one (1) ex officio member may be appointed by the Orange County Board of Commissioners and shall serve one year or until they are reappointed or the appointment of their successors. 9. Officers. The Committee shall elect from its members a chair, to serve a one-year term. C. Terms of Office 1. Each committee member shall serve an initial term of one year. Any person reappointed to a second or subsequent term shall serve a two-or three-year term at the discretion of the County Commissioners to ensure staggered terms of office. D. Vacancy 1. Any vacancy shall be filled by appointment of a person for a one-year term. If this vacancy is in a position filled by an appointee nominated by the chief administrators of adult care homes within the County, then the County Commissioners shall fill the vacancy from persons nominated by a majority of the chief administrators. If the adult care home administrators fail to make a nomination by registered mail within 45 days after written notification has been sent to them requesting a nomination, this appointment may be made without nominations. If the County Commissioners fail to fill a vacancy, the vacancy may be filled by the Assistant Secretary for Aging, Department of Health and Human Services no sooner than 45 days after the Commissioners have been notified of the appointment or vacancy. SECTION IV. MEETINGS A. Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B. Agendas 1. Items for agendas shall be approved by the Committee Chair and staff. C. Reports 1. Any written communication made by a member of adult care home advisory committee within the course and scope of the member's duties, as specified in G.S. 131 D-32, shall be privileged to the extent provided in this subsection. This privilege shall be a defense in a cause of action for libel if the member was acting in good faith and the statements and communications do not amount to intentional wrongdoing. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Department on Aging to familiarize the advisory board members with the operation of County 31 government, the Department on Aging rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within two months of his or her appointment. B. Training. 1. The Division of Aging, Department of Health and Human Services, shall develop training materials, which shall be distributed to each committee member. Each committee member must receive training as specified by the Division of Aging prior to exercising any power under G.S. 131 D-32. SECTION VI. INSURANCE A. Liability 1. To the extent that any adult care home advisory committee or any member is covered by liability insurance, that committee or member shall be deemed to have waived the qualified immunity herein to the extent of indemnification by insurance. SECTION VII. BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Adult Care Home Community Advisory Committee are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Adult Care Home Community Advisory Committee determine modifications to policies and procedures are necessary the Adult Care Home Community Advisory Committee may petition the Board of County Commissioners for such modifications. 3. Should the General Assembly amend sections of the North Carolina General Statutes Chapter 131 D, Article III pertaining to the Adult Care Home Community Advisory Committee such amendments shall be incorporated into these Adult Care Home Community Advisory Committee Policies and Procedures with no additional action of the Board of County Commissioners. 32 ADVISORY BOARD ON AGING POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Advisory Board on Aging. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to the Orange County Department on Aging concerning services and programs for older persons. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Advisory Board on Aging, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Advisory Board on Aging is to advise the Orange County Board of Commissioners and Department on Aging on comprehensive and integrated approaches to the delivery of services to Orange County's seniors. SECTION II: GOALS AND OBJECTIVES A. Goals 1. To provide a comprehensive and integrated approach to the delivery of services to Orange County's seniors in the fields of health, mental health, social services, recreation, employment and other programs under federal, state and local authority. 2. The Advisory Board on Aging shall act as a liaison between older residents of Orange County and the County government. B. Objectives 1. Suggest policy and make recommendations to the Department and the Board of County Commissioners on the special needs of the older persons. 2. Work to stimulate and promote needed services and programs for older persons 3. Assist public and voluntary agencies in providing services to older persons. 4. Review and make recommendations concerning service proposals and funding of services that have impact on older persons. 5. Consult with and assist the Department on Aging Director in the preparation of the Department's budget. 6. Assist the Director of the Department on Aging in planning and developing a unified and coordinated "County Aging Plan". 7. Perform other functions and duties as may from time to time be requested and prescribed by the Board of County commissioners. SECTION III: MEMBERSHIP A. Authority 33 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. B. Composition 1. The Advisory Board on Aging is composed of twelve (12) voting members. 2. Members shall consist of seven members over the age of 60 years, one person who is a resident of the Town of Chapel Hill, one person who is a resident of the Town of Carrboro, one person who is a resident of the Town of Hillsborough, and two persons who are residents of unincorporated areas. SECTION IV. MEETINGS A. Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B. Committees 1. Each member shall participate in at least one committee assignment. C. Agendas 1. Items for agendas shall be approved by the Advisory Board on Aging Board Chair and staff. D. Meeting time and location 1. The second Tuesday of each month at 3:30 p.m. rotating between the Central Orange Senior Center and the Seymour Center. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Department on Aging Director to familiarize the advisory board members with the operation of County government, the Department on Aging rules, and the operating procedures of the advisory board. 2. Each voting member shall complete the orientation within 12 weeks of his or her appointment. SECTION VI. BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Advisory Board on Aging are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Advisory Board on Aging determine modifications to policies and procedures are necessary the Advisory Board may petition the Board of County Commissioners for such modifications. 34 AFFORDABLE HOUSING ADVISORY BOARD POLICIES AND PROCEDURES SECTION I. SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Affordable Housing Advisory Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to investigate, analyze, and prioritize affordable housing needs and strategies by serving as the official advisory body on affordable housing. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Affordable Housing Advisory Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge. The charge of the Affordable Housing Advisory Board is to investigate, analyze, and prioritize affordable housing needs and strategies by serving as the official advisory body on affordable housing. SECTION II. GOALS AND OBJECTIVES A. Goals: 1. Publicize the County's housing objectives; 2. Increase the community's awareness, understanding, commitment to and involvement in a comprehensive program of initiatives to increase the amount of attractive affordable housing; 3. Advocate for changes in public policy that will improve opportunities for those who cannot afford housing costs in Orange County; and 4. Assist in the implementation of the strategies contained in the FY 2001 Commissioners Affordable Housing Task Force Report and any other similar subsequent documents. B. Objectives 1. Prioritize County affordable housing needs; 2. Assess affordable housing project proposals as needed; 3. Monitor the progress of local housing programs; 4. Explore new funding opportunities; 5. Explore alternative housing development strategies and initiatives; and 6. Other housing-related items identified by the Board of Commissioners SECTION III. MEMBERSHIP A. Authority 35 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. B. Composition 1. The Affordable Housing Advisory Board shall be composed of fifteen (15) voting members. SECTION IV. MEETINGS A. Staffing. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B. Agendas. Items for agendas shall be approved by the Affordable Housing Advisory Board Chair, the Affordable Housing Advisory Board Vice-Chair and staff. C. Meeting time and location. Meetings occur the second Tuesday of each month at 6:00 p.m. and rotate between Chapel Hill and Hillsborough. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Housing, Human Rights and Community Development Department to familiarize the advisory board members with the operation of County government, the Housing, Human Rights and Community Development Department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within 12 weeks of his or her appointment and participate in at least one training session. SECTION VI. BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Affordable Housing Advisory Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Affordable Housing Advisory Board determine modifications to policies and procedures are necessary the Affordable Housing Advisory Board may petition the Board of County Commissioners for such modifications. 2 36 ORANGE COUNTY ARTS COMMISSION BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Orange County Arts Commission Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to the Orange County Arts Commission Board. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Orange County Arts Commission Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Orange County Arts Commission Board is as follows: The purpose for which the Orange County Arts Commission Board was formed in 1985 is to serve as the official countywide advisory body on the arts, which will promote, coordinate and strengthen private and public programs to further the cultural development of the County. SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Orange County Arts Commission Board shall: a. Advise the Board of Commissioners on matters involving the arts; b. Upon nomination of the Board of Commissioners and approval of the North Carolina Arts Council the Orange County Arts Commission shall be the Designated County Partner (DCP) of the annual allotment of Grassroots Arts Program funds. As the DCP it shall have the goal of assuring that the County's annual Grassroots funding allotment is broadly and fairly distributed to serve as effectively as possible the arts needs of the citizens of Orange County; c. Encourage and aid the appreciation and awareness of, and participation in, the arts among all citizens of Orange County; d. Encourage cooperation and coordination among individuals, organizations and institutions concerned with the arts in the County of Orange; e. Facilitate the development of self-sustaining arts programs; f. Accept gifts or donations pertaining to cultural or artistic matters that may be used to promote, aid and expand the cultural resources of the County. B. Objectives 1. The Orange County Arts Commission Board shall: a. Initiate, sponsor, conduct or support, alone or in cooperation with other public or private agencies, programs in the arts; 37 b. Serve as a clearinghouse for information about Orange County artists, arts programs, facilities, organizations and institutions and to encourage public awareness, utilization and support of such resources; c. Administer the Grassroots Program and County funds which shall include the responsibility to familiarize those interested in the arts with the guidelines necessary for funding, advertise for applications at the start of each grant cycle, review requests, award grants based on applicant's ability to meet the necessary guidelines and conditions and being able to arrange matching funds, mail award letters and checks, and secure proper documentation of expenditures for inclusion in the County's annual audit. d. Encourage economic development by luring investment from entities which seek to invest in communities dedicated to sponsorship of the arts. 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. B. Composition 1. The Orange County Arts Commission Board is composed of fifteen voting members appointed by the Board of County Commissioners. 2. The Orange County Arts Commission Board has no appointed alternate members. 3. The Orange County Arts Commission has no appointed ex-officio members. 4. No organization which is a potential recipient of County arts funding shall have on the Orange County Arts Commission Board more than two people who serve on its board or staff. No person serving on the Orange County Arts Commission shall vote or discuss an award by the Orange County Arts Commission to an agency which they are a member. C. Organization 1. The Orange County Arts Commission's office and files shall be lodged organizationally within the Orange County Economic Development Department. Staff support shall be provided by the Executive Director of Chapel Hill/Orange County Visitors Bureau or their designee, except as may be otherwise arranged by the County Manager. D. Officers and Duties 1. The Executive Committee (Chair, Vice Chair and Secretary) shall tend to matters affecting the Orange County Arts Commission Board which in the view of a majority of the Executive Committee require action by the Orange County Arts Commission Board between Commission meetings. No decision relating to the receipt or disbursement of Orange County Arts Commission funds shall be made by the Executive Committee. Any action taken and any correspondence initiated by the Executive Committee shall be presented to the full Orange County Arts Commission Board at the Commission's next scheduled meeting. 2. Should the office of Chairperson or Vice Chairperson or Secretary become vacant, the Orange County Arts Commission Board shall elect a successor from its membership at its next regular or special meeting, and such election shall be for the unexpired term of said office. E. Term 1. No board member who has served two consecutive three-year terms may be 38 reappointed until he or she has not served for one year. A vacancy in mid-term shall be filled in the same manner as the original appointment to fill the unexpired term. SECTION IV. MEETINGS A. Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B. Meetings 1. Meetings shall be held the second Monday of each month at either the offices of the Economic Development Commission in Hillsborough or the Southern Human Services Center in Chapel Hill. C. Agendas 1. Items for agendas shall be approved by the Orange County Arts Commission Board Chair and staff. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Orange County Staff to familiarize the advisory board members with the operation of County government, the department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment and participate in at least one meeting with the staff. SECTION VI. BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Orange County Arts Commission Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Orange County Arts Commission Board determine modifications to policies and procedures are necessary the Orange County Arts Commission Board may petition the Board of County Commissioners for such modifications. 39 ORANGE COUNTY HISTORIC PRESERVATION COMMISSION POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Historic Preservation Commission. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity on matters affecting the historic and cultural resources in the county, and other emerging issues or topics of interest concerning historic preservation. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Historic Preservation Commission, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. 4. Additional provisions regarding the makeup and role of the Historic Preservation Commission may be found in the Orange County Code of Ordinances, Chapter 44. Where provisions differ, the Code of Ordinances governs the rules for the Historic Preservation Commission. C. Charge 1. The charge of the Historic Preservation Commission is to advise and assist the Orange County Board of Commissioners in the areas of historic preservation policy and planning, including the designation of historic landmarks and historic districts. SECTION II: GOALS AND OBJECTIVES A. The Historic Preservation Commission shall have the following goals and objectives: 1. Maintain an inventory of properties of historical, prehistorical, architectural, and/or cultural significance. 2. Recommend to the Orange County Board of Commissioners areas to be designated by ordinance as "historic districts" and individual structures, buildings, sites, areas or objects to be designated by ordinance as "landmarks." 3. Recommend to the Orange County Board of Commissioners that designation of any area as a historic district, or part thereof, or designation of any building, structure, site, area or object as a landmark, be revoked or removed for cause. 4. Review and act upon proposals for alterations, demolition or new construction within historic districts, or for the alteration or demolition of designated landmarks. 40 5. Conduct an educational program with respect to historic districts and landmarks within its jurisdiction. 6. Cooperate with State, Federal, and local governments in pursuance of the purposes of the Orange County Code of Ordinances, Chapter 48, and offer or request assistance, aid, guidance or advice concerning matters under its purview or of mutual interest. The Orange County Board of Commissioners, or the Commission when authorized by the Commissioners, may contract with the State or the United States, or any agency of either, or with any other organization provided the terms are not inconsistent with State or Federal law. 7. Enter, solely in the performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. No member, employee or agent of the Commission may enter any private building or structure, however, without the express consent of the owner or occupant thereof. 8. Prepare and recommend updates, as needed, to the Orange County Comprehensive Plan and the Unified Development Ordinance. 9. Recommend to the Orange County Board of Commissioners that it acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within designated historic districts or to any such properties designated as landmarks; to hold, manage, preserve, restore and improve the same; and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally-binding restrictions that will secure appropriate rights of public access and promote the preservation of the property. 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. 2. Historic Preservation Commission membership and authority is also granted and addressed by N.C. General Statutes Chapter 160A, Article 19, Part 3C. B. Composition 1. The Historic Preservation Commission shall be composed of seven (7) members, all of whom will be appointed by the Board of County Commissioners. 2. Members shall reside within the territorial jurisdiction of Orange County, and shall have demonstrated special interest, experience or education in history, architecture, landscape architecture, archaeology or related fields. 3. Members shall serve a term of three years, and appointments shall be made so that one-third of the terms expire in February of each calendar year. 4. Members are eligible for reappointment for a second consecutive three-year term, however, after two consecutive terms a member shall be ineligible for reappointment for one year after the expiration of the previous terms. In determining eligibility of reappointment, appointments made to fill vacancies for unexpired terms shall not be counted as a term. 5. Attendance at the regular meetings of the Commission shall be considered a prerequisite for maintenance of inembership on the Commission. The Orange County Board of Commissioners may declare a vacancy of the Commission because of a member's non-attendance. 41 6. Absence due to sickness, death of an immediate family member or similar reason shall be considered approved absences and shall not affect the member's status. In the event of long illness or other cause for prolonged absence, the member shall be replaced. C. Officers 1. The elected officers of the Historic Preservation Commission shall consist of a Chair and Vice-Chair. Additional officers may be appointed as needed, and the Commission may agree to designate Co-Chairs in lieu of a Chair and Vice-Chair, each retaining the rights to serve in the role of Chair to preside over meetings, such role being with concurrence of the two Co-Chairs. 2. The Chair shall preside over all regular and special meetings of the Board. In the absence or disability of the Chair, the Vice-Chair shall preside and shall exercise all the powers of the Chair. D. Officer Election Procedures and Terms of Office 1. The Officers shall be elected by the Commission from among its members at the regular meeting in February of each year. They shall take office at the following regular meeting. 2. The Chair and Vice Chair shall serve terms of one year and shall be eligible for re-election. They shall be eligible to succeed themselves for not more than three one-year terms. A majority of inembers present shall be necessary to elect officers. 3. A vacancy in the office of Chair shall be filled by the Vice Chair succeeding to the office for the balance of the unexpired term. 4. A vacancy in the office of Vice Chair (including a vacancy due to III.C.2. above) shall be filled by election of a Vice Chair from the Commission for the balance of the unexpired term. SECTION IV. MEETINGS A. Staffing 1. Orange County staff from the Department of Environment, Agriculture, Parks and Recreation shall serve as staff support to the Historic Preservation Commission, contingent upon the approval of the Orange County Manager. B. Agendas 1. Items for agendas shall be approved by the Historic Preservation Commission Chair and staff. 2. Regular meetings of the Board shall be held on the fourth Wednesday of each month at 7:00 pm or some other time established by the Commission. When the regular meeting day falls on a holiday, the Commission may call a special meeting. 3. The order of business at regular meetings shall be as follows: a. Call to Order b. Consideration of additions or changes to the agenda e. Call for approval of minutes of previous meeting f. Reports g. Public Hearings h. Items for Decision i. Discussion Items j. Informational Items k. Adjournment 42 4. Special meetings may be called by the Chair or by written request by two members of the Commission, submitted to the Commission or the Chair. Written or oral notice of ineetings shall be given to all members at least 48 hours prior to the meeting and shall state the time, place and purpose of the meeting. 5. The Commission shall keep meeting summaries or minutes of the proceedings showing the vote of each member upon each question, or if absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Department of Environment, Agriculture, Parks and Recreation and shall be a public record. 6. The Commission may cancel meetings when there is no business for the Commission or lack of a quorum is determined, by notice from the Chair or staff provided at least 24 hours prior to the scheduled meeting. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Department of Environment, Agriculture, Parks and Recreation and/or the officers of the Commission to familiarize the advisory board members with the operation of County government, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within eight weeks of his or her appointment and participate in at least one site tour or visit (as deemed practical) SECTION VI. BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Historic Preservation Commission are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document — as well as the Board rules and procedures found in the Code of Ordinances, Chapter 44. 2. Should the Historic Preservation Commission determine modifications to policies and procedures are necessary the Commission may petition the Board of County Commissioners for such modifications, to be made to this document and the Code of Ordinances, as applicable. Appendix 1 — Orange County Code of Ordinances, Chapter 44-31 through 44-37 43 HUMAN RELATIONS COMMISSION POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Human Relations Commission. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to make recommendations concerning human relations and social justice issues. B. Authority 1. North Carolina General Statute §153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Code of Ordinance Chapter 12 Civil Rights § 12-18(j) grants the Human Relations Commission the authority to review the administrative law judge's recommendation of a Complaint made under this Chapter and make a Final Agency Decision. 3. The Orange County Advisory Board Policy serves as the underlying policy document to which the Human Relations Commission, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Human Relations Commission is as follows: a. study and make recommendations concerning problems in the field of human relationships; b. anticipate and discover practices and customs most likely to create animosity and unrest and to seek solutions to problems as they arise; c. make recommendations designed to promote goodwill and harmony among groups in the County irrespective of their race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status or status with regard to public assistance; d. monitor complaints involving discrimination; e. address and attempt to remedy the violence, tensions, polarization, and other harm created through the practices of discrimination, bias, hatred, and civil inequality; and f. promote harmonious relations within the county through hearings and due process of law. SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Human Relations Commission shall seek to prevent and eliminate bias and discrimination because of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, or status with regard to public assistance. 2. Advise the Orange County Board of Commissioners with respect to matters relating to human relations and/or social justice issues. 3. Cooperate with and seek to advise and coordinate the activities of persons or groups interested in human relations and/or social justice issues. 4. Conduct inquiries and hear appeals as may reasonably appear necessary to find the facts with respect to allegations of discrimination. 44 5. Gather and disseminate information to governmental agencies and to the public regarding human relations and/or social justice issues. B. Objectives 1. The Human Relations Commission shall by means of education, persuasion, conciliation and enforcement and utilize all of the powers at its disposal to achieve its goals. 2. Keep abreast of national, state, and local human rights and social justice issues and advise, make recommendations and/or provide information to the Board of County Commissioners regarding human relations and/or social justice issues. 3. Develop and maintain collaborative relationships/partnerships within the various communities (faith, business, residents, government, for-profit and non-profit sectors, etc.). 4. Received allegations of discriminatory housing and public accommodation practices 5. Host public meetings/events regarding human rights and/or social justice issues. 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. B. Composition 1. The Human Relations Commission is composed of eighteen (18) members. 2. Members shall represent the following geographic area: at least one member from each of the towns of Chapel Hill, Carrboro and Hillsborough. SECTION IV. MEETINGS A. Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B. Agendas 1. Items for agendas shall be approved by the Human Relations Commission Executive Committee members including the Chair Vice-Chair, Immediate Past Chair and staff. C. Subcommittee Meeting 1. Subcommittees may meet on a date and time outside of regular meeting dates. D. Regular meetings 1. Regular meetings shall be held on the second Monday of each month at 6:30 p.m. in the Animal Services Building in Chapel Hill. E. Executive Committee Meetings 1. The Executive Committee may meet by teleconference. F. Closed Session 1. The Commission whether meeting in full or as a subcommittee may meet in closed session for the purpose of preventing the premature disclosure of any scholarship, prize or similar award as provided in N.C. Gen. Stat. §143- 318.11(2). 45 SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation and training on the Orange County Civil Rights Ordinance presented by the Housing, Human Rights and Community Development department to familiarize the Commission members with the operation of County government, the Housing, Human Rights and Community Development organizational chart, the Orange County Civil Rights Ordinance and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within three months weeks of his or her appointment and to attend training on the Civil Rights Ordinance yearly as provided. SECTION VI. BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Human Relations Commission are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Human Relations Commission determine modifications to policies and procedures are necessary the Human Relations Commission may petition the Board of County Commissioners for such modifications. 46 PARKS AND RECREATION COUNCIL POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Parks and Recreation Council. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to 1) consult with and advise the Board of Commissioners and staff in matters affecting recreation and parks policies; 2) recommend recreation programs, advise on parkland acquisition needs and/or the donation or personal or real property, and provide recommendations on the construction, operation and maintenance of parks and recreation centers; and 3) conduct studies and prepare reports as needed on the provision of parks and recreation programs in the county. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Parks and Recreation Council, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document, this Policies and Procedures document shall control. 4. Additional provisions regarding the makeup and role of the Parks and Recreation Council may be found in the Orange County Code of Ordinances, Chapter 26. Where provisions differ, the Code of Ordinances governs the rules for the Parks and Recreation Council. C. Charge 1. The charge of the Parks and Recreation Council is as follows: The Council shall serve as the advisory board for provision of parks facilities and recreation programs. It shall suggest policies, within its powers and responsibilities as stated in Article 26 of the Code of Ordinances. The Council shall consult with and advise the Board of Commissioners and staff in matters affecting recreation policies and programs, advise on the acquisition of parkland and lands for recreation programs, and advise on long-range planning for recreation and parks, including the development of plans, studies and reports. SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Parks and Recreation Council shall work to: i. Establish and ensure the existence of a system of supervised recreation programs for the county; ii. Advise on the provision of parks, playgrounds, recreation centers, water recreational areas or other recreation structures and areas; 47 iii. Advise on the acquisition of lands for parkland and recreation structures, including the offer of grants, gifts and other donation or real of personal property offered to the County for parks and recreation; and iv. Advise in the construction, equipping, operation and maintenance of parks, playgrounds, recreation centers, and other buildings owned by the county for recreational use. B. Objectives The Parks and Recreation Council shall undertake the following objectives toward these goals: 1. Oversee and participate in the creation of plans, reports and studies on parks and recreation matters in the county — including the Parks and Recreation Element of the Orange County Comprehensive Plan; the Comprehensive Master Parks and Recreation Plan; and individual park master plan and concept plan documents and maps. 2. Develop recommendations for implementation of recreation programs, and regularly monitor and receive annual reports on the status of existing recreation programs. 3. Develop recommendations on the provision and operation of parks and trails, and regularly monitor and receive annual reports on the status of existing parks and trails operation and maintenance — as well as plans for operation of planned and programmed future parks and trails. 4. Develop recommendations for the County's Lands Legacy Program and Lands Legacy Action Plans for acquisition priorities for future parks and trails needs. 5. Develop recommendations, as needed, for the potential dedication of land or the payment-in-lieu of dedication for parks through the land subdivision process. 6. Solicit public opinion and feedback on parks facilities and recreation programs through a periodic community needs assessment mechanism. 7. Work with and provide a liaison to the Intergovernmental Parks Work Group, and like advisory boards in the municipalities of the county, as needed. 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. 2. Parks and Recreation Council membership and authority is also granted by N.C. General Statutes Chapter 153A, and Chapter 26 of the Orange County Code of Ordinances. B. Composition 1. See Chapter 26, Orange County Code of Ordinances. SECTION IV. MEETINGS A. Staffing 1. Orange County staff from the Department of Environment, Agriculture, Parks and Recreation shall serve as staff support to the Parks and Recreation Council, contingent upon the approval of the Orange County Manager. 48 B. Agendas 1. Items for agendas shall be approved by the Parks and Recreation Council Chair and staff. 2. Regular meetings of the Council shall be held on the first Wednesday of each month at a time and location established by the Council. The Council may also choose to meet bi-monthly by cancelling regular meetings in selected months, as part of the annual adoption of the meeting schedule. When the regular meeting day falls on a holiday, the Council may call a special meeting. 3. Special meetings may be called by the Chair or by written request by two members of the Council, submitted to the Council or the Chair. Written or oral notice of ineetings shall be given to all members at least 48 hours prior to the meeting and shall state the time, place and purpose of the meeting. 4. Records: The Council shall keep a meeting summary of the proceedings showing the vote of each member upon each question, or if absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Department of Environment, Agriculture, Parks and Recreation and shall be a public record. 5. Cancellation: The Council may cancel meetings when there is no business for the Council, or lack of a quorum is determined, by notice from the Chair or staff provided at least 24 hours prior to the scheduled meeting. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Department of Environment, Agriculture, Parks and Recreation and/or the officers of the Council to familiarize the advisory board members with the operation of County government, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within eight weeks of his or her appointment and participate in at least one site tour or visit (as deemed practical) SECTION VI. BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Parks and Recreation Council are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document — as well as the Council rules and procedures found in the Code of Ordinances, Chapter 26. 2. Should the Parks and Recreation Council determine modifications to policies and procedures are necessary, the Council may petition the Board of County Commissioners for such modifications, to be made to this document and the Code of Ordinances, as applicable. Appendix 1 —Text of Chapter 26 49 NURSING HOME ADVISORY COMMITTEE POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Nursing Home Advisory Committee ("Committee"). B. Authority 1. North Carolina General Statute § 131 E-128(b)(1) provides for the establishment of the Nursing Home Advisory Committee. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Nursing Home Advisory Committee, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of Committee shall be to carry out the purpose of the Nursing Home Advisory Committee, provided in N.C. Gen. Stat. §§131 E-128, serving all the homes in the County and working with each home in the best interest of the persons residing in each home. SECTION II: GOALS AND DUTIES A. Goals 1. The Committee shall maintain the intent of the Nursing Home Resident's Bill of Rights within the nursing homes, including nursing homes operated by hospitals licensed under Chapter 131 E, Article 5 of the North Carolina General Statutes, in Orange County. 2. The Committee shall promote community involvement and cooperation with nursing homes and an integration of these homes into a system of care for older persons in Orange County. B. Duties 1. The Committee shall apprise itself of the general conditions under which the persons are residing in nursing homes within Orange County, and shall work for the best interests of the persons in those homes. This may include assisting persons who have grievances with the nursing home and facilitating the resolution of grievances at the local level. 2. The Committee shall visit quarterly the nursing home it serves. For each official quarterly visit, a majority of the committee members shall be present. In addition, each committee may visit the nursing home it serves whenever it deems it necessary to carry out its duties. If there are four or more nursing homes in the County, a subcommittee may be assigned to a nursing home to perform the duties of the Committee; a majority of the subcommittee members must be present for any visit. 3. Each member of the Committee shall have the right between 10:00 A.M. and 8:00 P.M. to enter into the facility the Committee serves in order to carry out the members' responsibilities. If subcommittees have been established, this right of 50 access shall be limited to homes served by those subcommittees to which the member has been appointed. 4. The Committee or subcommittee may communicate through its chair with the Department of Health and Human Services or any other agency in relation to the interest of any patient. The identity of any complainant or resident involved in a complaint shall not be disclosed except as permitted under the Older Americans Act of 1965, as amended, 42 U.S.C. § 3001 et seq. 5. Each home shall cooperate with the committee as it carries out its duties. 6. Before entering into any nursing home, the Committee, subcommittee, or member shall identify itself to the person present at the facility who is in charge of the facility at that time. SECTION III: MEMBERSHIP A. Authority 1. North Carolina General Statute § 131 E-128(b)(3) grants the Board of County Commissioners the authority to appointment members of the Committee. B. Composition 1. The Committee shall be composed of the following: a. If the County has one, two, or three nursing homes, the Committee shall have five members; or b. If the County has four or more nursing homes, the Committee shall have one additional member for each nursing home in excess of three, and may have up to five additional members at the discretion of the Board of County Commissioners. i. If the County has four or more Nursing homes, the Committee shall establish a subcommittee of no more than five members and no fewer than three members from the Committee for each Nursing home in the county. ii. Each member must serve on at least one subcommittee. 2. Of the total number of inembers, a minority (not less than one-third, but as close to one-third as possible) must be chosen from among persons nominated by a majority of the chief administrators of nursing homes in the County and of the governing bodies of the hospitals licensed under Chapter 131 E, Article 5 of the North Carolina General Statutes, which operate nursing homes. If the nursing home administrators and governing bodies of the hospitals licensed under Chapter 131 E, Article 5 of the North Carolina General Statutes, which operate nursing homes fail to make a nomination within 45 days after written notification has been sent to them by the Board of County Commissioners requesting a nomination, these appointments may be made by the Board of County Commissioners without nominations. 3. Each member must be a resident of Orange County. 4. No person or immediate family member of a person with a financial interest in a home served by the Committee, or employee or governing board member or an immediate family member of an employee or governing board member of a home served by the Committee, or immediate family member of a patient in a home served by the Committee may be a member of the Committee. 5. Members of the Committee shall serve without compensation, but may be reimbursed for actual expenses incurred by them in the performance of their duties. 6. The names of the Committee members and the date of expiration of their terms shall be filed with the Division of Aging at the Department of Health and Human Services. 51 7. Ex- Officio Members. Any County Commissioner serving on the Committee shall serve as an ex officio member. 8. Officers. The Committee shall elect from its members a chair, to serve an one-year term. C. Terms of Office 1. Each committee member shall serve an initial term of one year. Any person reappointed to a second or subsequent term shall serve a three-year term. 2. Persons who were originally nominees of nursing home chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes, or who were appointed by the board of county commissioners when the nursing home administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes failed to make nominations, may not be reappointed without the consent of a majority of the nursing home chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes within the county. 3. If the nursing home chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes fail to approve or reject the reappointment within 45 days of being requested by the board of county commissioners, the commissioners may reappoint the member if they so choose. D. Vacancy 1. Any vacancy shall be filled by appointment of a person for an one-year term. 2. Any person replacing a member nominated by the chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes or a person appointed when the chief administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes failed to make a nomination shall be selected from among persons nominated by the administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes. 3. If the Board of County Commissioners fail to appoint members to a committee, or fail to fill a vacancy, the appointment may be made or vacancy filled by the Secretary of the North Carolina Department of Health and Human Services or the Secretary's designee no sooner than 45 days after the Board of County Commissioners has been notified of the appointment or vacancy if nomination or approval of the nursing home administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes is not required. If nominations or approval of the nursing home administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes is required, the appointment may be made or vacancy filled by the Secretary or the Secretary's designee no sooner than 45 days after the commissioners have received the nomination or approval, or no sooner than 45 days after the 45-day period for action by the nursing home administrators and the governing bodies of the hospitals licensed under Article 5 of G.S. Chapter 131 E, which operate nursing homes. SECTION IV. MEETINGS A. Staffing 1. Orange County staff may serve a support function to advisory boards upon the approval of the Orange County Manager. B. Agendas 52 1. Items for agendas shall be approved by the Committee Chair and staff. C. Meetings 1. The Committee shall meet at 5:30 p.m. the first Monday of every other month at the Seymour Center. D. Reports 1. Any written communication made by a member of Nursing Home Advisory Committee within the course and scope of the member's duties, as specified in G.S. 131 E-128, shall be privileged to the extent provided within that subsection. This privilege shall be a defense in a cause of action for libel if the member was acting in good faith and the statements or communications do not amount to intentional wrongdoing. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Department on Aging to familiarize the advisory board members with the operation of County government, the Department on Aging rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within two months of his or her appointment. B. Training. 1. The Division of Aging, Department of Health and Human Services, shall develop training materials, which shall be distributed to each committee member and nursing home. Each committee member must receive training as specified by the Division of Aging prior to exercising any powers as provided in these Policies and Procedures. The Division of Aging, Department of Health and Human Services shall provide the Committee with information, guidelines, training, and consultation to direct the Committee in the performance of its duties. SECTION VI. INSURANCE A. Liability 1. To the extent that the Nursing Home Advisory Committee or any member thereof is covered by liability insurance, the Committee or member shall be deemed to have waived the qualified immunity herein to the extent of indemnification by insurance. SECTION VII. BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Nursing Home Advisory Committee are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Nursing Home Advisory Committee determine modifications to policies and procedures are necessary the Nursing Home Advisory Committee may petition the Board of County Commissioners for such modifications. 3. Should the General Assembly amend sections of the North Carolina General Statutes Chapter 131 E, Article VI, Part 2 pertaining to the Nursing Home Advisory Committee such amendments shall be incorporated into these Nursing Home Advisory Committee Policies and Procedures with no additional action of the Board of County Commissioners. 53 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ADVISORY BOARD POLICY SECTION I: SCOPE D. Applicability 1. To the extent it does not conflict with the statute or ordinance creating a specific advisory board,where applicable,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. Nursing Home Community Advisory Committee m. Orange County Board of Adjustment n. Orange County Parks and Recreation Council o. Orange County Planning Board p. Orange Unified Transportation Board Iq. Visitor'sBureau � Deleted:<#>PersonnelHearingBoard¶ � SECTION VI. MEETINGS 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. �,_,_,_All applicable notice requirements established by North Carolina law shall be followed. "�., _�"ir�c�i_r_,tc�_,V,�irr,u,s,�ir�a,in c�f` c�c;ll7_,_c,�[c_irre.l,�ir,yc �ir_tll7c__C�c��ire�,_,:,117�[[_a,_�a!_,.c _�_,,_a,_II7,c_e.1us[c_c�(,_,[t":n, _ irrrc_c t�,iri��___tc�_Usc_Jfsc�_tc_e.1_iin__�_irc_�e.1�[�`__�a a c___iUs[c_ [c�a_�t�c�irr __�asa ll7_,a ll7c e.1u,![c _;117�[[_U:sc�. e.1c[�v_c�irce.l_tc�_tll7c_�[cirll< tc�_tll7c_C�c��ire.1,_c�(_�c�irrrirrr,� �c�irrc_ir,,,_fc�ir_�sc�;,t�irr�_tc�_,tll7c__�Di_r�ir9��cM„ �c�usir9t��nrc Us ftc�__ _ _ ,_ _,_ __ _ _ _ 54 RES-2012-096 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION ADOPTING BOARD SPECIFIC POLICIES AND AMENDING TWO PROVISIONS OF THE ORANGE COUNTY BOARD OF COMMISSIONERS ADVISORY BOARD POLICY WHEREAS, on November 10, 2011 the Orange County Board of Commissioners tentatively approved a general advisory board policy document to govern the procedures of its advisory boards; and WHEREAS, the general policy document was needed because of a wide disparity between and among the procedures of the multiple advisory boards reporting to the Board of Commissioners; and WHEREAS, North Carolina General Statute 153A-76 grants to boards of county commissioners the broad authority to organize county government, including the authority to "create, change, abolish, and consolidate offices, positions, departments, boards, commissions, and agencies of the county government, may impose ex officio the duties of more than one office on a single officer, may change the composition and manner of selection of boards, commissions, and agencies, and may generally organize and reorganize the county government...."; and WHEREAS, it is the intent of the Orange County Board of Commissioners that a single general policy document will benefit Orange County by limiting confusion for the citizen and resident volunteers who serve on advisory boards and for county staff members who assist advisory boards in the performance of advisory board functions; and WHEREAS, it is the intent of the Orange County Board of Commissioners that in addition to being governed by the general policy document a specific policy document shall be developed for each advisory board, which specific policy document together with the general policy document shall be the sole controlling documents of the advisory boards. NOW, THEREFORE, BE IT RESOLVED, the Orange County Board of County Commissioners, pursuant to North Carolina General Statute 153A-22, adopts the specific advisory board policies for the Orange Unified Transportation Board, Animal Services Advisory Board, Commission for the Environment, Agricultural Preservation Board, Orange County Planning Board, Chapel Hill Orange County Visitors Bureau, Adult Care Home Community Advisory Committee, Nursing Home Community Advisory Committee, Arts Commission, Parks and Recreation Council, Historic Preservation Commission, Human Relations Commission, Affordable Housing Advisory Board, and the Advisory Board on Aging, and amending two provisions of the Orange County Board of Commissioners Advisory Board Policy to remove the Personnel Hearing Board as an advisory board and to add a requirement that all advisory boards post a schedule of their meetings on or before January 5, annually; and BE IT FURTHER RESOLVED, that to the extent they conflict with these specific policies all prior policies or resolutions governing the above-referenced advisory boards are repealed save and except the Orange County Board of Commissioners Advisory Board Policy, any language or terms in any prior board specific policy or resolution specifically creating a particular advisory board, and any ordinance governing a particular advisory board; and BE IT FURTHER RESOLVED, it is the intent of the Orange County Board of Commissioners that to the extent possible these specific policy documents and the Orange County Board of Commissioners Advisory Board Policy should be the sole governing documents of these advisory boards and in determining whether there is a conflict between or among the terms of the general policy document or a governing ordinance and these specific policies staff may consult with the County attorney, who shall take into consideration the intent of the Board of County Commissioners, in assisting staff to resolve the conflict. Adopted this 8�h day of November, 2012. Attest: Bernadette Pelissier, Chair Orange County Board of Commissioners Clerk to the Board of Commissioners