HomeMy WebLinkAboutAgenda - 12-11-2012-11b 1
ORANGE COUNTY BOARD OF
COMMISSIONERS
AC110N AGENDA ITEM ABSTRACT
Meeting Date: December 11, 2012
Action Agenda
Item No. 11-b
SUBJECT: Triangle Transit Special Tax Board -Appointments
DEPARTMENT: Board of Commissioners PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): Under Separate Cover INFORMATION CONTACT:
Membership Roster Clerk's Office, 245-2130
Enabling Legislation (NC General Statutes)
Article V — Triangle Transit By-laws
PURPOSE: To consider making appointments to the Triangle Transit Special Tax Board
BACKGROUND: The Triangle Transit Special Tax Board (composed of Durham, Wake, and
Orange County) is required by legislation to meet in advance of levying the $3 increase to the
annual license tax in Durham and Orange Counties. The special tax board of an authority shall
be composed of two representatives from each of the counties organizing the authority. FYI:
According to Clerk to the Board of Trustees of Triangle Transit, this special board has not met
in the last 10 years.
• Appointment to a full term for an Orange County Commissionerending 12-31-2013.
• Appointment to a full term for an Orange County Commissionerending 12-31-2013
POSITION NUNIBER SPECIAL REPRESENTATION EXPIRATION DATE
1 Board of Commissioners 12-31-2013
2 Board of Commissioners 12-31-2013
FINANCIAL IMPACT: None.
RECOMMENDATION(S): The Board will consider making appointments to the Triangle Transit
Special Tax Board..
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Board and Commission Members
And Vacant Positions
Triangle Transit Special Tax Board
Meeting Times: TBA As needed Terms: Contact Person: Michelle C.Dawson
Meeting Place: TBA Positions: 2 Length: Contact Phone: 919-485-7438
Description: The special tax board of an authoriry shall be coinposed of two representatives fioin each of the counties organizing the authoriry appointed annually by the board of
coininissioners of each of those counties'ineinbers at the fust regular ineeting thereof in January,except that the initial ineinbers shall serve a tenn beginning on the date that
the initial tenns of the board of hustees of that authoriry begin under G.S. 160A-605(b),and ending on the last day of Deceinber of that year. Each ineinber of the speical tax
board inust be a ineinber of the board of coininissioners of the counry by which he was appointed.
`IACAN'j' Day Phone: Sex: First Appointed:
Evening Phone: Race: Current Appointment
FAX: Township: Expiration:
E-mail: Resid/Spec Req: Counry Coininissione Number of Terms:
Special Repr:
`IACAN'j' Day Phone: Sex: First Appointed:
1 Evening Phone: Race: Current Appointment
FAX: Township: Expiration:
E-mail: Resid/Spec Req: Counry Coininissione Number of Terms:
Special Repr:
Friday,Noveinber 30,2012 Page 1
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From ou�-enablirtg legislatior� (NC General Statutes):
§ �60A-607.1.Special tax board. �
(a)�he s�ecial #ax board of an aut�ority shafl f�e com�osed of two representatives from eaeh of the counties organizing II�
the authori�y appoirtted annually f�y the board af cotr�missioners of each of those counties' members at the first regular
meeting there€�f in January, exeept '�ha� t�e initial mernbers shaEl serve a ter�n beginning on the date that the initial
terms of the board of trustees of�hat authority begin under G.S. �.60A-605{b), and end'[ng on the last day of December
of�hat year. Each rr�ember af the special tax board rr�ust be a member of the f�oard of cor�missioners of the county by �
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whic� he was appointed. Mem6ership on the special tax board rnay be held in addi�ion to the affices authorized by G.S. �
128-1 or G.S. 128-�.1. Said representa�ives shall hold office from their appaintment until their successars are appointed
a�d quafified, except that when any mernber of the special�ax board ceases for any reasc�n to he a member of the board
of eomrnissioners of the county by whfch he was appoin�ed, he shall simultaneausly cease to be a mernber of said
special tax board. Upon the occurrence of any vacarscy an said special tax board, the vacancy shalf be filEecf within 30 �
days after notice thereof by the board of comm�ssioners of the county having a vaeanty in its representation. Each t
mem�er of the specia[ tax board, before entering �pon his d�ties, shall ta[<e anci subscribe an oath or affirmatibrt to
support the Corostit�tion and laws of the United 5tates and_ of this S�ate and to discharge faithfully the duties of his
affice; anci a record of each such oath shall be fi[ec{ ir� the minutes of the res�ec#ive participating units of�[oca!
go�ernment.
(b) The special tax board shal� meet regu(arfy at such plaees and on such dat�s as are determined by the special tax
�oard. �he initial meeting shall be caf�ed jointly by the chairmen of the �oards of commissioners of the eounties
organizing the authority. Speeial meetings rnay be ca9led by the chairman of the speciai tax board on his own ini�iative �
and shal! be called by hir� upon request af two or more mem6ers o�the baard. A[I members shalf be notified in writing
at least 24 hours in ad�ance of such,meeting. A majority of the members di the special tax �oard shall constit�ate a
quorurr�. €Uo �acancy in the rrjembership �f ttte special tax boarel shail impair the right of a quorum to exercise alI the
rights and per�orm all the duties of the speciaf tax bpard. IVo action, ather than an action to recess or adjourn, sf�all be
taf<en except u�on a rnajority vo�e of the entire authorized membership of said special tax baard. Eac� member, �
including the chairrnar�,shafl be enti�ied to vate on any question.
(c} The special tax board sha]! elect annually in January from among its members a chairrr�an, vice-ct�airman, secretary
and �reasurer, except that initial officers sha!] �e elected at the firs# meeting of the special tax board.
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From Triangle Transit By-laws:
ARTICLE V
5pecia!Tax Board
Sec�ion 1. Genera! Powers, The Special 7'ax Board shall ha�e the pawers and autharity gran�ed by the General
Assemb[y(NC G5 �.60A-607.1) or delegated ta the Speciai Tax BQarc� by the Board of 7rustees.
Section 2. Nurr�ber Ten€�re and ualifications. The Special Tax Board shall be eomposed of six {6) merri6ars,
whose quaEifECations, appoint�nents and terms of office sha!! k�e as provided in NC GS�6QA-6�7.�.as arnended from time to !
time.
Sectior�3. Meetin�s. The Special 7ax Board shall rneet regularly, anc[ not]ess thar� annual{y, at such places and on I
such dates as are determir�ed by�h�Special Tax Board. Notice o#such meetings shal! be gi�en in accordanee with Sec�ion
5 of Article V.
Section 4. S ecial Meetin 's. Special meetings of the S�ecial Tax Board tnay E�e called by ti�e Chair of t�e Speciaf �
Tax Board on his/her own initiative, and shai! be called by him/her upon request of two or r��re members of the
baard. Such request shall state the p€�rpose of the praposed special meeting. The persan or persons authorized ta call
special meetings af the Special Tax Board may fix any time and �lace as the�irrte and place for holding any special rneeting
of the Specia] 7ax 8oard called hy them, and such time and place shall be stated in the notice of the special rneeting
required by Section 5 of t�is Ar�ide V, pro�ided �hat th� place si�all be within the territflrial jurisdiction of the Authority
unless a cEifferent place for a special rr�eeting has been approved by the Special Tax Board. The Clerl<to the Board shall be �
informed of the caf! of suc� speciaf ineetings sufficiently in ad�ance to enable him/her to give �he notice required by
Section 5 of this ArticEe V.
Section 5. Notice. Written notice of any Special Tax Boarci meeting shall be given by the Clerk to the E3oard ta a11 ;
Special Tax Baard mernbers at feast fi�e working days prior to the scheduled date of the meeting and to any fn�erest or i
affected party in accordance with Narth Carolina Open Meetings laws. The notice may be defivered personally, mailed to �
each 5p�ciai Tax Board member at �is/her fast I<nown 6usiness address, delivered by telegrarn, or deliWered via facsimile
machine. If mai�ecf, such natice sF�all �e deemed to ha�e been deliverec� when depasited in the United States Mail,
properly addressed, with sufficient firs� class postage ti�ereon prepaid. If natice is given by�e�egram, such notice sha€1 be �
deemed to ha�e been delivered when the telegraph is deli�ered �to the telegraph campany and th� proper deliv�ry fe� is
paid. If telecopied, such notice shall be deemed to have been delivered when sent �ia facsirr�ife machine, �o the proper
name and facsirr�ile numk�er. Notice of any 5pecia! T'ax 6oard meeting may be waived by instrumen� in writing exeeuted �
before or af�er ti�e meeting. At�endance of a Spec[al Tax Board member at, or his/her participation in, any tneeting shall �
constitute a waiver of notice of such meeting by such Special Tax Board r-r�errtb�r, except when a 5pecial Board mern�er
attends a r�eeting solely for th� purpose of objecting to the holding of the meeting or the trar�sacting of any I�usiness and
cEoes not thereafter vote far or assent ta action tal<en at the rneetin�, when objection shall be voiced at the beginning of
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the meeting (or promptly upon said Speciai Tax Board mem�er's arrival), and such objection sha€1 be entered into the '�
minutes of ihe meeting. Neither the business ta be transac�e�d at, nar the �urpose of, any regular meeting of the Special
Tax Board need be specified in the notiee or waiver af natice of such meeting except in the e�ent af a regular Special Tax
Board t7teeting at which a praposed resolution for the issuance of revenue bonds of t}�e Authority will be consicEered anci �
except as otherwise required hy these �y-laws. IVotice of any speeial meeting af the Special Tax Board shall s�a�e the �
purpose or purposes for which such rrieeting is called. Together with the no�ice of any regular Special Tax Board meeting,
each 5pecia! Tax Board member shall be pro�ided with an agenda lis#ing each and e�ery item upor� which ae�ion is to be
taken at s€�ch meeting. By verbal or written natice to the Clerlc to the Board made three days in advance of said meeting, ,
any Special Tax Board member may have any item placed or� said agenda. Any matter may be proposed, discussed, or
debated at a regular rr�eeting of the Special Tax Board, but no iter� may be acted upon unless listed in the aforesaid agenda
or �nless the rnatter is first p�aced upon said agenda by the vote of a majority of the members of the Speciaf Tax Boarc!
presen�or deemed present pursua�t ta Section 6 of this Article V at such regular meeting. '
Section 6. uorum. Four (4) mem�ers of the 5�ecial Tax Board shall canstitute a quorurr� for the transaction of i
business. Once a quorutn is esta�fished for the transaction of business, a Special Tax Board member who has withdrawn
from a meeting witho�t being excusec! by a rr�ajority vote of the remaining Specia! �"ax Board mem6ers present shall be
counted as present for purposes af determining whether or not a quorum is present. !f a quorurn shal[ not he p�esent
(ir�terpreted to mean �hysically present) at any meetir�g of the Special Tax Board, a majori�y of the Speciaf Tax Board �
members presen# may adjaurn the meeting to another time and p�ace. Notice of any s�ch adjo�rned meeting shall be ;�
given to all S�eeia]Tax 8oard�members in accordance with Section 5 of this Article V.
5ection 7. Manner_of Actir��. On any questian presented, the nurr�ber of inembers present {interpreted to mean
physically present)shall be recorded by the Cferk to the Board, Each member shall have or�e vote. No action, other than an
actior� to recess or adjourn, shall f�e talcen exc�pt upon a€fi�-mati�e vo�e of �our or more merr�bers of the Special 7ax i
Board. No person shall be entitled to exercise a �roxy vote for any Speeial Tax Board member. Except as provided in
Section 5 of this Ar�icle V, any member attending a meeting may aF�stain �rom vo�ing anly if he or she has a conflict of
interest as determined pursuar�t to law or the Authority's ethics code approved by the Baard from tirr�e �o time. A non-
vote by an attending Special Tax Board merrtber, or by a 5pecial Tax Board m�mber wha has withdrawn without heing
excusecf �ay a majority vote af the remaining members physicafly present or attending via telephonie participation, sha[1 �e
cauntecf as ar� affirrr�ative vote, except when a Special Tax Boarcf rnember attends a rneeting solely for the �urpase of
objecti�g to�he holciing of the meeting ar the transactir�g of any business as prescrihed in Seetinn 5 of this article, or unless
the Special Tax Board rnember has been excused by Special Tax Board action or his or her abstention is ap�aroved pursuant
t0 t�il5��E�1011 7.
Section 8. Vaeancies. Any �acancy occurring among the members of the Special Tax Board by reason of death,
resignation, disq�alification, ir�eapacity to serve, rerr�oval from office in accnrdanc�with law, or otherwise, s�all be filled in
the �anner provided for by the Act. I�o vacancies on the Board shall im�air the power of�he Baard to transact any and all �
bt�siness af the A�thority and perforr� all its duties as provided for by the Aet. - �
Section 9. Parliamentarv Rules. Except where inconsistent with�he Act or these �y-laws, Rober�'s Rules of Order, '
as from tirne to�ime revised,sha[i go�ern the proceedings of the Special Tax Board and its committees.
Section 10. Rernovaf. Each member of the Special Tax Board may be removed with or witF�aut cause by his/her
appointer�s) pursuar�t to NC GS 160A-607.1. ?
5ection �.7.. Officers. The Special Tax Board shall elect annually in !an€aary fram among its members a chair, vice- ;
chair, secretary anc�treasurer. �
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