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HomeMy WebLinkAboutAgenda - 02-12-2008-1ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 12, 2008 Action Agenda Item No. SUBJECT: Orange County Housing Authority Bylaws Revision DEPARTMENT: Housing/Community Dev. PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Bylaws- Blacklined INFORMATION CONTACT: Tara L. Fikes, (919) 245- 2490 PURPOSE: To review revisions to the Bylaws of the Orange County Housing Authority. BACKGROUND: In the Fall of 2006, interest was expressed in ensuring the readiness of the County to purchase available land in areas of the County where public water and sewer is available. It was noted that although County affordable housing bond funds can be used for this purpose, it is difficult for the County to purchase land and then convey the land directly to non-profits due to state laws regarding the disposition of property. As an alternative, there was agreement to investigate the possibility of the legal entity known as the Orange County Housing Authority acquiring available land for future affordable housing development by other development organizations. The Affordable Housing Advisory Board (ARAB) discussed this possibility with the BOCC at the August 30, 2007 work session. At that time, as a next step, the BOCC asked AHAB to revise the current bylaws of the Orange County Housing Authority that were written in 1969 to reflect current operations and bring them back for Board review. ARAB has completed that work and a Blacklined copy of the bylaws are attached to this abstract for discussion and review by the BOCC. FINANCIAL IMPACT: No immediate impacts. RECOMMENDATION (S): The Manager recommends that the Board review the revisions to the Orange County Housing Authority Bylaws and provide feedback to the members of ARAB regarding the language of the document. 2~.~ - ""- Formatted: Right: 0.25" ~ ~_~ ~----~-~ Formatted BYLAWS OF THE ORANGE COUNTY HOUSING AUTHORITY ,ARTICLE I -THE AUTHORITY -. _--- Formatted Section 1. Name of Authority. The name of the Authority shall be "Orange County Housing Authority." _ Section 2. Seal of Authority. The corporate seal of tl~e Authority shall. consist of .--- Deleted: The seal of the Authority shall - c"_--."" "'---'--""'"-'-"" ---'----'"-"""""'---- a circular device and shall have inscribed around the circulnference thereof the words be in thefonnofacircleandshallbear the name of theAuthoriryandtheyearof "Orange County Housi.n~ Authoriity" and in the center thereof, "Incorporated 1969''. its organization. Section 3. Office of Authority. The offices of the Authority shall be in the Orange County Administrative Offices irr the Town of Hillsborough,_ State_ of_North __. - - - - - - - ------------------ - - ---- Deleted: at Orange County Courthouse Carolina, but the Authority may hold its meetings at such other place as it may from. time - y resolution. toto t~mie designate b .__- DeGeted: be _ , _ ~1.RTICLE II -COMMISSIONERS ~ ~. .-- Formatted __ Formatted: ]ustified ~~ Section l . Number. The Board of Cormnission.. ers of the Authority (the "Board") ~ shall consist of even (7) commissioners. _,. ~ ..-- ~ Formatted: Font: Not Bold, Font - - ~... - - - --- ----------- ---------------- - - - ~., . color: Auto .; Section 2. Appointment and pualifications. Each commissioner shall be , `•, • r I Formatted: Font: Not Boid J appointed by the Orange County Board of Corm Commissioners. No commissioner Formatted: Font color: custom may be a county official. ....._.........._ ................................_..-- -----•---......_........~........_...._.._....__.._.._..__....................................---..,__ Color(RGB(102,0,0)) ~~ .._. Deleted: Section 3. Resident Commissioner. At least one of the commissioners apponrted shall be a person who is directly assisted by the Authority. It is reco>~nized and understood that statutory or regulatory requirements change from. time to time and may result in the obligation. of the Authority to maintain an active Resident Comm.issi.oner who is directly assisted. b~th.e Authority as a member. ~--- -- Formatted~Justified~ __~ Section 4. Term. Each commissioner shall hold office for a term of not less than two 2) or more than five (SZyears. If the commissioner directly assisted by die Authority ceases to receive such assistance during; his or her teen, the commissioner's term shall be terminate and another person who is directly assisted by the Authority shall be appointed by the Orange County Board of County Corrrrnissioners. Section 5. Compensation. A commissioner shall receive no compensation for h.is or her services but he or she shall be entitled to the necessary expenses, including traveling expenses incurred in th.e discharge of his or her duties. ---- ------------} 3'.- - ~ Formatted: Right:_0.25" - ___/ ~AIZTICLE_III_- OFFICERS - Section 1. Officers. The officers of the Authority shall be a Chairman, a Vice- Chairman and a Secretary. Section 2. Chairman. The Chairman shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairman shall sign all contracts, deeds and other instruments made by the Authority. At each meeting; the Chairman shall submit such recommendations and information as he or she may consider proper concerning the business, affairs, and policies of the Authority. Formatted Deleted: Absence Deleted: f Deleted: The Secretary shall be the Executive Director of the Authority and, as such, shall have general supervision over the administration of its business and affairs, subject to the direction of the Authority. He shall be charged with the management of the housing projects of the Authority,¶ Section 3. Vice-Chairman. The Vice-Chairman shall perform the duties of the .;''~ Chairman in the absence _o~ incapacity_ of_ the Chairman,__or_ upon_ delegation_ by__the ~' r` Chau•lnan.; and in case of the resignation, .removal or death of the Chairman, the Vice- Chairman shall perform such duties as are imposed on the Chairman until such time as the Authority shall select a new Chairman. Section 4. Secretary. The Executive Director of tlae Authority shall serve as Seeretaryy of the Board. The Secretary_shall keep_the records of the Authority, shall act as_ ;~ ';;',;" secretary of the meetings of the _ oard and_record_all votes, and shall keep a record_of the ;• ; ;- ;' proceedings of the _oard in_a_journal_ofproceedings to be_kept for such_purpose,_and ;.;~ ;' shall perform all duties incident to his office: tThe Secretary shall keep_m safe custody the_ ; ,,' seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. The Secretary shall keep regular books of accounts showing receipts and ,' expenditures and shall render to the oar•d at each regular meeting (or often* when '' ;~..• requested), an account of,xhe Authorit 's transactions and also of the fmancral condrtron , •'•, of the Authority. ~ .................................................................................................... .~ ., ,•, ., Andperson appointed to fill the office of Secretary, or any vacancy therer.n, shall t; ~,;•.;,,,, have such term as the Authority fixes. If the position of Executive Duector is vacant, the '+,'';'•,,`~, ` Board may appoint a temporary appointee until such time as the Executive Director :~ position l7as been filled. No commissioner of the Authority shall be eligible to this offce ' except as a temporar~ppointee. Section 5. Executive Du•ector. The Executive Director of the Authority shall have General supervision over the administration of its business affairs, subject to the direction of the Authorit~,The Executive Director shall be charged with. th.e mana eG meat of the housingprojects of the Authority ~1'he Executive Director shall be appointed by .'•., the Oran e County Mana 7er_ ` ` Regarding the budGetinG and accounting systems of the Authority, the Orange `~ County Board of County Commissioners shall adopt a resolution that provides that the budgeting and accounting systems of the county's hausing~autll.ority shall be an. i.nte ;r•al part of the bu.d~etinG and accounting systems of Orange County t;ovenlment. ' Deleted: Authority Deleted: Authority Deleted: He Deleted: We shall have the care and custody of al( funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The Secretary shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Authority. Except as otherwise authorized by resolution of the Authority, all such orders and checks shall be countersigned by the Chairman. He Formatted: Font: Not Bold Formatted: Font: Not Bold Deleted: Authority Deleted:_er Deleted: his-----_......~....----- Formatted: Font: Not Bold Deleted: He shall give such bond for the faithful performances of his duties as the Authority may determine. Formatted: Font: Not Bold Deleted: ¶r,R~~~,_--.___..__.,.,.,,,,,__:. _ .P _.........._ .............-.. Deleted: The com ensation of the Secretary shall be determined by the Authority, provided that a temporary appointee selected from among the commissioners of the Authority shall serve without compensation (other than the payment of necessary expenses). Formatted: Font: Not Bold Formatted: Font: Not Bold Deleted: Orange County Board of County Commissioners or the ------------- 4q.- - - Formatted: Right: 0.25" camDensation (other than the payment ofnecessary expenses). Section k. Additional Duties: The,O~cel•s of the Authority shall perform such ,.••_"_~_ other duties and functions as may from time to time be required by the oard or the Maws or rules and regulations of the Authority, __ -- ------------------------------------- --------------- - - - ------------ Section 7. Election or Appointment. The Chairman and Vice-Chairman shall be ,.--•'"- elected by the Board at the annual meeting of the Authority from ,among, the ,..--~`- _ ..~~ commissioners of the Authority, and shall hold office for one wear or until their successors are elected and qualified. Section~_ Vacancies. Should the offices of Chairman or Vice-Chairman become vacant, the oard shall elect, a successor from its mein, bership at the next regular meeting,__'•,,, and such election shall be for the unexpired term of said office. When the office of -'~., ~'~., Secretary becomes vacant, the oard shall appoint a successor, as_aforesaid:_ ___ ~'•,, Section ~__ Additiona_l Personnel. The_ Authority, may from time to_time emplo-y _ _ - --------------- - - - ---- - - - - - such personnel as it deems necessary to exercise its powers, duties, and functions as rescribed b the _ ousm Authorities Law of North, Carolina and all other laws of the ....-- P Y ,~__..._._.g---------.~---------------........_..... - - - -------------._...._..---------...- State of North Carolina applicable thereto.>< _ _ _ _ _-- .'•, ~RTICLE_IV -MEETINGS ~' ~' Section 1. Annual Meeting. The annual meeting of the Authority shall be held on `c the first regularly scheduled meeting in the month of January at the time and place of regular meetings, _ In the event such_date shall fall_on~ legal holiday, the annual meeting _ ~':~' shall be held on the next succeeding secular day. Section 2. Regular Meetings. Monthly meetings shall be held with, notice at they,; ~'•, regular meeting place of the (Orange County Affordable Housing Advisory Board on the '~;,-, '~, secon _Tuesda _of each month unless the same shall be a legal holiday, m_which event `~ said meeting shall be held on the next succeeding secular day. ~'~,,,`'.,''., Section 3. Special Meetings. The Chairman of the Authority may, when he or '' slle deems it expedient, and shall, upon the written request of two ~2,Zmembers of the .,,,, _oard,_call_a_special_meeting_of_the oard for thepurpose_of transacting any business, ~,~ designated in the,~__ The call for a s~eclal meetmg_may be dehvered_to each_member of _ ;,, ~'i' the oard or may be_ mailed to the business or home address of each member of the ''•,';;~,, ' _oard_at least,two_~days prior_to the date_of such special_meeting.__At such special '•;~'~,,'•;'•, meeting no business shall be considered other than as designated in the call, but if all of `~,`~,`'.,'~,, the members of the Board are present at a special meeting any and all business maw ~` transacted at such special meeting. . -- Deteted: ¶ _ - Deleted: Board of County Commissioners, Deleted: 5 Deleted: of&cers Deleted: Authority Deleted: b --. Deleted: 6 Formatted: Font: Not Bold Deleted: ¶ . The Secretary shall be appointed by the Authority. Any person appointed to fill the office of Secretary, or any vacancy therein, shall have such term ns the Authority fixes, but no commissioner of the Authority shall be eligible to this office except as a temporary appointee.¶ Deleted: 7 Deleted: Authority Deleted: Authority Deleted: s Deleted: Local Deleted: The selection and compensation of such personnel (including the Secretary) shall be determined by the Authority subject to the laws of the State of North Carolina. Formatted: Font: Not Bold Formatted: Justified Formatted Deleted: II Deleted: Monday in December at 10:00 o'clock A.M. at the regular meeting place of the Authority Deleted: a Sunday or f Formatted: Justtfied Deleted: out Deleted: Authority Deleted: first Deleted: Monday Deleted: at 10:00 o'clock AM. Formatted: Font: Not Bold Deleted: Authority Deleted: Authority Deleted: cell Deleted: Audroriry Deleted: Authority S~ - " - "~ Formatted: Right: 0.25"w~ Section 4. uorum. The powers of the Authority shall be vested in the commissioners_thereof in office from time to time. ,~1 majorityy of the_commissioners of ._ -- Deleted: c the Board shall constitute a quorum for the purpose of conducting its business and '~ `- Deleted: Three commissioners exercising its powers and for all other purposes, but a smaller number may adjourn from ~• {Formatted: Font: Not Bold i time to time until a quorum is obtained. When a quorum is in attendance, action may be ---`~ __.~ ~_. taken by the Authority upon a vote of a majority of the potmnissioners present- - -- - - ------- Deleted: Commissioners Section 5. Order of Business. At the regular meetings of the Authority the following shall be the order of business: 1. Roll call; 2. Reading and approval of the minutes of previous meeting; 3. Bills and communications; 4. Report of the Secretary; 5. Reports of Committees; 6. Unfmished business; 7. New business; 8. Adjournment. All resoluti ons shall be in writing and shall be copied in a~ermanent journal of the proceedings of the Boar __ _ __ _ _ _ __,..--- Deleted: Authority Section 6. Manner of Voting. T'he voting on all questions coming before the Authority shall be by Show of voice vote, and if not unanimous, the yeas_and nays shall____..-- Deleted: ron eau _ _......»__..___________....__...... _........ _..___________ __T........__ be entered upon the minutes of such meeting, except in the case of elections when the - `- Deleted: and vote may be by ballot. Section 7. Participation by Conference Call. If the Board holds an officiate -' -' ~ --' Formatted: Justified meeting by use of conference telephone or other electronic means, the Authority shall Deleted: Article provide a location and means whereby members of the public may listen to the m.eetin~ ~, Formatted and the notice of the meeting i•egtured by law shall specify that location. i, ----- - ---- ,( Formatted: Justified Section 8. Ratification. An action or instrument of the Authority shall not be ;r:';(Deleted: z invalid for lack of authorization if the action is ratified by the Board. at a subsequent ~;' • Deleted: Amendments meeting or by action in accordance with these B ly aws. ;';;',-~ . Deleted: t ,~~ ~' ;, y,ti , ~ ,. TICLE V - MENDMENTS '~" ' ;; ; Section 1. Amendments to Bylaws. The Maws of the Authority shall be,-;!!:'. amended onl with the a royal of ,Zwo-thirds (2/3 pf the members of the oard at a ~:%'~ Y PP . .................~._............ ------- ......... regular or a special meeting, but no such amendment shall_be_adopted_ unless _at _east _____ ~,_ sevens day's written notice thereof has been previously given to all of the members of the oard. -'"- 2evlsed Januare 8. ?008 .', Deleted: at least three Formatted: Font: Not Bold Deleted: .~.. Deleted: Authority Deleted: s Deleted: lease Deleted: Authority Deleted: ¶ 4 9