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HomeMy WebLinkAboutAgenda - 03-18-2008-4iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 18, 2008 Action Agenda Item No. ~~- - j SUBJECT: Orange County Housing Authority Bylaws Revision DEPARTMENT: Housing/Community Dev. PUBLIC HEARING: (YIN) No ATTACHMENT(S): Bylaws- Blacklined INFORMATION CONTACT: Tara ~. Fikes, (919) 245- 2490 PURPOSE: To approve 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 affardable 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 Board of County Commissioners (BOCC) at their August 30, 2007 work session. At that time, as a next step, the BOCC asked ARAB to revise the current bylaws of the Orange Gounty Housing Authority that were written in 1969 to reflect current operations. This task was accomplished and presented to the BOCC during the February 12, 2008 work session for discussion. Since that discussion, ARAB. has finalized the bylaw revisions and a blacklined copy of the bylaws highlighting the revisions is attached to this abstract for approval by the BOCC. FINANCIAL IMPACT: There are no immediate impacts with the revision to the Bylaws: RECOMMENDATION (S): The Manager recommends that the Board approve the revisions to the Orange County Housing Authority Bylaws. BYLAWS OF THE ORANGE COUNTY HOUSING AUTHORITY ARTICLE I - TflE AUTHORITY Section 1. Name of Authority.. The name of the Authority shall be "Orange County Housing Authority: ' Section 2. Seal of Authority. -r~ ,._...' „+ +,,_ n _+, •+ . ,,__>> ~,_ ~ +,,., +^,-,,, ^f a .... .~ - .The corporate seal of the Authority shall consist of a circular device and shall have inscribed around the circumference thereof the words "Orange County Housing Authority" and in the center thereof, "incorporated ,1969". Section 3. Office of Authorit~The offices of the Authority shall be in the Orange County Administrative Offices * r' • ~'^^~'+" ~'^"'~''^"~e-in the Town of Hillsborough, State of North Carolina, but the Authority may hold its meetings at such other place as it may from time to timer designate by resolution. ARTICLE II -COMMISSIONERS Section 1. Number. The Housing Authority Board of Commissioners e#~the "••~~h-ori~=(the "Housing Authority Board") shall consist of seven (7) commissioners. Section 2. Appointment and Qualifications. Each commissioner shall be appointed by the Orange County Board of County Commissioners. No commissioner may be a county official: A county official includes staff and elected officials. Section 3. Resident Commissioner. At least one of the commissioners appointed shall be a person who is directly assisted by the Authority. It is recognized 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 Commissioner who is directly assisted by the Authority as a member. Section 4. Term. Each commissioner shall hold office for a term of ~e#-less three years. if the commissioner directly assisted by the Authority ceases to receive such assistance during his or hel• term, 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 Commissioners. 3 Section 5. Compensation. A commissioner shall receive no compensatio~a for his or her services but he or she shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties. ARTICLE II.l -OFFICERS Section 1. Officers. The officers of the Authority shall be a Chair+~, a Vice- Chair and a Secretary. o Section 2. Chairtx~. The Chaim-shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chaim shall sign all contracts, deeds and other instruments made by the Authority. At each meeting, the Chaim shall submit such recommendations and' information as he or she may consider proper concerning the business, affairs, and policies of the Authority. Section 3. Vice-Chairj The Vice-Chaim shall perform the duties of the Chaim in the "tee-n~-absence or~€ incapacity of the Chairman, or upon delegation by the Chair; and in case of the resignation, removal or death of the Chaim, the Vice-Chaim}an shall perform such duties as are imposed on the Chaim until such time as the Authority shall select a new Chair+~an. Section 4. Secretary. The Executive Director of the Authority shall serve as Secretary of the Housing Authority Board. me~~c-rct~a~y-sl~a~~-thy-~.-~t~ > > The Secretary shall keep the records of the Authority, shall act as secretary of the meetings of the. ~,~erit~Housing Authority Board and record all votes, and shall keep a record of the proceedings of the ~~t~ket-Housing Authority Soard in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to his office. He-The Secretary shall keep in 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. > >> ~ a ~ - +,,,~ r~,,,;,-Y,.,~,~ The Secretary shall keep regular books of accounts showing receipts and expenditures and shall render to the ~4tttl3arit~Housing Authority Board, at each regular meeting (or oftener when requested), an account of 1~ the Authority's transactions and also of the financial condition of the Authority. ~Ie 2 `~" b 1crctc-~=irii~r . ,~ b Any pe-•son appointed to till the office of Secretary, or any vacancy therein, shall have such term as the Authority fixes. If the position of Executive Director is vacant, the Housing Authority Board may appoint a temporary appointee until such time as the Executive Director position has been filled. No commissioner of the Authority shall be eligible to this office except as a temporary appointee. Section 5. Executive Director. The Executive Director of the Authority shall have general supervision over. the. administration of its business affairs, subject to the direction of the Authority. The Executive Director shall be charged with the management of the housing projects of the Authority. The Executive Director shall be appointed by the Orange County Manager. 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 housing authority shall be an integral part of the budgeting and accounting systems of Orange County government. The compensation of the Executive Director shalt be determined by the Orange County Manager • ,provided that, until a permanent Secretary is appointed, a temporary appointee selected from among the commissioners of the Authority shall serve without compensation (other than the payment of necessary expenses). Section ~6. Additional Duties. The emirs-Officers of the Authority shall perform such other duties and functions as may from time to time be required by the 13eri~y~-Housing Authority Board or the Bbylaws or rules and regulations of the Authority. Section ~7. Election or Appointment. The Chair~rr and Vice-Chaim shall be elected by the Housing Authority Board at the annual meeting of the Authority from among the commissioners of the Authority, and shall hold office for one (1) year or until their successors are elected and qualified. •, , 3 5 Section ~8. Vacancies. Should the ofFces of Chairm~ or Vice-Chaim become vacant, the ~4"Housing Authority Board shall elect a successor from its membership 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 art-he{~Housing Authority Board shall appoint a successor, as aforesaid. Section ~9. Additional Personnel. The Authority may from time to time employ such personnel as it .deems necessary to exercise its powers, duties, and. functions as prescribed by the Lec-al-Housing Authorities Law of North Carolina and all other laws of the State of North Carolina applicable thereto. '''' ' ~' ' ••..^±`•~== "+~ ARTICLE IVH -MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the first regularly scheduled, meeting in the month of January at, the time and place of regular meetings : ~ c ' ~ ~ ^ ° ^+ +" ° ^ ~ ~+"~rt"irii} . 1T1 the event such date shall fall on ^ ~ ~ • •-o~-a legal holiday, the annual meeting shall be held on the next succeeding secular day. Section 2. Regular Meetings. 1~4+~ki-13~ Mnteetings shall be held withet~t notice in accordance with the N.C. Open Meetings Law. * +~ . 5 ~ +;,,g ~~.,,.° c~±~;c b .' Section 3. Special Meetings. The Chaim of the Authority may, when he or she deems it expedient, and shall, upon the written request of two (2) members of the erit~Housing Authority Board, call a special meeting of'the ~~-Housing Authority Board for the purpose of transacting any business designated in the c-el-lcall. The call for a special meeting may be delivered to each member of the ~n~er~t3~ Housing Authority Boai-d or may be mailed to the business or home address of each member of the A-a~i~=Housing Authority Board at least two (2) 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 Housing Authority Board are present at a special meeting, any and all business may be transacted at such special meeting. Section 4. uorum. The powers of the Authority shall be vested in the cEommissioners thereof in office from time to time. "''' A majority of the commissioners of the Housing Authority Board shall constitute a quorum for the purpose of conducting. its business and exercising its powers and for all other purposes, but a smaller number may adjourn from 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 ~'^^,"~~~'~'~^~~°r^ commissioners present. 4 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. Unfinished business; 7. New business; 8. Adjournment. All resoluti ons shall be in writing and shall be copied in a permanent journal of the proceedings of the Housing Authority Boai-d~-y~. Section 6. Manner of Voting. The voting on all questions coming before the Authority shall be by rell-ca~lshow of voice vote, and if not unanimous, the yeas and nays shall be entered upon the minutes of such meeting, except in the case of elections when the vote may be by ballot. Section 7. Participation by Conference Call. If the Housing Authority Board holds an official meeting by use of conference telephone or other electronic means, the Authority shall provide a location and means whereby members of the public may listen to the meeting and the notice of the meeting required by taw shall specify that location. Section 8. °n+~*~^^+~^^. Open Meetings Law. All records of the Orange County Housing Authority are subject to the N.C. Public Records Law but are not subject to the Federal Freedom of lnI'ormation Act. "•• ^^+'^^ ^-- ~^°*•-••--•^~+ ^c+ti^ tic-IeARTICLE ~IV - "•^^^~'m^^+°AMENDMENTS Section 1. Amendments to Bylaws. The Bbylaws• of the Authority shall be amended only with the approval of ^^~two-thirds (2/3)-of the members of the ~~~tl~erit~-Housing Authority Board at a regular or a special meeting, but no such amendments shall be adopted unless at least seven (7) day's written notice thereof has been previously given to all of the members of the her~`Housing Authority Board.