Loading...
HomeMy WebLinkAboutAgenda - 06-13-2006-9aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 13, 2006 Action Agenda Item No. q-a SUBJECT: Consideration of a Resolution on District Elections for the Board of County Commissioners for a November 2006 Referendum DEPARTMENT: County Attorney, Planning, PUBLIC HEARING: (Y/N) No County Commissioners, Elections, & County Manager ATTACHMENT(S): Citizen Petition Cover Sheet Draft Principles Draft Process/Timetable Copy of N.C. Gen. Stat. § 153A-60 May 1, 2006 Letter from County Attorney Draft Resolutions: "Proposal D" (residency and nomination by district) "Proposal D" (residency only) Maps, Statistical Data, and Transition Process for Seven Member Maps/Plans: "Proposal B" (map and statistical data only), "Proposal D" and "Carey Proposal" INFORMATION CONTACT: Geof Gledhill, County Attorney, 732-2196 Greg Wilder, 245-2300 David Hunt, 245-2130 John Link, 245-2300 Brian Carson, 245-2595 Craig Benedict, 245-2592 PURPOSE: To provide an opportunity far the Board 1) to consider approval of a Resolution on district elections for the Board of County Commissioners for a November 2006 referendum based on Board consideration of district elections since January 2005; and 2) provide any comments, questions and any further direction to staff. BACKGROUND: At the Board's January 24, 2005 regular meeting, representatives of a group of Orange County residents addressed the Board and submitted a 1200-signature petition to the Board regarding the method by which the members of the Board of Commissioners are elected in Orange County. The representatives requested that the Board review the current method of election for the members of the Board, which entails all five members of the Board being nominated and elected to staggered four-year terms on an at-large basis. The petition requesting an alternative method and manner by which Orange County Commissioners are elected is attached. The County Manager and County staff reviewed the issue and the petition submitted and provided a report to the Board at the Board's May 5, 2005 work session. The report included information on the following: 1) the legal framework for structure of boards of county commissioners; z 2) the various methods of at-large election, district election, and combination of at- large/district election utilized for boards of commissioners in the 99 other North Carolina counties; 3) a history of past discussions by the Orange County Board of Commissioners in regard to Board representation and election; 4) some limited boundaries and statistical information showing the population distribution as it may relate to the consideration/formulation of district representation for Orange County. The report was intended to provide an initial framework of information upon which the Board of Commissioners could deliberate and determine as appropriate any further steps in evaluating this issue and responding to the request and petition submitted, The Board then pursued a series of meetings over the past eleven months. Those meetings included two public hearings, one on August 24 and the other on August 31, 2005, to receive input from the public on this issue, This was followed by, at an October 17, 2005 work session, Board discussion of five initial draft maps/plans, an introductory preamble, a draft set of Principles, and a draft Process/Timetable, From that meeting, the Board then scheduled and conducted another public hearing at its November 2, 2005 regular meeting on three of the initial draft maps/plans, The next discussion occurred at the Board's November 15, 2005 regular meeting. At that meeting, the Board approved a motion ",.,[to] pursue a district election system and have a referendum in the general election of 2006 an the map that the Board of Commissioners adapt." The Board then briefly discussed district elections at the January 20, 2006 BOCC Retreat as part of the "Priorities" review, At a February 16, 2006 work session, the Board further discussed district elections and proposed moving forward with Proposal 5, afive-member plan for the Board of Commissioners. The Board also determined that members from districts under Proposal 5 would reside in their respective districts, but the qualified voters of the entire County would nominate all candidates for and elect all members of the Board, The Board also confirmed that implementation of the district election plan for the Board of County Commissioners, with the approval of County voters in November 2006, would begin with the 2008 Primary Election, The Board received public comments on Proposal 5 and other items related to district elections at its March 2, 2006 regular meeting. This was followed at the next regular meeting on March 21, 2006 with ftarther BOCC discussion of district elections and the approval of the following motion: Staff to prepare a resolution, a map and a transition plan to be sent to referendum in November 2006, fora 7-member Board of County Commissioners, with 2 members from residential districts in rural Orange County, and at least two members and not more than three members from a residential district in Chapel Hill Township, with the remainder being at-large members, These 7 commissioners would be nominated and elected at-large, This proposal is reflected in Proposal 3, but need not be limited exactly to the district designs in Proposal 3," Based on the Board's action at the March 21St meeting, the Chair and Vice Chair worked with staff to develop additional sets of maps/plans that detailed potential seven-member configurations for the Board of Commissioners. Relevant statistical data and draft transitions 3 plans were also developed, and the seven-member maps/plans and other materials were part of the Board's most recent discussion on district elections during the April 18, 2006 regular meeting, At that same meeting, the Board also reviewed amap/plan and statistical data proposed by Commissioner Carey far aseven-member variation of Proposal 5 (the 5-member plan previously considered by the Board), Following discussion during the April 18, 2006 regular meeting, the Board; 1) Approved a motion to move forward with "Proposal B", aseven-member map/plan with one member from District 1 (all of the County except Chapel Hill Township), two members from District 2 (encompassing Chapel Hill Township); and four At- Large members; 2) Approved a motion that members elected from District 1 and District 2 must reside in their respective districts and would be nominated by the qualified voters in those respective districts, but that all seven members of the Board would be elected by the qualified voters of the entire County; and 3) Directed staff to develop a draft Resolution, as prescribed by the State statutes, for BOCC approval that includes a transition plan and incorporates the Board's decisions, and moves forward the process far a November 2006 referendum on "Proposal B", with implementation to begin with the 2008 Primary Election, subject to November 2006 approval by County voters. After the April 18, 2006 Board meeting and during the process of preparing a Resolution calling for a November 2006 referendum on the question of changing the structure of the Board to "Proposal B," the County Attorney determined the Board stricture contained in "Proposal B" does not meet a requirement of N,C, Gen. Stat, § 153A-58. That statute permits district/at large structures, subject to the following requirement: "no more than half the board may be apportioned to the county at large," "Proposal B" apportions 4 out of 7 board members to the County at large. "Proposal B" therefore cannot be the basis for a referendum pursuant to N.C. Gen. Stat, § 153A-58, In response to the County Attorney's May 1, 2006 letter concerning the statutory requirement not met by "Proposal B,"the Chair and the Vice Chair worked with staff to develop an additional map/plan for aseven-member board that meets all statutory requirements, "Proposal D" is that map/plan. Commissioner Carey's proposal is also aseven-member board proposal that meets all statutory requirements, Copies of a map/plan, statistical data and alternative transition processes (residency only and residency and nomination by district) for each of "Proposal D" and the "Carey Proposal" are attached to this abstract, The County Attorney has also prepared draft resolutions for the Board's consideration, One of the resolutions calls for a referendum on "Proposal D" with the districts being residency only. The other resolution calls for a referendum, also on "Proposal D," with the districts being residency and nomination, Comparable resolutions can be prepared that would implement the "Carey Proposal" should the Board direct. FINANCIAL IMPACT: There is no financial impact associated with the Board's consideration of next steps on district elections far the Board of County Commissioners for a November 2006 referendum, There would be some casts associated with the publishing of the Resolution which could be addressed either within the FY 2005-06 budget or the FY 2006-07 budget, There will also be costs associated with conducting a referendum in November of this year. RECOMMENDATION(S): The Manager recommends that the Board 1) consider the next steps on district elections for the Board of County Commissioners for a November 20Q6 referendum; 2) review and discuss maps/plans, statistical data, and draft transition plans for a potential seven member Board of Commissioners; and 3) consider adopting one of the alternative resolutions provided and any other action and/or provide comments, questions and any further direction to staff. January 24, 2005 Petition Cover Sheet Fair and Equal District Representaitian --i on the Orange County Beard of Commissioners Orange County is a diverse area comprised of identifiable communities which reflect the diversity of the county including farmers, blue caller workers, white collar workers, academics, professionals, and students, all of diverse racial and ethnic self identifications. It is important in our democracy that the diversity of the community be reflected in its chosen representatives. For this reason North Carolina Law permits the voters of counties to choose commissioners by electoral districts with each district being as nearly equal in population as practicable. Further, North Cazolina Law penbits the qualified voters of each district to nominate candidates and elect members who reside in the district far seats apportioned to that district. It is also permissible to have same commissioners allocated to the county as a whole, whom the qualified voters of the entire county nominate and elect. (NCGS §153-~8(3)b} Currently all Oraage County Commissioners are elected countywide. Thus the lazge city and urban population in and around Chapel Hill and Carrbaro control the electoral process while the mare rural areas of the county lack the population to elect someone from their areas who would be able to represent their views in the deliberations and decisions of the Orange County Commissioners. The undersigned residents of Orange County petition the Orange County Board of Commissioners to alter the method and manner by which Change County Commissioners are elected to afford equal and fair representation to the residents of the county by adopting NCGS §153-58(3)b, permitting flee voters of Change County to choose commissioners by electoral districts with each district being as nearly equal in population as practicable. Further, that the qualified voters of each district nominate candidates and elect members who reside in the district far seats apportioned to that district and that some carcunissianers, but not mare than half of the board, be allocated to the county as a whole, to be nominated and voted upon by the qualified voters of the entire county. DRAFT STRUCTURE OF THE BOARD OF COUNTY COMMISSIONERS PRINCIPLES Voters should have the opportunity to vote, in the general election, for a majority of the members of the Board of Comnssioners. The establishment of district boundaries and any necessary revisions should be based on decennial census data from the United States Census Bureau, District lines should, where feasible, follow already-existing township lines, precinct lines, roadways, and/or other boundary lines. District lines should be as simple and as easy to understand as possible. However, in order to comply with any statutory and constitutional provisions, delineations such as including a small or substantial portion of a township or conununity in one district may be necessary, thereby designating the remaining portion of the township or community as part of another district. To the degree possible, district boundaries should be configured to provide the opportunity for areas more urban in nature to produce conunissioners from more urban areas and areas more rural in nature to produce commissioners from more rural areas. Any district plan should maintain a staggered term system for members of the Board of Commissioners. Any district plan should continue to provide African-Americans, women, and other minorities an equal opportunity to elect candidates of their choice, Adherence to the North Carolina statutory requirements that the district populations be as nearly equal as practicable and the Constitutional provision of one person-one vote and the existing population distribution in Orange County precludes the establishment of one commissioner representing each township in the County. Any district plan should foster greater participation of the public in the electoral process. DRAFT STRUCTURE OF THE BOARD OF COUNTY COMMISSIONERS PROCESS/TIMETABLE ACTIONS TO DATE January 2005 January 24, 2005 Submission of Petition to BOCC Regular Meeting May 2005 May 5, 2005 Staff Report to BOCC Work Session August 2005 August 24 and Two Public Hearings Conducted by BOCC 31, 2006 to Receive Public Input September 2005 County Staff Begins Review of Orange County Decennial Census Data and Formulates Draft Plans with Potential District Lines Based on Proposals Received from BOCC Members October 2005 October 17, 2005 BOCC Initial Review of Draft Plans Work Session including Potential District Lines November 2005 November 2, BOCC Public Hearing on Draft Plans 2005 BOCC including Potential District Lines and Regular Meeting Continued BOCC Review of Draft Plans including Potential District Lines November 15, Additional BOCC Discussion and Decision 2005 BOCC to Schedule Further Discussion at a Work Regular Meeting Session - BOCC approved motion for November 2006 Referendum February 2006 February 16, Additional Discussion and Review of Draft 2006 BOCC Maps/Plans Work Session March 2006 March 2, 2006 Receive Public Comments on Proposal s BOCC Regular Along with Related Items for a November Meeting 2006 Referendum on District Elections for the Board of County Conunissioners March 21, 2006 Additional Discussion and Review of Drafl BOCC Regular Maps/Plans - BOCC Approval of Motion Meeting for Seven Member Plan DRAFT ~ Apri12006 April 18, 2006 Additional Discussion and Review of Draft Regular Meeting Maps/Plans - BOCC Approval of "Proposal B" Seven Member Plan FUTURE (Proposed) June 2006 June 13, 2006 Consideration of the next steps on district Regular Meeting elections for the Board of County Commissioners for a November 2006 referendum November 2006 Referendum by County Voters on B000- Approved Plan (Already scheduled based on BOCC Adopted Motion on 11/15/OS) May 2008 Implementation of Adopted Plan (IF APPROVED BY VOTERS) §153A-59 A8T 4_ FORM OF QUVERN3dENT §15&4.60 Local Modification - (As to PBZt 4 of Article 4) Blndea: 1967, a 646; Dare: 1991, Ex. Sean., G 2, s 4 (As to applicabffity sad contin- gency provisioaB, see 1991 Session LawB, Ex, SBBB., a 2, e. 7): Lee (aB to Pert 4 and (3.S. 153-4-58):1989, c.. 195, Bs. 4, 5 (eSectdve June 1, 1989, but only applicable to resolntions ap~ proved oa or before Aug. 1, 1990), ee amended 691969, c, 770, s. 43.. I,ae (aa to P, art 4 and G,5.. 153AS8):1969, c 195, se.. 4, S (effective June 1, 1989, bnt only epplicabL3 to resolutions ap- proved oa or before Aug. 1, 1490), se amended by 1969, c 770, s. 43. CASS NOTE6 Cited in Ratclifiv County of Bunrambe, 759 F.2d LiB9 (4th Cir. 1985); Ratclifi v County of Buncombe, 663 F. Supp. lOD9 (W.bN.0. 196'x.. § 153A-59. Implementation 'when board has members serving a combination of four- and two•gear terms. If the structure of the board of commissioners is altered to establish a board with an odd number of members servingg a hombination of faun- and two-year terms of ofnce, the new structure shell be implemented as foll~ws- At the first election all members of the board shall be electetL A simile majority of those elected shall be elected fortwo-yaaz terme,'and the remaining members shall be elected for four-year terms. The candidate oz cax)didates receiving the highest number of votes shall be elected for the four-yeas terms. At each subsequent general election, s signpple majority of the board shall be elected- Thst candldate who is eIectPd with the least numb9r of votes shaIl be elected for a two-year term, and the other member or members elected shall be elected for four-year terms. (1927, c, 91, e. 3; 1969, c. 717, s, l; 1973, a 822, s. 1,) § 153A•60. Initiation of alterations bq resolution. The boazd of commissioners shall initiate any alteration in the structure of the board by adopting a resolution. The resolution shall: (1) Briefly but completely descn'be the preposed alterations; (2) Prescribe the manner of transition from the existing structure to the altered structure; (3) Define the electoral districts, if any, and apportion the members zmong the districts; (4) Call s special referendum oa the question of adoption of the alter- ations. The referendum shell be held and conducted by the county board of elections. The referendum maybe held at the same time as any other state, county or municipal primary, election, special election or referendum, or on anV date set by the board of county commission- ers, provided, that such referendum shall not be held within the period of tune bung 60 days before and ending 60 days after any other primary, election, special election or referendum held in the county Upon its adoption, the resolution shaA be published in full. (1927, c. 91, s. 4; 1969, c. 717, s. 1; 1973, c. 822, s. l; 1977, c. 362.) Local Modification -Craven: 2001-447, a. 7} Lae:1989, c 195, s• 1(e8'ective June 1,1969, 1 (applicble Daly to resolutions adopted before brit only applicable [o resolntione approved oa Januarp 1, zooz); Dare: 1981, En Sass.., a 2, s, or before Aug. i, 1990); Wayne: 1967, c. 119 1 (As to applicab0itg and contingency prwi•. (only applicable to reeolutions approved on or lions, see 1991 Session Laws, Es. SeBa., e. 2, s, before Nov. 30, 1966). 925 5 ~F LAW OFFICES COLEMAN, GI.EDHI1.1., HARGRAVE &. PEEK A PROFESSIONAL CORPORAT ION 1Z9 E TRYON STREET P. O DRAWER 1529 HILLSBOROUGH. NORTH CAROLINA 27278 919-7321196 FAX 919732-7997 www cgandhcom May 1, 2006 Barry Jacobs, Chair Moses Carey, Jr, Valerie P, Foushee Alice M. Gordon Stephen Halkiotis Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27?_78 10 FROM 7HE DESK Of GEOFFREY E.GLEDHILL EMAIL ym(t~cy¢Ialhill(alcgnnlh.com RE: Modification in the Structure o£ the Orange County Board of Commissioners Dear Board Members: The latest consideration of a plan to modify the structure of the Board of Commissioners was considered by you on April 18, 2006. At that meeting the Board voted to move forward with "Proposal B," a seven member map and plan with one member from District 1 (all of the County except Chapel Hill Township), two members from District 2 (Chapel liill Township) and four at-large members. The plan favored by the Board would have the qualified voters of each district nominate candidates who reside in the district for seats apportioned to that district and have the qualified voters of the entire County elect all of the members of the Board. "Proposal B" was reviewed by me before it was presented to the Board for consideration. While drafting a resolution of the Board calling for a referendum on "Proposal B," I checked it for compliance with N.C. Gen, Stat. § 153A-58, part of the law authorizing a Board of Commissioner called referendum to cYlange Board structure. N.C. Gen. Stat. § 153A-58 does not authorize the Board to put before the voters a structure alf.eration which contains a combination of districts and at-large ~~eats unless "no more than half the Board [is) apportioned to the county at-large." Since Orange County Board of Commissioners Page 2 May 1, 2006 "Proposal B" would have three members of the Board apportioned by districts and four members of the Board apportioned at-large, it does not satisfy the requirements of N.C. Gen. Stat. ~ 7.53A- 58. I sincerely apologize for' not testing Proposal B against the "no more than half the Board,..apportioned to the county at- large" requirement of N.C. Gen. Stat, ~ 153A-58 at the time Proposal B was presented to the Board for consideration. Very truly yours, COLEMAN, GLEDHILL, HARGRAVE & PEEK, P.C, ill GHG/lsg xc: Brian Carson David Hunt John M, Link, Jr, Greg Wilder J lsg:letters\bdofcom modification of structure It r,doc is NORTH CAROLINA ORANGE COUNTY DRAFT Proposal D (residency and nomination by district) RESOLUTION CALLING A SPECIAL REFERENDUM ON THE QUESTION OF AN ALTERATION IN THE STRUCTURE OF AND MODE OF ELECTING THE ORANGE COUNTY BOARD OF COMMISSIONERS WHEREAS, the Boazd of Commissioners has, from time to time, considered changing the structure and mode of electing the members of the Boazd; and WHEREAS, on .Ianuary 24, 2005 the Board received a petition from citizens of the County, requesting the Boazd to alter the method and manner by which Orange County Commissioners aze elected to include electoral districts; and WI-IEREAS, in response to the January 24, 2005 petition, Orange County staff presented a report to the Board on May 5, 2005, which report addressed: the legal framework for structure of boards of county commissioners; 2. the various methods of at-large election, district election, and combination of at- large/district election utilized for boards of commissioners in the 99 other North Carolina counties; a history of past discussions by the Orange County Board of Commissioners in regazd to Boazd representation and election; and 4. some limited boundaries and statistical information showing the population distribution as it may relate to the consideration/fonnulation of district representation for Orange County. WHEREAS, the Board considered the staff report, conducted public hearings and has continued to work on the concept of altering the structure of the Board and on specific alteration 13 proposals since May 5, 2005, culminating in this Resolution calling for a special referendum on the structure of and the mode of electing members of the Boazd of Commissioners. NOW, THEREFORE, BE IT RESOLVED, by the Orange County Board of Commissioners, pursuant to N.C. Gen. Stat. §§ 15.3A-58, 60, 61, 62, 63, 64 I. there is hereby called a special referendum conducted in Orange County on November 6, 2006 on the question ofwhether there will be an alteration in the structure of and mode of electing the Orange County Board of Commissioners. II. The proposition that will be printed on the ballot is as follows: "Shall the struchrre of the Board of Commissioners of Orange County be altered as follows: 1, change the board from five members to seven members; 2. change from the qualified voters of the entire County nominating all candidates for and electing all members of the board to a structure in which there is one tluee member district (District 1), one two member district (District 2) and two members at large; members shall reside in and represent the districts according to the apportionment plan adopted; the qualified voters of each district shall nominate candidates who reside in the district for seats apportioned to that district, and the qualified voters of the entire county shall nominate candidates for seats apportioned to the county at large; and the qualified voters of the entire county shall elect all the members of the board.. District 1 consists of that portion of Chapel Hil] Township that is south of a line that begins at the boundary between Bingham Township and Chapel Hill Township, then goes east along the boundazy of the Chapel Hill-Carrboro and Orange County school administrative units to Eubanks Road; east along Eubanks Road to MLK, Ir. Boulevard (State Highway 86); north along MLK, Jr. Boulevard to Interstate 40; east along Interstate 40 and ending at the boundary between Orange County and Durham County. District 2 consists of the rest of Orange County. 3. The transition process is: 1) The first election for which this election system will apply will be in 2008. The three commissioners elected in 2006 will serve the remainder of their unexpired terms. Two of the three seats in District 1, one of the two seats in District 2 and one of the two At Large seats will become available in 2008. 2) Four commissioners will be elected in the 2008 election. The two commissioners whose terms expire in 2008, along with other qualified candidates, may choose to run for two of the three District 1 seats, for one of the two District 2 seats or for one of the two At Large seats. The qualified voters of District 1 will nominate candidates for the District 1 seats, The qualified voters of District 2 will nominate a candidate for the District 2 seat, The qualified voters of the entire County will nominate a candidate for the At Large seat. The qualified voters of the entire County will elect the members of the District 1 seats, the member of the District 2 seat, and the member of the At Large seat, all for four year terms. 3) Three commissioners will be elected in the 2010 election. The three commissioners whose terms expire in 2010, along with other qualified candidates, may choose to run for one of the three District 1 seats, for one of the two District 2 seats or for one of the two At Large seats. The qualified voters of District 1 will nominate a candidate for the District 1 seat. The qualified voters of District 2 will nominate a candidate for the District 2 seat. The qualified voters of the entire County will nominate a candidate for the At Large seat. The 15 qualified voters of the entire County will elect the member of the District 1 seat, the member of the District 2 seat, and the member of the At Large seat, all for four year terms. ^ YES. ^ NO." III.. This Resolution shall be published, shall be filed and indexed in the ordinance book of the County and shall be available for public inspection in the office of the Clerk to the Board of Commissioners, all as provided by law. IV, A map showing electoral District 1 and electoral District 2 is attached hereto and thereby made a part of this Resolution. V, As provided by law, if a majority of the votes cast in the November 6, 2006 special referendum are in favor of the plan submitted to the voters, the plan shall be put in effect, If a majority of the votes cast in the November 6, 2006 special referendum are against the plan submitted to the voters, this Resolution and the plan submitted to the voters are void.. This the _ day of , 2006. Ayes Noes Upon motion of Commissioner ,seconded by Commissioner , the foregoing resolution was adopted this the day of , 2006.. I, Domra S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Boaz'd at a meeting held on , 2006 as relates in any way to the adoption of the foregoing and that said proceedings aze recorded in the minutes of said Board. i,o WITNESS my hand and the seal of said County, this day of , 2006. Clerk to the Board of Commissioners i~ NORTH CAROLINA DRAFT Proposal D (residency only) ORANGE COUNTY RESOLUTION CALLING A SPECIAL REFERENDUM ON THE QUESTION OF AN ALTERATION IN THE STRUCTURE OF AND MODE OF ELECTING THE ORANGE COUNTY BOARD OF COMMISSIONERS WHEREAS, the Boazd of Commissioners has, from time to time, considered changing the structure and mode of electing the members of the Board; and WHEREAS, on January 24, 2005 the Board received a petition from citizens of the County, requesting the Boazd to alter the method and manner by which Orange County Commissioners are elected to include electoral districts; and WHEREAS, in response to the January 24, 2005 petition, Orange County staff presented a report to the Board on May 5, 2005, which report addressed: the legal framework for structure ofboards of county commissioners; 2. the various methods of at-large election, district election, and combination of at- large/district election utilized for boards of commissioners in the 99 other North Carolina counties; 3. a history of'past discussions by the Orange County Board of Commissioners in regard to Board representation and election; and 4. some limited boundaries and statistical information showing the population distribution as it may relate to the consideration/formulation of district representation for Orange County. WHEREAS, the Board considered the May 5, 2005 staff report, conducted public heazings and continued to work on the concept of altering the structure of the Board and on i~ specific alteration proposals since May 5, 2005, culminating in this Resolution calling for a special referendum on the structure of and the mode of electing members of the Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED, by the Orange County Boazd of Commissioners, pursuant to N.C, Gen, Stat. §§ 153A-58, 60, 61, 62, 6.3, 64 h there is hereby called a special referendum conducted in Orange County on November 6, 2006 on the question of whether there will be an alteration in the structure of and mode of electing the Orange County Board of Commissioners, II. The proposition that will be printed on the ballot is as follows: "Shall the structure of the Boazd of Commissioners of Orange County be altered as follows: change the board from five members to seven members; 2. change from the qualified voters of the entire County nominating all candidates for and electing all members of the boazd to a structure in which there is one three member district (District 1), one two member district (District 2) and two members at large; members shall reside in and represent the districts according to the apportionment plan adopted; the qualified voters of'the entire county shall nominate all candidates for and elect all members of the boazd. District 1 consists of that portion of Chapel Hill Township that is south of a line that begins at the boundary between Bingham Township and Chapel Hill Township, then goes east along the boundary of the Chapel Hill-Camboro and Orange County school administrative units to Eubanks Road; east along Eubanks Road to MLK, .Ir, Boulevard (State Highway 86); north along MLK, Jr, Boulevard to Interstate 40; east along Interstate 40 and ending at the 19 boundary between Orange County and Durham County. District 2 consists of the rest of Orange County. 3. The transition process is: 1) The first election for which this election system will apply will be in 2008, The three commissioners elected in 2006 will serve the remainder of their unexpired terms, Two of the three seats in District 1, one of the two seats in District 2 and one of the two At Large seats will become available in 2008. 2) Four commissioners will be elected in the 2008 election. The two commissioners whose terms expire in 2008, along with other qualified candidates, may choose to run for two of the three District 1 seats, for one of the two District 2 seats or for one of the two At Large seats. The qualified voters of the entire County will nominate candidates for and elect the members of the Dishict 1 seats, the member of the District 2 seat, and the member of the At Large seat, all for four year terms. 3) Three commissioners will be elected in the 2010 election, The three commissioners whose terms expire in 2010, along with other qualif ed candidates, may choose to run for one of the three District 1 seats, for one of the two District 2 seats or for one of the two At Large seats. The qualified voters of the entire County will nominate candidates for and elect the member of the District 1 seat, the member of the District 2 seat, and the member of the At Large seat, all for four year terms, ^ YES ^ NO." ao III. This Resolution shall be published, shall be filed and indexed in the ordinance book of the County and shall be available for public inspection in the office of the Clerk to the Board of Commissioners, all as provided by law. IV. A map showing electoral District 1 and electoral District 2 is attached hereto and thereby made a part of this Resolution, V. As provided by law, if a majority of the votes cast in the November 6, 2006 special referendum aze in favor of the plan submitted to the voters, the plan shall be put in effect. If a majority of the votes cast in the November 6, 2006 special referendum are against the plan submitted to the voters, this Resolution and the plan submitted to the voters aze void. This the _ day of , 2006. Ayes Noes Upon motion of Commissioner ,seconded by Commissioner , the foregoing resolution was adopted this the day of , 2006. I, Donna S, Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2006 as relates in any way to the adoption of the foregoing and that said proceedings aze recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2006. Clerk to the Board of Commissioners zooo cen5~5 em~l~ Voting PreclncLS ~~ ~~1 Rural Butter ©i-a ra ~~ pia •~ a m- Proposal B d •R IuAV~ Proaosal S The population nreuebers are from the 2000 Census. 115,5.31 =County Population 7 members 2 Districts 115,5.31/.3 = 38,510 Distr~icC 1 (1 member in district) = 38510 ("ideal population") 5% deviation +/- 1,926 Range = .36,584 to 40,436 District 2 (2 members in district) = 77021 ("ideal population") 5% deviation +/- 3,851 Range = 73,169 to 80,871 Deviation Dl =1.15% (38,953) D2 = 0,57% (76,578) 200g Census Blocks Wting Precincts c, Rural l3uRer Proposal D v,•' +k, a e. rM [n+~~~ Proposal D Tke population nau:bers are from the 2000 Ceusns. 115,531 =County Population 7 members 2 Districts 115,5.31 / 5 = 2.3,106 District 1 (3 members in district) = 69,.318 ("ideal population") 5% deviation +/- .3,466 Range = 65,852 to 72,784 District 2 (2 members in district) = 46,21.3 ("ideal population") 5% deviation +/- 2,.311 Range = 4.3,902 to 48,524 Deviation D 1 = 2.99 % (71,389) D2 = 4.48 % (44,142) Transition Process Proposal D (Residency and Nomination by District) 1) Individuals seeking election to the Board of Commissioners will be nominated to represent each pazty recognized in North Carolina. 2) To be eligible to run for, be nominated for and be elected to a district seat, a candidate must reside in the dishict. 3) The first election for which this election system will apply will be in 2008, The three commissioners elected in 2006 will serve the remainder of their unexpired terms, Two of the three seats in District 1, one of the two seats in District 2 and one of the two At Lazge seats will become available in 2008. 4) Four commissioners will be elected in the 2008 election. The two commissioners whose terms expire in 2008, along with other qualified candidates, may choose to run for two of the three District 1 seats, for one of the two District 2 seats or for one of the two At Large seats. The qualified voters of District 1 will nominate candidates for the District 1 seats. The qualified voters of District 2 will nominate a candidate for the District 2 seat. The qualified voters of the entire County will nominate a candidate for the At Large seat. The qualified voters of the entire County will elect the members of the District 1 seats, the member of the District 2 seat, and the member of the At Large seat, all for four yeaz terms. 5) Tkrree commissioners will be elected in the 2010 election. The three commissioners whose terms expire in 2010, along with other qualified candidates, may choose to run for one of the tluee District 1 seats, for one of the two District 2 seats or for one of the two At Large seats. The qualified voters of District 1 will nominate a candidate for the District 1 seat. The qualified voters of District 2 will nominate a candidate for' the District 2 seat, The qualified voters of the entire County will nominate a candidate for the At Large seat. The qualified voters of the entire County will elect the member of the District 1 seat, the member of the District 2 seat, and the member of the At Large seat, all for four year ternis. Transition Process Proposal D (Residency Only Districts) 1) Individuals seeking election to the Board of Commissioners will be nominated to represent each party recognized in North Carolina.. 2) To be eligible to run for, be nominated for and be elected to a district seat, a candidate must reside in the dishict. 3) The first election for which this election system will apply will be in 2008, The three commissioners elected in 2006 will serve the remainder of their unexpired terms. Two of the three seats in District 1, one of the two seats in District 2 and one of the two At Large seats will become available in 2008, 4) Four commissioners will be elected in the 2008 election. The two commissioners whose terms expire in 2008, along with other qualified candidates, may choose to run for two of the three District 1 seats, for one of the two District 2 seats or for one of the two At Large seats, The qualified voters of the entire County will nominate candidates for and elect the members of the District 1 seats, the member of the District 2 seat, and the member of the At Large seat, all for four year terms, 5) Tluee commissioners will be elected in the 2010 election, The three commissioners whose terms expire in 2010, along with other qualified candidates, may choose to run for one of the three District 1 seats, for one of the two District 2 seats or for one of the two At Large seats, The qualified voters of the entire County will nominate candidates for and elect the member of the District 1 seat, the member of the District 2 seat, and the member of the At Large seat, all for four year terms. ~~ 2000 Census Blocks Voting Precincts c_a~~ Rural Buller ~~mu~ w~~ Commissioner Carey's Proposal `.VI. yF ~i "' ad.0 _..._ Commissioner Carey's Proposal Tke population: numbers are from the 2000 Census. 115,531 =County Population 7 members 2 Districts 115,5.31/6 = 19255 District 1 (4 members in district) = 77021 ("ideal population") 5% deviation +/- 3,851 Range = 73,169 to 80,871 District 2 (2 members in district) _ .38510 ("ideal population") 5% deviation +/- 1,926 Range = .36,584 to 40,436 Deviation D1 = 0.57% (76,578) D2 = 1.15% (.38,953) Transition Process Carev Proposal (Residency and Nomination by District) 1) Individuals seeking election to the Board of Commissioners will be nominated in prirnazy elections to represent each party recognized in North Carolina. 2) To be eligible to run for, be nominated for and be elected to a district seat, a candidate must reside in the district. 3) The first election for which this election system will apply will be in 2008. The three commissioners elected in 2006 will serve the remainder of their unexpired terms, Two seats in District 1, one seat in District 2 and the At Large seat will become available in 2008. 4) Four commissioners will be elected in the 2008 election. The two commissioners whose terms expire in 2008, along with other qualified candidates, may choose to run for two of the four District 1 seats, for one of the two District 2 seats or for the At Large seat. The qualified voters of District 1 will nominate candidates for the Disfrict 1 seats. The qualified voters of District 2 will nominate a candidate for the District 2 seat. The qualified voters of the entire County will nominate a candidate for the At Large seat. The qualified voters of the entire County will elect the members of the District 1 seats, the member of the District 2 seat, and the member of the At Lazge seat, all for four year terms. 5) Three commissioners will be elected in the 2010 election. The three commissioners whose terms expire in 2010, along with other qualified candidates, may choose to run for two of the four District 1 seats or for the District 2 seat.. The qualified voters of District 1 will nominate candidates for the District 1 seats. The qualified voters of District 2 will nominate a candidate for the District 2 seat. The qualified voters of the entire County will elect the members of the District 1 seats and the member of the District 2 seat, all for four yeaz terms. Transition Process Carey Proposal (Residency Only Districts) 1) Individuals seeking election to the Board of Commissioners will be nominated in primary elections to represent each party recognized in North Carolina.. 2) To be eligible to run for, be nominated for and be elected to a district seat, a candidate must reside in the district, 3) The first election for' which this election system will apply will be in 2008. The three commissioners elected in 2006 will serve the remainder of their unexpired terms, Two seats in District 1, one seat in District 2 and the At Large seat will become available in 2008.. 4) Four commissioners will be elected in the 2008 election, The two commissioners whose terms expire in 2008, along with other qualified candidates, may choose to run for two of the four District 1 seats, far one of the two District 2 seats or for the At Large seat. The qualified voters of the entire County will nominate candidates for and elect the members of the District 1 seats, the member of the District 2 seat, and the member of the At Large seat, all for four year terms. 5) Three commissioners will be elected in the 2010 election. The three commissioners whose terms expire in 2010, along with other qualified candidates, may choose to run for two of the four Dishict 1 seats or for the District 2 seat. The qualified voters of the entire County will nominate the candidates for and elect the members of the District 1 seats and the member of the District 2 seat, all for four year terms..