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HomeMy WebLinkAboutAgenda - 06-27-2006-9bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: .June 27, 2006 Action Agenda Item No. q - b SUBJECT: Consideration of a Resolution on District Elections for the Board of County Commissioners for a November 2006 Referendum DEPARTMENT: County Attorney, Planning, County Commissioners, Elections, & County Manager PUBLIC HEARING: (Y/N) Na ATTACHMENT(S): Citizen Petition Cover Sheet Draft Principles Draft Process/Timetable Copy of N.C, Gen. Stat. § 153A-60 10/26/05 County Attorney Letter Regarding Redistricting May 1, 2006 Letter from County Attorney Draft Resolutions: "Proposal D" (residency only) "Proposal D" (residency and nomination by district) 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 THIS ITEM WAS DEFERRED FROM JUNE 13, 2006 BOCC REGULAR MEETING DUE TO TIME CONSTRAINTS. PURPOSE: To provide an opportunity for 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 acid 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-latge 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 stricture 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; 3) a history of past discussions by the Orange County Board of Commissioners in regard to Board representation and election; 4) same 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 isstae 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 on the map that the Board of Commissioners adopt," The Board then briefly discussed district elections at the .January 20, 2006 BOCG Retreat as part of the "Priorities" review. At a February 16, 2006 work session, the Board ftarther 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 far 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 further 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 Nill 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 215f 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 plans were also developed, and the seven-member maps/plans and other materials were part of the Board's mast 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 for 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 for 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 stricture of the Board to "Proposal B," the County Attorney determined the Board structure 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 stattutory 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 Bcard's consideration of next steps an district elections for the Board of County Commissioners for a November 2006 4 referendum. There would be some costs 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 2006 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 5 Fair and Equal Aistrict Representation --J on the Orange County Board 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, alt of diverse racial and ethnic self identifications. It is important in our democracy that the diversity of the commtmity be reflected in its chosen representatives. For this reason North Carolina Law permits the voters of counties to choose catnrnissioners by electoral districts with each district being as nearly equal in population as practicable. Further, North Carolina I.aw permits the qualified votet~s of each district to nominate candidates and elect members who reside in the district for seats apportioned to that district. It is also permissible to have some commissioners allocated to the county as a whole, whom the qualified voters of the entire county nominate and elect. (NCGS §153-58(3)b) Currently all Osage County Commissioners are elected countywide. Thus the large city and urban population in and around Chapel Hill and Carrboro control the electoral process while the more rural areas of the county Pack the population to elect someone from their areas who would bye able to represent their views in the deliberations and decisions of the Orange County Commissioners. T'he undersigned residents of Orange Gaunty petition the Orange County Board of Commissioners to alter the method and manner by which Orange County Commissioners are elected to afford equal and fair representation to the residents afthe county by adopting NCGS §153-Sg(3)b, permitting the voters of Orange 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 for seats apportioned to that district and that some commissioners, but not more 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 rnajority of the members of the Board of Commissioners. 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 commissioners 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 Heazing 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 Regular Meeting February 2006 February 16, 2006 BOCC Work Session to Schedule Further Discussion at a Work Session - BOCC approved motion for November 2006 Referendum Additional Discussion and Review of Draft Maps/Plans 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 Commissioners March 21, 2006 Additional Discussion and Review of Draft BOCC Regulaz 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 June 2006 June 13, 2006 Consideration of a Resolution on District Regular Meeting Elections for the Board of County Commissioners for a November 2006 Referendum -Consideration deferred due to time constraints FUTURE (Proposed) June 2006 .Tune 27, 2006 Consideration of a Resolution on District Regular Meeting Elections for the Board of County Commissioners for a November 2006 Referendum November 2006 Referendum by County Voters on BOCC- 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 ART. 4. FORM OF COVERNIJIENT §153A•6( Local Modification. -- (.4a to Part 4 of Article 4) Blades: 1967, a 646; bare: 1991, Ex Seas„ a 2, a 4 CAs to applica6ffity and contln- genry provisions, sae 1991 Session Laws, Es, Sesa., a 2, s. 7); Ise (ea to Pert 4 and G,S. 153-4-58):1989, c. 195, ss. 4, 5 (eSective June i, 1969, but only applicable to resolutions ap• proved oa or before Aug. 1, 199D), ae emendei >>y 1989, c 770, s, 43. I+ae (as to $art 4 end G..S SSSA~SBl:1969, a 195, se, 4, 5 (effective June 1 1988, brit only epplicebL3 to resolutions ap proved on or before Aug. 1, 1990), ss amendai by 1989, a 770, s. 43. C99E NOTE6 Cited in Ratclifiv County of Buncombe, 759 Fed 1189 (4ch Cir. 1985); Ratcliff ¢ County of Buncombe, 663 F. Supp. 10D9 (W.D.N~C. 1987, § 158A•59. fmplementatioa when board has members serving a combination of four- and two•yeax terms. If the structure of the board of commissioners is altered to establish a boars with an odd number of members servingg a combination of four- and two,year terms of office, the new structure shall be implemented as follows~ At the first election all members of the board shall be elected A simple majority of those elect>_d shall be elected fortwo-year terms,' and the remaining members shall be elected for four-year terms. The candidate or cax)didates receivmg the highest number of votes shaII be elected for the four-year terms. At each subsequent general election, s simple majority of the board shall be elected Thst candidate who is elected with the least number of votes shall be elected for atwo-year term, and the other member or members elected shall be elected for four-year terms. (1927, c. 91, s. 3; 1969, a 717, s, 1; 1973, G 822, s. 1.) § 153A-60. Initiation of alterations by resolution. ' The board of commissioners shall initiate any alteration in the structure of the board by adopting a resolution. The resolution shall: (1) Briefly but completely describe the proposed alterations; (2) Prescribe the manner of transition from the existing structure to the altered structure; (3) Define the electoral districts, if say, and apportion the members among the districts; (4) Call a special referendum on the question of adoption of the alter- ations. The referendum shall 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 oa anq date set by the board of county commission- ers, provided, that such referendum shall nat be held within the penod of time be rig 60 days before and ending 60 days alter any other primary, a ection, special election or referendum held in the county Upon its adoption, the resolution sbaA be p'uhlished in full. (192?, c, 91, s. 4; 1969, c. 71.7, s. 1; 1973, c. 822, s. 1; 1977, c. 362.) Loea! Modification. -Craven: 2901-447, n. 7Y, Lee:1988, a 195, s. l (effective Juae 1,1968, i (applicble only to resolutions adopted before brit only applicable to resolutions approved on January 1, 2D02); Daze: 1991, Ex. Bess, 0.Z, a. or before Avg. i, 1990); Wayne: 1987, e.. 119 1 fAa to applicability cad contingency prod- (only applicable to rneolvtions appmved on or lions, sae 1891 Session Lams, Er. Sesa., a. 2, s. befom Nov. 30, 1.968). 925 .'"+ F ~i x. w :;n lG +~ .. ds `~'i eY i4i J _.~.-' LAW OFFICES COLEMAN, GLEDHILL., HARGRAVE & PEEK A PROFESSIONAL CORPORATION 129E 7RYON 5771EET P A.. DRAWER 1529 HILLSBOROUGH, NORTH CAROLPIA 27278 919~73bZi96 PAX 919-732.7997 vnvw.cgandh. com October 26, 2005 Moses Carey, Jr., Chair Valerie P. Foushee Alice M, Gordon Stephen Halkiotis obs 10 FROM 7FIE DFSi: OF GEOFFREY E.. GLEDHILL EMAIL geoReeYClydhlilC 4'~^dhsom Barry Jac Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27276 gE; Redistricting in a District Election System Dear Board Members: This letter summarizes how redistricting would work were Orange County to elect its Commissioners in whole or in part by (1) districts for the purpose of nominating or electing°persons to the Board of Commissioners or (2) districts for residency purposes only. North Carolina Grocess ofaredistricting2whereaelectoral requirement and the P ur ose of nominating or electing persons districts are for the p P it creates a to the Board of Commissioners. GeneroflpopPlation among the standard of "substantial inequality districts," and provides that the Board of Commissioners, by resolution, can redefine then ulationaamongtthetdistricts~nTheto substantial inequality of p p must be "redefined" electoral districts, after redistricting, °as nearly equal as practicable." And, the redefined electoral districts must meet the constitutional, one person. one vote requirement. If a district plan approved by the voters is a residency only one, there is no statutory mechanism for redistricting by resolution of the Board ofanCoothersreferendumecreatinglthe would have to be done either by redefined districts or by special act or authority of the ~"" ~. ~~ ll orange County Board of Commissioners Page 2 October 26, 2005 General Assembly. With a copy of this letter is a copy of Chapter 80 of the 1995 Session Laws which authorizes Chatham Covnty to redistrict its residency only county commissioner districts in essentially the same way as the general law allows all counties to redistrict electoral districts that provide for nominating or electing persons by district. Very truly yours, COLEMAN, GLEDHiLL, HARGRAVE & PEER, P.C. 11 GEG/lsg Enclosure xc: John M. Link, Jr. lsg:letters\bdofcom redistricting ltr.doc ~a §1JJA-2V CH. i59-i CGLis"Pico §1a3~ 22 ' County Bonds Not to Be Issued for c2oad township or local taxi, g district therein, upon purposes of Oae Township or 7aazng Dis- 'tae approval of the c°oter> of the particular trict. - While the builaing of public rows has district alone. and ~~thovt benefit to the others. "` been held a necessary axpense, applicatio& of Cossiissioaer of Johnston County v, Lacy, 17$ the principle mac noc be extended W instattces N C. 111, 9u S..E. d92 (191 i 1. ' ` where a statute requues the county to issue its Cited in P1ver Birch assocs. v. City of P.a- . bonds for road purposes to obtain aid fcr a lei~h. 336 N C. 100, 9&3 S E3d 539 ~ 1990 § la3A-20. lYlap of electoral districts. If a county is dvided into electoral districts for the purpose of nomi~zating or electing persons to the board of commissioners, the current boundaries of the electoral districts shaIl at all times be.drawn on a map, or set out in a written description, or shown by a combination of these techniques. This current delineation shall be available for public inspection in the office of the clerk. 11973, c. 822, s.. l.) § la"3.~-21: Repealed by Session Laws 1913, c, 88?. Editor's Note. -Session Laws 1915, c. 399, applicable oily to Robeson County; reenacted this section. § 153,.-22. Redefining electoral district boundaries. (a) If a couniy is divided into electoral districts for the purpose of nominat- ing or electing persons to the boazd of commissioners, the board of commis- sioners may find as a fact whether there is substantial inequality ofpopulation among the districts. (b) If the board finds tl-.at ther=_ is substantial inequality of population among the districts, it may 6y resolution redefine the electoral districts. (c) Redefined electoral districts shall be so drawn that the quotients obtained by di•~iding the pppulatien of each district by the number of commis- ,. sioners apportioned to the district are as nearly equal as practicable, and each district shall be composed of territory w2thin a continuous boundary. (d) No change in the boundaries of an electoral district may affect the unexpired term of office of a commissioner residing in the district and serving on the board on the effective date of the resolution. If the terms of ofce of members of the board do not all expire at the same time, the resolution shall state which seats are to be filled at the icitial election held under the resolution. (.e) A resolution adopted pursuant to this section shall be the basis of ' electing persons to the board of commissioners at the first general election for members of the board of commissioners occurring after the resolution's effective date, and thereafter. A resolution becomes effective upon its adoption, `-' unless it is adopted during the period beginning 1~0 days before the day of a < primary and ending on the day of the next succeeding general election for membership on the board of commissioners, in which case it becomes effective ' on the first day after the end of the period. (fl Not later than 10 days after the day on which a resolution becomes effective, the clerk shall file in the Secretary of State's office, in the office of the registar of deeds of the county, and with the chairman of the county boazd of elections, a certified copy of the resolution, (;) This section shall not apply to counties whore under G.S. 153A-58(3)d. or under public or local act, districts are for residence purposes on13; and the 912 - ~3 . r C x_22 p §1j3~-23 P.RT. ~ FORi1 OF G04~RIv'YlE~T §1j3A-27 z upon quali~ed voters of the entire county r_ominata all candidates for and elect all nilar members of the board. (1981, c.. 755.) hers. - ' 174 ~ Local 3foditication.. -Dare: 1991, E.e. anY previous action under G S. 153A-22." Sea . ~: ~=. Sess., c 3, ss. 4-5.1 t?s to applicability and Gan 1 provides: "Chapter 136, Sessiaa Laws et contiagencyprociiens,see'9915essionLaws. 139i, (relaiin; io es_nanding and redistricting a Er. Sess.., c. ?, s.. 7). the Guilford County Board of Commissionersl. ~` Editor's Note. -Session Laws 1993, c. 521, is reenacted." it s, 2 proridas: "Section 1 of this act supersedes „' ~. `he F §§ 153A-23, 153A-2~: Reserved for firture codi&cation purposes.. .ARTICLE a. Form of Government. Part 1. General Provisions, § 153A-~5. Qnali$cations for appointive oS5ice. The board of commissionars'may fix qualifications for any appointive office, induding a requirement that a person sen~ing in such an office reside within the 'county The board may not waive qualifications fixed by law for an appointive oince but may fix addifional qualifications for that office. (1973, c, 822, s. 1.) } § 153A-26. Oath. of office. k_ . ~. ' Each person elected by the people or appointed to a county office shall, before entering upon the duties of the office, take and subscribe the oath of office prescribed in Article VI, Sec. 7 of the Constitution, The oath of office shall be ~' administered by some person authorized bylaw to administer oaths and shall be filed with the clerk. F On the first ?Monday in December following each general election at which county officers aze elected, the persons who have been elected to county office r;: in that election shall assemble at the regular mee±ing place of the board of z"", commissioners. At that time each such officer shall take and subscribe the oath of office. An officer not present at this time may take and subscribe the oath at ~`"~ a later time. (1868, o. 20, s. 9; 1874-j, c. 237, s.. 3; Code, s. 707, 708; 1895, c, ~ 135, ss. 3, 4; Rev, ss, 1316, 1318; C.S., ss. 1'295, 1297; 1965, c. 26; 1973, c. 822, ,,, s. 1.) of a CASE NOTES Applied in P.atclin` v. County of Buncombe, 663 F. Supp. 103 (W.D.N.C. 19871,. § 153A-27. Vacancies on the board of commissioners. If a vacancy occurs on the boazd of commisioaers, the remaining members ~; of the board shall appoint a qualified person to fill the vacancy If the number of vacancies on the bcazd is such that a quorum of the board cannot be h _ 9i3 %: Sl, 1995-801 http://www.ncga.state.ne.us/Sessions/1995Bills/Hoe GENERAL ASSEMBLY OF NORTH CAROLINA ~~ 1995 SESSION RATIFIED BILL CHAPTER 8Q HOUSE BILI, 657 AN ACT MAKING SUNDRY AMENDMENTS CONCERNING LOCAL GOVERNMENTS 1N CHATHAM COUNTY. FOX TRAPPING SEASON Section 1. (a) Notwithstanding any other provision of law relating to trapping of foxes, there will be open season for taking foxes with traps of the leghold type no larger than one and one-half, with coil spring and with trap chain and at least three swivels set an dry land with solid anchor. No trap larger than number one and one-half coil spring may be used. This season shall be from-December 1 to February 15 of each year. (b) No person shall place traps on the land of another witholut first obtaining written permission from the landowner or lessee. (c) There shall be no bag limit for foxes taken during the trapping season established in this section. (d) The Wildlife Resources Commission shall provide for the sale of foxes taken lawfully pursuant to this section. (e) This section applies only to Chatham County. (fj This section becomes effective October 1, 1995. ALLOW CENTRAL CAROLINA COh!fMUNITY COLLEGE TO LEASE CERTAIN PROPERTY TO THE CHATHAM COUNTY COUNCIL ON AGING Sec. 2. (a) Notwithstanding G.S. 115D-15, the Soard of Trustees of Central Carolina Community College may lease a portion of its real property in Center Township of Chatham County, and grant necessary easements for utilities, to the Chatham County Council on Aging, Inc., upon such terms and conditions as it shall determine in its discretion. (b) This section applies only to the proposed lease of property in Chatham County. CHATHAM SCHOOL BOARD/COUNTY COMMISSIONER ELECTIONS Sec. 3. (a) The Board of Education of Chatham County shall consist of five members who shall be qualified voters of the County, and who F4 10/26/2005 10:23 A -~- ---~ ~~, uuY.iiwww.u~5asrate.nc.usi~essions/lyy5/t3~° shall be elected as hereinafter provided for staggered terms of four years. 15 ~~ (b) For the purpose of electing members of the Board of Education, the County is hereby divided into four resident districts as follows: District Number One shall consist of all the territory within the boundaries of the precincts of Bynum, West Williams, East Williams, and New Hope. District Number Two shall consist of all the territory within the boundaries of the precincts of East Pittsboro, West Pittsboro, West Mann's Chapel, and East Mann's Chapel. District Number Three shall consist of all the territory within the boundaries of the precincts of Cape Fear, Haw River, Oakland, Goldston, and .Harpers Crossroads. District Number Four shall consist of all the territory within the boundaries of the precincts of Bennett, Bonlee, South Siler City, North Siler City, Albright, Hadley, and Hickory Mountain. (c) The election shall be nonpartisan, and no primary election shall be held. The election shall be held at the same time as the regular primary for county officers, and except as provided in this section, the election shall be conducted in accordance with the applicable provisions of Chapter 163 of the General Statutes regulating general elections. (d) Beguuiing in 1996, and thereafter as the terms expire, one member shall be elected from Districts 1 and 2 for terms of four years. In 1998, and thereafter as the terms expire, one member shall be elected from District 3, and two members from District 4 for terms of four years. (e) Candidates must reside in the district which they seek to represent, but shall be voted on by the voters of the entire County. The candidates in each district receiving the highest number of votes, equal to the number of positions to be filled in the district, shall be declared elected. (f) The provisions of G.S. 115C-37, except for subsection (i), shall be applicable to the members of the Chatham County Board of Education. (g) Chapter 501 of the Session Laws of 1975 is repealed, except for Section 6. (h) Article 3 of Chapter 1 S3A of the General Statutes is amended by adding a new section to read: 2 of 4 10/26/2005 10:23 A "'L 199>-80] '° `" ... _/ t '~ "~ 153A-22 1 RedefninQ residenc district boundaries. ~~ `Residency district' means a district in which the candidates reside ~'~i` and represent the district but the candidates are voted on in the primaries and __ Ta .«. ..~...~en ... . ~ under the resolution. A resolut the register of deeds or the coun~ d~~u W,«~ «~~ ~__~=•=~.u.. ~- __ _ _ _ of elections a certified copy of the resolution- f~ ThiG section applies to Chatham County_only" CHATHAM SCHOOL BOARD TIME OF TAKING OFFICE Sec. 4. Section 6 of Chapter 501 of the Session Laws of 1975 ~nnFnnns 7n•~~ a ,f 4 ..~~/ GJt. i»J~04~ mrp:nwww.ncgastate.nc,us/Sessions/1995/F~~'° I~ ~+~ reads as rewritten: ~, "Sec. 6. The provisions of G.S. ~1-5-~~4-115_ C_37(f~ shall be applicable to the members of the Chatham County Board of Education. ~'he persons elee-ted-shill-qu~l~i~~-t ~~ ;,~t~~th--e~of€ee-30-days-a-~e~l~e-eleEtiorr. The members of the Chatham ounty Board of Education shall hold a meeting on the first Monday in December following the election At that meeting newly elected members of the Board of Education shall ualify_by taking the oath- of office as prescribed in Article VI Section 7 of the Constitution." day of May, 1995. Dennis A. Wicker President of the Senate Harold J. Brubaker Speaker of the House of Representatives Sec. S. This act is effective upon ratification. In the General Assembly read three times and ratified this the 11th 4 of4 10/26/2005 7023 A LAW OFFICES COLEMAN, CLEDHIL.L., NARGRAVE &. PEEK APROFESSIONAL CORPORATION 129E TRYON STREET' P. O. DRAWER 1529 HILLSBOROUGH. NORTH CAROLINA 27278 919~732~2196 FAX 919732-7997 www.cRandh com Barry Jacobs, Chair Moses Carey, Jr. Valerie P, Foushee Alice M. Gordon Stephen Halkiotis Orange County Board Post Office Box 8181 Hillsborough, North May 1, 2006 of CommissiwTers Carolina 27278 i~ FROhf THE DESK OF GEOFFREY E.GLEDHILL E-MAIL: grnRrcypJdWli~cg+nJh.com RE: Modification in the Structure of 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 Hill 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 cc•mpliance 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 alteration which contains a combination of districts and at-large seats unless "no more than half the Board [is] apportioned to the county at-large." Since 1~ 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. ~ 153A- 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. offrey /~. Gl~dhill GGG/lsg 6 ~.._. xc: Brian Carson David Hunt John M. Link, Jr, Greg Wilder 1sq:leCters\bdofcom modification of structure ltr.doc a~ 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 WI-IEREAS, the Board of Commissioners has, from time to time, considered changing the structure and mode of electing the members of the Board; and WHEREAS, on Januazy 24, 2005 the Boazd received a petition from citizens of the County, requesting the Board to alter the method and manner by which Orange County Commissioners are elected to include electoral districts; and WHEREAS, in response to the .lanuazy 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-lazge 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 boundazies and statistical information showing the population distribution as it may relate to the consideration formulation ofdistrict representation for Orange County. WHEREAS, the Board considered the May 5, 2005 staff report, conducted public hearings and continued to work on the concept of altering the structure of the Board and on ai 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 Board of Commissioners, pursuant to N.C. Gen. Stat. §§ 15.3A-58, 60, 61, 62, 6.3, 64 I. 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 Boazd of Commissioners. II. The proposition that will be printed on the ballot is as follows: "Shall the shucture of the Board of Commissioners of Orange County be altered as follows: change the board from five members to seven members; 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 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 board. 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-Carrboro and Orange County school administrative units to Eubanks Road; east along Eubanks Road to MLK, Tr, Boulevard (State Highway 86); north along MLK, 7r. 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 tluee 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, 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 Lazge 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. 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 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 0 NO." a3 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 Clerlc 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 referendtun 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, Donna S. Baker, Clerk to the Board of Conunissioners 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 are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2006. Clerk to the Boazd of Commissioners a4 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 Januazy 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 Tanuary 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/dishict 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 staff report, conducted public hearings and has continued to work nn the concept of altering the structure of the Board and on specific alteration as 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 Board of Commissioners, pursuant to N.C. Gen. Stat, §§ 15.3A-58, 60, 61, 62, 6.3, 64 I, 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 Boazd of Commissioners, II, The proposition that will be printed on the ballot is as follows: "Shall the structure of the Board of Commissioners of Orange County be altered as follows: 1. change the boazd 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 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 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 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-Carrboro and Orange County school administrative units to Eubanks Road; east along Eubanks Road to MLK, .Jr, Boulevard (State Highway 86); a~ 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 ofDistrict 2 will nominate a candidate for the District 2 seat. The qualified voters of the entire County will nominate a candidate for the At Lazge 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 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 a~ 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. N, 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, Dorma 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 are recorded in the minutes of said Board, ~8 WITNESS my hand and the seal of said County, this day of , 2006. Clerk to the Board of Commissioners y-- 0 r- 4 D1 D (38,953) B a ~~ ~ ~. ~ '~ ' n / Y./ '+' r r~ f ~ _ / „ y ~ j l ~~ '"w ~ r a ~ r rr-+" Y ° Y - -hy. ~~ " Y ~ rf or ~ ~ :~ ,, 7 Member Proposal ~ ~; ~ v ~ D1 = 1 Member ~ ~ ~ ~~~ ~ D2 = 2 Members ' ~ '~ 7 578) ( 76 ~ ~r 4 At Large ~~: ~ rr r~ ~ , -; a ~ ~:. ~ ~ ~ : . ~ r- ~, " ~ Dt n'om'" w'a -.r a; d ' ~ yr r r 9 D2 N ~ ~ ss°io _ cs Orarge County Planning and inspatbns Department GIS Ma P aretl Brian CamnA di 192DW 2000 Census BlocNs Vo(ing Predncls ~ ~_~ ftural8uf(er Proposal B ~..a q S ~ v ~+ n.A~J Proposal B The populatiwt numbers nre./ront the 2000 Census. 115,531 =County Population 7 members 2 Districts 115,5.31/3 = 38,510 District 1 (1 member in district) = 38,510 ("ideal population") 5% deviation +/- 1,926 Range = :36,584 to 40,436 District 2 (2 members in district) = 77,021 ("ideal population") 5% deviation +/- .3,851 Range = 7.3,169 to 80,871 Deviation D1 = 1.15%(38,95.3) D2 = 0.57% (76,578) o s - a. D D2 ( 44;142) r~ ~., ~ ,' ,, ~'w ' a k a 6' 7 Member Proposal D1 = 3 Members D2 = 2 M b em ers "- ~ ~ 2 At Large r ; ~ , `s D1 ~`'° .u oz . A c ;(71;389) ~ ,, ~ aai, .x , '~~, a ~ o~ sz i ~ ~~ ~ ~ Orange County Planning and Inspations OepaNnent GIS Ma Pr amd atlan CarmnA dl i9 2006 2000 Census Blocks Wting Precincts ~.,~.~a p .~ R Rural Buller Proposal D p.a. v F a v. ", e.~N° Proaosal D The poprrlatiou nrrutbers are fion: the 2000 Census. 115,531 =County Population 7 members 2 Districts 115,5.31 / 5 = 23,106 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 D1 = 2.99 % (71,389) D2 = 4.48 % (44,142) Transition Process Proposal D (Residency Only Districts) ]) 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 district.. 3) The first election for which this election system will apply will be in 2008. The tluee 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 ofthe 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) 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 ofthe tluee District 1 seats, for one ofthe 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. 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 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 of the three seats in District 1, one of the two seats in Dishict 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 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 qualif ed 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, 5) Three commissioners will be elected in the 2010 election. The three commissioners whose terns 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 Lazge 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 terms. 2000 Census Blocks Voting Prednds yPe~., aRUral Buller a~p~~z Commissioner Carey's Proposal Von YS 0 ~..~~ Commissioner Carey's Proposal The poprlation nun[bees are, frost the 2000 Cessss. 115,531 =County Population 7 members 2 Districts 115,5.31/6 = 19,255 District 1 (4 members in district) = 77,021 ("ideal population") 5% deviation +/- 3,851 Range = 7.3,169 to 80,871 District 2 (2 members in district) _.38,510 ("ideal population") 5% deviation +/- 1,926 Range = .36,584 to 40,436 Deviation DI = 0..57% (76,578) D2 = 1.15% (.38,95.3) Transition Process Carev Proposal (Residency Only Districts) I) Individuals seeking election to the Boazd 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, for 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 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 the entire County will nominate the candidates for and elect the members of the Dishict 1 seats and the member of the District 2 seat, all for four year terms, Transition Process Carev Proposal (Residency and Nomination by District) 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, for ane ofthe two District 2 seats or for the At Lazge 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 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. 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 year terms..