HomeMy WebLinkAboutCFE agenda 02142022 AGENDA
Orange County Commission for the Environment
February 14t", 2022
7:30 p.m. Virtual Meeting
Time Item Title
7:30 I. Call to Order
7:31 II. Additions or Changes to Agenda
7:35 III. FY 2022-23 Orange County Outside Agency Application
CFE will review an application from Piedmont Wildlife Center for County funding and provide
ranking via the Orange County Outside Agency Application Scorecard. Action needed
(Attachment 1-Item previously sent under separate cover)
8:20 IV. Working Group Review of CFE Bylaws and Policy
The Chair will discuss the current review of the CFE bylaws and Policy to ensure adherence to
BOCC adopted Advisory Board Policy and BOCC Rules. (Attachment 2)
8:30 V. Opportunities for Earth Day Outreach
Staff and CFE will discuss the upcoming Orange County Earth Evening event,and other
opportunities for outreach in relation to Earth Day.
8:55 VI. Updates and Information Items
Staff and/or CFE members will provide updates on the following items:
Any other new information from CFE members and staff
9:00 VII. Adjournment
*Next Meeting Date: March 14rh, 2022;if requested by CFE
(Virtual)
Attachment 1
r�
Steward Ingram & Cooper PLLC�
CERTIFIED PUBLIC ACCOUNTANTS
December 29, 2021
Ms. Bonnie Hammersley
Orange County Manager's Office
P.O. Box 8181
Hillsborough,NC 27278
Re: Piedmont Wildlife Center Inc. —June 30, 2021 - Financial Statement Audit
Engagement
Ms. Hammersley:
We have been engaged to audit Piedmont Wildlife Center Inc's financial statements for
the year ended June 30, 2021. This engagement is currently in process with an expected
completion date of January 31, 2022.
Sincerely,
Steward Ingram& Cooper PLLC
?�i'" 6. -- O, CPA
Stephanie B. Holt, CPA
Member
3608 Shannon Rd Suite 105 1 Durham,NC 27707 3120 Highwoods Blvd Suite 207 Raleigh,NC 27604
PO Box 41168 1 Raleigh,NC 27629 PO Box 41168 Raleigh,NC 27629
919.493.2603 1 fax 919.489.6304 1 www.stewardingram.com 919.872.0866 1 fax 919.872.2659 1 www.stewardingram.com
COVER PAGE
Applicant Contact Information
Applicant Organization's Legal Name: Piedmoht Wildlife Center
Applicant Organization's Physical Address:364 Leigh Farm Rd Durham, NC 27707
Applicant Organization's Mailing Address:364 Leigh Farm Rd. Durham, N 27707
Applicant Organization's Web Address:WWW.PiedmontWildlifeoenter.ofq
Executive Director:Karen McCall
Telephone Number:919-489-0900 E-Mail:karenmlNpiedmontwildllfecenter.oTq
Tax ID Number:
mw
Funding Request
Please list all Fiscal Year 2023 Human Services tHS)funding requested for all Programs and the proposed use of funds
7Penonrel
,list program name only) _
m CarrhnrP- Chawl Orange Total
HS Hill-HS County-HS
epers Afferschool Program $3,000 $8850 $11,850
O erations rations
Earthkeepers Afterschool program supplies $150 $150
Totals $3000 $%000 $12,000
Lover Page Page 3 of 21
Briefly explain your proposed use of funds:
As part of our mission to connect people end nature, Piedmont Wildlife Center offers
afterschool programs, camps, and other educational programming for children ages
5-17 in Orange and Durham Counties, Through our outdoor programs, students
connect with nature, learn about the local environment, hone awareness skills, and
build a desire to protect our environment. They also develop valuable mental,
emotional, and interpersonal skills, which in turn improve their academic
perlormance and general well-being. Indeed, studies show that when children spend
timer outside, it improves their ability to learn, reduces stress and anxiety, makes
students more engaged and interested, develops self-discipline, and improves
leadership aptitude.
(https://areateraood.berkelev.edu/article/item/six ways nature helps children learn
We intend to use the proposed grant to support our educational "Earthkeepers"
program. This is an expanded afterschool program at Carrboro Elementary, Orange
Middle, Gravely Middle, and A. L. Stan back Middle School.
We oreviously ran the Earthkeepers afterschool program at Camboro Elementary
and currently operate other programs at the Brumley Nature Preserve for teacher
workdays. Due to the changes of the pandgmic, we are still running afterschool at
our Durham site but are on hold at Carrboro Elementary.
All students enrolled in afterschool at Carrboro Elementary participated free of
charge once a week for 8 weeks in both fall and spring semesters. This gave us a
great opportunity to connect with students Who would not normally sign up for a
program like this, getting them outside and helping them learn how we are all
connected and part of the natural world. We are working towards setting up this
same format at Orange Middle, Gravely Hill Middle, and A.L. Stan back Middle
School for one day a week for 8 weeks with the goal to begin those programs spring
of 2622.
Funds from this grant will go to support staff salaries and supplies so we are able to
operate the programs at each school for all students in afterschool free of charge.
To the best of my knowledge and belief all Information and data In this application Is true and current. The document
has been duly authorized by the governing board of the applicant.
Signature: A, LD i � l2lZo�-
Executiv Date
Signature:
person Date
Cover Page Page 4 pr 21
DISCLOSURE OF POTENTIAL CONFLICTS Of INTEREST AND NON-DISCRIMINATION CLAUSE
Are any of the Board Members or employees of the agency,which will be carrying out this program,or members of their
immed late families,or their business associates.
YES NO
❑ X a) Employees of or closely related to em "loyees of the Town of Carrboro, the Town of Chapel Hill, or Orange
County?
❑ X b) Members of or closely related to men bers of the governing bodies of the Town of Carrboro,the Town of
Chapel Hill,or Orange County?
❑ X c)Current beneficiaries of the program for,which funds are being requested?
❑ X d)Paid providers of goods or services to the program or having other financial interest in the program?
If you have answered YES to any question, please prx vide a full explanation below.
NON-DISCRIMINATION
Provider agrees as part of consideration of t e granting of funds by funding agencies to the parties hereto for
themselves, their agents,officials,employeesInd servants agree not to discriminate in any manner of these basis
of race, color, gender, national origin, age, handicap, religion, sexual orientation, gender identity/expression,
familial status or veterans status with refer4ce to any activities carried out by the grantee, no matter how
remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County
Civil Rights Ordinance, as amended and the Orange County Anti-discrimination Policy. This provision is enforced
by action for specific performance, Injunctive relief, or other remedy as by law provided; this provision shall be
binding on the grantees, the successors and assigns of the parties hereto with reference to the above subject
manner.
To the best of my knowledge and belief,all of the above information Is true and current. I acknowledge and
understand that the existence of a potential conflict of Interest does not necessarily make the program ineligible for
funding, but the existence of an undisclosed conflict may result in the termination of any grant awarded.
Signature: /X Qn.e , -7P7 ` & l Zz> Z Z
Executive D' Date rrl�
Signature:
Bow
Cover Page Page 5 of 21
Outside Agencies/Human Services
CAGENCY INFORMATION
Please provide the following information about your agency:
1. Date of Incorporation(Month/Year): 12 2002
2.Agency's Purpose/Mission(no more than o few spntencesp
Our mission is to encourage conservatiorrqq and inspire people to build lifelong connections with
nature through immersive outdoor educatioi, citizen science, and wildlife stewardship.
2. Please provide a brief description of your organization's past achievements in carrying out similar projects and
evidence of successful record of meeting proposed budgets and timetables(no more than 100 words).
We have been running our afterschool program for 8 years at CHCCS and Durham Public Schools.
At Carrboro Elementary school, we have w rked within our budget, sent timely program agendas to
the school: carried out teacher trainings and submitted sign in lists for continuing education credit and
followed the timeframe laid out in our proposals. Parents reported on surveys how their children share
their experience and knowledge, and send t eir kids to camp. Positive survey responses, the
excitement students showed when we arrivE d at the school, and teachers reported using the activities
in our absence, are signs of our success.
3. Living Wage: Does this agency pay permanent mployees a minimum living wage?(Yes/No) No
If yes, is this agency an Orange County Living Wage Certified Employer? No
If no,please briefly explain.
Due to financial decisions made prior to the pandemic, and then freezing salaries during the
pandemic, salaries were adjusted as best as possible, and we had a group health plan. Our criteria to
offer an employer plan changed and those who needed health insurance had to go back through the
marketplace. Currently, the board is evaluating adjusting the current budget so we can pay a living
wage without health insurance to our permanent full-time staff. One part time permanent staff person
was added in September of 2021. We are also trying to increase that hourly rate as more funds come
in for the programs that person was hired to teach.
Schedule of Positions: #of FTE-Full-Time Paid Positions: 7
#of FTE-Part-Time Paid Positions:
" 1 Part time staff that works all year round.
41 Part time staff that work seasonal.
_.
Cover Pzge Pa ge 6 of 21
Outside Agencies/Human Services
NEW PHIS YEAR
Consistent with our commitment to equity and inclusion,the Towns of Chapel Hill,Carrboro,and Orange County ,
Government are taking steps together to center racial equity in the Human Services Funding Program.Over the
course of the next year,the Towns and County will conduct a comprehensive racial-equity analysis of the program
and we are requesting basic information about your organization's racial equity work. .
a. Please describe how you have involved the intended beneficiaries of the proposed project in the
planning and design process(in 10(words or less).
We have been running our afterschool progiam for 8 years at Carrboro Elementary and with Durham
Public Schools. When we plan and organiz our programs, we contact the afterschool directors or
managers. Through our communication, w get them highly involved in the development of their own
program. This allows us to tailor each individual school's request and helps best fit their needs. We
also do a teacher training where the teaches can learn our program activities and teach the nature
connection to their students on their own time.
b. How has your organization incorpofated racial equity goals into your organizational goals?
PWC has a staff-led diversity, equity, and in lusion (DEI) task force open to all staff. With drop-ins
from board members, the task force focuses on identifying how to grow diversity among staff and
program participants. We provide resources to staff, campers, and the public about diversity and
inclusion in a workplace and a camp setting. The board is forming a DEI committee to develop an
action plan and work with the task force to increase our reach to people of color and underserved
communities to continue to diversify our staff and participants.
c. Please fill in the below questions and provide any additional context on the racial composition of the
organization and board leadership:
i. %of staff that are Black,Indigenous,or People of Color(BIPOC) : 27%
*Part time staff that work seasonal.
Ii. %of board that are BIPOC:S0%
Ill. %of staff that have attended racial equity training: 90%
*This is only for our program coordinators and administrative staff.
d. Please describe any additional activities your organization is doing to address racial equity.
Our core-staff attended Diversity and Equity in Environmental Programs (DEEP) Collaborative to
examine case studies of local events involving environmental justice and
Intersections of race, class, gender, etc. Staff will attend Justice, Equity, Diversity, and Inclusion
workshop this spring.
We attended the 2021 Let's Talk Racism conference held by WE Are and NC Central University. We
broadened our library to include topics of racial, environmental, and LGBTQ+justice.
Cover Page Page 7 of 21
Outside Agencies/HumanServices
d. Please describe any additional activities your organization is doing to address racial equity. (CONTINUED)
We are exploring a partnership with Urban ommunity Agrinomics (UCAN), a non-profit organization
in Durham that engages the community with agriculture skills, healthy nutrition education and access
to fresh fruits and vegetables.
Cover Page - Page 8 of 21
Outside Agencies/Human Services
PROGRAM INFORMATION
*Please submit for each program if applying for funding for more than one program.
6. Program Name:Earthkeepers Afterschool Pro ram
Program Primary contact and Title: Pete Heinze. Education Programs Coordinator
Telephone Number: 919-489-0900 E-Mail:petea()piedmontwildlifecenter.org
7. Please briefly describe the proposed program, inclIuding an explanation of how it aligns with the Town of Chanel Hill
and Cai rboro's Results Framework and Orange CoulhtV BOCC Goals and Priorities,and the target population to benefit
fromtheprogram. (250 words or less)
Our Earthkeepers outdoor program address) s Chapel Hill and Carrboro's Strategic objectives 1 and
3; and Orange County's goals of creating,lpreserving, and protecting a natural environment, and
ensuring a high quality of life and lifelong I✓rarning. Students hike, play, and learn naturalist skills.
They are challenged to explore whatever lora or fauna captures their attention with all of their
senses. Teachers ask questions to heighten their curiosity, challenge their observations, and keep
them wondering. Students develop a relatior ship with what sparked their interest, motivating them to
preserve and protect our environment, oontir ue learning and use these skills in the classroom.
8.Target Population: Please complete the table below with numbers(not percentages)of individuals served and
projected to be served.
Program Target Population Demographics
Projected Actual Projected Projected
2020-2021 2020.2021 2021-2022 2022-2023
Gender
Men 202 608 92 106
Women 122 362 99 87
Nonbinary/Genderqueer 0 1 2 1
Self Describe 0 0 0 0
Total 1 324 1 971 193 194
Race and Ethnicity
Black or African-American 0 5 20 5
American Indian or Alaska Native 0 0 0 0
Asian 14 30 9 1
Cover Page P a g e 9 o f 21
�..� .,, ., .r_.- i-�. •\ITV
Outside Agencies/Human Services
White 276 792 104 66
Native Hawaiian or other Pacific Islander
Chinese
Japanese 1
Vietnamese
Filipino
Ko can
Some other ace 1 341 144 1 601 121
otal 324 971 193 194
Of the above,how many Hispanic,Latina or Spanish origin 26 58 60 18
Of the above,how many non-Hispanic, Latino or Spanish origin 298 913 133 176
Total 324 971 193 194
Age
0-5 years 44 282 55 7
6-18 years 280 689 138 187
19-50 years 0 0 0 0
51+years 0 0 0 0
Total 324 971 193 194
Geographic Location
Town of Chapel Hill 127 336 7 9
Town of Carrboro 68 196 100 73
Orange County(Outside of Chapel Hill/Carrboro) 32 89 28 71
Outside of Orange County 97 320 58 41
Taal 324- 971 1 193 194
Cover P<gc _... __. _._ _._ Page 10 or 21
Outside Agencies/Human Services
Income
Low-income(80%of the Area Median Income and Below) Please see
income table in the attachments
T tal 0 0 0 0
*Due to the Pandemic, we were unable to have the EarthKeepers afterschool programming at
any of the schools in 2020-2021. Bec use of this, we provided our Woodland Afterschool on-
site programming at Leigh Farm Park, in Durham County, and at Blackwood Park and Brumley
Nature Preserve North, In Orange County that some Orange County residents attend. With on-
site locations and with more students able to attend these on-site locations we were able to
serve more students than we normally would have.
**We do not have this data except when people apply for scholarships, and then it is
destroyed upon scholarship approval. We provided the program free to Carrboro afterschool
students last year, but worked througH the aftercare manager at the school, and do not have
access to and do not have access to families' Confidential financial information.
9. Cost Per Individual
This cost per individual must reflect the total program budget divided by the total number of program individuals
in this application.
Total Cost of Program 62,038 $11,712 *$12,732
Total g of Individuals **971 193 194
Cost Per Individual $63.89 $60.68 $65.63
* This is the cost for all Earthkeepers programs- CES and Orange County schools.
" This is for our Woodland Afterschool program operating at Leigh Farm Park, Blackwood
Park, and Brumley Nature Preserve, not at any of the schools.
Cover Page Page 11 of21
Outside Agencies/Human Services
10. Performance Indicators
For Chapel Hill and Carrboro applicants:
Please complete the following chart with information about the Strategic Objective, Intermediate Result,and the Agency
Performance Indicator for each program for which you are applying for funding. Please see the Results Framework in
the Attachments section as a reference.
Program Name: Earth Keepers Afterschool Program at Carrboro Elementary
Strategic X Children improve their educational outcomes
Objective ❑ Residents Increase their livelihood security
(please choose one from the
Results Framework) ❑ Residents improve their health outcomes
Intermediate Children demonstrate new grade-level-appropriate skills.
Result
(please choose one from the
Results Framework)
RESULTS Actual Projected Projected
2020-2021 2021-2022 2022-2023
Performance % and #of program participants Due to the 35% and the 40% and the
Indicators will increase their awareness pandemic, we equivalent 25 equivalent 28
(Please choose at least a" and observation skills. This will are not able students will students will
performance indicator to be observed by counselors to operate at successfully successfully
reporionfromthe Resuhs asking questions, and watching the school demonstrate demonstrate
Framework,and add
additia„alperforsnance who successfully demonstrates this Fiscal awareness awareness
indicators thatyou would their skills during activities, year. We and and
like to report to the Towns. Counselors will record the# of have been observation observation
Please insert additional
rows as needed,listing one students and % at the end of operating a skills. skills.
per row,). the activities. few "Wild for
a Day"
programs at
Brumley
Nature
Preserve
North in
Orange
County and
leigh Farm
Park in
Cover Page Page 12 of 21
Outside Agencies/Human Services
Durham that
some Orange
county
residents
attend. We
have not
been
capturing
data for this
program.
Afterschool teachers will be Due to the 90% of 90% of
trained on nature mentoring and changes in teachers will teachers will
receive 2 hours of continuing the receive receive
education credit. Teachers will pandemic, we training and training and
be able to incorporate activities were not able continuing continuing
assisting us, or leadingl them on to get into the education education
their own, continuing students' schools. credit. They credit. They
connection with nature. will be able to will be able to
assist and assist and
lead activities lead activities
taught during taught during
the training. the training.
ICI
Cover Page P a g e 13 o f 2 1
OR/` ,�
Outside Agencies/Human Services
Please use the drop down menu below to select which function area best aligns with your agency and
program(s) in which you are requesting funding. Please select only one from the drop-down menu below.
Youth Services
If you selected other, please tell us what function area best aligns with your organization:
C
Please indicate three program goals/performance measures below.
A few notes:
• If you use percentages, please put the actual number equivalence.
• Please ensure your performance measures are outcome based and not outputs.
Provide an Earthkeepers afterschool program for at
least 20 students at A.L. Stanback Middle, 20
Program Goal# 1 students at Gravelly Hill Middle, and 20 students at
Orange Midd�e in Orange County t day a week for 2
hours day, for 8 weeks per semester.
Coordinate with the afterschool managers to
Performance Measure develop and keep a check in sheet with students'
(How willyou accomplfsh yourgodP)
names.
Due to the pandemic,we are not able to operate at
the schools this Fiscal Year. We have been
Actual Results operating a few "Wild for a Day" programs at
Brumley Nature Preserve North in Orange County
(Outcome) and afterschool programming at Leigh Farm Park
Ending FYzozl in Durham that some Orange County residents
attend. We have not been capturing data for this
program.
Projected Results A group of 20 students per school will participate
(Outcome) in our outdoor Earthkeepers afterschool program.
Efi&ft9 FY2022
Projected Results A group of 20 students per school will participate
(Outcome) in our outdoor Earthkeepers afterschool program.
Ending FY2023
Cover Page Page 14 of 21
Outside Agencies/Human Services
Program Goal#2 Students will demonstrate awareness and
naturalist skills.
Counselors will observe 6 students successfully
Performance Measure demonstrating awareness and naturalist skills
(How a iidyou accomplish your good?) during specific stealth games and guided
explorations.
Due to the pandemic, we are not able to operate at
the schools this Fiscal Year. We have been
Actual Results operating a few "Wild for a Day" programs at
(Outcome) Brumley Nature Preserve North in Orange County
Ending FY2021 and Leigh Farm Park in Durham that Some Orange
County residents attend. We have not been
capturing data for this program.
Projected Results Counselors will observe at least 6 school students
(30 /a) successfully demonstrating nature
(Outcome) knowledge, awareness and naturalist skills to
Ending FY2022
counselors.
Counselors will observe at least 6 school students
Projected Results (30 %) successfully demonstrating nature
(Outcome) knowledge, awareness and naturalist skills to
Ending FY2023
counselors.
Program Goal#3 Students will increase their desire and amount of
time spent outside beyond the time in our program.
Performance Measure Counselors will ask all participants if they spent
(HaPerf r ace Performance
Measure
?) time outside at home or with friends and share
stories from those experiences each week.
Due to the pandemic, we are not able to operate at
the schools this Fiscal Year. We have been
Actual Results operating a few "Wild for a Day" programs at °
(Outcome) Brumley Nature Preserve North in Orange County
Ending FY2021 and Leigh Farm Park in Durham that Some Orange
county residents attend. We have not been
capturing data for this program.
Projected Results 40% or 8 students will spend more time outside
(Outcome) and share stories about their experiences with
Ending FY2022 counselors each week.
Projected Results 40% or 8 students will spend more time outside
(Outcome) and share stories about their experiences with
Ending FY1023 counselors each week.
Cover Pz3e Page 15 of21
Operating Budget for entire Agency
AGENCY NAME: Piedmont Wildlife Center
Actual Projected Projected Percent
PROGRAM REVENUE 2020-2021 2021-2022 2022-2023 Change
Private Donations $ 69,110 $ 50,000 $ 55,500 11%
Program Generated Revenue $ 673,069 $ 510,105 $ 561,115 10%
Local Government Grants:
Human Services-Town of Carrboro $ - $ 4,500 $ 3,000 -33%
Other-Town of Carrboro $ - $ - $ - 0
Human Services-Town of Chapel Hill $ - $ - $ - 0
Other-Town of Chapel Hill $ - $ - $ - 0
Human Services-Orange County $ - $ 14,000 $ 10,000 -29%
Other-Orange County $ - $ - $ - 0
Other-Town of Hillsborough $ - $ - $ - 0
Other Government Grants
Triangle United Way $ - $ - $ - 0
State Government $ - $ - $ - 0
Federal Government(CDBG/HOME/etc.) $ 79,535.00 $ 79,535.00 $ - $ 1.00
Private Foundation Grants $ 3,250.00 $ 1,000.00 $ 2,500.00 $ 1.50
Other Revenue $ 18,351 $ 16,159 $ 16,650 $ 0.03
Total Program Revenue $ 843,315 $ 675,299 $ 648,765 4%
PROGRAM EXPENSES
Compensation $ 403,490 $ 474,651 $ 522,116 10%
Rent&Utilities $ 13,117 $ 15,310 $ 17,000 11%
Supplies&Equipment $ 69,916 $ 79,824 $ 89,403 12%
Travel &Training $ 1,110 $ 1,998 $ 2,000 0%
Other Expenses: $ 15,626 $ 17,690 $ 16,000 -10%
Total Program Expenses $ 503,259 $ 589,473 $ 646,519 10%
SURPLUS/(DEFICIT) FOR PERIOD: $ 340,056 $ 85,826 $ 2,246 -97%
Please explain Other Grants
Does your program budget show a surplus or deficit? Please provide a brief explanation for the surplus or deficit.
We show a surplus for 2020-21 because we ended up being able to offer afterschool at our home location for
the same number of kids we would for a camp and 4 days a week throughout the school year.With the
changes in the pandemic, anticipating that schools would be back in session, our afterschool programs will
change drastically.We weren't sure if we would be able to run a program on-site, in schools, and either would
be far fewer hours in 2021-22 than in 20-21.
FY 2021-22 Agency Budget
Program Budget
Operating Budget for Specific Program
If you are requesting funds for more than one program, a program budget worksheet should be provided for each program.
PROGRAM NAME: Piedmont Wildlife Center Earthkeepers Afterschool program
Actual Projected Projected Percent
PROGRAM REVENUE 2020-2021* 2021-2022 2022-2023 Change
Private Donations $ 970 $ 500 $ 500 0%
Program Generated Revenue $ 134,437 $ 4,850 $ 8,500 75%
Local Government Grants:
Human Services-Town of Carrboro $ - $ 500 $ 3,000 500%
Other-Town of Carrboro $ - $ - $ - 0
Human Services-Town of Chapel Hill $ - $ - $ - 0
Other-Town of Chapel Hill $ - $ - $ - 0
Human Services-Orange County $ - $ 9,000 $ 9,000 0%
Other-Orange County $ - $ - $ - 0
Other-Town of Hillsborough $ - $ - $ - 0
Other Government Grants
Triangle United Way $ - $ - $ - 0
State Government $ - $ - $ - 0
Federal Government(CDBG/HOME/etc.) $ - $ - $ - 0
Private Foundation Grants $ - $ - $ - 0
Other Revenue $ 1,570 $ 1,100 $ 1,000 $ 0.09
Total Program Revenue $ 136,977 $ 15,950 $ 22,000 38%
PROGRAM EXPENSES
Compensation $ 58,663 $ 22,701 $ 23,836 5%
Rent&Utilities $ 3,000 $ - $ - 0
Supplies&Equipment $ - $ 100 $ 150 50%
Travel &Training $ 375 $ 400 $ 440 10%
Other Expenses: $ - 1 $ - 1 $ - 0
Total Program Expenses $ 62,038 1 $ 23,201 $ 24,426 5%
SURPLUS/(DEFICIT) FOR PERIOD: $ 74,939 1 $ (7,251) $ (2,426) 67%
Please explain Other Grants
Does your program budget show a surplus or deficit? Please provide a brief explanation for the surplus or deficit.
We reached out to parents to see what percentage would want a program on site at Piedmont Wildlife Center for
afterschool, understanding that we could not provide transportation from the schools to our location. We also
attempted to return to some sort of afterschool programs at the elementary schools. Due to the continued
complications with the pandemic, and the understaffed afterschool program at Carrboro Elementary, we adjusted
to help them out by running our program for their teacher workday camps. Given these variables as well as
working with Orange County schools to get our programs up and running for the 2021-22 school year,we have
put a lot of meeting and planning time before revenue was able to be collected.As the actual programs begin,
both the revenue, and the seasonal staff salaries will adjust and even out.
FY 2021-22 Program Budget
EXTENSION FILING INSTRUCTIONS
FORM 8868 FOR FORM 990
FOR THE YEAR ENDING
June 30, 2021
Prepared For:
Piedmont Wildlife Center Inc.
364 Leigh Farm Rd.
Durham, NC 27707
Prepared By:
Steward Ingram & Cooper PLLC
PO Box 41168
Raleigh, NC 27629
Amount Due:
Not applicable
Mail Check Payable To:
Not applicable
Mail Extension And (Check If Applicable) To:
Not applicable
Extension Must Be Mailed On Or Before:
Not applicable
Special Instructions:
The extension for Form 990 has qualified for electronic filing. Form 8868 extends the
due date of the organization's Form 990 return until May 16, 2022. The extension has
been transmitted electronically to the IRS and no further action is required.
Form 8868 Application for Automatic Extension of Time To File an
(Rev.January2020) Exempt Organization Return
OMB No.1545-0047
Department of the Treasury ►File a separate application for each return.
Internal Revenue Service ►Go to www.irs.gov/Form8868 for the latest information.
Electronic filing(e-file). You can electronically file Form 8868 to request a 6-month automatic extension of time to file any of the
forms listed below with the exception of Form 8870, Information Return for Transfers Associated With Certain Personal Benefit
Contracts,for which an extension request must be sent to the IRS in paper format(see instructions). For more details on the electronic
filing of this form,visit t ww.irs.gov/e-file-providers/e-file-for-charities-and-non-profits.
Automatic 6-Month Extension of Time. Only submit original (no copies needed).
All corporations required to file an income tax return other than Form 990-T(including 1120-C filers),partnerships,REMICs,and trusts
must use Form 7004 to request an extension of time to file income tax returns.
Type or Name of exempt organization or other filer,see instructions. Taxpayer identification number(TIN)
print
PIEDMONT WILDLIFE CENTER INC.
File by the
due date for Number,street,and room or suite no. If a P.O.box,see instructions.
filing your 364 LE I GH FARM RD.
return.See
instructions. City,town or post office,state,and ZIP code. For a foreign address,see instructions.
DURHAM, NC 27707
Enter the Return Code for the return that this application is for(file a separate application for each return) 0 1
...................................................
Application Return Application Return
Is For Code Is For Code
Form 990 or Form 990-EZ 01 Form 990-T(corporation) 07
Form 990-BL 02 Form 1041-A 08
Form 4720 individual 03 Form 4720 other than individual 09
Form 990-PF 04 Form 5227 10
Form 990-T sec.401 a or 408 a trust 05 Form 6069 11
Form 990-T trust other than above 06 Form 8870 12
THE ORGANIZATION
• The books are in the care of ► 364 LE I GH FARM RD. — DURHAM, NC 27707
Telephone No.► 919-4 8 9-0 9 0 0 Fax No. ►
• If the organization does not have an office or place of business in the United States,check this box ___________________________________________________ ► 0
• If this is for a Group Return,enter the organization's four digit Group Exemption Number(GEN) .If this is for the whole group,check this
box ► 0 .If it is for part of the group,check this box ►0 and attach a list with the names and TINS of all members the extension is for.
1 I request an automatic 6-month extension of time until MAY 16 , 2022 to file the exempt organization return for
the organization named above.The extension is for the organization's return for:
►0 calendar year or
►FX I tax year beginning JUL 1 , 2020 ,and ending JUN 30 , 2021
2 If the tax year entered in line 1 is for less than 12 months,check reason: 0 Initial return 0 Final return
0 Change in accounting period
3a If this application is for Forms 990-BL,990-PF,990-T,4720,or 6069,enter the tentative tax,less
any nonrefundable credits.See instructions. 3a $ 0 .
b If this application is for Forms 990-PF,990-T,4720,or 6069,enter any refundable credits and
estimated tax payments made. Include any prior year overpayment allowed as a credit. 3b $ 0 .
c Balance due.Subtract line 3b from line 3a. Include your payment with this form,if required,by
using EFTPS Electronic Federal Tax Payment System).See instructions. 3c I $ 0 .
Caution: If you are going to make an electronic funds withdrawal(direct debit)with this Form 8868,see Form 8453-EO and Form 8879-EO for payment
instructions.
LHA For Privacy Act and Paperwork Reduction Act Notice,see instructions. Form 8868(Rev. 1-2020)
023841 04-01-20
InDepartment of the Treasury Notice CP211A
Internal Revenue Service Taa period June 30,2021
Ogden, UT 84201
1 Notice date November 29, 2021
Employer ID number
MEOW—
To contact us Phone 877-829.5500
FAX 877-792-2864
Page 1 of 1
PIEDMONT WILDLIFE CENTER 76/43961 -136246
HEATH FRANK TRES
peaE 364 LEIGH FARM RD
Fx�'+WSs DURHAM, NC 27707-8111
136216
Important information about your June 30, 2021 Form 990
We approved your Form 8868, Application for Extension-of Time To— - --
File an Exempt Organization Return
We approved the Form 8868 for your What you need to do
June 30, 2021 Form 990.
Your new due date is May 15, 2022. File your June 30, 2021 Form 990 by May 15, 2022. We encourage you to use
electronic filing—the fastest and easiest way to file.
Visit wvw.irs.gov/charities to learn about approved a-File providers,what types of
returns can be filed electmnically, and whether you are required to file electronically.
Additional information Visit www,4s.gov/cp211 a.
• For tab forms, instructions, and publications, visit www.irs.gov/forms-pubs or call
800-TAX-FORM(800-829-3676).
• Keep this notice for your records.
If you need assistance, please don't hesitate to contact us.
4� a
State of North Carolina
Department of the Secretary of State
ELAINE F.MARSHALL GAIL L.ELUWA,DIRECTOR
SECRETARY OF STATE CHARITABLE SOLICITATION LICENSING
Piedmont Wildlife Center, Inc. Date: September 09, 2021
364 Leigh Farm Rd
Durham, NC 27707
RE: RENEWAL NOTIFICATION (SL003394)
SAVE TIME! SAVE POSTAGE! FILE YOUR APPLICATION ONLINE! VISIT CSL'S ONLINE FILING PORTAL
The records of the Charitable Solicitation Licensing Division of the Department of the Secretary of State indicate
that your organization's license to solicit charitable contributions in North Carolina expires on(November 15,
2021). If your organization uses a third party filer,your organization is solely responsible for providing the
filer with the information in this document as outlined in the paragraphs that follow.
For your convenience, on-line filing is available for charity/sponsor applicants WWW.SOSNC.GOV/CSL. CSL
highly recommend on-line filings. Your profile information will pre-populate with the information provided on your
last application with the option to make any updates. Payments of licensing fees and any other fees are accepted via
credit card and electronic check;however,there is a small fee of$2.00 per transaction to file on-line. For your
convenience,here are the Application Online Filing Instructions.
If you prefer to continue to file in paper form,you may obtain an application from our website at
https://www.sosnc.gov/forms/by_title%Charities_Charities_Sponsors as well as any additional forms you may need
for the process, including the Annual Financial Report Form and the Fundraising Disclosure Form.
EXTENSION INFORMATION
Your organization has been granted an extension of 60 days,this means, if your organization has a current-active
license,your renewal deadline is now(January 15,2022). To avoid late fees,your application must be filed in the
Department no later than(January 15,2022).
Your organization may also request one additional 30 day extension. To file such a request,you are required to
provide the Department with a copy of your IRS Form 8868,which you may file on-line,via email at
CSL@SOSNC.GOV or fax to us at 919.807.2220. It is imperative that your completed application and
required financial information OR your additional extension request reach the Department on or before the
deadline of(January 15,2022). Also,please be advised that a charitable organization or a sponsor that does not
plan to solicit contributions in the State upon the expiration of its license, shall notify the Department and file a
financial report within 90 days (February 15,2022)of the expiration date of the license.
Any solicitation activity your organization conducts after your license expires and/or your extension ends will be
deemed a violation of State law and may subject your organization to financial penalties. Your organization may
not legally solicit contributions without a valid,current license.
Thank you for your prompt and complete response to the renewal requirements. Please feel free to contact CSL for
additional assistance.
POST OFFICE BOX 29622,RALEIGH NC 27626-0622
PHONE:919-814-5400-FAX:919-807-2220
CSL9SOSNC.GOV
WWW.SOSNC.GOV
1114 021 Tax ID Lefler-501(c)3 staNs(1)jpg
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. O. BOX 2506
CINCINNATI, OR 45201
MAY ` 200� Employer Identification Number:
1
Hate: MAY
DIN:
17053096836058
PIEDMONT WILDLIFE CENTER Contact Person:
364 LEIGH FARM RD SHAWNDEA KREBS I➢p 31072
DDRHAM, NC 27707 Contact Telephone Number:
(877) 829-5500
Public Charity Status:
170(b) (1) (A) (vi)
Dear Applicant:
Our letter dated February 2003, stated you would be exempt from Federal
income tax under section 501(c) (3) of the Internal Revenue Code, and you would
be treated as a public ebarity, rather than as a private foundation, during
an advance ruling period.
Based on the information you submitted, you are classified as a public charity
under the Code section listed in the heading of this letter. Since your
exempt status was not under consideration, you continue to be classified as
an organization exempt from Federal income tax under section 501(c) (3) of the
Code.
Publication 557, Tax-Exempt Status for Your Organization, provides detailed
information about your rights and responsibilities as an exempt organisation.
You may request a copy by calling the toll-free number for forms,
(800) 829-3676. Information is also available on our Internet Web Site at
www.irs.gov. _
I£ you have general questions about exempt organizations, please call our
toll-free number shown in the heading.
Please keep this letter in your permanent records.
Sincerely yours,
<i:�w V
Robert Choi
Director, Exempt Organizations
Rulings and Agreements
Letter 1050 (DO/CG)
hftps//dnvegaaglec dnv Ro a 1pHNgyNycGVI11XJwabael]tl JXNHor7 1/1
Piedmont Wildlife Center, Inc.
Board of Directors (2021/22)
Principal Officers
President/ Treasurer: Dominique Cole Johnson Secretary: Tiffany Yarborough
Vice-President: Marc Gartner
Terms of office shall be one year for all Officers and shall begin on July 1 and
end on June 30. All new Directors shall be elected to a one-year term. A Director
completing a full one-year term shall be eligible for immediate re-election to a
successive two-year term on the board. A Director completing a full two-year term shall
be eligible for immediate re-election to a successive three-year term on the board.
Contact Information
Name Address Cell Employer Date Email Address
Phone Joined the
Number :•. •
•
Dominique 108 Luray 302- Pinnacle December djgold2715@gmail.com
Cole Ln. Mebane, 345- Financial 2019
Johnson NC 27302 2412 Partners
Marc 812 Nowell 919- Gears CRM Spring mogartner@gmail.com
Gartner Ridge Rd. 271- 2020
Raleigh, NC 4529
27607
Tiffany 210 El. Paso 919- Duke March tiffany.yarborough@duke.edu
Yarborough Ave. 806- University 2020
Durham, NC 6061 (Psychology
27703 and
Neuroscience)
Anna 1423 Ruffin 646- Eno Animal August annabengeleditor@gmail.com
Bengal St. 265- Hospital 2019
Durham, NC 4066
27701
Adrian 2604 919- Pinnacle November Adriggers85@gmail.com;
Driggers Andover 524- Financial 2021 adrain.driggers@pnfp.com
Glenn Rd. 8989 Partners
Raleigh, NC
27604
Name Address Cell Employer Date Email Address
Phone Joined the
Number :•. •
(month
and year)
Talia 1505 856- UNC July 2021 tbheckma@gmail.com'
Heckman Harmont Dr. 275-
Raleigh, NC 1842
27603
Helen Hsu 1249 248- IZEA November helenchsu@aol.com
Griswold St. 980- Worldwide, 2020
#702 6564 Inc.
Detroit, MI
48226
Bobby 3142 919- Duke January bobby.schopler@duke.edu
Schopler, Annabelle 619- University 2006-
DVM. Ln. 3976 (Duke Lemur 2012:
Chapel Hill, Center) January
NC 27516 2020-
Joshua 9112 Bent 919- Lucid Dream Spring joshua@luciddreamvr.com
Setzer Tree Ln 454- VR 2020
Chapel Hill, 9075
NC 27516
Kiah Wells 505 Kenion 919- Wellsport July 2021 kiahwells97@gmail.com
Rd. 732- Bodyworks
Hillsborough, 1797
NC 27278
Karen 620 Park PI. 704- Piedmont March Karenm@piedmontwiIdIifecenter.org
McCall Chapel Hill, 651- Wildlife 2020
NC 27514 4834 Center
To whom it may concern:
The Piedmont Wildlife Center's administrative operations are located at 364 Leigh Farm
Road, Durham, NC 27707. Since we are located in Durham County and not in Orange
County, the Piedmont Wildlife Center is exempt from paying the Orange County Solid
Waste Program Fee
A 501(c)(3)nonprofit organization fostering healthy connections among people,wildlife&nature
364 Leigh Farm Road,Durham,NC 27707 • (919)489-0900 • Fax: (919)493-0988
www.piedmontwildlifecenter.org • admin@piedmontwildlifecenter.org
Attachment 2
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
ADVISORY BOARD POLICY
SECTION I: SCOPE
A. Purpose
1. To establish a policy and procedures whereby the Orange County Board of
Commissioners will make appointments to public advisory boards, committees,
commissions, and councils (hereinafter"advisory boards").
B. Authority
1. North Carolina General Statute 153A-76 grants boards of county commissioners the
authority to establish advisory boards.
2. The Orange County Board of Commissioners may establish rules and regulations in
reference to managing the interest and business of the County.
3. The Orange County Board of Commissioners has the responsibility to appoint
residents to serve as members of advisory boards established by the Commissioners.
4. Orange County department directors and staff are responsible for providing support
to the advisory boards.
C. Policy and Periodic Review
1. This Advisory Board Policy establishes some parameters for:
a. Appointments to state-mandated, regional, and/or county-developed
advisory boards.
b. Removals from such advisory boards.
c. Quorum and voting standards.
d. A code of general conduct for advisory board members.
e. Other aspects of advisory board service the Orange County Board of
Commissioners wishes to address.
2. Periodic Review
a. Periodic review of this Advisory Board Policy will be conducted every five (5)
years by the Orange County Board of Commissioners.
b. This Advisory Board Policy may be changed or adjusted as deemed necessary
by the Orange County Board of Commissioners regardless of whether it is
scheduled for a review.
D. Applicability
1. To the extent it does not conflict with the statute or ordinance creating a specific
advisory board, where applicable, this Advisory Board Policy applies to the following
Orange County advisory boards, policies, commissions, and councils:
a. Adult Care Home Community Advisory Committee
b. Advisory Board on Aging
c. Affordable Housing Advisory Board
d. Agricultural Preservation Board
e. Animal Services Advisory Board
f. Arts Commission
g. Commission for the Environment
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
h. Economic Development Commission
i. Historic Preservation Commission
J. Human Relations Commission
k. Nursing Home Community Advisory Committee
I. Orange County Parks and Recreation Council
m. Orange County Planning Board
n. Orange Unified Transportation Board
o. Visitor's Bureau
2. Except as otherwise provided herein or through a specific advisory board policy this
Advisory Board Policy shall control the appointment, reporting, operation and other
requirements of the advisory boards listed above except to the extent the same are
controlled by a specific statute or ordinance. In those cases, as noted above, where
a statute or ordinance controls the requirements of the advisory board and the terms
of this Advisory Board Policy conflict with the terms of the statute or ordinance the
statute or ordinance shall prevail.
3. Although not advisory boards the Board of Adjustment, Board of Equalization and
Review, and Animal Services Hearing Panel shall comply with the terms of this
Advisory Board Policy to the extent those boards are specifically addressed herein.
SECTION II: DUTIES
A. Community Contact
1. Advisory boards, through their membership and subcommittees, shall maintain
contact with stakeholder groups. In this manner,the advisory board is kept apprised
of current information related to matters under the jurisdiction of Orange County.
B. Primary Responsibilities
1. Individual advisory boards shall maintain awareness of their goals and objectives as
those goals are related to the Orange County Board of Commissioners' adopted
overall goals and objectives for Orange County.
2. All actions or recommendations of the advisory board shall be communicated to the
Orange County Board of Commissioners as provided herein.
SECTION III: MEMBERSHIP
A. Authority
1. North Carolina General Statute 153A-76 grants boards of county commissioners the
authority to establish advisory boards and to appoint members to and remove
members from those advisory boards. In acting on this authority the Orange County
Board of Commissioners hereby establishes certain general conditions to which
applicants and members of advisory boards should conform.
a. All members of standing, statutory boards must meet the qualifications for
the specific statutory requirements for an appointed position.
b. All boards members must be eighteen (18) years of age or older unless
applying for a youth-designated position.
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
c. All board members shall be residents of Orange County and shall maintain
their domicile in Orange County unless they are under eighteen (18)years of
age and applying for a youth-designated position. The Clerk shall confirm
applicants are residents of Orange County and maintain their domicile in
Orange County.
i. Domicile is defined as one's permanent established home as
distinguished from one's temporary although actual place of
residence.
d. All board members shall have good reputations for integrity and an interest
in community service.
e. No nominee to a board shall be currently employed by Orange County
government and serve on a board that directly affects their work.
f. No nominee may currently be a party to or be the actual legal representative
in litigation against Orange County. The Clerk shall confirm nominees are not
involved in such litigation.
g. Each nominee must be prepared and committed to participate in advisory
board work in a manner that enhances relationships between the county and
the community.
h. Advisory board members shall owe no outstanding taxes at the time of
appointment.
i. All board members are representatives of the Orange County Board of
Commissioners and shall conduct themselves, both in their official actions
and personal actions so as to be above reproach in their conduct and shall
not bring disrepute to either the County or the Commissioners.
J. The Orange County Board of Commissioners may waive any of the conditions
within this section, with the exception of statutorily imposed conditions.
B. Composition
1. The Orange County Board of Commissioners shall appoint all voting and nonvoting ex
officio members to advisory boards. The Orange County Board of Commissioners
shall endeavor to appoint members who represent the ethnic,cultural, demographic,
and geographic diversity of the community.
C. Selection Criteria
1. Appointed members, except for ex officio members, shall be qualified by the Clerk to
the Board of County Commissioners.
2. Members shall be appointed from applicants whose properly filed and submitted
applications were submitted to the Clerk to the Board of Orange County.
D. Appointment
1. All members of advisory boards serve at the pleasure of the Orange County Board of
Commissioners.
2. Appointments to advisory boards will be initiated with a public application process
from individuals, advisory boards, or community and professional organizations.
3. All appointments to advisory boards will be made by the Orange County Board of
Commissioners.
a. The Orange County Board of Commissioners may elect to interview applicants
to certain advisory boards.
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
b. In the event the Orange County Board of Commissioners conducts such
interviews the advisory board to which the applicant seeks appointment may
identify and suggest interview questions to the Orange County Board of
Commissioners.
4. No person appointed to an Orange County advisory board shall serve on that board
for more than two consecutive terms of three years each. Any appointment to a
vacant position for less than a full three year term shall be considered a full term if
the time of membership is 24 months or greater.
5. The Orange County Board of Commissioners may direct the Clerk to the Board of
County Commissioners to establish an orientation program for certain advisory or
other boards.
6. Extension of a member's term may be approved by the Orange County Board of
Commissioners if it is determined that it is in the best interest of Orange County to
allow an individual to continue to serve.
7. No person appointed to an advisory board may concurrently serve in any publicly
elected office. *(Does not apply where such service is provided by law,
intergovernmental agreement, or approved Orange County board specific policy)
E. Term
1. Each appointed advisory board member shall hold office until the qualification and
appointment of his or her successor or until one year has elapsed since the expiration
of the term for which the member was appointed, whichever first occurs. No person
shall serve as an appointed member of an advisory board for more than two
consecutive terms of three years.
2. In order to establish staggered terms the original voting members of the advisory
board shall be appointed as follows:
a. One-third for a one year term.
b. One-third for a two year term.
c. One third for a three year term.
d. Thereafter,each newly appointed voting member shall serve for a three year
term.
3. Advisory board members whose terms are due to expire may request they be
appointed to a second term or be asked to accept a second term appointment to the
position.
4. Notwithstanding section III(E)(1) above the membership of any advisory board
member whom the Orange County Board of Commissioners decline to appoint to a
second term shall immediately terminate upon the expiration of their term.
5. Advisory board members may not serve concurrently on more than two (2) Orange
County advisory boards. This restriction does not impact an individual's service on
boards and commissions that are not Orange County advisory boards or short term
task forces or work groups.
F. Resignation
1. If a member wishes to resign, the member shall submit the resignation in writing to
the Chair of the advisory board on which the member serves and the Clerk to the
Board of Orange County Commissioners, noting the effective date of the resignation.
2. The advisory board Chair will forward a copy of the resignation to the Clerk to the
Board of Orange County Commissioners.
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
3. The Orange County Board of Commissioners may recognize the individual's service
via a letter or certificate.
4. An announcement of the open seat will be made at the time the resignation becomes
effective.
G. Vacancies
1. Upon the expiration of the term of service of members or should a vacancy otherwise
occur, the Orange County Board of Commissioners shall have the responsibility of
selecting and appointing new members to the advisory board.
2. Should any vacancy for which there is a board specific requirement that such
vacancy be filled by a nominee of a municipal corporation or a resident of a specific
Orange County township remain unfilled for six (6) consecutive months the board
specific requirements may be set aside and the Orange County Board of
Commissioners may fill the vacancy with any applicant otherwise qualified to serve.
H. Removal
1. Members of Orange County's advisory boards serve at the pleasure of the Orange
County Board of Commissioners and may be removed for any reason or no reason
with or without cause.
2. Members of Orange County's advisory boards are expected to abide by the highest
ethical and professional standards.
3. In addition to Section III(H)(1) above, the Orange County Board of Commissioners
shall remove any member of an advisory board for neglect of duty, nonparticipation
that becomes problematic to the advisory board's functioning and purpose. Neglect
of duty and nonparticipation are defined as follows:
a. Missing three (3) consecutive meetings; or
b. Missing twenty-five percent (25%) of meetings within any twelve (12) month
period.
c. For this section III(H)(3) to apply, the missed meetings in question must be
unexcused.
4. The advisory board Chair shall notify a member if the member is at risk of being
removed pursuant to section III(H)(3).
5. The advisory board Chair shall notify the Clerk to the Board of Orange County
Commissioners if a member has violated section III(H)(3).
I. Release from Service
1. When it is deemed necessary by the Orange County Board of Commissioners to
release a member from his or her term of appointment on an advisory board, the
affected individual shall be notified by the Clerk to the Board of County
Commissioners by letter and/or electronic mail.
2. When an advisory board has completed its function, the members shall be informed
of the completion of their service and the termination of the advisory board by letter
and/or electronic mail.
SECTION IV. ROLES AND RESPONSIBILITIES
A. Members
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
1. Members shall attend meetings of the advisory board, serve on subcommittees, and
perform other functions as assigned by the advisory board chair with the approval of
the advisory board.
2. If a member is unable to attend a meeting the member shall contact the Chair or
designated staff as much in advance of the scheduled meeting as possible.
3. Ex officio members may be appointed by the Orange County Board of Commissioners
for the purpose of meeting subject matter expertise needs. Ex officio members are
nonvoting members of the advisory board.
4. Upon review of the above matters, the Orange County advisory board shall address
recommendations and concerns, if any, to the Orange County Board of
Commissioners in writing.
B. Advisory Board
1. The Orange County Board of Commissioners will consider all advisory board
recommendations and/or concerns.
a. Should any concerns remain unresolved after a response has been received
from the advisory board, the Orange County Board of Commissioners may
request that the matter be referred to the County Manager.
2. To enhance trust between Orange County Government and the community, Orange
County advisory boards shall:
b. Assist the staff of Orange County in achieving a greater understanding of the
nature and causes of community issues, with an emphasis on improving
relations between the department and the residents.
c. Recommend methods to encourage and develop the advisory board's ability
to accomplish their work.
d. Work throughout the community to gain relevant information about advisory
board issues and communicate these to the staff of Orange County and the
Orange County Board of Commissioners.
e. Promote public awareness of contemporary issues Orange County must
address to achieve the Orange County Board of Commissioners' goals and
priorities.
C. Chair, Vice Chair, Secretary
1. Selection
i. Election
1. Chair,Vice Chair and Secretary shall be elected by the advisory board
unless otherwise specified by the Board of Commissioners.
2. Chair, Vice Chair and Secretary shall be elected to one-year terms.
3. Chair, Vice Chair and Secretary shall serve no more than three
consecutive one-year terms.
4. Chair, Vice Chair and Secretary shall assume office on the date of
their election. At the first advisory board meeting upon assuming
office the advisory board Chair or department staff shall present
members with a copy of the advisory board's charge, scope of
authority, membership responsibilities, and code of conduct.
2. Responsibilities
i. The advisory board Chair:
1. Calls all meetings.
2. Serves as the presiding officer and conducts advisory board meetings.
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
3. Is the Authorized spokesperson for the advisory board.
4. Assists staff in developing the advisory board meeting agenda.
5. Appoints and dissolves subcommittees, and the Chair and members
thereof,of the body in consultation and with approval of the advisory
board.
6. Sets goals for the advisory board in consultation with the Orange
County Board of Commissioners.
7. Carries out advisory board assignments as required by the Orange
County Board of Commissioners.
8. Reviews all advisory board minutes and proposed recommendations
or assigns another member of the advisory board to do so.
9. May excuse members from attending advisory board meetings up to
two (2)times per twelve (12) month period.
ii. The advisory board Vice Chair:
1. Serves as the presiding officer and conducts advisory board meetings
in the absence of the Chair.
2. Has all the responsibilities of the Chair in the Chair's absence.
iii. The advisory board Secretary:
1. Takes (or oversees the taking of) minutes for all advisory board
meetings.
2. Submits minutes to the Chair to be distributed to advisory board
members in advance of meetings.
3. Submits approved advisory board minutes to the Clerk to the Orange
County Board of Commissioners for retention and distribution to the
Orange County Board of Commissioners.
4. Assures that other records of the advisory board are kept as directed
by the Chair or the Orange County Board of Commissioners.
iv. Removal:
1. The Chair, Vice Chair and/or Secretary may be replaced at any time
by the Orange County Board of Commissioners.
SECTION V. ORGANIZATION
A. Orientation and Training
1. Orange County will make available for advisory board members and department staff
periodic training on state and/or county goals and priorities as well as relevant
statutes and policies, including open meetings, public records, conflicts of interest
and ethics.
2. Each member shall attend an orientation to familiarize the advisory board members
with the operation of County government, applicable department rules, and the
operating procedures of the advisory board.
a. The Chair and Vice Chair, if newly elected, shall attend an additional
orientation to familiarize themselves with the duties and responsibilities of
the Chair and Vice Chair and the guidelines for conducting meetings.
3. Each voting member will be encouraged to complete the orientation within the time
frame established by the policy of the specific advisory board to which they have been
appointed.
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
4. Advisory board members will be issued a manual and should become familiar with its
contents.
B. Operating Expenses
1. Members,when in service on the board, are not employees of Orange County.
2. Members serve in a voluntary capacity and shall receive monetary compensation or
reimbursement only per standard county policy and with Orange County Board of
Commissioners approval.
3. Members shall receive no financial or employee benefits from the County unless
authorized by another section of this policy and specifically approved by the Orange
County Board of Commissioners.
4. The County will provide office supplies and assume responsibility for other reasonable
expenses necessary for the operation of the board.
C. Confidentiality
1. The Chair shall serve as the spokesperson for the advisory board.
2. Except for the Chair, no member of the advisory board shall make any written or oral
statement of any confidential matter to any individual, business, or agency. A
violation of this section will result in that member's immediate removal from the
advisory board.
3. Members of the advisory board may receive information regarding personnel matters
and other information of a sensitive or confidential nature. It shall be the duty and
responsibility of each member to respect and maintain the confidentiality of client
issues presented before the board. Neither the advisory board nor any individual
member shall disseminate confidential information received during advisory board
meetings.
4. Advisory board members may be required to sign confidentiality statements as
necessary and will be removed from the advisory board upon violation of the
confidentiality agreement.
SECTION VI. MEETINGS
A. Regular Meetings
1. All meetings are to be open to the public as required by the applicable North Carolina
General Statutes.
2. Unless otherwise specified, public meetings will follow the standard rules of
procedure defined by the Orange County Board of Commissioners.
3. During a state of emergency declared by the Chair of the Board of Commissioners of
Orange County the Orange County Manager may authorize any or all advisory boards
to meet remotely, as needed, pursuant to the remote meeting rules set out herein.
4. The advisory board members shall determine the date, time, and place for each
meeting, consistent with the guidelines below.
a. Regular advisory board and subcommittee meetings.
i. The advisory board convenes upon call of the Chair and meets on
schedule as established by the specific advisory board policy.
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
ii. Subcommittee meeting dates shall be set by the subcommittee
Chairs and shall be scheduled in conjunction with advisory board
meetings.
iii. A schedule of all meeting dates, times, and places shall be properly
posted in accord with North Carolina Law and delivered to the Clerk
to the Board.
B. Special Meetings
1. A majority of advisory board members or the Chair may call special meetings at any
time for any specific business. Special meetings shall be convened at a location
selected by the Chair.
2. All called special meetings shall be noticed in accord with North Carolina Law and
delivered to the Clerk to the Board.
C. Emergency Meetings
1. A majority of advisory board members or the Chair may call a meeting in emergency
circumstances by providing telephone notice to media outlets at least one hour prior
to the meeting.
2. An emergency situation includes a disaster that severely impairs the public's health
or safety. In the event telephone services are not working, notice that the meetings
occurred must be given as soon as possible after the meeting in accord with North
Carolina Law and by delivery to the Clerk to the Board.
D. Notice of Meetings Generally
1. Notice of advisory board meetings,including public hearings and appeals if applicable,
and agendas shall be made available to all members and interested parties, and to
any person who requests such notice,at least ten(10)days in advance of the meeting
by e-mail and by posting on the Orange County government website.
2. All applicable notice requirements established by North Carolina law shall be
followed.
3. Prior to January 5t" of each calendar year the Board shall cause a schedule of its
meetings to be posted in a readily accessible location. Such schedule shall be
delivered to the Clerk to the Board of Commissioners for posting to the Orange
County website.
4. In the event of a state of emergency declared by the Chair of the Board of
Commissioners of Orange County should advisory boards meet remotely, proper
notice of the remote meeting(s) will be posted through the office of the Clerk to the
Board of Commissioners.
E. Agendas
1. Board members and/or staff members shall submit agenda items to the Chair and
staff for consideration at least fifteen (15) days prior to a scheduled meeting.
2. The agenda must provide a description of each item of business to be transacted or
discussed so that interested members of the public will be capable of understanding
the nature of each agenda item.
3. As a general rule,only those items appearing on the agenda will be discussed or voted
on. However, if an item is raised by a member of the public,the advisory board may
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
accept public comment and discuss the item so long as no action is taken until a
subsequent meeting.
4. With the Chair's agreement, the designated staff will develop and distribute to each
member an agenda listing the matters to be considered at upcoming advisory board
meetings. Also, so far as practicable, copies of all written reports that are to be
presented to the advisory board for members' review will be included in this package
at least ten (10) days before the meeting.
5. All recommendations and reports of the advisory board, approved in the form of
motions,shall be conveyed exclusively to the Orange County Board of Commissioners
for consideration, approval or denial. Outcomes are reported back to the advisory
board.
F. Minutes
1. Minutes shall be taken of all advisory board meetings and submitted to the Clerk to
the Board of Orange County Commissioners for retention and distribution to the
Orange County Board of Commissioners.
SECTION VII. SUBCOMMITTEES
A. Purpose and Formation
1. Subcommittees may be formed by the advisory board to research and make special
recommendations on special issues or areas in order to carry out the duties of the
advisory board.
2. All subcommittees shall be reviewed by the appointing body on an annual basis to
determine continued need and realignment with the priorities of the advisory board.
3. Approved subcommittees must have documented goals,deliverables,and a timeline.
The subcommittee will cease to meet when these are satisfied.
4. The advisory board Chair may request that the Orange County Board of
Commissioners change the structure and/or operating procedures of the advisory
board if he or she deems it essential for improving the board's productivity and
effectiveness.
5. A subcommittee can be formed with the approval of the advisory board chair and
majority vote of the advisory board.
6. Subcommittees shall operate as directed by the advisory board.
B. Procedure and Membership
1. A member of the subcommittee shall take responsibility for taking minutes of
subcommittee meetings and shall report to the advisory board the subcommittee's
progress toward its stated objectives, including dissenting viewpoints.
2. Subcommittees shall operate by majority vote.
3. Subcommittees may request a technical representative be approved by the County
Manager.
4. Subcommittees shall operate openly as defined by applicable North Carolina State
law and local ordinances and policies.
5. Membership on subcommittees shall be voluntary unless the specific advisory board
policy dictates otherwise.
SECTION VIII. QUORUM AND VOTING
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
A. Quorum
1. A quorum for a meeting of an advisory board and any subcommittee thereof shall
consist of a majority of the number of appointed members. Vacant positions are not
counted when determining if a quorum is present.
2. Members who remotely attend a meeting may be counted present for purposes of a
quorum.
B. Voting
1. Unless otherwise required by law, all decisions shall be reached by a simple majority
vote.
2. All voting will be conducted in open meetings, except when in closed session where
such closed session is permitted by North Carolina law.
3. No issues can be voted upon unless a quorum is present.
4. Only appointed members can vote at advisory board meetings.
5. Appointed members shall not delegate their vote to another member.
6. The Chair of the advisory board may participate and vote on all issues.
7. Voting by proxy is not authorized and shall not be allowed.
8. Members may not abstain from voting but where a member has a conflict of interest
the member may be excused by majority vote of the advisory board.
9. Members of advisory boards must be present to vote. Presence may be accomplished
through remote attendance or physical attendance.
10. Individuals appointed as ex officio members of the advisory board are not authorized
to vote on any issue before the advisory board.
SECTION IX. ETHICS
A. This section also applies to the Board of Adjustment, Board of Equalization and Review, and
Animal Services Hearing Panel.
B. Conflict of Interest
1. During advisory board meetings, a member shall immediately disclose any potential
conflict of interest and request to be excused from voting when he or she has a
conflict of interest.
2. During appeal proceedings,the applicant has the right to question the interest of any
voting member. The advisory board chair should consult with the County Attorney or
staff attorney on any potential conflict of interest in appeal matters.
3. In determining from existing facts and circumstances whether a conflict of interest
exists the determining party shall consider the facts and circumstances as would an
ordinary and reasonable person exercising prudence,discretion,intelligence,and due
care.
C. Gifts
1. An advisory board member shall not directly or indirectly ask, accept, demand, exact,
solicit, seek, assign, receive, or agree to receive any gift or honorarium for the
advisory board member, or for another person, in return for being influenced in the
discharge of the advisory board member's official responsibilities.
2. This section shall not apply to gifts or awards authorized by Orange County Policies,
Resolutions, or Ordinances.
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
D. Code of Ethics
1. Advisory board members should act with integrity and with independence from
improper influence as they exercise the functions of their offices. Characteristics and
behaviors that are consistent with this standard are:
a. Adhering firmly to a code of sound values.
b. Behaving consistently and with respect towards everyone with whom they
interact.
c. Exhibiting trustworthiness.
d. Living as if they are on duty as appointed officials regardless of where they
are or what they are doing.
e. Using their best independent judgment to pursue the common good as they
see it, presenting their opinions to all in a reasonable, forthright, consistent
manner.
f. Remaining incorruptible, self-governing, and not subject to improper
influence, while at the same time being able to consider the opinions and
ideas of others.
g. Disclosing contacts and information about issues that they receive outside of
public meetings, and refraining from seeking or receiving information about
quasi-judicial matters outside of the quasi-judicial proceedings themselves.
h. Treating other advisory boards and advisory board members and the public
with respect, and honoring the opinions of others even when they disagree.
i. Being careful not to reach conclusions on issues until all sides have been
heard.
j. Showing respect for their appointed office and not behaving in ways that
reflect badly on the office,the advisory board, Orange County, or the Orange
County Board of Commissioners.
k. Recognizing that they are part of a larger group and acting accordingly.
I. Recognizing that individual board members are not generally allowed to act
on behalf of the board, but may only do so if the board specifically so
authorizes, and that the board must take official action as a body.
m. Being faithful in the performance of the duties of their offices.
n. Acting as especially responsible residents whom others can trust and respect.
o. Faithfully attending and preparing for meetings.
p. Carefully analyzing all credible information that is properly submitted to
them, and when applicable, being mindful of the need not to engage in
communications outside the meeting in quasi-judicial matters.
q. Being willing to bear their fair share of the board's workload.
r. To the extent appropriate,they should be willing to put the board's interests
ahead of their own and shall avoid the appearance of a conflict of interest
and shall, under no circumstances, use their position on any board for
personal gain or profit.
2. Members of the Planning Board, Board of Adjustment, Economic Development
Commission, and Board of Equalization and Review shall upon initial appointment,
and prior to December 31 annually thereafter, disclose:
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
a. Any interest he or she or his or her spouse or domestic partner has in real
property situated in whole or in part in Orange County and the general
description of that property.
b. Any legal, equitable, beneficial or contractual interest he or she or his or her
spouse or domestic partner has in any business,firm or corporation,which is
currently doing business with Orange County pursuant to contracts awarded
by Orange County, or which is attempting, or has attempted in the past
calendar year, to secure the award of a bid from Orange County or the
approval of any Board or Agency of Orange County.
c. Failure to file a disclosure statement setting out the above required
information shall result in immediate removal of the member from the
applicable board.
SECTION X. COMPENSATION AND TRAVEL REIMBURSEMENT
A. Compensation
1. As a general rule advisory board service is voluntary and appointed members shall
receive no form of compensation for their services.
2. However, should the Orange County Board of Commissioners determine, in its sole
discretion, that an advisory board's members should be compensated, such
compensation shall be addressed in that advisory board's specific policy and rules of
procedure as adopted by the Commissioners.
B. Travel Expense Reimbursement
1. The Chair shall, to the extent practicable, schedule all hearings and advisory board
meetings to minimize travel and per diem costs.
2. Payment of expenses to advisory board members shall occur only when travel has
been approved by the County Manager prior to the time the expenses are incurred.
3. Orange County shall reimburse reasonable and necessary travel and incidental
business expenses from pre-approved travel to advisory board members
4. Advisory board members shall be reimbursed in accordance with current local and/or
state rules and regulations. Expense claims shall be submitted as required pursuant
to the Orange County travel policy.
5. Transportation expense claims shall include charges essential for transportation to
and from the meeting place. Reimbursement shall be made only for the local
government's standard mileage allowance. Travel should be via the shortest, most
commonly traveled route.
6. Travel expense does not include hotel/motel expenses.
SECTION XI. LIMITATION OF POWER AND AUTHORITY
A. Nothing contained in this Advisory Board Policy shall be construed to conflict with any North
Carolina law or Orange County ordinance. Should there be an appearance of conflict, the
appropriate North Carolina law or Orange County ordinance shall prevail.
B. The activities of the advisory board shall, at all times, be conducted in accord with applicable
Federal law, North Carolina law, and Orange County ordinances.
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
C. Advisory Boards, the Board of Adjustment, Board of Equalization and Review, and Animal
Services Hearing Panel, and any members thereof shall not (and shall not have the express or
implied authority to):
1. Incur expense or obligate Orange County in any manner.
a. Any expense incurred must have been pre-approved either through the
department director overseeing the advisory board's budget, the Orange
County Board of Commissioners, or the County Manager.
b. It is specifically acknowledged that no member of an advisory board has the
authority, express or implied, to, contractually or otherwise, bind Orange
County.
2. Identify or release any draft document that has not been approved for release by the
Orange County Board of Commissioners or County Manager.
3. Take positions, in their capacity as an advisory board member, on any political issue
or support or oppose any candidate for public office.
4. Independently investigate resident complaints against Orange County, any
department or any employee of a department.
5. Conduct any activity that might constitute or be construed as an official governmental
review of departmental or employee actions.
6. Conduct any activity that might constitute or be construed as establishment of
Orange County or departmental policy.
7. Violate the confidentiality of any information related to matters involving pending or
forthcoming civil or criminal litigation.
8. Engage in any act to impose or attempt to impose discipline on any advisory board
member, department, or employee.
9. Interfere, attempt to interfere or involve themselves in any way in staff personnel
matters regardless of the nature of the matter.
SECTION XII. REMOTE MEETINGS AND REMOTE ATTENDANCE PURSUANT TO NCGS§166A-19.24
A. Declared states of emergency.
1. Upon a declaration of a state of emergency in Orange County by the Chair of the
Board of Commissioners advisory boards subject to this Advisory Board Policy may
meet remotely as authorized by the County Manager.
2. A remote meeting is an official meeting, or any part thereof, with a majority or all of
the members of the advisory board participating by simultaneous communication.
3. Simultaneous communication is any communication by conference telephone,
conference video, or other electronic means.
4. Advisory Boards shall comply with open meetings laws.
5. Advisory Boards shall coordinate with the Clerk to the Board of Commissioners to
notify the public of the remote meetings and the means by which the public may
access the remote meetings.
6. If at any time during a remote meeting the number of members needed for a
quorum is disrupted by a loss of simultaneous communication the meeting will not
continue until simultaneous communication is restored and if simultaneous
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
communication cannot be restored the meeting will be adjourned without further
action.
B. Remote attendance at other times.
1. At all other times advisory boards shall meet in person at the time and location
adopted in the board's meeting schedule and as set out herein.
2. Should a member be unable to physically attend a meeting the member may attend
remotely so long as simultaneous communication is maintained for the remotely
attending member(s) and only so long as the public has access to communications
by the member(s).
3. Remote attendance involves a member(s) of the advisory board participating by
simultaneous communication.
4. If the presence of a member(s) remotely attending a meeting is necessary for
purposes of achieving a quorum and simultaneous communication with the
member(s) is lost the meeting will not continue until simultaneous communication
is restored and if simultaneous communication cannot be restored the meeting will
be adjourned without further action.
Adopted 2-21 12;Dates of Amendment 8-21-12;11-8-12;3-3-15;6-18-19;6-2-20;10-6-20
Rules of
Procedure for the
Board of County Commissioners
Adopted - May 2002
Amended -December 2021
=aagr o
C, ngrn
Orange County
1.-
North Carolina
2
Principles of
Parliamentary Law
• Justice and courtesy for all
• Majority rules
• Right of the minority to be heard
• Protection of the rights of the individual
and the absentee
• Consideration of one thing at a time
• Maintain order
• Expedite business
• Partiality to no one
3
Rules of Procedure
for the
Board of County Commissioners
Table of Contents
Introduction................................................ 5
I. Applicability......................................................6
II. Open Meetings .................................................7
III. Organization of the Board...............................8
IV. Meetings...........................................................9
V. Agenda...........................................................13
VI. Conduct of Debate..........................................16
VII. Quorum and Other Rules..............................25
Orange County, North Carolina
4
[Page intentionally blank]
5
Rules of Procedure for the
Board of County Commissioners
Introduction
These rules of procedure were designed for use by a North
Carolina board of county commissioners. Essentially, the rules
are a modified version of Robert's Rules of Order, Revised. Robert's
Rules is intended to guide the deliberations of a large legislative
body; consequently, it is not always appropriate for a small
governing board, which can afford to proceed with much less
formality. Another valuable resource consulted for this revision
of the rules was Mason's Manual of Legislative Procedure.Mason's
Manual is intended primarily for state legislatures, but its
extensive discussion of the basic principles of parliamentary law
and procedure is valuable for local governing boards as well.
These rules apply to all meetings of the Orange County Board of
Commissioners at which the board is empowered to exercise any
of the executive, administrative or legislative powers conferred
on it by law.
The North Carolina law (G.S. 153A-41) permits a board of county
commissioners to adopt its own rules of procedure if these conform
to "generally accepted principles of parliamentary procedure"and
do not conflict with applicable law. Mason's Manual suggests that
parliamentary law affecting the work of a board of county
commissioners can be summarized in ten basic principles:
1. The board can take only those actions that it has authority or
jurisdiction to take. A corollary of this principle is that the
board's action, to be valid, must not violate any applicable
law or constitutional provision. This is simply another
manifestation of the familiar legal doctrine that a unit of
local government has only those powers conferred on it by
law or necessarily implied from some specific grant of power.
2. The board must meet in order to act.Under North Carolina law,
the powers conferred on the county governing board are
exercised by the county board of commissioners as a group,
not its individual members. Therefore, the group must meet
in order to act.
3. All board members must receive proper notice of meetings. Since
all members are equally entitled to participate in board
6
meetings, each member must be properly notified of the
place, time, and purpose of meetings.
4. The board may act only with a quorum.
5. There must be a question before the board on which it can decide.
Except when electing their own officers or balloting for
appointments, legislative bodies proceed by voting yes or no
on specific proposals put forward by one or more members.
Each member has a right to know at all times what question
is before the board and what effect a yes or no vote would
have on that question.
6. There must be opportunity for debate. The very nature of a
deliberative body requires that members share information
and opinion about matters before the board.
7. Questions must be decided by vote. Legislative bodies do not
decide matters by discussing them until a consensus
emerges.
8. Votes are decided by majority. Usually only a simple majority
of votes cast suffices, though the board's rules or an
applicable law may sometimes require an extraordinary
majority.
9. There must be no fraud, trickery, or deception in the board's
proceedings.
10. The board's rules of procedure must be applied consistently.
Most of the following rules have been modified to suit local needs
and customs. The comments following the rules note when a rule
is derived from procedures required by state law(North Carolina
General Statutes,hereinafter cited as G.S.).
I.Applicability
Rule 1.Applicability of Rules. These rules apply to all meetings of
the Board of Commissioners of Orange County, whether in-person
or electronic,at which the board is empowered to exercise any of the
executive, quasi-judicial, administrative, or legislative powers
conferred on it by law.
Comment: On the whole, rules of procedure of a governing
board are intended to govern formal meetings of the board
where it will exercise any of its executive and legislative
powers. These rules fulfill that purpose and also are designed
to ensure board compliance with the Open Meetings Law,
G.S. 143-318.9 through 318.18,which applies to any gathering
7
of a majority of the board to discuss public business.The rules
also apply to informal work sessions or committee meetings
where public business is discussed but no official action is
taken.
II. Open Meetings
Rule 2. Meetings to be Open.
(a)It is the public policy of North Carolina and of Orange County
that the hearings, deliberations, and actions of this board and its
committees be conducted openly.
(b) Except as otherwise provided in these rules and in accordance
with applicable law, each official meeting of the Orange County
Board of Commissioners shall be open to the public and any
person is entitled to attend such meeting.
Comment:See G.S.143-318.10(a).
(c) For the purposes of the provisions of these rules concerning
open meetings, an official meeting of the board is defined as any
gathering together at any time or place or the simultaneous
communication by conference telephone or other electronic means
of a majority of board members for the purpose of conducting
hearings, participating in deliberations, or voting upon or
otherwise transacting public business within the jurisdiction, real
or apparent, of the board.
Comment: See G.S. 143-318.10(d). The Open Meetings Law
provides that a social meeting or other informal assembly or
gathering together of the members of the board does not
constitute an official meeting unless it is "called or held to
evade the spirit and purposes" of the laws requiring meetings
to be open.
Comment: See G.S. 143-318.13(a) specifically authorizing
electronic meetings of public bodies.
Rule 3. Closed Sessions.
(a) Notwithstanding the provisions of Rule 2, the board may hold
a closed session in compliance with G.S. 143-318.11. It is the
policy of the state of North Carolina that closed sessions shall be
8
held only when required to permit a public body to act in the public
interest as permitted in this section. A public body may hold a
closed session and exclude the public only when a session is
required.
(b)The board may go into closed session only upon a motion made
and duly adopted at an open meeting. This motion must cite one
or more of the permissible purposes listed in G.S. 143-318.11. In
addition, a motion to go into closed session pursuant to G.S. 143-
318.11(a)(1) must state the name or citation of the law that
renders the information to be discussed privileged or
confidential, and a motion to go into closed session pursuant to
G.S. 143-318.11(a)(3) must identify the parties in each existing
lawsuit, if any, concerning which the board expects to receive
advice during the closed session.
(c) The board shall determine who shall attend the closed
session. The County Manager, County Attorney, and Clerk to the
Board shall attend all closed sessions unless otherwise
determined by the board. The board shall determine other
necessary attendees as the facts and the circumstances dictate.
With respect to a closed session to consult with the County Attorney
or another attorney employed by or retained by the county, in order
to preserve the attorney-client privilege between the attorney and
the board, the board shall not permit a person to attend the closed
session if that person's attendance would defeat the attorney-client
privilege.
(d) The board shall conclude a closed session and return to open
session upon a motion made and adopted to do so.
III. Organization of the Board
Rule 4. Organizational Meeting. The board shall hold an
organizational meeting at its regular meeting place on the first
Monday in December of each year. The incumbent chair shall call
the meeting to order and shall preside until a chair is elected. The
agenda shall be as follows: (1) special recognition of any out-going
commissioners, (2)taking and subscribing the oath of office by the
newly elected members of the board, (3) election of a chair and
vice-chair, (4) designation of voting delegate for all NCACC and
9
NACo meetings, and(5) seating arrangement.
Comment:This rule incorporates the requirements of G.S. 153A-
26 concerning the times for organizational meetings and the
qualifications of new members and the requirements of G.S.
153A-39 concerning the election of the chair and the vice-chair.
G.S. 153A-26 provides that the oath of office is that prescribed
by Article VI, Section 7, of the North Carolina Constitution
(see also G.S. 11-6 and G.S. 11-7)and may be administered by
any person authorized by law to administer oaths. The
written statement of the oath shall be signed by each new
member and filed with the C lerk to the B o a r d. The statute
also provides that a new member who cannot be present at
the organizational meeting may take and subscribe the oath
later.
Rule 5. Election of the Chair and Vice-Chair. The chair and
vice-chair of the board shall be elected annually at the
organizational meeting for the ensuing year, for a term of one year
and shall not be removed from the office unless he or she becomes
disqualified to serve as a member of the board.
Comment: G.S. 153A-39 provides for the election of a chair
and states that he or she is chosen"for the ensuing year."
IV. Meetings
Rule 6. Business and Special Meetings.
(a) Business Meetings. The board usually holds a business
meeting on the first and third Tuesdays of each month in accordance
with the "Board Calendar of Meetings," as approved by the board.
All meetings shall begin at 7:00 p.m. unless otherwise noted on the
"Calendar of Meetings." The board may change the place or time
of any meeting listed on the approved"Calendar of Meetings" by a
majority vote at a Business Meeting, and have it posted and noticed
no less than seven days before the change takes effect.A notice shall
be filed with the Clerk to the Board and published online, posted on
the principal bulletin board of the county, and at or near the regular
meeting place, and notices shall be sent to all persons who have
requested notice of meetings of the board.
10
(b) Special Meetings. The chair or a majority of the members of
the board may at any time call a special meeting of the board by
signing a notice stating the time and place of the meeting and the
subjects to be considered. The person or persons who call the
meeting shall cause the notice to be posted on the principal bulletin
board of the county, located at the office of the Clerk to the Board
in Hillsborough, and at or near the meeting place, and delivered to
the chair and all other board members or left at the usual dwelling
place of each member at least 48 hours before the meeting. In
addition,the notice shall be mailed or sent by e-mail to individual
persons and news media organizations who have requested such
notice as provided in subsection (e), below. Only those items of
business specified in the notice may be transacted at a special
meeting, unless all members are present or those who are not
present have signed a written waiver.
A special meeting may also be scheduled by vote of the board in open
session during another duly called meeting. The motion calling for a
special meeting shall specify its time,place, and purpose. At least 48
hours before the meeting, the notice shall be posted on the principal
bulletin board of the county and at the regular meeting place, and
delivered to all board members not present at the meeting at which
the special meeting was called. Only items of business specified in
the motion calling for the special meeting may be transacted at a
special meeting called in this matter unless all members are present
and the board determines in good faith at the meeting that it is
essential to discuss or act on the additional item immediately.
Comment:See G.S.153A-40(a)and G.S.143-318.12(b)(2).
(c) Emergency Meetings. The chair or a majority of board
members may at any time call an emergency meeting of the board
by signing a written notice stating the time and place of the
meeting and the subjects to be considered. Written or oral notice
of the meeting shall be given to each board member and to each
news organization that has filed a written emergency meeting
notice request with the Clerk to the Board, and whose request
includes that organization's telephone number. Only business
connected with the emergency may be considered at an emergency
meeting.
11
(d) Work Sessions, Committee Meetings or other Informal
Meetings. The chair or a majority of the board members may
schedule work sessions, committee meetings or other informal
meetings of the board or of a majority of its members at such times
and concerning such subjects as may be established by the board.
The times and subject matter may be established by resolution or
order of the board. A schedule of any such meetings that are held
on a regular basis shall be filed in the same place and manner as
the schedule of business meetings.
Work sessions and other informal official meetings not held
regularly are subject to the same notice requirements as special
board meetings. Work sessions include regular work sessions,
budget work sessions, joint meetings with other governmental
entities,and other meetings not scheduled as"business meetings."
All work sessions are open to the public and the public may attend
and observe work sessions. Public comment generally is not
accepted at work sessions for several reasons: (1) Work sessions
are intended to be informal meetings to allow discussion between
and among board members; (2) For the most part,items presented
at work sessions for board discussion, are items in the early stages
of development, items for which county staff need direction from
the Board of Commissioners, or items needing further discussion
before formal presentation for decision; (3)Final and binding votes
on work session agenda items are not conducted at work sessions,
unless the board members vote to suspend the rules prior to voting
on a work session agenda item; and (4) Except as noted above all
work session agenda items are brought forward for final and
binding votes at board business meetings at which public
comment is sought and encouraged.
(e) Sunshine List. Any individual person and any newspaper,
wire service, radio station, and television station may file with
the Clerk to the Board of Commissioners a written request for
notice of all special meetings of the board. These are meetings not
listed on the "Calendar of Meetings." Orange County maintains
an online list service in which anyone may add their email ad-
dress to receive meeting notices at no charge.
Comment:The Open Meetings Law requires that any"official
meeting" at which a majority of the board deliberates on
public business must be open to the public and notice must
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be given. The last sentence of the rule embodies that
principle. The rule goes beyond the Open Meetings Law in
requiring a published schedule of work sessions or committee
meetings held on a regular basis.
G.S. 143-318.13(a) provides that if the board holds any
regular, special, emergency, or other official meeting by use
of conference telephone or other electronic means, the clerk
shall provide a location and means whereby members of the
public may listen to the meeting and notice of the meeting
shall specify that location.
Rule 7. Location of Meetings.All meetings shall be held within
the boundaries of Orange County except as otherwise provided
herein.
1. A joint meeting with the governing board of any other
political subdivision of this state or any other state may be
held within the boundaries of either subdivision as may be
stated in the call of the meeting. At any such joint meeting,
the board reserves the right to vote separately on all matters
coming before the joint meeting.
2. A special meeting called for the purpose of considering and
acting upon any order or resolution requesting members of
the General Assembly representing all or any portion of this
county to support or oppose any bill pending in the General
Assembly or proposed for introduction therein may be held in
Raleigh or such other place as may be stated in the call of the
meeting.
3. A meeting may be held in connection with a retreat, forum,
or similar gathering solely for the purpose of providing
members of the board with general information relating to
the performance of their public duties.
4. A meeting may be held while in attendance at a convention,
association meeting, or similar gathering solely to discuss or
deliberate the board's position concerning convention
resolutions,elections of association officers,and similar issues
that are not legally binding upon the board or its constituents.
Comment: See G.S. 153A-40(c). That statute also speaks of
two other categories of gatherings that may be held outside
the boundaries of the county:retreats,and meetings with the
legislative delegation representing the county in the
General Assembly. The statute expressly forbids the board to
take any official action at any such meetings,so they are not
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mentioned in the proposed rule. However,such meetings are
covered by the Open Meetings Law if a majority of the board
is present and "deliberates"on public business.
V. Agenda
Rule 8.Agenda.
(a) The County Manager shall prepare the agenda for each regular,
special and emergency meeting subject to review and approval by
the chair and vice-chair. A staff request to have an item of business
placed on the agenda must be received by 12:00 noon,Monday of the
week prior to the meeting.Any board member may petition the board
to have an item placed on the agenda.
(b) The agenda packet for business meetings shall include the
agenda document, any proposed ordinances or amendments to
ordinances, and supporting documentation and background
information relevant to items on the agenda. A copy of the agenda
packet shall be provided to each member of the board at least ninety-
six hours before the meeting.Documents in the agenda packet,if not
previously available for public inspection, shall become so when
packets have been provided to each board member or left at his or
her usual dwelling. Copies shall be available for members of the
public in the Clerk to the Board's office and at the Orange County
Public Library. The agenda is also published on the county's web
site,oran ecount nc. ov.
For all other meetings (special, work sessions, etc.) a copy of the
agenda and attachments shall be available to members of the public
on the Orange County website prior to the meeting (usually 48-72
hours before the meeting).
The Clerk to the Board's office shall post agendas for business
meetings, public hearings and work sessions on the county's website
within 24 hours after they are distributed to the Board of
Commissioners by the County Manager's office.
(e) The board may, by approval of a majority of its members, i.e. an
affirmative vote equal to a quorum, add an item at the meeting that is
not on the agenda.
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Comment: Because of the increased volume and complexity of
the matters they must consider,nearly all boards use an agenda.
Some boards use an agenda only to organize the material they
must consider and to give themselves an opportunity to study
the issues before they meet.These boards generally allow last-
minute additions to the agenda by general consent. This rule
takes that approach. Other boards use their agenda to control
the length of their meetings. Often a board that uses its agenda
for this purpose will hold a work session before the business
meeting to ask questions and thoroughly explore the proposals
that must be voted on at the business meeting.Generally these
boards take a stricter approach and do not allow late additions
to the agenda unless an emergency exists.
Rule 9.Public Comments-Items Not on the Printed Agenda.
The County Manager shall include on the agenda of each business
meeting a time for comments or questions from members of the
public in attendance. The chair will first recognize individuals or
groups who have signed up to be heard, and then may recognize
others, subject to available time. Speakers will be allowed three
minutes each up to an hour total. After the hour set aside for
public comments has expired, the chair will recognize further
speakers only upon motion duly made and adopted. As noted above
public comment is not accepted at work sessions but only at
business meetings. North Carolina law requires local
governments to schedule one public comment period at one
regular meeting one time per month. Orange County far exceeds
this mandate and schedules a public comment period at all of its
business meetings during which the public may comment on any
topic. Further, the public is invited to comment separately on
each item on a business meeting agenda.
Petitions/Resolutions/Proclamations and other similar requests
submitted by the public will not be acted upon by the Board of
Commissioners at the time presented. All such requests will be
referred for ChairlVice-Chair/Manager review and for
recommendations to the full board at a later date regarding a)
consideration of the request at a future business meeting; or b)
receipt of the request as information only. Submittal of
information to the board or receipt of information by the board does
not constitute approval, endorsement, or consent.
Comment:The board may decide as a matter of general policy
to set aside part of each meeting for individuals or groups to
address the board.The rule allows any individual or group to
15
get on the agenda but lets the board decide whether there is
time to hear its comments.
Rule 10. Order of Business.
(a) Business Meetings. For all business meetings, items shall
be placed on the agenda as listed below:
1. Additions or Changes to the Agenda
Public Charge
2. Public Comments(Limited to One Hour)
3. Announcements and Petitions by Board Members (Three
Minute Limit Per Commissioner)
4. Proclamations/Resolutions/Special Presentations
5. Public Hearings
6. Regular Agenda
7. Reports
8. Consent Agenda
• Removal of Items from Consent Agenda
• Approval of Remaining Consent Agenda
• Discussion and Approval of the Items Removed from the
Consent Agenda
9. County Manager's Report
10. County Attorney's Report
11. Appointments
12. Information Items
13. Closed Session
14. Adjournment
If there is no objection, the chair may call items in any order most
convenient for the dispatch of business. The meeting will end at
10:30 p.m. unless there is a majority vote of the board to continue
beyond that time.
(b)Order of Business for Public Hearings
1. Opening Remarks from the Chair
2. Public Charge
3. Public Hearing Items
4. Adjournment
(c) Public Charge.A public charge may be read at each meeting
to set the tone for civil decorum. The public charge is placed on the
agenda immediately after item 1, "Additions or Changes to the
16
Agenda"and it shall read:
The Board of Commissioners pledges its respect to all
present. The Board asks those attending this meeting to
conduct themselves in a respectful, courteous manner
toward each other, county staff and the commissioners.
At any time should a member of the Board or the public
fail to observe this charge, the Chair will take steps to
restore order and decorum.Should it become impossible
to restore order and continue the meeting,the Chair will
recess the meeting until such time that a genuine
commitment to this public charge is observed.
The BOCC asks that all electronic devices such as cell
phones,pagers, and computers should please be turned
off or set to silent/vibrate.
Please be kind to everyone.
VI. Conduct of Debate
Rule 11. Powers of the Chair. The chair shall preside at all
meetings of the board if he or she is present. If the chair is absent,
the vice-chair shall preside. If both the chair and vice-chair are
absent, another member designated by vote of the present board
members shall preside. A member must be recognized by the
presiding officer in order to address the board.The chair shall have
the following powers:
1. To rule on points of parliamentary procedure, including the right
to rule out of order any motion patently offered for obstructive
or dilatory purposes;
2. To determine whether a speaker has gone beyond reasonable
standards of courtesy in his or her remarks and to entertain and
rule on objections from other members on this ground;
3. To entertain and answer questions of parliamentary law or
procedure;
4. To call a brief recess at any time;
5. To adjourn in an emergency.
A decision by the presiding officer under any of the first three
powers listed above may be appealed to the board upon motion of
17
any member. Such a motion is in order immediately after a
decision under those powers is announced and at no other time.
The member making the motion need not be recognized by the
presiding officer, and the motion, if timely made, may not be
ruled out of order.
Comment: The chair normally presides at board meetings. In
his or her absence, the vice-chair, if there is one, presides. If
there is no vice-chair, or if both the chair and vice-chair are
absent,the board typically selects a temporary presiding officer.
The board may choose whether the chair always votes or votes
only to break a tie. Someone who is temporarily presiding in
the chair's place is still a full member of the board and thus
entitled to make motions and to vote.
The chair or anyone presiding in the chair's place has
substantial procedural powers, but those powers are not
absolute. Under this rule and Rule 15, any board member is
entitled to make a motion to appeal to the other members
concerning the presiding officer's decisions on motions,
decorum in debate and most other procedural matters.
There are two exceptions to this right of appeal. A chair or
other presiding officer may adjourn without the board's vote
or appeal in an emergency,and he or she may also call a brief
recess without a vote at any time, when necessary to "clear
the air" and thus reduce friction among the members.
Rule 12.Presiding Officer when the Chair is in Active Debate.If
the chair wishes to become actively engaged in debate on a
particular proposal, he or she shall designate another board
member to preside. The chair shall resume the duty to preside as
soon as action on the matter is concluded.
Comment: Good leadership depends, to a certain extent, on
not taking sides during a debate.On a small board this may not
always be feasible or desirable;yet an unfair advantage accrues
to the side whose advocate controls access to the floor. This
rule is designed to ensure evenhanded treatment to both sides
during a heated debate. Ordinarily the chair should call on the
vice-chair to preside if he or she finds it necessary to step aside.
Rule 13.Action by the Board.The board shall proceed by motion.
Any member, including the chair, may make a motion. If two or
more Commissioners speak at the same time to make a motion
18
(or second), the chair shall determine, for purposes of recording
action for the minutes, which name the Clerk to the Board shall
use.
Comment: The chair may make motions, or the chair may
invite another member to make a motion by saying"The chair
will entertain a motion that..."
Rule 14. Second Required. A motion shall require a second,
followed by discussion and/or comments and a vote.
Comment: The philosophy underlying the requirement of a
second is that if a proposal is not supported by at least two
members,it is not worth the time it would take to consider the
matter. A second does not necessarily mean that a member
agrees with the motion,but that the member wishes the matter
open to discussion.A second allows the matter to be discussed
further.
Rule 15. One Motion at a Time.A member may make only one
motion at a time.
Rule 16. Substantive Motion. A substantive motion is out of
order while another substantive motion is pending.
Comment: This rule sets forth the basic principle of
parliamentary procedure: distinct issues are considered and
dealt with one at a time, so a new proposal may not be put
forth until action on the preceding one has been concluded.
Robert's Rules of Order does not refer to substantive motions
as such; instead it uses such adjectives as "main" or
"principal." Here, a substantive motion is any motion other
than the procedural motions listed in Rule 19. The possible
subject matter of a substantive motion coexists with the
board's legal powers, duties, and responsibilities. Indeed,
since Rule 13 provides that the board shall proceed by motion,
the substantive motion is the board's exclusive mode of
action.The procedural motions detailed in the following rules
set forth the board's various options in disposing of
substantive motions.
Rule 17.Adoption by Majority Vote.A motion shall be adopted
if approved by a majority of the votes cast, a quorum being present,
unless an extraordinary majority is required by these rules or the
laws of North Carolina. A majority is more than half. A quorum
is a majority of the actual membership of the board, including any
19
vacant seats. A member who has withdrawn from a meeting
without being excused by majority vote of the remaining
members present shall be counted as present for purposes of
determining whether or not a quorum is present.
Rule 18. Debate.The chair shall state the motion and then open
the floor to debate, presiding over the debate according to these
general principles:
1. The member making the motion or introducing the ordinance,
resolution,or order is entitled to speak first.
2. A member who has not spoken on the issue shall be
recognized before someone who has already spoken.
3. To the extent possible, the debate shall alternate between
opponents and proponents of the measure.
Rule 19. Procedural Motions.
(a) In addition to substantive proposals,the procedural motions
listed in subsection (b) of this rule, and no others, shall be in
order. Unless otherwise noted, each motion is debatable, may be
amended, and requires a majority vote for adoption.
Comment: This rule substantially departs from Robert's Rules of
Order. Each procedural motion in Robert's Rules of Order was
reviewed to determine whether it was appropriate for use by a
small board; substantial modifications and deletions were the
result. The following enumeration of procedural motions is
exhaustive; if a procedural option is not on the list, it is not
available.
(b)In order of priority(if applicable),the procedural motions are:
Comment: While a substantive motion is out of order if
another substantive motion is pending, several procedural
motions can be entertained in succession without
necessarily disposing of the immediately pending one. The
order of the list below establishes which procedural motion
yields to which-for example,a move to defer consideration(6)
may be made while a move to refer to committee(9)is pending
be-cause(6)ranks higher on the list.
1. To Appeal a Procedural Ruling of the Presiding Officer. A
decision of the presiding officer ruling a motion in or out of
order, determining whether a speaker has gone beyond
20
reasonable standards of courtesy in his or her remarks, or
entertaining and answering a question of parliamentary law
or procedure may be appealed to the board as specified in
Rule 11. This appeal is in order immediately after such a
decision is announced and at no other time. The member
making the motion need not be recognized by the presiding
officer and the motion, if timely made, may not be ruled out
of order.
Comment: Rule 11 allows the ruling of the presiding officer on
certain procedural matters to be appealed to the board. This
appeal must be made as soon as the presiding officer's decision
is announced, so this motion is accorded the highest priority.
See Rule 11 and its comment for further discussion of this
motion.
2. To Adjourn. The motion may be made at the conclusion of
action on a pending matter; it may not interrupt deliberation
of a pending matter.
Comment: This motion differs from the Robert's Rules of
Order motion in several respects. In Robert's Rules of Order,
it is not debatable or amendable and can be made at any time,
even interrupting substantive deliberations. In view of the
small number of members and the available procedures to
limit debate, this rule allows debate and amendment of the
motion to adjourn but allows the motion to adjourn only when
action on a pending matter is over. The motion to defer
consideration or to postpone to a certain time or day maybe
used if the board wants to adjourn before completing action
on a matter.
3. To Take a Recess.
Comment: Robert's Rules of Order does not allow debate on
this motion, but since the number of members is small and
procedures to limit debate are available, this rule allows de-
bate on the motion.As in Robert's Rules of Order,the motion
is in order at any time. Note that under Rule 11, the chair
also has the power to call a brief recess.
4. To Call to Follow the Agenda. The motion must be made at
the first reasonable opportunity or it is waived.
Comment: This motion differs from the call for the orders of
the day in Robert's Rules of Order: it may be debated and
must be made when an item of business that deviates from
21
the agenda is proposed or the right to insist on following the
agenda is waived for that item.
5. To Suspend the Rules.The motion requires a vote equal to a quorum.
Comment:This motion differs from Robert's Rules of Order in
that it is debatable and amendable and the number of
necessary votes is a quorum rather than two-thirds.Thus if a
board has seven members, four members (a quorum) must
vote for the motion; if only four members are present at a
particular meeting, all four must vote for the motion in order
to adopt it. This motion is in order when the board wishes to
do some- thing that it may legally do but cannot without
violating its own rules.The procedure will pose some problems
for a three- member board, as it can be used to prevent one
member from participating in the board's deliberations.
Frequent use of the motion to prevent one member from
presenting proposals to the board or from speaking on an issue
before the board is of doubtful legality.A three-member board
may decide to require a unanimous vote to suspend the rules.
6. To Divide a Complex Motion and Consider it by Paragraph.
This motion is in order whenever a member wishes to
consider and vote on subparts of a complex motion separately.
Comment: This motion is the same as the division of a
question and consideration by paragraph in Robert's Rules of
Order except that it is debatable.
7. To Defer Consideration. The board may defer a substantive
motion for later consideration at an unspecified time. A
substantive motion that has been deferred expires 100 days
thereafter, unless a motion to revive consideration is adopted.
Comment: This motion, which replaces the motion to lay on
the table in Robert's Rules of Order, was renamed to avoid
confusion. It allows the board temporarily to defer
consideration of a proposal. It differs from Robert's Rules of
Order in that it may be debated and amended, and in that a
motion that has been deferred dies if it is not taken up by the
board (via a motion to revive consideration) within one
hundred days of the vote to defer consideration. (In Robert's
Rules of Order a motion laid on the table dies at the end of
the particular session of the assembly.) One hundred days
is the suggested period of time for deferring consideration
because it is also the time within which a proposed ordinance
must be enacted(see Rule 27).
22
8. To Call the Previous Question.The motion is not in order until
there has been a debate and every member has had one
opportunity to speak.
Comment: This motion differs from the motion in Robert's
Rules of Order. The Robert's Rules of Order motion is always
in order, is not debatable or amendable, and requires a two-
thirds vote for adoption. Thus, it may be used to compel an
immediate vote on a proposal without any debate on the
issue.Such a device may be necessary to preserve efficiency in
a large assembly, but with a small board, a minimum period
of debate on every proposal that comes before the board
strikes a better balance between efficiency and effective
representation by all board members. Since every member
will have an opportunity to speak, the debate may be ended
by a majority vote.
9. To Postpone to a Certain Time or Day.
Comment: This motion allows the board to defer
consideration to a specified time or day and is appropriate
when more information is needed or the deliberations are
likely to be lengthy.
10. To Refer a Motion to a Committee. The board may vote to refer a
substantive motion to a committee for its study and
recommendations.Sixty days or more after a substantive motion
has been referred to a committee,the introducer of the substantive
motion may compel consideration of the measure by the entire
board, whether or not the committee has reported the matter
to the board.
Comment: This motion is identical with the motion of the
same name in Robert's Rules of Order except that the
introducer's right to compel consideration by the full board
after a specified period of time prevents using the motion to
defeat a proposal by referring it to a committee that intends
to take no action on it. If the board does not use committees,
this rule is unnecessary.
11. To Amend. An amendment to a motion must be pertinent to
the subject of the motion. An amendment is improper if
adoption of the motion with that amendment added would
have the same effect as rejection of the original motion. A
proposal to substitute completely different wording for a
motion or an amendment shall be treated as a motion to
23
amend. There may be an amendment to the motion and an
amendment to an amendment, but no further amendments.
Any amendment to a proposed ordinance shall be reduced to
writing. A vote on a motion to amend a motion may be
regarded as a vote on the motion as amended if that is
determined to be the intent of the board.
Comment: This motion is identical to the motion of the same
name in Robert's Rules of Order except for the requirement
for written amendments to proposed ordinances.
12. To Revive Consideration. The motion is in order at any time
within one hundred days of a vote deferring consideration of
it. A substantive motion on which consideration has been
deferred expires one hundred days after the deferral, unless
a motion to revive consideration is adopted.
Comment: This motion replaces the motion to take up from the
table in Robert's Rules of Order and was renamed in order to
avoid confusion. This motion may be debated and amended;the
motion in Robert's Rules of Order may not. If the motion to
revive consideration is not successful within 100 days of the
original deferral date, the substantive motion expires. The
subject matter of the motion may be brought forward again by
a new motion.
13. To Reconsider. The board may vote to reconsider its action on a
matter. The motion to do so must be made by a member who
voted with the prevailing side (the majority, except in the case
of a tie; in that case the "nos" prevail) and only at the meeting
during which the original vote was taken, including any
continuation of that meeting through recess to a time and
place certain. The motion cannot interrupt deliberation on a
pending matter but is in order at any time before final
adjournment of the meeting. If a member wishes to reverse an
action taken at a previous meeting, he or she generally may
make a new motion having the opposite effect of the prior action.
Any new motion having the opposite effect of the prior action
that is related to the board issuing or not issuing a permit may
be considered only where new evidence is presented to the
board concerning the permit and all pertinent ordinance
requirements, substantive and procedural, including those
related to public hearings, have been met. Any new motion
24
having the opposite effect of the prior action that relates to an
ordinance may only be considered consistent with pertinent
ordinance requirements, substantive and procedural,including
those related to public hearings.
Comment: According to Robert's Rules of Order, the motion
may be at the same meeting or on the next legal day and may
interrupt deliberation on another matter. The rule does not
allow reconsideration of a vote once the meeting adjourns. A
member wishing to reverse an action taken at a previous
meeting may make a motion or introduce a new ordinance
having the opposite effect, consistent with public hearing
requirements of North Carolina Law.
14. To Prevent Reconsideration for Six Months. The motion shall be
in order immediately following the defeat of a substantive
motion, and at no other time. The motion requires a vote equal
to a quorum and is valid for six months or until the next regular
election of county commissioners, whichever occurs first.
Comment: This clincher motion prevents the same motion from
being continually introduced when the subject has been
thoroughly considered. Because this motion curtails a
member's right to bring a matter before the board,a vote equal
to a quorum is required.As with every other motion,a clincher
maybe dissolved by a motion to suspend the rules. Six
months is merely a suggested time; the board may shorten or
lengthen the time as it sees fit. In order to give a new board a
clean slate,the motion is not effective beyond the next regular
election.
Rule 20. Renewal of Motion. A defeated motion may not be
renewed at the same meeting.
Rule 21. Withdrawal of Motion.A motion may be withdrawn
by the introducer at any time before it is amended or before the
chair puts the motion to a vote, whichever occurs first.
Comment: Robert's Rules of Order provides that once a
motion has been stated by the chair for debate, it cannot be
withdrawn without the assembly's consent.Such a procedure
is unnecessary for a small board.
25
VII. Quorum and Other Rules
Rule 22. Duty to Vote. It is the duty of each member to vote
unless excused by a majority vote according to law. The board
shall excuse members from voting on matters involving their own
financial interest or official conduct as provided by law. A
member who wishes to be excused from voting shall so inform the
chair, who shall take a vote of the remaining members. No
member shall be excused from voting except in cases involving
conflicts of interest, as defined by the board or by law, or the
member's official conduct, as defined by the board. In all other
cases, a failure to vote by a member who is physically present in
the meeting, or who has withdrawn without being excused by a
majority vote of the remaining members present, shall be
recorded as an affirmative vote.
Comment: G.S. 153A-44 provides that board members have a
duty to vote, but does not state the remedy for failure to do
so. Many boards record all members as voting yes on any
matter put to vote unless members audibly vote no. A few
boards reverse the presumption and record members as
voting no unless they audibly vote yes.
Rule 23.Prohibition of Secret Voting.No vote may be taken by
secret ballot. If the board decides to vote by written ballot, each
member shall sign his or her ballot and the minutes shall record
the vote of each member. These ballots shall be retained and
made available for public inspection until the minutes of that
meeting have been approved, at which time they may be
destroyed.
Comment: See G.S.143-318.13(b)
Rule 24. Action by Reference. The board shall not deliberate,
vote, or otherwise act on any matter by reference to an agenda or
document number unless copies of the agenda or documents being
referenced are available for public inspection at the meeting and
are so worded that people at the meeting can understand what is
being discussed or acted on.
Comment:See G.S. 143-318.13(c).
26
Rule 25.Introduction of Ordinances,Resolutions,and Orders.A
proposed ordinance shall be deemed introduced at the first
meeting at which it is on the agenda and actually considered by
the board and its introduction shall be recorded in the minutes.
Comment: G.S. 153A-45 provides that an ordinance may not be
finally adopted at the meeting at which it is introduced except
by unanimous vote. The definition of introduction therefore is
important because it makes a difference in the number of votes
required to adopt an ordinance. The rule assumes that a mea-
sure is introduced only when the board begins to consider the
matter.
Rule 26. Adoption,Amendment, or Repeal of Ordinances.
To be adopted at the meeting where first introduced, an
ordinance or any action with the effect of an ordinance, or any
ordinance amending or repealing an existing ordinance (except
the budget ordinance, a bond order, or other ordinance requiring
a public hearing before adoption), must be approved by all
members of the board of commissioners. If the proposed measure
is approved by a majority of those voting but not by all members of
the board, or if the measure is not voted on at the meeting where
introduced,it shall be considered at the next business meeting of
the board. If the proposal receives a majority of the votes cast at
the next meeting or at a meeting within 100 days of being
introduced, it is adopted.
Adoption of Ordinances,Resolutions, Proclamations and Orders.
A motion shall be adopted by a majority of the votes cast for any
and all resolutions, proclamations and orders. The vote shall
express the sense of the board on a question or issue brought before
it and shall serve as an official declaration of a particular state of
fact or circumstance.
Comment: See G.S. 153A-45. See also G.S. 153A-46 for
requirements for granting franchises.
Rule 27. Quorum. A majority of the board membership shall
constitute a quorum. The number required for a quorum is not
affected by vacancies. If a member has withdrawn from a
meeting without being excused by majority vote of the remaining
members present, he or she shall be counted as present for the
purposes of determining whether a quorum is present. The board
27
may compel the attendance of an absent member by ordering the
sheriff to take the member into custody.
Comment: See G.S. 153A-43. Compelling the attendance of a
member by ordering the sheriff to take the person into custody
is an extraordinary remedy intended for use when a member
obstinately refuses to attend meetings for the purpose of
preventing action on a proposal.If the board contemplates using
this power,it should give the absent members notice that their
attendance is required by the majority and may be compelled in
this manner.
Rule 28. Public Hearings. Public hearings required by law or
deemed advisable by the board shall be advertised per legal
requirements and staff shall set forth the subject, date, place,
and time of the hearing as well as any rules regarding the length
of time allotted to each speaker and designating representatives
to speak for large groups. At the appointed time, the chair shall
call the hearing to order and preside over it. When the allotted
time expires, or earlier, if no one wishes to speak who has not
done so, the presiding officer shall entertain or make a motion to
end the hearing or adjourn the public hearing to another board
meeting, or vote on the item. The board shall thereafter resume
the regular order of business.
Anyone wishing to speak during a public hearing must first
provide his or her name and address to the Clerk to the Board.
Comment: G.S. 153A-52 provides that public hearings may be
held anywhere within the county and gives the board authority
to adopt rules governing the hearings.
Rule 29. Quorum at Public Hearings. A quorum of the board
shall be required at all public hearings required by law.
Comment:G.S.153A-52 implies that a quorum of governing board
members is necessary for a public hearing by providing that a
hearing shall be deferred to the next business meeting if a quo-
rum is not present at the originally scheduled time. However,if
the board decided to hold a public hearing not required by law
to gather a consensus of public opinion on an issue,the hearing
could be held at several different sites, with a few members at
each site.
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Rule 30. Minutes.Minutes shall be kept of all board meetings.
Minutes will be presented to the board on the business meeting
agenda. Substantive changes, including changes in content, will
be made in open session. Other changes may be provided to the
Clerk to the Board.
The exact wording of each motion and the results of each vote
shall be recorded in the minutes. On the request of any board
member the board shall be polled by name on any vote.
Minutes of closed sessions will be presented to the board during a
closed session held under G.S. 143-318.11(a)(1). Motion to go into
closed session should state that one purpose of the session is "to
prevent the disclosure of information that is made privileged or
confidential by G.S. 143-318.10(e)."
Minutes and general accounts of closed sessions shall be
considered sealed automatically. Closed session records shall
be unsealed by board action if and when the closed session's
purpose would no longer be frustrated by making these records
public.
Comment: See G.S. 143-318.10(d)and the discussion of minutes
in Bonnie E. Davis,Handbook for North Carolina County Com-
missioners,second edition, revised,by Joseph S. Ferrell(Chapel
Hill, N.C.: Institute of Government, 1985). G.S. 143-318.11(d)
provides that minutes and other records made of a closed
session may be withheld from public inspection as long as such
inspection would frustrate the purpose of the closed session.
Rule 31.Appointments. The board shall make appointments to
the covered advisory boards and committees as provided in the
Orange County Board of County Commissioners Advisory Board
Policy and associated board-specific policies and as that Policy
and associated policies may be amended from time to time.
Rule 32.Evaluation of Appointed Staff. The board shall
evaluate the performance of the County Manager, County
Attorney, and Clerk to the Board on an annual basis.
Rule 33.Amendment of the Rules.These rules may be amended
at any business meeting or at any properly called special meeting
that includes amendment of the rules as one of the stated
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purposes of the meeting. Adoption of these rules or an
amendment thereof shall require an affirmative vote equal to a
quorum.
Comment: Local boards may generally amend their rules of
procedure whenever they choose,unless a statute or rule of the
body that created the particular board provides otherwise. To
ensure that any amendments adopted reflect the will of the board
majority, a vote equal to a quorum is required to approve the
amendment.
Rule 34. Reference to Robert's Rules of Order. To the extent
not provided for in, and not conflicting with the spirit of, these
rules, the chair shall refer to Robert's Rules of Order to resolve
procedural questions.
Comment: Robert's Rules of Order was designed to govern a
large legislative assembly, and many of its provisions may be
inappropriate for small boards. Nevertheless, it is the best
source of Parliamentary procedure; care should simply be
taken to adjust Robert's Rules of Order to meet the needs of
small governing boards.
Rule 35. The Clerk to the Board shall be the Sole County
Officer Responsible for Presenting Documents to the Chair
for Signature. The Clerk to the Board shall review all such
documents with the County Manager and County Attorney
before they are presented to the chair for execution.
Rule 36.The Chair shall be the Spokesperson for the Board.
The chair shall be the official spokesperson for the board. In the
chair's absence, the vice-chair shall be spokesperson. In the
absence of the chair and vice-chair, the most senior BOCC
member will be the spokesperson. This follows the standard
hierarchy of board leadership. The chair may designate a board
representative to speak at events where a speaker has been
requested to represent the BOCC.
BOCC Adopted 11/8/12
ORANGE COUNTY COMMISSION FOR THE ENVIRONMENT
POLICIES AND PROCEDURES
SECTION I: SCOPE
A. Purpose
1. To establish a policy and procedures whereby the Orange County
Board of Commissioners will establish the specific policies and
procedures governing the Commission for the Environment.
2. The Orange County Board of Commissioners may appoint an advisory
board whose duty is to serve in an advisory capacity on matters
affecting the environment, with particular emphasis on environmental
protection.
B. Authority
1. North Carolina General Stature 153A-76 grants boards of
commissioners the authority to establish advisory boards.
2. The Orange County Advisory Board Policy serves as the underlying
policy document to which the Commission for the Environment, in
addition to this policy and procedure document, is subject. The
Orange County Advisory Board Policy is attached hereto as "Exhibit
A".
3. In the event there is a conflict between the Orange County Advisory
Board Policy and this Policies and Procedures document this Policies
and Procedures document shall control.
C. Charge
1. The charge of the Commission for the Environment is to advise the
Orange County Board of Commissioners on matters affecting the
environment, with particular emphasis on environmental protection.
SECTION II: GOALS AND OBJECTIVES
A. The Commission for the Environment shall have the following goals and
objectives:
1. To advise the Orange County Board of Commissioners with regard to
environmental policy, with particular emphasis on environmental
protection.
2. To educate the public and local officials on environmental issues.
3. To perform special studies and projects on environmental questions as
requested by the Orange County Board of Commissioners.
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BOCC Adopted 11/8/12
4. To recommend environmental initiatives to the Orange County Board
of Commissioners.
5. To study changes in environmental science and environmental
regulations in the pursuit of its duties.
6. Provide recommendations and input on the Lands Legacy Program.
7. To perform other duties as requested by the Orange County Board of
Commissioners.
SECTION III: MEMBERSHIP
A. Authority
1. North Carolina General Statute 153A-76 grants boards of county
commissioners the authority to establish advisory boards and to
appoint members to and remove members from those advisory boards.
In acting on this authority the Orange County Board of County
Commissioners hereby establishes certain general conditions to which
applicants and members of advisory boards should conform.
B. Composition
1. The Commission for the Environment is composed of fifteen voting
members.
2. The Commission for the Environment has no appointed alternate
members.
3. Five members shall have specific expertise in:
• Air Quality
• Biological Sciences
• Engineering, (preferably in a field related to the environment)
• Land Resources
• Water Resources
4. Ten at-large members with some knowledge of environmental science
and/or environmental issues including, but not limited to experts in the
following fields:
• Education
• Energy
• Law
• Public Health
• Public Policy
• Solid Waste
• Other areas that overlap with the five areas of specific expertise
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BOCC Adopted 11/8/12
5. The Commission for the Environment shall have no appointed ex officio
members.
C. Officers
1. The elected officers of the Commission for the Environment shall
consist of a Chair and a Vice Chair.
D. Election Procedures and Terms of Office
1. The Officers shall be elected by the Commission for the Environment
from among its members at the regular meeting in November of each
year. They shall take office at the following regular meeting.
SECTION IV. MEETINGS
A. Staffing
1. Orange County staff may serve a support function to advisory boards
upon the approval of the Orange County Manager. Upon the approval
of the Manager, the Department of Environment, Agriculture, Parks
and Recreation (DEAPR) shall serve as staff to the Commission for the
Environment. DEAPR shall keep all minutes and records of the
Commission for the Environment and provide proper and legal notice
of regular and special meetings to members of the public.
B. Agendas
1. Items for agendas shall be approved by the Commission for the
Environment Chair and staff.
2. All business to be considered shall be listed on the agenda. To secure
such consideration, a request must be received by the Chair at least
seven days before any regular scheduled meeting. No other business
may be considered except by majority vote of the Board members
present. All special business or items not specifically noted on the
regular meeting agenda may be deferred by the Commission for
the Environment until the next regular meeting date.
3. The order of business at regular meetings shall be:
a. Call to order.
b. Consideration of additions or changes to the agenda.
c. Call for approval of minutes of previous meeting.
d. Consideration of remaining items on the agenda.
e. Adjournment.
4. All meetings of the Commission for the Environment shall be open to
the general public.
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BOCC Adopted 11/8/12
5. The vote of a majority of those members present shall be sufficient to
decide all matters before the Commission for the Environment,
provided a quorum is present. During a meeting the members may
decide to postpone a final decision to allow a document to be finalized
for further consideration and to be voted upon via electronic mail
(email), as long as the voting records are documented and included in
the minutes of the next regularly scheduled meeting.
6. For procedures not covered by these rules or the Orange County
Advisory Board Policy, the Commission for the Environment shall
follow the rules contained in Roberts Rules of Order, Revised.
C. Date, Time and Location of Regular Meetings
1. Regular meetings of the Commission for the Environment shall be held
the second Monday of each month at 7:30 p.m. at the Southern
Human Services Center in Chapel Hill or the Environment and
Agriculture Center in Hillsborough, or other place within Orange County
designated by the Chair. The meetings shall adjourn not later than 9:30
p.m. unless extended for the meeting in session by vote of the
members.
D. Special Meetings
1. Special meetings may be called by the Chair or by the written request
of at least three other members of the Commission for the
Environment. The notice of such a meeting shall specify the purposes
of the meeting and no other business may be considered except by
unanimous consent of the Commission for the Environment members
present.
E. Meeting Notice
1. Department of Environment, Agriculture, Parks and Recreation
("DEAPR") staff shall give a minimum of five days' notice for both
regular and special meetings.
SECTION V. ORIENTATION
A. Attendance
1. Each member shall attend an orientation presented by the DEAPR to
familiarize the advisory board members with the operation of County
government, the DEAPR policies and procedures, and the operating
procedures of the advisory board.
2. Each voting member will be encouraged to complete the orientation
within five weeks of his or her appointment and participate in at least
one tour of locations relevant to the business of the Commission for
the Environment.
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BOCC Adopted 11/8/12
SECTION VI. BY-LAWS
A. By-Laws
1. Any Bylaws adopted by the Commission for the Environment are void
and no further bylaws shall be adopted. Procedure shall be governed
solely by this policy document and the General Advisory Board Policy
document.
2. Should the Commission for the Environment determine modifications
to policies and procedures are necessary the Commission may petition
the Board of County Commissioners for such modifications.
5