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HomeMy WebLinkAboutAgenda - 11-02-2005-8aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 2, 2005 Action Agenda Item No. S -a SUBJECT: Public Hearing on Initial Draft Maps /Plans Related to Possible District Elections for the Board of Commissioners DEPARTMENT: County Attorney, Planning, County Commissioners & County Manager ATTACHMENT(S): 1) Preamble 2) Draft Principles 3) Draft Process/Timetable 4) Sample Newspaper Public Hearing Notice 5) Draft Potential Impacts of Three Plans on Current Commissioners 6) 10/26105 County Attorney Letter Regarding Redistricting 7) Three Initial Draft Maps with Base Census Data (ATTACHMENTS PREVIOUSLY PROVIDED on May 5, August 24 & 31, & October 17, 2005 — Not Included Here) 1) Excerpt from May 5, 2005 Work Session Minutes 2) Definition of a Resident Information 3) County Commissioner Partisan Election Provisions 4) NC Counties Population /Concentration Comparison with Orange County 5) Minutes from Five Meetings of the 1993 Task Force on the Process of Electing County Commissioners PUBLIC HEARING: (Y /N) Yes 6) Multimember or Unusual County Commissioner Election Systems 7) Super Districts — Artie Franklin Letter to Chapel Hill Herald Editor 8) Three Counties Methods of Election Follow -up 9) Options for Electing County Commissioners by Residential Districts from Chair Carey 10)May 2005 Staff Report on the Structure of Boards of County Commissioners 11)2002 & 2004 General Election Results for BOCC 12)Maps Showing Districts for NC House Seats 13)School Districts Map 14)Elections Precincts Map INFORMATION CONTACT: Moses Carey, Jr., Chair Geof Gledhill, County Attorney, 732 -2196 Greg Wilder, 245 -2300 David Hunt, 245 -2130 John Link, 245 -2300 Brian Carson, 245 -2595 Craig Benedict, 245 -2592 PURPOSE: To conduct a public hearing on initial draft maps /plans related to Possible District Elections for the Board of Commissioners; continue the Board's review of the draft maps /plans and other associated materials related to possible District Elections for the Board of Commissioners; and provide comments, questions and any further direction to staff as appropriate. 2 BACKGROUND: At the Board's January 24, 2005 regular meeting, representatives of a group of Orange County residents addressed the Board and submitted a 1200 - signature petition to the Board regarding the method by which the members of the Board of Commissioners are elected in Orange County. The representatives requested that the Board review the current method of election for the members of the Board, which entails all five members of the Board being nominated and elected to staggered four -year terms on an at -large basis. The representatives specifically requested, as stated in the petition, that the Board "alter the method and manner by which Orange County Commissioners are elected to afford equal and fair representation to the residents of the county by adopting NCGS 153- 58(3)b, permitting the voters of Orange County to choose commissioners by electoral districts with each district being as nearly equal in population as practicable." The petition continued, "Further, that the qualified voters of each district nominate candidates and elect members who reside in the district for seats apportioned to that district and that some of the commissioners, but not more than half of the board, be allocated to the county as a whole, to be nominated and voted upon by the qualified voters of the entire county." Neither those making the request nor the petition submitted included any explanatory information or detailed any specific proposal regarding the format or implementation of the requested district representation for the Board. The County Manager and County staff reviewed the issue and the petition submitted and provided a report to the Board at the Board's May 5, 2005 work session. The report included information on the following: 1) the legal framework for structure of boards of county commissioners; 2) the various methods of at -large election, district election, and combination of at- large /district election utilized for boards of commissioners in the 99 other North Carolina counties; 3) a history of past discussions by the Orange County Board of Commissioners in regard to Board representation and election; 4) some limited boundaries and statistical information showing the population distribution as it may relate to the consideration /formulation of district representation for Orange County. The report was not intended to be an investigation of the benefits, costs, opportunities, hurdles, or timelines that may be associated with the consideration and possible implementation of district representation for the Board of Commissioners. It was intended to provide an initial framework of information upon which the Board of Commissioners could deliberate and determine as appropriate any further steps in evaluating this issue and responding to the request and petition submitted. The Board subsequently scheduled and conducted two public hearings on August 24 and August 31, 2005 to receive input from the public on this issue. After the August 31st public hearing, the Chair solicited input from other BOCC members on potential district election ideas /frameworks that the Board could consider as a next step in the review process. In addition, the Chair and Vice Chair provided direction and feedback to staff in the development of initial draft mapping and associated materials that followed the ideas /frameworks provided. These actions led to BOCC discussion at the Board's October 17, 2005 work session on five initial draft maps /plans, an introductory preamble, a draft set of Principles, and a draft Process/Timetable, all prepared in concert with ideas /input/frameworks outlined by BOCC members. The five initial draft maps /plans were provided based on staff's work with population numbers and precinct lines, and at the October 17 meeting, the Board agreed to move forward to tonight's public hearing with three initial draft maps /plans. Those three initial draft maps /plans are attached. A sample of the public hearing notice that appeared in three local newspapers is also attached. After this public hearing, staff will provide any analysis requested by the Board for additional BOCC discussion. In response to BOCC requests for additional information, staff has provided two other attachments. The first attachment is a summary of the draft district election plans potential impacts on current members of the board of commissioners. The second is a letter and attachments from County Attorney Geof Gledhill on the issues that may arise with district elections related to redistricting. Lastly, in response to a question from the October 17, 2005 work session regarding statistics on the number of commissioner seats for the 100 North Carolina counties, the totals based on information from the North Carolina Association of County Commissioners are as follows: 4 Counties — Three Commissioner Seats 61 Counties — Five Commissioner Seats 3 Counties — Six Commissioner Seats 27 Counties — Seven Commissioner Seats 1 County — Eight Commissioner Seats 3 Counties — Nine Commissioner Seats 1 County — Eleven Commissioner Seats FINANCIAL IMPACT: There is no financial impact associated with conducting the public hearing and additional review and discussion of initial draft maps /plans and other associated materials related to possible District Elections for the Board of Commissioners RECOMMENDATION(S): The Manager recommends that the Board conduct a public hearing on the initial draft maps /plans related to Possible District Elections for the Board of Commissioners; continue the Board's review of the draft maps /plans and other associated materials related to possible District Elections for the Board of Commissioners; and provide comments, questions and any further direction to staff as appropriate. Ell Three different variations of potential district elections maps /plans (of the original initial 5 draft maps /plans) are provided. The maps /plans are as follows: PROPOSAL2 FIVE COMMISSIONERS WITH TWO MULTIMEMBER DISTRICTS ONE THREE- MEMBER DISTRICT & ONE TWO- MEMBER DISTRICT ■ All five members could be nominated in the Primaries either by their respective District Voters OR by all County Voters, and all five members would be elected in General Election by all County Voters. PROPOSAL3 SEVEN COMMISSIONERS — ONE TWO - MEMBER DISTRICT/TWO SINGLE MEMBER DISTRICTS/THREE AT LARGE The four members from the three districts must reside in those respective districts and could be nominated in the Primaries either by their respective District Voters OR by all County Voters. Three at -large members would be nominated in the Primaries by all County Voters. All seven members would be elected in the General Election by all County Voters. PROPOSAL5 FIVE COMMISSIONERS — ONE TWO- MEMBER DISTRICT /ONE SINGLE MEMBER DISTRICT/TWO AT LARGE The three members from the two districts must reside in those respective districts and could be nominated in the Primaries either by their respective District Voters OR by all County Voters. Two at- large members would be nominated in the Primaries by all County Voters. All five members would be elected in the General Election by all County Voters. A set of DRAFT Principles and a DRAFT Process /Timetable is also provided for review. Other documents detailing the base census data upon which these initial maps were developed are also provided. The information detailed includes the 2000 Census total population, the "ideal population" for district delineation, the population ranges permissible in districts based on legal provisions, and the actual population numbers of the delineated districts for each plan. 1 7. STRUCTURE OF THE BOARD OF COUNTY COMMISSIONERS PRINCIPLES Voters should have the opportunity to vote, in the general election, for a majority of the members of the Board of Commissioners. The establishment of district boundaries and any necessary revisions should be based on decennial census data from the United States Census Bureau. District lines should, where feasible, follow already- existing township lines, precinct lines, roadways, and /or other boundary lines. District lines should be as simple and as easy to understand as possible. However, in order to comply with any statutory and constitutional provisions, delineations such as including a small or substantial portion of a township or community in one district may be necessary, thereby designating the remaining portion of the township or community as part of another district. To the degree possible, district boundaries should be configured to provide the opportunity for areas more urban in nature to produce commissioners from more urban areas and areas more rural in nature to produce commissioners from more rural areas. Any district plan should maintain a staggered term system for members of the Board of Commissioners. Any district plan should continue to provide African - Americans, women, and other minorities an equal opportunity to elect candidates of their choice. Adherence to the North Carolina statutory requirements that the district populations be as nearly equal as practicable and the Constitutional provision of one person -one vote and the existing population distribution in Orange County precludes the establishment of one commissioner representing each township in the County. Any district plan should foster greater participation of the public in the electoral process. 1 STRUCTURE OF THE BOARD OF COUNTY COMMISSIONERS PROCESS /TIMETABLE ACTIONS TO DATE January 2005 Submission of'Petition to BOCC C9 May 2005 Staff Report to BOCC August 2005 Two Public Hearings Conducted by BOCC to Receive Public Input September 2005 County Staff Begins Review of Orange County Decennial Census Data and Formulates Draft Plans with Potential District Lines Based on Proposals Received from BOCC Members October 2005 BOCC Initial Review of Draft Plans including Potential District Lines FUTURE (Proposed) November 2005 First BOCC BOCC Public Hearing on Draft Plans Regular Meeting including Potential District Lines and on November 2, Continued BOCC Review of Draft Plans 2005 including Potential District Lines Second BOCC BOCC Decision on One Plan with District Regular Meeting Lines on November 15, 2005 November 2006 Referendum by County Voters on BOCC- Approved Plan May 2008 Implementation of Adopted Plan (IF APPROVED BY VOTERS) ORANGE COUNTY BOARD OF COMMISSIONERS POSSIBLE DISTRICT ELECTIONS MAPS /PLANS PUBLIC HEARING NOTICE FOR WEDNESDAY, NOVEMBER 2, 2005 AT 7:30 P.M. PROPOSAL2 A public hearing will be held on initial draft — -- maps /plans related to Possible District Elections for the Board of Commissioners. The following proposals were selected by the Board at an October 17, 2005 work session to present at this o+ public hearing. 147,6941 The Board of Commissioners welcomes all � comments on all items as may be introduced La `a addressed at the public hearing, The meeting is open to the public and will be held on Wednesday, November 2, 2005 at the F Gordon Battle Courtroom in the Courthouse in DRAFT Hillsborough beginning at 7:30 p.m. If you need 6 Member Proposal p+ =2 Members additional information, please call Greg Wilder at p2=3 Members County's ebsite ww is also available on the County's website –www co orange nc.us a m 41.20% Aar Qitgiil � D2 5872% PROPOSAL 3 Proposal 2 -- Five Commissioners with — - Two Multimember Districts D1 One Three - Member District & f (30,6667' One Two - Member District All five members could be nominated in the I' Primaries either by their respective District Voters OR by all County Voters, and all five �.I F7 members would be elected in General Election by all County Voters. Proposal 3 -- Seven Commissioners –� DRAFT One Two- Member District/Two Single 7 Member Proposal Member Districts/Three At Large p+ =i Member The four members from the three districts 02 p2 =3 Members (26,37+) 3 A Largo must reside in those respective districts and D3 could be nominated in the Primaries either by ( 7,g7 r their respective District Voters OR by all 03 In County Voters. Three at -large members wouli 4640% E5p4% be nominated in the Primaries by all County „ A3 Voters. All seven members would be elected i $ p2 the General Election by all County Voters. 2456% PROPOSAL5 Proposal 5 -- Five Commissioners One Two - Member District /One Single Member District /Two At Large The three members from the two districts must reside in those respective districts and could be nominated in the Primaries either by their respective District Voters OR by all County Voters, Two at -large members would be nominated in the Primaries by all County Voters, All five members would be elected in the General Election by all County Voters. K i Member Proposal a= +Member 12 =2 Members ! At Largo la 33.72% -r, 66-26% 7 DRAFT DRAFT DISTRICT ELECTION PLANS POTENTIAL IMPACTS ON CURRENT MEMBERS OF THE BOARD OF COMMISSIONERS As currently proposed, the Board of Commissioners, prior to the end of calendar year 2005, will select one plan for potential district election of County Commissioners. Following that decision, it has been proposed that the plan be scheduled for a public referendum in November 2006. If a plan is selected and subsequently approved by voters, it has been proposed that the plan be implemented for the primary and general election of Commissioners occurring in 2008. Below is a summary of the impact that the three current draft plans will have on the five current Commissioners. Note: With any of the potential distict election plans, there will be a need to deterinine the sequencing of the district and /or at -large seats associated with those plans for implementation dui °ing the 1008 and 2010 elections. Until that sequencing is detei-niined, ,specific fi-aniewoiirs /opportunities foi° the potential election of can ent Commissioners cannot be(idly detailed. What follows assumes the pi,esent sequencing is inaintained. PROPOSAL 2 — FIVE COMMISSIONERS WITH TWO MULTIMEMBER DISTRICTS — ONE THREE- MEMBER DISTRICT & ONE TWO- MEMBER DISTRICT Commissioner Moses Carey, Jr Valerie Foushee Alice Gordon Steve Halkiotis 2006 In the middle of current 4 -year term — Not affected by any new plan In the middle of current 4 -year term — Not affected by any new plan Candidate for Possible Re- election — Not affected by any new plan Candidate for 2008 Potential District 2 Candidate Potential District 2 Candidate If re- elected in 2006, would be in the middle of a 4 -year term If re- elected in 2006, Possible Re- election would be in the — Not affected by any middle of a 4 -year new plan term Barry Jacobs Candidate for If re- elected in 2006, Possible Re- election would be in the — Not affected by any middle of a 4 -year new plan term 2010 If elected in 2008, would be in middle of 4- year term as District 2 Commissioner If elected in 2008, would be in middle of 4- year term as District 2 Commissioner Potential District 2 Candidate Potential District 1 Candidate Potential District 1 Candidate PROPOSAL 3 — SEVEN COMMISSIONERS — ONE TWO- MEMBER DISTRICT/TWO SINGLE MEMBER DISTRICTS /THREE AT LARGE Commissioner Moses Carey, .Jr.. Valerie Foushee Alice Gordon Steve Halkiotis 2006 In the middle of current 4 -year term — Not affected by any new plan In the middle of current 4 -year term — Not affected by any new plan Candidate for Possible Re- election — Not affected by any new plan Candidate for Possible Re- election — Not affected by any new plan li: Potential District 3 Candidate or Potential At -Large Candidate Potential District 3 Candidate or Potential At -Large Candidate If re- elected in 2006, would be in the middle of a 4 -year term If re- elected in 2006, would be in the middle of a 4 -year term Barry Jacobs Candidate for If re- elected in 2006, Possible Re- election would be in the — Not affected by any middle of a 4 -year new plan term 2010 If elected in 2008, would be in middle of 4- year term as District 3 Commissioner or At- Large Commissioner If elected in 2008, would be in middle of 4- year term as District 3 Commissioner or At- Large Commissioner Potential District 3 Candidate or Potential At -Large Candidate Potential District 1 Candidate or Potential At- Large Candidate Potential District 2 Candidate or Potential At -Large Candidate 9 II' 10 PROPOSAL 5 — FIVE COMMISSIONERS — ONE TWO- MEMBER DISTRICT /ONE SINGLE MEMBER DISTRICT /TWO AT LARGE Commissioner Moses Carey, Jr Valerie Foushee Alice Gordon Steve Halkiotis 2006 In the middle of current 4 -year term — Not affected by any new plan hi the middle of current 4 -year term — Not affected by any new plan Candidate for Possible Re- election — Not affected by any new plan Candidate for Possible Re- election — Not affected by any new plan 11: Potential District 2 Candidate or Potential At Large Candidate Potential District 2 Candidate or Potential At -Large Candidate If re- elected in 2006, would be in the middle of a 4 -year term If're- elected in 2006, would be in the middle of a 4 -year term Barry Jacobs Candidate for If re- elected in 2006, Possible Re- election would be in the — Not affected by any middle of a 4 -year new plan term 2010 If elected in 2008, would be in middle of 4- year term as District 2 Commissioner or At- Large Commissioner If elected in 2008, would be in middle of 4- year term as District 2 Commissioner or At- Large Commissioner Potential District 2 Candidate or Potential At -Large Candidate Potential District 1 Candidate or Potential At -Large Candidate Potential District I Candidate or Potential At -Large Candidate LAW OFFICES COLEMAN, GLEDHIL.L., HARGRAVE &. PEEK A PROFESSIONAL CORPORATION 129 E TRYON STREET P O DRAWER 1529 HILLSBOROUGH, NORTH CAROLINA 27278 919 - 732.2196 FAX 919.772 -7997 www cgandh mm Moses Carey, Jr., Chair Valerie P. Foushee Alice M. Gordon Stephen Halkiotis Barry Jacobs Orange County Board Post Office Box 8181 Hillsborough, North October 26, 2005 of Commissioners Carolina 27278 FROM THE DESK OF GEOFFREY GLEDHILL r.MAIL gadF.,, dhlu(e , nah n RE: Redistricting in a District Election System Dear Board Members: This letter summarizes how redistricting would work were Orange County to elect its Commissioners in whole or in part by (1) districts for the purpose of nominating or electing persons to the Board of Commissioners or (2) districts for residency purposes only. North Carolina General Statute § 153A -22 contains the requirement and the process of redistricting where electoral districts are for the purpose of nominating or electing persons to the Board of Commissioners. Generally speaking, it creates a standard of "substantial inequality of population among the districts," and provides that the Board of Commissioners, by resolution, can redefine the electoral districts in response to substantial inequality of population among the districts. The "redefined" electoral districts, after, redistricting, must be "as nearly equal as practicable." And, the redefined electoral districts must meet the constitutional, one person one vote requirement. If a district plan approved by the voters is a residency only one, there is no statutory mechanism for redistricting by resolution of the Board of Commissioners. "Redistricting" would have to be done either by another referendum creating the redefined districts or by special act or authority of the I Orange County Board of Commissioners Page 2 October 26, 2005 General Assembly. With a copy of this letter is a copy of Chapter 80 of the 1995 Session Laws which authorizes Chatham County to redistrict its residency only county commissioner districts in essentially the same way as the general law allows all counties to redistrict electoral districts that provide for nominating or electing persons by district. GEG /lsg Enclosure xc: John M. Link, Jr. Very truly yours, COLEMAN, GLEDHILL, HARGRAVE & PEEK, P.C. 1sg:1etters \bdofc0m redistricting ltr. doc ill 13 j 15 3 -20 CH 153A COUNTIES 6153 A -2 2 County Bonds Nor to Be Issued for Road Purposes of One Township or Taxing Dis- criet. — Whl le the building of public roads has been held a necessary expense, apclication a, the Principle mar nor be extended to instances where a statute requires the county to issue its bonds for road purposes to obtain aid for a township or local taring district therein, uoon the anpr01al of the voters of the particular discricr alone and uithour benefit to the others. Cur unissioners of Johnsfor Cour,tc v. Lacy. 174 N C. 141, 93 S E 48 £1917) Cited in River Birch Assocs v. City of Ra- leigh. 326 ti C 100, 3S8 S E 2d 533 1990, § 153A-20. Map of electoral districts. If a county is divided into electoral districts for the purpose of nominating or electing persons to the board of commissioner, the current boundaries of the electoral districts shall at all tines be . drawn on a map. or set out in a written description, or shown by a combination of these techniques. This current delineation shall be available for public inspection in the office of the clerk. (1973, c 322, s 1 ) § 153_A -21: Repealed by Session Laws 1973, c. 884 Editor's Note. — Session Laws 1975. c 399. applicable only to Robeson County, reenacted this section § 153A -22. Redefining electoral district boundaries. (a) If a county is divided into electoral districts for the purpose of nominat- ing or electing persons to the board of commissioners, the board of commis- sioners may find as a fact whether there is substantial inequality of population among the districts. (b) If the board finds that there is substantial inequality of population among the districts, it may by resolution redefine the electoral districts. (c) Redefined electoral districts shall be so drawn that the quotients obtained by dividing the population of each district by the number of commis- sioners apportioned to the district are as nearly equal as practicable, and each district shall be composed of territory within a continuous boundary, (d) No change in the boundaries of an electoral district may affect the unexpired term of office of a commissioner residing in the district and serving on the board on the effective date of the resolution. If the terms of office of members of the board do not all expire at the same time, the resolution shall state which seats are to be filled at the initial election held under the resolution. (e) A resolution adopted pursuant to this section shall be the basis of electing persons to the board of commissioners at the first general election for members of the board of commissioners occurring after the resolution's effective date, and thereafter. A resolution becomes effective upon its adoption, unless it is adooted during the period beginning 150 days before the day of a primary and ending on the day of the next succeeding general election for membership on the board of commissioners, in which case it becomes effective on the first day after the end of the period. (f) Not later than 10 days after the day- on which a resolution becomes effective, the clerk shall file in the Secretary of State's office, in the office of the register of deeds of the county, and with the chairman of the county board of elections, a certified copy of the resolution. (g) This section shall not apply to counties where under G.S. 153A- 58(3)d. or under public or local act, districts are for residence purposes only, and the 912 153A -22 rein; upon pa-icular he others. Lan, 171 itv of Ra. 1990), iting or of the Fritten =ant clerk, itibn ents mis- each the Via :e of hall the a of for on's ion of a :for 3ve Iles the 14 §153A -23 ARr } FOM,1OFGOV'ERNyENT §153A -27 k qualified voters of the entire county nominate all candidates for and elect all members of the board. (1981, c. 790 ) Local - Modification, — Dar=_: 1991, Es. any previous action under G S. 153.k.22." Sec- Sess, c 2. ss 4.6 1 l?s to applicability and tion 1 provides: "Chapter 136, Session Laws of contingency provisions, see 1991 Session Laws. 1991. lrelating to expanding and redistricting E.Y. Sess.. c. 2. s. 7). the Guilford County Board of Commissionersi Editor's Vote. — Session Laws 1993, c 521, is reenacted " s. 2 provides: "Section 1 of this act supersedes t §§ 153A -23, 153A -24: Reserved for future codification purposes ARTICLE 4. is Form of Government.. i' Part 1. General Provisions. § 153A -25. Qualifications for appointive of ice. The board of commissioners may fix qualifications for any appointive office, including a requirement that a person serving in such an office reside within the county. The board may not waive qualifications fixed by law for an appointive office but may fix additional qualifications for that office. (1973, c. 822, s. 1,) § 153A -26. Oath of office. Each person elected by the people or appointed to a county office shall, before entering upon the duties of the office, take and subscribe the oath of office prescribed in Article VI, Sec. 7 of the Constitution. The oath of office shall be administered by some person authorized by law to administer oaths and shall be filed with the clerk. On the first Monday in December following each general election at which county officers are elected, the persons who have been elected to county office in that election shall assemble at the regular meeting place of the board of commissioners. At that time each such officer shall take and subscribe the oath of office. An officer not present at this time may take and subscribe the oath at a later time. (1868, c. 20, s, 8; 1874 -5, c 237, s. 3; Code, as. 707, 708; 1895, c. 135, ss 3, 4; Rev., ss 1316, 1318; C.S., ss 1295, 1297; 1965, c. 26; 1973, c, 822, s 1) CASE NOTES Applied in Ratcliff v County of Buncombe. 663 F Supp 1003 (wD N 1967). § 153A -27. Vacancies on the board of commissioners. If a vacancy occurs on the board of commissioners, the remaining members of the board shall appoint a qualified person to fill the vacancy. If the number of vacancies on the board is such that a quorum of the board cannot be 913 H657 [SL 1995 -30] http: //www.ncga. state.nc.us /Sessions /1995 /Bills /Hoi: GENERAL ASSEMBLY OF NORTH CAROLINA 1995 SESSION RATIFIED BILL CHAPTER 80 HOUSE BILL 657 AN ACT MAKING SUNDRY AMENDMENTS CONCERNING LOCAL GOVERNMENTS IN CHATHAM COUNTY. FOX TRAPPING SEASON Section I. (a) Notwithstanding any other provision of law relating to trapping of foxes, there will be open season for taking foxes with traps of the leghold type no larger than one and one -half, with coil spring and with trap chain and at least three swivels set on dry land with solid anchor. No trap larger than number one and one -half coil spring may be used. This season shall be from December 1 to February 15 of each year. (b) No person shall place traps on the land of another without first obtaining written permission from the landowner or lessee. (c) There shall be no bag limit for foxes taken during the trapping season established in this section. (d) The Wildlife Resources Commission shall provide for the sale of foxes taken lawfully pursuant to this section. (e) This section applies only to Chatham County. (f) This section becomes effective October 1, 1995. ALLOW CENTRAL CAROLINA COMMUNITY COLLEGE TO LEASE CERTAIN PROPERTY TO THE CHATHAM COUNTY COUNCIL ON AGING Sec. 2. (a) Notwithstanding G.S. 115D -15, the Board of Trustees of Central Carolina Community College may lease a portion of its real property in Center Township of Chatham County, and grant necessary easements for utilities, to the Chatham County Council on Aging, Inc., upon such terms and conditions as it shall determine in its discretion. (b) This section applies only to the proposed lease of property in Chatham County. CHATHAM SCHOOL BOARD /COUNTY COMMISSIONER ELECTIONS Sec. 3. (a) The Board of Education of Chatham County shall consist of five members who shall be qualified voters of the County, and who 1 of 4 10/26/2005 10:23 A H657 [SL 1995 -30] http: / /www.ncga.state,nc,us /Sessions /1995 /Bills /Hou 106 shall be elected as hereinafter provided for staggered teens of four years. (b) For the purpose of electing members of the Board of Education, the County is hereby divided into four resident districts as follows: District Number One shall consist of all the territory within the boundaries of the precincts of Bynum, West Williams, East Williams, and New Hope. District Number Two shall consist of all the territory within the boundaries of the precincts of East Pittsboro, West Pittsboro, West Mann's Chapel, and East Mann's Chapel. District Number Three shall consist of all the territory within the boundaries of the precincts of Cape Fear, Haw River, Oakland, Goldston, and Harpers Crossroads. District Number Four shall consist of all the territory within the boundaries of the precincts of Bennett, Bonlee, South Siler City, North Siler City, Albright, Hadley, and Hickory Mountain. (c) The election shall be nonpartisan, and no primary election shall be held. The election shall be held at the same time as the regular primary for county officers, and except as provided in this section, the election shall be conducted in accordance with the applicable provisions of Chapter 163 of the General Statutes regulating general elections. (d) Beginning in 1996, and thereafter as the terms expire, one member shall be elected from Districts 1 and 2 for terms of four years. In 1998, and thereafter as the terms expire, one member shall be elected from District 3, and two members from District 4 for terms of four years. (e) Candidates must reside in the district which they seek to represent, but shall be voted on by the voters of the entire County. The candidates in each district receiving the highest number of votes, equal to the number of positions to be filled in the district, shall be declared elected. (f) The provisions of G.S. 115C -37, except for subsection (i), shall be applicable to the members of the Chatham County Board of Education. (g) Chapter 501 of the Session Laws of 1975 is repealed, except for Section 6. (h) Article 3 of Chapter 153A of the General Statutes is amended by adding a new section to read: 2 of 4 10/26/2005 10:23 A 1657 [SL 4 strict boundaries. 'Reside candidates ates-resUe district in which thec dtcL t r and represent the His ri t but the candidates are voted on in the nrirnqrii-,z and general elections -hy-ihe- qualified —voters --Q-f-tb(-�- entire countv. It includes districts establi bed either 4y -1a der A, -Joca --- act un (3) (4) if county is residc di s -tC c tsI Q --- board of commissioners njay f - indas.-a-fact whether thereis substantial i uality neq. ---of --ainiong- the -districts. If the � Ends that there is substantial - inequality—of—population amorigibe lution redefine the residency districts to make them more -mmrly tes fo orn ce -equal The- --U-rc- -p,tian- with sjg�ctiaij this is a L Qduci tLQu-in the relative overall range --of-deviation. (c No change in the boundaries of a -res-tdQnc ydistri ctmay t the unexpired_ -term -oL off -cQ--of-a-- commissioner - residing -ln-- the -district -and serving -orL- the --board --Q-n- the -effective date of the resolution.-If the terms Q -- --m— of office of nie�nftrs of- the board do-not --- all expire_atthe same time, the resolution to be filled at the initial election held 1995-801 http://wwl.v.nc.aa.state.nc us"Sessions/1 995/Bills/Hou under the resolution. ,((I) Are resolution op pursuant to this section shall be the of doQfing-pe�rsons to the board of commissioners at the first general etQ(ztim for members of the, board of corrunissioners occurring after the resolution's effective date, and thereafter. Before any resolution maybe dQpted pursuam t to this -sectjorthe- board -of - commissioners --shall hold a public -hearing -on-i-t. AWtice of the_publc hearing shall be gi_v_en once a week for two successive i weeks in a newspaper having -generaLdrculation in thesQuaty. 'L e notice I h-- - i- shall-biQ-publishe-d-for the fist time not less -than -DO-day-an-ar more than 20 days before the date fixed for hearing. In computing-the-p in e - uiod la: L tii i-. th e day-of -publication-shall included t the ehea n hall _nQtbeJ --Iiu-- -ofth hearing -Ae included = A resolution becomes effective upon - its ado Q- , -nntes it is adopted -during -the -period 4eginninga5-G- days -before -- he day of primary an e ndirg-mtte-day—of the next-s-ucceeding-gQnQLaL-QI!Q-QtiQa-for niernbership--o�rL the -board --of---jcommissioners, in which case it becomes - effective ft first day _after t --QrL -f-- --after�-Qndof me period. - W Not --Later -than LI�Lday-s-af-tLer- the -day -Qn-which a resolution becomes effective the clerk.sliall file in the Secretarf State's office,_in the of_fi_ce of the register deeds the jz Q- - ty and the chain an of the county Qard of elections,_a certified A he Qju es� tL -r- - Qnt (f) This section applies -W-Chatbanoy ni Cwnty - - - -nl 0- - CHATHAM SCHOOL BOARD TIME OF TAKING OFFICE Sec. 4. Section 6 of Chapter 501 of the Session Laws of 1975 of 4 in/76/?nw; in• ?" A H657 [SL 1995 -30] http:/hvww.nega.state,nc.us/Sessions/1995/Bills/Hou /S reads as rewritten: "Sec. 6. The provisions of G.S. - 115- 24- 115C_37_(_f) shall be applicable to the members of the Chatham County Board of Education. The -- persons elected -- shall- - qualify- by- takinb the - oath -o€ office 30 -- -days -- after-- the - election. The members of the Chatha>n County Board of Education shall bold a meeting--m-the-first-Monday _in December following the election_At that meetng� newly elected members of the Board of Education shall qualify by_ taking the oath of office as _prescribed in Article VI, Section 7 of the, Constitution." Sec, 5. This act is effective upon ratification, In the General Assembly read three times and ratified this the 11th day of May, 1995. Dennis A. Wicker President of the Senate Harold J. Brubaker Speaker of the House of Representatives 4 of 4 10/26/2005 10:23 A F 0 Proposal 2 The population numbers are from the 2000 Census. 115,531 = County Population 5 Members 2 Districts 115,531 / 5 = 23,106 District 1 = 46,212 ( "ideal population ") 5% deviation = +/- 2,311 Range = 43,901 to 48,523 District 2 = 69,318 ( "ideal population ") 5% deviation = +/- 3,466 Range = 65,852 to 72784 Deviation D1 = 3.2 % (47,694) D2 = 2.1 % (67,837) FINTIAM Proposal 3 The population numbers are from the 2000 Census. 115,531 = County Population 7 members 3 Districts 115,531 / 4 = 28883 District 1 & 2 = 28883 ( "ideal population ") 5% deviation +/- 1,444 Range = 27,439 to 30,327 District 3 = 57766 ( "ideal population ") 5% deviation +/- 2,888 Range = 54,878 to 60,654 Deviation D1 = 4.17 % (30,086) D2 = 1.77 % (28,371) D3 = 1.20 % (57,074) Proposal 5 The population numbers are from the 2000 Census. 115,531 = County Population 5 members 2 Districts 115,531/3 = 38510 District 1 = 38510 ( "ideal population ") 5% deviation +/- 1,926 Range = 36,584 to 40,436 District 2 = 77020 ( "ideal population ") 5% deviation +/- 3,851 Range = 73,169 to 80,871 Deviation D1 = 1.19% (38,968) D2 = 0.59% (76,563) 2000 Census Blacks Voting Precincts Rural Buffer Proposal 5