AGENDA #13
MEMORANDUM
TO: Mayor and Town Council
FROM: Council Member Mark Kleinschmidt
Council Member Jim Ward
SUBJECT: Report from the Committee to Study the Possible Creation of Student Seats on Town Advisory Board and Commissions
DATE: April 14, 2004
On November 24, 2003, the Council received a petition from the UNC Student Body Secretary proposing that the Council consider the creation of permanent positions for students on various Town advisory boards and commissions. The petition also suggested that if the Council chooses to create such positions, that the term lengths be set at two years. A copy of the petition is attached (see page 11).
The Council received an information report in response to this petition at its January 12, 2004 Council meeting. That report recommended that if the Council wanted to consider changes in committee composition and appointment policies, that the issue be referred to a Council committee to develop a set of recommendations. The Council agreed, and a Council committee was formed to propose a charge and composition for a Committee to Study the Possible Creation of Student Seats on Town Advisory Boards and Commissions (see page 20, excerpt from minutes of January 12, 2004). Mayor pro tem Wiggins and Council Members Kleinschmidt and Ward agreed to serve on the committee.
The Council Committee submitted on February 9 a proposed charge and composition of a committee to study this issue, which the Council accepted. Council Members Kleinschmidt and Ward agreed to serve on the Committee. Copies of the February 9 and January 12, 2004 memoranda are included as Attachment 1.
The Committee to Study the Possible Creation of Student Seats on Town Advisory Boards and Commissions met on March 18 and 25, and April 1. A membership list is attached for your information (Attachment 2).
The Committee looked at the composition of each of the Town’s boards, and what would be required to create student seats on those boards. The Committee concluded that it may not be appropriate that student seats with voting rights be included on boards which would require a local act from the General Assembly be enacted (see p. 13). And, it was also concluded that because of personnel privacy issues, the Personnel Appeals Committee would not be an appropriate board for student seats. The Committee suggested that if some boards were not appropriate for students to have full voting rights, that seats be provided that were ex officio in nature so that students would have all speaking rights and be treated as equal members of the board in all other ways.
Should student seats be created, the Committee felt that students who participate must understand the importance of the commitment they are making and reflect that commitment, through their participation in the work being carried out by their assigned board and through their attendance at meetings of the board.
It should be noted that through the Council’s process of recruitment and appointment, students age 18 and older have always had the opportunity to apply and be appointed to vacancies on boards and commissions. Any change to the make-up of advisory boards would not prohibit any student or citizen from applying for vacancies, unless the vacancies were specified as being reserved for a particular type of applicant.
Current Student Seats on Town Boards and Commissions
Currently, only one seat is designated specifically for a student representative, for a high school liaison on the Library Board of Trustees. According to records in the Town Clerk’s Office, the current student representative was appointed in June of 2002, and attended meetings in July, August and November of 2002, and in January of 2003. The student is not listed in minutes of the Library Board as attending since that time.
The Transportation Board has a seat reserved for a high school representative, but not specifically for a student. That seat is filled by a non-student recommended by the Chapel Hill-Carrboro School Board, and is filled yearly.
Currently, there are UNC students serving on Town boards, one on the Transportation Board and one on the Public Arts Commission, who were appointed through the Council’s normal appointment process. The seats occupied by the students are not designated specifically for a student.
Initial Recommendations from UNC, Chapel Hill High School, and
East Chapel Hill High School Recommendations
The Committee discussed in some detail how to address providing student seats on Town advisory boards and commissions. Following are recommendations put forth by the Committee for consideration by the Council:
1. Initial recommendations from UNC’s Student Representatives
· That University student liaison positions be created to serve on Town advisory boards, with the Executive Branch working with the Graduate and Professional Student Federation to recruit and fill these positions. Method of appointments to be decided.
· That liaisons serve one-year terms that coincide with existing terms, with UNC Student Government making appointments in the spring.
· That liaisons receive full voting rights on those boards that require amendment of the Town Code only, and not those that require local legislation,
· That liaisons be given ex officio status on those boards that require local legislation.
· That term lengths for University students who serve on Town boards be reduced from the current three years to one or two years, to accommodate student schedules and time commitments.
2. Initial Recommendations from Local High School Representatives
· While the high schools agree that having a liaison from each school would be beneficial, they believe that this is not enough. This position alone would not give such a large constituency a voice in the real workings of Town government. If persons under the age of 18 are unable to serve as voting members of boards and commissions, the high schools believe that non-voting positions should be created, thus allowing high school students a stronger and more influential voice.
· The high schools recommend that student seats would be appropriate on the following boards:
Bicycle and Pedestrian Advisory Board
Chapel Hill Public Arts Commission
Community Design Commission
Greenways Commission
Human Services Advisory Board
Library Board of Trustees
Parks and Recreation Commission
Technology Committee
Transportation Board
· The high schools representatives agree with the University representatives that students should serve one-year terms with existing terms, with Student Government making appointments in the spring.
· Appointments will be made through the two high schools’ Student Governments. Depending on the number of allotted seats, either each high school will individually appoint members or together decide who will best serve; never having more than 2/3 come from either school.
Questions for Consideration
The Committee identified a list of questions that should be addressed before the Committee makes a final recommendation to the Council:
1. Would adding student seats on Town advisory boards increase the actual number of members on a particular board? Or, would particular seats be assigned as student seats through normal attrition?
2. Would those seats remain designated for students and filled only with students, regardless of the number of vacancies that existed on that board?
3. Would adding student seats on Town advisory boards necessarily change the quorum required for a particular board to take action?
4. Would the membership total or quorum change if the student seats did not contain voting powers?
5. Would there be three student seats on each board, one for high school students, one for a University undergraduate student, and one for a University graduate student? Or, should there be four seats on each board, to provide one for each high school? Or, should there be two seats on each board, one for a University student (graduate or undergraduate) and one for a high school student?
6. Should students under the age of eighteen have full voting rights? (Town Attorney is research this question.)
7. How would reducing terms for student seats affect the work of various boards?
Suggestions for Consideration
The Committee offers two suggestions for the Council’s consideration:
1. That an annual meeting, potentially in September, be held between the students, the Council, Daily Tar Heel representatives and possibly others, to become familiar with individuals participating on Town boards and commissions, and to foster better communication between the students and the Council.
2. That a yearly review be conducted each March to discover if the student representatives to boards and commissions are effective in increasing participation by students in Town government, and identify any areas of this process that might need attention. And, that this information be forwarded to the Student Governments at UNC and both high schools.
3. That the student liaison position created by the Town Council in 1988 be amended to designate that the position be dedicated to the following:
- the Town Relations Co-Chairs, from UNC Student Government (undergraduates);
- the Local and City Government Co-Chairs, Graduate and Professional Student Foundation; and
- a student representative from each high school.
The Committee believes that the questions and suggestions outlined in this report should be addressed by the advisory boards, UNC Student Government representatives and high school representatives, and requests that they be forwarded to each board and group for a response. Once those responses are received, the Committee would come back with a proposal for the Council’s consideration.
The Committee requests that when advisory boards schedule this issue on their agenda for discussion, that the members of this Committee be notified so that those interested might attend and participate in that discussion.
The Committee also agreed that students appointed to serve on Town advisory boards and commissions, as well as the boards they will serve on, would benefit from a local government orientation program such as that proposed by the Town Manager. The Committee suggests that when this program is implemented, that new student liaisons to advisory boards participate in the program.
The Committee recommends adoption of the attached resolution, which would refer the comments from the Council’s discussion as well as the suggestions and questions set out by the Committee’s report to the Council, to each of the Town’s advisory boards and commissions (with the exception of the Personnel Appeals Committee), the Town Attorney and the Town Information Officer for comments and suggestions, as well as answers to the particular questions, in order to identify the best possible method of creating student seats on Town advisory boards and commissions. And, that when advisory boards schedule this issue on their agenda for discussion, that the members of this Committee be notified so that those interested might attend and participate in that discussion.
ATTACHMENTS
3. Minutes of the Committee’s March 18, 25, and April 1, 2004 meetings (p. 23).
A RESOLUTION REFERRING COMMENTS OF THE TOWN COUNCIL AND THE REPORT OF THE
COMMITTEE TO STUDY THE POSSIBLE CREATION OF STUDENT SEATS ON TOWN ADVISORY
BOARDS AND COMMISSIONS TO TOWN ADVISORY BOARDS AND COMMISSIONS (2004-04-14/R-18)
WHEREAS, the Council at its November 24, 2003, Council meeting received and referred a petition requesting that student seats be provided on Town advisory boards and commissions; and
WHEREAS, on January 12, 2004, the Council created a Council Committee to study this issue, with Mayor pro tem Edith Wiggins, and Council Members Mark Kleinschmidt and Jim Ward; and
WHEREAS, the Council Committee suggested that a committee be formed that included representation from the University, the Town’s two high schools, as well as current members of up to three Town advisory boards; and
WHEREAS, the Committee to Study the Possible Creation of Student Seats on Town Advisory Boards and Commissions was formed, and met on March 18 and 25 and April 1, and formulated a list of possible methods for creating student seats on Town advisory boards and commissions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the comments from the Council’s April 14, 2004 discussion as well as the suggestions set out by the Committee’s report to the Council of April 14, 2004, to each of the Town’s advisory boards and commissions (with the exception of the Personnel Appeals Committee), the Town Attorney, and the Town Information Officer for comments and suggestions on the best possible method of creating student seats on Town advisory boards and commissions.
BE IT FURTHER RESOLVED that the advisory boards and commissions are requested to place this issue on their next agenda and report back to the Council as quickly as possible.
BE IT FURTHER RESOLVED that when advisory boards schedule this issue on their agenda for discussion, that the members of this Committee be notified so that those interested might attend and participate in that discussion.
This the 14th day of April, 2004.
AGENDA #7
TO: Mayor and Town Council
FROM: Council Committee on Study Student Positions on Town Advisory Boards
Mayor pro tem Wiggins
Council Member Mark Kleinschmidt
Council Member Jim Ward
SUBJECT: Proposed Charge and Composition of Committee to Study the Possible Creation of Student Seats on Town Advisory Boards and Commissions
DATE: February 9, 2004
On November 24, 2003, the Council received a petition from the UNC Student Body Secretary proposing that the Council consider the creation of permanent positions for students on various Town advisory boards and commissions. The petition also suggested that if the Council chooses to create such positions, that the term lengths be set at two years. A copy of the petition is attached (see pages 6-7).
The Council received an information report in response to this petition at its January 12, 2004 Council meeting (Attachment 1). That report recommended that if the Council wanted to consider changes in committee composition and appointment policies, that the issue be referred to a Council committee to develop a set of recommendations. The Council agreed, and a Council committee was formed to propose a charge and composition for a Committee to Study the Possible Creation of Student Seats on Town Advisory Boards and Commission (see Attachment 2, excerpt from draft minutes of January 12, 2004). Mayor pro tem Wiggins and Council Members Kleinschmidt and Ward agreed to serve on the committee.
The Council Committee met on January 21 to discuss a proposed charge and composition of a committee to study this issue. The Committee felt strongly that both high school and University students are valuable constituents, and that a partnership between the Council and students should be pursued.
The Committee identified seven main objectives:
The Committee discussed the composition such a committee might have, and recommends that the Council consider the following membership:
1 UNC Student Activities Director (or a Division of Student Affairs Designee)
2 Council members
2/3 Current members of Town standing boards and commissions
2 Undergraduate students
2 Graduate students
2 Student body president (or his/her designee) from each of the Town’s two high schools
2 Community Service Coordinator from each of the Town’s two high schools
14 Possible members
Council Members Kleinschmidt and Ward have agreed to serve as the Council representatives to this committee. We would expect that officials of UNC student government would suggest appropriate members to fill the two undergraduate and two graduate student seats on the committee. The Town Clerk would serve as staff liaison to the committee.
We recommend that the committee report back to the Council no later than April 14, 2004.
The Council Committee recommends adoption of the attached resolution, which would set a charge and composition for a Committee to Study the Possible Creation of Student Seats on Town Advisory Boards and Commissions as suggested above, and instruct the Town Clerk to begin recruitment of Committee members.
ATTACHMENTS
A. January 12, 2004 Memorandum regarding Student Seats on Town Boards and Commissions (p. 4).
B. Excerpt from Draft Town Council Minutes of January 12, 2004 (p. 17).
A RESOLUTION SETTING THE CHARGE AND COMPOSITION OF A COMMITTEE TO STUDY THE POSSIBLE CREATION OF STUDENT SEATS ON TOWN ADVISORY BOARDS AND COMMISSIONS (2004-02-09/R-9)
WHEREAS, the Council Committee to Develop a Charge and Composition of a Committee to Study the Possible Creation of Student Seats on Town Advisory Boards and Commissions met on January 21, 2004; and
WHEREAS, the Council accepts the recommendations of the Council Committee regarding the charge and composition of this committee as follows:
Charge:
Committee composition:
1 UNC Student Activities Director (or a Division of Student Affairs Designee)
2 Council members
2/3 Current members of Town standing boards and commissions
2 Undergraduate students
2 Graduate students
2 Student body president (or his/her designee) from each of the Town’s two high schools
2 Community Service Coordinator from each of the Town’s two high schools
14 Possible members
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the recommendations of the Council Committee and forms a Committee to Study the Possible Creation of Student Seats on Town Advisory Boards and Commissions, with the charge and composition as listed above, and instructs the Town Clerk to begin recruitment.
BE IT FURTHER RESOLVED that Council Members Kleinschmidt and Ward will serve as the Council’s representatives to the Committee, and that the Council requests that UNC Student Government submit the names of appropriate members to fill the undergraduate and graduate seats on the Committee.
BE IT FURTHER RESOLVED that the Council instructs the Committee to report back to the Council with recommendations no later than April 14, 2004.
This the 9th day of February, 2004.
Attachment A
AGENDA #9
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Student Seats on Town Boards and Commissions
DATE: January 12, 2004
INTRODUCTION
The purpose of this report is to respond to the November 24, 2003 petition from UNC Student Body Secretary Francis Ferris. The petition proposed that the Council consider the creation of permanent positions for students on various Town boards and commissions. The petition also suggests that if the Council chooses to create such positions, that the term lengths be set at two years. A copy of the petition is attached (Attachment 1).
The November 24 petition highlighted several points for consideration by the Council:
· the current committee system “indirectly discourages student involvement in Town government”;
· the addition of student positions would help ensure that the student perspective is “heard and integrated into political decisions made by the Town”;
· a student running for Town Council in the recent election “seemed to have heightened interest in garnering student opinion”; and
· the Council is asked to recognize the “special needs of students as a constituency.”
BACKGROUND
The Council considered on January 28, 2002, a petition received from a citizen regarding the structure of Town advisory boards and the selection process of members. That memorandum provided information regarding Town ordinances and State law references, and other Charter-type documents that would need to be modified to amend the appointment process and membership (Attachment 2).
The Council on February 8, 1988, created a student liaison position to the Town Council as a result of a petition from the UNC Student Body President. The student liaison was to be the student body president or his/her designee, and was to serve as the formal line of communication between the Town and the UNC student body (Attachment 3). It is our understanding that the student body president at that time attended Council meetings during his tenure as president. To our knowledge, no other liaison has since been designated by UNC to serve in this capacity.
DISCUSSION
Should the Council wish to consider amending the membership on various advisory boards, we believe several issues should be considered:
1. Students who are residents can now apply for and be considered for appointment to vacancies on any Town advisory boards, commissions, or committees. Students who live outside the Town limits are eligible to apply for seats reserved for County or other members on Town boards.
2. Students may attend, as may all citizens, any advisory board meetings and may provide comments during the public participation portion of those meetings.
3. As noted in the January 28, 2002 report (Attachment 2), changing the membership of boards and commissions would require amendments to the Town Charter, the Code of Ordinances, the Development Ordinance, and in some cases, such as the Board of Adjustment, a local act from the N.C. General Assembly.
4. Membership on some committees, for example the Historic District Commission, requires special qualifications, demonstration of special interest, experience or education.
5. Excluding freshmen from applying for the proposed student seats, as suggested by the petition, would not be in conformance with the Town’s current policy of accepting applications from all Town residents.
RECOMMENDATION
We recommend that the Council take such further action as it deems appropriate. If the Council wishes to consider changes in committee composition and appointment policies, we believe it would be useful to refer the mater to a Council Committee for development of recommendations.
ATTACHMENTS
1. November 24, 2003 Petition from UNC Student Body Secretary (p. 3).
2. Memorandum of January 28, 2002 from Town Attorney (p. 5).
3. Excerpt from February 8, 1988 Town Council minutes (p. 13).
Attachment 1
AGENDA #3a(4)
Petition to the Chapel Hill Town Council
November 24, 2003
Presented by: Frances Ferris, UNC-CH Student Body Secretary
Box 47, Carolina Union
Chapel Hill, NC 27599
Petition for Consideration of the Creation of Student Positions on Town Committees
The Executive Branch of UNC-CH Student Government and the Graduate and Professional Student Federation respectfully ask that the Council consider the creation of permanent positions for students on relevant town committees.
We propose that the Council create student positions on committees that deal with issues of particular importance to the student body at Carolina, including but not limited to the:
o Bicycle and Pedestrian Advisory Board
o Community Design Commission
o Historic District Commission
o Human Services Advisory Board
o Planning Board
o Transportation Board
We also ask that the Council consider reducing the term lengths for these positions from three years to two years. The current committee system, as it stands, indirectly discourages student involvement in town government. The three-year term limits on committee positions require that an undergraduate student decide to join a committee at the end of his or her freshman year and then remain as a member for the next three years. The majority of freshmen are not in a position to make this commitment, nor do they possess the necessary experience or skills to function as quality committee members. Furthermore, a three year term would in many cases run into segments of education for graduate and professional students that may preclude involvement, such as clinical rotations and dissertation research.
Upperclassmen, on the other hand, have had the opportunity to hold leadership positions and increase their understanding of town issues. Likewise, graduate and professional students often have knowledge of town issues that their age and experience provides. These students would be valuable town committee members, yet many cannot commit to a three-year term. The system should be changed to allow students to serve for shorter terms, for although the actual individual might change each year, the perspective of this member will remain constant.
By adding specific student positions to the proposed committees, the Town Council would help to ensure that the student perspective is heard and integrated into political decisions made by the town. The committees and the town itself would be able to make better informed decisions with this increased student input. Further, our participation on town committees is both relevant and vital to the student support of the Council’s decisions and policy initiatives. By forming a more permanent relationship between students and the Town, both parties will benefit from the increased level of communication and understanding.
The issue of increasing student participation in town politics was highlighted in the recent Town Council race. With a student running for council, the candidates seemed to have heightened interest in garnering student opinion. This proposal addresses the genuine need for additional student involvement and offers a viable opportunity to attend to this issue.
Student Government would act to ensure that qualified students apply for these positions, yet we would also respect the current system that the Town has in place to choose the members of its boards and commissions. Recognizing that there are a wide range of options to consider, we have discussed various implementation plans for this proposal. If this petition is forwarded to the Chapel Hill town staff, Student Government representatives would like to work together with the Town to come up with the most feasible and appropriate implementation plan that suits the interests of all parties involved while ensuring that the most select student candidates are recommended for these positions.
As students, we do not wish to obtain undue influence on the committees beyond our status as regular citizens. Rather, we would like the Council to recognize the special needs of students as a constituency. We hope that you will consider our request and deem it to be of merit.
Attachment 2
AGENDA #4f
TO: Mayor and Town Council
FROM: Ralph D. Karpinos, Town Attorney
SUBJECT: Report on Advisory Boards Appointment Process
DATE: August 27, 2001
REISSUED: January 28, 2002
On June 11, 2001, the Town Council received a petition regarding the structure of Town advisory boards and the selection process for advisory board members. A copy of that petition is attached. The Council voted to receive and refer the petition to the Town Manager, Town Attorney and Town Advisory Boards. A copy of the excerpt of the draft minutes is also attached. The attached resolution would refer this report to Town advisory boards.
The purpose of this report is to provide background information for the Council on the applicable statutory and ordinance provisions pertaining to each advisory board so that it can be considered as part of the review by the Council, its advisory boards and the Town Manager.
Information on each Board is provided below, including the current membership, any applicable Town Ordinances and State Law References, and other Charter-type documents that would need to be modified to change the appointment process and membership.[1]
1. BICYCLE AND PEDESTRIAN ADVISORY BOARD
Current Membership And Appointment Process: Ten members. The Town Council appoints two from the Town of Carrboro and one from Orange County. The University appoints one representative.
Ordinance Reference: Section 2-171 of the Town Code.
Comment: Modifying the Bicycle and Pedestrian Advisory Board membership and appointment process as proposed in the petition would require an amendment to the Town Code.
2. BOARD OF ADJUSTMENT
Current Membership And Appointment Process: Ten regular members and three alternate members. The Town Council appoints eight members and two alternates who shall reside within the Town Limits. One member shall be appointed by the Orange County Board of Commissioners from the Town’s extraterritorial jurisdiction (ETJ). One member shall be appointed by the Orange County Board of Commissioners from the Joint Planning Area (JPA). One alternate member shall be appointed by the Board of Commissioners from either the ETJ or JPA.
Ordinance Reference: Section 25.3 of the Chapel Hill Development Ordinance.
State Law Reference: North Carolina General Statute 160A-388, which provides that the Council “may provide for the appointment…” of a board of adjustment. N.C.G.S. 160A-362 requires representation from the Town’s ETJ.
Other Chartering Document: Representation from the Joint Planning Area is required by the Joint Planning Agreement.
Comment: Modifying the Board of Adjustment membership and appointment process as proposed in the petition would require changes to the Development Ordinance, Joint Planning Agreement and a local act from the N.C. General Assembly.
3. CHAPEL HILL PUBLIC ARTS COMMISSION
Current Membership And Appointment Process: Eighteen members appointed by the Town Council.
Ordinance Reference: Council Resolution 92-2-10/R-3, February 10, 1992.
Comment: Modifying the Public Arts Commission membership and appointment process as proposed in the petition would require Council action modifying the February, 1992 Resolution.
4. COMMUNITY DESIGN COMMISSION
Current Membership And Appointment Process: Ten members appointed by the Council; also, one representative selected by and from the Planning Board, Parks and Recreation Commission, Transportation Board, Greenways Commission and Historic District Commission.
Ordinance Reference: Section 25.5 of the Development Ordinance.
State Law Reference: N.C.G.S. Sec. 160A-451, which says that appointment to the Community Appearance Commission shall be “by the governing board”.
Other Chartering Document: A Special Act alternatively authorizes a Town Appearance Commission, to be appointed by the Council.
Comment: Modifying the Community Design Commission membership and appointment process as proposed in the petition would require a special act from the General Assembly and a change to the Town’s Development Ordinance.[2]
5. GREENWAYS COMMISSION
Current Membership And Appointment Process: Seven members, appointed by the Town Council.
Ordinance Reference: Sec. 2-151 of the Town Code.
Comment: Modifying the Greenways Commission membership and appointment process as proposed in the petition would require a change to the Town Code.
6. HISTORIC DISTRICT COMMISSION
Current Membership And Appointment Process: Ten members, appointed by the Town Council.
Ordinance Reference: Section 25.4 of the Development Ordinance
State Law Reference: N.C.G.S. Sec. 160A-400.7, which does not indicate that the appointments are by the full Council, but does establish special qualifications that must be met by a majority of the members.[3]
Comment: Modifying the Historic District membership and appointment process as proposed in the petition would require a change to the Town Development Ordinance and possibly a local act. It is further complicated by the special qualifications established for some Commission members.
7. HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD
Current Membership And Appointment Process: Nine members, appointed by the Town Council.
Ordinance Reference: Section 2-160 of the Town Code, which establishes special qualifications for some members.[4]
Comment: Modifying the Housing Board membership and appointment process as proposed in the petition would require a change to the Town Code and is further complicated by the special qualifications established for some Board members.
8. HUMAN SERVICES ADVISORY BOARD
Current Membership And Appointment Process: Seven members, appointed by the Town Council.
Ordinance Reference: Section 2-121 of the Town Code.
Other Chartering Document: Section 2-121 directs that appointees are to be selected “to be representative of the entire town community, its needs, aspirations and values.”
Comment: Modifying the Human Services Advisory Board membership and appointment process as proposed in the petition would require a change to the Town Code.
9. LIBRARY BOARD OF TRUSTEES
Current Membership And Appointment Process: Seven members, appointed by the Town Council.
Ordinance Reference: Section 2-141 of the Town Code.
Comment: Modifying the Library Board of Trustees membership and appointment process as proposed in the petition would require a change to the Town Code.
10. ORANGE WATER AND SEWER AUTHORITY
Current Membership And Appointment Process: Nine members, five of whom are appointed by the Town Council.
State Law Reference: N.C. General Statute Section 162A-5.
Other Chartering Document: OWASA Articles of Incorporation and Bylaws.
Comment: Modifying the OWASA membership and appointment process as proposed in the petition would require a local act by the General Assembly and a modification to the OWASA Articles of Incorporation and Bylaws.
Current Membership And Appointment Process: Eleven members, ten of whom are appointed by the Town Council, with the remaining member appointed by the Orange County Board of Commissioners.
Ordinance Reference: Section 12-16 to –17 of the Town Code.
State Law Reference: N.C.G.S. Section 160A-354.
Comment: Modifying the Parks and Recreation Commission membership and appointment process as proposed in the petition would require a change to the Town Code.
12. PERSONNEL APPEALS COMMITTEE
Current Membership And Appointment Process: Eight members, appointed by the Town Council.
Ordinance Reference: Town Code Section 14-118.
State Law Reference: N.C.G.S. Section 160A-165, which provides that the Council “may establish a personnel board.”
Comment: Modifying the Personnel Appeals Committee membership and appointment process as proposed in the petition would require a change to the Town Code and possibly a local act by the N.C. General Assembly.
13. PLANNING BOARD
Current Membership And Appointment Process: Ten members; seven appointed by the Town Council; two appointed by the Orange County Board of Commissioners from the Town’s ETJ; and one appointed by the Board of Commissioners from the Town’s JPA.
Ordinance Reference: Development Ordinance Section 25.2.
State Law Reference: N.C.G.S. Sections 160A-360, 160A-362. and 160A-387.
Other Chartering Document: Section 5.10 of the Town Charter, which provides that Town members are to be appointed by the Town Council. Representation from the Joint Planning Area is required by the Joint Planning Agreement.
Comment: Modifying the Planning Board membership and appointment process as proposed in the petition would require changes to the Development Ordinance, Joint Planning Agreement and a local act from the N.C. General Assembly.
14. TECHNOLOGY COMMITTEE
Current Membership And Appointment Process: Fifteen members, appointed by the Town Council.
Other Chartering Document: Town Council Resolution 98-3-23/R-15.
Comment: modifying the Technology Committee, membership and appointment process as proposed in the petition would require a resolution of the Town Council.
15. TRANSPORTATION BOARD
Current Membership And Appointment Process: Nine members appointed by the Town Council.
Ordinance Reference: Town Code Sections 2-131 to 2-132.
Comment: Modifying the Transportation Board membership and appointment process as proposed in the petition would require an amendment to the Town Code.
Modifying the membership and selection process for various Town advisory boards would require different types of actions by the Town Council and, in some cases, other governing agencies. The attached resolution would refer this report to its advisory boards to consider with the petition received on June 11.
A RESOLUTION REFERRING THE REPORT ON THE ADVISORY BOARDS APPOINTMENT PROCESS TO ADVISORY BOARDS (2001-08-27/R-4)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Attorney’s August 27, 2001 Report on Advisory Boards Appointment Process be referred to Town advisory boards.
This the 27th day of August, 2001.
Attachment B
Excerpt from Minutes of the Chapel Hill Town Council Meeting of January 12, 2004:
Item 9 - Response to Petition regarding Student
Positions on Town Boards and Commissions
Mr. Horton said that the key point in a report from the Town Clerk was a recommendation to refer the matter to a Council committee to develop recommendations if the Council wishes to consider changes in committee composition and appointment policies.
UNC Student Government representative Michael McSwain stated that UNC provides education and opportunity for self-discovery but that the opportunity to understand citizenship comes from the Town. He encouraged Council members to make use of any opportunity to engage students. Mr. McSwain asked that the Council become role models for students and that they increase the Town-student relationship.
UNC Student Body Secretary Frances Ferris, who submitted the petition, explained that her proposal had not been meant as a definitive plan for increasing student involvement. It was just a series of ideas for encouraging students to become more involved in politics, she said.
Mayor Foy spoke in favor of the staff recommendation to form a Council committee to address this issue.
Mayor pro tem Wiggins agreed, and suggested that two or three Council members develop a committee charge and composition for consideration by the full Council. Council Members Wiggins, Kleinschmidt and Ward agreed to work together on that proposal.
COUNCIL MEMBERS AGREED BY CONSENSUS TO THE FORMING OF A COUNCIL COMMITTEE WITH COUNCIL MEMBERS WIGGINS, KLEINSCHMIDT, AND WARD, TO BRING BACK A PROPOSED CHARGE AND COMPOSITION FOR THE COUNCIL’S CONSIDERATION.
Membership List
Committee to Study the Possible Creation of Student Seats
on Town Advisory Boards and Commissions
Co-Chairs
Mark Kleinschmidt, Council Member Jim Ward, Council Member
[email protected] [email protected]
UNC Undergraduate Student Representatives
Frances Ferris Will Hartye
[email protected] [email protected]
UNC Graduate Student Representatives
Paul Caldwell Tim Cole
[email protected] [email protected]
UNC Student Body President UNC Student Activities Representative
Matt Tepper Jon Curtis, Asst. Dir. for Student Activities
[email protected] [email protected]
High School Representatives
Alice Joyce, Community Services Coordinator Linda Parker, Career Information Ct. Coord.
Chapel Hill High School East Chapel Hill High School
[email protected] [email protected]
Chris McLauren, Student Body President Anoop Desai, Student Body President
Chapel Hill High School East Chapel Hill High School
[email protected] [email protected]
Advisory Board Representatives
Andrew Ross, Public Arts Commission George Cianciolo, Transportation Bd. Chair
[email protected] [email protected]
Andrea Rohrbacher, Parks and Recreation Comm.
Staff Liaison
Joyce A. Smith, Town Clerk
SUMMARY OF A MEETING OF THE
COMMITTEE TO STUDY THE POSSIBLE CREATION OF
STUDENT SEATS ON TOWN ADVISORY BOARDS AND COMMISSIONS
THURSDAY, MARCH 18, 2004 AT 5:30 P.M.
The first meeting of the Committee was called to order at 5:30 p.m. by Council Members Mark Kleinschmidt and Jim Ward.
Members in attendance: Paul Caldwell, George Cianciolo, Tim Cole, Jon Curtis, Anoop Desai, Francis Ferris, Will Hartye, Alice Joyce, Chris McLauren, Linda Parker, Andrea Rohrbacker, Andrew Ross, and Matt Tepper.
Topics discussed included:
· Charge for the Committee’s work as set out by the Town Council’s resolution.
· Explored the idea of high school students receiving community service credits or possibly serving internships in conjunction with service on a Town advisory board. And, how it might be possible for University students to receive credit hours for service on a board.
· Ways to attract students, i.e. provide incentives for participation on boards.
· The possibility of identifying permanent student seats on Town boards, with shorter term lengths (possibly one year).
· How to overcome barriers that may prevent student participation on boards. Barriers identified were:
¨ Knowledge of what boards exist, i.e. provide link to Town’s website designed specifically for students.
¨ Boards must become more proactive in advertising their boards’ work.
¨ Work performed by boards may appear “boring” for students. Suggestion was that students could receive agendas for meetings so that could attend only if an item to be discussed was of interest.
¨ Terms limits.
¨ Serving on a board may be interpreted as the “administration” being in charge.
¨ Identifying what students could contribute to a board, i.e. a university student’s perspective would be different from a high school student’s.
¨ Awareness of what is available; how do we communicate that to students?
¨ Lack of communication between high school students and Town government.
¨ Students may have the perception that they are not listened to – they don’t matter.
¨ Publicity – how to let students know that seats exist.
¨ How to make students aware of the work each board performs so they can decide their level of interest.
¨ Age could be a barrier for some boards (quasi-judicial boards?).
¨ Need a student-specific process, such as a student liaison that would guide students through the process. And, have the Town provide education for those liaisons. Liaisons would exist at UNC, both high schools, possible elsewhere.
¨ Recruitment and how to get the word out about vacancies on boards for students.
¨ Graduate student involvement – large resource that is not used.
¨ Time commitments for students would be great. Interest in serving on a board would be stimulated if some kind of formal process for service existed, such as course credit.
Regarding publicity and communication:
What does the Town need to do?
What does the University need to do?
What do the high schools need to do?
Council Member Kleinschmidt suggested that an orientation for student liaisons could be created to education them about various aspects of Town government.
· UNC representatives were asked to bring to the next meeting a presentation on the existing opportunity for a student liaison on the Town Council, and, what has not worked in the past.
· High school representatives were asked to bring to the next meeting what mechanisms could be identified that would be used to identify students who are interested in participating on a board.
· Staff liaison will provide information on existing boards and obstacles that might exist for student involvement on Town boards.
The next meeting was scheduled for 5:30 p.m. on March 25 in the same location.
A tentative date of April 1st at 5:30 was identified for an additional meeting.
Prepared by: Joyce A. Smith, Town Clerk
Staff Liaison to the Committee
SUMMARY OF A MEETING OF THE
COMMITTEE TO STUDY THE POSSIBLE CREATION OF
STUDENT SEATS ON TOWN ADVISORY BOARDS AND COMMISSIONS
THURSDAY, MARCH 25, 2004 AT 5:30 P.M.
The meeting of the Committee was called to order at 5:30 p.m. by Council Members Mark Kleinschmidt and Jim Ward.
Members in attendance: Paul Caldwell, George Cianciolo, Tim Cole, Jon Curtis, Anoop Desai, Francis Ferris, Will Hartye, Chris McLauren, Andrea Rohrbacker, and Matt Tepper.
Members absent were: Alice Joyce, Linda Parker, and Andrew Ross.
Francis Ferris distributed a memorandum detailing the recommendations of UNC’s Student Executive Branch regarding student involvement on Town advisory boards. Specific recommendations included:
1. That the Council consider filling the position of student liaison to the Town Council with potentially two high school students, one from each of the two high schools. Student governments at each high school would determine the selection method.
2. That University student liaison positions be created to serve on Town advisory boards, with the Executive Branch working with the Graduate and Professional Student Federation to recruit and fill these positions. Method of appointments to be decided.
Ms. Ferris’ memorandum suggested that:
· liaisons serve one-year terms that coincide with the Student Government terms, which change each April.
· liaisons receive full voting rights on those boards that require amendment to the Town Code only, and not those that require local legislation.
· liaisons be given ex officio status on those boards that require local legislation.
Also suggested was that term lengths for University students who serve on Town boards be reduced from three years to one or two years, to accommodate student schedules and time commitments.
Anoop Desai and Chris McLauren gave a brief overview of recommendations for high school student seats on Town advisory boards. One question that was asked was what would have to happen in order to amend the Town Code to create student seats, the answer to which was an ordinance would need to be written with the appropriate amendments and presented to the Council for adoption. Other questions were:
· Would adding student seats on Town advisory boards increase the actual number of members on a particular board? Or, would particular seats be assigned as student seats through normal attrition?
· Would those seats remain designated for students, and filled only with students, regardless of the number of vacancies that existed on that board?
· Would adding student seats on Town advisory boards change the quorum required for a particular board to take action?
· Would the membership total or quorum change if the student seats did not contain voting powers?
It was suggested that an appropriate term for University students would be August through
May, as Student Government elections are held in April. It was also suggested that September through May would work well for high school students.
Regarding the chart of Town Boards and Commissions distributed at the beginning of the meeting, the members discussed the merits of boards identified as appropriate for student seats and those that were not, and the term lengths, appointment schedule, and who should make such appointments.
The following ideas and suggestions were placed before the Committee for discussion:
· Create three student seats on each board, one for a high school, an undergraduate, and a graduate student.
· Have the Town Attorney look into age and residency requirements, if any. Is it appropriate for students who cannot vote in local elections to have voting rights on an advisory board that makes policy recommendations to elected officials, or to have voting seats on quasi-judicial boards? Ask Town Attorney to research general law.
· For high school student seats, that terms be for one year with the two high schools coordinating the appointments to take place at the same time, and that the student government at each high school would conduct interviews and make the appointments.
Council Member Ward suggested a social gathering might be helpful so that Town officials or advisory board members could become better acquainted with student government liaisons and committee chairs. He also said that a serious look should be taken at each of the Town’s advisory boards to judge the time commitment that a member might be required to make, and to determine if students could meet that commitment.
The Committee was asked to forward any further recommendations to Staff Liaison Joyce Smith by Tuesday, March 30.
The next meeting of the Committee was scheduled for 5:15 on Thursday, April 1, in the 2nd Floor Training Room at Town Hall.
The meeting was adjourned at 7:08 p.m.
Prepared by: Joyce A. Smith, Town Clerk
Staff Liaison to the Committee
SUMMARY OF A MEETING OF THE
COMMITTEE TO STUDY THE POSSIBLE CREATION OF
STUDENT SEATS ON TOWN ADVISORY BOARDS AND COMMISSIONS
THURSDAY, APRIL 1, 2004 AT 5:15 P.M.
The meeting of the Committee was called to order at 5:15 p.m. by Council Members Mark Kleinschmidt and Jim Ward.
Members in attendance: Paul Caldwell, George Cianciolo, Tim Cole, Jon Curtis, Anoop Desai, Francis Ferris, Will Hartye, Alice Joyce, Chris McLauren, Andrea Rohrbacker, Andrew Ross, and Matt Tepper.
Members absent were: Linda Parker.
The Committee was given an opportunity to read through the draft report prepared by the staff liaison, and discussed the recommendations that had been formed through previous discussions and noted in the report.
It was suggested that the current student liaison position, created by the Council in 1988, be amended to designate that the position be dedicated to the following:
- the Town Relations Co-Chairs, from UNC Student Government (undergraduates);
- the Local and City Government Co-Chairs, Graduate and Professional Student Foundation; and
- a student representative from each high school.
Council Member Ward requested that the report include the Town advisory boards that currently have student seats, noting that the Library Board of Trustees and the Chapel Hill Public Arts Committee have such seats, and there may be others.
The Committee believed it would be beneficial if the Council was given a brief list of issues where student were involved, and issues where students were not involved but may have had an interest in the outcome:
Student Participated: Non-Participation by Students:
Fare Free for Transit Duplex Issue
Downtown Lighting Issue Noise Ordinance Amendments
Rental Licensing Program Occupancy Issues
Street Fair Review Committee Aquatics Center
Weaver Dairy Road Improvements Committee
Northside Conservation District
The Committee made the following changes to the report to be forwarded to the Council:
Recommendations from UNC representatives:
· The recommendation regarding the filling of the student liaison position with two high school students was deleted.
· The recommendation regarding term lengths was amended to read that the one-year terms should coincide with existing terms, with student government making appointments in the spring.
Recommendations from the High School Representatives:
· That the Community Design Commission be included in the list of boards that would be appropriate for student seats.
· That they were in agreement with the UNC Student Representatives regarding terms lengths.
In the section of the report on Questions for Consideration, the Committee agreed by consensus to remove question #7 and #9.
In the section on Suggestions for Consideration, the Committee agreed by consensus to recommend that the student liaison position created by the Town Council in 1988 by resolution be amended to designate that the position be dedicated to the following:
- the Town Relations Co-Chairs, from UNC Student Government (undergraduates);
- the Local and City Government Co-Chairs, Graduate and Professional Student Foundation; and
- a student representative from each high school.
The Committee agreed by consensus that the summary minutes of the three meetings held by the Committee should be included with the report as an attachment when it is forwarded to the Council.
The meeting was adjourned at 6:25 p.m.
Prepared by: Joyce A. Smith, Town Clerk
Staff Liaison to the Committee
[1] The petition did not address the issue of removal of advisory board members. As appointees of the Council, board members are currently subject to removal by the Council. Removal and tenure as it relates to the term of office of a Council Member may be an additional issue the Council would wish to address in response to the petition.
[2] For the Design Review Commission and the Planning Board, both General Statutes and the Town Charter are cited as affecting the appointment process. The Town Charter consists of a series of acts of the General Assembly establishing powers for the Town of Chapel Hill. In some cases the Charter indicates even more clearly than the General Statutes that board appointments are to be by the Council as a group. Some of the land use regulatory powers in the Town’s Development Ordinance are authorized by provisions of the Charter. Therefore, a revision to the Charter by way of local act would clearly be advisable especially if the Council wished to continue to exercise those powers authorized by local act in addition to those authorized by General Statutes.
[3] A majority of the members must demonstrate a special interest, experience, or education in history, architecture, archaeology, or related fields.
[4] Three members shall be residents of public housing of Chapel Hill or Carrboro, one of whom shall be a representative from the residents’ council. One member shall be a citizen of Carrboro.