AGENDA #4f

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            Ralph D. Karpinos, Town Attorney

 

SUBJECT:       Report on Advisory Boards Appointment Process

 

DATE:             August 27, 2001

 

 

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.

 

INTRODUCTION

 

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.

 

DISCUSSION

 

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 OrangeCounty.  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 2-121of 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.   

 

11.  PARKS AND RECREATION COMMISSION

 

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.    

 

CONCLUSION AND RECOMMENDATION

 

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.

 

ATTACHMENTS

 

  1. Petition from Dan Coleman (p. 8).
  2. Excerpt of draft minutes (p. 9).

 

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.

 


[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.