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BC 1991 03 04
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BC 1991 03 04
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4/30/2002 3:30:16 PM
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Meeting Minutes
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Minutes
Meeting Minutes - Date
3/4/1991
Board
Board of Commissioners
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73 <br /> <br />introduction to have taken place only when the board begins to <br />consider the measure, in which case this rule should be revised to <br />read as follows: "A proposed ordinance shall be deemed introduced <br />at the first meeting where it is actually considered by the board." <br /> <br />Rule 26. Adoption, Amendment, or Repeal of Ordinances. <br /> <br /> To be adopted at the meeting where it is first introduced, an ordinance or an <br /> action with the effect of an ordinance, or any ordinance amended or repealing <br /> an existing ordinance (except the budget ordinance, a bond order, or another <br /> ordinance requiring a public hearing before adoption) must be approved by all <br /> members of the board of commissioners. If the proposed measure is approved by <br /> a majority but not by all the members of the board, or if the measure is not <br />· voted on at that meeting, it shall be considered at the next regular meeting of <br /> the board. If it then or at any time thereafter within one hundred (100) days <br /> of its introduction receives a majority of the votes cast, the measure is adopted. <br /> <br />Comment: See G.S. 153A-45. See also G.S 153A-46, which requires <br />franchise ordinances to be adopted at two regular meetings. <br /> <br />Rule 27. Quorum. <br /> <br />A majority of the board membership shall constitute a quorum. The number <br />required for a quorum is not affected by vacancies. If a member has withdrawn <br />from a meeting without being excused by majority vote of the remaining members, <br />he or she shall be counted as present for the purposes of determining whether <br />a quorum is present. The board may compel the attendance of an absent member <br />by ordering the sheriff to take the member into custody. <br /> <br />Comment: See G.S. 153.43. Compelling the attendance of a member <br />by ordering the sheriff to take him or her into custody is an <br />extraordinary remedy to be used when a member obstinately refuses <br />to attend meetings, for the purpose of preventing action on a <br />proposal. If the board contemplates using this power, it might <br />wisely give absent members notice that their attendance is required <br />by the majority and may be compelled in this manner. <br /> <br />Rule 28. Public Hearings. <br /> <br />Public hearings required by law or deemed advisable by the board shall be <br />organized by a special order, adopted by a majority vote, setting forth the <br />subject, date, place, and time of the hearing. Prior to the beginning of the <br />public hearing, the chair may set any rules regarding the length of time <br />allotted to each speaker, designating representatives to speak for large groups, <br />and other such rules he feels reasonable to conduct the hearing. At the <br />appointed time, the chair shall call the hearing to order and preside over it. <br />When the allotted time expires, the chair shall declare the hearing ended and <br />the board shall resume the regular order of business. <br /> <br />Comment: G.S. 153A-52 provides that public hearing may be held <br />anywhere within the county and gives the board authority to adopt <br />rules governing the hearings. <br /> <br />Rule 29. Quorum at Public Hearings. <br /> <br />A quorum of the board must be present at all public hearings required by law. <br /> <br />Comment: G.S. 153A-52 implies that a quorum of governing board <br />members is necessary for a public hearing by providing that a <br />hearing shall be deferred to the next regular meeting if a quorum <br />is not present at the originally scheduled time. However, if the <br />board decided to hold a public hearing not required by law to gather <br />a consensus of public opinion on an issue, the hearing could be held <br />at several different sites, with a few members at each site. <br /> <br />Rule 30. Minutes. Minutes shall be kept of all board meetings. <br /> <br />Comment: See G.S. 143-318.10(d) and the discussion of minutes <br />(pages 48-49) in Bonnie E. Davis's Handbook for North Carolina <br />County' Commissioners (rev. by Joseph S. Ferrell, Institute of <br /> <br /> <br />
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