Purpose

1. Meetings
   1. Definitions
      1. Regular
      2. Special
      3. Recessed or Continued
      4. Joint
      5. Emergency
      6. 1. Work Sessions, Informal Meetings, Committee of the Whole
         2. Work Sessions with Advisory Boards and Commissions
      7. Closed Session
      8. Social Gatherings
   2. Agenda of Council Meetings
      1. Preparation of the Agenda
      2. Request for Agenda Items
      3. Items on the Agenda
      4. Adding Items to the Agenda
      5. Order of the Agenda
      6. Removal of Items from the Agenda
      7. Delivery of Agenda and Packet to Council
      8. Distribution to the Public
   3. Meeting Procedures
      1. Presiding Officer
      2. Quorum
      3. Staff Presentation
      4. Discussion
      5. Order of Discussion
      6. Public Participation
      7. Petitions to the Council
      8. Time Limits
      9. Closed Session Procedures
      10. Parliamentary Procedure
   4. Action by the Council
      1. Ordinances
      2. Resolutions
      3. Motions
      4. As to Particular Matters
   5. Voting
      1. Routine
      2. Ordinance
      3. Protest
      4. Abstention
      5. Tie Votes
   6. Public Hearings and Public Forums
      1. Purpose
      2. Required by Law
      3. Notice of Public Hearings
      4. Procedure at Public Hearings
      5. Recess of Public Hearings
      6. Reconvening of Public Hearings
      7. Special Use Hearings
      8. Subdivision Hearings
   7. Record of Council Action
      1. Minutes
      2. Minute Book
      3. Book of Ordinances
      4. Book of Resolutions
      5. Code of Ordinances
2. Committees
   1. Council Committees
   2. Citizen Task Forces
   3. Committees to which Council Members are Appointed
      1. Triangle J Council of Governments
      2. Firefighters’ Relief Fund
      3. Joint Orange-Chatham Community Action, Inc. (JOCCA)
   4. Council-Appointed Boards and Commissions
      1. Town Boards and Commissions
      2. General Procedures
         1. Annual Report
         2. Orientation to Boards
         3. Participation in Meetings
         4. Reimbursement of Expenses
   5. Council Liaison to Boards and Commissions
   6. Appointment Procedures
      1. Information on Composition of Development Review Advisory Board Membership and Appointment Process
      2. Final Action
      3. Voting
         1. Ballots
         2. Procedure
3. General Policies and Procedures
   1. Professional Meetings
      1. Attendance
      2. Expenses
      3. Procedure for Making Reservations
      4. Reimbursement
   2. Services and Materials Available to the Council
      1. Supplies
      2. Duplication
      3. Periodicals
      4. Books
      5. Reference Materials
      6. Town Hall
      7. Voice Mail
      8. Email
      9. Computers and High Speed Internet Access
   3. Procedure for Evaluation of Town Manager and Town Attorney
      1. Purpose
      2. Evaluation Goals
      3. Evaluation Schedule
      4. Town Manager and Town Attorney Evaluation Form
   4. Naming Public Facilities
      1. Establishing a Standing Committee on Naming Facilities
      2. General Procedures for Receiving and Considering Proposals to Name or Rename Town Facilities
      3. General Policies for the Naming Committee
      4. Consideration by the Council
      5. Policies for Naming and Renaming Residential Streets
      6. Policies for Dedications and Memorials
   5. Council-Adopted Policies and Procedures
      1. Acceptance of Gifts
      2. Authorization for Manager to Enter into Contracts
      3. Authorization for Manager to Enter into Encroachment Agreements
      4. Authorization for Purchasing Agent to Dispose of Personal Property Valued at Less than Five Thousand Dollars ($5,000)
      5. Use of Public Streets
      6. Selection of Architectural and Engineering Professional Services
         1. Public Policy
         2. Objectives
         3. Scope
         4. Procedures
      7. Student Government Liaison to the Town Council
      8. Establishment of a Percent for Public Art Program for Town Funded Capital Improvement Projects
      9. Defining a Percent for Art Program and the General Policies of the Program
4. Open Meetings Law of North Carolina

Appendix A
Advisory Boards and Commissions, Ad-hoc Committees and Task Forces (updated semi-annually)

The Town Council Procedures Manual is a reference guide that sets out the accepted practices and policies of the Council regarding how it conducts the business of the Town. The Procedures Manual references State statutes where applicable, as well as the Town Code of Ordinances and the Land Use Management Ordinance.

The Procedures Manual sets out the general and specific processes and procedures of the Council, including:

• the purpose and types of Council meetings;
• Council agendas and meeting procedures;
• types and descriptions of committees, as well as the appointment process;
• general policies and procedures of the Council; and
• Council-adopted policies and procedures.

The Procedures Manual includes an excerpt of the latest edition of the Open Meetings Law of North Carolina, provided in a question and answer format.  Appendix A provides the most recent listing of all Advisory Board and Commission members, as well as their contact information and term expiration dates.

The Procedures Manual may be amended at any time at the Council’s discretion.

The Town Council Procedures Manual is a reference guide that sets out the accepted practices and policies of the Council regarding how it conducts the business of the Town. The Procedures Manual references State statutes where applicable, as well as the Town Code of Ordinances and the Land Use Management Ordinance.

The Procedures Manual sets out the general and specific processes and procedures of the Council, including:

• the purpose and types of Council meetings;
• Council agendas and meeting procedures;
• types and descriptions of committees, as well as the appointment process;
• general policies and procedures of the Council; and
• Council-adopted policies and procedures.

The Procedures Manual includes an excerpt of the latest edition of the Open Meetings Law of North Carolina, provided in a question and answer format.  Appendix A provides the most recent listing of all Advisory Board and Commission members, as well as their contact information and term expiration dates.

The Procedures Manual may be amended at any time at the Council’s discretion.

1. Regular. Regular meetings are set by the Council at such times and places as it seems appropriate, except for the organizational meeting which falls on the first regular meeting date in December in odd numbered years (unless otherwise determined by the Council). North Carolina’s Open Meetings Law requires the Council’s regular meeting schedule be filed in the Office of the Town Clerk. The schedule is permanent and need be filed only once unless the regular meeting schedule changes. This filing and publication on the Town's website are the only notice required by law for regular meetings. The Council adopts a regular meeting schedule at the first business meeting after the summer break of each year for the coming year. Most meetings are at 7:00 p.m. in the Council Chamber of the Chapel Hill Town Hall, 405 Martin Luther King Jr. Blvd., Chapel Hill, North Carolina.
   
   
2. Special. Special meetings may be called by the Mayor, Mayor Pro Tempore, or any two Council members. Notice of a special meeting and the purpose of such special meeting shall be given each member of the Council or a copy of the notice of the meeting shall be left at the member’s residence at least six hours prior to the meeting. A special meeting is subject to the State’s Open Meetings Law by its definition. Therefore, notice of time and place of the meeting must be posted on the door of the governing body’s normal meeting room at least forty-eight (48) hours in advance, must be mailed or delivered (within the same time limit) to anyone who has requested such notice, and published on the Town's website.
   
   
3. Recessed or Continued. The Council may recess a meeting to a specified time, date and location without further notice to members of the public being required.
   
   
4. Joint. The Council has authority to hold joint meetings and public hearings with the governing bodies of other governmental units, and such joint meetings may be held in the jurisdiction of either body. They may be regular or special.
   
   
5. Emergency. Emergency meetings may be held to deal with an emergency at any time. The State’s definition of an emergency meeting has two elements. First, the meeting must concern "generally unexpected circumstances," and second, those circumstances must require "immediate consideration" by the Council. All that is required is to notify any local news medium that has requested notice. There is no minimum time period for this notice, and the meeting may be held as quickly as the members of the Council can gather.
   
   
6. Work Sessions, Informal Meetings, Committee of the Whole. The Council may hold work sessions, informal meetings, or committee of the whole meetings; however, no final action may be taken at such a meeting. The Open Meetings Law defines an informal meeting as any gathering of a majority of the Council for the purposes of considering or deliberating on the public business. Such a meeting is an official meeting of the Council and requires forty-eight hours’ advance notice to the public.
   
   
7. Closed Session. Closed sessions may be held only when the Council has convened a meeting. See Section I.C.9 - Closed Session Procedures.
   
   
8. Social Gatherings. The law exempts genuine social gatherings of a majority of the Council from constituting an official meeting of the Council. That is, "a social meeting or other informal assembly or gathering together of the members of a public body does not constitute an official meeting unless called or held to evade the spirit and purposes of this Article" (N.C.G.S. 143?318.10).

The business of a Council meeting is controlled by the agenda prepared as hereinafter set forth. The agenda per se is not normally adopted by the Council. However, approval of the agenda at the opening of each meeting will help the Mayor and council set expectations for the meeting. Items may be taken out of order upon motion and two-thirds vote, or by unanimous consent. Any business on the agenda may be considered by the Council, and if all members are present any business not on the agenda may be considered if there is no objection.

1. Preparation of the Agenda. The Town Manager, in consultation with the Mayor, prepares the agenda.
   
   

2. Request for Agenda Items. Items may be placed on the agenda by the following methods:

   1. Request of the Mayor.

   2. Request of a Council member:

      1. At the petition time at the beginning of a meeting. (Such practice is usually limited to items for discussion only, or items of a non-controversial nature, which arise after the preparation of the agenda, or as an oversight. The Council discourages the use of this method for items requiring documentation and study, unless delivered in advance, or items of a controversial nature since public notice thereof has not been given in advance); or

      2. At the end of the agenda at the preceding regular meeting;

      3. At any time between meetings by request to the Manager.

   3. Request of the Manager.

   4. Request of the Town Attorney.
      
      

3. Items on the Agenda. No item shall be placed on the agenda until all necessary relevant reports, supporting data, and memoranda are available for distribution with the packet and the agenda.
   
   

4. Adding Items to the Agenda. No item may be added to the Council’s agenda during a meeting without the unanimous consent of all members present at the meeting.
   
   

5. Order of the Agenda. The agenda shall be set in the following order:

   1. Ceremonies.

   2. Public hearings or public forums, if any.

   3. Oral and written petitions from citizens.

   4. Council announcements - this would also be the time for a Council member(s) pull a consent item for a "thank you" or acknowledgement.

   5. Consent Agenda - items of a routine nature will be placed on the Consent Agenda to be voted on in a block. The Mayor and the Manager will decide which items will be placed on the Consent Agenda. Consideration of Council meeting minutes shall normally be the last item on the Consent Agenda. If Council member(s) want to vote "no" on a specific consent agenda item, the item will be pulled for a separate vote. To further discuss an item, the item will be moved to another meeting.

   6. Information reports that do not require action.

   7. Old business items deferred or continued from previous meetings - staff will highlight the current issues.

   8. Items having wide public concern or likely to result in the attendance of citizens interested in them.

   9. Matters of less public interest.

   10. Appointments.

   11. Council Petitions.

   12. Manager/Attorney petitions.

   13. Closed Session, if needed.
       
       

6. Removal of Items from the Agenda. The Council may remove items from the agenda on the regular agenda or the Consent Agenda:

   1. Removal of an item not on the Consent Agenda may be requested by Council member(s) during the petition time.

      If a Council member desires to have an item removed from the agenda of a meeting at which the Council member will not be present, a written request shall be distributed to the Council by the Friday prior to the meeting. At the meeting, the Mayor shall present the written request to the Council for a vote.

      Five affirmative votes shall be necessary to remove an item from the agenda. Items removed, unless noted otherwise, will be placed on the agenda of the next similarly scheduled (regular or public hearing) meeting of the Council.

   2. Removal of Consent Agenda Items.

      Any item may be removed from the Consent Agenda by the request of the Mayor or any member of the Council at the time during the Council meeting that the Consent Agenda is considered. To further discuss the item, it will be moved to another meeting.

      A Council member who wishes to remove an item from the Consent Agenda should so inform the Manager no later than 3:00 p.m. on the day of the Council meeting so that the Manager will be able to arrange attendance of staff as he determines necessary.

7. Delivery of Agenda and Packet to Council. The Council has directed that the agenda and all supporting materials (packet) be distributed to the Mayor and Council no later than Thursday evening preceding each regular meeting of the Council. Other mail or material may be delivered with the packet.
   
   

8. Distribution to the Public. Copies of the agenda and all related materials distributed with the packet will be made available to the news media and public, electronically via the web at the same time as the Council receives it. Copies of the agenda are made available for the public at each Council meeting.

1. Presiding Officer. Under the Charter, the Mayor is the presiding officer, and in the absence of the Mayor, the Mayor pro tempore. Neither General Law nor the Charter provide for a presiding officer in the absence of both the Mayor and the Mayor pro tempore. Parliamentary usage would permit the Council to select a Chair Pro Tempore from the quorum of members present for this purpose.
   
   
2. Quorum. Five members of the Council are necessary for a quorum. The Mayor is counted in determining whether a quorum is present. Each Council member is asked to notify the Mayor if he or she will be absent.
   
   
3. Staff Presentation. Prior to discussion of each item on the agenda, the presiding officer may call upon the Town Manager or such other appropriate person for the purpose of background presentation of the business to be discussed.
   
   
4. Discussion. Parliamentary procedure (see Section I.C.10 - Parliamentary Procedure) requires that a motion be on the floor prior to discussion. However, the practice of the Council, in some instances, has been to discuss an item on the agenda prior to a motion’s being made. Persons other than the Mayor and Council members may enter into discussion on a matter only by ruling of the Chair. As with all rulings by the Chair, this decision may be overridden by a majority of the Council. The Mayor will check in with the Council at the 30-minute point in a discussion. The Mayor will inform Council when the discussion becomes circular and will subsequently summarize sentiments; the Mayor will ask Council to provide questions for staff to specifically address (Mayor makes decision to determine remaining questions). If no action is resolved, then the item will be continued to another meeting. During Council discussion, members are to be mindful of waiting to speak again until everyone has spoken, unless it's a productive dialogue between members.
   
   
5. Order of Discussion. Parliamentary practices indicate that all members desiring to discuss a matter under consideration should be given an opportunity to do so prior to any member’s being able to discuss the item more than once. The Council practice has not adhered strictly to this procedure.
   
   
6. Public Participation. Citizens who wish to speak on matters on the agenda may sign up with the Town Clerk at the beginning of the meeting and will be recognized when the Council reaches that item on the agenda. Individuals signed up to speak get a maximum of three (3) minutes. If 15 or more people are signed up for the item, the amount of time can be reduced (two (2) minutes per person). Presentations by groups are limited to 15 minutes for eight or more individuals (who must all be in attendance) with advance coordination with the Mayor's Office, and proportionately less time for smaller groups.
   
   
7. Reserved.
   
   Amended by Resolution (2025-11-12/R-4)
   
   
8. Time Limits. Exclusive of matters to be discussed in Closed Session, the Council will not begin discussion of an agenda item after 10:30 p.m. without the affirmative vote of two-thirds of those members present.
   
   
9. Closed Session Procedures
   1. Permitted Topics for Discussion. The Open Meetings Law allows the discussion of limited topics during a Closed Session. The matters which appear most likely to concern the Town are as follows:
      1. To consult with the Town’s attorney in order to preserve the attorney-client privilege between the attorney and the public body. The Council may consider and give instructions to the attorney concerning the handling or settlement of a claim, judicial action or administrative procedure in Closed Session.
      2. To instruct the Town staff concerning the position to be taken on behalf of the Town in negotiating the price and other material terms of a contract for acquisition of an interest in real property.
      3. To consider the performance, qualifications or fitness of an employee or applicant for Town employment or office under the Council’s jurisdiction. This provision does not allow consideration of fitness or performance of a member or prospective member of the Council or another public body to be considered in Closed Session.
   2. Attendance. The Mayor and members of the Council and only those persons necessary for a discussion should be permitted to be present. Permitting unnecessary persons to be in attendance could lead to serious problems as to whether or not they were present as members of the public while other members of the public were excluded.

   3. No final action may be taken in Closed Session, except in a very few cases as provided by North Carolina Law. Minutes shall be kept of all Closed Sessions. Such minutes may be withheld from public inspection so long as public inspection would frustrate the purpose of a Closed Session. Where final actions in Closed Session is authorized, minutes indicating what action was taken would be required to be made public at a later date as provided by the Open Meetings Law.

      Some of the decisions which can be made in closed session include:

      1. decisions pertaining to the initiation defense or settlement of litigation, and
      2. decisions pertaining to the price to be paid to acquire real property.
   4. Calling a Closed Session. The Council may hold a Closed Session only upon a motion duly made and adopted at an open meeting. The motion shall cite one or more of the purposes permitted by the Open Meetings Law and shall otherwise conform to the requirements of the Open Meetings Law. Generally, the Town Attorney will be expected to prepare specific language for the Council to use in a motion to go into closed session.
   5. Disclosure to the Public. The reason for permitting Closed Sessions at all indicates that the details of the subject matter should not be revealed, otherwise the purpose of the session is defeated. It is the Council’s policy that any Council member present at a Closed Session may disclose whatever that Council member thinks or says about the matter, but not to disclose statements made by another person in expressing his or her opinion.
      
      

10. Parliamentary Procedure. The Code of Ordinances of the Town of Chapel Hill states the following: “Parliamentary usages shall be the rules of government in the deliberations of the Council.” (See Section 2?6 - Parliamentary Procedure to Control Council Meetings.)

    The suggested parliamentary procedures set forth below are adopted as guidelines for the Council. Their purposes are to assist the Council in considering and acting upon business before it, assure a fair opportunity to all members to present their views, and insure an accurate recording of the Council’s actions. It is to be noted that the Code does not require that Robert’s Rules of Order be the guide in all deliberations of the Council. This is intentional in order to afford the Council the flexibility of acting in an accepted parliamentary manner without being limited to certain strict technical requirements which Robert’s would impose. For example, when a motion is made and seconded, and stated by the chair, under Robert’s this becomes the property of the Council and can be withdrawn only with the consent (by vote of the Council); whereas the common practice of the Council has been to permit the seconder to withdraw the second or the mover to withdraw the motion entirely. This seems to be the practically desirable result although it would not be the technically correct procedure under Robert’s.

    As hereinafter set forth, the Council acts by motion; however, the motion may be to adopt an ordinance, a resolution, or merely a simple motion. (See I.D. - Action by the Council.)

    Motions are generally of two types:

    1. Main Motion. Such a motion is in order only when there is no other motion on the floor; or

    2. Subsidiary Motion. Such a motion is in order only when there is another motion already on the floor.

       A main motion requires a second and when then stated by the presiding officer is before the Council. A motion failing to receive a second dies for lack thereof. A motion duly made and seconded, and stated by the Chair, becomes the property of the Council, and is then before the Council for discussion and debate. It is subject to amendment.

       A motion to amend a main motion is always in order prior to final vote and requires a second. A motion to amend does not change the subject of the motion it proposes to amend, and may be applied to any main motion except a motion to table, adjourn, reconsider, etc., but may change a portion of the motion by adding to, deleting from, or substituting different language, or meaning for a portion thereof. When a motion to amend has been duly made, accepted and stated by the chair, it must be voted upon prior to a vote on the main motion which it purports to amend. If the vote on the amendment passes, then a vote is taken on the main motion as amended.

       If the vote on the amendment fails, the main motion (unamended) is still before the Council for action.

       Although not allowed under Robert’s, the Council allows a motion to be amended by the agreement of the mover and the seconder. A so-called “friendly amendment” may be proposed by any member of the Council.

       A substitute motion is a subsidiary motion, and may be made only when a main motion is pending, and may be applied to any main motion (again, except for motions to table, adjourn, reconsider, etc.). Such a motion is one which, if adopted, would dispose of the matter under consideration. That is, if a substitute motion is adopted, it is substituted for the main motion and if finally approved the main motion is disposed of by substitution rather than by vote. Only one substitute motion may be pending at a time. A substitute motion requires a second and must be stated by the chair. The chair, in expressing the question before the body expresses it, "Shall the motion before the Council be substituted for the main motion?" If this motion passes, then the vote is on the substitution only, not on the merits and a second vote is required to adopt the substituted motion. If a substitute motion fails, the original motion is before the body.

       A motion to table, except with respect to a motion to adjourn, is always in order. It is a subsidiary motion and if made, seconded and stated by the chair, must be disposed of prior to action on the motion to which it is addressed. Generally, such a motion may be to table to a certain time, or until a specified event, or table indefinitely or without limitation. If a motion to table fails, the motion which it addressed is before the Council for further action. If adopted, the matter is tabled under the terms of the motion. A motion to remove from the table is required, however, before the Council may consider the matter further. Both a motion to table and a motion to remove from the table require seconds. A motion to reconsider a previous action may be in order, at the same meeting at which the action was taken or at a subsequent meeting. For certain types of actions, however, the Council is limited in its ability to reconsider without following additional procedural steps. For example, an ordinance amended or a permit issued following notice and hearing requirements proscribed by ordinance or law cannot be modified without following procedures similar to those followed in the initial consideration. Where a motion to reconsider is in order, it must be made by a Council member who voted with the prevailing side on the action to be reconsidered. Such a motion requires a second and the seconder may be any member of the Council. When such a motion is made and seconded and stated by the chair, the question is, "Shall the Council reconsider its action on the matter to which the motion is addressed?" If such a motion fails, the matter is not reopened or reconsidered. If adopted, the motion is again on the floor for consideration, discussion and action.

       A motion moving the previous question is a subsidiary motion and may be made only when a main motion is pending before the Council. Such a motion requires a second and when stated by the chair is to be voted on prior to any further action or discussion. Such a motion is not debatable. A three-fourths ¾ vote of the Council is required to pass such a motion. If the motion fails, consideration and debate continues. If such a motion passes, debate ceases, and an immediate vote must be taken on the same motion, or any amendments for substitution thereto prior to further discussion.

       Rather than a motion, a Council member may "call for the question," in which event the Chair addresses the Council advising that the question has been called and inquires if there is any objection to ceasing debate. If there is objection, debate continues. If there is no objection, debate ceases and a vote is then taken.

       The presiding officer is responsible for ruling on all motions as to their appropriateness, validity, and vote. Upon the request of any member a division may be required, or the presiding officer may order such a division (record vote of the individual members). Any ruling by the Chair may be appealed, and if appealed, the presiding officer states the question before the Council as "Shall the ruling of the Chair be upheld?" If upheld, that ends the matter. If by majority vote the ruling is not upheld, then the matter is determined in accordance with the vote.

       A motion to go into closed session is always in order. Such a motion requires a second, and when stated by the chair is before the Council as a main motion to be disposed of. Such a motion can, however, be made only when there is no other motion pending before the Council.

       A motion to adjourn: Pursuant to parliamentary procedure, a motion to adjourn is in order at any time from any Council member. The motion, once seconded, is not debatable and requires a simple majority for adoption. All regular and special meetings may be adjourned only by majority vote of Council approving a motion to adjourn.

       Adjournment prior to completion of a meeting’s scheduled agenda is an unusual occurrence, unless it is due to the length of the agenda itself and the lateness of the hour.

The Council, in exercising its legislative authority, acts either by ordinance, resolution, or motion. In other matters, such as the appointment of boards and commissions, the Council acts by simple nominating and electing processes. (See II.F. - Nomination and Appointment Procedures.)

1. Ordinances. Certain matters require that Council action be by ordinance. In general, these include exercise of the police power (the authority of a municipality to enact ordinances to promote the public health, safety, and welfare) by the Council; for example, zoning amendments, traffic regulations, budget ordinances levying taxes and appropriating revenues. Actions of this type affect the public generally.
   
   
2. Resolutions. In general parliamentary practice, whether an action may be authorized by a simple motion or whether it requires a resolution depends upon the scope of the contemplated action. However, Chapel Hill has traditionally taken almost all actions by resolution. For example, although actions such as awarding contracts, authorizing special requests, or authorizing a temporary street closing are limited actions which refer only to a particular matter and, as such, could be handled by a simple motion, Chapel Hill’s practice has been to prepare resolutions for these actions. Resolutions also should be used for authorizing actions of broader scope such as establishing written policy.
   
   
3. Motions. Motions have been confined, for the most part, to approving minutes or directing that an ordinance or resolution be prepared for consideration by the Council to consummate a particular desired course of action.
   
   
4. As to Particular Matters. Examples of these and the correct suggested procedures are set forth below.
   1. Special Use Permits.
      1. To Grant a Special Use Permit. The appropriate motion, is: "I move the Council adopt Resolution (specify the TITLE of the resolution and its number)."
      2. To Deny a Special Use Permit. The appropriate motion, is: "I move the Council adopt Resolution (specify the TITLE of the resolution and its number)."
   2. Zoning Change. The proper motion is "I move the Council enact Ordinance (specify the TITLE of the ordinance and its number)."
   3. Contracts. In all contract matters, the recommendation of the Manager is forwarded to the Council in the form of a resolution. It usually will be a recommendation to accept the low bid. The proper motion is "I move the Council adopt Resolution (specify the TITLE of the resolution and its number)."
   4. Procedure for Adopting. Most ordinances and resolutions require only that some member move the adoption of the ordinance or resolution, another member second, and a vote be taken and recorded in the minutes. In certain instances, however, in connection with federally required resolutions and applications, and some bond ordinances and resolutions, it is required that three members be involved; one to introduce, one to move adoption, another to second, and then the vote. In such instances, the requisite procedure is called to the attention of the Council at the time for action.

1. Routine. Although a quorum of the Council is five, a quorum cannot act by simple majority. The affirmative vote of five members of the governing body to take almost all actions. Any motion not receiving the required vote is not defeated, but merely fails adoption. (See Section 5, below.)
   
   

2. Ordinance. General law provides that no ordinance (except for budget, bond order, franchise ordinance, and legislative decision for development regulation) may be enacted at the meeting it is introduced unless it receives two-thirds vote. An ordinance failing to receive the requisite vote merely goes over to the next regular meeting of the Council for a second vote before becoming final. At second reading, an ordinance requires only five votes to be enacted.

   1. Budget Ordinances. A budget ordinance may be adopted by simple majority at any regular or special meeting of the Council. This provision is designed to expedite the fiscal operations of the Town.

   2. Bond Order. The certificate must indicate the split. A five-four split on adoption of a bond ordinance could raise serious questions with bond counsel.

   3. Franchise Ordinances. To adopt an ordinance granting a franchise, the ordinance must be approved at two regular meetings of the Council. Such meetings need not be consecutive, but approval must be by a five vote majority vote at both such meetings.

   4. Legislative Decisions for Development Regulation. An ordinance amending development regulations and/or amending the Zoning Atlas may be adopted by simple majority at the same regular or special meeting of the Council where the legislative hearing is closed. The Town must permit adoption on first reading in accordance with G.S. 160A-75.
      
      

3. Citizen Comments. In matters involving amendments to the Zoning Ordinance, state law provides that if any resident or property owner in the Town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the Clerk at least two business days prior to the proposed vote on such change, the Clerk must provide Council with the written statement.  If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-406, the Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all Council Members shall not disqualify any Council Member from voting.
   
   

4. Abstention. By State statute, no member of the governing body may be excused from voting on any matter before the Council except in matters involving the consideration of his or her own financial interest or official conduct. In most other cases, the failure to vote by a member who is physically present or has withdrawn without being excused (preferably by a majority vote of the remaining members present) shall be recorded as an affirmative vote. This rule does not apply to zoning ordinance amendments.  For example, if a Council Member is physically present in the chamber, the Council Member is required to vote on a zoning ordinance amendment, but silence in response to a call for a voice vote cannot be accepted as an affirmative vote.  If a Council Member has exited the Chamber without being excused from the meeting, the Council should delay calling for the vote on the zoning ordinance matter until the Council Member returns to the Council Chambers and can take part in the vote.  The rule against abstaining from voting does not apply where the matter being voted upon is not a motion but rather offers the Council more affirmative choices than just approval or disapproval of a specific ordinance or resolution. For example, if the Council is voting on appointments to an advisory board a Council member may elect to turn in a signed, unmarked ballot. Certain other circumstances may make abstention from voting appropriate in cases involving quasi-judicial proceedings. These are reviewed during Council orientation by the Town Attorney.
   
   

5. Tie Votes. In the event that voting on an item being deliberated for the first time results in a tie, then the item is carried over for consideration at the next regular meeting. If that same item receives a tie vote at its second, third, fourth, etc., consideration with one or more members of the governing body absent, the item is again carried over. Should any consideration of an item, after the first consideration, result in a tie vote when all members are present (one or more excused from voting), the item is removed from the agenda as if it had never been before the Council.

   These principles shall also apply to occasions where there is not a tie vote, but where a matter has received less than the required vote to constitute a decision on a particular matter.

1. Purpose. The purpose of public hearings is to permit public input and discussion. Newspaper and other media notice are given. Generally such hearings are of two types:

   1. Those called by the Council in its discretion (often referred to as public forums); and

   2. Those required by law.
      
      

2. Required by Law. Certain public hearings, for example those on zoning changes, subdivision applications, special use permits, the annual budget, assessment rolls, and federal programs are all examples of public hearings required by various regulations.

   Present ordinances provide that public hearings on land use matters may be held normally on the third Monday in January, February, March, April, May, June, September, October, and November. The Council may schedule a public hearing at any time on its own motion.

3. Notice of Public Hearings. Various regulations prescribe the minimum notice and advertisement time, usually by publication in a newspaper. The time required varies with the subject of the hearing. Generally it is between ten and fifteen days. There is generally no legal form of notice required, only that the notice be of sufficient clarity and fullness to give the public an idea as to what the subject matter will be, when and where the hearing will be held, and where additional information may be obtained.
   
   

4. Procedure at Public Hearings. No precise statutory procedure exists for the conduct of public hearings. The Council has informally determined the format to be:

   1. Description and explanation of the request or proposal and questions with respect thereto;

   2. Hearing from the public on the proposal;

   3. Comments or questions from members of the Council;

   4. Referral to the Manager or appropriate agency.
      
      

5. Recess of Public Hearings. Hearings on Master Plans, Special Use Permits and Subdivisions shall be recessed to allow the Manager’s follow-up report to be submitted under oath and subject to cross examination prior to adjournment of the hearing and consideration by the Council. Unless otherwise reopened by action of the Council, public hearings shall in all other respects conclude at the end of the initial regularly advertised and conducted public hearing.
   
   

6. Reconvening of Public Hearings. Pursuant to General Statute, the Council may continue a public hearing from time to time without further advertisement, as long as the date, time and location for reconvening are specified at the time the hearing is postponed.
   
   

7. Special Use Hearings. The Supreme Court of North Carolina has held that the Council, in conducting a special use hearing, is acting as a quasi-judicial body which finds facts based upon evidence presented to it. Witnesses desiring to give evidence must be sworn; this oath is to be administered by the Town Clerk. In the event there are opposing views, both sides must be given a reasonable opportunity to examine or cross-examine witnesses. The Council may consider, in making its final decision, only evidence submitted to it under oath at the public hearing which has been subject to the appropriate rules of procedure. Unless withdrawn with the permission of the Council or found fatally defective by reason of improper legal notice, etc., the only appropriate action for the Council following a special use or rezoning hearing is to refer the matter to the Manager for his/her consideration and recommendation.
   
   

8. Subdivision Hearings. Subdivision hearings shall be conducted in the manner of special use hearings, with testimony presented under oath and a reasonable opportunity made available for examination and cross-examination of witnesses. The Council may consider, in making its final decision, only evidence submitted to it under oath at the public hearing, which has been subject to the appropriate rules of procedure. A summary of Council actions will be prepared as soon as possible following each Council meeting.

1. Minutes. General Statute requires that full and accurate minutes of the Council proceedings shall be kept and shall be open to inspection to the public. Parties wishing to examine Council minute books or view videotapes of prior Council meetings may do so in the Office of the Town Clerk during regular business hours. A brief statement indicating this availability shall be made on the cover sheet of draft minutes of regular Council meetings. State law requires the ayes and nays of every vote be recorded in the minutes. The minutes as prepared for the consideration by the Council are draft minutes, and only when corrected and approved and entered in the official minute book do they become the official minutes of Council action. As soon as possible after each meeting, the Town Clerk shall distribute draft minutes to the Mayor and Council for review and revisions. The period for reviewing the minutes and returning revisions to the Town Clerk shall be at least 7 days. After revision of the draft minutes as needed, the Manager will place the final draft minutes as recommended on the Consent Agenda.
   
   
2. Minute Book. There is maintained in volumes in the Office of the Town Clerk the official Minute Book of the Council. In this are kept all notices, waivers of notices of special meetings, election results, as well as the minutes of the Council containing all ordinances and resolutions adopted by the Council.
   
   
3. Book of Ordinances. The Town maintains a Book of Ordinances, separate and apart from the official Minute Book, in the Office of the Town Clerk. Each ordinance is entered herein and assigned a sequential ordinance number for the calendar year in which adopted prior to January 1986; and a sequential ordinance number for the meeting day, month and year, beginning in January 1986. For example, 79-O-1 being the first ordinance adopted by the Council in calendar year 1979, and 86-1-13/O-1 being the first ordinance adopted at the January 13, 1986 Council meeting.
   
   
4. Book of Resolutions. The Town maintains a Book of Resolutions separate and apart from the official Minute Book and Ordinance Book, and into this permanent volume are entered all resolutions adopted by the Council. All resolutions, like ordinances, are assigned a sequential number for the calendar year prior to January 1986; and a sequential resolution number for the meeting day, month and year, beginning in January 1986. For example, 79-R-1 being the first resolution adopted by the Council in calendar year 1979, and 86-1-13/R-1 being the first resolution adopted at the January 13, 1986 Council meeting.
   
   
5. Code of Ordinances. The Code of Ordinances contains in codified form all general ordinances enacted by the Council except those of a technical nature, and budget ordinances. Such ordinances excluded from the Code are bound and supplemented separately. Technical ordinances; i.e., the State Fire Code, the Building Code, the Electrical Code, etc., are maintained in separately-bound volumes. Copies of the Code of Ordinances are located in the offices of the Mayor for their use. Such copies are updated periodically throughout the members’ terms.

The Council may, from time to time, establish committees or task forces made up of Council members, which may include other participants as well, for a specific task or project. In addition, the Mayor has historically established and appointed, on his or her own initiative, committees to provide to the Mayor recommendations and advice on Town matters.

The Council Naming Committee is the only standing Council committee (see Section III.D.)

The Council may, from time to time, appoint a Citizen Task Force to examine and make recommendations on a specific issue. Such Task Forces have specific purposes and are of limited duration. They may or may not include one or more Council members or the Mayor. The Council may delegate the task of appointing members of a Task Force to the Mayor.

1. Triangle J Council of Governments
   1. Purpose. General Statute provides for the Triangle J Council of Governments. The COG exists as an intergovernmental forum for discussion of regional issues of joint concern. The COG also acts as a regional planning agency.
   2. Number and Type of Members. The COG is composed of delegates from counties and municipalities in the COG region that pay annual dues.
   3. Length of Term. Delegates are appointed to serve two-year terms.
   4. Chapel Hill Appointment. The Town Council appoints one (1) delegate and one (1) alternate to the Triangle J COG.
      
      
2. Firefighters’ Relief Fund
   1. Purpose. General Statute requires a local Board of Trustees to be appointed to administer the fund. The Board has entire control of the funds including disbursement for specific purposes. It is responsible for maintaining a correct account of all monies received and disbursed, and it renders an itemized statement of same at the annual meeting of the North Carolina State Firefighters Association for publication in the Annual Report to the State Insurance Commissioner.
   2. Membership, Appointment, and Length of Term. The Board consists of five members: two (2) elected by and from the local Fire Department membership (two-year, staggered terms), two (2) appointed by and from Council membership (two-year, staggered terms), and one (1) representative appointed by the Commissioner of Insurance to serve a one-year term.
      
      
3. Orange-Chatham Community Action, Inc. (JOCCA)
   1. Purpose. The Joint Orange-Chatham Community Action agency is a non-profit corporation established in 1965 in accordance with the Economic Opportunity Act of 1964. The Community Services Block Grant of 1981, however, transferred the authority for direct administration of community action to the states. In North Carolina, this responsibility rests with the North Carolina Department of Environment, Health and Natural Resources. The mission of the Joint Orange-Chatham Community Action, Inc. is to identify and define the causes and extent of poverty in Orange and Chatham Counties and to coordinate with local governments and agencies in order to focus all available resources and community facilities on the elimination of the causes and the results of poverty.
   2. Number and Types of Members. The Board of Directors of JOCCA consists of 21 persons. Of these, six represent private agencies, seven are public representatives, and eight are representatives of the poor. The public representatives are designated by the Chatham County Board of Commissioners (3) and by the Orange County Board of Commissioners (4). The representatives of the poor are chosen by vote in JOCCA precincts in Chatham County (4) and in Orange County (4).
   3. Length of Term. Members of the Board of Directors serve five-year terms. An exception is made in the case of public representatives who may serve a shorter term as determined by the various units of local government.
   4. Chapel Hill Appointment. The public representative from the Town of Chapel Hill is designated by the Orange County Board of Commissioners after nomination by the Council. It is the policy of the Chapel Hill Town Council that the Council will nominate (or re-nominate) one of its members each two years on the occasion of the first meeting after the election of new members to the Council.

The Council appoints various citizen boards and commissions: some act in an advisory capacity that  the Council may be fully informed when creating ordinances, policies, and procedures for the Town; some act autonomously to relieve the Council of various administrative functions. Each of these boards is one of the following types:

• Appeals board;
• Standing advisory board;
• Semi-autonomous board or commission;
• Autonomous board or commission; or
• Task forces or ad hoc study groups.

1. Town boards and commissions described on the Boards and Commission page.

2. General Procedures

a.    Annual Report.

Advisory boards and commissions shall report to the Council annually at the time most appropriate for the board.

b.    Orientation to Boards.

The Town Manager or his/her designee is responsible for giving boards and commissions information on Town policies and procedures, including the purposes, powers and duties of each board, procedures for reporting to Council, attendance requirements and the boards’ role in the appointment process.

c.     Participation in Meetings.

Members must be physically present in order to participate in an advisory body meeting.

d.    Reimbursement of Expenses.

The following guidelines set forth Town policy regarding advances and reimbursement of expenses incurred by members of boards or commissions (excluding OWASA, an autonomous board).

1. Out-of-Town Travel and Expenses to Relevant Conferences, Training Sessions and Meetings. The Town will pay costs for registration, lodging, transportation and meal expenses in accord with the Town’s travel policy and as approved with the adopted budget.
   
   
2. Reimbursement Procedures. If an advance for out-of-town travel is obtained, proof of expenses incurred (receipts) must be submitted to the Finance Department, through the department providing support to the board or commission after the trip. Any unspent money must be returned. If a reimbursement is requested, receipts must be attached to the appropriate travel expense forms.

Requests for reimbursement will usually be honored within two weeks of official documentation of expenses. 

A Council member is frequently designated as a liaison to a particular board or commission. The main function of the liaison is communication. The liaison may apprise the board or commission of general Council purposes and may convey ideas and concerns from the board or commission to the Council.

Council liaisons are not voting members of any board or commission, inasmuch as such members might be faced with voting on an issue as a recommendation of the board or commission, and then considering the report or recommendation of the board or commission in such member’s capacity as a member of the Council.

Council liaisons may attend regular or special meetings of the advisory board or commission, but their regular attendance is not required.

The Council has instructed Council liaisons to report activities of their particular boards or commissions to the Council in the way the liaisons deem appropriate, once a year.

1. See Standing Advisory Board Membership Policy for further details about the Development Review Advisory Boards and appointment procedures.
   
   

2. Appointment: The Council shall consider and make appointments in an open meeting.
   
   

3. Voting

a.    Ballots.

The practice of the Council has been to vote by ballot when making appointments to boards and commissions. North Carolina Law states the following regarding ballot voting: “If a public body decides to vote by written ballot, each member of the body so voting shall sign his or her ballot; and the minutes of the public body shall show the vote of each member voting. The ballots shall be available for public inspection in the Office of the Town Clerk or secretary to the public body immediately following the meeting at which the vote took place and until the minutes of that meeting are approved, at which time the ballots may be destroyed.”

b.    Procedure.

1. Ballots for appointments to boards and commissions shall be provided by the Town Clerk to the Council prior to a scheduled Council meeting, normally at the same time as distribution of the Agenda packet for that meeting.
   
   

2. Immediately prior to the start of the Council meeting, the Town Clerk will collect ballots from each Council member. Council members must sign their ballots. Ballots are to be folded once prior to delivery to the Town Clerk to ensure that votes remain private until the appropriate time for the votes to be announced. Ballots will not be available for viewing until after the results of the balloting have been announced by the Mayor, except that any Council member may request the return of his or her ballot as provided in (4) below.
   
   

3. The Town Clerk will tabulate the votes of each Council member, and report the results to the Mayor in writing. The Town Clerk will fold the tabulation once in order to keep the results of the balloting private. Once the Council has reached the point in the Agenda reserved for appointments, the Mayor will announce the results of the voting.
   
   

4. Should a Council member elect to revise a ballot he or she may do so at any time prior to the announcement by the Mayor of the results of the balloting, by retrieving the ballot from the Town Clerk.
   
   

5. Should a tie vote result, or if a candidate or candidates did not receive the necessary minimum five (5) votes, the Council may elect to vote a second time, or, to delay appointment(s) to a future Council meeting.

The Mayor and Council are allocated a set amount of money, established when the budget is adopted, to be used for expenses incurred when attending professional meetings.

1. Attendance. Council members are free to choose which, if any, professional meetings they wish to attend.
   
   

2. Expenses. The following guidelines set forth Town policy regarding travel advance and reimbursement cost limits.
   
   

   a.    Registration Fee.

   The Town will pay all registration costs.
   
   

   b.    Transportation.

   For travel within a two hundred mile radius, the Town will pay round-trip train or bus fare, or the current mileage reimbursement rate per Internal Revenue Service guidelines for a private auto, providing the mileage cost does not exceed the cost of air travel. The Town will pay round-trip coach fare on the appropriate common carrier for locations two hundred miles away or more.
   
   

   c.     Lodging.

   The Town will pay the actual cost of lodging.
   
   

   d.    Meals.

   The Town will pay a per diem based on the Town’s current travel policy for in-State and out-of-State travel. Please refer to Section 5.2d of the Town’s Administrative Policies and Procedures Manual for specific details.

   OR:
   
   The Town will pay for the actual cost of meals if receipts are submitted. In addition, the Town will pay the actual amount of all officially authorized conference meals which are not included in the original registration fee.
   
   

   e.    Miscellaneous Expenses.

   Any miscellaneous expenses incidental to Town business must be explained and documented in detail to the Finance Director. One personal telephone call per day of three minutes or less is reimbursed.
   
   

   f.     Improper Expenses.

   Expenditures of the following nature are not eligible for reimbursement:

   1. Expenses for the Council members’ families;

   2. Meal or other expenses incurred prior to or after the end of the conference (with the exception that meals while traveling to and from are permitted);

   3. Rental of an automobile where other means of transportation are less costly;

   4. The cost of alcoholic beverages or parties and entertainment; and

   5. Telephone calls or telegraph messages except for the purpose of undertaking necessary Town business (except as noted in (e) above).
      
      

3. Procedure for Making Reservations. A Council member may request the Manager’s Office to make reservations. The Council members should complete the conference registration form, the request for room reservations, and the request for an advance and submit these forms to the Manager’s Office. Request for travel advances require at least two weeks for processing. The Manager’s Office will then submit the completed forms to the Finance Director for certification of the availability of funds. The Finance Department will then write the required checks. The Manager’s Office will make the necessary reservations and inform the Council member of reservations and payments made and forward the requested advance.
   
   

4. Reimbursement. If an advance is obtained, proof of expense incurred (receipts) must be submitted to the Finance Department after the trip, and unspent money must be returned. If a reimbursement is requested, receipts must be attached to the appropriate form (Manager’s Office can provide this) at the time of submission. Requests for reimbursement will usually be honored within two weeks of official documentation of expenses.

1. Supplies. Office supplies, paper, folders, etc., are available for Council members upon request. The procedure for obtaining supplies is to request them through the Town Clerk’s Office who will provide them immediately if the item is available, or requisition them.
   
   
2. Duplication. Up to twenty copies of a document may be obtained from the Town Manager’s Office immediately upon request. For more than twenty copies of a single document, the Council member should present the original to the Town Clerk’s Office. The original document and copies will be returned to the Council member as quickly as possible, usually the same day.
   
   
3. Periodicals. Each Council member receives the following magazines from subscriptions arranged by the Town through membership in government associations.
   1. National Cities Weekly, published by the National League of Cities.
   2. Popular Government, published by the UNC Institute of Government.
   3. The Mayor, published by the U.S. Conference of Mayors (available in the Mayor’s Office).
   4. Southern City, published by the N.C. League of Municipalities.

      Council members may request subscriptions to additional publications which will be paid for out of the Council’s budget appropriation. All such additional subscriptions must be in the name of the Town Council and received at 306 North Columbia Street. They must be kept in the Town Hall except for brief lending periods. A single subscription to any such publication is considered sufficient for the entire Council and the Mayor.

4. Books. Council members may order books of interest to the Council through the Town Clerk’s Office. The books will then become part of the municipal collection to be loaned for short time periods only.
   
   
5. Reference Materials. The following materials are distributed to Council members when they assume office for use throughout their terms:
   1. Code of Ordinances of the Town of Chapel Hill (located in Council members’ offices).
   2. Chapel Hill Town Council Procedures Manual.

      Council members are expected to return these items to the Town at the end of their terms for distribution to new members. The Town Code of Ordinances should remain in Council members’ offices.

6. Town Hall.
   1. Rooms. The Council Conference Room, the Council Chamber, and other rooms may be reserved for official meetings through the Town Clerk’s Office.
   2. Telephone. The telephones in the Council members’ offices may be used for local calls and business-related distance calls.
      
      
7. Voice Mail. Voice mail is provided to Council members on their Town Hall business phones if they choose.
   
   
8. Email. Email is provided to Council members at their residences.
   
   
9. Computers and High-Speed Internet Access. Computers and high-speed Internet access are provided to each Council member at their residences.

Amended by Resolution (2025-11-12/R-4)

1. Establishing a Standing Committee on Naming Facilities.
   
   The Council will appoint a standing Naming Committee to make recommendations for naming, renaming, or dedicating Town facilities and streets. The Committee will include two or more Council members.
   
   

2. General Procedures for Receiving and Considering Proposals to Name or Rename Town Facilities.
   
   The following process will apply to naming, renaming, or dedicating Town facilities such as buildings, parks, greenways, bikeways, public plaza areas, nature trails, etc.
   
   Separate procedures as authorized below apply to naming and renaming of residential streets (excluding collector and arterial streets) as classified in the Town's Design Manual; to the sale of naming rights to a portion of a Town facility for a predefined, limited period of time; and to the placement of memorial markers at Peace and Justice Plaza.
   
   General Process for Naming Committee to Consider Naming or Renaming Town Facilities.
   

   1. Requests to name or rename Town facilities will be considered in any of the following ways:

      1. Written or oral petition from the public to the Committee or the Council in a regular business meeting.

      2. Written or oral petition from an advisory board or commission.

      3. Written or oral petition from the Mayor or any Council member.

      4. Written or oral request from a donor of a property or a gift who may request a specific recognition as part of offering a gift to the Town.

   2. All requests will be referred to the Naming Committee, which will make recommendations to the Council for a final decision.

   3. The Naming Committee will observe the following process for developing and submitting recommendations to the Council. The Committee will:

      1. Seek ideas from appropriate Town boards and commissions and other community organizations or residents before making preliminary recommendations.

      2. Invite comments on preliminary recommendations. When the Committee develops preliminary recommendations for naming facilities, it will distribute news releases to the media, to relevant community organizations, and otherwise seek comments from the public for at least one month. The Committee may publish paid notices of proposed facility names and may or may not hold public forums.

      3. Submit recommendations for naming or renaming facilities to the Council for consideration at a regular business meeting. The Committee may also recommend deferring or not naming facilities.
         
         

3. General Policies for the Naming Committee.

   1. The Committee will not, except in unusual circumstances, recommend names which would duplicate names of other facilities, including streets.

   2. The Committee's recommendations to the Council will include a summary of comments received from Town boards, community organizations, and the public, as well as copies of written comments.

   3. The Committee should give strong preference to naming a facility for persons who are deceased. Naming a facility for a living person will only be considered under extraordinary circumstances.

   4. The Committee can distinguish between naming a facility for someone and dedicating a facility or portion of a facility in someone's honor. A dedication means that the facility will bear a plaque or marker stating the dedication to the person; however, the facility will not be known by the name of the person.
      
      

4. Consideration by the Council.
   In addition to receiving the Naming Committee's and Town boards' recommendations, the Council may receive brief comments from the public at Council meetings and may establish time limits in accord with the Council's customs and procedures.
   
   Written comments from the public, community organizations and boards and commissions are invited.
   
   The intent of this policy is that the Council would not call a public forum to receive comments except in unusual circumstances in which a large number of residents desire to address the Council.
   
   After a decision by the Council to name or rename a facility, the Manager shall be responsible for implementation in accord with the Council's guidance.
   
   

5. Policies for Naming and Renaming Residential Streets.

   1. New streets. In new developments, residential streets shall be named under current procedures,normally involving developers; submittal of names for approval by the Manager, or, if applicable, in accord with conditions of a development permit. Unless otherwise directed by the Council, the Manager is authorized to name entrance streets or drives to Town facilities, if appropriate, as part of the development process.

   2. Existing streets. To rename an existing publicly maintained residential street, a group of residents may request the Town Manager to approve its renaming. Names shall not duplicate or be similar to names of existing streets or facilities. The Manager is hereby authorized to establish administrative procedures to carry out this policy.

   3. Any determination or decision by the Manager may be appealed to the Town Council by a resident or owner of property abutting a street proposed to be renamed.
      
      

6. Policies for the Sale of Naming Rights for a Portion of a Town Facility or other Town-owned property.
   
   The Naming of Public Facilities is distinct from the sale of Naming Rights to a portion of a Town facility or other Town-owned property. For portions of Town-facilities such as rooms, meeting rooms, gymnasiums, etc. Naming Rights may be purchased for a defined period of time.
   
   

   1.  CRITERIA
      
      In general, the sale of Naming Rights to may be permitted in the name of individuals or organizations that:

      1. Advance the Town's mission of "Learning, serving and working together to build a community where people thrive."

      2. Support or promote Town goals of diversity, equity, and inclusion, environmental stewardship and conservation, and historical and cultural awareness.
         
         

      No Plaque or Marker will be permitted in the name of parties:

      1. Whose business is substantially derived from the sale or manufacture of tobacco products or electronic cigarettes.

      2. Whose business is substantially derived from the sale or manufacture of guns.

      3. Whose primary functions include engaging in political speech.

      4. Whose primary functions are in support of or opposition to a religion, denomination, creed, tenet, or belief.
         
         

   2. PROCEDURE
      
      Individuals or organizations that wish to purchase naming rights to a portion of a Town facility or other Town-owned property for a period of two or more years must submit written proposals to the Council Naming Committee for review.
      
      

      1. Acceptance of payments must be approved by Council.

      2. Approved proposals will be governed by the terms of an Agreement between the Town and the purchaser, detailing roles, responsibilities, and terms of recognition.

      3. Agreements will be drafted in coordination with the Director of the Department where the marker will be placed.
         
         

7. Policies Regarding Memorial Markers at Peace and Justice Plaza.

   1. Once a year, the Naming Committee may bring forward to the Council for consideration the names of persons nominated to be honored on the Peace and Justice Plaza marker.

   2. Nominees for the Peace and Justice Plaza marker must be deceased.

   3. Nominees must have demonstrated a lifelong commitment to furthering the causes of peace and justice in Chapel Hill.

 Amended by Resolution (2003-09-22/R-9).(2015-06-08/R-5), (2020-12-09/R-2).

1. Acceptance of Gifts and Donations.
   
   

   • Section 1. The purpose of this policy is to establish a uniform policy for accepting gifts and donations made to the Town of Chapel Hill.
     
     

   • Section 2. Any gifts or donations solicited by or received by the various boards and commissions appointed by the Town Council are construed to be gifts or donations to the Town and therefore governed by this policy.
     
     

   • Section 3. The Council of the Town of Chapel Hill shall be informed through the agenda process of the following types of gifts and donations and shall make a determination in a regular business meeting of whether or not to accept the following types of gifts and donations:

     1. Real estate.

     2. Personal property, ownership of which would require a significant expenditure of Town funds.

     3. Restricted cash to be used for a specified program or purpose which is not included in a current operating plan for the Town, including but not limited to gifts to commission a piece of artwork and gift it to the Town in perpetuity.
        
        

     Section 4. The Council of the Town of Chapel Hill hereby delegates to the Town Manager the authority to accept other gifts and donations, such as:

     1. Unrestricted cash.

     2. Cash to be used for a specified program or purpose which is included in a current operating plan for the Town, including but not limited to gifts in support of operational supplies and materials.

        1.  Donors may choose to request placement of a Town-issued marker on items purchased with their donations.

           1. The text on Town-issued acknowledgment labels may memorialize or honor a person, organization, or event.

           2. Named parties on acknowledgment labels must meet requirements outlined in the Manager's Marketing Partnership Policy and the Council Policy on Naming Facilities.

           3. Town-issued acknowledgment labels are for a specified period of time and not intended to be permanent.

           4. Text must be approved by the Director of the Department to which the donation is directed.

     3. Personal property that does not require a significant expenditure of Town funds

The following are excerpts from Open Meetings and Local Governments in North Carolina: Some Questions and Answers (Fifth Edition 2002), by David M. Lawrence of the Institute of Government at the University of North Carolina at Chapel Hill.

1. Q. What kinds of groups are subject to the open meetings law?

   A. The law extends to any “public body.”

2. Q. Is “public body” defined?

   A. Yes, and the definition is very broad. In general, a public body is any authority, board, commission, committee, council, or other body of state or local government that meets both of two conditions. First, it must have at least two members. And second, it must be authorized to exercise at least one of the following five functions: legislative, policy-making, quasi-judicial, administrative, or advisory. It is hard to imagine a formal group that is not authorized to exercise at least one of the listed functions.

3. Q. What about committees of public bodies, such as the finance committee of a city council?

   A. They are also public bodies; the statute specifically extends to “committees.”

4. Q. What is the status of a joint board or committee established by two local governments?

   A. It is a public body. The statute includes in the definition of public body boards and commissions of “one or more” local governments.

5. Q. If a group of public officials meet together informally, do they constitute a public body? For example, what if all the mayors in a particular county got together for lunch to talk about common problems?

   A. The kind of “group” involved in the example is probably not a public body. There needs to be some minimal amount of structure to a group before it meets the statutory conditions. In addition, it’s not clear that such a discussion group is exercising even one of the five required functions listed in Question 2.

6. Q. Are all meetings of public bodies subject to the open-meetings law?

   A. No. Only “official meetings” are subject to the statute.

7. Q. Well, what’s an “official meeting”?

   A. An official meeting occurs whenever a majority of the members of a group meet - in person or by some electronic means, such as conference telephone call - in order to do any of the following:

   • conduct a hearing,

   • deliberate

   • take action, or

   • otherwise transact public business.

8. Q. Holding a hearing and taking action are both fairly clear. But what does it mean to “deliberate”?

   A. In one court’s words, “to ’deliberate’ is to examine, weigh and reflect upon the reasons for or against” a possible decision. “Deliberations thus connote not only collective discussion, but the collective acquisition and exchange of facts preliminary to the ultimate decision.”

9. Q. What about a briefing, when the board is simply receiving information and not discussing it?

   A. This amounts to deliberating, too. Again, the board is collectively acquiring the information on the basis of which it will act, which is part of the deliberative process.

10. Q. Are there exceptions to the basic requirement that all meetings be open?

    A. Yes, several. The exceptions fall into two categories. The first, includes subjects that may be discussed in a closed session, that is, a session from which the public is excluded. The second, type of exception removes several kinds of groups from the statute altogether; these groups need never meet in public nor give public notice of their meetings.

11. Q. What are the subject-matter exceptions?

    A. There are nine, eight of which are likely to be used by local governments. The eight are as follows:

    • Confidential information

    • Consultations with an attorney

    • Business location or expansion

    • Real property acquisition

    • Employment contracts

    • Certain personnel matters

    • Investigations

    • School violence response plans

12. Q. Are there special procedures for going into closed session?

    A. Yes. The statute provides that a closed session may be held only on a motion adopted in open session by a majority of those present and voting. The motion must state the purpose set out in the statute that permits the closed session, such as "to consider matters relating to the location or expansion of industry." In addition, two of the purposes require a more detailed motion. First, if the purpose is to discuss some matter that is confidential by law, the motion must cite the law that makes the matter confidential. For example, if an area authority meets to consider matters relating to a specific patient, the motion to go into closed session would have to cite G.S. 122C-52, the statute that makes patient information confidential. Second, if the purpose is to discuss pending litigation, the motion must identify the parties to the litigation.

13. Q. Can action be taken in a closed session, or is the session restricted to discussion only?

    A. For some of the subjects for which closed sessions are permitted, the law clearly permits action to be taken in closed session. For others, it clearly requires that action be taken in open session. Thus it will be necessary to look at each authorization to hold a closed session in order to determine whether action may be taken with regard to that subject in the closed session.

14. Q. If action cannot be taken in a closed session, may a board reach a tentative consensus in such a session and then take formal action in open session?

    A. Yes. The North Carolina Supreme Court has construed the law to permit such a procedure.

Appendix A
Advisory Boards and Commissions, Ad-hoc Committees and Task Forces