Minutes NCAMC Board of Directors Meeting DECEMBER 10, 2010 11:00 a.m. NCLM Building Raleigh, NC Officers and Board Members present: President Carmen Miracle, 1 st Vice President Sherry Scoggins, 2 nd Vice President Kim Worley, Recording Secretary Dale Martin, Secretary Treasurer John Phelps; Immediate Past President Dee Hammond, District 1 Joleatha Chestnutt; District 3 Carol Ann Floyd; District 4 Vacant; District 5 Jannie Burnette; District 6 D. Ann Gray; District 7 Jenny Larson; District 8 Bridgette Bell; District 9 Dora Moore; District 10 Shirley Cannon; District 11 Beth Usery; District 12 Darlene Johnson. Members Absent: District 2 Director Jeanne Giblin 1. Call to Order 2. Invocation President Carmen Miracle called the meeting to order and Past President Penny Spicer-Sidbury delivered the invocation. 3. Approval of Agenda Past President Dee Hammond made a Motion to approve the Agenda as presented. 1 st Vice President Sherry Scoggins seconded the motion and the vote was all for and motion carried. 4. Oath of Office District 5 Director - Jannie Burnette President Miracle administered the Oath of Office to Jannie Burnette, District 5 Director while Past President Dee Hammond held the bible. 5. Approval of Minutes- September 17, 2010 (http://www.ncamc.com/uploads/file/minutes/20100917.pdf) Director Ann Gray made a Motion to approve the minutes as submitted. 1 st Vice President Sherry Scoggins seconded the motion and the vote was all for and motion carried. 6. Treasurer s Report- John Phelps-Corresponding Secretary/Treasurer Mr. John Phelps presented the Treasurer s report noting that the Association has assets over $44,000 and highlighted the breakdown of revenues and expenditures. He reported that for the annual Academy held in August, the Association is approximately $926 to the good with two outstanding expenditures. He projected that the Association will be in the red when all bills have been paid but overall in very good shape. He then made himself available for questions. 1
Director Jenny Larson made a Motion to accept the Financial Report as submitted. 2 nd Vice President Kim Worley seconded the motion and the vote was all for and motion carried. 7. NCAMC Committee Reports A. Finance Committee- Karen Zornes, Cape Carteret President Miracle reported that Ms. Zornes could not be present but that the committee will be meeting in March to work on next year s budget. B. Membership Committee- Donna Strickland, Leland No report submitted. C. Past President s Committee- Penny Spicer-Sidbury, Wilmington Past President Penny Spicer-Sidbury stated that the Committee has met by email for the purpose of developing Committee guidelines. No recommendation has been made at this point however; the Committee hopes to have something for the Board to consider in March. D. Program & Education Committee- Becky Breiholz, Manteo Ms. Breiholz stated that the Committee met this morning and presented the following report. Update for September December 2010 The Program and Education Committee met at the North Carolina League of Municipalities Albert Coates Building on Friday, September 17, 2010, at 9:30 a.m. Those in attendance were: Becky Breiholz, Sheila Taylor, Carmen Miracle, Sherry Scoggins, Sue Rowland, Joyce Walker, Dale Martin, Linda Bethune, Melissa Brewer, Cynthia Bennett, Lisa Vincent, Dora Moore, Kim Worley, Brenda Clark, Jackie Nicholson, Dorothy Miller, Karen Williams, John Phelps, Athena Banks, Beth Hamrick and Fleming Bell. Report on North Carolina League of Municipalities Breakfast October 25, 2010 at 7:15 a.m. Benton Convention Center Winston Salem- The Clerk Breakfast was well attended and Fleming Bell gave a presentation to the Clerks on the Code of Ethics Law. Municipal Clerks Education Foundation [MCEF] Grant Application Brenda Clark-White Lake volunteered to compose the statement and this was forwarded on to President Miracle who submitted it on the Association s behalf. Upcoming Programs: Planning for the IIMC Region III Conference January 9-11, 2011 Marriott Charlotte Executive Park Charlotte, NC. 2
Reservations can now be taken at the hotel for the conference. Athena Banks and John Phelps have been working with Carmen and myself on getting the registration packets out. The vendor registration has been sent out. The topics and presenters will be: Getting ready for the future economy Ted Abernathy Surviving the Great Recession Approaches to balance Local Government Budgets Randy Harrington Getting What You Want; A Review of Negotiation Skills Mac McCarley Planning for City/County Clerk s Master Municipal Clerk Session Wednesday, January 26, 2011 and City/County Clerk s Annual School Thursday, January 27 and Friday, January 28, 2011 Research Triangle Park President Miracle and I met with Carla Stowe and the County Clerks at the School of Government and spoke with Fleming via phone. MMC Academy 1 on Jan. 26 will be Mike Collins, Time Management for Champions; and an Institute and workshop for new clerks; Thursday, Jan. 27 topics for the municipal clerks will be advanced electronic records authorization; Financial Wellness; Concurrent sessions Improving Board and Staff relations (coordinated by Sue Rowland); Special Legislative Challenges; Friday January 28 will be Public Records Requirements and Social media. Planning for MMC Academies March 18 & 25 Consensus from the committee was to focus on budgeting since these academies are during the beginning of the budgeting process and the School of Government offers these topics. Combine region 1 and 2 and 3 and 4 to offer two academies. Planning for Regional Schools for (late March-April) Combined Regions 1 & 2 May 20 th, Jeanne Giblin, Morehead City Region 3 - April 29 th, Kelly Baker in Salisbury Region 4 May 6 th Karen Williams, Maggie Valley Sanitation District Ms. Breiholz explained that we are very limited to the dates we can hold these schools due to conflicting schedules for Mr. Bell, holidays, weather etc. Suggested topics for the regional schools were: Employee relations with elected officials Human Resource Topics-military personnel, personnel law Legislative needs-planning (NCLM could do these) Clerk Panel Redistricting after census Disaster Planning Identifying essential records Respectfully submitted, Becky Breiholz, Chair 3
John Phelps reported on the upcoming IIMC Conference, January 9-12. Only 45 delegates have registered at this point which is a very low number. The registration deadline will be extended. Mr. Phelps spoke of penalties that may be incurred due to low attendance. President Miracle stated that she will post a plea on the Clerk s listserv and with other Presidents. She suggested that we include inside information about the speakers and other events being planned. She reported that attendance at the 2006 Conference at the beach was approximately 150. She encouraged the Board to attend as well as speak to other Clerks in their districts about attending. Mr. Bell stated that he will ask his colleague in Florida to encourage the Florida Clerks to attend. He also suggested that President Miracle make a call or send a note to the other Presidents requesting they send something out to their Clerks as well. President Miracle stated that she has sent letters to the other Presidents however; she will forward another one. Past President Hammond asked if it had been determined how many points would be awarded. President Miracle stated that the conference will net 3 points for one day (6 hours) of education. E. Publicity Committee- Angela Stadler, Reidsville President Miracle reported on behalf of Mrs. Stadler. Mrs. Stadler thanked everyone for submitting their articles for the newsletter on time. Mrs. Stadler also commended Tammy Hatley the new News Release Coordinator that was added to this committee to handle CMC/MMC information for the newsletter. F. Site Selection Committees i. 2011 Site Selection- Regina Alexander, Southport President Miracle referred to an email from Regina Alexander which reported that plans are going well and that they will continue working towards holding a reception and tour at the Palace in New Bern at the August 11-13, 2011 conference. ii. 2011 Site Selection IIMC Region III Stephanie Kelly, Charlotte President Miracle reported that the Charlotte area host clerks are preparing gift bags and soliciting for door prizes. If any NC Clerks would like to donate items for the gift bags, they can be ship them to the Charlotte Clerk s Office. Also, if Clerks who are attending the conference would like to bring door prizes to donate, it would be much appreciated by the host clerks. iii. 2012 Site Selection- Dale Martin, Kernersville Recording Secretary Dale Martin reported on her conversation with Mr. Phelps. We have been informed by the hotel of a potential conflict with the dates that were selected for the conference. Another large event is being held at the hotel at the same time. Renee Phillips, City Clerk of Winston-Salem is contacting our Representative at the hotel to get more information. The hotel has indicated that they may be willing to offer some compensation to us for changing the date. 4
The original dates are August 23-25, 2012 and they are requesting we move it back to August 18-20, 2012. President Miracle asked if there were any concerns with this date change. Mr. Bell stated that the first weekend in August is the City Attorneys conference. Mrs. Martin stated that she would keep the Board updated. iv. 2013 Site Selection- Darlene Johnson, Spruce Pine Director Darlene Johnson reported that tentative dates have been set for August 15-17 as first choice, with alternate dates being August 22-24. We are considering locations in Asheville but would also like to consider other locations such as the Blowing Rock area. G. WSOS Committee- Diane White, Butner No report submitted. H. Web Site Committee- Lisa Markland, Zebulon President Miracle spoke with Ms. Markland yesterday. Ms. Markland said that the committee will be meeting in January for training and to assign a person to the picture project that was decided upon at the September Board meeting. I. 2011 Clerk of the Year Award Committee John Phelps Mr. Phelps stated that the anonymous Committee has been selected for the Clerk of the Year Award. A meeting will be planned for the first of the year to establish a process for the submission of applications in June. J. State Certification Program Committee Report Karen Zornes, Cape Carteret/Fleming Bell, School of Government President Miracle stated that the Committee has been appointed and will be meeting at the January conference to get started on this project. President Miracle stated that she is sending a cup around and asked that everyone put their name in the cup for a drawing to give away four bags of cookies donated by Double Tree in Asheville. The winners were: Jenny Larson, Becky Breiholz, and Bridgette Bell. The Board donated the fourth bag to John Phelps to share with the League s staff for all their assistance to the Clerks. 8. NCLM Committee Reports A. NCLM Board Member- Penny Spicer-Sidbury Wilmington Past President Penny Spicer-Sidbury reported on their meeting October 24 in Winston-Salem. Topics discussed were: budget, personnel policy amendments, and tuition reimbursement. Also 5
discussed in great detail were the League Advocacy Goals. A meeting is planned for January 20, 2011 for Municipal Officials to discuss further and set priorities. According to Ellis Hankins we have to have our priorities in order when we take this to the General Assembly and we must work extra hard to get things done this year. B. Legislative Action Committees/Technical Advisory Committees i. FA-LAC- Finance & Administration- Legislative Action (Connie Sorrell, CMC- Benson) No report submitted. ii. FA-TAC- Finance & Administration- Technical Advisory (Brenda Clark, MMC - White Lake) No report submitted. 1 st Vice President Sherry Scoggins reported that this committee has not met. iii. PS-LAC- Planning & Services- Legislative Action (Judy Bass, CMC, Garner) No report submitted. iv. PS-TAC- Planning & Services- Technical Advisory (Joyce Walker, CMC - Lewisville) Joyce Walker submitted the following report: The Planning & Services Technical Advisory Committee met on Thursday, October 7, 2010 at 10:00 am in the Albert Coates Building Auditorium, Raleigh, NC. The report is as follows: Announcements Erin Wynia, NCLM staff, provided an update on the MEAC (Municipal Environmental Assessment Coalition) project, including comments submitted to DWQ in September. Presentations and Updates The committee was provided with the League s new policy development process and asked for feedback on the ways the TAC (new name RAC) may conduct business in the future. Rather than have specific persons appointed to the committee, membership will be open to all elected officials and any employee with interest. Committee members suggested that future meetings be held via conference call or webinar. Some subjects might have subcommittees to review. (Mike Randall - DWQ) There was discussion of the Phase II stormwater permit renewals and the conditions contained within, noting that these conditions will serve as a template for future permits. The EPA language (suggestions) seems to shift TMDL planning from DWQ to municipalities. It was noted that each municipality would have to have a water 6
quality recovery plan, monitoring plan, implementation plan, and assessment. Nine specific topics were discussed that appear to present problems in the Phase II permitting process. State Statutes support the Clean Water Act and these statute requirements put North Carolina ahead of other states. The next standard upcoming will probably be EPA air quality. Another discussion centered around full cost recovery in utility rate structures. Full cost recovery might have a 30% increase in utility rates. The LGC has noted that depreciation cannot be included. The Planning & Services Technical Advisory Committee met on Thursday, December 9, 2010 at 10:00 am in the Albert Coates Building Auditorium, Raleigh, NC. Erin Wynia, NCLM staff, updated the committee on the Environmental Management Commission s discussions that have a bearing on the future regulatory structures facing municipalities. We were provided a copy of the Governor s Executive Order 70 (Rules Modification and Improvement Program, i.e. efficiency) and actions to be taken in order to comply with the order. Policy is being written for guidance in compliance. Also, fiscal analysis must support any changes. Erin also provided an update on the Water Quality Committee s consideration of the threshold nutrient management strategy rule package and consolidated buffer rules, including next steps on the issues. The commission asked DWQ for five things, two of which were to explore alternatives and to provide a clear statement of science. The next subject for discussion was state and federal stormwater regulatory actions. It was pointed out that national events have placed emphasis on the language included in North Carolina s permits and that the EPA has increased interest in further regulating stormwater. The committee discussed a problem throughout the state because municipalities are charged with maintaining stormwater but the problem may be caused by an entity outside of that municipality. A listserv has been started for those interested in the stormwater issue. Paul Meyer, NCLM staff member, provided thoughts on the political landscape now that the recent election has handed control of the legislature to the Republican party. The sentiment seems to be that the environmental policy may be rolled back and that maybe there will be a change in DENR structure. Cuts in the budget will be under discussion. Representative Brown has been tasked with annexation legislation and it may not be favorable to municipalities. Mr. Meyer also suggested that many of the newly elected officials have no local experience which may also not be favorable to municipalities. One item on the 100 day agenda is a change in eminent domain: property to be taken will only be for public use and not public purpose. The last topic of discussion was led by committee member Mark McIntire who had been working on Triennial Review policies. Five broad policy areas had been identified for assessment. For each the question was asked, What is the impact and what changes are recommended? The League now has a technical memo on this (part of the MEAC study which is now complete). Mr. McIntire noted that the information solicited by local 7
government on fiscal impact of these policies is being dismissed as unusable by those in the regulatory community. The next meeting is to be announced. Respectfully submitted, Joyce M. Walker, CMC 9. Old Business A. Taylor Ranch Request - Update John Phelps Mr. Phelps reminded the Board that Taylor Ranch had requested permission to use our photos on their website. The Board denied this request. He communicated that back to them and they are satisfied with this decision. They will respect that decision and no photos will be used on their website. They hope to host the Clerks again in the future. President Miracle stated that items B, C & D are informational items and asked if anyone had comments regarding any of these items. None presented. Items B D below are for informational purposes; however if a Board Member wishes to comment or discuss, please feel free to do so. B. (Informational) - Program and Education Guidelines Updates: 2009 Program and Education Chair Jeanne Giblin and Fleming Bell are continuing their work on the update. C. (Informational) - Nominating Committee Vacancy and Appointment: A vacancy on the Committee was created due to At Large Representative Tangi Williams, leaving her position in Winterville. In accordance with the Committee appointment guidelines, I have appointed Renee Phillips, City Secretary, Winston-Salem to fill the vacancy. D. (Informational) MCEF State/Provincial Association Grant http://www.ncamc.com/uploads/file/agendas/121010mcefgrantnotice.pdf) As indicated by the attached Letter from MCEF, I regret to report that we were not selected to receive a Grant this year. We ll try again next year. 10. New Business A. Quill Award Criteria and Nominations (http://www.ncamc.com/uploads/file/agendas/121010iimcquillaward.pdf) President Miracle stated a request for nominations was sent out. She added that the only person she could think of that may qualify is Stephanie Kelly from Charlotte. 8
1 st Vice President Scoggins made a Motion to nominate Ms. Kelly if she meets all qualifications and to bring back to the Board for a final decision. Motion seconded by Past President Dee Hammond and the vote was all for and motion carried. B. Conference Education Mailings John Phelps Mr. Phelps reported on the rising cost of mailing conference packets. The IIMC packet could cost over $1 per envelope. We have 1600 to mail and this task is labor intensive. We are looking at ways to scale back this process. He asked for a discussion on the Board s feeling about processing this information by email for the regional meetings and conferences. He reported that there are 560 members of the Association of which 512 have email addresses. We could mail the remaining members the information. President Miracle recommended a post card with information directing members to the Association s website for more information and to register. Mr. Bell stated that SOG uses postcards for every course with registration information on the website. After a brief discussion, Past President Dee Hammond made a Motion to proceed with mailing out postcards, emails with additional information and online registration. Full packets mailed only to members that do not have email addresses. 1 st Vice-President Sherry Scoggins seconded the motion and the vote was all for and motion carried. C. IIMC Educational Ruling Re: City and County Administration Course Fleming Bell Mr. Bell reported on another issue we have with IIMC s unwillingness to give credit for the City & County Administration Course. He presented the history of this course and the certification program. He explained that this year, the IIMC has adopted a new set of education guidelines that are intended to give Institute Directors/Administrators the freedom to do things with more flexibility. One of the items says that if you have an education program that is a college course, they will give you 1 point for 6 hours of instruction. He stated that a fellow Clerk is seeking certification this year. This Clerk has a Master s degree and is fast-tracking things to get certified. She wants to attend the City & County Administration Course for credit. He spoke with IIMC Representatives about the arrangement we have had with IIMC since 1982. They came back with their current guidelines and informed him that the points could be used as experience points but not in place of the Certification Course. Another example of their inability to give credit and understand what is going on in other states. Mr. Bell stated that this only affects a few Clerks and that one way to handle this would be to not say anything more about this since the Clerk will get experience points for this course. Mr. Bell reported that the SOG has education curriculum committees that review their course and make recommendations when appropriate. If we decide that the City & County Administration Course is equivalent to the Certification Course then the SOG is willing to certify that they have had the certification institute training and not be more specific. He stated that we currently do that now and explained how the SOG works with Clerks that for various reasons 9
miss courses during the Certification Program. We work with Clerks that have taken the City & County Administration Course or have more professional training than is required. We work with them to get specific Clerk courses to be certified. The difference here is to find a clever way to keep track of this. Past President Dee Hammond asked if this is a problem for only one Clerk right now. Mr. Bell stated that it is for only one new Clerk with high credentials that wants to fast track things to get certified. He noted further that she has a Bachelor s and Master s Degree which will account for most of her educational requirements. The clerk will need to accumulate points by attending Clerk Schools and Conferences. Past President Hammond supported the way it is being handled now and further explained that she did not want IIMC to go back to requiring a Masters degree to be certified. Mr. Bell stated that we do have to find a balance. He stated that they are entitled to change their rules but generally everybody has to agree to do that. Support was given to continue allowing Clerks to attend the City & County Administration Course along with some Clerk specific classes to obtain credit for the Certification Institute. D. Appointment of District 4 Director (http://www.ncamc.com/uploads/file/agendas/121010expressionofinterest.pdf) A vacancy in the Board of Directors was created due to the Retirement of Director Rebecca Rose, Wilson on December 1, 2010. Article V Section 5 of the Constitution addresses Board Vacancies and provides that if the vacancy occurs more than 90 days prior to the next annual meeting, the Board of Directors shall fill the vacancy. At the September 17, 2010 Meeting, the Board directed that I solicit for interested and qualified Clerks for consideration of appointment. A Request for Interest was posted on the ListServ and twice in our Newsletter. Three (3) Clerks have expressed their interest in the appointment. President Miracle opened the floor for comments, questions or nominations. Past President Dee Hammond nominated Carol Barwick, City Clerk, Greenville, NC seconded by Director Beth Usery. Director Joleatha Chestnutt nominated Leighanna Worley, seconded by Director Bridgette Bell. 1 st Vice President Sherry Scoggins made a Motion to close nominations. 2 nd Vice President Kim Worley seconded the motion and the vote was all for and motion carried. Carol Barwick, City Clerk, Greenville, NC was appointed by the Board on a 7-6 vote. 10
President Miracle stated that Ms. Barwick will be sworn-in at the Business meeting at the January Clerk s School. E. Travel Policy Re: IIMC President / Vice President (http://www.ncamc.com/uploads/file/agendas/121010iimcpresidientvpresidenttravel. pdf) President Miracle stated that she invited the IIMC President to attend our IIMC Region III Conference. Our travel policy covers a complimentary registration and hotel accommodations for the IIMC President. In her response, she is unable to attend. She asked that President-Elect Colleen Nicol attend on her behalf. She discussed this with Mr. Phelps and we felt that we should be clear on whether we can transfer this benefit to her designee. It was the consensus of the Board to extend the complimentary registration and hotel accommodations to Ms. Nicol. 10. Other Business A. Directors Handbook Updates Distributed President Miracle noted that the updates were distributed for the new handbooks. President Miracle noted our future meetings. B. Schedule of Future Board Meetings March 11, 2011 June 10, 2011 Mr. Phelps announced that renovations will be made to the Coates building beginning next week and that the conference rooms in this building may be unavailable at certain times. The Board s March meeting may need to be held in the Reynolds Building. Recording Secretary Dale Martin announced that she may not be able to attend the March meeting and will need a volunteer to take the minutes of that meeting. President Miracle stated that she will recruit a Clerk to take those minutes. C. Open Discussion/Sharing 1 st Vice President Sherry Scoggins pointed out that included in the IIMC packet for Nashville is a notation that any photos taken belongs to the IIMC. Mr. Bell wanted to make sure that the budget included some cost for him to attend the IIMC Conference. Past President Dee Hammond reported that $750.00 was included in the budget. 11. Adjournment - 11
Past President Dee Hammond made a Motion to adjourn at 12:34. 1 st Vice President Sherry Scoggins seconded the motion and the vote was all for and motion carried. Respectfully submitted, Dale F. Martin, MMC Recording Secretary 12