VILLAGE OF WESLEY CHAPEL Council Meeting Agenda January 8, 2024, 7:00pm 6490 Weddington Road Wesley Chapel, NC. 28104 Start End Min. # 7:00PM 7:05PM 5 7:05PM 7:13PM 8 7:13PM 7:18PM 5 Item 1 Call to Order, Pledge of Allegiance, Invocation Mayor Fuller Mayor Fuller Mayor Fuller Mayor Fuller 2 Public Comments 3 Additions, Deletions and Adoption of Agenda - motion 4 a.A Approve 12-11-2023 Council Meeting Minutes b.Approve 12-11-2023 Closed Session Meeting Minutes c.Approve Surplus/Disposal Resolution Finance Officer Report 5 a. Financial Reports Update - December 2023 b.$ $250,000 Grant Award Introduction Planning Board Report a. Planner Hansen Comments 6 b. Pinnacle Bond Release motion Consent Agenda motion 718PM 7:20PM 2 Ms. Queen 7:20PM 7:30PM 10 Mr. Hansen Mayor Fuller c. Dickson Farms Opposition Resolution -motion d. Mayor's Designation of CRTPO Delegate and Alternate 7:30PM 7:45F PM 15 Park and Rec. Report 7 a. Master Plan Update b. Past & Future Events C.F PARTF Grant Initiative Clerk Report b. Ethics Training 9 WUMA Update 11 Adjourn motion Ms. Utley 7:45 PM 765PM 10 7:55PM 8.05PM 10 8:05PM 8:10PM 5 8:20PM 8:22PM 8 a. Amended Rules of Procedure, Ethics, & General Council Policies Mayor Fuller Mayor Fuller Counci/Mayor Mayor Fuller 8:10PM 8:20PM 10 10 Council & Mayor Comments COUNCIL MEETING MINUTES VILLAGE OF WESLEYCHAPEL 6490 Weddington Road, Wesley Chapel, NC28104 January 8, 2024-7:00PM The Village Council of the Village ofWesley Chapel, North Carolina, met at the Village Hall located at 6490 Weddington Road, Wesley Chapel, North Carolina. Mayor Amanda Fuller, Mayor Pro Tem Lori Bailey Council Members: Deb Bledsoe and Mike Como. Attending Members Absent Members Council Member David Boyce Attending Staff Sistrunk. Minutes 1. Call to Order Planning Administrator Vagn Hanson, Finance Officer/Clerk Kathy Queen, and Village Attorney George Mayor Fullero called the meeting to order at 7:00p.m. A quorum was present. Mayor Fuller led the Pledge of Allegiance, and a prayer was offered by Council Member Bledsoe. 2. Public Comments Roger Horton, Vice President, Pinnacle subdivision, spoke to Council regarding Council's pending decision tor release the bonds held for the Pinnacle subdivision. He stated that NCDOThas not yet been petitioned toaccept ther roads withint the: subdivision. He was concerned thata after the bondsa are released and NÇDOT is petitioned to accept the roads, NCDOT will conduct a thorough assessment and there will be no protection for the subdivisioni ift they do not meet NCDOT's standards. 3. Agenda Changes MOTION and second were made by Council Members Como and Mayor Pro Tem Bailey to approve the: Agenda and the Motion passed unanimously. 4. Consent Agenda a. Approve December 13, 2023, Council Meeting Minutes b. Approve December 13, 2023, Closed Session Meeting Minutes Approved Surplus/Disposal of Resolution 2024-01-08 #1 Consent Agenda and the Motion passed unanimously. MOTION and second were made by Mayor Pro Tem Bailey and Council Members Bledsoe to approve the Council Minutes Regular Mccting 2024-01-08 Pg.1 5. Finance Officer's Report Finance Officer Queen reported the following: Financial Update: The Village received al large property tax payment in December of $109k representing 59% of the $185K budget. To date, the) Village has collected 82.5% of Property Taxes and 47.7%ofVehicle Taxes. Shared Revenue is at 419collected; However, the ABC taxi income has not yet been received, which ise expected to be approximately: 37k. Overall Income collection is at 41%. Income for December is $218k and expenditures are $65K which represents an increase for the month of approximately $153K. Income Year-to-Date is $310k and expenditures. are reported to be $387k. Overall, the Village is overbudget by $77K. Year-to-Date Interest Income is $24,232 which exceeded the budgeted amount by $18k: Mayor Pro Tem Bailey asked if the Village was on track to meet budget; Ms. Queen affirmed. Receipt of Direct Grant: The Village received $250k Direct Grant fromi the Regional Economic Development Reserve from the State to be used. for Capital Improvements and Related Equipment for the Park. The Office ofs State Budget and Management ist the administrating agency. Ms. Queen reported that other NC Audit Update: Finance Officer Queen reported that the Village received approval from the Local Government Commission late Friday evening. Kendral Gangal, CPA, and' Village Auditor has regarded the auditunmodified. Finance Officer Queen reported that Ms. Gangal will be present at the February meeting In House IT: Finance Officer Queen reported: she, along with Mayor Pro Tem Bailey, met with a representative of CompuNetworld to discuss the IT needs of Village Hall. Ms. Queen reported she provided a list of IT needs and concerns from the user's perspective before the meeting with CompuNetWorld, and then provided at tour of the building to review the current IT set up. Finance Officer Queen reported CompuNetWorid: has agreed to work with the) Village. Next week, they will conductai full assessment and will provide a report to the Village Clerk. Services of CompuNetWorld will include fully managing the Village's! ITsystems, coordinating witht the Cyber Security! Specialist Eric Wells, upgrading the firewall, securing systems, and providing staff support via a help line. The cost for CompuNetworld's service will. be $500/month. Council Member Como asked if CompuNetWorld was bonded and insured. CompuNetWorld has requested one contact person so the contact person will be the Village Clerk. Any requests for services will need to come from the Clerk. Mayor Pro Tem Bailey noted that this company has as service ticketing system, and should the Village have an outage, we will geti immediate service. Council Member Como asked ift this was more than one guy; Finance Officer Queen affirmed statingi iti isa company Cyber Security Update: Earlier int the week, Finance Officer Queen and CompuNetWorld met remotely with Eric' Wells, who will be the Village's Chief Security Officer, for the next: three years. Mayor Pro Tem IT security services will be provided free of charge to the Village as NCLM Grant funds are utilized. Mr. Wells outlined data that needs to be collected via a series of control points, which will serve to enhance the ITsecurity of the Village. During the call, Mr. Wells conducted: an assessment of the current IT security municipalities also received varying amounts of grant funds. to present the audit and to answer questions. They are insured. with a support team. Bailey also listened in on the call. Council Minutes Regular Mceting 2024-01-08 Pg.2 Mr. Wells recommended Village staff and elected officials participate in cyber security training, and Mayor Pro Tem Bailey requested this be added to the Policies Guidelines for Council as a requirement along with penalties for non-participation. Mr. Wells suggested that Village staff and elected officials be exposed to controlled fishing e-mails to uncover potential weaknesses. All parties participating in the meeting were Lawn Care Services Update: John Lepke, Park Maintenance Technician, reported to Finance Officer Queen that there are no complaints with regard to the temporary landscape company, GreenSpace Lawn Care. Hes stated they are responsive, and hei is pleased with their service. Althoughitwast notav voluntary change, Finance Office Queen informed Council that the Village has saved approximately $8,800 in using the interim landscaping company as they: are providing minimals services while the) Village seeks bids forar new service. John Lepke was informed oft the savings, and he will move forward spending no more than $4,200 ina agreement with this concept. to purchase mulch for park: as was previously approved by Council. 6. Planning Board Report a.P Planner Hansen Comments: Vagn Hansen, Village Planner, reported the Planning Board did not hold a meeting in December 2023. Upcoming items to be discussed by the Planning Board are street-tree size/type requirements and disbursement of stormwater outflows from detention ponds, Council has requested the Planning Board propose requirements for trees planted close to the street in subdivisions, and at the November meeting, Planner Hansen stated Planning Board members discussed problems created by stormwater runoff. He informed Council that he and Village Engineer Bonnie Fisher shared a call to discuss structured stormwater controls in an effort to reduce and/or limit the impact to surrounding areas by more creatively distributing the outfiows from stormwater detention ponds. He noted Ms. Fisher will research options and possibly come to the Council's February meeting to discuss Council Member Como asked if the retention ponds could be deeper; Planner Hansen responded there are a number of things that can be done differently. Developers typically pick the most cost effect Mayor Pro Tem Bailey commented that this is exactly what was talked about last year noting their b. Pinnacle Bond Release: Planner Hansen informed Council Members that Taylor Morrison has submitted to the Village all of the required documentation from both NCDOT and pond engineers to the satisfaction of Engineer Bonnie Fisher, Mr. Hanson verified that all other areas were in compliance to include the number of trees planted, fencing around the pond, and pedestrian lighting. He did note there were some trees relocated by the homeowners. So, rather than replace those trees that were relocated, findings. measure. discussions about rain gardening. new trees were planted along the road frontage. Planner Hanson noted the Village is in a position to release the bonds once the requirements are met. However, there is a period of time before the developer petitions for the state. to take over the streets. New legislation per 160D prevents local governments from having repair and maintenance bonds as part of a performance guarantee. He informed Council that he has written in the ordinances of other municipalities an acceptançe guarantee that is specifically for the acceptance oft the road. Basically, itisan amount ofr money that is held until the roads are: accepted with no requirement to: spendi it until the roads Council Minutos Regular Mccting 2024-01-08 Pg.3 are accepted. Council Member Como commented that its should be more of a warranty issue, nota a repair and maintenance issue. Planner Hansen responded that if these were. to be Village streets, the Village would have a requirement from the developer as part of the Village'sacceptance. process to warrant the good condition of the materials and workmanship for a period of a year following acceptance of the streets. However, the Village is nota a party to this situation. It is between'the developer, HOA: and NCDOT. Planner Hansen said typically the developer has a warranty with the contractors and can submit a claim Planner Hansen commented that he will speak with the Planning Board and the Village Attorney to see if itv would be appropriate to have an acceptance guarantee in addition to1 the other guarantees. One of the things that is not really heard about is acceptance oft the water and sewer infrastructure. by Union County. Ift there are water and sewer lines, Council would be accepting the maintenance of these during the final plat process. Mayor Pro Tem Bailey liked the idea; She said the issues feel similar to the issues had at the Courtyards and Heritage, however, the Village is a little protected from the issues at Heritage because of the Indian Trail development part and having the same developer. Mayor Pro Tem Bailey said it appears to bes somewhatofatrend thathomeowners: arel left feeling like they; arel holding the bag. Council Member Como stated he does not want residents to feel like the Village is removing ap potential avenue for them to get things fixed in their neighborhood by the developer. Mayor Fuller asked if there was an acceptance guarantee, would that allow the Village to hold the bond until it was accepted. Planner Hansen stated it would have to be related to a portion oft the initial cost. For example, ift the streets have not been accepted to the point that their performance guarantee for their installation is released, then it would be required to have an acceptance guarantee that would serve as a guarantee. of the acceptance of the roads for maintenance by NCDOT during that period following the release oft thei installation guarantee. Mayor Fuller asked if NCDOT ever rejects accepting roads; Planner Hansen stated it could be possible, Mayor Fuller asked if legally they had to release the bonds; Planner Hanson advised to release the bond since the big ticket items have been satisfied. He did note that there willl likely be issues moving forward with some of MOTION and second were made by Mayor Pro Tem Bailey and Council Members Como to approve C. Dickson Farms - Opposition Resolution 2024.01.08 #2: Planner Hansen reported this Resolution opposes the proposed 371 unit subdivision, Dixon Farms. The subdivision is planned to be located East of the Village on Highway 84. The Union County Comprehensive Plan and Future Land Use Map designates this area for residential development at a density of 2.17 dwelling units per acre. The Village of Wesley Chapel's Comprehensive Plan and Future Use Land Map designates it as residential. growth area with a gross density of 1.0 dwelling unit per acre, There are concerns about the impact from stormwater and traffic. In speaking with Bjorn Hansen, Sr. Planner with Union County, this proposal might be what led to the current delay oft the Hwy 84 and Wesley Chapel Road intersection. roundabout. Planner Hansen stated the NCDOT Division report fort this project still: states this project is not feasible because of an "adjacent development." At the request of Mayor Fuller on behalf of1 the Village to express its desire for the County Commissioners: to deny the proposed. new, rezoning, he has provided Resolution 2024-01-08 #1 for through them for repairs. the trees; However, the Village required them to be installed, and they were. releasing the Pinnacle bond and the Motion passed unanimously. Coundlsconsideration. Council Minutes- Regular Mecting 2024-01-08 Pg.4 development." At the request of Mayor Fuller on behalf of the Village to express its desire for the County Commissioners to deny the proposed new rezoning, he has provided Resolution 2024-01-08 #1 for MOTION and second were made by Council Members Como and Mayor Pro Tem Bailey to approve d. CRTPO Delegate Appointment: Mayor Fullerappointed David Boyce as the CRTPO Delegate and herself Coundlsconsideration: Resolution 2024.01.08 #2 and the Motion passed unanimously: as the alternate. Other Planner Hansen informed Council Members that Emily Hines will be returning to work with him at Benchmark and will be working with the Village. 7.Park & Rec. Report A member of the Park & Rec Committee was not present to give an update. Mayor Fuller asked Council Member Comot to provide an update. Council Member Como reported that Southbrook Church would not be partnering with the Village for the Easter event at the park. This year, they have committed1 to another project but plan to partner with the Village at next year's Easter event. Council Member Como asked if Council wantedi to move forward with having the event this yearand stated Southbrook typically does 80%. of the work. He commented that this is one of the most attended events held by the Village. Council Member Bledsoe commended Council Member Como for all the work he does with the Village. Mayor Pro Tem Bailey commented that the Park & Rec. calendar has not yet been presented to the Council. a. Amended Rules of Procedure, Ethics & General Council Policies: Council Members were presented the amended Rules of Procedures, amended Ethics Policy and Policy Guidelines for consideration. Regarding the Rules of Procedure, Mayor Pro Tem Bailey stated the Village doesn't have a manager and requested the term manager be changed to Clerk under Rule 12 in the Rules of Procedure. Council Members were in agreement to allow the change. Ina addition, Mayor Pro Tem Bailey preferred the language under the: section Integrity" in the Policy Guidelines remove the word' "you" where present Finance Officer Queen suggested adding additional language undersection "One Coundli-OneVotewithin the Policy Guidelines to encourage Council Members to stand by the vote of the Council in their interactions with the public. Council Member Como was not in agreement as he felt this would limit his ability to express his thoughts to the public int the event he wasi noti in agreement with the decision. Mayor Pro Tem Bailey was in agreement with the language and felt the Council should respect the decisions of the Council and support the decisions publicly. Council Members were ina agreement to approve the policy MOTION and second were made by Council Member Como and Mayor Pro Tem Bailey to approve the amended Rules of Procedure, Ethics Policy and the Policy Guidelines with the change from manager to Clerk in the Rules of Procedure, Rule 12, noted above and the Motion passed unanimously. b. Ethics Training: Mayor Fuller reminded newly elected council members are required to take ethics 8. Clerk Report under this topic. Council was in agreement with this change. as presented and to consider additional language at a later meeting. training within 12 months of their appointment. Council Minutes- Regular Mecting 2024-01-08 Pg.5 9. WUMA Update WUMA did not meet in December. Mayor Fuller reported the next meeting willl bei in January and will be held in Marvin. The new Waxhaw Mayor has been invited to visit, and the new County Commissioner has been invited to speak to the group in January. 10 Council & Mayor Comments Mayor Fuller spoke with: the owner of The Buzz Beer & Wine Company (The Buzz), a new restaurant in Wesley Chapel, and he is excited about hosting the appreciation dinner for Board and: Committee Members. On Monday nights, The Buzz is closed, and the Village can use the whole restaurant. She proposed two dates, Monday, February 5, and Monday, March4. Council preferred March 4. Mayor Fuller will send out Save-the-Date notices for March 4th. Council Member Bledsoe reported on the following: She informed Council she will meet next week with Danell Kearns who is the art teacher at New Town Elementary about doing another art show. She will also contact Wesley Chapel Elementary to see if they want to participate this year. Last year's theme was, "What do you think of when you think of Council Member Bledsoe noted there is a new. County Tree Advisory Board called TreesUnion, and they wanted someone from Wesley Chapel to volunteer so she has volunteered. The Board is working with Keith O'Herrin, Union County Forrester, and the Board will be working to direct actions for tree She spoke regarding Guiding Principle #6 in the Comprehensive Plan concerning preservation of historic properties. She noted there are two historic properties in the Village that are over: 100 years old that have not been designated as historic properties. Council Members noted there are many opportunities: to preserve. properties in the Village, and Council Member Bledsoe noted she was able Councill Member Como askedi if Council was interested in having a retreat for citizenst to provide comments to Council. Council discussed various ways, including a survey, to engage the public. Council Member Bledsoe liked the idea of having a retreat with Board and Committee members to collaborate. Mayor Pro Tem Bailey commented that she likes the Village is off to a good start this year with timelines. She is looking forward to the things coming out of the Planning Board like the tightening of timelinesand with the completion of the Comprehensive Plan, the Village being positioned properly so the Council is Wesley Chapel?" Suggestions were made about a new theme for this year. planting and enhancing education and tree awareness throughout the County. to obtain an application to designate these two properties as historic. not reactive as they have been in the past. Council Minutes Regular Mecting 2024-01-08 Pg.6 11.Adjourn MOTION, and second were made by Council Member Como and. Mayor Pro Tèm. Bailey t0 adjourn the meeting at 8:48 p.m. and the Motion, passed unanimously. VILLAGE OF WESLEY CHAPEL Omirdk 8Alli Amanda Fuller, Mayor. Attest Wesley e Municipal sa Incorporated 1998 ors Caris! kDa Kathy Queen, Finance Officer/Clerk Councill Minutes Regular Meeting 2024-01-08 Pg.7 Resolution 2024.01.08-1 ARESOLUTIONI DECLARING CERTAIN: PROPERTY SURPLUS AND AUTHORIZINGTHE DISPOSAL OF SURPLUSSED ITEMS. AS AUTHORIZED BY NCGS 160A-265. WHEREAS, the Village of Wesley Chapel is authorized by NCGS 160A-265 to discard personal property that has been determined tol have no value. WHEREAS, the Village of Wesley Çhapel considers the following items tol be surplus: Quantity Equipment 1 Description Coffee Urn Large Capacity -Sliver ("60 Cups Capacity) NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE OF WESLEY CHAPEL COUNCIL that the damaged item listed above is hereby declared surplus and shall be disposed ofby the Village. ADOPTED this 8 day January 2024. Aoardhe Tl Amanda Fuller, Mayor Attest: d STATE OF NORTH CAROLINA VILLAGE OF WESLEY CHAPEL, NC R2024-01-08# #2 RESOLUTION OPPOSING THE PROPOSED DICKSON FARMS ZONING MAP AMENDMENT WHEREAS, the Village of Wesley Chapel Council's mission and purpose is to represent the desires of its WHEREAS, the Village of Wesley Chapel has been asked to provide comments on the pending zoning map amendment for property owned by Dickson Farms, LLC located on NC Highway 84 (4719 Weddington Road), WHEREAS, the applicant has petitioned Union County to rezone the subject property from the current R-40 zoning district to a conditional R-4 district, which permits detached single-family dwellings on lots as small as WHEREAS, following a significant public engagement process, the Village of Wesley Chapel adopted a new Comprehensive Plan in 2022 which advocates for residential growth in the planning area (inclusive of the subject property) at a density ofr no more than one (1) dwelling unit per acre, which is roughly equivalent to the WHEREAS, the proposed development density of2.18 dwelling units per gross acre also exceeds the density of the "Single Family" future land use classification applied to the property in the Union County 2050 Comprehensive Plan, making the amendment inconsistent with both the Union County and' Village of Wesley WHEREAS, the Village of Wesley Chapel recognizes that high density development puts a burden on public infrastructure and has led to growth outpacing needed improvements and investments in our community; and WHEREAS, the Village of Wesley Chapel continues to experience unprecedented flooding in the area proposed for this development along Twelve Mile Creek, its tributaries, and Molly Branch, and is currently collaborating with the County and Indian Trail to mitigate flooding that is causing significant concerns and WHEREAS, vehicular trip generation originating from the proposed development will impact the already overburdened intersection of NC Highway 84 and Potter Road in Wesley Chapel, the improvement of which has been delayed by NCDOT due to thoi inability of the chosen design to function under growing traffic volumes NOW, THEREFORE, BE IT RESOLVED, that the Village Council of the Village of Wesley Chapel hereby requests the Union County Board of County Commissioners deny the proposed zoning map amendment, find that the proposed amendment is inconsistent with the Union County 2050 Comprehensive Plan, and find that citizens and to serve as a voice for the greater good of the community; and immediately east oft the Village's corporate limits; and 4,000 square feet, compared to 40,000 square feet in the current R-40 district; and current R-40 zoning that is applied to the subject property, and Chapel comprehensive. plans. garnering much attention by both residents and state agencies; and that have been observed since it was initially funded and approved for construction; and the proposed amendment is not reasonable or in the public interest Adopted this, the 8th day of January 2024 by the Village of Wesley Chapel, NC. VILLAGE OFI WESLEY CHAPEL AoASRR2 Amanda Fuller, Mayor Attest: of Wesley Municipal Seal' Incorporated 1998 erts Cais Kathy Queén, Village Clerk hs ELECTED OFFICIAL CODE OF ETHICS WVESLEY E JULY 15.199 VILLAGE OF WESLEY CHAPEL Code ofEthics Code of Ethics Table of Contents Purpose Statement:. PREAMBLE. Canon One. Canon Two.. or Her Office Canon Three 4 4 The Mayor and Village Council Members Shall Obey the Law The Mayor and' Village Council Members Should Uphold the Integrity and Independence of His 4 The Mayor and' Village Council Members Should Avoid Impropriety: and the Appearance of Impropriety in All His or Her Activities 5 5 6 6 Canon Four. Canon Five. AN Mayor and Village Council Member Should Perform the Duties of the Office Diligently.... 5 The Mayor and Village Council Members Should Conduct the Affairs of the Village Council in an Open and Public Manner. Canon Six. The Mayor and' Village Council Members Should Recognize His or Her Extra Governmental Activities to Minimize the Risk of Conflict with His or Her Official Duties Canon Seven. to His or Her Office The Mayor and Village Council Members Should Refrain from Political Activity Inappropriate Code of Ethics Purpose Statement: The purpose of the Code of Ethics is to establish guidelines for ethical standards of conduct for the Mayor and Village Council Members.. PREAMBLE The stability and proper. operation. of a democratic representative government depends on the continuing consent oft the governed, upon the public-conidenceinthel integrity ofthe government and upon responsible exercise of the trust conferred by the people. Government decisions and policy must be made and implemented through proper channels and processes of the governmental structure. The purpose of this code is to establish guidelines for ethical standards of conduct for the Mayor and Village Council members. It should not be considered a substitute The Mayor and Village Council members must be able to act ina a manneri to maintaint theirintegrity and independence yet must be responsive: to the interests and needs of those they represent. The Mayor and' Village Council members serve in an important advocacy capacityi in meeting the needs: oftheir citizens and should recognize the legitimacy of this role as well as the intrinsic importance of this function to the proper functioning of representative government. At the same time, the Mayor and Village Council members must, at all times, act in an adjudicatory or administrative. capacity and must, when doing so, act in a fair and impartial manner. The Mayor and Village Council. members must know how to distinguish these roles and when: each role is appropriate, and they must act accordingly. The Mayor and Village Council members must be aware of their obligation to conform their behavior to: standards ofe ethical conduct that warrant the trust oft their constituents. The Mayor and' Village Council members must find within his or her own conscience for the law or the Mayor's or Village Council's best judgment. the touchstone on which to determine appropriate conduct. The Mayor and Village Council Members Shall Obey the Law Canon One The Mayor and Village Council members shall support the Constitution: of the United States, the Constitution of North Carolina and the laws enacted by Congress of the United States and the General Assembly pursuant thereto. Canon Two or Her Office The Mayor and Village Council Members Should Uphold the Integrity and Independence of His The Mayor and Village Council members should demonstrate the highest standards of personal integrity, truthfulness, honesty and fortitude in all their public activities in order to inspire public confidence and trust in local government. The Mayor and Village Council members should participate in establishing, maintaining, and enforcing, and should themselves observe high Code of Ethics standards of conduct, as that the integrity and independence of their office may be preserved. The provisions oft this Code should be construed and applied to further these objectives. Canon Three The Mayor and Village Council Members Should Avoid Impropriety and the Appearance of A. It is essential that local government attract those citizens best qualified and wiling to serve. The Mayor and Village Council members have legitimate interests economic, professional and vocational- of a private nature. The Mayor and Village Council members should not be denied and should not deny to other Village Council members or citizens, the opportunity to acquire, retain and pursue private interests, economic or otherwise, except when conflicts with their responsibility to the public cannot be avoided. The Mayor and Village Council, Members must B. The Mayor and Village Council members should respect and comply with the law and should conduct themselves at all times in a manner that promotes publicconfidence in the integrity oft the office of Mayor and Village Council members and of local government. The Mayor and Village Council members should not allow family, social or other relationships to unduly influence their conduct or judgment and should not lend the prestige of the office of Mayor and Village Council members to advance the private interests of others; nor should they convey or permit others to convey the impression that they are in a special position to Impropriety in All His or Her Activities exercise their best judgment to determine when this is the case. influence them. Canon Four AMayor and Village Council Member Should Perform the Duties of the Office Diligently The Mayor and Village Council members should, while performing the duties of the office as prescribed by law, give precedence to these duties over other activities. Int the performance oft these duties, the following standards shall apply: A. Legislative Responsibilities 1. The Mayor and Village Council members should actively pursue policy goals they believe to be in the best interests of their constituents within the parameters of orderly decision 2. The Mayor and Village Council members should respect the legitimacy of the goals and interests of other Village Council, members and should respect the rights of others to making, rules of the Village Council and open government. pursue goals and policies different from their own. B. Adjudicative Responsibilities 1. Thy Mayor and Village Council members should be faithful. to the general and local laws pertaining to the office and strive for professional competence in them. They should be unswayed by partisan interests, public clamor or fear of criticism. Code of Ethics 5 2.3 The Mayor and Village Council members should demand and contribute to the maintenance of order and decorum in proceedings before the Village Council. 3. The Mayor and Village Council members should be honest, patient, dignified and courteous to those with whom they deal in their official capacity, and should require similar conduct of their staff and others subject to their direction and control. 4. The Mayor and Village Council members should accord to every person who is legally interested in a proceeding before the Village Council full right to be heard according to the 5. The Mayor and' Village Council members should dispose promptly of the business of the law. Village for which they are responsible. C.Administrative Responsibilities 1. The Mayor and Village Council members should clearly distinguish legislative, adjudicatory and administrative responsibilities and should refrain from inappropriate interference in the impartial administration of Village affairs by) Village employees. The Mayor and Village Council members should diligently discharge those administrative responsibilities that are appropriate, should maintain professional competence in the administration of these duties and should facilitate the diligent discharge of the administrative responsibilities of 2. The Mayor and Village Council members should conserve the resources of the Village in their charge. They should employ Village equipment, property, funds and personnel only in legally permissible pursuits and in a manner that exemplifies excellent stewardship. 3. The Mayor and! Village Council members should require Village employees subject to1 their direction and control to observe the: standards of fidelity and diligence that apply to) Village 4. The Mayor. and Village Council members should take or initiate appropriate disciplinary measures against a Village employee for improper conduct for which the Village Council 5. The Mayor and Village Council members should not employ or recommend the appointment of unnecessary employees and should exercise the power of employment only on the basis of merit, avoid favoritism and refrain from illegal discrimination and fellow Village Council members and other local government officials. Council members as well as those appropriate for employees. member may become aware. nepotism. Canon Five The Mayor and Village Council Members Should Conduct the Affairs of the Village Council in an The Mayor and Village Council members should be aware of the letter and intent of the State's Open Meetings Law. They should conduct the affairs of the Village Council consistent with the letter and spirit ofthat law and consistent with the need to inspire and maintain publicconfidence in the integrity and fairness of local government and the office of the Mayor and Village Council members. The Mayor and Village Council members should, whenever possible, send electronic Open and Public Manner Code ofEthics communications related to Village business on and over the Village's computer system, rather than using personal electronic communication accounts, sO that a record of any electronic communications will be available. to and maintained by the Village. Consistent with the goal of preserving public trust, the Mayor and Village Council members should be aware of the need for discretion in deliberations when the lack of discretion would pose a threat to the resources oft the Village, to the reputation of current or potential Village employees, to orderly and responsible decision making, to the integrity of other governmental processes or other legitimate interests of the Village. Canon Six The Mayor and Village Council Members Should Recognize His or Her Extra Governmental A. The Mayor and Village Council members should inform themselves concerning campaign finance, conflict of interest and other appropriate state and federal laws and should B. The Mayor and Village Council members should refrain from financial and business dealings that tend to reflect adversely ont the Village Council or on local government or to interfere with The Mayor and Village Council members should manage their personal financial interests to minimize the number of cases in which they must abstain from voting on matters coming D. Information acquired by Village Council members in their official capacity should not be used or disclosed in financial dealings or for any other purpose not related to offiçial duties. Activities to Minimize the Risk of Conflict with His or Her Official Duties scrupulously comply with the provisions of such laws. the proper performance of official duties. before the Village Council. Canon Seven to His or Her Office The Mayor and Village Council Members Should Refrain from Political Activity Inappropriate A. The Mayor and Village Council members have a civic responsibility to support good government by every available means, to continue to inform and educate the citizens about the affairs and processes of local government, and to make themselves available to citizens of the Village so that they may ascertain and respond to the needs of the community. In doing so; Village Council members may and should join or affiliate with civic organizations whether partisan or non-partisan, may and should attend political meetings, may and should advocate and support the principles or policies of civic or political organizations consistent with the B. Candidates fori the office of Village Council member and Mayor, including incumbents: 1. Should inform themselves concerning the laws of this state with regard to campaigns and relevant disclosure requirements and should scrupulously comply with the. provisions of Constitution and laws of the United States and North Carolina. such laws; Code ofE Ethics 2. Should maintain the dignityappropriate to the office and a should encourage members of their families to adhere to the same standards of political conduct that apply to 3. Should not make pledges or promises of conduct in office that they will not or cannot 4.3 Should not misrepresent theiri identity, qualifications, present position or other fact; and 5. Should avoid pledges or promises of conduct in office other than thei faithful and impartial commissioners; perform or would bei illegal if it were performed; performance oft the duties oft the office. Adopted this 0gth day of December. January 2024 VILLAGE OF WESLEY CHAPEL Amanda Fuller, Mayor Attest: Kathy Rueen, lus Clerk Village of Wesley Municipal Incorporated 1998 Morh Caroliae SA Code of Ethics ELECTED OFFICIAL POLICY GUIDELINES WESLEYC TULY 151 VILLAGE OF WESLEY CHAPEL Policy Guidelines 1 Policy Guidelines 2 Purpose Accumulation of Information Deemed Confidential Dual-Office Holding Allowance. Complaints Against Elected Officials. Conflict of Interest. Ethics Training. Gifts. Integrity: One Council - One Voice. Policy Decisions. Remote Attendance Meetings. Site Manpulation/Damage Use of official position. Policy Guidelines 3 Policy Guidelines Purpose The purpose of these Policy Guidelines is to provide information to Council regarding ethical and legal considerations in order to better conduct the business ofthe Village of Wesley Chapel. Most of the categories listed below were established by the NC General Assembly. All oft the items below are designed to help uphold the integrity and effectively manage the responsibilities held by Elected Officials in their conduct oft the people's business. Accumulation: of Information Deemed Confidential All documents are considered Public Record unless deemed confidential by NCGS. Those deemed confidential shall remain confidential and shall not be used by any person for any reason. Village Officials shall adhere to NCGS 128-1.2 pertaining to dual office holding requirements. At Council's direction, the Village Attorney may investigate any apparent violations of Village Ifthei investigation finds Village policies have been intentionally violated, Council may vote to issue ap public reprimand and/or adoption of a Resolution of Censure which shall be placed as a matter of record in the minutes of an official council meeting. The Village Official accused of violating this Dual-Office Holding Allowance Complaints Against Elected Officials policies and report the findings to the Council in Open Session. policy shall not vote in these proceedings. Conflict ofinterest Members shall have a duty to inform the presiding officer of any concerns they have regarding conflicts ofi interests prior tos engaging in discussions or decision-making. Conflict of interests may arise when an individual's impartiality might reasonably be questioned due to the public servant's familial, personal, or financial relationship in the proceeding. The presiding officer, in consultation with legal or the Clerk as necessary, will advise the presiding officer on the appropriateness. of the member's recusal from the item being discussed. If deemed appropriate, the elected official will recuse themselves from the discussion and decision-making pertaining to those items, and Council Village Officials are prohibited from having any personal interest in any contracts or agreements with will then Motion to approve the member's recusal. (NCGS 138A-36-) the Village and shall recuse themselves when there is a conflict of interest. Ethics Training NCGS $ 160A-87 requires all Elected Officials to have a minimum of two hours of ethics training within 12 months of appointment to office. Elected Officials shall provide proof of ethics training to the Village Clerk who is required to maintain a verifying receipt of the ethics eduçation by each member of the governing board [160A87-(d)). These certifications are part of the annual budget audit. Policy Guidelines 5 Gifts No public servant shall knowingly accept a gift from any persons they are seeking to do business of any kind with or have done business with in the past. 12 months (2) Isengaged in activities that are regulated or controlled by the public servant's employer. (3) Has financial interests that may be substantially and materially affected by the performance or nonperformance of the public servant's official duties. [NCGS 138A-32]. Integrity As elected officials of the Village, you must commit to the highest standards of service with regard to personal integrity, truthfulness, and honesty in all actions, public or private, and continually strive to Village Officials ensure government actions support the Constitution and laws of the United States and the Constitution and laws ofNorth Carolina and pledge to faithfully perform all duties granted to When conducting Village business, you, as Council, will remain compliant with North Carolina Open Meeting Laws and will remaining independent, impartial, and responsible to the Citizens of Wesley Chapel by ensuring actions, policies and decisions are made int the best interest oft the village residents. Lastly, you promise to those who support you to avoid the appearance of impropriety even if actions may be legal. You will not use their authority for personal gain and will continually strive to maintain maintain the confidence ofall Village citizens in your roles as Elected Officials. you as Elected Officials. the confidence of the citizens in all endeavors. One Council One Voice When speaking to outside entities, Village Officials must state that their comments are their own and are not being made on behalfoft the Village or the Village Council unless directed by the Council to speak on Council's behalf. This maintains division between the role ofthe individual and the elected official when speaking to neighborhood groups or other nonprofit organizations outside of their official duties. Policy Decisions Village Officials shall establish Local Law and Village Policies for the Village that create equal opportunities for all residents of the Village. Remote Attendance for Elected Officials at Council Meetings Elected officials are not permitted to participate in Council Meetings remotely unless the Council has an adopted Remote Attendance Policy. A Remote Attendance Policy will provide guidance. for remote: attendance. Site Manpulation/Damage Any individual who alters a professionally designed, approved Village project shall be financially responsible for returning the project to its original states and having it re-inspected to ensure it has been Policy Guidelines 6 been returned to their original state and/or condition as directed by the Council. The Council shall appoint aj professional service to return the area or project to its original state at the expense oft the offender. Repairs shall not be made by the offender, and the appointed Village Attorney shall not provide legal guidance or represent the offender in the matter. Policy for Allowing Inclusion of Final Subdivision Plat on the Council's Agenda. Prior to placing a final plat on the Council'sagenda, all requirements in the Subdivision Ordinance At least seven business days prior to the Council's meeting, in which the final plat is to be considered, the Subdivision Administrator shall submit copies oft the required documentation to the Copies of the required approval letters from agencies reviewing the final plat should be included: for final plats shall be met. Village Clerk which shall bei included in the agenda package for Council. Letter(s) of approval from the Village'sc consulting engineer Letter of Credit or Surety Bond, Construction estimatès Letter of approval of the construction estimates from the Village's consulting engineer Evidence of dedication ofland or payment of the fee required in Lieu ofl Dedication Ifall the evidence/and or payment has not been received by the Village for inclusion with the final plat information packet, a letter of confirmation or commitment from the developer or appropriate: financial institution shall be included and will be considered sufficient for review. Use ofofficial position Village Officials shall refrain from: Using their official position or Village facilities or resources for private gain. Representing private persons, groups, or interests. Use their position to unduly influence the deliberations or outcomes of advisory board proceedings. Adopted migia 2024. awarfay VILLAGE OF WESLEY CHAPEL of Wesley @ Municipal Seal" Amanda Fuller, Mayor Attest: Incorporated 1998 Morb Carlisy Village Clerk CHds Policy Guidelines 7 ELECTED OFFICIAL RULES OF PROCEDURE VESLEY T ILNI5.I9 VILLAGE ( OF WESLEY CHAPEL Rules of Procedure - Amended 1/8/2024 1 2/5/2024 Rules of Procedure- Amended 1/8/2024 2: 2/5/2024 Table of Contents Purpose Statement:. Rule 1. Applicability of Rules. Rule 2. Quorum Rule 3. Remote Participation Rule 4. Open Meetings Law.. Rule! 5. Regular Meetings. Rule 6. Closed Sessions. Rule 7. Special Meetings. Rule 8. Emergency Meetings.. Rule 9. Recessed or Adjourned Meetings. Rule 10. Organizational Meeting: Rule 11. Meeting Minutes., Rule 13. Agenda.. Rule 14. Order of Business.. Rule 15. Office of the Mayor.. Rule 16. Office of Mayor Pro Tempore.. Rule 17. Other Presiding Officer.. Rule 19. Action by Council.. Rule 20. Second Required. Rule 21. One Motion at at time., Rule 22. Withdrawal of Motion. Rule 23. Debate.. Rule 24. Adoption by Majority Vote.. Rule 25. Changing a Vote. Rule 26. Duty to Vote.. Rule 27. Voting by Written. Ballot. Rule 28. Ratification of Actions. Rule 29. Substantive Motions. & Rule 12. Broadcasting and Recording Meetings.. 10 11 12 12 12 13 13 13 13 13 13 13 13 14 15 15 15 Rule 18. When Presiding Officer is in Active Debate.. Rules of Procedure - Amended 1/8/2024 3 2/5/2024 Rule 30. Procedural Motions. a. Certain Motions Allowed.. b. Priority of Motions. Motion 2. To Adjourn. 15 15 15 15 15 16 16 16 16 16 16 16 16 16 16 17 17 17 17 17 17 18 18 18 19 20 20 21 21 Motion 1. To appeal a Ruling of the Presiding Officer.. Motion 3. To Recess to a Time and Place Certain. Motion 4. To Take a Brief Recess.. Motion 5. To Follow the Agenda Motion 6. To Suspend the Rules.. Motion 7. To Divide a Complex Motion. Motion 8. To Defer Consideration. Motion 9. To End Debate. Motion 10. To Postpone to a Certain Time. Motion 11. To Refer a Motion to Committee. Motion 12. To Amend. Motion 13 To Revive Consideration. Motion 14. To Reconsider. Motion 15. To Rescind. Motion 16. To Prevent Reintroduction for Six Months. Rule 31. Date of Introduction - Ordinances. Rule 32. Adoption, Amendment, and Repeal of Ordinances. Rule 33. Adoption of the Budget Ordinance. Rule 34. Approval on Contracts and Authorization of Expenditures Rule 35. Public Hearings. Rule 36. Public Comment Periods. Rule 37. Appointments Rule 38. Committees & Councils. Rule 39. Amendment of the Rules.. Rule 40. Reference to Robert's Rules of Order Newly Revised.. Rules of Procedure - Amended 1/8/2024 2/5/2024 Purpose Statement: Thej purpose ofthel Elected Officials Rules ofProcedure ist to ensure functional efficiency and to ensure that the elected officials of the Village of Wesley Chapel are complying with laws, regulations, and best practices. The Village adheres tol North Carolina General Statutes and Robert's Rules of Order. These rules apply to all meetings ofthe Village Council of the Village of Wesley Chapel, North Carolina. For purposes ofthese rules, aj meeting ofthe Village Council occurs wheneverar majority of the Council's members gather, whether in person or simultaneously by electronic means, to conduct hearings, deliberate, vote or otherwise transact public business within the Council's real or apparent jurisdiction. The term "majority" as used here and elsewhere in these rules means, unless otherwise specified, a simple majority, that is, more than half of the members, less vacant seats, Rule 1. Applicability of Rules including the mayor. Rule 2. Quorum Thej presence ofac quorum is necessary for the Council to conduct business. A majority (more than half) ofmembers elected to the Council, including the mayor and excluding vacant seats, constitutes a quorum. A member who withdraws from a meeting without being excused by majority vote of the remaining members in attendance is deemed present for quorum purposes. Rule 3. Remote Participation such a policy be adopted by the Council. Rule 4. Open Meetings Law. No member who is not physically present for a Council meeting may participate in the meeting by electronici means except in: accordance: with the Village Council's Remote Attendance Policy should Except as permitted by Rule 6, all meetings of the Council shall be open to the public, and any person may attend. When a majority oft the members of an appointed body gather either in person or by electronic means to discuss or conduct official business, the Opening Meetings Laws apply. Open Meetings laws do not apply to Village staff. Rule 5. Regular Meetings The Council shall hold a regular meeting on the second Monday of each month, except that ifa regular meeting day is a Village holiday, the meeting shall be held on the next business day. The meeting shall be held at Wesley Chapel Villagel Hall int the Council Chamber and shall begin a 7:00 pm. A copy of the Council's current meeting schedule shall be filed with the Village Clerk and posted on the Village website. The. Council shall adopt a meeting schedule each year consistent The Council may amend its regular meeting schedule to add or delete meetings or to change the date, time, or location of one or more meetings on the schedule. The amended schedule shall be with this Rule. Rules of Procedure - Amended 1/8/2024 5 2/5/2024 filed with the Village Clerk at least (7) calendar days before the day of the first meeting held pursuant to the revised schedule and posted on the Village's website. Rule 6. Closed Sessions. a. Motion to Enter Closed Session. The Council may enter a closed session from which thej public is excluded only upon motion duly made and adopted in open session. The motion to enter closed session must cite one: or more of the permissible bases for closed session authorized by b. Closed Session Participants. Unless the Council directs otherwise, the Village Mayor, Village Attorney and Village Clerk may attend closed sessions of the Council. No other person may attend a closed session unless invited by majority vote oft the Council present and voting. Actions: Only actions authorized by state statute may be taken in Closed Session. Actions pertaining to Closed Session shall be made in open session following the Closed Session. d. Motion to Return to Open Session. Upon completing its closed session business, the Council shall end the closed session by adopting a duly made motion after returning to Open. Session. Any motions needed as a result oft the Closed Session shall be made at thist timein Open Session. e. Requirements for Specific Types of Closed Sessions as Listed in NC6S143-318-110): law under NCGS 143-318.11(a). Top protect confidential or privileged information (a)(1) (I) Motion must state the name or citation of the law that renders the information (2) Attendance is limited to people who legally have access to the confidential or (1) For discussion of existing litigation, motion must identify the parties in the lawsuit. (2) The attorney must participate in the: meeting for the purpose of providing legal (3) Allows the public body to instruct the attorney about pending matters, including (4) Settlements approved in closed session must be reported to the public body in open session within a reasonable time after the settlement is concluded. (5) Attendance is limited toj people who are within the attorney-client privilege. ii. Discussing the location or expansion ofindustries or other businesses in the area served (1) Approval of specific economic development incentives, contracts, or expenditures iv. Establishing or instructing staff or agents on the public body's negotiating position for confidential or privileged. privileged information. ii. To consult with an attorney to protect the attorney-client privilege (a)(3) consultation with the public body. approving a settlement. by the public body (a)(4) must be taken in open session. (2) There are no legal limitations on who may attend. acquisition of real property or employment contracts (a)(5). (1) Does not apply to the sale of property by the public body. (2) Does not allow discussion of which property to: acquire. Rules of Procedure- Amended 1/8/2024 2/5/2024 (3) Requires thej public body, upon request, to disclose before it enters the closed session (1) property's current owner, (2) property's location, (3) the purpose for which the public body intends to use the property. (See Boney Publishers, Inc. V. Burlington (4) Allows members of the public body to agree on the final position as an instruction to City Council, 151 NC App. 651 (2002). the staffmembers or agent. (5) There are no legal limitations on who may attend. V. The Personnel exception (a)(6) (1) Does not apply to general policy issues, the discussion must be about one or more (2) Does not apply to independent contractors, except possibly the unit's contracted (3). Does not apply to discussions about members of the public body itself, including (4) Does not apply to discussions about members of other public bodies, including (5)1 Final actions to appoint or discharge an employee must be made in open session. (6) Ift the discussion involves confidential information or records (which it often does), attendance is limited to those who have legal access to the confidential information. individual employees. attorney. applicants for appointment to the public body. applicants for appointment to thej public body: Otherwise, there is no legal limitation on who may attend. Rule 7. Special Meetings. a. Calling Special Meetings. The mayor, mayor pro tempore or any. two members of the Village Council may at any time call a special meeting by signing a written notice stating the time and place oft the meeting and the subject to be considered. A special meeting may also be called by vote of the Council in open session during a regular meeting or another duly called special meeting and by announcing the time, location and date. All meetings called should be called b. Notice to Public. At least forty-eight hours before a special meeting of the council, notice of the date, time, place, and purpose oft the meeting shall be (1) posted at the door oft the Council's usual meeting room and (2) delivered, e-mailed, or mailed to each newspaper, wire service, radio station, television station, and person who has filed a written request for notice with the Village Clerk. Furthermore, notice ofthe special meeting' s date, time, place, and purpose shall Notice to Council Members. At least forty-eight hours before a special meeting called by the. mayor, mayor pro tempore or any twor members ofthe Village Council, or called during an open session, written notice oft the meeting stating its date, time and place, as well as the subjects to be considered, shall be delivered to the mayor and each Council member or left at his or her d. Transacting Other Business. Unless all members are present or any absent member has signed a written waiver of notice, only those items of business specified in the notice to Council during the week, not on weekends, if possible. be posted on the Village's website in advance oft the meeting. usual dwelling plaçe. Rules of Procedure- -Amended 1/8/2024 2/5/2024 members may be taken up at a special meeting. Even when all members are present or any absent member has signed a waiver, the Council may take up an item of business not covered by the notice only ift the Council first determines in good faith that the item must be discussed or acted upon immediately. Rule 8. Emergency Meetings. Emergency meetings of the Council may be called only because of generally unexpected a. Calling Emergency Meetings. There are two methods by which an emergency meeting of the circumstances that require immediate consideration by the Council. Council may be called: The mayor, mayor pro tempore, or any two members of the council may at any time call an emergency council meeting by signing a written notice stating the date, time, and place oft the meeting and the subjects tol be considered. The notice shall be delivered tot the1 mayor and each Council member orl left atl his or her usual dwelling place at least six hours before ii. An emergency meeting may be held when the mayor and all members of the Council are present and consent thereto, or when any. absent member has signed a written waiver of b. Notice to the Media of Emergency Meetings. Notice of an emergency meeting shall be given to each local newspaper, local wire service, local radio station, and local television station that has filed a written request with the Village Clerk for notice ofemergency meetings. Tol be valid, the request must include the newspaper": s, wire: services', or station'st telephone number. Notice may be given by telephone, e-mail, or the: same method used to notify Council members. Notice must be provided immediately after Council members have been notified and at the expense of Transaction of Other Business Prohibited. Only business connected with the emergency may the meeting. notice. the party notified. be considered at an emergency meeting. Rule 9. Recessed or Adjourned Meetings. When conducting a properly called regular, special or emergency meeting, the Council may recess the meeting to another date, time or place by aj procedural motion made and adopted, as provided in Rule 30, Motion 3, in open session. The motion must state the time (including the date, ifthe meeting will resume on a different day) and place at which the meeting will reconvene. Notice of the recessed meeting' s date, time and place must appear on the Village website prior to the meeting. No further notice of aj properly called recessed meeting is required. Rule 10. Organizational Meeting. On the first Monday in December following a general election in which Council members are elected, the Council must hold an organizational meeting. The organizational meeting may not be held before municipal election results are officially determined, certified, and published as required by law. Rules of Procedure: 1 Amended 1/8/2024 2/5/2024 a. As the first order ofl business at the Organizational Meeting, after the agenda has been adopted, the newly elected members shall take and subscribe to the oath of office. Each member's oath must be filed with the Village Clerk. Although a member who is not present for the organizational meeting may take the oath of office at another time, every member must take, subscribe, and file the oath before he or she begins performing any ofthe duties oft the member's b. As the second order of business at the organizational meeting, the Council shall elect from among its members a mayor pro tempore using the procedures specified in Rule 16. The mayor Only when time is of the essence should business items be added to the Orientation Agenda. Any urgent business shall be handled by the Council after new members have been sworn in and seated. The meeting should include making appointments for mayor pro tempore, CRTPO, office. pro tempore shall serve at the Council's pleasure. and other professional organizations as may be needed. Rule 11. Meeting Minutes. a. Minutes Required for all Meetings. The Council must keep full and accurate minutes of all of its meetings, including closed sessions. To be "full and accurate," minutes must record all actions taken by the Council. They should set out the precise wording of each motion and make itj possible to determine the number ofvotes cast for and against each motion. The minutes need not record entire discussions oft the Council, though the Council in its discretion may decide to b. Record of "Ayes" and "Noes." The minutes shall list member(s) voting in opposition by name on a particular matter. All other members present shall be assumed to have voted in the General Accounts of Closed Sessions. In addition to minutes, the Council: must keep a general account of each closed session. The general account must be sufficiently detailed toj provide a person not in attendance with a reasonable understanding of what transpired. The Council may combine the minutes and general account of a closed: session into one document, so long as the document contains both a complete record of actions taken and the level of detail required for d. Sealing Closed Session Minutes. Minutes and general accounts of closed sessions shall be sealed until unsealed by order oft the Council or, ifthe Council delegates the authority to unseal to one or more staffmembers: in accordance with guidelines adopted by the Council. Thes sealed minutes and general account of any closed session may be withheld from public inspection sO long as public inspection would frustrate the purpose(s) oft the closed session. incorporate certain details into the minutes. affirmative unless otherwise stated. as general account. Rule 12. Broadcasting and Recording Meetings. a. Right to Broadcast and Record. Any person may photograph, film, tape-record, or otherwise reproduce any part of a Council meeting that must take place in open session. Except as Rules of Procedure - Amended 1/8/2024 9 2/5/2024 provided in paragraph (c) oft this rule, any radio or television station may broadcast any such b. Advanced Notice. Any radio or television station that plans to: broadcast any portion ofa Council meeting shall notify the Village Clerk no later than twenty-four hours before the meeting. The failure to provide notice is not, by itself, grounds for preventing the broadcast of Equipment Placement. The Village Clerk may regulate the placement and use of camera or recording equipment in order to prevent undue interference with a council meeting, so long as the equipment is allowed tol be placed where it can carry out its intended function. Ifthe village manager determines in good faith that the equipment and personnel necessary to broadcast, photograph, or record the meeting cannot be accommodated without undue interference to the meeting, and an adequate alternative meeting room is not readily available, the village manager d. Alternative Meeting Site. If the news media requests an alternative meeting site to accommodate news çoverage, and the council grants the request, the news media making the requires shall pay the costs incurred by the village in securing an alternative meeting site.. part ofa council meeting. aCouncil meeting. may require the pooling of equipment and the personnel operating it. Rule 13. Agendas. a. Proposed Agenda. The Village Clerk and/or Village Mayor shall prepare a proposed agenda for each meeting. A request to have an item ofbusiness placed on the agenda must be received at least four business days before the draft agenda is published. The Any Council member may, by timely request, have an item placed on the proposed agenda. b. Supporting Information: i Acopy ofa all proposed ordinances shall be attached to the proposed agenda. ii. Items added. to the agenda should have as much supporting information as possible, including costs, for Council review included in the, Agenda Packet. ini. Each Council member shall receive a copy ofthe agenda packet, and it shall be posted online and available for public inspection five days prior to the scheduled meeting. iv. Council members may request other certain documents; documents requested should be presented to all Council Members and shall be made available to the public as may be Council will comply with the Elected Official Policy Guideline for Inclusion of Subdivision d. Adoption of the Agenda. At each meeting, the Council shall review the agenda, make any e. Amending the Agenda. Both before and after it adopts the agenda, the Council may add or subtract agenda items by majority vote of the members present and voting, except that: i. Special Meetings: Subject matter may not be added to what was advertised/noticed as the requested. Inclusion of] Final Subdivision Plat on the Council's Agenda Plats within the Agenda Packet for regularly scheduled Council Meetings. revisions necessary, and adopt a formal agenda for the meeting. purpose of the meeting, except as allowed under Rule 7d, and Rules of Procedure- - Amended 1/8/2024: 10 2/5/2024 ii. Emergency Meetings: Only business related to the emergency may be discussed. Designation of items for "Discussion and Possible Action." The Council may designate an agenda item "for discussion and possible action." The designation signifies that the Council intends to discuss the item and may, ifit so chooses, act on the item following the discussion. Consent Agenda. The Council may designate part of an agenda for ai regular meeting as consent agenda. Items may be placed on the consent agenda by the person(s) charged with preparing the draft agenda ifthei items are considered noncontroversial. and routine. Prior to the Council's adoption of the consent agenda, the request of any member to have an item moved from the consent agenda to: al business category must be honored by the Council. All items ont the consent agenda may be adopted by a single motion. The minutes must reflect all items approved in the h. Informal Discussion of Agendal Item. The Council may informally discuss an agenda item even Acting by Reference to Agenda or Other Document. The Council shall not deliberate, vote or otherwise take action on any matter made by reference to the agenda or any other document with the intention of preventing any person in attendance from understanding what action is being considered or undertaken. The Council may deliberate and vote by reference to the agenda or any item on the agenda, including the consent agenda, provided copies of the agenda are available for public inspection at the meeting and are sufficiently worded to enable the Agenda Items from Members of the Public. Any individual or group who wishes to address the Council ist requested to1 make ar request tol be on the agenda tot the Village clerk and/or Village Mayor at least 6 days prior to the scheduled Council Meeting. The Council shall determine at consent agenda followed by the motion to adopt the full consent agenda. when no motion regarding that item is pending. public to understand what is being deliberated or acted upon. the meeting whether it will hear the individual or group. Rule 14. Order of Business. Items shall be placed on the agenda according to the order of business. The order of business for each Regular Council meeting shall be as follows. Without objection, the mayor may call agenda items in any order most convenient for the dispatch ofbusiness. Where no business is discussed, the item may be omitted from the agenda. Call to Order Public Comments Consent Agenda Presentations Reports Law Enforcement Update Public Hearings New & Old Business Changes to and. Approval of Agenda Rules of Procedure: -A Amended 1/8/2024 11 2/5/2024 Closed Session Council & Mayor Comments Adjournment Rule 15. Office of the Mayor, The mayor shall preside at all meetings of the Council and shall have the right to vote only when there is a tie. In order to address the Council, aj member must be recognized by the mayor, unless appealed per Rule 30, Motion 1 [To Appeal a Ruling of the Presiding Officer). The mayor or other presiding officer shall enforce these rules and maintain order and decorum during meetings. To that end, the mayor may: Rule on motions in or out oforder, including any motion patently offered for Determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from Toe entertain and answer questions or parliamentary procedure. obstructive or dilatory purposes. other members on this ground. Call al briefrecess at any time. Adjourn in an emergency. Ifthe decision by the presiding officer is appealed via Rule 30, Motion 1 [To Appeal a Ruling of the Presiding Officer), such a motion is in order immediately after a decision is announced and at no other time. The member making the motion need not be recognized by the presiding officer, and the motion iftimely made may not be ruled out of order. Rule 16. Office of Mayor Pro Tempore. Att the organizational meeting, the Council shall elect from among its members ai mayor pro tempore to serve at the Council's pleasure. A Council member who serves as mayor pro tempore shall be entitled to vote on all matters and shall be considered a Council member for all purposes, including the determination of whether a quorum is present unless excused per Rule 26 [Duty to Vote]. In the mayor's absence, the mayor pro tempore shall preside at Council meetings and, if directed by Council, may attend ceremonial functions in the mayor'sabsence until the mayor is present. Ifthe mayor should become physically or mentally unable to perform the duties of his or her office, the Council may by unanimous vote declare that the mayor is incapacitated and confer any of the mayor's powers and duties on the mayor pro tempore. When a mayor declares that he or she is no longer incapacitated, and a majority ofthe Council concurs, the mayor shall resume the exercise of his or her powers and duties, Ifboth the mayor and mayor pro tempore are absent from a meeting the Council may elect from among its members a temporary chairman to preside at the meeting. Ifboth the mayor and the mayor pro tempore are absent, the Council may elect from among its members a temporary presiding officer to chair the meeting. While serving as temporary presiding officer, a member has the powers listed in Rule 15. Service as a temporary presiding officer does. Rule 17. Other Presiding Officer. Rules of Procedure - Amended 1/8/2024. 12 2/5/2024 not relieve a member of the duty to vote on all questions unless excused from voting pursuant to Rule 26. Rule 18. When the Presiding Officer is in Active Debate. Ifthe mayor or other presiding officer becomes actively engaged in debate on a particular proposal, he or she may designate another Council member to preside over the debate. The mayor or other presiding officer shall resume presiding as soon as action on the matter is concluded. Rule 19. Action by Council. Unless otherwise provided in these rules, the Council shall act by motion. Any member may make a motion, not including the mayor. Motions may not be made during Closing Comments, except by approyal of the Council by majority yote. Rule 20. Second Required. A motion shall require a second. Rule 21. One Motion at a time. Rule 22. Withdrawal of Motion. A member may make only one substantive motion at a time. The member who introduces a motion may withdraw the motion unless the motion has been amended or the presiding officer has put the motion to a vote. (See Motion 18) Rule 23. Debate. The mayor shall state the motion and then open the floor to debate on it. The mayor shall preside Amember whol has not spoken ont the issue shall be recognized before someone who has already To the extent possible, the debate shall alternate between proponents and opponents of the over the debate according to the following general principles: The maker of the motion is entitled to speak first; spoken; measure. Rule 24. Adoption by Majority Vote, A motion is adopted if supported by a simple majority of the votes cast during a legal Council meeting, except when a super majority is required either by these adopted Rules and Procedures or by state law. Rule 25. Changing a Vote. A member may change his or her vote on a motion at any time before the presiding officer announces whether the motion has passed or failed. Once the presiding officer announces. the result ai member may not change his or her vote without the unanimous consent oft the remaining members Rules of Procedure - Amended 1/8/2024 13 2/5/2024 present. A member's request for unanimous consent to change a vote is not in order unless made immediately following the presiding officer'sa announcement oft the result. Rule 26. Duty to Vote. Every Council member has a duty to vote except when excused from voting as provided in this Rule. Majority or Super Majority Vote- results are calculated from members present and voting. a. Grounds for Excusal. A member may be excused from voting on a matter involving the member's own financial interest or official conduct, except ifthe proposal in question is one to Members may also be excused from voting when prohibited from voting under G.S. 14-234 (contract providing direct benefit to member); G.S. 160A-381(d) (legislative zoning decision likely tol have a direct, substantial and readily identifiable financial impact on member); or G.S. 160A-388(e)(2) (member's participation in a quasi-judicial decision would violate affected person's right to an impartial decision maker). Questions about whether a basis for excusal alter the compensation or allowances paid to Council members. exists should be directed to the Village attorney. b. Procedure for Excusal. AtaM Member's Request. Upon being recognized at a duly called meeting of the Council, amember who wishes to be excused from voting shall inform the presiding officer, who must then submit the matter to a vote of the remaining members present. Ifar majority of the remaining members present vote to excuse the member, the member is excused from ii. On the Council's Initiative. Even when ai member has not asked tol be excused from voting on a matter, a majority of the remaining Council members present may by motion and vote excuse the member from voting if grounds for doing sO exist under paragraph (a). - Consequences of Non-Excused Failure to Vote. Except as specified in paragraph (e), ifa member who has not been excused from voting fails to vote on a matter, the member's failure voting on the matter. to vote shall be recorded as an affirmative: vote provided: the member is physically present in the Council chamber or ii. the member has physically withdrawn from the meeting without being excused by majority d. Failure to Vote on Certain Zoning Matters. If the motion concerns a proposal to amend, supplement or repeal a zoning ordinance, a member's unexcused failure to vote shall not be recorded as an affirmative vote Instead, the member's unexcused failure to vote shall be vote of the remaining members present. recorded as an abstention. Rules of Procedure-Amended 1/8/2024 14 2/5/2024 Rule 27. Voting by Written Ballot. The Council may choose to vote by written ballots in voting on a motion. Such ballots shall be signed, and the minutes of the Council shall show. the vote of each member voting. The ballots shall be available for public inspection in the office oft the Village Clerk 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. Ballots may not be kept in secret. Rule 28. Ratification of Actions. To the extent permitted by law, the Council may ratify actions taken on its behalf but without its prior approval. A motion to ratify is a substantive motion. Rule 29. Substantive Motions. A substantive motion is not in order if made while another substantive motion is pending. Only one substantive motion may be made at at time. Once the Council disposes of a substantive. motion, itr may not take up a motion that presents essentially the same issue at the same meeting, unless it first adopts a motion to reconsider pursuant to Rule 30, Motion 14. Rule 30. Procedural Motions a. Certain Motions Allowed. The Council may consider only those procedural motions listed in this rule. Unless otherwise noted, each procedural motion may be debated and amended and b. Priority of Motions. More than one procedural motion is allowed. Thej procedural motions set out in this paragraph are listed in order of priority. A procedural motion is not in order so long requires a majority ofvotes cast, a quorum being present, for adoption. as another procedural motion ofl higher priority is pending except that: any procedural motion other than an appeal (Motion 1) is subject to amendment as ii. ar motion to call the question (end debate) may be made with regard to any procedural iii. When several procedural motions are pending, voting must begin with the procedural motion highest inj priority, provided that a motion to amend or end debate on the highest provided in Motion 12 [To amend a Motion], and motion in uccordance with Motion 9 [To End Debate]. priority must be voted on first. Motion 1. To appeal a Ruling of the Presiding Officer. Any member may appeal the presiding officer's ruling on whether a motion is in order or on whether a speaker has violated reasonable standards of courtesy. The presiding officer's response to a question of parliamentary procedure may also be appealed by any member. An appeal is in order immediately after the disputed ruling or parliamentary response and at no other time. The member who moves to appeal need not be recognized by the presiding officer, and ift timely made, the motion may not be ruled out of order. Motion2. To Adjourn. Thismotion may be used to close a meeting. Itisnoti in orderifthe council isi in closed session. Rules of Procedure- Amended 1/8/2024 15 2/5/2024 Motion 3. To Recess to a Time and Place Certain. This motion may be used tos call a recessed meeting as permitted under Rule 10. The motion must state the time (including the date, if the meeting will reconvene on a different day) and place at which the meeting will resume. The motion ist not in order ift the Council is in closed session. Motion 4. ToTake a Brief Recess. Motion 5. To Follow the Agenda. This motion must be made at the time an item of business that deviates from the agenda is proposed; otherwise, the motion is out oforder as to that item. Motion 6. To Suspend the Rules. To be adopted, a motion to suspend the rules must receive affirmative votes equal to at least two-thirds (40f5:30f4 or 2 of3) of the Council's actual membership excluding vacant seats and not counting the mayor. The Council may not suspend Motion 7. To Divide a Complex Motion. This motion is in order whenever a member wishes to consider and vote on parts of a complex motion separately. The member who makes this motion Motion 8. To Defer Consideration. The Council may defer its consideration of a substantive motion, and any proposed amendments thereto, to an unspecified time. A motion that has been deferred expires unless the Council votes to revive it pursuant to Motion 13 within 100 days of deferral. A new motion having the same effect as a deferred motion may not be introduced until Motion 9. To End Debate. Ifadopted, this motion terminates debate on aj pending motion, thereby bringing it to an immediate vote. This motion is not in order until every member has had an Motion 10. To Postpone to a Certain Time. This motion may be employed to delay the Council's consideration of a substantive motion, and any proposed amendments thereto, until a designated day, meeting or hour. During the period of postponement, the Council may not take up a new: motion raising essentially the same issue without first suspending its rules pursuant tol Motion 6. Motion 11. To Refer a Motion to Committee. The Council may vote to1 refer a substantive motion to a committee for study and recommendations. While the substantive motion is pending before the committee, the council may not take up a new motion raising essentially the same issue without first suspending its rules pursuant to Motion 6. Ifthe committee fails to report ont the motion within 60 days of the referral date, the Council must take up the motion if asked to do so by the member provision in these rules that are required under state law. must specify how the complex motion will be divided. the latter has expired. opportunity to speak once on the pending motion. who introducedit. Motion 12. To Amend. toalter. a. Germaneness. A motion to amend must concern the same subject matter as the motion it seeks b. Limit on Numbers of Motions to Amend. When al motion to amend is under consideration, a motion to amend the amendment may be made; however, no more than one motion to amend and one motion to amend the amendment may be pending at the same time. Rules of Procedure- - Amended 1/8/2024 16 2/5/2024 Amendments to Ordinances: Any amendment to a proposed Ordinance must be reduced to writing before the vote on the amendment. Motion 13To Revive Consideration. The Council may vote to revive consideration of any substantive motion that has been deferred pursuant to Motion 8, provided it does. so within 100 days ofi its vote to defer consideration. Motion 14. To Reconsider. The Council may vote to reconsider its action on a matter, provided the motion to reconsider is made (a) at the same meeting during which the action tol be reconsidered was taken and (b) by a member who voted with the prevailing side. For purposes of this motion, "the same meeting" includes any continuation of a meeting through a motion to recess to a certain time and place (Motion. 3). The motion is not in order ifiti interrupts the Council's deliberation on: a Motion 15. To Rescind. The Council may vote to rescind an action taken at a prior meeting Motion 16. To Prevent Reintroduction for Six Months. This motion may be used to prevent the reintroduction of a failed substantive motion for a time, but it is in order only when made immediately following the substantive motion's defeat. To be adopted, this motion must receive votes equal to at least two-thirds of the Council's actual membership, excluding vacant seats and not counting the mayor. Ifthis motion is adopted, the ban on reintroduction remains in effect for six months or until the Council's next organizational meeting, whichever occurs first, Motion 17. Renew a Motion. A motion that is defeated may be renewed at any later meeting unless a motion to prevent reintroduction as been adopted per Motion 16 [To Prevent Motion 18. Withdrawal a Motion. A motion may be withdrawn by the introducer unless the pending matter: provided rescission is not forbidden by law. Reintroduction for 6 months]. motion has been amended or the presiding officer has put the motion to vote. Rule 31. Date of Introduction - Ordinances. For purposes of these rules, the "date ofi introduction" for proposed ordinance is the date on which thec council first votes on the proposed ordinance'ss subject matter. The Council votes on the subject matter ofa aj proposed ordinance when it votes on whether to adopt or make changes to the proposed ordinance. Rule 32. Adoption, Amendment, and Repeal of Ordinances. a. No proposed ordinance shall be adopted unless it has been reduced to writing and distributed to b. Tol be approved on the date ofintroduction (Rule 31), aj proposed ordinance or any action having the effect of an ordinance must receive affirmative votes equal to a least two-thirds of the Council'sactual. membership, excluding vacant seats and not counting the mayor, except in the event of a tie, or the mayor's presence constitutes (or completes) the quorum. members before a vote on adoption is taken. Rules of Procedure - Amended 1/8/2024 17 2/5/2024 c. To be approved after the date of introduction, a proposed ordinance or any action having the effect of an ordinance must receive affirmative votes equal to at least a majority of all Council members not excused from voting on the matter. In calculating the number ofaffirmative votes d. The enacting clauses of all ordinances shall be, "Bei it ordained by the Council of the Village of Wesley Chapel." All ordinances shall take effect upon adoption unless otherwise provided Amendment and Repeal ofOrdinances. Thes same voting requirements that govern the adoption of proposed ordinances also apply to the amendment or repeal of an ordinance. necessary, the mayor's vote counts ift there is an equal division. therein. Rule 33. Adoption of the Budget Ordinance a. Budget Adoption Requirements A public hearing shall be held after the proposed final draft of the annual budget has been presented to Council and must be held before the: budget may be adopted by the Council. The notice: must include the date, time and place for the public hearing and must state where ii. After Council's receipt of the. final proposed budget, they must wait 10 days before the iii. Once adopted, the annual Budget Ordinance may not be changed from its adopted form; Amendments may be made separately to affect the Budget Ordinance following its adoption. iv. After the requirements are met, the Council may adopt the annual budget ordinance at a regular meeting of the Council by a simple majority of those members present. b. Work sessions: The Council may hold as many work sessions as may be: needed to prepare the budget. Budget Work Sessions shall be held within a Regular Meeting or Special Meeting Rule 34. Approval on Contracts and Authorization of Expenditures a. Contracts to be in Writing. No contract shall be approved or ratified by the Council unless b. Approval of Contracts. To be approved or ratified, a contract must receive affirmative votes equal to at least al majority of all Council members not excused from voting on the contracting, :. Authorization of Expenditure ofPublic Funds. The same vote necessary to approve or ratify acontract is required for Council to authorize the expenditure of public funds, except when the the budget may be viewed by the public prior to the public hearing. budget may be adopted. and shall follow the Open Meeting rules for meetings. itl has been reduced to writing at the time oft the Council's vote. including the mayor's vote in the event of a tie. expenditure is authorized pursuant to Rule 34. Rule 35. Public Hearings a. Calling Public Hearings. In addition tol holding public hearings required by law, the Council may hold any public hearings it deems advisable. The Council may schedule hearings or delegate that responsibility to village staff members, as appropriate, except when state law Rules of Procedure-Amended 1/8/2024 18 2/5/2024 directs the Council itself to call the hearing. Ifthe Council delegates scheduling authority, it must provide adequate guidance to assist staff members in exercising that authority. b. Public Hearing Locations. Public hearings may be held anywhere within the village or within Rules for Public Hearing. The Council may adopt reasonable rules for public hearings that, among other things, (i) fix the maximum time allotted to each speaker; (ii) provide for the designation of spokespersons for groups of persons supporting or opposing the same positions; (iri) provide for the same number of supporting and opposing delegates in the Hall when the capacity in the Hall has been exceeded; (iv) provide for the maintenance of order and decorum d. Notice of Public Hearing. Any public hearing at which a majority of the Council is present shall be conducted as part of a regular or special meeting. The relevant notice and related requirements of the open meetings law apply to such hearings. Some statutes mandate additional notice for particular types of hearings, and as such notice must be provided in addition to the notice of the meeting during which the hearing will take place.. Continuing Public Hearings. The Council may continue any public hearing without further advertisement to a time and place certain, provided the time (including the date, ift the hearing will resume on a different day) and place of the continued hearing are announced in open session. Except for hearings conducted pursuant to paragraph (g), ifa quorum of the Council is not present for aj properly scheduled public hearing, the hearing must be continued until the Conduct of Public Hearings. At the time appointed for the hearing, the mayor shall call the hearing to order and proceed to allow public input in accordance with any rules adopted by the Council for the hearing. Unless the Council extends the hearing, when the time allotted for the hearing expires, or when no one wishes to speak who has not done so, the mayor shall entertain a1 motion to close the hearing, and the Council shall resume the regular order of business. Public Hearings by Less than a Majority ofCouncil Members. Nothing in thisrule prevents: the Council from appointing a member or members to hold a public hearing on the Council's bchalf, except when statc law requircs that thc Council itselfconduct the hearing. the county where the village is located. in the conduct of the meeting. Council'sn next regular meeting without further advertisement. Rule 36. Public Comment Periods. a. Frequency of Public Comment Periods. The Council must provide at least one opportunity for public comment each month at a regular meeting, except that the Council need not offera public comment. period during any month in which it does not hold a regular meeting. b. Rules for Public Comment Periods, The Council may adopt reasonable rules for public comment periods that, among other things: i) fixt the maximum time allotted to each speaker; ii) provide for the designation of spokespersons for groups of persons supporting or opposing the same positions; (in) provide for the same number of supporting and opposing delegates in the Hall when Village Hall capacity village has been exceeded; (iv) provide for thes maintenance of order and decorum in the conduct oft the meeting. Rules of Procedure - Amended 1/8/2024 19 2/5/2024 Speaker Restrictions. The Council may. restrict speakers based on subject matter, but the restriction must apply to all speakers. The Council may also seti rules such as: 1)all comments are to be directed at the entire Council and not individual members, 2) comments pertaining to personnel issues. or staff should be directed to the mayor and not aired in this forum. Rule 37. Appointments a. Appointments. in Open Session. The Council must consider and make any appointment to another body or, in the event of a vaçancy on the Council, to its own membership in open b. Nominating and Voting Procedure. The Council shall use the following procedure to fill a vacancy in the Council itself or in any other body over which it has the power of appointment. The mayor shall open the floor for nominations, whereupon Council members may put forward and debate nominees. When debate ends, the mayor shall call the roll ofthe members, and each member shall cast a vote for his or her preferred nominee. The voting shall continue until a Mayor. The mayor may not make nominations or vote on appointments under this rule, except when there is an equal division of the Council upon any question, or in the appointment of officers, the mayor shall determine the matter by his/her own vote and shall vote in no other d. Multiple Appointments. Ift the Council is filling more than one vacancy, each member shall have as many votes in each balloting as there are slots tol be filled, and the votes of a majority of the total number of members voting shall be required for each appointment. No member may cast more than one vote for the same candidate for the same vacancy during a single Duty to Vote. It is the duty of each member to vote for as many appointees as there are appointments to bes made, but failure to do sO shall not invalidate a member's ballot. Vote by Written Ballot. The Council may vote on proposed appointment by written ballot in session. nominee receives a majority of votes cast during a single balloting. case. balloting. accordance with Rule 27. Rule 38. Committees & Boards. a. Establishment and Appointment. The Council may establish temporary and standing committees, boards and other bodies tol help carry on the work ofthe town government. Unless otherwise provided by law, the power ofappointment: to such bodies lies with the mayor. Note: North Carolina laws dictate the Council shall make member appointment to the Planning Board b. Open Meetings Law. The requirements of the open meetings law apply whenever a majority of an appointed body's members gather in person or simultaneously by electronic means to discuss or conduct official business. They do not apply to meetings ofthe) Village's professional Procedural Rules. The Council may prescribe thej procedures by which the Village'sa appointed bodies operate, subject to any statutory provisions applicable to particular bodies. In the absence of rules adopted by the Council, an appointed body may promulgate its own procedural rules, and the Board of Adjustment: staff. Rules of Procedure: - Amended 1/8/2024 20 2/5/2024 sO long as they are in keeping with any relevant statutory provisions and generally accepted principles of parliamentary procedure. Board and Committee members are shall adhere to NC Law, the Village's adopted policies, and their respective by-laws. Rule 39. Amendment of the Rules. These rules may be amended at any regular meeting or at any properly called special meeting for which amendment of the rules is one of the meeting's stated purposes. Any amendment to these rules must be consistent with the village charter, any relevant statutes, and generally accepted principles of parliamentary procedure. To be adopted, a motion to amend these rules must be approved by equal to or greater than two-thirds ofthe full Council, excluding vaçant seats. Rule 40. Reference: to Robert's Rules of Order Newly Revised. The Council shall refer to Robert's Rules of Order Newly Revised for guidance when confronted with a procedural issue not covered by these rules or state law. Having consulted Robert's, the mayor. shall make ai ruling on the issue subject to appeal to the Council under Rule 31, Motion1. In the event any ofthese rules conflict with the Village Charter, the Village Charter controls. This adopted Rules of Procedure supersede all previously adopted Rules ofl Procedure. Adopted this day of 2024. VILLAGE COUNCIL OF WESLEY CHAPEL AmichspAlle Amanda Fuller, Mayor Attest: Kathy Queen, Village Clerk Rules of Procedure- Amended 1/8/2024 21 2/5/2024.