HomeMy WebLinkAboutMinutes 06-16-2011 APPROVED 8/23/2011
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
WORK SESSION
June 16, 2011
1:30 p.m.
The Orange County Board of Commissioners for a Work Session on Thursday, June 16, 2011
at 1:30 p.m. at the Link Government Services Center in Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and
Commissioners Alice M. Gordon, Barry Jacobs, Earl McKee and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT: Valerie Foushee and Pam Hemminger
COUNTY ATTORNEY PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board
Donna S. Baker (All other staff inembers will be identified appropriately below)
Chair Pelissier said that Commissioners Foushee and Hemminger were unable to
attend today's meeting.
Chair Pelissier said that Commissioner Jacobs had submitted items to add to the
agenda under#3 (yellow sheet). These items are as follows:
- Email
o Appropriate uses under Open Meetings Law
o Transparency and public access
o Copying Clerk on scheduled meetings
- Consent Agenda
o Items to include or exclude by custom
- Internal Reports
o Written reports on small-group meetings
o Verbal reports by Commissioners
- Conduct of Meetings
o Addressing the public
o Proper comportment
o Time sensitivity
- Work Sessions and Regular Meetings
o Coordination of topics
o Flexibility in practices
o Solicitation of topics from Board
Chair Pelissier said that they normally do not add items to a work session and she
asked if the Board would like to add these items. The Board agreed.
Commissioner McKee said that he would have to leave at 4:30 p.m. today.
Commissioner Gordon said that it may be hard to come to conclusions on some of
these items and on those there could be options to bring back for a formal vote.
1. Review of Proposed Draft Oranqe County Addressinq and Road Naminq
Ordinance
GIS Director Steve Averitt said that he had been working with Annette Moore on the
addressing ordinance. On April 27th the County staff inet with staff from Chapel Hill, Carrboro,
and UNC. The addressing staff is ok with the wording of the ordinance but did not know if the
Boards were ready to adopt now. On May 4th he met with the Council of Fire Chiefs and he felt
that there was a positive take by them on the ordinance. A lot of the feedback has come in
over the past two weeks and some items on the present agenda item may be changing, so
there may need to be another work session.
He referred to the handout and the guidelines for enforcement. Everyone should have
their addresses displayed properly. These Fire Chiefs requested that there be language that
the address is made of reflective mateial, but other parties disagree with that. There is also a
request to correct addresses that are incorrect (i.e., a 200 house number on a 500 block). One
issue where there is no consensus is the driveway issue. Currently, any driveway that has two
or more habitable structures will have to name the drive and have an address by that drive. If
the ordinance is adopted, the proposal is to have 12 months before enforcement.
Commissioner Yuhasz said that if it is a joint driveway, then it is just a joint driveway.
He suggested requiring numbers at the end of the road so that it is easier to see. He said that
the County has a policy of requiring joint driveways in certain situations when normally
individual driveways would be expected. He thinks that these extra requirements and $500
fine are excessive.
Commissioner McKee said that if they allowed multiple addresses on the road, then
they need to have the posted address at each individual dwelling also.
Commissioner Jacobs agreed with Commissioner Yuhasz and Commissioner McKee
about the joint driveway. He said that if it was built as a joint driveway, it should not be
considered a private road.
Chair Pelissier agreed and said that she does not want it to be a separate road, but to
have addresses at the road and the houses.
Commissioner Yuhasz said that his comments were applicable if there were only two
houses.
Steve Averitt said that the biggest concern regarding this is for mobile home parks.
Commissioner Gordon said that she would like to go through the ordinance page by
page for comments. She said that she agreed that a joint driveway should only have two
structures. She made reference to the definition of a "habitable structure" as opposed to an
"addressable structure." She said that this needs to be clear.
Commissioner Gordon asked clarifying questions about how Ford Road would be
renumbered, which were answered by Steve Averitt.
Discussion ensued on requiring reflective material for addressing.
Commissioner McKee said that this would be a major change and would probably
require 75-80% of the County to switch to a reflective material.
The Board agreed that it is preferable but not required to have reflective material for
addressing, and that the addresses need to be visible from both directions. The Board also
agreed that a joint driveway could be for only two houses.
Commissioner Yuhasz said that for addresses out of sequence it might be better to
have them be plus or minus one instead of 35.
Frank Clifton said that sometimes you might need to leave a space just in case another
structure comes in.
Chair Pelissier asked about the grace period for enforcement and Commissioner
Jacobs said that he thinks it should be as long as it was for tethering of dogs. This was six
months.
Steve Averitt said that the post office has also provided feedback and they notify all
postmasters and election offices when they change any address.
Commissioner Gordon expressed concern about being in violation of not posting an
address and being convicted of a misdemeanor. She thinks it should be a smaller penalty.
Steve Averitt said that the reason they proposed a 12-month grace period is because
there are a lot of logistical issues to deal with once the Board of County Commissioners adopts
this.
Commissioner Gordon suggested giving warnings after the grace period before
imposing fines.
Chair Pelissier suggested going through each item for consensus.
Commissioner Jacobs said that the fines are draconian. He wants to encourage people
to do something for their benefit, and if they do not want to comply, then so be it.
Commissioner McKee agreed but he still thinks that this should be enforced for people
to change to a standard numbering system. He thinks the fines are excessive. He would like
to give a reasonable grace period. The 12 months seems reasonable.
Commissioner Yuhasz agreed with 12 months from the adoption to enforcement, 60
days to put the address up once notice is given, and maybe a $25 per day fine.
Steve Averitt said that there was never an intention to make the fine $500, but it was
just put in as a placeholder for the County Commissioners to discuss.
Commissioner Gordon said that she agreed with the 12 months.
Steve Averitt said that there are about 2,000 residents that would not be in compliance
if this were adopted. The goal is to send education materials to these residents and notify
them of the non-compliance.
The Board agreed to make this a civil action and not a class three misdemeanor.
Commissioner Jacobs made reference to the elderly and other reasons for being non-
compliant. He wants to be able to make exceptions.
Commissioner Gordon made reference to page 4, number 2, Addressable Structure
and said that it is not clear why wells were mentioned and why they would have to have an
address. She flagged this.
Commissioner Gordon made reference to page 6 at the bottom and renaming roads.
She said that the County Commissioners should take the heat on renaming roads and
changing numbers and not the Address Administrator.
Commissioner Gordon made reference to page 8 at the bottom and said that the Board
of County Commissioners should approve the list of changed addresses and that people
should have the chance to appeal.
Commissioner Gordon made reference to page 10 and the Address Administrator. She
thinks that the changing of addresses needs to be documented so that it can be traced. Her
address was changed in error, and it was difficult to trace who had changed her address.
Chair Pelissier said that the ordinance has a whole procedure in place to notify people.
Commissioner Yuhasz asked about the process of renaming a branch of a road.
Chair Pelissier said that this could be in the next draft—the process of renaming and
the procedure that will be used.
Chair Pelissier said that she wanted to flag the issue of similar names of roads within
Orange County. She asked if this included the towns as well. She thinks that this is a really
good first draft.
Any further comments can be sent to Steve Averitt with a copy to others.
2. County Commissioners: Policy/Process Governinq the Selection Process of
BOCC Boards/Commissions Assiqnments
Chair Pelissier said that many of the Board members wanted to revisit this item. She
asked for suggestions from the County Commissioners.
Policy Governing the Selection Process of BOCC Boards/Commissions Assignments
(2009 version)
- Each BOCC member (veteran) shall choose two boards that they currently serve on
that cannot be taken away by the other BOCC members.
- Least senior members of the Board will choose two boards on which to serve
(suggestion is to do this alphabetically— by last name)
- The round robin process of choosing boards/commissions shall begin, with the least
senior BOCC members (alphabetically) choosing one board, and following with
other board members, from least senior to most senior member of the BOCC,
choosing one board at a time.
- Round Robin will not include short-term taskforces (limited duration), ex-officio
boards, and non-O. C. boards with BOCC in officer positions, (these also cannot be
taken away by other BOCC members)
- In regards to BOCC members attendance at any board/commission/task force
meetings:
o There shall not be any more than 2 BOCC members assigned to any one
board/commission/task force
o Any third/fourth commissioner that attends any task force/staff work group
meetings can only attend as a silent observer
o In the event that 2 Commissioners are assigned to any
board/commission/task force meeting and one other Commissioner is
assigned as an alternate, that person (the alternate) can attend as a silent
observer and only become a voting or participating member if one of the
other assigned Commissioners is not in attendance (Volunteer Resolution
#9)
Commissioner Gordon said that she did talk to Commissioner Foushee about this since
Commissioner Foushee could not attend this meeting. She said that Commissioner Foushee
said she liked the process they are currently using and would like to keep two boards because
it allows the member to work on things in which the person has interest and knowledge.
Commissioner Foushee thinks that a Board member should not be forced to take an
assignment.
Commissioner Gordon agreed with Commissioner Foushee's comments and her major
reason is that members can work on things that they are passionate about and there is
continuity and expertise. She likes the current process.
Commissioner Yuhasz said that there is value in having continuity, but after a point
reserving two boards for each Commissioner in perpetuity hinders other members from
indulging their passion if it coincides. He suggested putting a term limit on the number of
consecutive years a Board member can reserve a particular board.
Commissioner Jacobs agreed with Commissioner Yuhasz and he suggested one term
in office, four years, and it should be retroactive for those serving,
Commissioner Yuhasz said that the Board of Health is typically a three-year term and
would be a reasonable term limit.
Commissioner McKee said that he liked it this year but he had no prior experience and
he respected other's areas. He said that there were plenty of boards to choose from and he
did not feel shorted.
Chair Pelissier said that with the decrease in the number of boards, it narrowed the
pool. She said that if the County Commissioners keep two, then there is less to choose from.
She said that she purposely only kept one and left more for others to choose from.
Commissioner Gordon likes the current system but suggested that, as a compromise,
one possibility would be for each member to only keep one board. She said that this affects
her the most because she will lose one of the transportation boards. She said that the
retroactive piece is not fair to the senior members.
Commissioner Gordon said that she has heard three options:
- Each County Commissioner keeps two boards (current system)
- Retroactively limit the term to three years
- Keep one board
Chair Pelissier suggested narrowing this down to two options today.
Commissioner Jacobs said that the current system is an improvement to what they had
in the past. He made reference to the retroactive issue and said that he has been on this
Board for 13 years and he has never had the opportunity to do transportation because
Commissioner Gordon will not let go. He said that this is not fair because he has an interest
too. He said that the more people that have knowledge of different things on the Board, the
stronger the Board will be.
Commissioner Yuhasz said that he appreciated Commissioner Gordon's concerns and
he suggested choosing one board now, and be able to keep it for a term limit; and all else
goes into the pot.
Commissioner McKee asked about the time limits and Commissioner Yuhasz said that
the one board would not be retroactive and the other board would be retroactive.
Commissioner McKee said that he has a concern about doing a free-for-all. He said
that a compromise would be to choose one and repeatedly choose one if there was a
particular interest.
Commissioner Yuhasz said that it does not seem fair for one Board member to hold on
to a particular outside board for as long as they are in office. There should be turnover at
some point. He would suggest putting a time limit on the number of years to ensure this
turnover.
Commissioner Gordon said that she does think they should have an opportunity to stay
on a board for a long time, since otherwise she would never have been able to accomplish
what she did for regional transportation. For example, she worked on the joint MPO Long
Range Transportation Plan which won a national award not long ago. She said that when
Commissioner Jacobs came on the Board, she had three regional assignments and
Commissioner Jacobs first said that he wanted Triangle Transit but then later said he wanted
Triangle J Council of Governments. She said that she gave up TJCOG for Commissioner
Jacobs so that he would have a chance to serve.
Options:
Commissioner McKee suggested that each Board member retain one committee
without limits. All agreed to have this as one of the options.
Commissioner Jacobs suggested that the other option be that each Board member has
one committee with limits.
Commissioner Gordon suggested that one option be to not change the process.
Commissioner Yuhasz suggested an option that each Board member can keep two
boards with limits.
Commissioner Jacobs suggested that the limits of being on a committee should be
within a County Commissioners' term so that there is some turnover.
Commissioner Yuhasz suggested bringing this back to a work session with all in
attendance.
Commissioner Gordon made reference to the current policy for the selection process
and the way it works for the veterans and the lease senior members. There needs to be more
discussion about the first three bullets before figuring out the rest of the process.
Chair Pelissier said that this would be put on a work session sometime this fall.
Donna Baker said that before this gets put back on the agenda, she will send it out to
all County Commissioners to be sure that everything is captured.
3. County Commissioners: Discussion on Various Board Procedures
Decision Points for BOCC
1. Petitions to the Board by Board Members- Process for Commissioners to
Place an Item on a Reqular Board Meetinq Aqenda.
Excerpt from the Approved Minutes from the March 15, 2011 BOCC Regular Meeting:
4-I. Process for a Member of the Board of Commissioners to Place an Item on a
Meeting Agenda
The Board approved the process for a member of the Board of Commissioners to place an
item on a Board meeting agenda indicating a petition could be either stated orally or in
written form and there is not a vote but it goes through the process of review by the
Chair/Vice Chair/Manager. Each Board member will then be given three minutes total for
petitions. The Board then directed staff to incorporate the necessary changes into the
Board's Rules of Procedure and the agenda face sheets for regular Board meetings.
Decision Point:
- Does the Board want to continue with the adopted process for Petitions to the
Board by Board Members as stated above or review this process?
The Board agreed by consensus to keep this procedure in place.
2. Joint Meetinqs with other Parties
Currently, the Board meets with elected governing boards as well as internal boards and
commissions on an annual basis. It recently has been suggested to meet with other
entities (such as the Fire Chiefs/Fire Department Board Chairs) to discuss a particular,
time-sensitive issue (Fire/EMS Study) and/or elected officials to discuss an ongoing topic
(Rogers Road Mitigation).
Decision Points:
- Does the Board want to meet on an as-needed basis with these groups when a
particular issue arises since there is no public comment at work sessions?
- Are there criteria to be applied?
Commissioner Gordon said that she would like to keep it as needed but she would like
there to be a limit on extra meetings.
Commissioner McKee said that he supported joint meetings, such as the Fire Chiefs,
he is not supportive with meeting with community groups or organizations. The County
Commissioners may want to look at other means of interacting with these types of groups.
Commissioner Jacobs said that he does not think the rules are sufficiently flexible to
apply to an invitation work session, such as Fire Chiefs. He suggested using different
verbiage such as "invitation work session" as opposed to a work session.
Commissioner Gordon agreed with Commissioner McKee and suggested scratching
"other entities" and coming up with a session where people can talk.
Chair Pelissier said that she sees the Fire Chiefs as a taxing entity and not just a group.
She said that she is not willing to have community groups because then they would have to
meet with everyone that asks. She suggested having limitations for who the County
Commissioners will meet with.
Commissioner Jacobs suggested the wording, "partner public entity."
The Board agreed that the Board will meet with elected governing boards as well as
internal boards and commissions on an annual basis, and other partner public entities.
3. Limit on Time for Public Comments on Items Not on the Printed Aqenda/Items
on the Printed Aqenda
The Board has in the past followed an "unwritten rule" of allowing only a one hour
comment period for all "Items Not on the Printed Agenda," while still allowing unlimited
comment periods for"Items on the Printed Agenda."
Decision Points:
• Does the Board want to formalize the one hour limit on public comment for
"Items not on the Printed Agenda" as part of their Board Rules and Procedures?
• Does the Board want to add a time limit on public comment for"Items on the
Printed Agenda"?
Commissioner Yuhasz suggested keeping the limit to one hour.
Commissioner McKee said that if it has only happened a couple of times, then he does
not see it being a problem. He said that if there are 40 people signed up to speak, then the
County Commissioners should listen because they were elected to listen.
Commissioner Jacobs said that if it is not on printed agenda, it should be limited to one
hour. If it is on the printed agenda, then it can be unlimited.
Commissioner Gordon said that she asked Commissioner Foushee about this and
Commissioner Foushee said if there is a limit, then it can be suspended if needed by a
unanimous vote.
Commissioner Gordon agreed with the one-hour limit for items not on the printed
agenda and an unlimited time for items on the printed agenda.
Chair Pelissier said that she would like a limit on items not on the printed agenda.
Frank Clifton suggested that there be a limit on the items not on the printed agenda.
Commissioner Gordon agreed that there should be a limit on items not on the printed
agenda. There could always be a vote to extend.
Commissioner Yuhasz suggested not announcing this but putting it on the sign-up
sheet.
Commissioner Jacobs said that there are some things that the Chair should do to
discipline other Board members that he would like to discuss.
The Board agreed to have a one-hour limit on items not on the printed agenda, but no
limit on items on the printed agenda. The Board can choose to extend the items not on the
printed agenda.
Commissioner Jacobs made reference to expectations that the Chair should enforce.
He said that the people in the room are the public and not an audience and they should be
treated as the public and not an audience. Also, there have been agreements in the past
about how long a Board member should speak and how the Chair should be in control of this
situation, and this has broken down. In reference to the Manager, he spoke recently on an
item but all County Commissioners did not get a chance to speak because of him speaking,
which then becomes an argument. He does not think this is the Manager's place. The
Manager should introduce it, then the County Commissioners should discuss it fully, and then
the Manager can address the points made. The Manager should not try and argue the Board
out of a position.
Commissioner Yuhasz said that he does not want to see a specific time limit on County
Commissioners' comments. He said that there are times when he needs more than three
minutes.
Commissioner Gordon said that it is important for the Chair to keep a list of when
County Commissioners get recognized to speak, so that everyone will be clear concerning
when they may speak.
Chair Pelissier said that a Board Chair can recognize a person who has not yet spoken
and it is important for everyone to be heard before going back to someone for second
comments.
Commissioner Jacobs agreed with Chair Pelissier. He said that there was an instance
where a long speech was an issue and it was brought to the Board of County Commissioners'
attention and it was not a good thing.
Chair Pelissier said that one incident is not a problem, but if there is a pattern, then it
should be addressed.
Commissioner Gordon said that if the Chair is going to follow a particular system for
recognizing speakers, then it should be made clear. She suggested keeping a list that has the
order of speakers.
Commissioner McKee said that he has never felt that he has not had an opportunity to
speak. He will make a point if he wants to. He encouraged everyone to be aware of how long
they are talking.
Chair Pelissier said that she would eventually call on everyone.
Commissioner Gordon said that it would help that if someone puts up their hand, to
have the Chair please acknowledge their hand so he or she would not have to keep their hand
up.
The Board agreed to limit comments on items not on the printed agenda to one hour.
4. Recoqnitions
The Board does not currently have a standing policy or process (outside of the petitions
process) for requests from Commissioners as relates to recognizing an individual, group or
corporate entity's accomplishments at a BOCC Regular meeting.
Decision Points:
- Does the Board want to adopt a formalized policy/process as it relates to
recognition requests?
- If so, what criteria/timeframe would the Board like to see as it relates to these types
of recognitions?
Commissioner Gordon said that she would like to have a formalized process. She
suggested asking staff about this.
Commissioner Yuhasz said that if they are doing recognitions of third parties, he would
like some criteria to go by to choose who to recognize.
Commissioner McKee said that if it is left up to the Chair/Vice-Chair and Manager or
other group without a standard policy, then some people may be left out and offended.
Chair Pelissier said that she does not want to make a decision about whether or not to
recognize a particular individual. She is not sure how to develop criteria that will not create
problems.
Commissioner Jacobs asked the Clerk to go back to see who has been recognized in
the past ten years and see what categories have been included.
Commissioner McKee agreed.
Donna Baker said that she could go back ten years to research this item. She will do
this over the summer break.
This item will be brought back for further discussion.
5. Mandatory Adjournment Time
The Board currently has a 10:30 p.m. adjournment time. The Board discussed
amending its start time to 7:OOpm on 2/17/2010 but left the adjournment time at 10:30pm.
However, in holding with past precedents, the Chair would call to the Board's attention that it
was adjournment time and would take a Board vote to see if the Board would like to either
adjourn the meeting or continue the meeting.
The Board's Rules of Procedure state in two places:
Rule 11 —Agenda:
If there is no objection, the Chair may call items in any order most convenient for the
dispatch of business. The meeting will end at 10:30 unless there is a unanimous vote of the
Board to continue beyond that time.
Rule 20, Procedural Motions (2):
To Adjourn. The motion may be made at the conclusion of action on a pending matter;
it may not interrupt deliberation of a pending matter.
Comment: this motion differs from the Robert's Rules of Order motion in several
respects. In Robert's Rules of Order, it is not debatable or amendable and can be
made at any time, even interrupting substantive deliberations. In view of the small
number of inembers and the available procedures to limit debate, this rule allows
debate and amendment of the motion to adjourn but allows the motion to adjourn only
when action on a pending matter is over. The motion to defer consideration or to
postpone to a certain time or day may be used if the Board wants to adjourn before
completing action on a matter.
Decision Points:
- Does the Board want to proceed with a mandatory adjournment time, with the
Chair calling the 10:30pm time and asking the Board to vote on continuance of the
meeting?
- Or would the Board prefer to continue as it has with the meeting continuing
until all agenda items are discussed?
Commissioner Gordon said that they should have a 10:30 p.m. mandatory adjournment
time, which can be extended with a unanimous vote.
Commissioner Yuhasz said that they have gone past this time quite frequently and
there is no point is having a mandatory adjournment time if it is ignored.
Commissioner Jacobs said that he has never been a fan of the mandatory time
adjournment time and if someone wants to leave at that time, then so be it. He does not want
one person to have a veto over the Board's business.
Commissioner McKee agreed. He does not have any problem with someone needing
to leave, but he does not want to put business on hold so that it continues to get backlogged.
Chair Pelissier said that she likes finishing the Board's business and does not like the
mandatory adjournment time.
Commissioner Gordon said that she has been on a Board with no mandatory
adjournment time and it does not work because the meetings go too late. She said that it is a
good discipline to have a mandatory adjournment time. Her suggestion is a mandatory time
with a majority vote to extend.
Frank Clifton said that the buildings have a time limit of midnight for the alarm systems.
Chair Pelissier said that she would not mind changing it to 11:30 p.m.
Donna Baker said that she needs to make sure that she has time to break everything
down and vacate the building by midnight.
Commissioner Gordon said that Commissioner Foushee said that it is important to her
to have a mandatory adjournment time of 10:30 p.m.
OPTIONS TO CONSIDER:
- 10:30 p.m. with a majority vote to extend
- 11:00 p.m. with a majority vote to extend
- 11:30 p.m. with a majority vote to extend
Commissioner Gordon said that the Board needs some type of control when the
meeting will end and noted that the decision items are later on the agenda.
Chair Pelissier said that the Board can always vote to defer an item if it is too late.
A motion was made by Commissioner Gordon to start the Board of County
Commissioners' meetings at 7:15 p.m. There was no second.
Commissioner Jacobs said that he could consider moving it to 7:15 p.m. but then he
would not want to have a mandatory agenda time.
The Board then considered the yellow sheet that was brought by Commissioner
Jacobs.
- Email
o Appropriate uses under Open Meetings Law
o Transparency and public access
o Copying Clerk on scheduled meetings
- Consent Agenda
o Items to include or exclude by custom
- Internal Reports
o Written reports on small-group meetings
o Verbal reports by Commissioners
- Conduct of Meetings
o Addressing the public
o Proper comportment
o Time sensitivity
- Work Sessions and Regular Meetings
o Coordination of topics
o Flexibility in practices
o Solicitation of topics from Board
Commissioner Jacobs made reference to the first item - appropriate uses under the
Open Meetings Law and he asked the County Attorney to define for them about email policy
issues and what the limits should be. He would also like there to be transparency and public
access on the internet.
John Roberts said that email conversations are not seen by the courts as improper
closed meetings or a violation of the open meetings law.
Commissioner Yuhasz asked that a memo be sent to all County Commissioners
regarding this.
Frank Clifton said that staff is working on having an electronic file for all County emails
to be deposited.
Commissioner Gordon said that she has sometimes asked the staff questions and has
received extensive answers. At the Commissioners' meetings she has then entered these into
the minutes. She said that maybe there should be a process for this so that the public can
always see these answers to questions.
Commissioner Yuhasz made reference to copying the Clerk on scheduled meetings
with third parties when an invitation goes to one or two board members and all Board of
County Commissioners need to know about this. He said that broad invitations need to be for
all.
Commissioner Jacobs said that it would be nice to have things on the weekly calendar
when a member of the Board is representing the Board at a meeting so that everyone is in the
loop.
Chair Pelissier asked if she should forward all of her emails to the Clerk.
Commissioner Gordon said that this is another thing to refer to staff for a
recommendation. She asked for the Chair and the Clerk to work on this.
Commissioner Gordon said that there was another item on page 5 of the abstract that
was overlooked.
6. Appointment Process:
The current boards/commissions appointment process listed in the Board's Rules of
Procedures will need to be revised based on the outcome of the discussion on the Generic
Advisory Board Policy.
The Board agreed.
7. Updates to be incorporated into Board's Rules of Procedure
Decision Points:
- Meeting Time (to be officially changed to 7:00 pm) — Pages 10, 11
- Add an Item to the agenda — Section V— Rule 9 —This section may need to be
reconciled with the Board's framework for individual Commissioners petitioning the
Board on an agenda item.
The Board's Rules of Procedure currently states: (this was changed when board added two
members)
"The board may, by approval of four of its members, i.e. an affirmative vote equal to a quorum,
add an item that is not on the agenda.
Comment: Because of the increased volume and complexity of the matters they must
consider, nearly all boards use an agenda. Some boards use an agenda only to organize the
material they must consider and to give themselves an opportunity to study the issues before
they meet. These boards generally allow last-minute additions to the agenda by general
consent. This rule takes that approach. Other boards use their agenda to control the length of
their meetings. Often a board that uses its agenda for this purpose will hold a work session
before the regular meeting to ask questions and thoroughly explore the proposals that must be
voted on at the regular meeting. Generally these boards take a stricter approach and do not
allow late additions to the agenda unless an emergency exists.
- Order of Business — Page 16 — Update to Current Order (when formally
adopted)
- Public Charge — Page 17 — Change "citizens" and "citizen" to "residents" or"the
public"
- Others changes as needed.
Commissioner Gordon said that it is a good idea not to add things to the agenda at the
last minute. She recommended taking the stricter approach and not allow late additions unless
an emergency exists.
Commissioner Jacobs said that if anything is to be added, then the Chair should bring it
up at the beginning of the agenda.
Commissioner Gordon said that the way it is written is fine.
Commissioner Yuhasz said that the Chair and Vice-Chair can be dictatorial but there
should be some procedure where the full Board can override the Chair and Vice-Chair.
Chair Pelissier agreed that there should be a procedure.
Commissioner Yuhasz suggested that if an item has been petitioned by a Board
member and the Chair and Vice-Chair review it and decline to put it on the agenda, the item
can be added to the next immediate agenda by a majority vote of the Board. It would have to
go through the process first.
Back to yellow sheet:
* Consent Agenda
- Items to include or exclude by custom
Commissioner Jacobs said that there should be some parameters as to what goes on
the consent agenda by amount, or if previously discussed by Board and not agreed upon. If
something is of significant public interest, it should not be on the consent agenda.
Chair Pelissier said that it sounds like a lot of work to come up with criteria when any
item can be pulled off the consent agenda. Commissioner Yuhasz agreed.
Chair Pelissier said that she is not hearing a majority for adding criteria.
Commissioner Jacobs said that he would argue for keeping things off the agenda so
that people know they exist, because they indicate things that the Board might not ever
otherwise be able to publicize.
Commissioner Gordon said that this item will not be finished this afternoon, so she
would like to bring up item #4 on the agenda.
Commissioner McKee left at 4:27 PM.
4. Creation of a General Policy for Board of County Commissioner Advisory Boards
Commissioner Gordon asked about Page 2 of 13 at the bottom. Regarding Section III,
Membership, and the qualifications, she asked Donna Baker to send what the facilitators had
given the Board. She said that it seems that the Board discussed things that are not listed
here. She thought that there was a discussion that members should not owe any taxes in
Orange County or be convicted of any felonies. She asked if anyone else remembered this.
John Roberts said that this is a draft only and it could be added. There were a number
of things that were discussed but not included because there was no consensus.
Chair Pelissier said that she feels uncomfortable going further on any of this or the
yellow sheet with only four members here.
Commissioner Jacobs asked about the appointment process for the four selected
boards.
Chair Pelissier said that she would like to have that application procedure as part of this
discussion. Commissioner Yuhasz agreed.
Donna Baker clarified that this item and the pending items need to go on another work
session of Board procedures.
Commissioner Yuhasz said that there was one appointment out there that the Board
was holding until this discussion and since they are not having this discussion now, he does
not want to keep holding the appointment.
Commissioner Jacobs agreed and said to move forward with this appointment.
Commissioner Jacobs asked if this could be put on June 21St
Chair Pelissier asked if the Board agreed to put a draft on the application process,
especially for the ABC Board, Equalization and Review, OWASA, the Board of Health, and
Planning Board.
Commissioner Yuhasz said that he would like to see each of the interested parties to
come up with a list of additional questions that would be asked in the interview process for
members of that particular board.
Chair Pelissier agreed and said that Chapel Hill has some questions that it asks to the
OWASA Board applicants.
Commissioner Gordon said that she would be in favor of the staff coming up with
questions and not the policy boards.
Chair Pelissier said that they could get questions from anyone, but in the end the Board
of County Commissioners would decide which questions to include.
Commissioner Yuhasz said that he would not want to limit the questions just to those
boards.
Commissioner Jacobs thanked the Board of County Commissioners for indulging his
additions.
Frank Clifton suggested having day session for this next work session.
Adjournment
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
adjourn the meeting at 4:40 PM.
VOTE: UNANIMOUS
Bernadette Pelissier, Chair
Donna S. Baker, CMC
Clerk to the Board