Agenda - 04-01-2014 - 6a - Laserfiche WebLink

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8 1 Chair Jacobs said the Board almost never lets someone come back up, but the Board is 2 trying to address the concerns Mike Efland has articulated. He said there are some things, like 3 the trees, that won't be addressed. 4 Mike Efland said this has been discussed for a long time, and he should not be here. 5 He said he has tried to negotiate twice, and this was a couple of months ago. He said he does 6 not need the $800 and he would rather see that money put into a gate and a nice fence. 7 Chair Jacobs said that is what the motion is attempting to do, and he apologized on 8 behalf of the Board. 9 10 VOTE: Ayes, 6 — Nays, 1 ( Commissioner Dorosin) 11 Commissioner Dorosin said he felt the Board should have resolved the documents and 12 the wording before taking action. 13 14 6-i Durham-Chapel Hill-Carrboro Metropolitan Planning Organization Member 15 Agencies Memorandum of Understanding Revisions 16 The Board considered approving and authorizing the Chair to sign a final draft of an 17 updated/revised Memorandum of Understanding (MOU) among the member agencies of the 18 Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) 19 Commissioner Price said she is concerned with the language establishing a quorum. 20 She asked if the wording means that an official vote can take place with just one representative 21 from Durham City and County. 22 Bret Martin said that is correct with the way it reads. He said if the board chooses to 23 invoke weighted voting, a quorum would consist of a majority of the voting members, whose 24 votes together represent a majority of the possible weighted votes in the table. He said the City 25 of Durham has 16 weighted votes, and Durham County has 4, which combines to be a majority 26 of the 38 possible votes. 27 Commissioner Price said she has a problem with this and the possibility of decisions 28 being made with Orange County not at the table. 29 Commissioner Pelissier said there has never been a case where there was not an 30 Orange County representative there. She said there is either a voting member or an alternate 31 who are always there. She said Chapel Hill also has a member and an alternate, so the 32 likelihood of someone from Orange County not being there is very low. 33 Commissioner Gordon agreed with Commissioner Pelissier, but she also agrees that 34 this is ambiguous. She said this wording could mean that if enough members were there to 35 constitute the majority of the weighted votes, which could be 2 people, then you could start. 36 She said it has actually meant that there have to be 6 out of 9 people present, and those people 37 have to represent a majority of the weighted vote. She said it should be specified that a 38 quorum is met when: 1. a majority of the voting members are present; and 2. the weighted 39 votes of those voting members, when added together, represent a majority of the possible 40 weighted vote. 41 She said, if you just use numbers, the statement would be added in to specify that there 42 must be 6 of the voting members. 43 Commissioner Gordon said she feels this is a serious ambiguity. She said there are 44 other technical edits as well. 45 Bret Martin said he would agree that the language is not clear. He said the way he 46 reads it is that, "a quorum of the MPO Board shall consist of a majority of the voting members 47 whose votes together represent a majority of the possible weighted votes identified in the 48 weighted vote schedule below." He said the sentence is being modified in such a way that what 49 really matters is the weighted votes; but it is true that if only Durham and Durham County are 50 there, a quorum would exist.