Minutes 01-23-2014 - Laserfiche WebLink

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A motion was made by Commissioner Gordon, seconded by Commissioner McKee to: 1. Approve the recommendation; 2. Authorize the Manager to sign; and 3. Authorize staff to include language in the easement document that clearly indicates there will be no greenway on this easement and language addressing a gate to be constructed. Chair Jacobs said the Board almost never lets someone come back up, but the Board is trying to address the concerns Mike Efland has articulated. He said there are some things, like the trees, that won't be addressed. Mike Efland said this has been discussed for a long time, and he should not be here. He said he has tried to negotiate twice, and this was a couple of months ago. He said he does not need the $800 and he would rather see that money put into a gate and a nice fence. Chair Jacobs said that is what the motion is attempting to do, and he apologized on behalf of the Board. VOTE: Ayes, 6 — Nays, 1 ( Commissioner Dorosin) Commissioner Dorosin said he felt the Board should have resolved the documents and the wording before taking action. 64 Durham-Chapel Hill-Carrboro Metropolitan Planning Organization Member Agencies Memorandum of Understanding Revisions The Board considered approving and authorizing the Chair to sign a final draft of an updated/revised Memorandum of Understanding (MOU) among the member agencies of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) Commissioner Price said she is concerned with the language establishing a quorum. She asked if the wording means that an official vote can take place with just one representative from Durham City and County. Bret Martin said that is correct with the way it reads. He said if the board chooses to invoke weighted voting, a quorum would consist of a majority of the voting members, whose votes together represent a majority of the possible weighted votes in the table. He said the City of Durham has 16 weighted votes, and Durham County has 4, which combines to be a majority of the 38 possible votes. Commissioner Price said she has a problem with this and the possibility of decisions being made with Orange County not at the table. Commissioner Pelissier said there has never been a case where there was not an Orange County representative there. She said there is either a voting member or an alternate who are always there. She said Chapel Hill also has a member and an alternate, so the likelihood of someone from Orange County not being there is very low. Commissioner Gordon agreed with Commissioner Pelissier, but she also agrees that this is ambiguous. She said this wording could mean that if enough members were there to constitute the majority of the weighted votes, which could be 2 people, then you could start. She said it has actually meant that there have to be 6 out of 9 people present, and those people have to represent a majority of the weighted vote. She said it should be specified that a quorum is met when: 1. a majority of the voting members are present; and 2. the weighted votes of those voting members, when added together, represent a majority of the possible weighted vote. She said, if you just use numbers, the statement would be added in to specify that there must be 6 of the voting members. Commissioner Gordon said she feels this is a serious ambiguity. She said there are other technical edits as well.