Minutes 01-21-2016 - Laserfiche WebLink

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16 Commissioner Pelissier asked if a member of Carrboro's panel could be available to serve creating a greater pool of urban representation. Annette Moore said it may not be wise to tell Carrboro from where they must pick a person to serve. She said Carrboro wants to remain separate at this time, with the potential for working together in the future. Commissioner Pelissier said she would only propose adding in the last sentence of her memo: "in the event that the representative of the Town in question is not available to serve within the required period of time, a representative of one of the other towns will be selected." Commissioner Dorosin asked if the intent is for the BOCC to adopt both the ordinance and the panel policy this evening. Annette Moore said yes. Commissioner Dorosin referred to page 88 and suggested upping the numbers of the pool. He said 12 members are currently listed, with the townships each appointing one member, and three at-large members. He suggested that the townships each appoint three people, and have six-at-large representatives. Commissioner Dorosin said he is less persuaded about having an attorney attend an appeals process, if the attorney cannot participate. He said as an attorney represents the panel, thus the resident who is appealing should also be allowed representation. He would be willing to open this up, and if it is determined that doing so undermines the process then the decision can be revisited. John Roberts said the panel is advised on procedure, but counsel does not represent the department. Commissioner Dorosin said if there is a Board of Adjustment (BOA) or a quasi-judicial hearing, the applicant requesting a decision to be made is represented by an attorney, as is the County. He said this example seems to be more analogous to tonight's discussion. John Roberts said in a BOA hearing, the BOA has an attorney present to advise on procedure. He said the Planning Department and the applicant may elect to hire an attorney to pursue their interests. John Roberts said the appeal hearings, under review this evening, are just administrative and not quasi-judicial. Chair McKee said since Commissioner Jacobs could not attend, he submitted the following questions: 7a. Page 2, Appeals • b) To be clear about the 5 days to appear and the 10 days to schedule a hearing, can we make those business days? • d) Can we please see the oath folks are asked to take, and does this have any real legal value? • i) Very inexact language, suggesting multiple counties might be involved, and leaves out Mebane. I suggest : "At least one member of the panel shall be either from the town where the owner resides, or from the non-municipal portion of Orange County, as appropriate." Annette Moore said if the language was changed to say business days, a new section would have to be created in the ordinance for dangerous dog appeals versus the County's appeals. Chair McKee asked if changing the wording would have an adverse effect on the County. Annette Moore said the wording could not be changed for dangerous dog appeals as the general statute sets that timetable.