Agenda - 05-01-2018 8-a - Minutes

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15 A motion was made by Commissioner McKee to retain outside counsel to represent the 1 Board of Adjustment in all matters coming before it. 2 3 Dies for lack of a second 4 5 Commissioner Rich referred to the process in Chapel Hill, and asked if it is known who 6 determined when outside counsel is needed. 7 John Roberts said the Town Attorney decides if he has a conflict of interest, and outside 8 counsel is hired. 9 Commissioner Rich said that process is not consistent with what Commissioner Jacobs 10 is asking for, as he said the BOA should request an outside attorney, rather than the County 11 Attorney determining the need for outside counsel. 12 Commissioner Jacobs said he could make it cover both. 13 Commissioner Rich said covering both would mean that there would be outside counsel 14 at every meeting. 15 Commissioner Marcoplos said both the County Attorney and the BOA should be able to 16 weigh in for outside guidance, but he does not think outside counsel is needed all cases. 17 Chair Dorosin asked if it would be worthwhile to get more information: does Chapel Hill 18 have a written policy that is uses, and an estimate of cost. 19 Commissioner Jacobs said he is always willing to defer for more information, but it may 20 be difficult to get an estimate of the costs. 21 Bonnie Hammersley recommended getting more information, because this would be 22 setting precedence for an advisory board to make fiscal decisions with County money. 23 Commissioner Rich agreed with the Manager, and feels a policy is needed. 24 Commissioner McKee asked Bonnie Hammersley if there are any other 25 boards/committees/task forces in the County that look at quasi-judicial issues. 26 John Roberts said the Board of Equalization and Review and the Animal Services 27 Hearing Pool hear these matters. He said the Animal Services Hearing Pool does not have 28 outside counsel present, but appeals go directly to Superior Court. 29 Bonnie Hammersley said the question of an attorney arose when allowing the appellant 30 to have an attorney present, which was a new change to the ordinance. 31 Commissioner Jacobs said Chapel Hill does not authorize its BOA to do anything, but 32 rather the attorney is authorized. He said the BOCC would be doing something different, and 33 the BOCC could add in that the Chair of the BOA would have to report quarterly to the Chair of 34 the Board of County Commissioners about the usage of outside counsel. He said this could 35 provide oversight of any potential abuse, while allowing the County to respond to a public 36 irritation with the system. 37 Chair Dorosin said he does not philosophically disagree, but he is proposing to gather 38 more information prior to the summer break, and then resolve this. 39 Bonnie Hammersley said she would like to look at some historical analysis of BOA 40 meetings to determine length of meetings, and some ballpark costs. She said the Attorney’s 41 and the Manager’s offices do not have extra funding for this, and she would like more time to 42 review this information. 43 Commissioner Price said she thinks the County Attorney’s office should determine if it 44 needs to recuse itself and hire outside counsel. She said if it is the will of the BOCC to allow 45 the BOA to make the determination, she would like more information. 46 Commissioner Jacobs said at some point it is important to involve the Chair of the BOA 47 in this process, as the BOA may deem this offer unnecessary, or have other input. 48 Bonnie Hammersley said she would gather input from the BOA Chair. 49