Minutes 05-14-2024 - Budget Public Hearing and Work Session

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18 Chair Bedford explained her concerns regarding the recommendation of Adam Beeman. She said that Adam Bronson's term on the Planning Board expires in about 10 months. She said that Elizabeth Bronson also serves on the Board of Adjustment and the Planning Board, and her term expires in March 2025. She said that two recent projects went on Lawrence Road went to the Planning Board and Board of Adjustment. She said the first went to the Planning Board and then to the Board of Commissioners. She said the second went to the Board of Adjustment. She said that members of the community felt that it was a conflict of interest to have two members of the Planning Board on the Board of Adjustment. She said that the County Attorney said that no decision made by the Planning Board or to the Board of Commissioners would be appealed to the Board of Adjustment. She said that it is not in fact a conflict of interest. John Roberts said that the second Lawrence Road project was a special use permit. He said that Board of Adjustment members are expected to be impartial when considering permit applications. He said that they cannot know what is in someone's mind, but it is certainly conceivable that someone who voted in support of the first planning and zoning request for school and athletic fields would be equally supportive of something that was just athletic fields. Chair Bedford said it could be useful for someone with experience on the Planning Board to serve on the Board of Adjustment because they know about the UDO and the different planning rules. She suggested Andrew Meyers for the remaining position. Commissioner McKee said there is a difference between having an appearance of a conflict of interest and an actual legally defined conflict of interest. He said he does not have a problem with appointing Adam Beeman. Commissioner Hamilton said she has deeper concerns about how the Board of Commissioners makes decisions on the Board of Adjustment. She said it is a quasi-judicial board which is unique compared to the other boards they are making decisions about. She said she would like to do know how they are functioning on the board. She asked if there is a way to have a different process for making decisions for the Board of Adjustment or others like it. Vice-Chair Greene said they do not have to decide if there is a conflict but are in the position of appointing someone. She said she understands the difference between a legal conflict and a perceived conflict, and that the public does have a perception of a conflict. She said she does not think they should appoint a current member of the Planning Board to the Board of Adjustment. Commissioner Fowler agreed with Vice-Chair Greene. Commissioner Portie-Ascott said it is good to give others an opportunity to serve. Chair Bedford said one option is to ask Tara May to advertise for more applications. The Board agreed to re-advertise the vacant position. Tara May said the advertisement would be made over the summer. Commissioner Fowler said that for the other person serving on both boards that they would let her finish her term and then not renew. Chair Bedford said yes, and that the individual would need to pick which one she would like to serve on. 9. Orange Water and Sewer Authority Board of Directors —Appointments Discussion The Board discussed appointments to the Orange Water and Sewer Authority Board of Directors. BACKGROUND: The OWASA Board of Directors adopts OWASA's annual budget, approves bond issues to fund capital projects, makes policy decisions, and sets rates, fees, and charges based on cost-of-service principles. The Board also appoints an Executive Director, independent Auditor, and General Counsel. The Board of County Commissioners appoints two (2) members.