Meinhard Elected As Board Chair
Published 3:48 pm Tuesday, January 17, 2012
CUMBERLAND – The County's administrator, Judy Ownby, initially led the January Board of Supervisors meeting in Cumberland, as is customary. The meeting, however, started an hour earlier in order to provide for the election of the new Board's chair and vice chair for the year before the new Board entered into its first closed session during the meeting last week.
The Cumberland Board consists of four new members-Lloyd Banks, District Two; Kevin Ingle, District Three; David Meinhard, District Four; and Parker Wheeler, District Five.
When Ms. Ownby called for nominations for a chairman, Supervisor Banks nominated Supervisor Meinhard, District Four. In turn, Supervisor Wheeler nominated Supervisor Bill Osl, District One.
Osl's nomination drew two yea votes, his and Wheeler's; and three nays from Supervisors Banks, Ingle, and Meinhard.
Afterwards, Meinhard won the chairmanship with three yea votes from himself, Banks, and Ingle.
Once he accepted the gavel, he then led the Board through the election of a vice chair. Banks was elected with three yea votes from himself, Ingle, and Meinhard. Wheeler was also nominated but only received yea votes from himself and Osl.
“I appreciate the honor that has been provided to me and I hope I will be able to serve well in the position,” said Meinhard. “I'll do my best.”
The Board agreed to keep its current meeting schedule. The Cumberland Board of Supervisors will continue to hold its regular monthly meetings on the second Tuesday of each month at 7 p.m. with closed session beginning at 6 p.m., if needed.
When it came time to consider the Board's by-laws, Chairman Meinhard suggested, in the form of a motion, that the Supervisors delete the majority of the language found in Section 4.2.
The Board later approved the motion to delete language pertaining to the policy of the Board that both the position of chairman and vice-chairman rotate among the supervisors in order of election district number assignment.
Subsequently, the time came to consider the Code of Ethics and Standards of Conduct.
Supervisor Kevin Ingle, read the beginning paragraph of Cumberland's code and asked the County Attorney to clarify the definition of the word “should.”
The paragraph in question reads, “Recognizing that persons who hold public office have been given a public trust and that the stewardship of such office demands the highest levels of ethical and moral conduct, any person serving on the Cumberland County Board of Supervisors should adhere to the following Code of Ethics.”
Ingle asked, “Is this something that is just insinuated of the following Code of Ethics that it should be followed-just a clarification that's all I'm asking for.”
Meinhard later asked if Ingle would consider recommending that the Board change the word 'should' to 'shall' in the language introducing the Code of Ethics and Standards of Conduct.
Cumberland's County Attorney Howard Estes stated the difference between the two words.
He said, “Should is 'using your best efforts' and shall 'is a mandate.'”
“Shall doesn't provide wiggle room…and not just use your best efforts,” he continued.
When it came time for a vote, the motion to change the language from 'should' to 'shall' carried unanimously.
While taking care of ordinary organizational items, Supervisor Banks then asked the Chairman a question concerning the public having “a voice” during each meeting.
After a series of convoluted motions, it was finally determined that the best decision would be to take a vote and also keep the discussion open for future meetings.
There is a public address period outlined on every regular monthly meeting agenda of the Board of Supervisors-the order of the agenda is also outlined in the by-laws. The public comment period follows any public hearings scheduled and if there are none it follows the approval of the agenda.
“What opportunity does the public have to comment on these issues as we are considering these and voting on-does the public have the opportunity to make comments as you and I make a comment?” asked Banks.
Supervisor Wheeler spoke up and noted, “The public has the ability to make their comments during the public comment section. If we afford them the ability to be interrupted with suggestions and comments, they very well may be good suggestions and comments…our meetings could go on and on and on. Whereas if it was saved for the public comments section, they would have the ability to get up and speak in their entirety.”
After Wheeler's suggestion, Banks made a motion reflecting that the public be made able to make comments concerning the actions that is up for approval during each meeting.
“Some of the actions that you want me to take a vote on this evening I wasn't even fully aware we were going to be discussing,” said Banks. “I'm not willing to vote on an issue that I'm not receiving feedback on.”
He then immediately amended his original motion and added, “That at each meeting of this Board of Supervisors that if a motion is made, the public is given the opportunity to make comments before you ask me to vote.”
Wheeler then, again, reminded Banks about the public comment section and the public hearing process, which allows for public input from citizens.
Banks, again, added another change to his motion. “I'd like to amend my motion that we have up to ten minutes that we offer the community to comment on issues that you ask me to vote on.”
Later, Chairman Meinhard agreed that the community should “have a greater opportunity” to speak before the Board.
“They have less idea and knowledge on what we are considering…than what we do,” he said while referring to the Board's packets. “They get here and get a copy of the agenda that is in the back of the boardroom. Without the packet, they still can't tell what is going on before the Board.”
He also suggested that the Board revisit this issue “at a later meeting.”
The Board's meeting agenda is made available online on the County's website a week before each meeting and is also published in The Herald prior to each monthly meeting.
Ms. Ownby also noted that when a citizen makes a request about a certain agenda item that information is made available to them prior to the Board's meeting.
“Mr. Chairman, I made a motion and I'd like to have a vote on it tonight before we leave,” suggested Banks.
His motion failed on a two to one count. Supervisors Wheeler and Osl voted against the additional public comment motion made by Banks. Supervisor Banks voted yea and Chairman Meinhard and Supervisor Ingle abstained.
“I am hoping we will see an opportunity to revisit this in the future,” added Meinhard, “to make our entire Board open to the public.”
Supervisor Osl added that the only items that are not included or made public are those items added by Supervisors “up until the night of the meeting.”
“Those would be the things that the people wouldn't…have access to,” he offered.
Banks said, “You've in essence silenced this whole audience to comment on issues that you are asking me to vote on. Some of the issues that you are asking me to vote on I didn't know I was going to need to vote on tonight and so you're going to ask me to vote on an issue without finding out…how they stand on the issue. I'm not here to represent Lloyd Banks. I'm here to represent the public.”
According to the comments made my Banks, he said he only received the final agenda for the night's meeting on the day of the meeting.
“Why is that?” asked Osl. “Because Board members were constantly making revisions to the agenda. One of the ways to fix that is to say we are going to have an agenda as of a period of time and unless it is an emergency item it's not going to change and then the public has the information and you have the information because it went out last Wednesday-that is preliminary-but Board members kept coming back in with desires to change the agenda so you don't get a final one until everyone is done.”
The recommendation of committee appointments didn't go as usual either during Cumberland's first meeting.
The new Chairman outlined the committee appointments.
He brought with him to the meeting and handed out a prepared spreadsheet that included a list of Board representative appointments to each of the needed vacancies on various boards, commissions, and committees.
“Rather than submit the public and members of the Board and other County officers to the long drawn out process of nominating and electing each Board member to these assignments. I'd like to move that we adopt the attached list of or slate of assignments to these Committees,” offered Meinhard as he handed out his information to the rest of the Board. “I think we can speed things up a great deal by electing this slate of assignments and we can also make it all available to the public…”
Although Meinhard didn't hand the County Attorney a copy of the spreadsheet he did ask for advice; “There is nothing illegal or wrong with us doing this as slate of assignments is it?”
After looking over the listing, Supervisor Wheeler suggested that the Board adopt and operate under these proposed appointments temporarily until its next meeting when it can be reviewed further.
That motion passed unanimously.
The new Board also worked through its goals and priorities for the 2012 year.
Additions to the list for the year include the County's work to update the Comprehensive Plan and work to continue to secure grants to improve and expand needed infrastructure in Cumberland.
One item deleted off the ongoing list is the completion of a plan for the Community Center.
According to Supervisor Osl, this function has now been turned over to the County's Industrial Development Authority (IDA).
Before adopting the yearly list of goals and priorities for the year, Meinhard suggested one additional item for the list.
He said, “We would seek to accomplish these goals and priorities without increasing the tax burden on our citizens or the County's indebtedness.”
