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Town Council Work Session Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Jennifer Robinson, Julie Robison and Nels Roseland Mayor McAlister called the meeting to order at 11:35 a.m. Mayor McAlister thanked council members for their work in narrowing the 37 candidates down to five. Prior to this meeting Mayor McAlister spoke with each council member about procedures for filling the vacancy. He also spent time with Town Clerk Sue Rowland researching procedural guidelines. Mayor McAlister stated that Roberts Rules, although not adopted by council, suggests that council provide nominations for the five candidates, followed by a second, then closing the nominations, and council voting on the nominee. An alternative would be to alphabetically list the candidates and each council member would get one vote for their top candidate on that list. If one candidate received a clear majority that would end the process and the position would be filled; if a majority is not reached then they would take the two top nominees and each council member would vote for one. Mrs. Robison suggested identifying votes of support for each candidate to work toward a majority support which would identify the top two candidates. She said that she could support multiple people but the more open way is to demonstrate where support can congeal. She would support nominations if that is what the majority of council members wanted, but not with the intent that she can only support one person. Mrs. Robinson said that she can show broad support for all five candidates but purpose is to narrow the field. She likes the idea of each council member voting for one candidate to help narrow the list. Mayor Pro Tem Smith agreed with each council member recommending one person as a starting point. Ms. Dorrel said it is important that the process used is clear to everyone-the ground rules and expectations. She said that once the council decided by default at the last work session to not work toward consensus they lost her in the process. She said it becomes a political decision, they are a political body, and they can make that decision; the quicker and more efficient way would be better. Ms. Dorrel said the alternative choice where everyone casts one vote gets them to the end sooner. She said Mrs. Robison's recommendation would be good for a group that chose to work for consensus but they've already stated that won't be done. She said it is more revealing and transparent but she's not sure it takes them where they are trying to go. Mr. Roseland said that all of the candidates are qualified and he stressed the importance of those not chosen to understand that council's intent is not to slight anyone; it is a personal decision and a political process. Mayor McAlister stated that the decision is to go through the list alphabetically and each council member has one vote to put next to one name. He said there needs to be agreement that if there are two leading contenders after the initial vote that they would narrow the field to those two. He said if there is one majority candidate then the process is complete. Dick Domann received votes from Mayor McAlister, Mayor Pro Tem Smith and Mrs. Robinson; Vicki Maxwell received one vote from Mrs. Robison; and Erv Portman received votes from Ms. Dorrel and Mr. Roseland. Mayor McAlister suggested that since there was no majority council continue with the two leading candidates, Mr. Portman and Mr. Domann, as finalists. Council members agreed. Council members then voted on the two finalists. Mr. Domann received votes from Mayor McAlister, Mayor Pro Tem Smith and Mrs. Robinson; Mr. Portman received votes from Ms. Dorrel, Mrs. Robison and Mr. Roseland. As a result of a tie vote, Mayor McAlister stated that council can discuss each candidate to try to gain majority support for one of the candidates or they can recognize that they have a split council and operate as a six person council until the voters make their decision in 2007 election. Council members agreed to discuss the candidates. Mr. Roseland stated that if a decision is not made today council has the opportunity to come to an agreement at a future date. Mayor McAlister said that barring something changing or another round of interviews they are deadlocked. Ms. Dorrel said that there is a difference between declaring a tie and a deadlock, with the difference being whether they want to discuss and work toward a change in the distribution of the votes. She said if everyone has made up their minds then they can declare a deadlock; if they do that then they have failed the citizens who are owed a decision. She said it would be helpful for council to talk about the valuable qualities in the person they support the most. Mrs. Robinson said she is comfortable with both candidates brought forth and each would make a great contribution, although it would be different; they would be very fair and open minded, do their homework, and get along with others. She is open to discussing the candidates and the merits to see if one is better suited to the position, and she hopes council will have general consensus in selecting the person. Mr. Roseland said that in electing Mr. Joyce the voters chose someone who was fiscally conservative, property rights oriented, and business oriented. He said that in respecting the voters' choice, Mr. Portman is the most conservative and most property rights oriented. Although both candidates are conservative with fiscal management issues Mr. Portman is more like Mr. Joyce in his conservative values. Mrs. Robinson stated that they are both fiscally conservative. She sees similarities in both candidates with respect towards Mr. Joyce's philosophies. Mrs. Robison said that she made similar observations. However, with Mr. Portman's service on the Planning and Zoning Board he has extensive experience working on a majority of the issues covered by the council. She said that Mr. Portman has a history that has impacted the cases which still come before council and he brings an in-depth understanding that cannot be replaced by any other candidate. Mayor Pro Tem Smith said that both candidates bring a different approach and contributions. He said in interviews Mr. Domann brought out his appreciation of the complexity of federal, state and local laws and their importance to Cary as a growing community. His contribution would be a new perspective and would bring out his experience base and work history. Mayor Pro Tem Smith said that both candidates have an appreciation of balance, gave the message of maintaining the tax rate, establishing priorities, and dealing with needs first. He said the question is how much value is put on past history versus new history. Mayor McAlister said that they are trying to fill this position with someone who can best carry out the requirements, while trying to be somewhat true to the philosophy and direction of the person the voters selected. Although Mr. Domann has not served in a position with the Town and will have a steep learning curve, a number of council members came into their positions without Town knowledge and prior experience. Mayor McAlister said that Mr. Domann's life experience, history, resume of dealing with different government entities, and the perspective that he would bring from outside would be valid. Ms. Dorrel said that a certain amount of preparation and seasoning occur for candidates during the campaign process and council members who did not have direct experience received seasoning on the campaign trail. She said the council can't go wrong in choosing either candidate it's only a matter of how much better they can do with their decision. The direct experience ways heavily and gives one the edge given the job, the need to hit the ground running, and knowing how much there is to learn. Ms. Dorrel said that past experience is a good prediction of future behavior and Mr. Portman has a track record, including a voting record that can be examined, with the Planning and Zoning Board. She said of all of the boards that one acts most like the council on the issues that they address. Mrs. Robinson said that Mr. Domann is familiar with west Cary which is a strong asset and has value in addition to his experience. When it comes to making tough zoning and planning decisions living in that proximity makes it easier. Mr. Roseland said that there are also decisions to be made in eastern Cary where Mr. Portman lives. Mayor Pro Tem Smith added that both candidates represent hot spots. Mrs. Robison said that schools are an issue of great concern to the community and Mr. Portman has experience as chair of the Mayors Task Force on School Assignment and as Cary's representative on the Wake County Healthy Schools Task Force. She said although council doesn't have a direct decision-making role with the schools their role is important and they should recognize the work done by Mr. Portman in that regard. Ms. Dorrel added that it shows demonstrated leadership in working with people through a controversial issue. Mr. Roseland said that Mr. Portman's ability to be accepted by and involved with both school groups is important. He stated that the additional experience with those groups provides Mr. Portman with an edge because he can hit the ground running and have a less extensive learning curve. Mrs. Robinson said all things being equal in the end there is going to be some criticism in replacing Michael Joyce who is a republican with a registered democrat. Ms. Dorrel stated that the vacancy is a nonpartisan position and political parties should not be guiding council's decision. Mrs. Robison said that if council members can't make a nonpartisan decision then it bodes to a voter election. Mayor McAlister asked if the Town charter precludes council from holding an election. Town Attorney Christine Simpson responded yes. Mayor McAlister said that with a tie or deadlock filling the position would be deferred until the 2007 elections. He suggested that council members conduct more intensive interviews with the two candidates based on the points raised throughout the work session, which would allow them to come back together and make a decision after they've had time to review just the two finalists. Mr. Roseland said he would hope that at a minimum they would leave the door open because waiting until the 2007 elections is an abject failure of leadership on their part. Mayor Pro Tem Smith said that council's inability to come to an agreement falls more under a fact of life rather than an abject failure, and it is a disappointment because with some of the upcoming votes council will have some ties versus a final decision. Mayor McAlister stated his belief that council members will have an open mind and consider all of the variables in making their decision. He said if council agrees to continue working toward a majority or consensus candidate they can reconvene at a later date for another work session. He suggested adjourning the meeting and spending more intensive time with the two finalists. Mayor McAlister adjourned the meeting at 12:37 p.m.
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