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County board's bid to reappoint ZBA chair Dave Randolph fails in 9-9 tie amid wind-farm tensions
Summary
Chairman Carley's motion to appoint Dave Randolph as chair of the Zoning Board of Appeals (ZBA) tied 9-9 and failed. The vote followed statements about outreach efforts to dissuade board members and an email from Panther Grove hearing facilitator Scott Haines clarifying he had not refused to return.
Chairman Carley moved on April 17 to appoint Dave Randolph as chair of the Livingston County Zoning Board of Appeals and asked the county board to approve the appointment. Carley said he submitted a memorandum supporting Randolph, who he said "has been a regular in attendance of meetings" and has made decisions "based on evidence presented at the hearings and without prejudiced or conceived notions." Carley said four of five ZBA members recommended Randolph's continued service and that staff and legal counsel had a positive relationship with him.
Carley said he had been alerted to an effort to dissuade some board members from supporting Randolph's appointment. He read at length an email from Scott Haines, the hearing facilitator for the Panther Grove public hearing, in which Haines wrote that he did not intend to refuse future work in Livingston County and that a reported statement to the contrary was not his intent. "As for a statement I made concerning the fact that I won't return as hearing facilitator to future Livingston County's EBA public hearings, I do not believe I made that statement," the email reads in part.
Board members discussed whether a hearing facilitator is mandatory. A county official noted that the county ordinance permits a facilitator but that use of a facilitator is at the board's discretion.
After discussion, the board voted by roll call on the appointment. The roll call produced nine yes votes and nine no votes, resulting in a tie; under the county's rules and Robert's Rules as interpreted by legal counsel, the tie caused the motion to fail. The board was advised to seek the county state's attorney for guidance about next steps, particularly given an open vacancy on the ZBA and a recusal by a board member in the ongoing Panther Grove 2 application.
Public comment at the meeting included multiple speakers concerned about the Panther Grove wind project, decommissioning assurances and taxpayer exposure; one commenter asked the board to seek stronger, non-"estimated" financial assurances so taxpayers would not bear removal costs if a developer defaulted.
The failed appointment leaves a vacancy on the ZBA and raises immediate procedural questions for upcoming wind-farm hearings. Several board members asked for legal guidance before the board acts again on the appointment or related zoning procedures.
Speakers and primary attributions for this article are Chairman Carley (read statement/motion), Scott Haines (email author and hearing facilitator), and multiple county board members recorded in the roll call.
