BC 2004 12 06 ORGANIZATIONAL - Laserfiche WebLink

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Organizational Meeting - December 6, 2004 Page 6 other land use issues in the county. Further, he stated he recognized only parts of the MOU that had been distributed and expressed concern regarding the two-minute time limit for discussion about the document. Marilyn Porter, County Attorney, stated changes had been made to the document this afternoon. She requested for the record that the Board go into Closed Session in order for her and the trial attorney Martin Reidinger to explain those changes. There was discussion as to who had drafted the MOU, whether the County's attorneys had been involved in the process and when the document was sent to Board members. Commissioner Privette stated it was his understanding a group, which included Mr. Day, Commissioner Carpenter, Commissioner Carruth and then Commissioner-elect Juba along with the City Manager of Concord and other City off icials, had met and drafted the document. He also contended that Mr. Day had been instructed not to inform the other Board members about the matter. Ms. Porter stated the County's attorneys did not draft the document. She outlined the involvement by herself and Mr. Reidinger in the MOU process, specifically receiving the document on Friday (December 3), reviewing the document for possible implications to pending litigation, forwarding suggested changes to Mr. Day and the Board on Saturday and proposing addi tional changes earlier today after continuation of the hearing on the City and County litigation. Further, Ms. Porter stated for the record that the document currently before the Board was not the draft that she and Mr. Reidinger had approved. She again asked the Board to go into Closed Session. Commissioner Privette made a substitute motion, Commissioner Freeman, to postpone the matter indefinitely. seconded by Chairman Carpenter granted Commissioner discussion of the substitute motion. Privette two minutes for Commissioner Privette commented on the preparation of the MOU, stating the County Attorney and a majority of the Board had been left out of this process. Further, he criticized Mr. Day for not seeking legal advice from the County Attorney on the document and for not involving all Board members in the process. He asked the Board to give the County Attorney an opportunity to explain the implications of this document. There was brief discussion regarding changes that had been made to the document and the MOU currently before the Board. Chairman Carpenter called for a vote on Commissioner Privette. The substitute motion Freeman and Privette voting for and Commissioner Vice Chairman Carruth voting against. the substitute motion by failed with Commissioners Juba, Chairman Carpenter and Commissioner Carpenter recognized Commissioner Freeman for comments. commissioner Freeman reported he had sought legal advice regarding the MOU from Ms. Porter on Friday (December 3). He said Ms. Porter should be given the opportunity to review and explain the pros and cons of the document before it was voted on by the Board. Also, he commented briefly on the authority of municipalities outside their jurisdiction. Chairman Carpenter recognized Commissioner Juba for comments. Commissioner Juba stated she had met with other individuals to discuss the MOU prior to being sworn in as a County commissioner. She commented on the process of working with other entities and the importance of "agreeing to agree" on points in order to get things done. Commissioner Juba stated the MOU was the first step in efforts to resolve serious issues in the county. Chairman Carpenter explained that, if the MOU is adopted, a public hearing would be held on December 20 regarding the proposed moratorium on residential subdivisions. Ms. Porter stated for the record that a "critical" change proposed by herself and Mr. Reidinger to Paragraph 9 of the MOU was not in the draft currently being considered by the Board. She said the "critical" change established a deadline of December 8th for adoption of the MOU's by the municipalities.