Agenda - 12-02-2013 - 6a - Laserfiche WebLink

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4 1 these allegations are true. He said he is reluctant to have the Board admit to something the 2 attorney says is false. 3 He noted that the attorney does list three solutions: 1) to proceed quickly with the 4 investigations; 2) To dismiss the complaint; and 3) to encourage the complainants to withdraw 5 the petition to allow local government to move forward. 6 He said the third item would solve the problem. 7 Michael Talbert stated that the bottom of the second page has wording from the attorney 8 that advises the Board of County Commissioners to suspend consideration of the extension of 9 sewer lines for as long as the EPA investigation remains open. 10 Chair Jacobs said he and Commissioner Dorosin have had discussions about this and 11 the Board did not support Commissioner Dorosin's last motion largely because the attorney 12 advised against it. He said this was not a matter of agreeing or disagreeing, but it was a choice 13 not to take a position. 14 He feels there has already been a process of conciliation, and conclusions have been 15 reached. He said he would like to talk to the attorney about whether the Board could agree in 16 principle with the findings of the report without agreeing to anything specific. He feels the 17 Board does agree in principle, and the County is supportive; however the issue is crossing the 18 EPA chasm. 19 He said the Board can continue to talk, however he feels more information is needed 20 from the attorneys. 21 Alderman Slade said he was glad the staff attorney was here to provide clarification. He 22 said his understanding was that the attorney was not advising the board not to discuss the plan. 23 He said he does not believe that coming to an alternative plan and presenting it to the EPA 24 would admit guilt if the plan was something the County was going to do anyway. He said he 25 would like to know from the attorney to what degree the County can express its possible 26 position. 27 James Bryan said he would advise the Board not to take any position at this time. He 28 said discussion is fine, however any vote would be considered action. 29 Alderman Seils said he was confused. He said the Aldermen were told that there should 30 be no binding action taken; however local governments should move forward to reach an 31 agreement on the plan to extend sewer lines and should commit to the execution of this plan, 32 subject to assurances of resolution with the EPA. He said this does not square with the line in 33 the letter being referenced and the comments from the attorney today. 34 He said he appreciates Commissioner McKee's comments regarding the position with the 35 EPA; however he feels that the task force positions have not been made in a direct response to 36 the EPA. He said these positions have been formed to address the needs of the community. 37 Commissioner Price said she respects the attorney's advice; however she does not think 38 any of the work of the task force is in response to the investigation. She is puzzled at why the 39 Board needs to stop in their tracks. She said the longer the wait, the longer these people are 40 without sewer. 41 Commissioner Price said she has been involved in a situation like this before, and it was 42 resolved in good faith. She said her main concern is that the community members will sit and 43 wait for an indefinite amount of time. 44 Commissioner Dorosin said he believes that it is appropriate to let the EPA know that the 45 Board feels the allegations are baseless; however, in the interest of providing sewer to the 46 community, the Board is also prepared to move forward with "A, B, and C." He questioned 47 whether this might resolve the complaint. 48 Commissioner Dorosin agreed with Chair Jacobs that the Board should work toward an 49 agreement in principle. He feels the Board needs to discuss which of the two possible options 50 it supports if the EPA issue is resolved, as well as if connections are to be made to the homes.