Minutes 10-17-2013 - Laserfiche WebLink

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rules to attempt mediation. He said that this mediation can happen prior to the EPA finding, and this will help lift the dark cloud that has been cast over the progress already made. Commissioner McKee referred to the county attorney's letter and referenced the very last line of the second paragraph regarding the EPA allegation. He said the attorney stated that the allegation is "baseless." He noted that the County attorney is quite strong on denying this allegation. He is concerned that by negotiating the County will be effectively agreeing that these allegations are true. He said he is reluctant to have the Board admit to something the attorney says is false. He noted that the attorney does list three solutions: 1) to proceed quickly with the investigations; 2) To dismiss the complaint; and 3) to encourage the complainants to withdraw the petition to allow local government to move forward. He said the third item would solve the problem. Michael Talbert stated that the bottom of the second page has wording from the attorney that advises the Board of County Commissioners to suspend consideration of the extension of sewer lines for as long as the EPA investigation remains open. Chair Jacobs said he and Commissioner Dorosin have had discussions about this and the Board did not support Commissioner Dorosin's last motion largely because the attorney advised against it. He said this was not a matter of agreeing or disagreeing, but it was a choice not to take a position. He feels there has already been a process of conciliation, and conclusions have been reached. He said he would like to talk to the attorney about whether the Board could agree in principle with the findings of the report without agreeing to anything specific. He feels the Board does agree in principle, and the County is supportive; however the issue is crossing the EPA chasm. He said the Board can continue to talk, however he feels more information is needed from the attorneys. Alderman Slade said he was glad the staff attorney was here to provide clarification. He said his understanding was that the attorney was not advising the board not to discuss the plan. He said he does not believe that coming to an alternative plan and presenting it to the EPA would admit guilt if the plan was something the County was going to do anyway. He said he would like to know from the attorney to what degree the County can express its possible position. James Bryan said he would advise the Board not to take any position at this time. He said discussion is fine, however any vote would be considered action. Alderman Seils said he was confused. He said the Aldermen were told that there should be no binding action taken; however local governments should move forward to reach an agreement on the plan to extend sewer lines and should commit to the execution of this plan, subject to assurances of resolution with the EPA. He said this does not square with the line in the letter being referenced and the comments from the attorney today. He said he appreciates Commissioner McKee's comments regarding the position with the EPA; however he feels that the task force positions have not been made in a direct response to the EPA. He said these positions have been formed to address the needs of the community. Commissioner Price said she respects the attorney's advice; however she does not think any of the work of the task force is in response to the investigation. She is puzzled at why the Board needs to stop in their tracks. She said the longer the wait, the longer these people are without sewer. Commissioner Price said she has been involved in a situation like this before, and it was resolved in good faith. She said her main concern is that the community members will sit and wait for an indefinite amount of time.