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Commissioner Davis apologized for bringing the issue up under Commissioner <br />matters, but he wanted to leave the pending ordinance in place. <br />Attorney Ernie Cox <br /> stated despite the desired end result at the meeting on October <br />th, <br />4 legal rights have been affected. An ordinance has been adopted incorrectly. He advised the <br />Board that he was prepared today to buy concurrency. He was committed regardless of what legal <br />steps he has to take, and they will work with the Board while they pursue other means. <br /> <br />ON MOTION by Commissioner Wheeler, SECONDED by <br />Commissioner Bowden, the Board unanimously authorized <br />Attorney Collins to hire a Land Use Attorney to work with <br />him and his legal staff until they find a solution. <br /> <br />Discussion continued regarding whether the action taken by the Board on October 4, <br />2005 was legal. Attorney Collins stated they properly adopted a pending ordinance under case law <br />and explained that Attorney Barkett was referring to the steps under the County’s land ordinance. <br />(Clerk’s Note: The Chairman called a recess at 2:42 p.m. and he reconvened the <br />meeting at 2:50 p.m. with all members present.) <br /> <br />Commissioner Wheeler felt the Board is in a bind and they are lessening their <br />position if they take an exception today. <br />Commissioner Davis felt it was not the pending ordinance that has them in a bind <br />but the traffic and concurrency issues. <br /> <br />ON MOTION by Commissioner Wheeler, SECONDED by <br />Commissioner Bowden, by a 4-1 vote, Commissioner <br />Neuberger opposed, the Board approved to deny Mr. <br />Brackett’s appeal. <br /> <br />December 13, 2005 32 <br /> <br />