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4 <br />Following closure of the public hearing at 9:45 P.M. Councilman Kubby requested <br />` Council concurrence that he be allowed to read into the record as pertinent to the <br />discussion at hand, a confidential communication from Attorney J. Lynch (Town Coun- <br />sel in the S.A.D. d9 litigation). City Attorney Faisant questioned the desirability <br />of disemminating this confidential letter and requested that the record show he <br />strongly urged that the Council refrain from voting to read this communication. <br />Motion by Councilman Davey, seconded by Kubby to read the letter failed. <br />Councilman Kubby stated it was his considered opinion that the Town's Sewer Policy <br />as expressed in Resolution No. 458 as amended, was illegal and void and proceeded <br />to cite numerous legal reasons. Councilman Grabowski interrupted Councilman Kubby's <br />presentation and objected on the grounds that Councilman Kubby's comments were in <br />fact verbatim from the confidential letter that the Council had voted not to read. <br />Councilman Kubby countered that it was Councilman Grabowski and not he that had <br />stated his presentation was directly from the referenced communication. Councilman <br />Kubby moved to censure Councilman Grabowski for violating the last vote of the <br />Council by publishing the contents of the letter from the attorney. Councilman <br />Grabowski accepted the censure. <br />Lengthy deliberation by the Council regarding rescinding Resolution No. 458 followed. <br />Councilman Davey, Kubby and Miller favored rescinding Resolution No. 458 while <br />Councilman Grabowski and Mayor Helgesson favored its retention. <br />Councilman Miller moved, seconded by Davey that Resolution No. 458, as amended, be <br />rescinded. Additional lengthy discussion ensued and Councilman Grabowski pleaded <br />Council action be deferred "pending further study and public hearings on a matter of <br />this magnitude". Mayor Helgesson concurred with Councilman Grabowski. <br />In response to the questions of Councilman Davey, Kubby and Miller re: the opinion <br />expressed by Mr. Lynch that Resolution No. 458 was illegal, the City Attorney stated <br />that in his opinion there is nothing on the face of the Town's Sewer Policy that is <br />illegal or unconstitutional and as long as it is applied consistently with the State <br />Laws pertaining to the formation of assessment districts, it is legal. <br />Councilman Miller requested and Council concurred to take a recess (10:20 P.M. to <br />10:30 P.M.) to reflect before voting on the motion before them. Following the <br />recess, Councilman Miller with Council concurrence withdrew her pending motion to <br />rescind Resolution No. 458. <br />MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by Kubby and car- <br />ried unanimously that discussion and possible action on Resolution No. 458 be <br />agended for the next regular meeting. <br />MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by Davey, that the <br />confidential letter from Mr. J. Lynch be read into the record carried by the follow- <br />ing roll call vote: Ayes: Councilman Davey, Kubby and Miller. Noes: Councilman <br />Grabowski and Mayor Helgesson. <br />The gist of the Lynch letter is contained in the opening and closing paragraphs <br />as excerpted below: <br />%P- -3- <br />