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Chatham planning board chairman responds to attorney's draft B

By George W. Lucier
Posted Thursday, January 22, 2004

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To: Chatham County Commissioners
From: Chair Chatham County Planning Board
Date: January 19, 2004

Subject: Attorney Robert Gunn's January 9, 2004 memo to the Commissioners

Mr Gunn's memo contains errors of fact and inferences that are not supported by the public record.

Mr Gunn's memo of January 9, posted on the Chatham County website, concerning timelines and attorney review of the Compact community Ordinance (CCO) contains errors of fact and inferences are made that are not supported by the public record. Some of the errors are listed below:

1. Mr Gunn, refers to the November 21 CCO draft as the Planning Board draft. This is incorrect. The Planning Board submitted our draft to the Commissioners in early October and we have not revised it since that time although some changes have been made by the Commissioners over the last few months. The October draft provided the basis for the October 13 joint meeting between the Commissioners and the Planning Board and this meeting initiated review by the Commissioners.

2. Mr Gunn's October 20 memo expressing concern over some sections of the CCO was submitted to the Commissioners not the Planning Board. He complains that his concerns were not addressed. However, Mr Hitchings, after review by Mr Megginson, Mr Eliason and myself submitted an extensive response to the Commissioners addressing the concerns expressed by Mr Gunn. To my knowledge, Mr Gunn did not respond to Mr Hitching's rebuttal.

3.Mr Gunn alludes to concerns that Mr Megginson had of the Planning Board draft. Mr Megginson never expressed those concerns to me.

4. Mr Gunn states that the Planning Department consultant, Mr Hitchings, was not an expert in conditional use. While this may or may not be true, Mr Hitchings engaged numerous experts on legal, conditional use and other matters on a regular basis throughout the Planning Board process of drafting the CCO.

5. Mr Gunn states that he was not invited to participate in the drafting process until November 24. This is not correct. The record of public meetings shows that the Commissioners asked Mr Gunn to assist the Planning Board on affordable housing and other CCO issues back in April when the Commissioners sent the draft CCO to the Planning Board. Mr Gunn did not return my calls when I asked for legal review of the CCO. I also understand that Mr. Megginson asked him for legal assistance on the CCO but the Planning Board never received a response until after we had submitted our draft to the Commissioners.


George W. Lucier is Chatham County Planning Board Chairman

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Chatham planning board chairman responds to attorney's draft B

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