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<br />@ <br /> <br />Oliphant (cont): consulted that an exhausting study t'las made of the City of Ramsey <br />, finding the best possible place for our children to go to elementary school. And, I <br />further agree that there was absolutely no discussion that the property located directly <br />across from that school would be zoned R I or that our comprehensive plan at that time <br />4IIJ would be changed to commercial. Absolutely right. <br /> <br />Cox: You also agree then that that was discussed very thoroughly, and it was not <br />indicated that it would not be commercial or residential. Other than that it was in <br />the mill as being zoned RI. <br /> <br />Oliphant: The information that I have is that this ,area was never considered at that <br />point to be rezoned to commercial. My information is that had that consideration at <br />that point been brought to the attention of the school board, the decision might well <br />have been much different. <br /> <br />Cox: And, who has provided you with that information? <br /> <br />Oliphant; Mr. Earl Johnson, the superintendent of District 11, and Mr. Tucker, with <br />whom I talked with yesterday. <br /> <br />Oliphant: That concludes that point, Mr. Chairman. Mr. Chairman, the third point is <br />personal point to you. You mayor may not want to answer questions. We do allege that <br />there is a either a personal or a possible pecuniary interest in the land which was <br />rezoned, andJ.it is our judgement that because of the interest, possible pecuniary or <br />personal interest, that you should continue to abstain. I presume under the rules <br />we are going to apply the City Attorney, Mr. Gorham's, right to either refuse to <br />answer questions. I would call him as a witness, but he has a right not to be a witness. <br /> <br />Goodrich: That is correct. <br /> <br />4IIJ Gorham: At this time, I vJOuld not like to be a 'l-ritness. I would like to have it made <br />a point at this hearing that Gary Gorham did thru City Attorney, Bill Goodrich, receive <br />an Attorney General's opinion. And that Attorney General's opinion and the letter <br />written to the Attorney General stating the facts that Gary Gorham had given to Bill <br />Goodrich so that he could write the letter to the Attorney General were read at a <br />public meeting on April 14 and made a part of that meeting. <br /> <br />Oliphant: Mr. Gorham, Mr. Chairman, if it would be permissable, I would ask that those <br />two letters be made a part of the record of this meeting. <br /> <br />Gorham: Yes. <br /> <br />Albert: Mr. Chairman, may I call attention to something in the petition to the Board <br />at this point, by way of allegation? <br /> <br />Goodrich: It is up to the Chairman. <br /> <br />Albert: 'I call your attention to Section 4, subparagraph L. To a statement made under <br />oath as follows: That Councilman Gorham abstained from the ,original vote on March 24 <br />on the rezoning issue believing his vote was not needed for the measure to pass. I <br />also call your attention to subparagraph M and the last sentence thereof: This refers <br />to the meeting of April 19, that prior to casting his vote Councilman Gorham obtainted <br />an opinion from the State Attorney General's office indicating that there was not a <br />conflict of interest. The petitioners are unaware of the extent of the facts given to <br />the attorney General's office which resulted in the opinion. I would like council for <br />A the petitioners to stipulate that not only was he present but that the petitioners were <br />W'present at the meeting that that matter was read. <br /> <br />Oliphant: We were present, Mr. Albert; however, I have not received a formal letter from <br />the Attorney General. Nor, were we advised of what facts either the City Attorney <br />whom Mr. Gorham personally given to.... INTERRUPTION. . . <br />