HomeMy WebLinkAboutC.054.93009_0620 (2)1994). Mr. Pope said he thought the board should authorize the
clerk to the board to publish such a notice.
Mr. Jeff Corbett, representing Davis Community Hospital, asked
to speak regarding this transaction. He said he did not have a
prepared statement because he thought the matter would be tabled.
He said Davis Community Hospital feels the injunction is in place,
the matter is frozen in time for that until it is heard. He said
he strongly felt that any action constitutes a further breach of
the law and is a direct "slap in the face" of the due process as
set forth ye
action about theblatantly
home hHial system. He thought n
ealth transfer is idiscussion n conflict
restrainingthe
he
to
considerstriki
ng all discussorder issued ion s e Court. He asked Cboard
onat this pointand leaving the
matter in the hands of the judicial system at the date set for the
Injunction Hearing.
Chairman Haire said the board would rely on the advice of the
County Attorney, Mr. Bill Pope.
MOTION from Commissioner Madison to table this issue until
such time as the restraining order is lifted or removed or put into
a permanent , and then the
board take it upuand ideal wwith it at that time hichever the case may Hesaid he did not
see any
to deal
this
particular tIDe
just been ydm October 1994 until January 11995, any
implementation of it. There is no crisis at hand, and he concurs
with what Mr. Corbett says. "I don't want the additional liability
of the judges 'fussing' at me," Madison said.
Mr. Madison further said he respects Mr. Pope's position, but
there is a valid conflict and a procedure is set up to resolve that
conflict and is in place now.
Commissioner Hamby said her understanding of what Mr. Pope
said is if the documents are approved, when Mr. Pope goes to Court,
he can show what the county commissioners are trying to do. At
this point in time, Mr. Pope does not have any proof of what the
board is trying to do. Mr. Pope said only circumstantial. He
thinks this additional action focuses the issues and allows the
Court to make a determination. The hearing is tentatively
scheduled for August 1st, which is a Criminal section of Court and
this may not be heard at that time.
Commissioner Boone said he thought it would be prudent for the
board to follow the advice of the board's legal counsel.
VOTING ON MOTION TO TABLE: Ayes - 1 (Madison); Noes - 4.
MOTION from Commissioner Boone, On the advice of our legal
counsel that the Board approve the forms of the legal documents and
adopt the resolution, which reads as follows:
WHEREAS, we have heretofore approved a transaction with
Iredell Memorial Hospital involving the Iredell County Home Health
Agency subject to our approval of the final documents; and
WHEREAS, the Board of Directors of Iredell Memorial Hospital
determined that the attached drafts of final documents contain its
Agreement with Iredell County with regard to Iredell County Home
Health Agency and approved same on June 7, 1994; and
WHEREAS, the attached drafts of final documents contain our
commitment with regard to the Iredell Home Health Agency.
NOW, THEREFORE, BE IT RESOLVED:
1. The attached drafts are approved for use at such time as
the Restraining order now in effect is dissolved (with the changes
in the effective dates), and
2. The Chairman and Clerk to the Board are authorized to
dUi.194 601