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. 8 <br />1 VOTE: UNANIMOUS <br />2 A motion was made by Commissioner Gordon, seconded by <br />3 Commissioner Halkiotis to approve the three items as listed above. <br />4 VOTE: UNANIMOUS <br />5 <br />6 <br />7 IX. ITEMS FOR DECISION (REGULAR AGENDA) <br />8 A. PINEY MOUNTAIN HOMEOWNERS ASSOCIATION PETITION <br />9 John Link sink ummarized the information in the agenda abstract. <br />10 The Board of County Commissioners was petitioned at its 4 August 1995 <br />11 meeting by the Piney Mountain Homeowners Association to remit the <br />12 County's costs/charges for providing legal and administrative services <br />13 for the Piney Mountain wastewater treatment project and grant. <br />14 Commissioner Halkiotis said that he feels the County has an <br />15 obligation to the people in Piney Mountain who purchased their homes in <br />16 good faith and were cheated by those who built the systems. <br />17 Commissioner Gordon questioned why the taxpayers in Orange <br />18 County should pay these costs. Those that live in water and sewer <br />19 service areas pay fees and those in the County are responsible for <br />20 their own infrastructure. Orange County does not provide this <br />21 infrastructure nor pay the cost of the septic system or well. <br />22 Furthermore, the County made the difficult decision to put a sewer-line <br />23 through the Rural Buffer to serve the Piney Mountain development. The <br />24 homeowners agreed to pay all of the costs for this project upfront and <br />25 she feels the homeowners should honor the original agreement. <br />26 Chair Carey said that he feels the County did a great job in <br />27 helping these citizens in a crisis situation that was not caused by the <br />28 County. The citizens will realize the return on their investment when <br />29 their homes are sold. <br />30 Commissioner Crowther said he would not want to change the <br />31 agreement until everything is complete. <br />32 Commissioner Willhoit noted that he can see a basis for <br />33 charging for the legal fees because that is a direct expense the County <br />34 has in the process. However, the staff time is a function of County <br />35 government and something the County does for a number of citizens and <br />36 should not be charged. <br />37 Commissioner Willhoit made a motion to charge the Piney <br />38 Mountain Homeowners Association for only the direct legal fees that <br />39 were incurred after starting the grant process. Commissioner Halkiotis <br />40 seconded the motion. <br />41 VOTE: AYES, 2; NOS, 3 (Commissioners Carey, Gordon and Willhoit) <br />42 A motion was made by Commissioner Crowther, seconded by <br />43 Commissioner Gordon that the Board honor the original agreement and <br />44 contract with the Piney Mountain Homeowners Association which stated <br />45 their responsibility for these costs. <br />46 VOTE: AYES, 4; NOS, 1 (Commissioner Halkiotis) <br />47 <br />48 B. ZONING ATLAS AMENDMENT - Z-4-95 DONALD KEITH GODWIN <br />49 The area proposed to be rezoned is located at the northwest <br />50 corner of Rogers Road and Tallyho Trail. The property consists of one <br />51 parcel containing 13.6 acres. Planner Mary Willis said that in <br />52 response to the concern about drainage, that the drainage from the area <br />53 proposed for rezoning goes to the west and the problem area is to the <br />54 south. The runoff from the proposed rezoning will not affect the <br />55 property. The small area plan for this area will be presented at the <br />