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MINUTES ORANGE COUNTY BOARD OF HEALTH February 24, 2010 Board of Health Minutes Transcription completed by Anne Miles Cassell 2 February 24, 2010 The Board does not have the legal authority to alter the adopted rules of the Board at the meeting. Altering the adopted rules must follow the procedure for local rule adoption as specified in NCGS 130A-39. Please see attached Addendum A. to the minutes for the full transcript of the hearing. Anissa Vines reminded the Board that the decision before the Board is whether or not staff applied the rules appropriately and that the Board could either modify, affirm or reverse the staff’s decision. Michael Wood stated that he felt the Board could make a decision based on the testimony and clarified that only a decision on staff’s performance in accordance with current well rules was being decided. Steve Yuhasz asked if Ms. Davidson would have relief available if the Board decided that staff applied the rules appropriately. Anissa Vines replied that Ms. Davidson could appeal our decision in District Court. Commissioner Yuhasz said that without getting to get a sense of the Board as to what other remedies there might be if we decide, then Ms. Davidson couldn’t come back to this Board and regardless of what other considerations the Board may want to have as far as what the rules are and what they say, and what they should say; it would foreclose any opportunity for this Board to provide any relief for this particular applicant if we make a decision tonight. Anissa Vines said that that was correct. Steve Yuhasz expressed the opinion that before a decision is made a discussion should be held as to whether the rules as they are currently stated need to be modified in some way to meet specific conditions. Anissa Vines stated that she was going to defer that to the County Attorney, Annette Moore. Annette Moore asked Commissioner Yuhasz if he was considering modification of the rule before making a decision and he affirmed that was his question. Ms. Moore stated that the Board could not modify a rule without following due process for rule amendments and further; that “a rule is a rule as applies on the day that she took the action.” Christopher Cooke asked for clarification that what the Board had to work with was a decision on a technicality, whether or not the staff applied the rules as written appropriately. In other words, were they able to tell the difference between 21 feet and 25 feet? Is that what it comes down to? Anissa Vines replied that basically it is whether or not Tom Konsler reviewed the rule that we have approved as a Board and applied those rules correctly so that he appropriately measured and did all the things contained in the rules. Christopher Cooke asked if it would actually pose a threat to the water quality, if the contractor who drilled the well has any liability and if we could give her a waiver.