Agenda - 08-25-2008- c2 - Laserfiche WebLink

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~~~ Tom Altieri From: lynette_hartsell@yahoo.com Sent: Tuesday, August 12, 2008 2:50 PM To: CompPlanUpdate; lynette_hartsell@yahoo.com Subject: Comprehensive Plan From: Lynette Hartsell Phone Number: 919-563-3796 Message: August 11, 2006 To: Orange County Commissioners Re: Adoption of 2030 Comprehensive Plan For the past 6 weeks, I have spoken with a number of individuals who are employees of the County, City and State governments in regard to issues at Lake Orange. While each person with whom I spoke was generous with her/his time and provided me with documents upon request, none mention that this document, 2030 Comprehensive Plan, was posted on the intereet. It was by chance that I and my neighbors discovered the Plan several days ago and realized that this 300+ page document was to be discussed and adopted at the next County Commissioners meeting. It is hoped that this letter will become part of the minutes of that meeting and that no vote will be taken on the adoption of the Comprehensive Plan until such time as the residents at Lake Orange have had an opportunity to properly examine the document and have other such consultants as is feasible to examine the document and advise us as to our rights. The Plan contains some useful information. However ,the glaring characteristic at first glance is the sheer size of the document which insures that no average citizen could endure the reading much less attain full comprehension of the meaning and impact upon themselves, their families or the greater community. Numerous pages contain lofty goals with which no reasonable person could apparently disagree. However, embedded in this seemingly harmless document, which purports to aim towards a future "sustainable community," lurks the gravest attempt of a government entity to simply "take property and rights away from its current citizens" through the continued implementation of the Neuse River Basin Rules The stated goal of the adoption of the "Plan" is to use the document to make "policy" decisions that provide for a coordinated approach for future growth. The adoption of the "Plan" provides a "statutory basis" for many of Orange County's land use regulations as well as the application of zoning districts. As stated in the Overview, this document sets the course of action to guide development in the county for the next 20 years. If in fact the "county" and its "residents" are likely to realize desired outcomes, it would seem reasonable that we the "residents" should be fully informed of not only the proposed Plan but more urgently, the consequences of the acceptance of such a "Plan" that hands over property and rights to the county employees for their determination of action on private property. The acknowledgment that the County is exercising its "police power" to "define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens" per N.C. General Statue 153-121 through the adoption of a "Comprehensive Plan" which would strengthen the role of zoning within the county is stated with little attention to the significance of such a statement . The appearance of involving the public is masked by the fact that no landowner at Lake Orange was aware of this "Plan" although significant personal rights are affected. I submit that the "appearance of Notice" is not equal to actual notice to those parties whose rights are affected and more specifically to those parties whose property is being confiscated by the government without payment. The fact that the. County acknowledges the use of "police power" is evidence that this process is less than voluntary and that the County anticipates the use of "force" through the enforcement of this "regulation". While no gun is held to our head for compliance with the Plan, clearly force is being used for submission to the State interest, which is to solve a problem that does not currently exist. What are the specific "acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens". What are these "acts" that require "police action"? While the good citizens of Orange County desire a government to govern, no one wants the government to exercise its police rights upon mere landowners that tramples the basic rights of its citizens for the sake of pursing a goal of a county government that fails tc meet the statutory test. This is demonstrated in the innocuous statements in the Plan of Enforcement of the Neuse River Basin Rules, the powers of Erosion Control, Zoning and Planning. All statements seem at first blush to be harmless, but are they?