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~~ <br />Excerpt of Minutes <br />Approved 9/3/08 <br />Renee Price: The Health Department that is part of the County/? <br />Michael Harvey: Yes. It is the Orange County Health Department that enforces the state ruses. <br />Brian Crawford: My concern is that it sounds like that it is putting the County on an uneven playing field with the rest <br />of the devebpers in the County whereas the Board of County Commissioners can say to another devebper, you <br />can't do that. In this Instance, we are saying, that doesn't apply to us and we can do that and there is no one that <br />can say no to the Board of Cour-ty Commissioners based on this policy. <br />Mid~ael Harvey: Let me make two corrections to your statement. It st~l has to go through the similar permitting <br />process as far as getting a permit for both bcal and state agencies to allow the system to be devebped as any other <br />developer. The second is the issue the permitting process. Unfortunately, the permitting process, based on recent <br />case law, states that the County cannot issue itself a Speaal Use Permit. Making those findings and taking it through <br />that process is something we can no longer do. <br />Brian Crawford: I don't think that as the intent of the case. I am really uncomfortable without having an analysis of <br />the case decision or what the court is saying. The court may have said that we have to come• up with another <br />mechanism to have the County approve their projects. <br />N~chael Harvey: I can tell you from my own personal review of the case that is not the case. If you would rather <br />have us comment in an expanded memorandum that can certainly be a recommendation. <br />Jeffrey Schmitt: Michelle has an excellent point and that is the public will not get to comment on this. Is that right? <br />Michael Harvey: Yes. <br />Jeffrey Schmitt: I don't think that is right. Notwithstanding, whether or not the County cannot issue itself a permit, I <br />think tl~e public should still have its hearing and the Board of County Commissioners need to know the concerns of <br />their constituents even if it does not impact the ability of the County to proceed this. I think we are short changing the <br />ability of the people of this county to express their opinions. This was participated by the change in the septic field up <br />at the Northern Human Services Center with the new park, is that con~eci? <br />Michael Harvey: Yes. That is one of the geneses of this issue. <br />Jay Bryan: It appears to be a pof'~cy that will have an affect on others. <br />M'~chael Harvey: This will have an impact on any County project proposing over a 3,000 gallon system. This is only <br />going to impact County projects under the County's planning jurisdiction proposing over 3,000 gallon septic systems. <br />There are County projects within municipalities or on sewer system that this will not have an impact on whatsoever. <br />Judith Wegner. I agree with Michelle and Jeff, I would like to see pubfic comment. You could make a policy.that we <br />would require public comments for such a proposal. It is not a Special Use Permit but we require by policy that you <br />wi8 go through a certain process with the public. That will address some of the questions. <br />Michael Harvey: I personally think that if the Board would tike to make that recommendaton to the Board of County <br />Commissioners, I think it is reasonable. <br />Renee Price: But then again what would be menu, people can't sue, if they're in opposition what work or body does <br />that go before? The State body or what? <br />3 <br />