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only thing constant in life is change, so stability is really difficult to asc?rtain. Would you
agree with that?
Sustained desirability, I guess it d^pends on which side of the issue you're on as to whether
or not directed to desirable.
to devel pers, Who
rect d this
to addressing
ornow,
directed focommissioners
general publicto vote or is it
,
DAVENPORT: Your interest is public interest. It would have to be public interest. So the
interference (not clear) interfering with the public's sustained desirability, sustained desirabili-
ty from the viewpoint of the public.
STEWART: I think really it's an unrealistic statement in some facets, but at the same time, I
resent, you know, having to vote on something of this nature. I resent the fact that I don't have I don't feel
any say-so about those treatment plants that already dump effluents into the lake.
like it's fair to require us to make a statement on this particular issue when it's already being
done, and it will be done in the future, with or without our statement of consent.
HERICK: We cannot ability0to act on things that hi
ut
ie do
areit about
ourrtablesandhth seat vthingsathatewilleen ncomeCtobouryhave the
table.
STEWART: But I think it's knit -picking.
HEDRICK: It may be. But we have that authority and that job and responsibility. We can't
turn our back on it because somebody else is already doing it.
STEWART: i don't recall going through this for Castaway Shores or for Mallard Head. I mean us
having to take a vote on this.
HEDRICK: Castaway Shores was single family residences and not a PRD, I believe.
STEWART: But nevertheless, the end result is the same --the effluent goes into the lake.
HEDRICK: Well, that's true, and I guess you could say in a 50 -passenger bus with only 40
people on there, it wouldn't be crowded, but if they all tried to sit in one seat, you'd have a hard
time convincing the person on the bottom that it wasn't crowded. And with septic tanks you are
ver this area or either pumping the effluent to the
going to have 104 acres of people scattered all o
drainfield, away from the lake, as opposed to pumping it into the lake. That's the whole crux of
the issue, as I see it, to decide whether we want to rum it away from or into, in large quantities.
DAVENPORT: I think your objection is somewhat the form I'm trying to lead you to, and I'm
trying to help you through the process. if you don't find that what I'm giving you is helping you
through the process, I think
STEWART: I think it's a complicated matter, I'll be perfectly honest.
DAVENPORT: I think you have to make two essential findings. I said.
STEWART: I wished we would just get to them.
DAVENPORT: I would say yourtwo essential findings are whether they meet the standards refer-
red to in that section, all the standards we have (not clear) and secondly that not create a
nuisance to nearby residential areas. Two simple findings. I don't think, I'm not proposing in any
way and suggesting this, articulating this method of analyzing the problem. I wasn't suggesting in
any way that you had to make a finding on each of these. I thought it might help you in terms of
clarifying your own position on how to rule as a judge in this particular matter.
HEDRICK: What he's saying is that based on our decision we can accept or reject the request,
but we should consider it based on these criteria.
STEWART: I feel sure of tWethave neglectedand ourresponsible
duty.elected
And I don't official,
like being throughpits
hod that in our minds already,
like a five-year-old.
HEDRICK: I appreciate your help, personally. Seeing that civil rights are upheld and legal
rights are upheld.
We were allowed to do that at our last meeting of our own volition and it was pointed out that
it was out of the bounds of legality, and we appreciate the developers giving us an opportunity to
rectify that at this date, and not being taken before the Superior Court Judge and having more than
our wrists slapped.
Is there any other comment on the development standards?
All right. the next point would be 87.11, construction affecting Lake Norman. Anyone have any
thoughts or any concerns aboutthat, we will listen to them.
If there's no further questions or comments, I guess a motion would be in order to accept or
reject the request.
Is there any motion to consider, or anything?
' STEWART: Due to the fact that I think that i.;,is development has Dragged on long enough, I