P-0365 - Open Burning by Governmental Entities and Non-Profits Receiving County Funds 09-05-2000-5d

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about payment-in-lieu or dedication. He is not ready to say that the County is to require dedication at this point. However, he believes that the County has the right to require dedication • of land. Commissioner Brown said that she has mixed feelings about dedication of property. She said that she does favor a wildlife corridor. She said that she wants the land along the creek that she lives on to be preserved. She sees the walking trails in Efland as very far out into the future. She said that there would be changes in the Efland area with the growth pressures that will exist in this area. She sees the importance of dedicating properties along these stream corridors. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to accept the administration's recommendation that the County receive the land dedication as a wildlife and resource protection corridor with a provision that public access within the corridor will not be considered unless and until the dedicated property is connected with other publicly owned recreation/open space property. VOTE: Ayes, 2; Noes, 2 (Commissioner Halkiotis and Chair Carey) There is no land dedication for Wilson Efland Subdivision as a result of the vote. John Link asked about the next step in terms of addressing this issue. Geoffrey Gledhill said that the Board could act now to accept the payment in lieu. The Board has to either accept a payment in lieu or the dedication. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to table this item to the next meeting. VOTE: UNANIMOUS d. Open Burning Policy for Governmental Entities and Non-Profits Receiving County Funds • The Board considered approving a resolution that would implement a policy governing open burning by governmental and non-profit entities receiving Orange County funds. Assistant County Manager Rod Visser summarized the major points in this policy. This policy deals with other governmental entities and non-profit entities receiving Orange County funds. The policy outlines provisions for burning as a last resort. This is a fairly narrow policy. During the last legislative session, Orange County was given authority to further regulate burning in the County. Farimah Anoushiravani presented a petition signed by 134 people, which reads as follows: "We would like Orange County to adopt an ordinance codifying the legislation passed in the General Assembly of North Carolina on clearing of land within the County that would regulate and prohibit the open burning of trees, poisonous plants, stumps, and other construction debris." Farimah Anoushiravani read a prepared stated. She said that the developer at Lake Hogan Farm, 15' American Land of Apex, has been burning piles of wood as high as a 3-story building, including poison ivy and poison oak, since June 16, 2000. The burning has effected the health of many of us with asthma and allergies. More than 14 people have had poison ivy rashes; 3 cases were very severe. including my daughter's. This burning will continue weeks at a time for several more years until. they are done with the development of this large subdivision. We have spoken to Mr. David Goracke, director of development for 1 S' American Land, and others in that company numerous times begging them to stop burning and to please shred or haul cuttings away, as they do for their other projects. They have refused to do so, suggesting instead that the current residents should pay for shredding the wood! We have also contacted all of the • regulatory and municipal agencies pertinent to this. problem. No one has been able to help us because of the lack of an appropriate ordinance, even when some of the burn permit's rules and regulations were not being followed by the developer.