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was not approved, but the resolution was written in a way that requires Time Warner to do <br />everything that could possibly be asked of them under the law. <br />Commissioner Halkiotis said that he appreciates everything that the committee has <br />done and he supports this because of the time the committee spent on this issue. He said that it <br />was a bad piece of legislation from Washington, but he will support it because he appreciates the <br />committee. <br />Commissioner Jacobs said that the committee had done a very good job, but he could <br />not support it. <br />A motion was made by Commissioner Halkiotis, seconded by Chair Carey to adopt and <br />authorize the Chair to sign a resolution consenting to transfer ownership and control of Time <br />Warner to AOL and Media One to AT&T, which is incorporated herein by reference. <br />VOTE: Ayes, 2; Noes, 2 (Commissioners Brown and Jacobs) <br />The motion did not pass. <br />c. Recreation Site Dedication vs. Payment-in-Lieu in the Matter of Wilson Efland <br />Minor Subdivision <br />The Board considered a minor subdivision condition of approval regarding Recreation <br />Site Dedication for Minor Subdivision application. <br />Planning Director Craig Benedict said that this resolution had to do with requiring a <br />land dedication for the Wilson Efland Subdivision. The subdivision is an eight-acre parcel located <br />in the Efland area on US 70 and Brookhollow Road. He said that, in a subdivision, if the property <br />includes a wildlife corridor, natural resource area, or resource protection area, staff makes a <br />recommendation that land dedication would be preferable over apayment-in-lieu. This eight-acre <br />site is forming two lots. He said that this area would more likely have increased population and <br />the resources within an area that is urbanizing are even more important than some other areas <br />throughout the County. The property in question is located adjacent to the 64-acre Duke Property <br />that was purchased by the County last year. He said that a trail has been started at Efland <br />Cheeks Elementary School to go through the Habitat for Humanity subdivision and the McGowen <br />Creek corridor. The County has taken this recommendation to various boards and agencies <br />within the County. The Environmental Resource and Conservation Department recommended <br />that the entire stream buffer be incorporated as part of the dedication for the subdivision. The <br />ERCD recommended an 80-foot wide corridor to be dedicated. It was taken to the Recreation <br />and Parks Advisory Council and they did not think it was appropriate in this case for a land <br />dedication, and they recommended payment-in-lieu. It was taken to the Planning Board, and four <br />votes were in favor of the land dedication and four votes were against the land dedication. He <br />read the Administration Recommendation, as follows: The Administration recommends that the <br />County receive the land dedication as a wildlife and resource protection corridor with a provision <br />that public access within the corridor will not be considered unless and until the dedicated <br />property is connected with other publicly owned recreation/open space property. He said that this <br />dedication would provide an opportunity for future connections of publicly owned open space. He <br />said that the resolution was prepared by the County Attorney's office and the Planning <br />Department to include the language that both reserves the right to the property owner so that they <br />can traverse this at any time in the future so that it does not isolate any portions of their property <br />and that the County will not have public access onto this property except for maintenance or <br />monitoring until there is some open space/low impact corridor program that is in the general area. <br />Commissioner Jacobs said that, based on the original staff recommendation of 80 feet, <br />the 10 feet is a compromise. He asked what the change was based on. Craig Benedict said that <br />the applicant felt that 80 feet was unreasonable. The applicant thought that payment-in-lieu was <br />the best option for them, if at all. The staff reduced the dedication to the bare minimum, which is <br />1/57 of an acre per lot for non-floodplain lands or 1/20 of an acre per lot if it is within floodplain <br />lands. <br />