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sentence about the contingent obligation of OWASA will be deleted and a sentence about the affirmative <br />obligation of OWASA will be included as proposed by Commissioner Jacobs. <br />Commissioner Brown wants specific language in the special use permit instructing and giving <br />responsibility to a staff person to continually work on establishing an entity for the conservation <br />easement. This could include a neighborhood non-profit. <br />Commissioner Carey suggested that the staff come back within 90 days or no later than the last <br />regular meeting of the Board of County Commissioners in June with recommendations of options. This <br />language will be in the special use permit. John Link will be the responsible staff person. <br />Geoffrey Gledhill clarified the changes to condition #14. The NFWRF will consist of $87,500 from <br />American Stone. Also, American Stone will be obligated to add $20,000 annually to the fund if that <br />money is necessary in order to meet the demands of the fund. This is a contingent obligation on the part <br />of American Stone. Also, OWASA will be required to put $15,000 annually into another fund, which <br />would be made available and could be used by Orange County to meet health, safety, and welfare <br />issues in the neighborhood of the quarry. These two funds will run until 2030, or until mining operations <br />cease, whichever occurs first. Applications could be made to the NFWRF until 2033 ar three years <br />mining operations cease, whichever occurs first. <br />Commissioner Brown asked a representative from OWASA to speak about the two funds and what <br />they would mean. <br />Peter Gordon, Chair of OWASA Board of Directors, said that this was a bit of a change from <br />OWASA's perspective. He is concerned about this latest proposal because OWASA is a very limited, <br />constrained form of government. OWASA has an ethical and legal charge to use the fees that are <br />collected from the customers for the purposes of providing water and sewer services. He said that as <br />this is stated, OWASA would be paying $15,000 a year in a fairly open ended way for the general public <br />health, safety, and welfare of the affected region as determined by the Board of the County <br />Commissioners. He said that essentially the funds would be used as tax funds would be. He thinks that <br />there is tremendous concern that rates for specific services can be used to provide tax funds. He is <br />concerned about setting a precedent of making tax payments as part of the special use permit process. <br />He said that a change like this would have to be taken to the full OWASA board. <br />Commissioner Brown asked about the claims and haw they would be handled. She does not <br />understand how this would work. <br />John Link said that he did not share the same concern that OWASA does about this being tax <br />funds. He said that the primary purpose of the fund at this point in time is the repair of wells, but the <br />Board of Commissioners may wish to address other issues in consultation with the board of OWASA in <br />the future. <br />Commissioner Jacobs said that the fund could address same of the issue regarding houses that <br />were built after 1978, which are now not included. He would also add that the citizens would be involved <br />in the process of working through the fund. <br />Discussion ensued about the use of the fund provided by OWASA. <br />Geoffrey Gledhill clarified that the NFWRF was not limited to houses before 1978. The timing issue <br />is in condition #29, which has to do with fair market value problems. <br />A motion was made by Commissioner Jacobs, seconded by Chair Halkiotis to approve and <br />authorize the Chair to sign the resolution as stated below issuing a Special Use Permit, Class A with the <br />conditions as listed in the Resolution. The black lined version of the Resolution contains administration <br />recommended changes to the Resolution considered by the Planning Board as listed below: <br />1) to require and accept a conservation easement aver the entire site (#50) <br />2} to revise the SUP regarding covered loads and rumble strips (#27 and #28) <br />3) provide for the transfer to the County General Fund of any unused portion of the No Fault Well <br />Repair Fund at the termination of the NFWRF (#14} <br />4) add a condition regarding the relationship between the SUP and SUPS in effect now as to same <br />or all of the Property (#51). <br />RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS <br />TO APPROVE AN ORDINANCE FOR A SPECIAL USE PERMIT, CLASS A <br />