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Minutes - 20041122
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Minutes - 20041122
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BOCC
Date
11/22/2004
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Minutes
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Agenda - 11-22-2004-c1
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Agenda - 11-22-2004-ED
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He continued explaining the articles. He said that the zoning ordinance does have a <br />performance standard noise arrangement, and that is when different businesses are permitted <br />by special use permits and are supposed to act within certain noise and vibration standards and <br />other standards. It would be good to have the overall countywide ordinance match as closely to <br />the performance standards in the zoning ordinance as possible. <br />Chair Jacobs clarified that the impetus of this public hearing had nothing to do with the <br />Town of Chapel Hill's discussion of leaf blowers. This has been an ongoing concern of citizens. <br />Commissioner Carey asked where the noise would be measured on the receiving <br />property and Craig Benedict said that it would be on the property line at a height of four feet, <br />and about ten feet away from any walls, barriers, or obstruction. <br />Commissioner Gordon asked Geof Gledhill how this would work with regard to the <br />modifications. Geof Gledhill said that the first thing that is different about this ordinance is that it <br />is not an ordinance under North Carolina law that requires a public hearing. The County <br />Commissioners have free reign to work through the options. <br />Commissioner Gordon made reference to the definitions and said that the first one is a <br />little hard to follow. She suggested taking the best of both definitions. <br />Chair Jacobs said that the first definition is like Durham's definition (page 4}. He <br />wonders if a normal person would know what a decibel level is. He said that Alamance and <br />Durham Counties use a more generic definition. He wonders what kind of enforcement history <br />these counties have in using that kind of a definition. He also does not know how the person <br />making the noise is going to know the decibel rating of the noise that they are making. He <br />thinks it might be more reasonable to have a generic definition that a reasonable person can <br />react to and not increase the penalties, so that there is some flexibility. <br />Chair Jacobs said that maybe the Sheriff could address this about an alarm sounding for <br />a certain length of time. Sheriff Pendergrass said that sometimes alarms go on for about an <br />hour until the owner of the residence can come to the residence. Chair Jacobs asked Sheriff <br />Pendergrass to comment on the ordinance. <br />Sheriff Pendergrass said that they are not having many problems with music noise or <br />parties, and when they do, they just ask the person to stop and they comply. In some areas <br />there are noises from vehicles and they do not have anything to work with regarding this. He <br />thinks the changes suggested will give them something to work with. <br />John Link made reference to page 11 and said that the "alternative" language sounds <br />better in terms of defining noise than the "suggested revision." On page 12, the "suggested <br />revision" seems better than the "alternative." Also, the "alternative" and the "suggested revision" <br />are reversed on pages 11 and 15 with regard to the decibel levels. He asked that there be a <br />consistent line of thinking. <br />Craig Benedict said that the "alternative" is the abridged version - it is shorter and the <br />noise levels are stricter. He thinks that they might take the best of both alternatives to come up <br />with the simplest method. Regarding page 15, the zoning ordinance allows some higher decibel <br />levels, so he thinks the zoning should be separated out from the rest of the countywide noise <br />ordinance so there is no confusion. <br />Geof Gledhill said that the more stringent level is the permitting one and would prevail, <br />so there would be consistency. <br />Commissioner Gordon read some suggested language for the "suggested revisions" on <br />page 11, Article 1: "Any unreasonable loud and disturbing sound or sound which is substantially <br />incompatible with the time and location where created, which is perceived by a person of <br />ordinary sensibilities as interrupting the normal peace and calm of the area." She then read her <br />suggested language far "alternative" as follows: "Any unreasonable laud and disturbing noise of <br />such character, intensity, and duration as to be detrimental to the health, safety, ar welfare of <br />any individual." <br />PUBLIC COMMENT: <br />James Singleton said that the definition of reasonable, detrimental, and irritation is all in <br />the ear of the beholder. He lives on US 70 near the golf course and he finds it soothing to hear <br />the leaves being cleared on the golf course. Some people may not find it that way. He said that <br />
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