Agenda 01-18-22; 8-a - Minutes - Laserfiche WebLink

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5 1 role in lives of athletes, and setting examples. She thanked Coach Cunningham for mentoring 2 these girls, and congratulated the team. 3 Commissioner Greene extended her congratulations, and wished the team good luck. 4 Commissioner Fowler extended her congratulations. She said she was a former student 5 athlete. She said engagement in schools is importance, and participation in a team is 6 important. She said coaches make a special mark on students. 7 Commissioner Hamilton extended her congratulations to the team, and echoed the 8 comments of other Board members. 9 Commissioner McKee extended his congratulations to the team, the coaches, the staff 10 and everyone who made it happen. 11 Chair Price said she was very impressed by the athletes on the team and thanked them. 12 Coach Cunningham expressed thanks to the Board. She said the athletes earned this 13 honor with the support of their families, the school and the community. She said the school and 14 community empowered the girls to believe in themselves. She said the team worked hard to 15 grow the sport and to get more student athletes involved. 16 17 5. Public Hearings 18 19 a. Proposed Unified Development Ordinance Text Amendment— Modification of 20 Enforcement Provisions Addressing Changes in State Law 21 The Board held a public hearing, received the Planning Board/staff recommendation and 22 public comment, closed the public hearing, and considered action on staff initiated amendments 23 to the Orange County Unified Development Ordinance (UDO) eliminating existing language 24 allowing criminal penalties for violations of certain land use regulations. 25 26 BACKGROUND: 27 On September 2, 2021, Governor Roy Cooper signed Session Law 2021-138. Portions of the 28 legislation, excerpt contained in Attachment 1, decriminalizes certain types of ordinances 29 including planning and development regulations. Violation(s) of certain provisions of the UDO 30 are no longer potential criminal offences. The full version of the law is viewable here: Session 31 Law 2021-138. 32 The amendment was reviewed by the Board's Ordinance Review Committee (ORC) at its 33 November 3, 2021 regular meeting. Agenda materials are available at: 34 https://www.orangecountync.gov/AgendaCenterNiewFile/Agenda/ 11032021-1326. 35 Attachment 2 contains the draft ORC meeting notes. 36 • What the Amendment Does: Eliminates existing language in Section 9.6.5 giving staff 37 the option of seeking criminal penalties for violations of the UDO. The proposal 38 renumbers appropriate sections to address the elimination of Section 9.6.5 of the UDO. 39 • What the Amendment Does Not Do: Eliminate language allowing for potential criminal 40 penalties for violation(s) of floodplain management (Section 9.7), soil erosion and 41 sedimentation control (Section 9.8) and stormwater management (Section 9.9) 42 regulations. The Session Law does not modify enabling authority under which these 43 provisions were adopted. 44 As previously indicated the amendment(s) are necessary to address the County's compliance 45 with applicable State law. The County Attorney's office has reviewed the proposal and found it 46 to be legally sufficient. 47 Planning Board Recommendation: The Planning Board reviewed this item at its December 1, 48 2021 regular meeting (held via Zoom due to current public health concerns) and voted 9 to 1 to 49 recommend approval of the amendments. The member voting no indicated they were not 50 comfortable with the recent State law changes eliminating the County's ability to seek criminal 51 charges for land use violations.