Agenda - 10-03-2000-5a - Laserfiche WebLink

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, DRAF' 1 conditions on Time Warner to live up to the existing franchises. The Cable TV Advisory Board is 2 asking the Board to approve this resolution that conditions the transfer of the franchises upon 29 3 Time Warner acknowledging the provisions of the old franchises as well as the recommendation 4 that we expect Time Warner to live up to its voluntary undertaking to provide open access to the 5 Internet over the cable system. He said that the merger would go through even if this resolution 6 was not approved, but the resolution was written in a way that requires Time Warner to do 7 everything that could possibly be asked of them under the law. 8 Commissioner Halkiotis said that he appreciates everything that the committee has 9 done and he supports this because of the time the committee spent on this issue. He said that, it 10 was a bad piece of legislation from Washington, but he will support it because he appreciates the 11 committee. 12 Commissioner Jacobs said that the committee had done a very good job, but he could 13 not support it. 14 A motion was made by Commissioner Halkiotis, seconded by Chair Carey to adopt and 15 authorize the Chair to sign a resolution consenting to transfer ownership and control of Time 16 Warner to AOL and Media One to AT&T, which is incorporated herein by reference. 17 18 VOTE: Ayes, 2; Noes, 2 (Commissioners Brown and Jacobs) 19 The motion did not pass. 20 21 c. Recreation Site Dedication vs. Payment -in -Lieu in the Matter of Wilson Efland 22 Minor Subdivision 23 The Board considered a minor subdivision condition of approval regarding Recreation 24 Site Dedication for Minor Subdivision application. 25 Planning Director Craig Benedict said that this resolution had to do with requiring a 26 land dedication for the Wilson Efland Subdivision. The subdivision. is an eight -acre parcel located 27 in the Efland area on US 70 and Brookhollow Road. He said that, in a subdivision, if the property 28 includes a wildlife corridor, natural resource area, or resource protection area, staff makes a 29 recommendation that land dedication would be preferable over a payment -in -lieu. This eight -acre 30 site is forming two lots. He said that this area would more likely have increased population and 31 the resources within an area that is urbanizing are even more important than some other areas 32 throughout the County. The property in question is located adjacent to the 64 -acre Duke Property 33 that was purchased by the County last year. He said that a trail has been started at Efland 34 Cheeks Elementary School to go through the Habitat for Humanity subdivision and the McGowen 35 Creek corridor. The County has taken this recommendation to various boards and agencies 36 within the County. The Environmental Resource and Conservation Department recommended 37 that the entire stream buffer be incorporated as part of the dedication for the subdivision. The 38 ERCD recommended an 80 -foot wide corridor to be dedicated. It was taken to the Recreation 39 and Parks Advisory Council and they did not think it was appropriate in this case for a land 40 dedication, and they recommended payment -in -lieu. It was taken to the Planning Board, and four 41 votes were in favor of the land dedication and four votes were against the land dedication. He 42 read the Administration Recommendation, as follows: The Administration recommends that the .43 County receive the land dedication as a wildlife and resource protection corridor with a provision 44 that public access within the corridor will not be considered unless and until the dedicated 45 property is connected with other publicly owned recreation /open space property. He said that this 46 dedication would provide an opportunity for future connections of publicly owned open space. He 47 said that the resolution was prepared by the County Attorney's office and the Planning 48 Department to include the language that both reserves the right to the property owner so that they 49 can traverse this at any time in the future so that it does not isolate any portions of their property 50 and that the County will not have public access onto this property except for maintenance or 51 monitoring until there is some open space /low impact corridor program that is in the general area. 52 Commissioner Jacobs said that, based on the original staff recommendation of 80 feet, 53 the 10 feet is a compromise. He asked what the change was based on. Craig Benedict said that