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Agenda - 10-03-2000-5a
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Agenda - 10-03-2000-5a
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Last modified
4/22/2013 12:32:02 PM
Creation date
8/29/2008 11:21:39 AM
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BOCC
Date
10/3/2000
Document Type
Agenda
Agenda Item
5a
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Minutes - 10-03-2000
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2000
RES-2000-088 Resolution authorizing Payment In Lieu of Land Dedication in Fulfillment of Section IV-B-7-b "Recreation Sites" for the Wilson-Efland Minor Subdivision
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\Board of County Commissioners\Resolutions\2000-2009\2000
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DRAFT „ <br />1 recognizes that it is a hollow and shallow promise to the landowners in this County that this . <br />2 requirement is going to be for low- impact, wildlife corridors now, but may be an active recreation <br />3 space at some point in the future. He believes that if the County requires it of one landowner, it <br />4 should be required of all landowners. He agrees that more discussion is required. However, he <br />5 feels that the landowner should be given a choice of payment -in -lieu or dedication. He also feels <br />6 that the County's payment -in -lieu fees are not high enough for the landowner to make a decision <br />7 about payment -in -lieu or dedication. He is not ready to say that the County is to require <br />8 dedication at this point. However, he believes that the County has the right to require dedication <br />9 of land. <br />10 Commissioner Brown said that she has mixed feelings about dedication of property. <br />11 She said that she does favor a wildlife corridor. She said that she wants the land along the creek <br />12 that she lives on to be preserved. She sees the .walking trails in Efland as very far out into the <br />13 future. She said that there would be changes in the Efland area with the growth pressures that <br />14 will exist in this area. She sees the importance of dedicating properties along these stream <br />15 corridors. <br />16 A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to <br />17 accept the administration's recommendation that the County receive the land dedication as a <br />18 wildlife and resource protection corridor with a provision that public access within the corridor will <br />19 not be considered unless and until the dedicated property is connected with other publicly owned <br />20 recreation /open space property. <br />21 VOTE: Ayes, 2; Noes, 2 (Commissioner Halkiotis and Chair Carey) <br />22 <br />23 There is no land dedication for Wilson Efland Subdivision as a result of the vote. <br />24 John Link asked about the next step in terms of addressing this issue. Geoffrey <br />25 Gledhill said that the Board could act now to accept the payment in lieu. The Board has to either <br />26 accept a payment in lieu or the dedication. <br />27 . A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to <br />28 table this item to the next meeting. <br />29 VOTE: UNANIMOUS <br />30 <br />31 d. Open Burning Policy for Governmental Entities and Non - Profits Receiving Count <br />32 Funds <br />33 The Board. considered approving a resolution that would implement a policy governing <br />34 open burning by governmental and non - profit entities receiving Orange County funds. <br />35 Assistant County Manager Rod Visser summarized the major points in this policy. This <br />36 policy deals with other governmental entities and non - profit entities receiving Orange County <br />37 funds. The policy outlines provisions for burning as a last resort. This is a fairly narrow policy. <br />38 During the last legislative session, Orange County was given authority to further regulate burning <br />39 in the County. <br />40 Farimah Anoushiravani presented a petition signed by 134 people, which reads as <br />41 follows: <br />42 "We would like Orange County to adopt an ordinance codifying the legislation passed <br />43 in the General Assembly of North Carolina on clearing of land within the County that would <br />44 regulate and prohibit the open burning of trees, poisonous plants, stumps, and other construction <br />45 debris." <br />46 Farimah Anoushiravani read a prepared stated. She said the the developer at Lake <br />47 Hogan Farm, 1st American Land of Apex, has been burning piles of wood as high as a 3 -story <br />48 building, including poison ivy and poison oak, since June 16, 2000. The burning has effected the <br />49 health of many of us with asthma and allergies. More than 14 people have had poison ivy <br />50 rashes; 3 cases were very severe including my daughters. This burning will continue weeks at a <br />51 time for several more years until they are done with the development of this large subdivision. <br />52 We have spoken to Mr. David Goracke, director of development for 1st American Land, and <br />53 others in that company numerous times begging them to stop burning and to please shred or haul <br />
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