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e. Arthur Minnis Road Update <br />The Board received information on issues raised at its Nov. 6, 2002 meeting concerning the <br />Tuscany Ridge subdivision. <br />Planning Director Craig Benedict pointed out the Arthur Minnis Road update an buff colored <br />paper. This is an informational item. This subdivision was approved on June 27, 2002. There have <br />been questions about the part of Arthur Minnis Road that would be paved. There has been a lot of <br />research since the December 2"d meeting. The County Attorney, County Manager, and County Planning <br />Director were authorized to have a discussion with NCDOT on the potential alternatives to withhold the <br />paving of the 800 foot section of road such as holding this section in abeyance to get the entire roadway <br />paved. Last Wednesday, they spoke with a representative from NCDOT in Greensboro to discuss these <br />options. Some of the options included putting the money by the developer far paving the road in escrow <br />until the entire section of Arthur Minnis Road could be paved. NCDOT has reviewed plans from the <br />developer to ensure that the design plans for the section of road were in compliance with NCDOT <br />standards. On December 3~d, the staff discovered that an encroachment agreement had been issued by <br />NCDOT because the rights-of-way had been given by previous property owners in the area. NCDOT <br />then removed the section of Arthur Minnis Road from their secondary road improvement program. So <br />NCDOT monies will not be used to pave this section of roadway. The product of the discussions is <br />included in the agenda. There are letters from NCDOT that state that the section of road would meet <br />safety standards if paved. If Arthur Minnis Raad is brought back into the secondary road improvement <br />program, there is recent legislation that allows NCDOT to move forward to pave unpaved roads if a small <br />minority of property owners object to it. The next step is to meet with NCDOT and discuss this new <br />legislation. The recommendation from Administration is to continue the dialogue with NCDOT in the <br />short term. The developer has a contract to construct this 800-900 foot section of road and work has <br />started. The Board is being asked to authorize the Administration to talk with NCDOT first and then see <br />what options there are to pave the entire road. <br />Commissioner Halkiotis asked if the proposal asks the developer to stop paving efforts at this <br />time. Craig Benedict said that they asked the developer to wait until they spoke with NCDOT, which they <br />did the next day. He said that he could not authorize the developer to stop doing something that is part <br />of the resolution of approval. <br />Commissioner Halkiatis said that he thought we had a very clear understanding with NCDOT <br />that everything was on hold. Citizens started calling him telling him that roadwork had begun. He said <br />that any credibility that the Board of County Commissioners had developed with these citizens <br />disappeared. He was angry about this. <br />Commissioner Jacobs said that since there was no representative of NCDOT at our last <br />meeting, he was a little concerned about what would happen. Apparently, NCDOT had a different <br />understanding than the County Commissioners did. He asked if it was passible that the $50,000 of State <br />monies that would have been used to pave this section of road would remain encumbered by NCDOT to <br />pave it in the future. Craig Benedict said that to put this road back in the secondary road improvement <br />program would require a public hearing process. The money that would be used to pave the rest of the <br />road can be put back into the secondary road improvement program when we go through the public <br />hearing process in May. He said that NCDOT could not use monies at this time to pave around the <br />corner because they do not have the right-of-way at this time. The traffic studies show that this is an <br />appropriate place to stop the pavement. <br />Geoff Gledhill said that the fact that there is a contract for construction of the segment of <br />Arthur Minnis Raad that is already being implemented right now, does not preclude the continued <br />discussions to try and resolve this issue. He said that when the Board met an December 2"d, the staff <br />did not know where this was in the process and that is why people are feeling blindsided. He would like <br />to continue discussions with the developer and talk to NCDOT about the long-term solution of getting the <br />entirety of Arthur Minnis Road paved, which can be done with the new legislation. He thinks everything <br />is fluid right now. <br />John Link said that there were two actions by which you pave a secondary road. The first is <br />with the secondary road improvement program. However, when the Board of County Commissioners, in <br />approving Tuscany Road subdivision said that this road needs to be paved as a condition and the <br />developer agreed to pay for it, then NCDOT is bound by its awn laws to approve it. We did not know last <br />