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the result of which will be prolonged legal contest against the County. He asked many questions <br />about the new paving law and other details. <br />Ruth Forehand lives at 4501 Scotland Drive. She said that, since there seems to be same issue <br />of how concerned the residents are and their participation in the meeting, she received an email from <br />Ms. Godfrey today and took off work to come here in support of them even though she does not live on <br />Arthur Minnis Road. She is a horse owner and she lives in a development where the developer tried to <br />take some of her land. <br />Commissioner Jacobs asked Geoff Gledhill about the addition of conditions and asked if this <br />could be done as suggested by Mr. Zimmerman. Geoff Gledhill said that because of the fact that the <br />project is vested as approved previously, the only changes that can be made now would be with the <br />consent of the property owner. <br />Commissioner Jacobs asked for clarification an the 31 feet from the western property line of the <br />subdivision. Craig Benedict said that during the design that the developer gave to NCDOT about how far <br />the pavement goes adjacent to the project, it was found that the design falls 31 feet short of the property <br />line. In the resolution, they put the exact distance that was anticipated. The residents are inferring that <br />the 31 feet that is left over gives the developer vesting in the next phase. <br />Craig Benedict clarified that the second item is not putting this road on the secondary road <br />improvement program tonight. This item is to send it back for NCDOT to consider far a formal May <br />public hearing. Tonight's action is not of this magnitude. <br />Commissioner Halkiotis asked about the possibility of Ms. Godfrey losing her fence. Mike Mills <br />said that they have avoided this fence with all designs of the road. The right-of-way will stop short of her <br />fence. He said that they would be glad to meet with anybody regarding these issues. He said that once <br />a property owner signs the right-of-way, whether it was last year or 30 years ago, it is recorded against <br />the deed. <br />Commissioner Halkiotis asked what would happen if the right-of-way was on the other side of the <br />fence. Mike Mills said that they would physically move the fence, unless it is so badly damaged that they <br />cannot. If it is badly damaged, they will not replace it with like materials. <br />Mike Mills made reference to the condemnation rules and said that there are two policies. One <br />has been in place for many years. NCDOT surveys the road and if there are one or more property <br />owners that will not give right-of-way, the District Engineer sends him the plans and he contacts the <br />board member and the board member makes the final decision. The property owners have to come up <br />with the funds for condemnation. In the past, the board member will not get involved if there is a <br />neighborhood disagreement. The new law says that 75°k of the property owners own a majority of the <br />road frontage. If this scenario happens, NCDOT will condemn provided the funds are available. <br />Commissioner Halkiotis said that the representatives from NCDOT and the two County <br />Commissioners met with the Planning Director, the Manager, and the Attorney. He said that this meeting <br />was not intended to be private. He said that the developer called him and he did not call him back <br />because he will not talk to him in private. If he speaks to developers, it will be in front of witnesses. He <br />said that he drove the full length of this road and there is not one speed limit sign from Old NC 86 to <br />Bradshaw Quarry Road. There is also only one sign to warn that the paved surface is going to an <br />unpaved surface. He asked if there was no sign then was the assumption that you could go 55 mph. <br />Mike Mills said that this is for paved roads only. On dirt roads, there are not speed limit signs <br />because the driver has to drive in accordance with the conditions. <br />Chair Brown said that there needs to be more informational sessions with NCDOT and the <br />Planning Director. She thanked Craig Benedict for attempting to reach a lot of people about the <br />meetings. <br />The Board decided to table these items to a future meeting. <br />John Link clarified that by not taking action, the developer might proceed with the paving. <br />Commissioner Halkiotis said that he appreciates Mike Mills' offer to look at safety issues on the <br />road from the perspective of signage. He thinks this is important. <br />Chair Brown suggested that the Board ask Craig Benedict and NCDOT to arrange a public <br />meeting. She wants to make sure that the residents feel that they are notified at least two weeks in <br />advance. <br />