Minutes 09-15-2020 Virtual Business Meeting

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73 Commissioner Marcoplos asked if the 60-day time limit proposed by the Applicant, is to allow for a successful negotiation with NCDOT to avoid the use of Davis Road. Michael Birch said it would be 60 days prior to a certificate of occupancy, which is not likely for at least 18 months, and would allow more time for all involved to work out a solution. Commissioner Marcoplos said the situation could possibly arise that construction would be almost completed, with no resolution reached about Davis Road, and thus the trucks would be able to revert to the use of Davis Road. Michael Birch said the Applicant is seeking to provide as long as possible to reach a resolution. Commissioner Marcoplos said the bottom line is that this proposed solution could still result in trucks using Davis Road. He asked the projected CO year is 2023. Michael Birch said it would be 2022. Commissioner Marcoplos asked if a resolution to access old 86 could be reached with a few months of solid effort on everyone's part. Michael Birch said it depends, because the Applicant does not control the ability to acquire right away, other than to make an offer. He said the State and the County has the power to obtain the right away. He said it is his understanding that this is the barrier to having these improvements completed. Commissioner Marcoplos said this has to be resolved, and asked if a reasonable timeframe for doing so could be identified. Michael Birch said the question is how long will it take the State to acquire the right away, and that is a question he cannot answer, as it outside his control. Commissioner Marcoplos asked if there is a history or precedence that could be investigated. Michael Birch said such a search would require a mixture of results. Commissioner Marcoplos said it sounds like nothing can be known until a full court press effort has been made. He asked if this could be done. Michael Birch said a full court press effort has been made to obtain right away for a multitude of options to avoid a connection to Davis Road. He said the Applicant understands all the concerns that have been raised, but the Applicant has undertaken a full-court-press approach. Commissioner Marcoplos said it sounds like the Applicant feels the odds of successfully finding an alternate option to Davis Road, no matter how much time is allotted, are slim. Michael Birch said the Applicant has done a full court press within the confines of what it can control. He said the Applicant does not have the full power of the State or County to obtain right away. He said the Applicant framed the condition to allow for as many opportunities as possible for the connection to not have to be made to Davis Road, or that it is removed in time. He said there is inherently a role for someone, other than the Applicant, to play in acquiring that right away. Commissioner Price said asked if the Applicant has a plan to prevent right hand turns. Michael Birch said it would be an engineered solution on the ground from improvements that would shuttle turns to the left. He said it would be more than just a sign. Commissioner Price said if there is a plan for Davis Road onto 86, as there is concern people will turn right, go down New Hope and access 1-40. Michael Birch said it will not only be 18-wheeler trucks. He said it might be vans, delivery trucks, not just 18-wheelers. He said the signal at Davis and 86 is signalized, and the modeling of the analysis shows there is adequate storage to accommodate the left hand turns with signal timing. He said he did not know from where the idea of bottleneck came. He said it is an extremely low probability that a truck will not wait a few seconds for a signaled left hand turn.