Minutes 09-15-2020 Virtual Business Meeting

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77 said the process of determining whether the cash amount was fair may continue in court for sometime thereafter, but DOT has right to the land. Commissioner McKee asked if the developer would be willing to remove Davis Road from the application completely, without qualification. Michael Birch said yes, only if there is an alternate solution for a fully signalized intersection that is acceptable to DOT. Commissioner McKee said the Board should make sure such a solution exists prior to approving the project. Chair Rich said the BOCC is not giving any approval or denial this evening, rather that will happen on October 6th. Commissioner Bedford asked if the intent is to discuss all of the conditions in attachment 11 tonight. Chair Rich said the conversation could start tonight and be continued on October 6m Michael Harvey, Current Planning Supervisor, said any Board feedback and questions would be very helpful. Commissioner Bedford said she drove up and down old highway 86, Davis Rd, and the service road. She said this is prime land for an EDD, once a configuration is allowed for highway 86. She re-read the condition that Michael Birch proposed, and said it makes no sense to her. She asked if this condition could be submitted in writing, as she is a visual learner. Commissioner Bedford repeated her request to receive the full report of the noise study. She said she is a CPA and has a degree in mathematics, and feels confident she will be able to understand the report. Commissioner Bedford said she was glad to hear that not all trucks will be diesel, and she has no problem with smaller trucks. She said a solution us needed. She asked what interest would NCDOT have in condemning this land and funding this project. Michael Harvey said he has not spoken with the NCDOT, but there is a process under state law that NCDOT can go through to condemn property and secure right of way. He said it would be best to get an answer directly from NCDOT. Commissioner Bedford said NCDOT is in the midst of a budget and audit crisis, and she does not anticipate anything happening quickly with NCDOT in this project. Commissioner Bedford referred to page 46 of the agenda, and a request proposed to FEMA to amend a 100-foot flood elevation, and asked if there is a status update on this issue. Michael Birch said that particular item was still under review with FEMA. Commissioner Bedford asked if the BOCC has any say is this type of request. She said climate change is showing that the flood plain should be increased, not decreased. Michael Harvey, Current Planning and Zoning Supervisor, said elected officials have no rights related to this, as it is a FEMA issue. He said current planning is involved in the review process. He said staff is involved, but it is truly a FEMA regulatory issue. Commissioner Bedford referred to page 58 in the agenda package, which states the Applicant will "strive to integrate" cool roofs, energy efficient lighting, etc. She said the verbiage of"strive to integrate" has no teeth whatsoever. She said she would like to require things be done (LED lighting, LEED certification, not spraying for bees, wildlife corridors, etc.), and requested that the buildings and the parking lots be much more climate friendly. Commissioner Bedford said it is still not clear if there will be activity at night and on weekends. She said she would like to know this information. Michael Birch said he thinks there is some stronger language regarding green efforts in building, and he would work with staff on the other items. Chris Bostic said when FEMA puts the maps together, it is concerned about the impact of streams and creeks from a very high macro level. He said when FEMA does these studies, it applies a certain flow of water every mile along a stream, and these inputs occur. He said the site in question is at the high point at a stream, and the amount of water that FEMA was