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[00:00:05]

READY?

[I. CALL TO ORDER]

I, UH, CALL TO ORDER THE AUGUST 15TH CITY OF NEWBURN PLANNING AND ZONING BOARD MEETING.

UM, KENDRICK WILL GIVE US A ROLL CALL, PLEASE.

YES, SIR.

UH, WE'LL START WITH BOARD MEMBER KYLE DEER HERE.

BOARD MEMBER DANIELLE PEES HERE.

BOARD MEMBER KIPP PARAGO.

HERE.

CHAIRMAN BRAD JEFFERSON.

HERE.

BOARD MEMBER RUSTY INGRAM.

HERE.

BOARD MEMBER KELLY KAISER.

HERE.

BOARD MEMBER THOMAS BRANO HERE.

AND BOARD MEMBER MARSHALL BALLOT.

ALRIGHT.

AND WE DO HAVE A QUORUM.

WE DO.

ALRIGHT.

COOL.

DEAL.

ALRIGHT, WILL YOU PLEASE RISE AND JOIN ME WITH THE, UH, SAYING THE PLEDGE OF ALLEGIANCE TO THE FLAG OF OUR COUNTRY.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TWO, THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU VERY MUCH.

OKAY.

SO I JUST

[IV. CHAIRMAN’S REMARKS]

GOT A COUPLE ITEMS HERE UNDER CHAIRMAN'S REMARKS AND THEN WE'LL GET INTO BUSINESS.

UM, FIRST I WANT TO THANK, UH, BOARD MEMBERS, UH, MARGIE DUNN AND SONNY ILUSO.

UM, UM, THEY SPENT MANY YEARS ON THIS BOARD, UM, DID A LOT OF GOOD WORK AND WERE VERY GOOD TO ME.

UM, THEY HAVE ROLLED OFF THE BOARD AND SO, UM, ON BEHALF OF, UH, MYSELF, THE BOARD AND THE CITY OF UBER.

THANK YOU MARGIE AND SONNY, YOU'VE DONE A GREAT JOB.

UM, AND WITH THAT, I WANNA WELCOME OUR TWO NEWEST MEMBERS, UM, DANIEL, PETE PEOPLES.

MM-HMM, .

ALRIGHT, PERFECT.

ALRIGHT.

UM, WELCOME.

THANK YOU FOR YOUR SERVICE AND, UH, WOULD YOU LIKE TO INTRODUCE YOURSELF TO THE BOARD AND SAY A COUPLE THINGS? SURE, YES.

UH, HI, DANIELLE PEEPLES.

I MET SOME OF YOU AT THE LAST MEETING AND GOOD TO SEE EVERYBODY HERE TONIGHT.

UH, I, UH, HAVE A BACKGROUND IN ENVIRONMENTAL AND STAKEHOLDER ENGAGEMENT.

SPENT 12 PLUS YEARS AT DUKE ENERGY AND NOW WORK FOR A CONSULTING FIRM THAT DOES PROJECTS ACROSS THE COUNTRY, PRIMARILY ENERGY AND RENEWABLE PROJECTS AND SOME DEVELOPMENT PROJECTS AS WELL.

UM, SO VERY INTERESTED IN KIND OF THE NEXUS OF PEOPLE AND THE BUILT ENVIRONMENT AND HAVE BEEN HERE IN NEW BERN FOR OVER THREE YEARS.

UM, SELF-SELECTED TO CALL IT HOME.

SO APPRECIATE THE OPPORTUNITY TO GIVE BACK WITH, UH, HOPEFULLY RELEVANT EXPERIENCE TO WHAT, WHAT WE ALL LOOK AT.

COOL.

AWESOME.

WELL, THANK YOU FOR YOUR SERVICE.

APPRECIATE IT.

UM, AND THE OTHER MEMBER IS MR. PIT, KIPP PARAGO.

AND I KNOW YOU'VE SAT ON SOME BOARDS AND DONE SOME THINGS, SO, UH, WOULD YOU INTRODUCE YOURSELF AS WELL? SURE.

UH, MY NAME'S KIP PARAGO.

UM, I AM IN THE REAL ESTATE DEVELOPMENT BUSINESS.

UH, BEEN DOING IT FOR ABOUT 38 YEARS, UH, DEVELOPED GREENBRIAR OVER ON THE OTHER SIDE OF TOWN, UM, VERNA AND CURRENTLY WORKING AT CAROLINA COLORS AND HAVE ALSO DONE, UH, A COMMUNITY UP IN CALLED CYPRESS LAMBY.

SO I HAVE A LOT OF EXPERIENCE AND BACKGROUND IN, IN REAL ESTATE DEVELOPMENT.

UM, DURING THOSE YEARS THOUGH, IT'S ALWAYS CALLED TO BE, BE A SERVICE IN THE COMMUNITY IN WHICH YOU WORK.

AND I'VE BEEN ON THE PLANNING AND ZONING BOARD BEFORE FOR SIX YEARS.

UH, SERVED AS CHAIRMAN TWICE AND I SERVED FIVE, UH, SIX YEARS ON THE, UH, BOARD OF ADJUSTMENTS AND, UH, CHAIRMAN FOR FIVE YEARS ON THAT BOARD.

SO IT'S ALL ABOUT BEING PART OF NEW BERN AND SERVING NEW BERN AND WATCHING IT GROW AND DEVELOP INTO THE GREAT TOWN AND IT REALLY IS.

WELL THANKS KIM.

THANKS FOR ALL YOUR SERVICE.

APPRECIATE YOU.

UM, JUMPING BACK ON THE BOARD.

UM, NEXT THING I WANT TO TALK ABOUT ARE DIRECTOR JESSICA RU.

UM, THE DIRECTOR OF DEVELOPMENT SERVICES ASKED ME TO READ THESE, UH, FIVE FIVE ADAMS SO THAT, UH, THE PUBLIC WOULD KNOW THEM.

SO THE, UM, MOST OF THIS IS ABOUT THE LAND USE ORDINANCE UPDATE.

SO THE ALDERMAN WORK SESSION IS FROM TWO TO FIVE ON TUESDAY, SEPTEMBER 10TH.

THEY'LL BE COVERING THE PROJECT TO DATE AND WHERE IT IS HEADED.

UM, THE, UH, LAND USE ORDINANCE STEERING COMMITTEE WILL BE MEETING ON WEDNESDAY, SEPTEMBER THE 11TH.

UM, AND AS CHAIR OF THIS BOARD, I SIT ON THE STEERING COMMITTEE.

I DUNNO IF YOU TWO ARE AWARE OF THAT, I'LL DISCUSS THAT LATER.

UM, ALSO OPEN OFFICE HOURS TO SCHEDULE QUESTIONS, IDEAS, COMMENTS AND CONCERNS FROM TWO TO FIVE ON SEPTEMBER 11TH IN DEVELOPMENT SERVICES.

UM, IF YOU WANT TIME WITH THE CONSULTANT, UM, PLEASE SCHEDULE TIME DURING THAT MEETING.

UM, AND FOR THE BOARD MEMBERS, OUR CONSULTANT IS AVAILABLE ALSO ANYTIME, UM, THAT YOU TWO, UH, CAN ACCOMMODATE ON ZOOM.

SO, UM, REACH OUT TO JESSICA RU AT DEVELOPMENT SERVICES.

UM, HE'S MORE THAN WELCOME OR, OR MORE THAN WILLING TO TALK TO BOARD MEMBERS.

I KNOW HE TALKED TO RUSTY ONCE BEFORE ON ZOOM.

SO, UM, UH, PLEASE ASK THOSE QUESTIONS.

UM, AND IN

[00:05:01]

LOOKING AHEAD, WE ANTICIPATE IN NOVEMBER WE WILL BE AT A POINT WHERE WE'LL SCHEDULE INTEREST GROUP MEETINGS.

SO THEY WANT TO GET MEMBERS OF THE DOWNTOWN, UM, HOMEOWNERS ASSOCIATION, DOWNTOWN BUSINESSES DEVELOPERS AND START HAVING THOSE MEETINGS WITH THE CONSULTANTS.

AND, UH, SO TO PLAN AHEAD FOR THE LAND USE UPDATE, UM, WHICH IS BASICALLY GOING FORWARD WHAT THIS LITTLE SECTION CHAIRMAN'S REPORT IS, IS JUST WHAT'S GOING ON WITH THAT OR ANYTHING ELSE THAT NEEDS TO BE, UM, DISCUSSED.

UM, AND SO WITH THAT, WE HAVE ONE OTHER ITEM THAT I AM GOING TO, FOR THE SAKE OF THE AUDIENCE, I AM GOING TO, WITHOUT OBJECTION FROM THE BOARD, UM, TABLE THE NEW BERN PLANNING AND ZONING BOARD RULES OF PROCEDURES DISCUSSION UNTIL AFTER ITEM NUMBER FIVE.

SO WE'LL TALK ABOUT THAT LATER.

SO WE'RE GONNA MOVE WITHOUT OBJECTION FROM ANYBODY ON BOARD.

I'M GONNA

[V.A. Tyler Home on the Lake Ph 17 & 18, (General Plan - PUD)]

MOVE, UM, ON TO ACTION ITEMS. SO FIVE A TYLER HOME IN LAKE PHASE 17 AND 18.

AND, UH, MR. CHAIRMAN, BEFORE I ACTUALLY PRESENT THAT ITEM, UH, BOARD MEMBER KYLE DEERING HAD EXPRESSED A CONFLICT OF INTEREST WITH THAT ITEM.

SO JUST FOR THE RECORD, THE BOARD HAS TO MAKE A MOTION ESSENTIALLY TO ALLOW HIM TO EXCUSE HIMSELF FROM VOTING ON THE LAKE TYLER ITEMS. OKAY.

UM, I MAKE THE MOTION THAT, UH, BECAUSE KYLE DEERING HAS A CONFLICT OF INTEREST, WE EXCUSE HIM FROM VOTING ON THIS ITEM.

I SECOND I HAVE A MOTION AND A SECOND.

ANY MORE DISCUSSION ON THIS ITEM? ALL THOSE IN FAVOR SAY AYE.

AYE.

ALL OPPOSED? MOTION CARRIES.

I THINK WE HAVE ONE MORE MOTION.

YEAH.

UM, SO I'D LIKE TO MAKE A MOTION THAT WE ALLOW PUBLIC COMMENT, UM, ON EACH OF THE ITEMS AS WE GO THROUGH THEM AND PUBLIC COMMENT, UH, BE LIMITED TO THREE MINUTES.

I'LL SECOND THAT I HAVE A MOTION, AND THEN SECOND, ANY DISCUSSION ON THIS ITEM.

ALL THOSE IN FAVOR SAY AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES.

MR. CHAIR, FOR PURPOSES OF, UM, ACTION ITEM FIVE A, MR. JAREN WOULD LIKE TO HAVE A SEAT IN THE AUDIENCE THAT MIGHT BE APPROPRIATE.

OKAY, SOUNDS GOOD.

THANKS.

ALL RIGHT.

AND GOOD EVENING TO THE BOARD.

UH, FOR OUR FIRST ITEM, WE ARE GOING TO, UH, WORK HERE ON HOME ON THE LAKE PHASE 17 AND 18.

THIS IS THE GENERAL PLAN SUBMISSION FOR SUBDIVISION, OR EXCUSE ME, MAJOR SUBDIVISION 0 0 2 9 3 1 20 24.

AND THE APPLICANT IS THOMAS ENGINEERING, UM, PA JOHN G. THOMAS, AND THE OWNER IS STARS OF STRIPES FOUR FLLC.

THE LOCATION FOR THE PROPERTY FOR THE GENERAL SUBDIVISION IS LAKE TYLER DRIVE, NEW BERN, NORTH CAROLINA.

THE EXISTING ZONING IS CURRENTLY RESIDENTIAL 10 A OR R DASH 10 A AND THE SIZE IS 19 POINT 32 TOTAL ACRES.

AN OVERVIEW QUICKLY HERE, UH, THE PROPOSED PLAN UNIT DEVELOPMENT IS FOR 53 SINGLE FAMILY DETACHED HOMES.

PHASE 17 WILL HAVE 24 AND PHASE 18 WILL HAVE 29.

UM, THE SUBJECT PROPERTIES AGAIN ARE CURRENTLY ZONED R DASH 10 A OR R 10 A.

UH, THIS IS AN ESTABLISHED RESIDENTIAL ZONING DISTRICT WITHIN THE CITY OF NEW BERN'S LAND USE ORDINANCES.

SO THE PURPOSE, UM, IS AT LEAST FOR THE RESIDENTIAL DISTRICTS, IS TO BRING ABOUT COMFORTABILITY, HEALTHY, UH, CORRECT HEALTH AND SAFETY IN A PLEASANT ENVIRONMENT IN WHICH TO LIVE.

AND THIS FIRST MAP IS A VICINITY MAP THAT IS JUST SHOWING, UM, BOTH PHASES INCLUSIVE TO THE ENTIRETY OF THE PROPERTY.

THE SECOND MAP INDICATES THE BUFFER AREA THAT IS TAKEN ESSENTIALLY WHEN WE'RE PRODUCING THE MAILINGS AND THE NOTIFICATION.

THE THIRD MAP HERE IS THE AERIAL, UH, FOR THE PROPERTY.

AND THE FOURTH MAP IS THE REFLECTION FOR THE ZONING.

UM, IT IS SIGNIFIED BY THE ORANGEISH COLOR FOR R DASH 10 A HERE.

AND FOR THIS PARTICULAR, UH, PLAT, THIS IS REFLECTING PHASE 17.

UM, IT'S GONNA BE FOLLOWED BY PHASE 18, BUT JUST SO YOU HAVE THE DIFFERENCES OF UNDERSTANDING BETWEEN BOTH.

THIS IS PHASE 17 AND THIS IS FOLLOWED BY PHASE 18.

THIS IS THE FLAT FOR IT FOR STAFF'S EVALUATION.

UM, THE PROPOSED SUBDIVISION DOES MEET ALL REQUIREMENTS SET FORTH IN THE CITY OF NEW BERN'S LAND USE ORDINANCE.

AND

[00:10:01]

ALL COMMENTS FROM THE DEPARTMENTAL REVIEW COMMITTEE HAVE BEEN ADDRESSED.

AND IF THE BOARD HAS ANY QUESTIONS, I WILL TAKE THOSE AT THIS TIME.

BOARD HAVE QUESTIONS FOR KENDRICK? ALRIGHT, THANKS KENDRICK.

UM, WOULD THE APPLICANT LIKE TO MAKE A STATEMENT? UH, THANK YOU KENDRICK.

I'M BOBBY BILLINGS LEAD.

I'M, I'M WITH THOMAS ENGINEERING, UH, REPRESENTING THE DEVELOPER.

UM, DON'T REALLY HAVE ANYTHING TO ADD.

UM, THE, BESIDES THE FACT THAT THE, THE PHASE PHASE 17 AND 18 WERE ON THE ORIGINAL GENERAL PLAN AS FUTURE DEVELOPMENT, AND THAT'S WHY THEY'RE, THEY'RE NUMBERED AS SUCH.

UM, IT'S UH, BASICALLY TWO EXTENSIONS OF THE EXISTING ROADS, SIMILAR, LOT SIZES, SETBACKS, ALL THAT.

UH, JUST WANNA SAY THAT I'M HERE TO ANSWER ANY QUESTIONS THAT YOU HAVE.

OKAY.

BOARD, HAVE ANY QUESTIONS? NO.

ALRIGHT.

KENDRICK, DID, UM, DID, UM, THE SIGN IN SHEET FOR I DO RECALL? YES.

YEAH.

THANK YOU, SIR.

OKAY.

ALL RIGHT.

UM, SO JUST FOR EVERYBODY KNOWS, UH, THIS IS WHERE WE OPENED UP FOR THE PUBLIC, WE'RE GONNA GO DOWN THESE LIST OF NAMES.

IF YOU DON'T WANT TO SPEAK ON THIS ITEM, JUST TELL ME AND WE WILL GO TO THE NEXT ITEM, RIGHT? NO BIG DEAL.

SO WE'RE GONNA START WITH MR. TOM DAVIS.

SO WE'RE GOING TO OBJECT TO PUBLIC COMMENT THAT'S NOT PERMITTED BY ORDINANCE OR BY OBJECTION.

OKAY.

MRS. CITY ATTORNEY, I HAVE AN OBJECTION TO OUR PUBLIC COMMENT.

AND MR. CHAIR, YOU CAN NOTE, UM, MR. THOMAS'S OBJECTION IF THE, IF A MAJORITY OF THE BOARD MEMBERS WOULD LIKE TO HEAR FROM MEMBERS OF THE PUBLIC, YOU CAN ENTERTAIN THOSE COMMENTS.

HOWEVER, IT'S IMPORTANT TO NOTE THAT THIS IS A TECHNICAL LEGISLATIVE PROCESS.

SO THE, THE CRITERIA THAT YOU ARE MEASURING THE PLAN AGAINST ARE THE TECHNICAL REQUIREMENTS OF THE CITY OF NEARBY LAND USE ORDINANCE.

OKAY.

UM, WHAT IS THE PLEASURE OF THE BOARD? I MAKE A MOTION WE CONTINUE WITH IF THERE'S ANYONE THAT WANTS TO SPEAK AND GIVE PUBLIC COMMENT ON THIS PARTICULAR ITEM THAT WE ALLOW THEM TO SPEAK FOR THREE MINUTES.

OKAY.

I HAVE A MOTION.

DO I HAVE A, I HAVE A MOTION.

I HAVE A SECOND.

ALL THOSE IN FAVOR SAY AYE.

AYE.

OPPOSED? MOTION CARRIES OBJECTION'S? NO.

UH, MR. TOM DAVIS? UH, YOU'RE DOING ANOTHER ONE? OKAY.

UH, WENDY CARD.

YOU HAVE THREE MINUTES.

GOOD EVENING BOARD.

THANK YOU FOR ALLOWING ME TO COMMENT.

UM, I HAVE TWO QUESTIONS, UH, MAYBE MORE.

THE TRAFFIC IMPACT ANALYSIS FOR WASHINGTON POST ROAD WAS THAT, UM, I KNOW IT WAS SUBMITTED TO N-C-D-O-T FOR REVIEW, WERE IMPROVEMENTS REQUIRED BY N-C-D-O-T OR IS THAT A RECOMMENDATION? I, I'LL SPEAK TO THAT MS CARD, BUT AS FAR AS FOR WHAT I UNDERSTAND, I, I DON'T KNOW ALL THE, UM, I GUESS WHETHER OR NOT THEY SPECIFICALLY HAVE APPROVED IT.

UM, THEY MAY BE WORKING THROUGH IT, BUT IT'S NOT SOMETHING THAT WE CAN ESSENTIALLY REQUIRE IF THEY'RE WORKING THROUGH WITH THAT AGENCY, IT REALLY STAYS SEPARATE FROM US UNTIL KIND OF THE FINISHED PRODUCT.

UM, SO WE DON'T HAVE A SPECIFIC ANSWER AS TO YES OR NO AS TO WHETHER WHERE THAT'S AT.

OKAY.

THANK YOU.

I APPRECIATE THAT.

UM, ALSO THE, THE LAND USE PLAN THAT I, I'M ASSUMING, I I THINK THAT YOU ALL BASE YOUR DECISION ON CONSISTENCY.

IS THAT, AM I ON THE RIGHT TRACK? NOT FOR THE SUBDIVISION PROCESS.

NO, I'M SORRY.

NOT FOR THE SUBDIVISION PROCESS.

NO.

SO WHEN YOU APPROVE OR UH, YOU APPROVE THE GENERAL PLAN, YOU'RE NOT MAKING A RECOMMENDATION OR NOT RECOMMENDATION? I'M SORRY, YOU'RE NOT SAYING THIS IS CONSISTENT OR NOT CONSISTENT WITH THE LAND USE PLAN? THAT'S NOT A, IT'S NOT AN INCON.

YOU DON'T MAKE A INCONSENT CONSISTENCY, UH, STATEMENT.

NO, MA'AM.

SO THERE'S TWO DIFFERENT DOCUMENTS WHEN YOU'RE, WHEN YOU'RE TALKING ABOUT THIS, WE'RE BASING IT OFF OF STANDARDS IN THE LAND USE ORDINANCE.

UH, AND THAT'S EITHER A YES OR NO, IT'S NOT CONSISTENT OR INCONSISTENT.

IT EITHER MEETS IT OR DOESN'T.

UH, WHEN WE'RE TALKING ABOUT THE LAND USE PLAN AND CONSISTENCY STATEMENTS, THAT TYPICALLY APPLIES TO REZONINGS.

THANK YOU FOR, THANK YOU FOR CLARIFYING THAT.

YES, MA'AM.

UM, AND ALSO WHAT FIRE STATION,

[00:15:01]

UM, SERVICES, THE LAKE TYLER COMMUNITY THAT MIGHT BE, OR THAT WASHINGTON PUT THAT, THAT AREA.

I UNDERSTAND THAT, THAT'S PROBABLY A BETTER QUESTION FOR THE APPLICANT.

I DID NOT EXACTLY SEE THE FIRE STATION THAT WAS SERVICING THAT AREA.

UM, OKAY, SO THIS HAS NOTHING TO DO.

I'M JUST, JUST MAKING NOTE THAT THE NEAREST OUR FIRE STATION IS ELIZABETH ABB NOT AS NOTED IN THE LAND USE PLAN.

SO THANK YOU VERY MUCH.

THANK YOU FOR SHARING.

FIRE WOULD'VE COMMENTED ON THIS CORRECT? DURING THE YES, ABSOLUTELY.

UM, I I JUST DON'T TYPICALLY HAVE THIS PARTICULAR STATION.

RIGHT.

THAT THEY WOULD ACTUALLY, BUT THEY HAD NO OBJECTION WHICH STATION WOULD SERVICE THEM.

NO.

RIGHT.

THERE WAS NO, THERE WAS NOTHING THAT, UH, WOULD IMPEDE GOING FORWARD.

OKAY.

ALRIGHT, COOL.

ALRIGHT.

NEXT WOULD BE MR. SCOTT ANDERSON.

NOT THIS ONE.

OKAY.

UH, MS. ELENA ROSS? NOT THIS ONE.

UM, THE LAST ONE, UH, IF YOU KNOW THAT YOU SIGNED UP, I'M, I HAVE TO APOLOGIZE.

YOUR, YOUR HANDWRITING IS PEARSON CURRY, PERHAPS? PRESTON.

PRESTON MAYBE? YES.

WOULD YOU LIKE TO SPEAK ON THIS ITEM? NO.

THANK YOU.

OKAY.

ALRIGHT, SO THAT PART'S DONE.

UM, I WILL OPEN IT UP TO THE BOARD FOR DISCUSSION.

DOUG? UH, YES, SIR.

I DIDN'T KNOW THAT I WAS SUPPOSED TO SIGN IN, BUT I NEED TO JUST ASK SOME QUESTIONS ON THIS.

COME ON UP.

YOU GOT THREE MINUTES.

I APOLOGIZE.

I'M NOT SAYING THAT'S OKAY.

IT'S NO PROBLEM ON THE DEVELOPMENT FOR, UH, SIR, CAN, I'M SORRY, SIR, CAN YOU STATE YOUR NAME AND YOUR ADDRESS? OH, I'M SORRY.

MY NAME IS DAVID.

LAST NAME WONKER.

W-U-N-K-E-R.

THANK YOU.

I LIVE AT 2 75 LAKE TYLER DRIVE.

ON YOUR, UH, MAP THERE, THE DEVELOPMENT ON THE SOUTH END OF THE LAKE.

I LIVE AT, UH, LOT SEVEN 10 AND I OWN LOT SEVEN 11.

NOW, THE CONCERN I'VE GOT FOR THIS DEVELOPMENT, AND THIS IS, UH, 17, IS THAT WHAT THAT WAS? 17 18, 17.

UH, IT SHOWS RIGHT HERE ON THIS MAP THAT, UH, THE STREET LAKE TYLER DRIVE DEAD ENDS WITH TWO CUL-DE-SACS, AND THERE IS NO OUTLET.

SO OF THE 24 DEVELOPMENT OR HOUSES, I GUESS, THAT ARE GONNA BE THERE, THE ONLY WAY IN IS ONE WAY, ONE WAY IN, ONE WAY OUT.

THAT'S IT.

NOW, THE REST THAT'S NOT SHOWN ON THIS MAP IS OWNED BY THE DR. HORTON AND THEY'RE CURRENTLY DEVELOPING ALSO ON THE SOUTH SIDE OF THE LAKE.

SO YOU'RE LOOKING AT PROBABLY 50 TO 60 MORE HOMES THERE ALL TO GO IN AND OUT OF LAKE TYLER ON ONE STREET WITH NO OUT.

AND THE THE LAST THING I WANNA SAY ABOUT THIS WHOLE DEVELOPMENT HERE, I WAS THERE, UH, Y'ALL REMEMBER HURRICANE FLORENCE? WELL, MY HOUSE AT LOT SEVEN 10 IS NOW IN THE FLOOD ZONE BECAUSE OF, UH, LAKE, UH, HURRICANE FLORENCE.

AND THE FLOOD CAME FROM THE NOOSE RIVER COMING ACROSS RIGHT WHERE YOUR, UH, DEVELOPMENT 18, I FORGET THE NAME.

17, 18.

YEAH.

WHERE THAT THAT'S RIGHT WHERE THE WATER CAME FROM, THAT FLOODED LAKE TYLER.

AND IT FLOODED UP TO MY HOME UP TO 10 FEET FROM MY BACK DOOR.

SO I'M ACCEPTING OR THINKING THAT THAT ENTIRE DEVELOPMENT, THAT ENTIRE AREA IS IN THE FLOOD ZONE AND THAT'S GONNA CAUSE DEVELOPMENT PROBLEMS. AND WHEN I FIRST BOUGHT MY HOUSE BACK IN 2008 AND MOVED INTO THAT DEVELOPMENT, I WAS TOLD, AND I MIGHT MAY HAVE BEEN MISINFORMED THAT THAT WHOLE, UH, EAST END OF THE LAKE, THAT WHOLE AREA IS WETLANDS AND IT'S NOT DEVELOPABLE.

THAT'S WHAT I WAS TOLD THEN.

AND I'M NOT SURE IF THAT'S TRUE OR NOT, BUT THAT'S WHAT I WAS INFORMED OF WHEN I BOUGHT MY HOME.

AND FROM THAT, I GUESS I'M OUT OF TIME.

OKAY.

THANK YOU.

ALL RIGHTY.

THANK YOU, SIR.

APPRECIATE IT.

THANKS FOR COMING OUT.

ALL RIGHT.

HEARING, UH, NO ONE ELSE WANTS TO MAKE A COMMENT, I'LL AGAIN OPEN IT UP TO THE BOARD FOR DISCUSSION.

[00:20:02]

IF THE BOARD HAS NO DISCUSSION, I'LL ENTERTAIN A MOTION, MAKE A MOTION THAT WE APPROVE ZONE PHASE 17 AND 18 OF LAKE TYLER.

ALRIGHT, I HAVE A MOTION.

DO I HEAR A SECOND? SECOND.

I HAVE A MOTION.

AND SECOND.

ANY MORE DISCUSSION ON THIS ITEM? UH, UH, SORRY.

SORRY, WHAT? WHAT? THE, THE BOARD IS CONDUCTING BUSINESS.

UM, ANY OTHER DISCUSSION ON THIS? AYE? NO.

ALL RIGHT.

HEARING NONE, UH, ALL THOSE IN FAVOR SAY AYE.

AYE.

ALL OPPOSED? MOTION CARRIES.

UM,

[V.B. Tyler Home on the Lake Ph 2 & 3, (General Plan - PUD)]

ITEM FIVE B, KENDRICK.

ALRIGHT, AND MR. CHAIRMAN, I WANT TO GO AHEAD AND, UH, MAKE OR EXPRESS THE APPLICANT ACTUALLY HAS ALREADY SUBMITTED AN EMAIL STATING THAT THEY WOULD ACTUALLY REQUEST A CONTINUANCE TO OR TABLING OF THE ACTUAL MATTER FOR THE NEXT MEETING, WHICH IS ON SEPTEMBER 19TH, UM, OF THIS YEAR.

OKAY.

SO THE BOARD WOULD'VE TO ENTERTAIN A MOTION ESSENTIALLY TO, UM, TABLE THAT MATTER TO THE NEXT MEETING.

OKAY? ALL RIGHT, THEN I'LL ENTERTAIN A MOTION TO, UM, TABLE ITEM FIVE B.

I'D HAVE A MOTION THAT WE TABLE ITEM FIVE B UNTIL THE NEXT MEETING.

SECOND.

ALL RIGHT, I HAVE A MOTION AND A SECOND.

ANY MORE DISCUSSION? HEARING NONE.

ALL THOSE IN FAVOR SAY AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES.

AND MR. CHAIR, AT THIS TIME, SINCE THE LATE TYLER PROJECTS HAVE BEEN ADDRESSED, YOU MAY WANT TO ENTERTAIN A MOTION TO, UM, ADMIT MR. DEARING BACK TO THE BOARD.

ALL RIGHT, I'LL HEAR, I'LL ENTERTAIN THAT MOTION.

UH, I MAKE A MOTION AS WE'VE, UH, COMPLETED THE WORK ON THE TYLER PROJECTS THAT WE ALLOW, UH, BOARD MEMBER DARING TO COME BACK TO THE BOARD.

I SECOND.

ALRIGHT, I HAVE A MOTION AND A SECOND.

ANY DISCUSSION WITH THAT HONOR? HEARING NONE.

ALL THOSE IN FAVOR SAY AYE.

AYE.

ALL OPPOSED? MOTION CARRIES.

YOU ARE WELCOME BACK UP HERE, KYLE.

ALL

[V.C. West New Bern Townhomes (General Plan - PUD)]

RIGHTY.

WE'LL MOVE TO ITEM FIVE C WEST NEWBURN TOWN HOMES.

THIS IS, UH, ITEM FIVE C.

THIS IS WEST NEWBURN TOWN HOMES.

THIS IS A GENERAL PLAN SUBDIVISION FOR PLAN UNIT DEVELOPMENT, AND THIS IS A MAJOR SUBDIVISION, 0 0 2 9 3 3 20 24.

THE REQUEST SUMMARY HERE, THE APPLICANT IS WEYERHAEUSER AND OUR COMPANY OR TIM JACKSON AND THE OWNER, UH, IS THE WEYERHAEUSER COMPANY.

THE LOCATION IS AT OR NEAR NC 43.

AND THE EXISTING ZONING CURRENTLY IS, UH, COMMERCIAL THREE OR C DASH THREE AND INDUSTRIAL ONE.

FOR I DASH ONE, THE SIZE IS 4.05 TOTAL ACRES.

AND JUST A QUICK OVERVIEW, UH, THE PROPOSED PLAN UNIT DEVELOPMENT IS FOR 48 SINGLE FAMILY ATTACHED TOWN HOMES.

THE SUBJECT PROPERTIES ARE CURRENTLY, AGAIN, ZONED C3 AND INDUSTRIAL ONE.

UM, THESE ARE BOTH ESTABLISHED, UH, AS A COMMERCIAL AND INDUSTRIAL ZONING DISTRICT PER THE LAND USE, OR EXCUSE ME, CITY, CITY OF NEW BERN LAND USE ORDINANCE.

AND THE PURPOSE FOR THE COMMERCIAL DISTRICT IS TO ESSENTIALLY, UH, ACCOMMODATE FOR OFFICES, PERSONAL SERVICES, RETAILING, UM, AND CONVENIENCE GOODS.

AND THE PURPOSE FOR THE INDUSTRIAL DISTRICT IS TO ACCOMMODATE FOR INDUSTRIES WHICH CAN BE OPERATED, UH, IN A RELATIVELY CLEAN AND QUIET MANNER.

UM, AND WHICH WILL NOT BE OBNOXIOUS TO ADJACENT, UH, RESIDENTIAL OR BUSINESS DISTRICTS.

UH, AND THE FIRST MAP HERE THAT YOU SEE IS THE VICINITY MAP, WHICH HIGHLIGHTS THE ACTUAL PARCELS INVOLVED.

THIS IS ALL INCLUSIVE TO ONE PARCEL THAT'S JUST SEPARATED.

SECOND MAP INCLUDES THE BUFFERING THAT WAS TAKEN FOR THE PARCEL ITSELF AND JUST HIGHLIGHTED IN BLUE THERE FOR THE MAILING AND THE NOTICE NOTIFICATIONS.

THE THIRD MAP IS THE AERIAL MAP, WHICH REFLECTS ESSENTIALLY WHAT'S THERE, UM, CURRENTLY, AND IT'S HIGHLIGHTED IN RED.

AND THE FOURTH MAP IS REFLECTIVE TO THE ACTUAL ZONING DISTRICTS, THE REDDISH COLOR INDICATING C DASH THREE.

AND THE KIND OF WHITEISH, UM, I GUESS CROSSED THERE IS TO INDICATE THE INDUSTRIAL.

AND HERE IS THE ACTUAL FLAT MAP, JUST, UH, SHOWING THOSE PROPOSED LOTS

[00:25:02]

AND STAFF'S EVALUATION.

ONCE AGAIN, UH, THE PROPOSED SUBDIVISION DOES MEET ALL REQUIREMENTS SET FORTH IN THE CITY OF NEW BERN'S LAND USE ORDINANCE, AND ALL COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE HAVE BEEN ADDRESSED.

AND AT THIS TIME, IF THE BOARD HAS ANY QUESTIONS, I'LL TAKE THOSE BOARD, HAVE ANY QUESTIONS FOR KENDRICK? ALL RIGHT, HEARING THEN WE'LL GO TO PUBLIC COMMENT ON THIS ITEM.

MR. I WILL START WITH MR. TOM DAVIS.

THANK YOU VERY MUCH FREE.

APPRECIATE THE OPPORTUNITY TO TALK TO YOU.

I'M A RESIDENT NORTH OF, UH, WEST UNION AND RIGHT ACROSS THE STREET FROM WHEN THIS IS GOING IN.

UH, I HAVE NOTED TODAY AND YESTERDAY WE'RE CLEARING THE LOT WITH ALL THE EQUIPMENT GOING ON.

SO MY QUESTION IS, FIRST QUESTION IS, WHEN IS INTENDED FOR THESE TO BE BUILT? IS THIS, HAVE THEY ALREADY BEEN APPROVED OR ARE THEY STILL HAVE TO BE APPROVED? IS THE, IS THE DEVELOPMENT HERE OR IS THE APPLICANT HERE TO ANSWER THAT QUESTION? YES, SIR.

MR. ANDERSON, SORRY, I APOLOGIZE.

I SHOULD HAVE GAVE YOU THE, UH, OPTION TO SPEAK, BUT, UM, GO RIGHT AHEAD.

SO THESE ARE INTENDED, UM, TO BE BILLED AT FIRST OF THE YEAR.

OKAY.

SO MORNING, I'M SCOTT ANDERSON, I'M THE ENGINEER FOR WAREHOUSE CLEARING ALREADY.

SO THEY, THE PLAN, ONCE THIS PLAN IS APPROVED, RIGHT NOW, THEY'RE, THEY'RE LOGGING, THEY'RE TENDERING CLEARING TO PREPARE FOR THAT.

UM, AND THEN AS SOON AS WE GET ALL THE PERMITS AND PLANS APPROVED, THEY'RE READY TO START CONSTRUCTION.

OKAY.

I I'M SORRY, CAN YOU PLEASE SPEAK INTO THE MICROPHONE? IT'S BEING RECORDED AND, AND ALL THAT.

THANK YOU.

I WAS BEEN OBSERVING THE, THE LOGGING ALL DAY TODAY AND I, THE WAY WE FOUND OUT ABOUT THIS WALKING, TAKING A WALK AND THERE'S A SIGN ABOUT THE SIZE OF THE SCREEN A ANNOUNCING, I'M LIKE, WHAT THE HELL IS GOING ON? UH, AND THEN THE NEXT DAY, I KNOW THAT LOG TRUCKS ARE OUT THERE CUTTING LOGS AND HAULING LOGS OUT RIGHT IN FRONT OF MY HOUSE.

AND I, WE JUST KIND OF INTERESTED TO WATCH, BUT, AND IT SEEMS TO ME THAT 48 UNITS IN THE FOUR ACRES OF LANDS ARE FAIRLY TIGHT ACCESS.

NOW ONE OF THE PROBLEMS THAT I SEE WITH A NOTE HERE, IT SAYS IT'S COUNTY HUNT COUNTY LINE ROAD ISN'T COUNTY LINE ROAD OVER CLOSE TO, UH, UH, PERRY TOWN ROAD, I MEAN, SO OTHER END OF THE COUNTY.

SO I JUST WANNA BE SURE YOU REALIZE WHERE YOU BEEN WITH THIS, WHERE THIS PROJECT'S GOING IN, IT'S NOT GOING IN TOWARD HAVELOCK, IT'S GOING IN TOWARD KINSTON, MAKE A DIFFERENCE.

I DON'T SEE COUNTY ROAD, I DON'T SEE COUNTY DIVERSION.

CAN YOU BE SPECIFIC AS TO WHERE YOU'RE REFERRING TO? COUNTY LINE ROAD, PLEASE? WELL, IF YOU GO OVER THIS, SOMETHING CALLED I THINK BAY, OH, I'M TALKING ABOUT WHERE YOU, IS THERE A DOCUMENT SAYING THAT IT'S BEING PROPOSED THERE? RIGHT HERE IT SAYS LOCATION AVENUE COUNTY LINE, COUNTY LINE ROAD ON THE DOCUMENT, UH, YES, IT IS ON, THAT IS ON THE AGENDA, WHICH IS NOT ANYWHERE NEAR WHERE THIS PROJECT IS.

AND ALSO IT BACKS UP TO HIGHWAY 43 AND THERE'S A LOT OF NOISE FROM HIGHWAY 43 NOW WHERE THE SCHOOL'S GOING TO GO, WHERE IT GOES UP, AND THERE'S NO TREES IN THAT PART.

SO ONE OF THE CONCERNS I HAVE ABOUT THIS IS THE, THE NOISE FROM THE TRAFFIC.

AND I KNOW WE JUST CUT THE SAW, THE SAW MILLS BEING CLOSED, BUT THERE'S A LOT OF LOG TRUCKS THAT COME DOWN THERE AND THEY, AND WHEN THEY'RE COMING BACK THE OTHER WAY, THEY ON THE JAKE BRAKE WHEN THEY'RE GOING OUT UP THE UP THE HILL, THEY'RE PRETTY WELL GOT THE POWER ON.

SO YOU HEAR THE TRUCKS NOW FROM DOWN THERE WHEN YOU TAKE THE TREES OUT, IT'S GONNA BE SITTING ON THE HIGHWAY.

THANK YOU.

YES SIR.

THANK YOU.

UM, MY APOLOGIES TO THE APPLICANT.

I SHOULD HAVE LET YOU SPEAK BEFORE PUBLIC COMMENT IS, DO YOU HAVE ANY COMMENTS TO MAKE SURE FOR THIS? UM, AGAIN, MY NAME'S SCOTT ANDERSON.

I'M WITH ART CONSULTING GROUP.

WE'RE THE ENGINEER FOR WAREHOUSER FOR THIS PROJECT.

UM, AGAIN, THIS IS 48 UNITS.

UM, THESE ARE ATTACHED SINGLE FAMILY UNITS ARE WHAT PEOPLE TYPICALLY REFER TO AS TOWN HOMES.

UM, SO THESE UNITS ARE SET UP SO THAT THE FRONTS OF THE UNITS WILL FACE CLOCK ROAD AND, UM, BAYARD GLUTEN WAY IN THE BACK.

AND THEN THEY'LL HAVE GARAGE ACCESS OFF OF, UM, ARROWWOOD ALLEY.

UM, THAT RUNS IN THE, BETWEEN THE SETS OF LOTS.

SO THESE ARE VERY SIMILAR TO WHAT'S ACROSS THE STREET.

UM, STYLE AND CHARACTER OF THESE WILL BE VERY SIMILAR TO WEST NEW AND PHASE ONE.

UM, AGAIN, THIS IS KIND OF CREATES A NICE TRANSITION FROM THE COMMON APARTMENTS, UM, THAT ARE LOCATED JUST TO THE SOUTH.

UM, AND THE FUTURE SCHOOL THAT'LL BE LOCATED TO THE NORTHEAST.

UM, AS YOU CAN SEE ON THE MAP, THIS DOES NOT GO ALL THE WAY TO 43.

UM, IT'S ONLY LAID OUT TO GO ABOUT HALFWAY TO 43.

SO THERE WILL BE ROOM FOR FUTURE DEVELOPMENT ADJACENT TO 43.

UM, BUT AGAIN, 48 LOTS, UM, FOUR ACRES AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

DOES BOARD

[00:30:01]

HAVE ANY QUESTIONS FOR THE APPLICANT? I HAVE A COMMENT.

I WALL TO WALL ACROSS THE STREET.

WE HAVE LOTS, BOTH SIDES.

YES, SIR.

THANK YOU MUCH SIDE THE THANK YOU, SIR, APPRECIATE IT.

UM, NEXT FIRST, HEY SCOTT, REAL QUICK, UM, A QUESTION FOR YOU.

YES.

IF, UM, MEMBERS OF THE PUBLIC HAVE QUESTIONS OR WANT MORE INFORMATION, IS THERE A WAY THAT WE CAN DIRECT THEM TO A, A WEBSITE OR A POINT OF CONTACT FOR THOSE? YEAH, SO, UM, MY CONTACT INFORMATION IS ON THE PLANS THAT ARE INCLUDED IN YOUR AGENDA PACKET.

UM, SO THAT'S THE EASIEST WAY FOR THEM TO FIND MY CONTACT INFORMATION.

UM, BUT I'LL BE HAPPY TO ANSWER AND GIVE MY CONTACT INFORMATION OUT TONIGHT.

OKAY, YEAH, NOTED FOR THOSE IN THE AUDIENCE, YOU MIGHT HAVE QUESTIONS THAT ARE BEST FOR THE DEVELOPER COPY OF THAT.

SURE.

ALRIGHTY.

THANK YOU MUCH.

UM, CAN I ASK A QUESTION? SURE, ABSOLUTELY.

IS THERE ANY INDICATION ON THESE PLANS AS, I MEAN YOU MEN, YOU MADE THE, THE STATEMENT THAT IT ONLY GOES PARTWAY FROM CLOCK ROAD UP TO 43.

DO I HAVE TO ACTUALLY MEASURE IT BY LOOKING AT THIS FOR, I MEAN, HOW WOULD I MEASURE? IF YOU GO BACK UP TO THE COVER SHEET, SO THAT SHOWED THE GRAY AREA IS THE AREA THAT WE ARE, UM, PROPOSING THIS FOUR ACRES.

UM, SO YOU SEE CLOCK ROAD TO THE SOUTH OF THE DARK GRAY AREA.

UM, THE ROAD TO THE RIGHT IS A FUTURE, RIGHT? UM, STREET THAT'S BETWEEN US AND WHAT WILL BE DALEY'S ACADEMY AND THEN HIGHWAY 43 AT THE TOP.

OKAY.

BUT YEAH, THIS, THIS PICTURE WASN'T IN OUR PACKET, SO THAT'S WHY I WAS CONFUSED, BUT THANK YOU FOR CLARIFYING THAT.

ALL RIGHT.

UH, ELENA ROSS PASS PASS.

UM, PEARSON, KRISTEN PASS PASS.

OKAY, I WILL OPEN IT UP TO THE BOARD FOR DISCUSSION ON THIS ITEM.

HEARING NONE, I'LL ENTERTAIN A MOTION ON THIS ITEM.

I MAKE A MOTION WE RECOMMEND TO THE BOARD OF ALDERMAN TO APPROVE ITEM FIVE C WEST NEWBURN TOWN HOMES.

Y'ALL APPROVE IT GENERAL? YEAH, WE APPROVE NOT THE BOARD.

WELL, DON'T WE RECOMMEND? OH, WE APPROVE.

WE DON'T RECOMMEND TO THE BOARD OF ALDER ROOM? NO, SIR.

OKAY.

I RECOMMEND WE APPROVE ITEM FIVE FIVE C WEST NORTHERN TOWN HOMES SECOND.

ALRIGHT, I HAVE A MOTION AND A SECOND.

ANY DISCUSSION ON THIS ITEM? NO.

HEARING NONE.

ALL THOSE IN FAVOR SAY AYE.

AYE.

ALL OPPOSED? MOTION CARRIES.

ALRIGHT, ITEM NUMBER

[V.D. Lucas Land Company, LLC Rezoning]

FIVE D LUCAS LANE COMPANY LLC REZONING.

ALL RIGHT, THIS IS, UH, THE REZONING HERE IS FOR REZONING 0 0 2 9 2 5 20 24.

THIS IS THE LUCAS LAND COMPANY, LLC REZONING.

AND THE REQUEST SUMMARY HERE, THE APPLICANT IS PRESTON LUCAS, THE OWNERS IS UH, OR OWNER IS LUCAS LAND COMPANY LLC.

THE LOCATION IS 5 97 WASHINGTON POST ROAD AND THE CURRENT ZONING IS AGRICULTURE FIVE OR A DASH FIVE.

AND THE PROPOSED ZONING IS RESIDENTIAL SIX OR R DASH SIX.

THE PARCEL IDENTIFICATION NUMBER IS EIGHT DASH 2 2 2 4 6.

AND BESIDES CURRENTLY IS UH, 6.96 TOTAL ACRES, THE AGRICULTURE FIVE OR EIGHT DASH FIVE ZONING.

DISTRICT ANALYSIS HERE TO GIVE A GENERAL GENERALIZATION, I'M JUST GONNA KIND OF DO SOME, UH, CLIFF NOTES.

BUT THE A FIVE AGRICULTURAL DISTRICT, IT'S DESIGNED TO SECURE THE AGRICULTURAL INTEGRITY OF AREAS SO CLASSIFIED AND TO ALLOW FOR LOW DENSITY SINGLE FAMILY DEVELOPMENT, UM, ON FIVE ACRE MINIMUM LOTS.

UM, THIS ALSO ENCOURAGES CONSERVATION OF THE AREAS EXISTING AGRICULTURAL AND FORESTRY RESOURCES AND TO PROMOTE FURTHER EXPANSION OF THESE LAND RELATED RESOURCES.

UM, THE, I GUESS TO PROHIBIT NECESSARILY NON-AGRICULTURAL AND NON FORESTRY RELATED COMMERCIAL AND INDUSTRIAL USES, UH, THAT WOULD BE KIND OF THE OPPOSITE NECESSARILY.

SO, UM, AND THE LAST THING, IT'S TO DISCOURAGE ANY USE WHICH WOULD, UH, OR EXCUSE ME, WHICH BECAUSE OF ITS CHARACTER OR SIZE THAT WOULD CREATE REQUIREMENTS FOR COST AND PUBLIC SERVICES SUCH AS POLICE AND FIRE PROTECTION.

AND THE RESIDENTIAL SIX ZONING DISTRICT ANALYSIS, UM, ESSENTIALLY IS

[00:35:01]

DESIGNED TO ACCOMMODATE FOR SINGLE, UH, TWO AND MULTI-FAMILY DWELLINGS WITH 6,000 SQUARE FEET MINIMUM LOTS FOR ONE DWELLING AND 2000 UH, SQUARE FEET REQUIRED FOR EACH ADDITIONAL UNIT.

THIS IS TO ENCOURAGE CONTINUED USE OF THE LAND FOR RESIDENTIAL PURPOSE.

UM, THIS IS TO PROHIBIT ESSENTIALLY COMMERCIAL AND INDUSTRIAL USE, EXCUSE ME, REUSES OF THE LAND TO ALSO PROHIBIT ANY OTHER USE WHICH WOULD SUBSTANTIALLY INTERFERE WITH THE DEVELOPMENT OR CONTINUATION, UM, OF A RESIDENTIAL STRUCTURE IN THAT DISTRICT.

AND THE USE COMPARISON, UM, I WON'T GO DOWN THE WHOLE ENTIRE LIST HERE, I'LL ALLOW FOR YOU TO KIND OF VIEW IT YOURSELF, BUT YOU HAVE A USE COMPARISON FOR AGRICULTURE FIVE AND ALSO RESIDENTIAL SIX.

AND THIS IS JUST USES THAT ARE TAKEN FROM OUR TABLE OF PERMISSIBLE USES WITHIN THE CITY OF NEW BURNS LAND USE ORDINANCE.

UM, AND IT'S JUST TO GIVE YOU A COMPARISON AND UNDERSTANDING.

SO, AND THE FIRST MAP HERE THAT YOU SEE IS ACTUALLY THE VICINITY MAP, WHICH IS HIGHLIGHTED IN RED.

UH, THIS IS FOR THE ENTIRETY OF THE PARCEL.

AND THEN YOU HAVE THAT FOLLOWED BY THE BUFFER MAP, WHICH ALSO TAKES THE EXTERIOR THERE, UH, JUST TO SHOWCASE THE MAILINGS AND THE NOTIFICATIONS.

AND THAT'S FOLLOWED BY THE AERIAL MAP, WHICH IS JUST TRYING TO GIVE YOU AN UNDERSTANDING AS TO WHAT'S ON THE GROUND.

AND LASTLY, THE ZONING MAP HERE IS TO INDICATE THE CURRENT ZONING DISTRICT, WHICH IS THE AGRICULTURE FIVE, UH, OR EIGHT DASH FIVE ZONING DISTRICT.

AND THE ACTION NEEDED BY THE BOARD ESSENTIALLY IS JUST TO ADOPT A CONSISTENCY STATEMENT, UM, AND RECOMMENDATION FOR THE BOARD OF ALL OF THEM.

BUT IF THE BOARD HAS ANY QUESTIONS, I'LL TAKE THOSE BOARD.

HAVE ANY QUESTIONS FOR KENDRICK? KENDRICK? AND ONE OF THE KEY ISSUES HERE IS THAT THE IS LANDLOCKED PIECE OF LAND, YOU ARE CORRECT AND THE APPLICANT, WE DID DISCLOSE AND HAVE A CONVERSATION ABOUT THAT HE IS FULLY UNDERSTANDING THAT IT IS LANDLOCKED.

I THINK THAT WAS A COMMENT FROM NOT ONLY THE PLANNING SIDE, BUT ALSO UH, FIRE IF I'M NOT MISTAKEN.

AND BASICALLY, FROM WHAT I UNDERSTAND, THERE'S AN EASEMENT THAT IS TO BE WORKED OUT OR AN AGREEMENT, UH, TO ACCESS THAT PROPERTY, BUT I COULD LET THAT FROM WHERE SPEAK I, I'VE LET THE APPLICANT SPEAK MORE ADDITIONALLY ON THAT.

UM, AND I DON'T KNOW IF YOU WANT IT TO HAPPEN COME UP, BUT I BELIEVE HE'S HERE, SO, YEAH, SURE.

UH, PRESTON, AND I APOLOGIZE.

I SEE NOW THAT YOU'RE THE PROPERTY OWNER AND I'VE CALLED YOU TWICE ABOUT THIS .

SORRY.

ALRIGHT, HOW'S EVERYBODY DOING? MR. PRESTON? NICE TO MEET YOU GUYS.

UM, SO YOU CAN JUMP RIGHT INTO IT.

I KNOW YOU MENTIONED THAT THE PROPERTY MAY BE LANDLOCKED.

SO THERE IS A CURRENT EASEMENT, UM, GOING TO THE PROPERTY, UH, DEEDED EASEMENT THAT'S RECORDED WITH THE, UH, REGISTER OF DEEDS, OUR RECORD OF DEEDS.

UM, WE DID AND, UH, REQUEST AN ADDITIONAL EASEMENT.

WELL, IT'S ALREADY CONFIRMED AT THIS POINT, 50 FOOT EASEMENT COMING FROM THAT SAME PROPERTY.

SO WE'LL HAVE, UH, TWO EASEMENTS, UH, LEADING INTO THE PROPERTY.

CAN YOU INDICATE WHERE THOSE EASEMENTS ARE, PRESTON FOR US? HI, MY NAME'S ATLANTA ROSS.

I'M A BROKER FOR PRESTON, UH, TO SELL THE PROPERTY.

I DID BRING IN DOCUMENTATION FROM REGISTERED DEEDS AND, UH, ILLUSTRATION OF WHERE THE CURRENT EASEMENT IS ON SURVEY AND WHERE THE PROPOSED EASEMENT WILL GO.

SO IF I COULD PASS THESE TO YOU, I'D BE HAPPY TO SHARE.

I BROUGHT 10 COPIES.

THANK YOU.

SO WHILE THEY'RE BEING PASSED OUT QUICKLY, PAGE ONE IS ACTUALLY EXHIBIT A FROM THE CURRENT DEED.

I DIDN'T PRINT THE ENTIRE DEED.

IT TALKS ABOUT TWO SEPARATE EASEMENTS.

I'VE ATTACHED BOTH SURVEYS FOR BOTH OF THOSE EASEMENTS.

THE FIRST EASEMENT EXISTING IS A 30 FOOT EASEMENT ONTO WASHINGTON POST ROAD.

UM, THIS SECOND EASEMENT IS A 20 FOOT EASEMENT THAT GOES OUT TO WEST PLEASANT HILL ROAD.

THERE ACTUALLY IS TWO EXISTING EASEMENTS TO THIS PARCEL OF LAND.

THE OWNER, UM, THE OWNER OF LOT ONE, TWO, AND THREE LIVES THERE.

ORIGINAL EASEMENT OF 30 FEET WOULD GO RIGHT BY HIS DOOR OF HIS HOUSE.

WHEN HE SOLD THE LAND TO MR. LUCAS, HE REQUESTED THE EASEMENT BE RELOCATED.

THE LAST

[00:40:01]

DOCUMENT I GAVE YOU IS APPROXIMATE WHERE THAT 50 FOOT EASEMENT WOULD RELOCATED ON THAT FRONT PARCEL OF ONE, TWO, AND THREE.

WE BELIEVE A 50 FOOT EASEMENT WITH BETTER SURFACE PARCEL THAN A 30 FOOT FOR FIRE EMS UTILITIES.

PLUS IT WOULD BE A STRAIGHT LINE EASEMENT.

CURRENTLY WE HAVE A, A VERY ZIGZAG EASEMENT GOING BACK TO THIS PARCEL OF LAND, WHICH IS DOABLE, BUT NOT REALLY A GREAT IDEAL SITUATION.

RIGHT.

THERE ALSO IS A DIAGRAM THERE OF A CURRENT HOMEOWNER ON LOT ONE'S HOME, AND YOU CAN SEE HOW CLOSE THAT EASEMENT WILL GO PAST HIS DOOR.

BASED ON THE SURVEYS I'VE SUBMITTED, MR. LUCAS DOES HAVE IN THE WORKS, THE SURVEYOR READY TO PUT THE 50 FOOT EASEMENT IN.

WE HAVE ANY OTHER QUESTIONS? NO.

ANY QUESTIONS? CAN WE GO BACK TO KENDRICK? ABSOLUTELY.

THANK YOU, SIR.

WE APPRECIATE YOUR TIME.

OKAY, THANK YOU.

ALL RIGHT.

I'LL OPEN IT UP TO, UM, GENERAL DISCUSSION WHERE WE CAN TALK TO THE CITY STAFF.

KENDRICK, THE QUESTION THAT ARISES IT, WE'RE TALKING ABOUT R SIX ZONE, WHICH IS AS DENSE AS A RESIDENTIAL ZONE AS WE HAVE, RIGHT.

WHICH EVEN ALLOWS MOBILE HOME PARKS AS I RECALL IT, IT DOESN'T ALLOW FOR MANUFACTURE HOME PARK, IT ONLY ALLOWS FOR, UM, TYPE A MANUFACTURE HOMES, WHICH ESSENTIALLY IS A DOUBLE WIDE.

OKAY.

BUT IT ALSO, YOU HAVE TO SEPARATE THOSE LOTS IN ORDER TO DO THAT.

BUT REGARDLESS THAT IT'S AS DENSE AS IT GETS IN, IN OUR ZONING, CURRENT ZONING ORGANIZATION WITH THAT TYPE OF DENSITY ON THAT PARCEL OF LAND, DOES A 50 FOOT ROAD EASEMENT QUALIFY FOR THE TYPE OF ROAD DESIGNATION THAT WOULD BE REQUIRED TO HANDLE THAT TRAFFIC? THAT'S A GOOD QUESTION.

FOR PUBLIC WORKS, UM, BEING AS HONEST AS I CAN, I, I CAN'T ANSWER THAT QUESTION DEFINITIVELY JUST BECAUSE THAT'S REALLY OUTSIDE OF MY PURVIEW.

UM, FOR THE REZONING APPLICATION, WE DON'T KNOW WHAT TYPE OF USE MAY BE ESTABLISHED THERE.

WE DON'T KNOW THE TRAFFIC IMPACTS THAT MAY COME ABOUT.

UM, IF THAT'S INTRODUCED, I WOULD SAY AN APPLICATION TO BE, JUST DEPENDING ON WHAT IS SUBMITTED, IT'LL BE VETTED THOUGH THROUGH THE PUBLIC WORKS, UH, AGENCY BEFORE ANYTHING WERE TO GO FORWARD.

THEY'RE A PART OF OUR DEPARTMENT ON MM-HMM.

.

SO IN OTHER WORDS, IF SOMEONE SUBMITTED THAT TYPE OF PRODUCT THAT YES, MA'AM GO BACK THROUGH.

OKAY.

THAT'S CORRECT.

ANY TYPE OF USE THAT WOULD GET SUBMITTED, REGARDLESS OF WHAT THAT MAY SPECIFICALLY BE AT THAT TIME, THERE'LL BE SOME TYPE OF APPLICATION PROCESS TO WHERE WE CAN UNDERSTAND AND ASSESS WHAT THAT IS.

AND TYPICALLY, DRC IS GONNA BE INVOLVED WITH THAT.

OKAY.

KENDRICK, WOULD THE OWNER ALSO HAVE THE OPTION OF PURSUING A SPECIAL USE PERMIT IF THEY WANTED SOME ITEMS THAT QUALIFIED UNDER R SIX WITHOUT THE APPROVAL OF THIS REZONING? UM, SO IF THEY, IF YOU ELECT TO NOT, OR IF THIS ESSENTIALLY THIS REZONING DOES NOT BE OR NOT GET APPROVED, THEY WOULD NOT HAVE THAT OPTION.

THIS PROPERTY CURRENTLY IS STILL EIGHT DASH FIVE, SO IT WOULD HAVE TO TRANSITION AND ACTUALLY BE, UH, ESSENTIALLY THE BOARD OF ALDERMAN WOULD HAVE TO GIVE OR ISSUE AN APPROVAL FOR THE ACTUAL REZONING TO TAKE PLACE PRIOR TO THEM GETTING ACCESS TO DO A SPECIAL USE PERMIT IN RF SIX, IF THAT MAKES SENSE.

OKAY.

UM, SO AN ALLOWABLE SPECIAL USE PERMIT UNDER A DASH FIVE, THEY COULD DO THAT RIGHT NOW.

OKAY.

AND I KNOW WE'RE NOT GETTING INTO THE SPECIFIC USE OF THE PROPERTY.

RIGHT.

UM, SO I GUESS THAT'S JUST SORT OF A, THE CONSIDERATION FOR THE APPLICANT, RIGHT? I WAS GONNA SAY THE, THE BEST WAY TO UNDERSTAND IT IS ANYTHING THAT'S PERTINENT TO THAT ZONING DISTRICT YOU WOULD WANT TO UNDERSTAND CAN BE, UM, PLACED IN THAT DISTRICT DEPENDING ON WHETHER THAT'S A DASH FIVE OR IF IT TRANSITIONS TO R DASH SIX.

SO YOU HAVE SOME USES THAT ARE ALLOWED BY RIGHT.

AND SOME USES THAT REQUIRE A SPECIAL USE PERMIT DEPENDING ON WHAT ZONING DISTRICT IT IS, ALL THOSE USES THAT YOU SEE ON THE TABLE, THEY HAVE ACCESS TO, WHETHER IT'S CURRENT OR IT TRANSITIONS, THEN THEY HAVE R DASH SIX AND, AND WE'RE NOT SUPPOSED TO CONSIDER THE, THE USE THAT HE'S PROPOSING, BUT THE USE THAT HE IS PROPOSING IS ALLOWED UNDER A DASH FIVE.

WELL, I, I DON'T KNOW THE SPECIFIC USE.

AND IF THE

[00:45:01]

INTENT BY THE APPLICANT IS FOR A MANUFACTURED HOME PARK, WHICH I'M NOT SUGGESTING, UM, WE REALLY WON'T KNOW UNTIL AN ACTUAL APPLICATION COMES IN.

SO YOU GOTTA BE CAREFUL NOT TO UNDERSTOOD, GO DOWN THAT ROUTE BECAUSE WE, YOU GOTTA CONSIDER ALL THE USES UNDERSTOOD.

ANY MORE DISCUSSION OR QUESTIONS FROM KENDRICK.

BUT BASICALLY IF YOU GO FROM A DASH FIVE TO R DASH SIX, CLASS B MANUFACTURED HOMES AND MOBILE HOME PARKS ARE NOT ALLOWED IN R DASH SIX.

YOU'RE CORRECT.

NOR ARE, UH, SINGLE FAM, SINGLE FAMILY ATTACHED HOUSES ARE NOT ALLOWED IN A DASH FIVE BUT ARE ALLOWED IN R DASH SIX.

RIGHT.

AND THAT'S BASICALLY WHAT I'M SAYING IN THAT RESPECT IS THAT THERE'S A VARIETY OF USES IN THE COMPARISONS BETWEEN THE TWO DIFFERENT DISTRICTS IS KIND OF WHAT I TRY TO PRESENT TO YOU, JUST TO SHOW YOU THAT FROM A DASH FIVE THERE'S CERTAIN USES THAT ARE AUTHORIZED, WHETHER IT BE BY SPECIAL USE OR PERMITTED BY RIGHT.

AND THEN YOU HAVE R DASH SIX, WHICH ALSO HAS CERTAIN USES THAT ARE AUTHORIZED SPECIAL USE OR PERMITTED BY RIGHT.

THAT THEY MAY NOT BE ALLOWED IN EACH OTHER OR ON THE OPPOSITE SIDE.

SO, BUT ALL USES FOR THAT DISTRICT, DEPENDING ON WHAT ITS ZONING DISTRICT ARE GONNA BE IN PLAY.

AND FOR US, LOOKING AT THIS PARCEL, THERE'S EXISTING RESIDENTIAL AND THEN THERE'S EXISTING AGRICULTURE LAND.

SO IT'S NOT AN OUTLIER NECESSARILY EITHER WAY.

CORRECT.

AND THERE IS R ADJACENT TO IT, A LOT OF R 20 ALSO, RIGHT? YES.

THERE'S MORE R 20 AND A FIVE THAN THERE IS A, UH, R SIX ADJACENT TO IT.

THERE IS QUITE A BIT BOARD.

HAVE ANY OTHER QUESTIONS? OKAY.

OR ANY OTHER, UH, DISCUSSION ON THIS ITEM? NO.

HEARING NONE, I WILL ENTERTAIN A MOTION ON THIS ITEM.

AND MR. CHAIR, JUST IN THE SPIRIT OF BEING HELPFUL, SINCE THIS IS A REZONING, THIS IS A RECOMMENDATION AND IN THE MOTION, UM, YOU'LL NEED TO MAKE A DETERMINATION ABOUT WHETHER THIS APPLICATION IS CONSISTENT, UM, WITH THE CITY LAND USE PLANS ADJACENT, USES REASONABLE, AND IN APPROPRIATE INTEREST.

OKAY.

AGAIN, I'LL ENTERTAIN A MOTION.

I CAN'T MAKE IT SO DOESN'T, DOESN'T THE ITEM DIE? LACK OF ALERT.

I, YOU KNOW, I HAVE NEVER HAD, I HAVE NOT HAD THIS PROBLEM.

THAT'S A AS CHAIR FOR A CITY ATTORNEY.

THAT WOULD BE AN EXCELLENT QUESTION FOR THE CITY ATTORNEY.

SO ARE, ARE WE IN A POSITION WHERE THE BOARD IS NOT GOING TO TAKE ACTION? IS THAT WHERE WE'RE, I MEAN, I'M PREPARED TO WAIT, BUT, UM, I, I, IT SEEMS TO BE WE ARE IN THAT POSITION.

NO ONE WANTS TO MAKE A MOTION EITHER FOR OR AGAINST.

SOMEBODY WOULD STILL HAVE TO MAKE A MOTION TO TABLE OR CONTINUE THIS ITEM.

MM-HMM.

.

SO SOMEBODY STILL HAS TO MAKE A MOTION.

OKAY.

SO THERE'S AN OPTION AND THERE ALSO HAS TO BE A REASON FOR TABLING AND CONTINUING THIS ITEM.

WELL, I'LL MAKE A MOTION THAT WE RECOMMEND TO THE BOARD OF ALDERMAN APPROVAL OF THE ZONING TEXT, UM, AND THAT THIS IS CONSISTENT

[00:50:01]

WITH THE COMPREHENSIVE LAND USE PLANS.

OKAY.

WE CAN DO THOSE TOGETHER.

I'M SORRY.

IT'S CONSISTENT.

UH, AND RECOMMEND WE CAN DO THAT IN ONE MOTION.

YES.

OKAY.

I HAVE A MOTION TO RECOMMEND.

DO I HEAR A SECOND? I'LL SECOND THAT I HAVE A MOTION AND A SECOND.

IS THERE ANY DISCUSSION ON THE MOTION? ALL RIGHT.

I LIKE, I, I GUESS, I GUESS, I MEAN, THIS IS A TOUGH ONE, RIGHT? I MEAN, BECAUSE YOU'RE RIGHT UP AGAINST R SIX AS, AS KIP MENTIONED, RIGHT? SO YOU HAVE IT ON THAT SIDE, BUT YOU'VE GOT ALL KINDS OF AGRICULTURAL LAND AROUND IT AND R 20 ON EITHER END.

SO SIMILAR TO OTHER THINGS WE HAVE THAT HAVE, HAVE BEEN BROUGHT BEFORE US, UH, I MEAN, THIS IS A TOUGH ONE BECAUSE YOU'RE RIGHT ON THE EDGE.

IF IT WAS OUR, IF THE PARCEL WAS ALREADY OUT TO WASHINGTON POST ROAD AND WE'RE TALKING ABOUT, YOU KNOW, ADDING ONTO A DEVELOPMENT, THAT WOULD BE AN EASIER QUESTION.

IN THIS PARTICULAR CASE, YOU KNOW, WE'RE TALKING ABOUT GENERATING AN EASEMENT THAT'S NOWHERE CLOSE TO THE EXISTING R SIX AND THEN PUTTING R SIX IN THERE WHEN R TWENTIES ON EITHER SIDE, AND YOU'VE GOT AGRICULTURAL, I MEAN, THIS IS, AT LEAST FOR ME, THIS IS DIFFICULT WITH CONSIDERATION TO REZONINGS, WHETHER OR NOT IT HAS ACCESS TO ROADS OR UTILITIES ISN'T NECESSARILY THE QUESTION.

IT IS WHETHER OR NOT THIS IS CONSISTENT WITH THE LAND USE PLANS, THE ORDINANCE STANDARDS, UH, ALSO DON'T APPLY NECESSARILY.

IT'S, IT'S THE PLANS AND THEIR CONSISTENCY AS WELL AS, UH, A GOOD QUESTION TO ASK IS, IS THIS A LOGICAL OUTGROWTH? WHEN YOU MENTIONED THAT IT IS ALREADY ADJACENT TO R SIX, A LOT OF TIMES IN, IN OTHER MUNICIPALITIES AND COUNTIES LAND USE MAPS, UH, THERE WILL BE A TRANSITIONAL ZONE.

UH, THE ISSUE WITH THIS IS THAT IT CURRENTLY HAS A HARSH TRANSITION FROM R SIX TO A FIVE IN THE FIRST PLACE.

UH, SO IF YOU CAN LOGICALLY, UH, COME TO A CONSENSUS FOR YOUR MOTION, UH, I WOULD, I WOULD RECOMMEND BASING IT OFF THE PLANS AS WELL AS WHAT IS ON THE GROUND FOR DEVELOPMENT PATTERNS, RIGHT? BUT AS I MENTIONED, YOU'RE TALKING ABOUT SOMETHING THAT ISN'T AN OUTGROWTH OF THE EXISTING, BY ITS DEFINITION, IT IS NOT AN OUTGROWTH OF THE EXISTING R SIX DEVELOPMENT THAT'S THERE.

AND THE, AND THE EASEMENT THAT'S BEING DISCUSSED IS FAR AWAY FROM THE EXISTING R SIX.

SO, YOU KNOW, IT'S NOT AS, YOU KNOW, TO YOUR WORDS, IT'S NOT TO ME, IT'S NOT A NATURAL EXTENSION TO WHAT'S ALREADY THERE.

I GUESS THAT'S WHERE I'M HAVING SOME DIFFICULTY.

ANY MORE DISCUSSION ON THE MOTION AT HAND? ALL RIGHT.

AND ON THESE CIRCUMSTANCES, I LIKE TO CALL FOR A ROLL CALL VOTE.

SO KENDRICK, CAN YOU DO THAT FOR US PLEASE, SIR? SO WE'RE GONNA START OFF WITH, UH, BOARD MEMBER KYLE DEER? YES.

OKAY.

BOARD MEMBER DANIELLE PEEPLES? YES.

UH, BOARD MEMBER KIPP PARAGO? NO.

AND THEN CHAIRMAN BRAD JEFFERSON? YES.

BOARD MEMBER RUSTY INGRAM? NO.

BOARD MEMBER KELLY KAISER? YES.

BOARD MEMBER THOMAS BROWNELL? YES.

AND BOARD MEMBER MARSHALL BOWER? YES.

WHAT'S MY COUNT THERE? KENDRICK SIX.

YOU'VE GOT SIX TWO.

OKAY.

MOTION PASSED.

[VI. COMMENTS]

ALL RIGHT, WE'RE GONNA GO TO PUBLIC COMMENT AND THEN WE'LL DO RULES AND PROCEDURES.

DOES ANYONE HERE WANNA MAKE A PUBLIC COMMENT FOR THREE MINUTES? WENDY, HOW ABOUT IT? THANK YOU.

I'M, I'M JUST TRYING TO GET A BETTER UNDERSTANDING, SO I APPRECIATE YOUR PATIENCE.

UM, I'M LOOKING AT THE LAND USE PLAN, THE UPDATE AND THE ACTUAL UNDEVELOPED AND UNRESTRICTED LAND.

IT'S SHADED IN THE DIFFERENT AREAS.

AND PLANNER'S RIDGE, THAT WHOLE LINE OF RESIDENCE, I'M NOT ONE OF 'EM.

OKAY.

UM, THAT'S, THEY'RE ALL HOUSES ON THE OTHER SIDE.

IT'S NOT, WELL, IT IS ZONED AGRICULTURAL, BUT AS FAR AS I AM, AS I, AS MY UNDERSTANDING IS IT'S A POWER LINE, THE DUKE ENERGY POWER LINE.

SO HOW IS THAT AGRI? WELL, IT'S ZONED AGRICULTURE, SO WHEN I HEAR, YOU KNOW, PART IS R SIX OR RESIDENTIAL, AND THE OTHER IS AGRICULTURE, I THINK FARMS OR SOMETHING, YOU KNOW, IT'S ACTUAL POWER LINE THAT, THAT IS ON THE OTHER SIDE OF THIS.

SO I DON'T KNOW IF THE BOARD IS AWARE.

I'M JUST LETTING YOU KNOW

[00:55:01]

AS LOOKING AT THE LAND USE PLAN.

JUST WANTED TO LET YOU OKAY.

NO, THANK, THANK YOU.

THANK YOU.

ALL RIGHT.

ANYBODY ELSE HAVE ANY PUBLIC COMMENT? ALRIGHT, HEARING NONE, I'M GOING TO REOPEN, UH, MY CHAIRMAN'S REMARKS AND WE'RE GONNA TALK ABOUT RULES AND PROCEDURES, AND I WILL TRY TO BE BRIEF FOR EVERYONE'S TIME.

UM, QUICKLY, UH, THE HISTORY FOR THE NEW BOARD MEMBERS, UH, WHEN I TOOK OVER AS CHAIR ABOUT A YEAR AGO, UH, CAME TO MY ATTENTION, UM, THAT THERE WASN'T ANY RULES AND PROCEDURES ON HOW TO CONDUCT A MEETING.

I THOUGHT THAT WAS INTERESTING.

AND, UH, THEN A FEW MONTHS LATER, WE HAD A CHANGE IN STAFF AND WE SEEMED LIKE EVERY MEETING WE WERE CHANGING HOW WE WERE RUNNING THE MEETING, AND I DIDN'T THINK THAT WAS THE RIGHT WAY OF DOING IT.

SO, UH, SO I ASKED, UH, YOU KNOW, CAN WE DO RULES AND PROCEDURES? UH, CITY STAFF SAID, SURE, WE JUST DON'T HAVE 'EM AND WE CAN DO 'EM.

SO WE STARTED DOWN THIS ROAD IN FEBRUARY, MARCH TIMEFRAME, SOMETHING LIKE THAT.

UM, WE'VE HAD SEVERAL, UM, WE WOULD GET 'EM HERE AND THEN WE'D WANNA MAKE A CHANGE OR I FORGOT SOMETHING OR WHATEVER.

AND SO WHAT YOU HAVE IN FRONT OF YOU, UM, AND UH, BEFORE I DO THAT, I WANNA APOLOGIZE FOR THE MIX UP ON THE, UM, PACKET.

UM, THAT'S, UH, MY FAULT.

UM, WE WERE HAVING A DISCUSSION ABOUT THESE RULES AND SOMEHOW OR ANOTHER, THE VERSION HISTORY GOT SOMEBODY GOT THE WRONG VERSION AND, UH, AND I DIDN'T SEE IT UNTIL WEDNESDAY.

UM, AND THAT'S ON ME.

I NEED TO DO A BETTER JOB OF LOOKING AT THAT.

UM, SO QUICKLY AFTER READING YOUR EMAIL THE OTHER NIGHT, I GOT THINKING ON IT AND WENT, I THOUGHT I MADE THOSE CHANGES ALREADY.

SO, UH, I GOT THINKING ON IT AND WENT BACK AND LOOKED AND IT WAS THE WRONG ONE SO QUICKLY, I SPRUNG OUT OF BED AND REDID, UM, KIND OF PUT EVERYTHING BACK TOGETHER.

AND SO A LOT OF WHAT YOU'RE SEEING, THE, THE MAIN CHANGES ARE TO THE, UM, TO THE, UH, CONFLICT OF INTEREST STATEMENTS.

THOSE ARE MUCH MORE ROBUST THAN THE VER THE VERSION YOU HAD.

AND THEN AT THE END IS THE, IS THE SPOT THAT I WANTED TO, TO BRING UP, WHICH WAS THE, THE, THE BOARD ACTION.

UM, THE OTHER THING THAT I, THAT, THAT I STRUGGLE WITH AS CHAIR, UM, SINCE WE ONLY DO THIS ONCE A MONTH, IS KEEPING TRACK OF WHAT DIFFERENT MOTIONS AND WHAT ARE REQUIRED FOR EACH ONE.

AND I THINK FUTURE CHAIRS, IT WOULD BE NICE TO HAVE THAT LAID OUT THAT, YOU KNOW, WHEN WE DO A REZONING, YOU KNOW, THAT'S GOING TO THE BOARD OF ALMAN.

SO IT NEEDS TO BE, YOU KNOW, IT NEEDS TO, UH, WHERE IS IT , UM, YOU KNOW, WE'RE MAKING A CONSISTENCY STATEMENT IN THE RECOMMENDATION.

UM, SO I WANTED SOMETHING LIKE THAT IN THERE.

WELL, I, I TALKED TO CITY ATTORNEY, THEY ADDED THAT.

UM, AND SO HOPEFULLY THAT HELPS THAT PROCESS FOR, UH, MYSELF AND FUTURE CHAIRS.

UM, UH, EARLIER TODAY, UH, UH, BUSTY INGRAM MADE A FEW COMMENTS, FOUND SOME, UH, HAPPY TO GLADS AS MY OLD BOSS USED TO SAY.

AND THEN SOME OTHER MORE SUBSTANTIVE CHANGES.

UM, CITY ATTORNEY MADE THOSE.

AND SO WHAT YOU HAVE IN FRONT OF YOU IS THOSE CHANGES.

AND SO IT WOULD BE MY HOPE, UM, THAT, YOU KNOW, WE COULD HAVE A DISCUSSION ABOUT THESE.

WE CAN MAKE ANY CHANGES WE WANT AND, AND IF IT'S TOO MUCH, I AM MORE THAN WILLING TO, TO TAKE THOSE NOTES AND TAKE IT BACK AND WE CAN DO IT NEXT MONTH.

UM, OR IF THEY'RE VERY SIMPLE CHANGES, UM, WE CAN PIN AND INK THOSE TONIGHT AND, UH, AND GET THIS THING APPROVED IF IT SO IS THE DESIRE OF THE BOARD.

SO I WILL, UM, OPEN IT UP TO THE BOARD OF DISCUSSION ON THE RULES AND PROCEDURES.

UH, BRAD, I WOULD LIKE TO HAVE SOME DISCUSSION AROUND THE PUBLIC COMMENT.

YES.

UM, AND THEN KIND OF THINKING ABOUT OUR ORDER WHEN WE HAVE ACTION ITEMS, WE'VE GOT THE LINEUP OF THE STAFF REPORT, AND THEN WE'VE GOT THE OPPORTUNITY TO ASK QUESTIONS TO STAFF.

WE'VE GOT THE APPLICANT REMARKS, AND THEN I THINK WE USUALLY TAKE QUESTIONS TO THE APPLICANT AND THEN WE'VE GOT PUBLIC COMMENT.

AND, UM, I'M OBSERVING THAT DURING PUBLIC COMMENT THAT TENDS TO BE MORE OF A, THE PUBLIC ASKING QUESTIONS THAT AREN'T NECESSARILY OURS TO ANSWER.

UM, SO I'M JUST TRYING TO THINK HOW BEST, UM, IS IT HELPFUL FOR STAFF AND THE APPLICANT TO HEAR THE PUBLIC COMMENT SO THAT THEY CAN RESPOND TO THOSE WHEN THEY'VE GOT THE MIC? UM, AND THEN HOW TO KEEP THINGS FROM GETTING, UM, A LITTLE OUT OF HAND WHEN FOLKS ARE ASKING QUESTIONS.

YOU KNOW, I THINK TRYING TO DIRECT THEM BACK TO THE APPLICANT IF IT'S NOT A MATTER THAT'S ACTUALLY WHAT WE'RE VOTING ON HERE.

YES.

UM, AND THEN I'VE BEEN IN SITUATIONS

[01:00:01]

IN OTHER LOCALITIES WHERE, UM, THE APPLICANT MAY BE AT THE STAND AND MEMBERS OF THE PUBLIC ARE ASKING QUESTIONS.

AND SO HOW DO WE WANT TO, HOW DO WE WANT TO CONTROL THAT AS A BOARD? IT IS AN EXCELLENT QUESTION.

UH, IT IT IS, IT IS MY POSITION.

UM, AND UNTIL I'VE TOLD OTHERWISE, THIS IS A PUBLIC MEETING.

MM-HMM.

.

AND IT'S MY OPINION THAT IF THE PUBLIC WANTS TO SPEAK ON AN ITEM, I THINK THEY SHOULD.

IT'S JUST A MATTER OF PRINCIPLE FOR ME.

NOW, TO YOUR POINT, HOW DO WE CONTROL THAT? UM, IT'S SOMETHING I'VE THOUGHT A LOT ABOUT.

'CAUSE WE'VE HAD THIS A LOT HERE DURING MY CHAIRMANSHIP.

I COULD BE MUCH MORE FORCEFUL WITH IT AND JUST, NOPE, SORRY SIR, YOU'VE HAD YOUR TIME.

YOU KNOW, AND WE COULD DO THAT.

UM, I AS CHAIRMAN RUNNING THE MEETING STRUGGLE WITH THAT.

AND SO IT'S, IT'S SOMETHING THAT, THAT THAT, THAT I'M WORKING ON.

I DON'T KNOW THE BEST WAY, AND I'M OPEN TO THE BOARD'S DISCUSSION ON THIS BECAUSE I'M NOT HAPPY WITH IT EITHER.

UH, SO I WOULD SUGGEST, UM, I MEAN, IT'S A GOOD QUESTION.

DANIELLE ASKS.

I THINK IT IS, YOU'RE RIGHT.

AND A A LOT OF TIMES WE GET QUESTIONS THAT REALLY BELONG TO THE APPLICANT.

YES.

OR EVEN TO CITY STAFF, BECAUSE A LOT OF TIMES IT'S ABOUT THINGS THAT HAVE ALREADY COME UP IN THE DRC REVIEW THAT THE PUBLIC DOESN'T GET TO SEE.

RIGHT.

RIGHT.

AND SO MAYBE WHAT WE CAN DO IS AS NOT NECESSARILY AS PART OF THE RULES AND PROCEDURES, BUT IN A SEPARATE WAY TO HAVE COMMENTS FOR YOU TO MAKE AT THE BEGINNING OF ANY PUBLIC COMMENT PERIOD OF WHAT'S ALLOWED.

AND IF THEY HAVE PARTICULAR QUESTIONS ABOUT WHAT'S BEING BROUGHT BEFORE US, THEY CAN, YOU KNOW, SOME OF THOSE WILL HAVE TO GO TO THE APPLICANT.

SOME OF THOSE WILL HAVE TO GO TO CITY STAFF.

UH, YOU KNOW, TO THE CITY ATTORNEY'S POINT EARLIER, OUR COMMENTS ARE REALLY ONLY, OR, OR OUR, WHAT WE'RE VOTING ON IS REALLY TO THE TECHNICAL NATURE OF IT.

UM, AND SO WE NEED TO, I THINK WE NEED TO LET THE PUBLIC KNOW THAT I AGREE AT THESE MEETINGS.

IT'S, AND I KNOW IT WOULD TAKE SOME TIME OUT OF THE MEANING TO DO THAT, BUT I THINK IT WOULD HELP SOME OF THIS PROCESS.

I HAVE OFTEN THOUGHT THAT WHAT, BASICALLY WHAT CITY ATTORNEYS SAID, UM, ABOUT THE TECHNICAL NATURE OF OUR, OUR VOTE SHOULD BE EXPLAINED.

I DON'T KNOW, AT THE BEGINNING OF THE MEETING.

LIKE, I DON'T KNOW, LIKE SOMEWHERE THE PUBLIC NEEDS TO KNOW THAT I UNDERSTAND YOUR CONCERNS AND I OFTENTIMES EMPATHIZE WITH THEIR CONCERNS, BUT I DON'T GET THAT OPTION.

WE DON'T GET THAT OPTION AS A BOARD.

WE HAVE TO LOOK AT DOES IT MEET THE TECHNICAL REQUIREMENTS? AND IF IT DOES, THEN YOU GOTTA DO IT, THEN WE GOTTA DO IT.

RIGHT.

AND IT, AND IT, AND IT, AND IT LOOKS, UM, IT MAKES THIS BOARD AND, YOU KNOW, BY EXTENSION TO US, UM, THAT LOOKED GREAT.

WELL, THAT, IN IN THAT REGARD.

AND, AND, BUT I, I THINK, I THINK YOU'RE RIGHT.

I THINK IF THERE'S, AND WE COULD DRAFT THAT LANGUAGE, UM, AT SOME POINT, THAT WE COULD BE A LITTLE MORE INFORMATIVE TO THE PUBLIC.

THAT, YOU KNOW, WE'RE GONNA HAVE THESE ACTION ITEMS, WE'RE VOTING ON THIS REZONING, AND THIS IS WHAT THIS BOARD LOOKS AT.

THEY LOOK AT THE TECHNICAL NATURE AND THAT'S IT.

AND THERE'S, I I'M SURE A MUCH BETTER ENGLISH FORM THAN WHAT I JUST SAID TO, TO, TO COME UP WITH THAT.

UM, BUT I WOULD WELCOME THAT.

IT'S SOMETHING THAT I'VE THOUGHT ABOUT FOR A COUPLE MONTHS NOW.

'CAUSE IT, IT, IT, I KNOW, I KNOW MEMBERS OF THE PUBLIC ARE NOT HAPPY WHEN WE, WHEN THEY COME UP AND THEY SAY THEY'RE GONNA BUILD THIS THING IN MY BACKYARD AND THEY'RE LOGGING ALL THE LAND AND THIS IS HORRIBLE AND YOU HAVEN'T DONE ALL THIS.

AND THEN WE TURN AROUND AND GO, YEP.

APPROVED.

APPROVED.

RIGHT.

, IT'S LIKE, I HEAR YOU.

THE FACT IS IT IS A PART OF A PLAN UNIT DEVELOPMENT, RIGHT.

IT'S ALREADY SUBMITTED.

I MEAN, IT FALLS WITHIN THE GUIDELINES.

CORRECT.

AND SO I CAN GIVE YOU SOME OF MY EXPERIENCE FROM THE DIFFERENT, I'D LOVE TO HEAR ABOUT MUNICIPALITIES AND COUNTIES I'VE WORKED FOR.

UH, YOU KNOW, I'VE SEEN PUBLIC COMMENT PERIODS RUN EXACTLY LIKE THIS IN MY PREVIOUS, UH, JURISDICTION, UH, WHERE THEY CAN SPEAK AFTER AN ITEM OR IT'S SAVED UNTIL THE END.

AND IF THERE ARE QUESTIONS THEY CAN BE ANSWERED.

IF THEY'RE JUST COMMENTS, THEY'RE JUST LISTENED TO.

UH, AND, AND THAT WAS AT THE PLANNING BOARDS.

IT'S, IT'S ALSO AT THE BOARDS OF ADJUSTMENT.

UH, BUT THE COUNTY COMMISSIONERS WOULD HAVE THAT PUBLIC COMMENT PERIOD AS, AS JUST THAT THEIR COMMENTS FOR THE BOARD TO HEAR NOT NECESSARILY ANSWER TO.

AND IF THEY WERE CHOOSING TO ANSWER IT, IT WOULD BE SAVED UNTIL THE END OF THE MEETING.

UH, SO IN THE SPIRIT OF LETTING THEM SPEAK, UH, IT COULD BE JUST THAT A, A COMMENT PERIOD.

UH, BUT AGAIN, THAT IS COMPLETELY UP TO THE RULES OF I I UNDERSTAND THAT.

I JUST FEEL, AND THE, THE BOARD CAN FEEL DIFFERENTLY.

I FEEL THAT IF SOMEONE'S TAKING THE TIME TO COME DOWNTOWN AND TO GET UP HERE AND THEN TO STAND IN FRONT OF THIS BOARD AND TO BE ON TELEVISION AND ASK THEIR QUESTIONS ABOUT A TOPIC AT HAND, IT SHOULD

[01:05:01]

BE DURING THAT TIME, DURING THAT CONVERSATION, IT SHOULDN'T BE AT THE END AFTER WE'VE ALREADY VOTED.

AND, YOU KNOW, IT'S, IT'S SETTLED, UM, TO ME JUST AS A, AS A CITIZEN, THAT, THAT, THAT'S THE WAY I, THE OTHER PIECE OF THAT IS THEY DON'T HAVE ANOTHER OPPORTUNITY, IN MY ESTIMATION TO ACTUALLY PUT ANY COMMENT TO THIS AND TO EVEN KNOW WHO THE APPLICANT IS.

RIGHT.

AND THE GOOD THING ABOUT THESE MEETINGS IS, IS IN MOST CASES, THE APPLICANT COMES IN BECAUSE THEY WANT TO MAKE A STATEMENT.

THEY WANT TO, THEY, THEY, YOU KNOW, I HEARD ONE OF THE APPLICANTS OUT IN THE HALLWAY WHILE WE WERE GOING THROUGH THE REST OF THE MEETING, TALKING TO THE PEOPLE THAT HAD COME TO THE MEETING ANSWERING QUESTIONS.

I HEARD HIM AN OUT THERE ANSWERING QUESTIONS.

AND I THINK THAT'S GOOD FOR THE PUBLIC.

I THINK THEY NEED THAT OUTLET.

AND IT SHOWS OPEN GOVERNMENT.

THAT'S WHAT, THAT'S WHAT WE WANT.

SO I, I, I AGREE WITH YOU.

BUT AT THE SAME TIME, I THINK WHAT YOUR POINT IS, IS SET THE EXPECTATION.

YES.

YES.

THAT, THAT'S THE KEY THING TO ME IS, IS THAT THE PUBLIC KNOWS THAT THEY'RE GONNA BE ALLOWED TO SPEAK, BUT WHAT WE'RE ALLOWED TO DEAL WITH, RIGHT.

I KNOW IN THE BOARD OF ADJUSTMENTS, WE USED TO DO THAT ALL THE TIME.

YEAH.

THAT WE CAN ONLY LISTEN TO TESTIMONY FROM EXPERTS, BUT THEN THEY'RE NOT EXPERT.

YOU LISTEN TO EMOTIONS.

I MEAN, IN ALL THESE MEETINGS, WHAT YOU LISTEN TO IS EMOTIONS.

RIGHT.

BUT YOU STILL LISTEN TO 'EM.

BUT THEY KNOW UPFRONT THAT THIS BOARD IS NOT ALLOWED TO DEAL WITH THOSE TYPE OF THINGS THAT THEY HAVE TO BE UH, WHAT WE'RE ALLOWED TO DEAL WITH AND HOW WE HAVE TO DELIBERATE ON THAT, AND, BUT THEY STILL GET A CHANCE TO SPEAK.

RIGHT.

MR. CHAIR, IF, IF I MIGHT ALSO CONTRIBUTE MY EXPERIENCES, UM, I HAVE IT IN MY MIND THAT PREVIOUS BOARDS HAVE ALLOWED PUBLIC COMMENT AT THE BEGINNING OF THE MEETING, WHICH GIVES PEOPLE AN OPPORTUNITY TO ASK THEIR QUESTIONS.

AND WHAT I THINK PREVIOUS BOARDS HAVE DONE IS NOT ANSWER THE QUESTIONS RIGHT THEN.

BUT AS THE ACTION ITEMS COME UP, IT GIVES STAFF AND THE APPLICANT, IF THEY'RE PRESENT, AN OPPORTUNITY TO ADDRESS THOSE QUESTIONS AS THE ACTION ITEMS ARE BEING PRESENTED AND DELIBERATED.

OKAY, SO LET ME ASK THIS.

UM, SOMEONE COMES UP, THEY ASK THREE OR FOUR QUESTIONS.

LET'S SAY THERE'S 20 PEOPLE AND EACH ONE OF 'EM GOT THREE OR FOUR QUESTIONS.

DO, AM I TAKING NOTES AND THEN ASKING CITY STAFF THEIR QUESTIONS? WHAT IF I DON'T ASK ONE OF THEIR QUESTIONS? THAT, THAT'S A GOOD QUESTION.

I WILL TELL YOU IN THE, IN THE PAST WITH PREVIOUS BOARDS, APPLICANTS, UM, GENERALLY ARE VERY RESPONSIVE.

MM-HMM.

, AS MR. INGRAM SUGGESTED TO CONCERNS MADE BY THE PUBLIC BECAUSE ULTIMATELY THEY WANT TO HAVE A GOOD PRODUCT AND THEY WANT PEOPLE TO HAVE A GOOD EXPERIENCE.

THEY HAVE A VESTED INTEREST, UM, IN THIS PROCESS GOING SMOOTHLY.

UM, IT HAS BEEN MY EXPERIENCE THAT THE APPLICANTS DO A VERY GOOD JOB OF TAKING COPIOUS NOTES IF NECESSARY, TO BE ABLE TO ADDRESS THE CONCERNS BY THE PUBLIC, BECAUSE THOSE CONCERNS MAY BE ECHOED BY MEMBERS OF THIS BOARD.

SO, GO AHEAD, TOM.

NO, MA'AM.

OH, OKAY.

UM, COULD I, I DON'T WANT TO ADD ITEM D APPLICANT'S RESPONSES, BUT SOMETHING TO THAT EFFECT, RIGHT? YOU LAYING, I DON'T KNOW, I WITHSTANDING THE COMMENT.

WELL, AND I THINK WE NEED TO DECIDE TOO, SO WE HAVE PUBLIC COMMENT.

IT'S NOT PUBLIC Q AND A.

THAT IS TRUE.

SO THE PUBLIC CAN CHOSE QUESTIONS IN THEIR COMMENTS, AND IF IT'S DONE BEFORE STAFF AND BEFORE THE APPLICANT PRESENT, UM, TO JAMIE'S POINT, THEY MIGHT COULD BE INCORPORATED INTO WHAT THEY'RE SHARING.

BUT I THINK WE NEED TO BE CAREFUL THAT WE'RE NOT HOSTING A Q AND A OPEN HOUSE IN THIS FORUM.

UM, THAT THIS IS A COMMENT PERIOD.

AND EVEN IF, IF, I DON'T KNOW THAT WE WANT TO SAY THAT IT'S APPROPRIATE FOR US TO ASK QUESTIONS OF THE PUBLIC WHEN THEY'RE MAKING COMMENTS, IF THIS IS A CO, A PUBLIC COMMENT PERIOD TO ME MEANS ORAL TESTIMONY.

OKAY.

AND IF WE DON'T HAVE AGREEMENT ON THAT, I THINK THAT'S WHERE IT GETS KIND OF SLIPPERY DURING MEETINGS.

RIGHT.

UM, WHAT ABOUT, AND TO ADD TO THAT POINT, WHEN WE'RE TALKING ABOUT SUBDIVISION REVIEW, IF WE'RE TAKING JAMIE'S EXAMPLE OF HEARING PUBLIC COMMENT UP FRONT, UH, ON AN AGENDA WITH JUST SUBDIVISIONS OR EVEN WITH A REZONING SUCH AS THIS, YOU WOULD HAVE TO SIFT THROUGH THOSE QUESTIONS AS A BOARD TO DETERMINE WHETHER OR NOT THOSE ARE APPLICABLE.

HAS THE PUBLIC BROUGHT UP A STANDARD IN THE ORDINANCE THAT ISN'T BEING MET? BECAUSE THAT IS SOMETHING THAT HAS TO BE QUESTIONED.

AND THE SAME THING GOES WITH THE REZONING.

IF A CITIZEN HAS CONCERNS OF CONSISTENCIES WITH PLANS OR A LOGICAL OUTGROWTH THAT IS OR ISN'T, THAT WOULD BE SOMETHING THAT HAS TO BE, YOU KNOW, NOTED AND POTENTIALLY INVESTIGATED BY THE BOARD.

UH, BUT WHEN WE'RE TALKING ABOUT THINGS SUCH AS

[01:10:01]

TRAFFIC, UH, THAT ISN'T NECESSARILY CONSIDERED IN A REZONING BECAUSE, YOU KNOW, WE'RE NOT TALKING ABOUT THAT, RIGHT.

OR A TRAFFIC IMPACT ANALYSIS, UH, THAT ISN'T A REQUIREMENT OF THE CITY OF NEW BERN PER SE.

UH, THOSE QUESTIONS CAN BE ANSWERED BY STAFF AFTER THE MEETING RIGHT.

OR BY THE APPLICANT AFTER THE MEETING.

UH, THAT, THAT TYPE OF QUESTION ISN'T NECESSARILY THE PURVIEW OF THE BOARD, RIGHT? WHAT IF WE DID SOMETHING LIKE THIS? WHAT IF WE HAD BACK TO THE, WHEN WE WERE, WHAT I WAS TALKING ABOUT BEFORE, WE HAD SOME TYPE OF LANGUAGE THAT I WOULD SAY BEFORE THE ACTION ITEMS ABOUT, YOU KNOW, THIS IS A PUBLIC COMMENT PERIOD, NOT A Q AND A SESSION BETWEEN THE APPLICANT, UH, AND STAFF.

IF YOU HAVE THOSE QUESTIONS, DIRECT THOSE TO THE APPLICANT AND STAFF AFTER THE MEETING, WOULD THAT, WOULD THAT SUFFICE? I THINK HAVING SOME SORT OF SCRIPT WOULD WOULD DEFINITELY HELP BECAUSE THEY'RE COMING UP HERE WITH EMOTIONAL BASED QUESTIONS OR CORRECT.

THAT I HAVEN'T HEARD WE MAY CARE ABOUT, BUT WE CAN'T MOVE ON.

RIGHT.

I HAVEN'T, TO YOUR POINT, I HAVEN'T HEARD A, THIS PROPERTY'S BEING REZONED AND I FOUND AN ISSUE THAT THE ENTIRE STAFF AND EVERYBODY MISSED.

I HAVEN'T HEARD THAT YET.

I MEAN, IT COULD HAPPEN, BUT I HAVEN'T HEARD THAT.

UM, AND SO YOU SCARE ME A LITTLE BIT WHEN YOU SAY THAT THAT WOULD'VE TO BE INVESTIGATED BEFORE WE, IT'S LIKE, YEAH, OKAY.

YEAH.

SO THEN WHAT DO I DO? RIGHT? SO THEN, SO THEN IT STARTS GETTING WEIRD.

BUT, UM, YEAH, BRAD, MAYBE IT'S, WHEN YOU INTRODUCE AN ACTION ITEM, MAYBE IT'S SAYING THIS IS THE TYPE OF DECISION THIS BOARD WILL BE MAKING A LITTLE SHORT BLUR, LIKE A LITTLE EDUCATION SYNOPSIS OF WHAT WE'RE DOING, WHAT WE'RE RULING ON.

AND THEN I, I AGREE WITH JAMIE'S RECOMMENDATION, AND I'VE SEEN IT DONE THIS WAY TOO, WHERE LET THE PUBLIC COMMENTS HAPPEN FIRST, AND BEFORE YOU EVEN GO TO ACTION ITEMS, I THINK YOU'VE GOT CHAIRMAN'S REMARKS.

THEN OPEN IT UP TO PUBLIC COMMENT ON ANY TOPICS.

AND SO WE ASK THEM TO STATE THEIR NAME, THEIR ADDRESS, WHAT ITEM THEY'RE SPEAKING ON.

OKAY.

AND THEN STAFF, THE APPLICANT, ALL OF US CAN HEAR THE COMMENTS AND INCORPORATE IT INTO OUR DISCUSSIONS, INCORPORATE IT INTO REMARKS.

I, I, I, I RESPECTFULLY DISAGREE WITH THAT.

ONLY FROM THE PERSPECTIVE OF NOW IT'S INCUMBENT UPON US TO KEEP ALL THIS STUFF STRAIGHT THAT PEOPLE BRING UP.

AND I, I, I PERSONALLY LIKE WHAT WE HAVE TODAY, WHICH IS WHEN AN ACTION ITEM IS BROUGHT UP, AND WE HEAR FROM KENDRICK ON WHAT THIS ITEM ACTUALLY IS.

I, I DO AGREE THAT YOU SHOULD PROBABLY MAKE A STATEMENT WHEN AN ITEM COMES UP.

THIS IS THE TYPE OF ITEM IT IS.

YEAH.

HERE'S WHAT WE'RE RULING ON.

YOU KNOW, THOSE KINDS OF THINGS.

BUT IT, TO ME, IT'S EASIER JUST TO HEAR FROM PEOPLE.

AND I THINK WE MAY HAVE TO BE A LITTLE BIT MORE FORCEFUL ABOUT IF PEOPLE MAKE A COMMENT THAT IS FOR THE APPLICANT, RIGHT? YOU NEED TO DIRECT THAT TO THE APPLICANT.

IT'S NOT SOMETHING THAT THIS BOARD CONSIDERS IN OUR DECISION MAKING PROCESS.

SO I JUST DON'T ANSWER IT.

SOMETHING.

THE OTHER THING IS, IF YOU HAVE ALL THE COMMENTS UP FRONT, THEN YEAH.

WHEN THE APPLICANT BRING, MAKES HIS PRESENTATION, YOU'RE GONNA HEAR MORE QUESTIONS COME UP.

I CAN PROMISE YOU AND HAVE REPEAT.

AND THAT'S WHEN IT BECOMES FAIR.

YOUR JOB, YOU'RE GOING TO EITHER HAVE TO LET 'EM SPEAK OUT OF TURN, OR YOU'RE GONNA HAVE TO QUELL THE COMMENTS THAT THAT'S A TOUGH ONE.

SO IT'S NOT FUN.

AND IT, AND IT COULD CERTAINLY BE A BLEND OF, OF BOTH POSITIONS.

INSTEAD OF HAVING ALL OF THE COMMENTS JUST LISTENED TO BY THE BOARD AT THE BEGINNING OF THE MEETING, YOU, YOU COULD HAVE ALL OF THE COMMENTS FROM THE PUBLIC LISTENED TO AT THE END OF AN ITEM.

AND AGAIN, IT'S IT'S PUBLIC COMMENT.

YOU CAN LISTEN TO THOSE, UH, PUBLIC COMMENTS.

IT THEN BECOMES THE JOB OF THE APPLICANT TO ADDRESS ANYTHING THAT MAY BE APPLICABLE.

SO WE CHANGE THE ORDER, WE DO THE STAFF REPORT TO PUBLIC COMMENT, AND THEN THE APPLICANT'S REMARKS, YOU COULD, UH, IT WOULD BE A BLEND PER SE.

YOU KNOW, YOU HEAR IT ALL UP FRONT AFTER THE ITEM IS PRESENTED, AND THEN THE APPLICANT CAN ADDRESS IT IF THEY CHOOSE.

WHAT, WHAT ARE WE TRYING TO SOLVE HERE? I MEAN, IS, IS WHAT WE'RE DOING CURRENTLY NOT OKAY.

OR IS IT MORE THAT PEOPLE ARE BRINGING COMMENTS AND QUESTIONS UP THAT REALLY AREN'T FOR THIS BOARD? I AGREE WITH DANIELLE THAT IT, THAT IT IS KIND OF A CIRCUS IN A SENSE.

I MEAN, I MEAN, YOU SAW THE NIGHT, YOU GOT ONE GENTLEMAN OFF TO THE SIDE, HE'S ASKING THIS GUY QUESTIONS.

HE'S NOT ADDRESSING US.

MM-HMM.

, THEY'RE, THEY'RE JUST, THEY'RE HAVING THEIR OWN CONVERSATION DOWN THERE.

AND I DON'T, I DON'T LIKE THAT LOOK, I DON'T THINK THAT'S THE SPACE FOR IT.

I THINK IT NATURALLY HAPPENS, ESPECIALLY HERE IN THE COURTROOM WHEN WE WERE OVER AT THE OTHER PLACE, THAT DIDN'T HAPPEN AS MUCH.

'CAUSE YOU HAD, I MEAN, THERE WAS SEPARATION, BUT HERE THEY'RE RIGHT THERE AND THE APPLICANT'S RIGHT THERE, AND I THINK THERE'S, IT, IT, IT BRINGS IN SOME DISORDER THAT,

[01:15:01]

UH, OOPS, THAT, UM, THAT I DON'T LIKE.

AND SO I LIKE THE IDEA OF SOME TYPE OF EXPECTATIONS THAT, THAT IT'S NOT GONNA QUELL PEOPLE'S QUESTIONS.

IT IS NOT GONNA QUELL WHAT THEY'RE GONNA SAY.

THEY'VE ALREADY COME DOWN HERE.

UM, AND THEY'RE PROBABLY STILL GONNA BE MAD IF IT DOESN'T GO THEIR WAY.

UM, AND SO I, I THINK I'M ADDRESSING THE, THE NATURE OF YOUR CONCERN, WHICH IT, IT IS KIND OF THIS, FOR LACK OF A BETTER WORD, CIRCUS DOWN HERE.

AND, AND, AND I DON'T, I AGREE.

I I'M NOT A FAN.

I DON'T HAVE A SOLUTION RIGHT HAND.

I'VE BEEN, IT'S SOMETHING THAT I'VE THOUGHT A LOT ABOUT AND I DON'T HAVE ONE WELL, TRUSTEE'S POINT, WHAT ARE WE TRYING TO SOLVE FOR? UM, WHICH IS A GOOD QUESTION TO GO BACK TO.

IF WE WANT THE PUBLIC TO FEEL LIKE THEY'RE ABLE TO GET THEIR QUESTIONS ANSWERED AND THEIR PERSPECTIVES HEARD.

IF WE ALLOW THEM TO MAKE COMMENTS AT THE TOP OF THE MEETING OR AT THE TOP OF EACH ACTION ITEM THAT GIVES STAFF AND THE APPLICANT THE CHANCE TO ADDRESS THAT, THE, OR TO SAY, I HEARD YOU GENTLEMEN IN THE THIRD ROW ROW, LET'S TALK AFTER THE MEETING, OR LET ME GIVE YOU MY PHONE NUMBER.

AND IF I WERE THE APPLICANT, I WOULD WANT THAT OPPORTUNITY TO KNOW IF THERE'S A QUESTION OR A CONCERN, AND TO BE GIVEN THE CHANCE TO ADDRESS IT IN THIS FORUM INSTEAD OF IT BEING SOMETHING AT THE END.

THE, THE ONLY, THE ONLY COUNTER TO THAT WOULD BE I HAVE HAD PEOPLE THAT LISTEN TO THE STAFF REPORT AND I THEN CALL ON THEM AND THEY'RE IN NO, I'M, I'M GOOD.

I GOT, I GOT MY QUESTION ANSWERED.

RIGHT? AND SO THEN I DON'T HAVE TO, THEY DON'T HAVE TO COME UP.

THEY DON'T HAVE TO SPEAK.

IT DOESN'T DRAW ON THE MEETING.

RIGHT.

SO IS IT THAT, IS IT THAT THE, UM, THE PUBLIC DOESN'T KNOW WHO TO CONTACT? AND WHEN I LOOK AT, YOU KNOW, WHEN WE SEND A, A NOTIFICATION OUT ABOUT THE PLANNING BOARD MEETING, WELL, THAT'S A WHOLE OTHER CONVERSATION.

WE HAVE EVERYTHING GOING TO, TO KENDRICK.

AND I'M JUST CURIOUS IF IT WAS, LET'S JUST SAY IT WAS A, I'M JUST GONNA PICK ON CAROLINA KOHLER'S.

UM, IF THEY KNEW THAT THE CONTACT PERSON TO ANSWER ANY QUESTIONS, IF THEY HAD ANY CONCERNS ABOUT IT, THEY KNEW WHO TO CALL, UM, PRIOR TO THIS MEETING, THAT WOULD, THAT QUELL, I MEAN, STOP SOME OF THE ADDITIONAL QUESTIONS.

I'LL TRY TO CHIME IN AT LEAST ON THAT POINT OF IT.

UM, WHAT MY, AT LEAST PROCESSING OR AS I'M PROCESSING THROUGH NOTIFICATION AND THINGS LIKE THAT, I TRY TO BE AS TRANSPARENT AND AS OPEN.

WE'VE GOT SIGNED NOTIFICATION, WHICH IS A PHYSICAL SIGN PLACED WITHIN THE VICINITY OF THAT PROPERTY OR ON THE PROPERTY.

SURE.

AND SECONDARY TO THAT, WE DO THE MAILED NOTICE.

OF COURSE, THE PHONES ARE OPEN, THINGS TO THAT EFFECT.

UM, AS A LAST DITCH EFFORT, I ALWAYS CHECK ANY VOICEMAILS THAT I HAVE PRIOR TO A MEETING.

UM, I'M FOLLOWING UP ON MOST EMAILS.

THOSE EMAILS TAKE PRIORITY IF I HAVE A CITIZEN THAT'S ASKING QUESTIONS ABOUT UPCOMING MEETING, WHAT I WOULD SAY, UM, AND IT'S DIFFERENT FROM WHERE I USED TO OR WHAT MUNICIPALITY THAT I USED TO WORK AT.

THOSE QUESTIONS, AND THOSE PHONE CALLS CAME EARLY AS SOON AS THE SIGNS, AS SOON AS THE NOTIFICATIONS WERE OUT, THEY WERE EXTREMELY EARLY.

HERE, IT'S PRETTY MUCH THE OPPOSITE.

I EITHER DON'T GET IT, OR IT'S VERY, PRETTY MUCH AFTER THE FACT.

UM, OR THEY SHOW UP HERE AND THEY DECIDE TO GO AHEAD AND ASK THOSE QUESTIONS.

MY CONTACT INFORMATION IS ALL OVER EVERYTHING.

UM, BUT UNFORTUNATELY, I JUST DO NOT GET THE RESPONSE OR THE QUESTIONS FROM THE CITIZENS IN MOST CASES.

OKAY.

AND CORRECT, YOU KNOW, TO EXPAND UPON THIS, THIS IS A VERY BIG RABBIT HOLE OKAY.

AS WELL AS THE ENTIRE RULES OF PROCEDURE THAT WE'RE GETTING INTO.

UM, THE GENTLEMAN WHO LIVES DOWN THE STREET, UH, WHO SAW THE CLEARING ALSO GOT A LETTER, I WOULD ASSUME, BECAUSE HE IS, YOU KNOW, RIGHT ACROSS THE STREET, UH, THEY COULD HAVE CONTACTED STAFF TO FIND OUT THIS INFORMATION.

UH, ADDITIONALLY TO ANSWER THE QUESTION OF WHAT ARE, WHAT, WHAT IS THE QUESTION THAT WE'RE TRYING TO ANSWER FOR THIS? IT'S SETTING RULES OF PROCEDURE SO THAT WE AVOID A LEGALLY PRECARIOUS SITUATION IN THE FUTURE BY NOT INSTILLING CONSISTENCY IN THE BOARD'S PROCEDURES FROM, BECAUSE SITTING OUT THERE, OH, EXCUSE ME.

GO AHEAD.

NOT A PROBLEM.

BECAUSE WHEN YOU CONSISTENTLY CHANGE THE PROCESS, YOU'RE ALSO CONSISTENTLY TREATING PEOPLE DIFFERENTLY, CORRECT.

YEAH.

WHICH OPENS YOURSELF UP TO APPEALS, WHICH GOES TO THE BOARD OF ADJUSTMENT.

AND IF THAT IS OR ISN'T OVERTURNED, UH, COULD ALSO BE APPEALED TO SUPERIOR COURT.

SO WE ARE TRYING TO INSTILL SOME CONSISTENCY, AND THAT'S ALWAYS A GOOD THING.

YEAH.

MY, MY QUESTION WAS NOT ABOUT WHY ARE WE DOING RULES AND PROCEDURES? I KNOW, I, I, I HAVE A VERY GOOD HANDLE ON WHY WE'RE DOING THAT.

MY, MY COMMENT WAS MORE ABOUT, I, I FEEL THAT THE WAY WE CURRENTLY HANDLE THINGS

[01:20:01]

IS A PRETTY GOOD METHOD, GETTING TO AN ACTION ITEM, ALLOWING PUBLIC COMMENT AT THE RIGHT TIME SO THAT THEY FEEL LIKE THEY'RE ADDRESSING THAT PARTICULAR ITEM.

I AGREE THAT THE QUESTIONS THAT WE GET AND THE COMMENTS THAT WE GET ARE NOT NECESSARILY APPROPRIATE FOR THIS BOARD.

SO WE NEED SOME SORT OF STATEMENT AS TO WHAT WE'RE CONSIDERING, WHAT WE CAN CONSIDER, AND WHAT THEIR COMMENTS MEAN.

AND THAT THE APPLICANTS HERE, IF YOU HAVE PARTICULAR QUESTIONS ABOUT, YOU KNOW, WHAT HOUSES ARE GOING IN OR WHAT STREET IS GOING WHERE YOU NEED TO ASK THE APPLICANT, THAT'S NOT SOMETHING WE ANSWER.

UM, AND, AND, AND I THINK IN MY ESTIMATION, AFTER NOW HAVING SERVED ON THIS BOARD FOR A YEAR OR SO, THAT'S WHAT I THINK WE'RE TRYING TO SOLVE IS, IS THAT PARTICULAR ISSUE.

UM, YOU KNOW, IF, IF WE WANTED TO DO THE PUBLIC COMMENT IN THE BEGINNING, I'M NOT NECESSARILY A FAN OF THAT, BUT WE COULD DO THAT.

I, I, I, I'LL SAY IT AGAIN, I SAID IT BEFORE , I CURRENTLY LIKE THE WAY WE'RE DOING IT, BUT I THINK WE NEED SOME SORT OF STATEMENT SO PEOPLE UNDERSTAND WHAT IT IS.

WE CAN, WHAT KINDS OF COMMENTS WE, WE CAN ACTUALLY CONSIDER AND WHAT KINDS OF COMMENTS SHOULD GO TO THE APPLICANT AND WHAT KINDS OF COMMENTS SHOULD GO TO CITY STAFF? I WAS JUST GONNA SAY, HAVING BEEN ON THAT SIDE OF THE AISLE MANY, MANY TIMES, THE, I WOULD, I WOULD PREFER AS THE APPLICANT TO HEAR THE COMMENTS SO THAT AS I MIGHT MADE MY PRESENTATION, I WAS ABLE TO DEAL WITH A LOT OF THOSE ISSUES THAT MIGHT COME UP.

OKAY.

'CAUSE, UH, AND OR HAVE A CHANCE AT THE END OF THE COMMENTS, IF YOU DID IT IN REVERSE, IF YOU'D HAD THE APPLICANT'S COMMENTS, THEN THE PUBLIC COMMENTS THAT THE APPLICANT HAD THE OPPORTUNITY TO COME BACK IN, DEAL WITH IT, THE APPLICANT, BECAUSE MOST OF 'EM ARE QUESTIONS THAT ARE RELEVANT TO THIS BOARD, RIGHT? MM-HMM.

.

AND THE ONLY WAY YOU'RE GOING TO GET SOME OF THOSE ANSWERS OUT THERE FOR THE PUBLIC IS TO HAVE THAT INTERACTION BETWEEN THE APPLICANT HAVING THE OPPORTUNITY TO COMMENT AND THEN THE PUBLIC ALSO COMMENT AND THEN THERE, YOU KNOW, CREATE SOME BIT OF DIALOGUE THAT CAN BE CONTINUED AFTERWARDS.

BUT YOU CAN, YOU CAN, YOU CAN ELIMINATE A LOT OF STUFF, A LOT OF, LOT OF QUESTIONS AND FEELINGS, UH, AND HARD FEELINGS.

UH, IN FACT, IF THE APPLICANT HAS THE OPPORTUNITY TO ADDRESS THE COMMENTS THAT ARE MADE IN THE BY PUBLIC.

OKAY.

TO THAT END, IF WE FLIP IT, BECAUSE STAFF REPORT, PUBLIC COMMENT, APPLICANT'S REMARKS HIGHLIGHTED AT THE BEGINNING WITH SOME TYPE OF STATEMENT ABOUT WHAT THE EXPECTATIONS OF THIS BOARD ARE.

MM-HMM.

, WOULD THAT WORK FOR EVERYONE ON THE BOARD? I THINK IT'S, I THINK IT'S SOMETHING WE CAN TRY, FLOAT IT OUT THERE AND LET'S SEE HOW IT WORKS.

YES.

I AGREE WITH KI I MEAN, I THINK WE CAN TRY IT IF IT DOESN'T WORK, MAYBE THE RIGHT THING TO DO.

IF IT'S NOT WORKING AS WE DO THE COMMENTS IN THE BEGINNING, I THINK IT'S ALWAYS SOMETHING OPEN.

AND, YOU KNOW, IN, IN THE RULES AND PROCEDURES, I READ, I THINK THE CITY ATTORNEYS INSERTED A STATEMENT THAT SAYS, WE CAN AMEND THESE WHENEVER WE WANT .

SO IF WE FIND SOMETHING'S NOT WORKING AND WE WANT TO CHANGE IT, WE CAN.

SO THAT'S AN IMPORTANT POINT.

DANIELLE, WHAT DO YOU THINK OF THAT? JUST TO CLARIFY, WE'RE SAYING FOR EACH ACTION ITEM, WE WOULD INTRODUCE IT WITH A QUICK EDUCATIONAL DESCRIPTION OF WHAT WE'RE DOING ON THIS ITEM AS A BOARD, AND THEN WE WOULD HAVE STAFF COMMENTS, OUR QUESTIONS, WE'D HAVE PUBLIC COMMENT, AND THEN WE'D HAVE THE APPLICANT COMMENT AND WE COULD ASK THE APPLICANT QUESTIONS.

YES.

RIGHT.

I, I LIKE THE WAY YOU PHRASED THAT, THAT IT'S STAFF REPORT, AND THEN WE GET TO ASK QUESTIONS ABOUT THE STAFF REPORT BEFORE WE HEAR THE PUBLIC COMMENT.

I ACTUALLY THINK THAT'S IMPORTANT.

AND THEN IS IT APPROPRIATE WE DID IT TONIGHT.

IS IT APPROPRIATE IF WE HAVE ADDITIONAL QUESTIONS FOR STAFF AT THE END OF ALL THAT TO SAY KENDRICK GOT SOME ADDITIONAL QUESTIONS? YEAH, I THINK SO.

I, I, I THINK AFTER THE PUBLIC COMMENT, THAT'S, I, THAT'S WHAT IT GOES TO THE BOARD.

AND THAT AT THAT POINT, IT'S A DIS IT'S A FREE FOR ALL FOR THE BOARD TO ASK WHATEVER QUESTIONS THEY WANT AT THAT POINT.

THAT'S NOT INAPPROPRIATE AT ALL.

YOU'RE MORE THAN WELCOME IF YOU HAVE TO CIRCLE BACK AT SOMETHING THAT MAYBE I PRESENTED ON OR TOUCHED ON, AND YOU HAVE ADDITIONAL QUESTIONS AFTER THE APPLICANT, ALONG WITH THE ACTUAL CITIZEN THAT SPOKE AND HAD SOME TYPE OF BACK AND FORTH YEAH.

CAN COME BACK.

I MEAN, EVEN ALL THE WAY UP TO SOMEBODY PROPOSING A MOTION TO RECOMMEND APPROVAL OR DENIAL.

RIGHT.

UH, WHEN IT GOES TO THE DELIBERATION OR DISCUSSION AMONGST THE BOARD, THAT THAT IS STILL AN APPROPRIATE TIME FOR ANY BOARD MEMBER TO BRING THEIR CONCERN.

AND WHETHER THAT'S GOING TO BE ANSWERED BY STAFF OR BY EACH OTHER, UH, THERE IS STILL PLENTY OF TIME TO ASK THOSE QUESTIONS AS THE BOARD TO STAFF THE APPLICANT.

SO BASICALLY UP UNTIL THE POINT THAT WE APPROVE OR DISAPPROVE.

YEAH.

I MEAN, A GOOD WAY TO LOOK AT IT IS THAT THIS SET OF PROCEDURES THAT WE'VE JUST DISCUSSED THAT WE MIGHT BE AGREEABLE TO, UH, THAT'S THE BARE MINIMUM, RIGHT? MM-HMM.

.

SO WHEN

[01:25:01]

THE APPLICANT IS DONE RESPONDING TO THOSE REMARKS AND THE BOARD IS DONE WITH THEIR QUESTIONS, AND YOU GUYS GO, UH, THE FLOOR GOES BACK TO YOU GUYS AS THE BOARD, UH, YOU CAN THEN AT THAT POINT EXCEED WHAT THE MINIMUMS ARE.

IF YOU STILL HAVE QUESTIONS, THOSE CAN BE ASKED.

THAT'S A GOOD POINT.

JUST ONE LAST CLARIFICATION.

YES.

IF WE, THE BOARD HAVE QUESTIONS FOR THE PUBLIC, ON THEIR PUBLIC COMMENT, DO WE WANT TO ALLOW OURSELVES TO ASK THE PUBLIC QUESTIONS OR DO WE WANT TO LEAVE THAT AS A COMMENT PERIOD? ONLY THAT BRINGS IN THE QUESTION OF STANDING.

YEAH.

I, I, I WOULD STRONGLY RECOMMEND THAT IF YOU ARE GOING TO ENTERTAIN PUBLIC COMMENT, IT'S COMMENT ONLY.

AND I JUST THINK WE NEED TO DECIDE OKAY.

SO THAT WE HAVE IT DOCUMENTED.

SO I'M NOT, I'M NOT, UM, SUGGESTING ONE WAY OR THE OTHER.

OKAY.

I JUST THINK WE NEED TO HAVE A DECISION POINT ON IT.

SO TO THAT POINT, AND THERE IS NOT A LIMIT FOR THE APPLICANT TO ANSWER THE PUBLIC'S COMMENTS.

RIGHT.

SO THERE'S THAT.

THAT'S RIGHT.

I DON'T, I DON'T, I DON'T TURN THE APPLICANT.

NO.

RIGHT.

OKAY.

NO.

SO TO THAT POINT, DO WE ENTERTAIN QUESTIONS FROM THE PUBLIC? IS IT, YOU CAN COME UP AND YOU CAN SAY THE TRAFFIC PATTERN SUCKS AND THE ALL THIS, THAT AND THE OTHER, AND HAS THERE, IS THERE A FIRE DEPARTMENT OR WHATEVER QUESTION YOU WANT TO ASK? BUT THIS IS A COMMENT PERIOD.

WE'RE NOT GONNA SIT UP HERE AND GET BACK AND FORTH WITH YOU.

IS THAT YOU, YOU CAN SET THE STANDARD THAT MM-HMM.

, THE, THE BOARD IS GOING TO LISTEN TO YOUR COMMENT AND MAY OR MAY NOT ANSWER QUESTIONS.

THE BOARD OF ALLMAN DO THAT.

THIS IS A RIGHT.

A COMMENT SECTION, NOT A QUESTION AND ANSWER SECTION.

RIGHT.

THAT'S THE, UM, DAMN, THEY JUST DID IT THIS WEEK.

THE, UM, THE BOARD OF ALLMEN, THEY DO THAT, UH, EVERY OTHER MEETING, PETITION TO CITIZEN, THEY DO THAT AND THAT THEY, THEY DON'T COMMENT BACK.

THE CITIZENS SAY WHATEVER THEY'RE GONNA SAY, AND THEN GENERALLY THEY DON'T.

SOMETIMES THEY DO.

SO, AND AGAIN, I THINK IT'S WORTH REITERATING THAT HALF OF WHAT YOU ALL DO, WHICH IS THE SUBDIVISION PROCESS, IS A TECHNICAL REVIEW PROCESS.

CORRECT.

SO THE NEED TO HAVE THIS ROBUST PUBLIC ENGAGEMENT DISCOURSE MAY NOT BE RELEVANT TO THE STANDARDS THAT YOU ALL ARE CONSTRAINED BY.

WHICH COMES ABOUT IN THE COMMENTS THAT WE'RE PROPOSING THAT YOU MAKE TO THE PUBLIC AS EACH ITEM COMES UP, THAT THIS IS WHAT WE'RE CONSIDERING.

AND HERE'S MY OTHER PROBLEM.

AND I ASKED, I ASKED ROBERT THIS LAST NIGHT AT, UH, THE MEETING AT, UH, DEVELOPMENT SERVICES ON THE SIGN THAT WE PUT OUT, IT SAYS, I GOT A PICTURE OF IT.

LEMME READ IT.

NOTICE OF PUBLIC HEARING.

NOW IT DOESN'T SAY PUBLIC COMMENT, BUT AS I, AS A LAYPERSON, IT'S A HEARING, PUBLIC HEARING.

I READ THAT AS I'M GONNA BE ABLE TO GO DOWN THERE AND TALK TO THESE PEOPLE.

THAT'S WHAT IT SAID.

AND, AND THAT'S TRUE IN ELICITING PUBLIC COMMENT.

YOU GIVE PEOPLE A FORUM TO EXPRESS THEIR THOUGHTS AND IDEAS TO THE EXTENT THAT THEY'RE GERMANE TO WHAT YOU'RE TALKING ABOUT.

I THINK NOW YOUR QUESTION THAT THE INQUIRY THAT THE BOARD IS STRUGGLING WITH IS TO WHAT EXTENT DO WE ASK QUESTIONS OF CITIZENS AND TO WHAT EXTENT DO WE RESPOND AS A BOARD RIGHT.

TO QUESTIONS FROM CITIZENS.

I THINK THAT'S WHEN IT GOES FROM A COM PUBLIC COMMENT PERIOD TO SOMETHING ELSE THAT IS MORE AMORPHOUS.

OKAY.

AND I THINK WHAT YOU ALL HAVE BEEN DEBATING IS MORE ALIGNED WITH A PUBLIC COMMENT PERIOD THAN THIS OTHER THING.

I'M, I'M GOOD WITH COMMENT, NO QUESTIONS.

I THINK, I THINK I, IF A PERSON HAS A QUESTION, WHAT IS WHAT I'M HEARING THEN? 'CAUSE THEY WILL BRING UP A QUESTION, YES, THEY WILL.

IF PEOPLE HAVE QUESTIONS.

YES, ABSOLUTELY.

THEN I THINK THAT WHAT YOU'RE CONTEMPLATING AND RESTRUCTURING, UM, PARAGRAPH H SEVEN IS TO GIVE STAFF AND OR THE OP THE APPLICANT AN OPPORTUNITY TO RESPOND TO ANY QUESTION, TO THE EXTENT THAT A RESPONSE IS NECESSARY FOR YOU ALL TO MAKE A DETERMINATION.

IT'S EXCELLENT LANGUAGE.

AND FOR US, MAKING A COMMENT TO THE MEMBER OF THE PUBLIC TO SAY THAT WOULD BE A QUESTION BEST FOR THE APPLICANT WHO'S HERE IN THE AUDIENCE.

AND JUST MAKING THAT SIMPLE STATEMENT.

I WOULD MAKE THAT STATEMENT AT THE BEGINNING.

MM-HMM.

, I THINK, YEAH.

I, I, I THINK I WOULD GO WITH, YOU KNOW, WE'RE BACK TO THAT EDUCATION PIECE.

YEAH.

YOU'RE HERE.

THE, THE, THE, WE'RE HERE TO LISTEN TO YOUR COMMENTS.

UM, THIS ISN'T A Q AND A SESSION.

I WOULDN'T SAY IT QUITE LIKE THAT.

I'D COME UP WITH SOME KIND OF FLOWER LANGUAGE.

UM, AND THEN THAT WAY

[01:30:01]

THEY CAN MAKE, WITH THE AFFIDAVIT, THEY CAN MAKE THEIR CON YOU KNOW, THEY CAN, THEY CAN MAKE THEIR CONTRIBUTION, WHICH I FEEL IS VERY IMPORTANT.

AND THEN, UM, WHETHER IT'S GERMANE TO THE CONVERSATION OR NOT REALLY ISN'T UP TO THEM, THAT'S UP TO US.

AND THAT'S OUR RESPONSIBILITY TO GO, HEY, I UNDERSTAND THE LOG AND EVERYTHING IN FRONT OF YOUR HOUSE AND YOU'RE NOT HAPPY ABOUT IT.

I GET IT.

BUT THEY MEET ALL THE PROCEDURES.

RIGHT.

SO IT'S, UH, AND SO, UM, I PROBABLY SHOULDN'T SAY THAT AGAIN, BUT, UM, I HAVE A, I HAVE A QUESTION.

ARE APPLICANTS REQUIRED TO BE HERE WHEN THEIR, WHEN THEIR ITEMS ARE BROUGHT UP? NOT THAT I HAVE FOUND WITHIN THE LAND USE ORDINANCE.

THE, THE POINT THAT I WOULD MAKE, AT LEAST WHEN I SPEAK TO THEM IS THAT YOU WERE STRONGLY ENCOURAGED TO BE HERE BECAUSE IF THERE IS QUESTIONS YOU WILL NEED TO BE ABLE TO ACTUALLY ANSWER THEM, ANSWER THE QUESTION.

THAT'S KIND OF TOUCHING ON, UM, WHAT MS. JAMIE HAS BEEN STATING TO YOU ALL.

UM, WHEN THE QUESTIONS COME ABOUT FROM CITIZENS, PRIMARILY, IT'S TYPICALLY DUE IN A TECHNICAL NATURE, WHICH HAS ALREADY BEEN IN MOST CASES, PROCESSED WHEN IT PERTAINS TO A SUBDIVISION.

SURE.

SO FROM MY STANDPOINT, IN THE RESPECT OF NOT BEING RUDE, I TRIED TO EXPRESS, YOU KNOW, THESE WERE, UM, THESE WERE THINGS THAT WERE VETTED ALREADY BY MULTIPLE DEPARTMENTS OF AGENCIES MAY, AND WHAT YOU COULD SAY IF YOU WANTED TO, IS TO EXPRESS TO THAT CITIZEN, IF YOU NEED ADDITIONAL INFORMATION, YOU'RE WELCOME TO REACH OUT TO THOSE DEPARTMENTS.

RIGHT.

UM, THAT MAY HELP THEM IN THAT SITUATION.

I KNOW WE'RE DOING TRAINING IN THE LAND USE ORDINANCE FOR STAFF AND BOARD.

UM, MAYBE THERE'S SOMETHING WE COULD COME UP WITH SOME KIND OF ONE PAGER THAT WE COULD HAND OUT TO THE PUBLIC.

WHEN YOU GET THAT PHONE CALL, HEY, GO TO THIS WEBSITE.

THIS IS WHAT THE PLANNING AND ZONING BOARD DOES, THIS IS WHAT THEY HAVE TO THINK ON, THIS IS WHAT THEY DO.

AND MAYBE THAT'S SOMEWHERE AS A QR CODE ON THE SIGN OR SOMETHING.

YEAH.

I DON'T KNOW.

I I MEAN I YOU COULD DO A QR CODE, YOU COULD JUST PUT IT ON THE WEBSITE.

YEAH.

A STATEMENT AS TO AND WITH THE TWO TYPES OF THINGS THAT WE TYPICALLY, BECAUSE THEY DON'T, THE PUBLIC DOESN'T KNOW.

I MEAN, I MEAN, I DIDN'T KNOW.

NO, NO ONE KNOWS.

AND SO THEY COME HERE AND THEY'RE EXPECTING US TO LISTEN TO THEIR CONCERNS, BUT I, WE CAN'T ACCURATELY, AND THOSE ARE FINE NOTES AND I, I KNOW THAT, UM, STAFF IS, IS LISTENING TO, TO THOSE RECOMMENDATIONS FROM YOU ALL.

UM, BUT AT THIS POINT, DIRECTING YOUR ATTENTION BACK TO THE RULE.

FAIR ENOUGH.

PROCEDURE FAIR.

WHAT I'M HEARING THE, THE COMMISSION SAY IS THAT YOU'RE COMFORTABLE WITH THE RULES AS PRESENTED EXCEPT SUBSECTION H, WHICH IS CONDUCT OF MEETINGS UNDER SUBSECTION SEVEN, YOUR CON ACTION ITEMS GOING, A STAFF REPORT, B, PUBLIC COMMENTS, AND THEN C APPLICANT REMARKS.

CORRECT.

AND THEN YOU WILL AMONGST YOURSELVES OR THE CHAIR, VICE CHAIR, COLLABORATE TO COME UP WITH A SCRIPT TO HELP, UM, PEOPLE SET EXPECTATIONS AND UNDERSTAND WHAT THE PARAMETERS OF THOSE OPPORTUNITIES MIGHT BE.

AND I THINK WE CAN WORK ON THAT LANGUAGE AS WE GO.

AND MAYBE AT SOME FUTURE DATE, WE ADD THAT INTO THESE RULES AND PROCEDURES.

AND THE SCRIPT MAY NOT NEED TO BE A PART OF THE RULES AND PROCEDURES.

FAIR ENOUGH.

THE PROCEDURES ARE, WHAT DO WE DO? WHAT WE SAY MAY BE AN ENTIRELY SEPARATE DOCUMENT.

OKAY.

THAT'S OKAY.

I'M JUST THINKING FUTURE CHAIRS, LIKE FUTURE CHAIRPERSONS, SOMEBODY GETS PHONESOMEBODY MAY NOT WANT TO MAKE THAT FAIR ENOUGH.

I A HUNDRED PERCENT.

SO THAT'S A HUNDRED PERCENT TRUE.

.

YEAH.

AND, AND TO BE, UM, ALSO TO EXPAND UPON THAT, THERE, THERE IS A PHONE NUMBER ON, ON THE SIGN.

THERE IS, THERE'S ALSO A PHONE NUMBER ON THE LETTER.

UH, FOLKS THAT ARE HERE WERE NOTIFIED IN SOME FASHION OR ELSE THEY WOULDN'T BE HERE.

FAIR ENOUGH.

IT WAS EITHER FROM THE SIGN OR IT WAS FROM THE LETTER.

AND BOTH OF THOSE HAVE CONTACT INFORMATION FOR KENDRICK VIA EMAIL OR PHONE NUMBER OR THE GENERAL NUMBER.

AND EMAIL IS AT THE BOTTOM OF THAT PAGE.

ALWAYS.

YEAH.

SO THERE'S A DIRECT LINE TO KENDRICK.

THERE'S ALSO A GENERAL LINE TO THE DEPARTMENT.

YEAH.

NO, I, I, I AGREE.

AND, AND, AND YOU'RE RIGHT.

AND THE PUBLIC COULD MAKE THAT PHONE CALL.

I JUST, I RESPECT THE PERSON THAT COMES DOWN HERE AND WANTS TO GET ON TELEVISION AND ASK THIS BOARD A QUESTION.

I DON'T KNOW.

IT'S NOT EASY.

I, I MEAN, JUST SITTING HERE AND, YOU KNOW, IT'S NOT AN EASY THING TO DO.

SO YEAH.

TO ME, I, I THINK WE SHOULD LET 'EM, I, YOU KNOW, I MAKE THEIR COMMENTS AS THEY SEE FIT, THAT, THAT'S JUST THE WAY I FEEL.

RIGHT.

IF, IF ONLY OTHER COMMENT I WOULD ADD IS AT THE START OF THE MEETING, IF YOU, I LETTING EVERYBODY IN THE AUDIENCE KNOW IF THEY WANT TO MAKE COMMENTS, THEY HAVE TO SIGN UP.

YEAH.

THAT'S, THAT, THAT'S THAT EVERY MEETING YOU GO TO, THAT'S, THAT'S AN ISSUE.

'CAUSE THEY JUST DON'T KNOW.

THEY SEE THE LITTLE SIGN SIGN UP SHEET OVER THERE.

AND DOES THAT MEAN I'M IN ATTENDANCE OR DO I, YOU KNOW, WHAT NEEDS TO GO? BUT I MEAN, THAT'S ONE OF THE PROCEDURAL THINGS THAT I, I THINK'S SUPPOSED TO BE HAPPENING IS YOU SIGN UP TO, TO COMMENT.

I CAN ADD IN THAT TO MY REMARKS YEAH.

OR SOMETHING THAT YOU ARE RIGHT.

WE HAD, WE HAD IT THIS EVENING.

I MEAN, FAIR ENOUGH.

I DIDN'T, YOU'RE YEP.

I LIKE THAT.

I HAVE ONE QUESTION ON THE LETTERS THAT THE

[01:35:01]

PUBLIC GET.

IS IT STATED THAT IF YOU HAVE ANY QUESTIONS, THEY COULD CALL THESE NUMBERS OR EMAIL? NOT ONLY THAT, IT'S STATED THAT IF YOU WANNA REVIEW THE PLANS OR ANY DOCUMENTS RELATED TO IT, YOU CAN GET IN TOUCH WITH US AND YOU CAN REVIEW IT.

OKAY.

OKAY.

SO MR. CHAIR, WHAT I'M HEARING IS THAT, UM, YOU MAY ENTERTAIN A MOTION TO ADOPT THE RULES OF PROCEDURES, UM, WITH THE ADDITION THAT SEVEN B AND C UNDER CONDUCT OF MEETINGS ARE SWITCHED.

YES.

WELL, IF, IF, IF THIS IS WHAT YOU GAVE US IS WHAT WE'RE GOING TO VOTE ON, I MEAN, ALDERMAN'S STILL SPELLED WRONG AND THERE'S STILL SOME OTHER THINGS IN HERE THAT, AND, AND I STILL HAVE MY COMMENTS THAT I MADE TO YOU.

OKAY.

NO, WE'RE NOT DONE.

SO YEAH, WE'LL JUST TALK.

OKAY.

SO, UM, HE'S RIGHT WHAT DIRECTION TO, WITH DIRECTION TO MAKE ANY FIX ANY TYPOGRAPHICAL CLERICAL ERROR.

OKAY.

SO DO YOU WANT ME TO POINT THOSE OUT NOW OR SHOULD I DO THEM LATER? THAT'S, SORRY.

WE CAN DO THAT ON, OKAY.

ALL RIGHT.

'CAUSE YOU'RE RIGHT, THE AUT MAN, IT SHOULD BE AUT MAN, WHO'S RIGHT ON THAT.

UM, OKAY, SO IS, AM I GOOD WITH THE BOARD FOR THAT ACT THAT ITEM SEVEN A, WE'RE GONNA FLIP THOSE TWO THINGS AND WE'LL COME UP WITH A SCRIPT OF SOME NATURE AND I'LL TRY IT OUT AND SEE WHAT HAPPENS.

OKAY.

KI WHAT ELSE DID YOU HAVE? OH, THAT, THE ONLY OTHER COMMENT THAT I, I HAD SENT TO YOU EARLIER WAS, UH, ABOUT THE OFFICERS, UH, THAT THE, UH, PLANNING DIRECTOR OR HIS DESIGNEE, WHO IS THE PLANNING DIRECTOR? THE DIRECTOR OF DEVELOPMENT SERVICES.

SO THAT'D BE MS. JUST, OKAY.

WELL, I MEAN, I, BUT PLANNING DIRECTOR'S, NO, THERE'S NOBODY, IF YOU LOOK ON THE WEBSITE, THERE'S NOBODY THAT HAS THAT JOB TITLE.

THERE'S DIRECTOR OF DEVELOPMENT SERVICES, BUT THERE'S NO, WE'RE SAYING PLANNING DIRECTOR AND I, THAT'S, IF AS I READ THIS, I DIDN'T KNOW WHO THAT WAS.

WE CAN MAKE THAT CHANGE THAT, I THINK THAT'S WHAT THE WAY THE ORDINANCE IS WRITTEN, UM, WHICH WAS NOT UPDATED TO REFLECT THE CHANGE IN THE NAME OF THE DEPARTMENT.

BUT THAT'S A VERY EASY FIX.

WOULD YOU MAKE IT KENDRICK'S, UM, TITLE? NO, SIR.

HE, HE, THE ORDINANCE SAYS HE'S THE CLERK.

OH, SO IT WOULD BE JESSICA'S TITLE? YES.

OKAY.

AND KENDRICK, YOU'RE THE CLERK, CORRECT? TECHNICALLY, YES, SIR.

HE'S THE DESIGNEE.

HE'S DESIGNEE.

YEAH.

HUH.

OKAY.

ANYTHING ELSE? UH, HEARING NOTHING ELSE, I'LL ENTERTAIN A MOTION ON THE RULES AND PROCEDURES WITH THE CHANGES.

I'LL MAKE A MOTION THAT WE APPROVE THE RULES AND PROCEDURES, UH, WITH THE CHANGES TO SEVEN H AS DISCUSSED AND THE CHANGES, UH, TO FORESEE AS DISCUSSED, INCLUDING ANY FIXES TO ANY TYPOGRAPHICAL ERRORS CURRENTLY EXISTING IN THE DOCUMENT WE HAVE.

I HAVE A MOTION.

I'LL SECOND THAT.

I HAVE A SECOND.

ANY MORE DISCUSSION? HEARING NONE.

ALL THOSE IN FAVOR SAY AYE.

AYE.

ALL OPPOSED? MOTION CARRIES OUR NEXT ITEM.

I WILL ENTERTAIN A MOTION TO ADJOURN.

SO A MOVE I MOVE, WE ADJOURN.

UH, ALL THOSE IN FAVOR SAY AYE.

A.

ALL OPPOSED, WE'RE ADJOURNED.