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ALRIGHT.

O'CLOCK, SIX

[00:00:01]

O'CLOCK.

WELCOME

[1. CALL TO ORDER]

EVERYBODY.

THANK YOU FOR BEING HERE TONIGHT.

UM,

[Additional Item.]

I'D LIKE TO START US OFF, UH, BEFORE WE, UH, GET INTO THE AGENDA, UH, WITH A MOMENT OF SILENCE, UH, FOR TWO PEOPLE.

ONE WOULD BE GEORGE CARIS, WHO'S LONG TIME MEMBER OF OUR COMMUNITY.

AND, UM, SO MANY PEOPLE KNEW HIM AND AND RESPECTED HIM.

AND, UH, HE'S DONE SO MUCH FOR THE CITY OF MARTINSBURG.

SO I'D LIKE TO HAVE A MOMENT OF SILENCE FOR HIM.

AND SORRY TO PUT YOU ON THE SPOT THERE, UH, SCOTT, BUT YOUR MOTHER WHO, WHOM I KNEW FROM GROWING UP AND YOUR FAMILY, AND THEY WERE FANTASTIC PEOPLE.

AND, UH, I REMEMBER YOUR MOTHER VERY FONDLY, SO I LIKE TO GOOD.

YES.

SO, SO SURE ABOUT HER CHILDREN WITH .

Y'ALL DID GOOD.

SO WE HAVE A MOMENT OF SILENCE, PLEASE.

THANK YOU VERY MUCH.

APPRECIATE THAT.

THANK YOU.

AND, UH, SO WE WILL CALL THE MEETING TO ORDER AND WE'LL HAVE ROLL CALL PLEASE.

JIM ROGERS.

HERE.

MARK PALMER.

HERE.

GEORGE RANKER.

HERE.

HUNTER MARTIN.

HERE.

CRAIG BARTLES? HERE.

SCOTT HAMILTON.

HERE.

STEVE WORKINGS? HERE.

KEENAN PULLER? HERE.

STEVE KNIGHT.

KEN SAYER.

HERE.

VERY GOOD.

UH,

[3. APPROVAL OF MEETING MINUTES]

WE HAVE OUR MEETING MINUTES FROM MAY SEVEN.

I'LL NOTE THAT THERE IS A MOTION CORRECTION AS PART OF THE MINUTES.

YES.

I WAS GONNA ASK YOU IF, UH, LEGAL WAS OKAY WITH THAT.

WHAT? UM, SO THE MOTION WAS MADE DETERMINING THE SITE PLAN FOR THE SCHOOL? COMPLETE, DETERMINED, COMPLETE.

IT NEEDED TO BE APPROVED 'CAUSE IT WAS A SITE PLAN.

OKAY.

I DIDN'T KNOW IF THAT WAS, THEY HAD TO MAKE ANOTHER MOTION OR WHAT HAVE YOU.

BUT WE CAN MOVE TO AMEND THE MINUTES.

IT WORKS FOR ME.

OKAY.

SO WITH, IF THERE ARE NO OTHER FURTHER, UH, CORRECTIONS SUGGESTED, I'LL TAKE A MOTION TO APPROVE THE MINUTES WITH, WITH THE MOTION CORRECTION.

I WILL SO MOVE.

IT'S BEEN MOVED.

DO I HAVE A SECOND? I THINK THERE'S A MINOR CORRECTION ON THE FIRST PAGE.

OKAY.

UM, WHERE IT SAYS PROJECT 20 24 108.

SP THEN WHEN THE MOTION WAS MADE, IT'S FP.

SHOULD THAT BE SP THAT SHOULD BE SP YOU WEREN'T CORRECT.

OKAY.

I MEAN, IT WAS VERY MINOR, BUT I NOTICED IT.

I WITHDRAW MY ORIGINAL MOTION.

I WILL MAKE THE MOTION ONCE AGAIN TO APPROVE WITH THE ADDITIONAL CORRECTION JUST DESCRIBED.

OKAY.

ANY SECOND.

BEEN MOVED AND SECONDED.

ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.

A AYE.

ANY OPPOSED? MOTION PASSES.

THANK YOU VERY MUCH.

OKAY.

WE ARE

[4. UNFINISHED BUSINESS/PUBLIC HEARINGS]

GOING TO UNFINISHED BUSINESS PUBLIC HEARINGS.

WE HAVE, UH, SEVERAL THAT ARE RELATED.

UM, AND WE DO HAVE TO HAVE A PUBLIC HEARING FOR EACH OF THEM.

SO, UH, FOR PROJECT NUMBER 2 0 2 5 DASH 19 DASH FP, FINAL PLAT APPROVAL FOR THE GALLERY, SECTION TWO, PHASE SEVEN.

I WILL OPEN THE FLOOR FOR THE PUBLIC HEARING PORTION OF THIS MEETING.

AND ANYBODY THAT WOULD LIKE TO COME FORWARD AND SPEAK OUT EITHER OPPOSED TO OR IN FAVOR OF THIS FINAL PLA APPROVAL, PLEASE DO SO.

NOW, LET THE RECORD SHOW THAT NO ONE HAS COME FORWARD, UM, TO DO IT.

SO I WILL CLOSE THE FLOOR FOR THE PUBLIC HEARING PORTION OF THIS, UH, PARTICULAR FINAL PLAT APPROVAL.

WILL THE APPLICANT PLEASE COME FORWARD? IDENTIFY YOURSELF? UH, MATT MONAGHAN WITH DRB HOMES.

VERY GOOD.

AND THIS IS A FINAL PLA APPROVAL, UH, PARCEL TWO GALLERY SECTION 2 55 TOWN HOMES, COMMISSIONERS, ANY QUESTIONS OR CONCERNS MEETS ALL PLANNING, UH, DEPARTMENT REQUIREMENTS? I'M, I'M ASKING.

IT MEETS ALL.

OH, YES.

YES IT DOES.

GOOD.

THOUGHT YOU WERE, I THOUGHT YOU WERE READING MY STAFF REPORT.

YES.

.

JUST VERBALLY CONFIRMING.

YES.

YES.

THANK YOU.

MEETS ALL THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE.

THANK YOU.

I WILL MOVE THAT WE APPROVE THE FINAL PLAT FOR PROJECT NUMBER 2 0 2 5 19 DASH FP.

SECOND.

MOVED IN SECOND.

ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? MOTION PASSES.

OKAY.

UM, WE ARE GOING TO PROJECT NUMBER 2 0 22 DASH 87 DASH FP, FINAL PLA APPROVAL GALLERY

[00:05:01]

SECTION TWO, UH, 33 SINGLE FAMILY HOMES.

I'LL OPEN THE FLOOR FOR THE PUBLIC HEARING PORTION OF THIS MEETING.

ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK OUT EITHER OPPOSED TO OR IN FAVOR OF THIS FINAL PLAT APPROVAL.

PLEASE DO SO.

NOW, LET THE RECORD SHOW THAT NO ONE HAS COME FORWARD TO SPEAK OUT AS PART OF THE PUBLIC HEARING PORTION OF THIS MEETING.

SO, UH, IF YOU COULD JUST RE-APPROACH AND ONCE AGAIN, CONFIRMING THAT IT MEETS ALL PLANNING DEPARTMENT REQUIREMENTS.

YES, IT DOES.

YES.

OKAY.

I WILL MOVE THAT WE APPROVE THE FINAL PLAT FOR PROJECT NUMBER 2 0 2 2 DASH EIGHT SEVEN DASH FP.

SECOND, BEEN MOVED AND SECONDED.

ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? MOTION PASSES.

THANK YOU VERY MUCH.

OKAY, NEXT ONE IS PROJECT NUMBER 2 0 2 2 DASH 86 DASH FP.

FINAL PLAT APPROVAL GALLERY SECTION TWO, PHASE THREE, A PARCEL 2 25 SINGLE FAMILY HOMES.

I'LL OPEN THE FLOOR FOR THE PUBLIC HEARING PORTION OF THIS MEETING.

ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK OUT EITHER OPPOSED TO OR IN FAVOR OF THIS FINAL PLAT APPROVAL.

PLEASE DO SO.

NOW, LET THE RECORD SHOW THAT NO ONE HAS COME FORWARD TO SPEAK OUT AS PART OF THIS PUBLIC HEARING PORTION OF THIS MEETING.

SO, COMMISSIONERS, I WILL MOVE THAT WE APPROVE THE FINAL PLAT.

SECOND FOR PROJECT NUMBER 2 0 2 2 EIGHT SIX FP.

THANK YOU.

YOU'VE BEEN MOVED AND MAKE IT AND A SECOND FROM COMMISSIONER HAMILTON.

IS THAT CORRECT? IS THAT YOUR SECOND? YES.

SECOND.

YES.

THANK YOU VERY MUCH.

OKAY.

IT'S BEEN MOVED.

AND SECOND, ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? MOTION PASSES.

THANK YOU VERY MUCH.

OKAY, WE ARE ONE MORE GOING ON.

ARE YOU UP FOR THE NEXT ONE? YES.

OH, SUPER.

OKAY.

PROJECT NUMBER 2 0 2 5 DASH EIGHT DASH FT.

HE'S BUYING, HE'S BUYING DINNER TONIGHT.

.

YEAH, YOU'RE ON A ROLL.

UH, FINAL PLAT APPROVAL VILLAGES AT COURTHOUSE SQUARE, PHASE ONE, LATS LOTS, ONE THROUGH ONE TWELVE, A HUNDRED TWELVE TOWN HOME AND ASSOCIATED INFRASTRUCTURE.

UM, I WILL OPEN THE FLOOR FOR THE PUBLIC HEARING PORTION OF THIS MEETING.

I APOLOGIZE.

THIS IS MY FIRST TIME DOING THIS, SO I'M GONNA BE HORRIBLE AT IT AND SHAKY BECAUSE I GET NERVOUS.

NO, YOU'RE FINE.

SO I APOLOGIZE.

UM, I OWN A PROPERTY, UM, AT COURTHOUSE SQUARE DRIVE, UM, RIGHT AS SOON AS YOU GET INSIDE OF THERE.

UM, THE PLAN IS AROUND MY PROPERTY.

COULD YOU IDENTIFY YOURSELF, PLEASE? OH, YES SIR.

I'M SORRY.

UH, NATHANIEL MCLEAN AND MCC TAX MAP.

IT WAS, UH, 25 3 0.1 IS MY PROPERTY.

OKAY.

UM, I WAS, I FOUND OUT ABOUT IT THIS YEAR, UM, IN FEBRUARY, UM, WHENEVER THE SEWER COMPANY HAD CONTACTED ME AND SAID THAT, UH, UM, I NEEDED TO SIGN, UH, AN EASEMENT BECAUSE THEY HAVE ONE, BUT THEY LOST IT.

UM, SO THEY HAVE ME BRING QUESTIONS LIKE, WELL, CAN YOU SHOW ME WHAT IT'S FROM? AND THEY SAID, YOU KNOW, I DON'T NEED IT NO LONGER, ACTUALLY, WE'RE GONNA, WE CAN TAKE IT ANYHOW BY ADVERSE POSSESSION.

I WAS, WELL, HOW CAN YOU DO THIS? UM, AS I DELVE MORE INTO IT, I FOUND OUT THE CITY THAT BACK IN 23, UM, I MEAN, I GUESS THE PLANS WERE MADE.

UM, MY NAME WAS NOT LISTED ON THE PROPERTY, ON, ON THE PLAT, UH, WHICH IS PROBABLY WHY I GET CONTACTED.

BUT THEN I FOUND OUT, WELL, I LOOKED A LITTLE DEEPER.

UM, THE PERSON WHO SOLD IT TO ME, PANHANDLE DUMPSTERS, UM, THEY ALSO, THROUGH TOUCHSTONE, THE SAME OWNER, UH, OWNS BOTH, UH, THROUGH TOUCHSTONE, HAD BOUGHT THAT PROPERTY.

THEY SOLD TO DAN RYAN.

AND, UM, IT WAS DIFFERENT BECAUSE HIS NAME WAS PERSONALLY ON THIS DEED AND HE HAD SOLD IT TO PANHANDLE.

SO WE'RE TALKING, UM, THREE, UH, YEARS PRIOR TO THE PLAT.

UM, SO THE NAME WAS INCORRECT.

IT WAS INCORRECT.

I ASKED FOR THE REVISIONS FROM THE CITY, I BELIEVE, UM, I HAVE THE CORRECT ONES.

AND IT LOOKS LIKE IN THE BEGINNING OF, UH, UM, THIS YEAR, IT WAS FINALLY CHANGED OVER TO MY NAME.

SO I SAY FIRST I'VE NOT HAD A CHANCE TO BE FULLY REPRESENTED ON IT.

UM, SECOND, WHEN I HAD THE, UH, UH, THE SEWER COMPANY TELL ME THIS, AND, AND I LOOKED INTO IT, THEY HAD MENTIONED THEY HAD GAVE ME PLATS OR SEWER MAPS SAYING THAT, WELL, THIS PIPE'S NOT EVEN IN YOUR LAND, SO IT DOESN'T MATTER.

I'M SORRY, I BOTHERED YOU.

AND I LOOKED AT IT FURTHER.

I WAS LIKE, BACK IN THE 2023, IT SHOWS THIS PIPELINE ENTIRELY ON, OR 90% CROSSING MY FRONTAGE OF MY PROPERTY.

AND I WAS LIKE, WELL, THAT'S NOT ACCURATE.

UH, AS

[00:10:01]

SOON AS I ASKED THE QUESTIONS, I WAS TOLD, WELL, WE'RE NO LONGER GONNA TALK TO YOU ANYMORE UNLESS YOU HAVE AN ATTORNEY.

AND I SAID, I'M JUST ASKING QUESTIONS.

I'M JUST FINDING OUT ABOUT THIS.

UM, SO THEN I DID A FOUR YEAR REQUEST FOR, UH, IN THE COVO AGREEMENT, WHICH I HAVE WITH ME TODAY.

I DIDN'T KNOW IF I'M, IF I TAKE, BRING STUFF OR NOT, OR GIVE IT.

UM, BUT IN THE COVO AGREEMENT WITH THE FORMER LANDOWNER, UM, COURTHOUSE SQUARE APARTMENTS, UM, IN OH SIX HAD BUILT A PIPELINE, ENTERED, UM, AN AGREEMENT WITH THE SEWER DISTRICT.

AND IN THIS AGREEMENT, UM, IT SAYS THAT THEY WERE THE SOLE OWNER OF IT UNTIL IN ARTICLE FIVE IT SAYS THAT IT, ONCE UPON COMPLETION, IT'LL BE INSPECTED.

IT'LL BE APPROVED OR INSPECTED, APPROVED AND THEN TRANSFERRED.

AND AT THAT MOMENT, THE SEWER WOULD GET, WOULD GET IT.

UM, AS I LOOKED FURTHER ON THE MAPS, I SEE THAT THE CITY OF MARTIN OR THE BERKELEY COUNTY, UM, HAS PUT THEIR NAME ON MY, ON MY PLAT, UH, SORRY, ON MY, UH, SEWER LINE, CLAIMING IT AS IT'S THEIR EXISTING LINE.

IT HAS NEVER BEEN USED FOR SEWER, IT'S NEVER BEEN COMMISSIONED.

UH, I HAVE A FOIA REQUEST WITH ME RIGHT NOW WHERE THEY ANSWERED IT 60 DAYS AFTER 60 DAYS.

AND ON THE SAME DAY, HE GAVE ME AN OFFER LETTER THROUGH EMAIL, NOT EVEN THROUGH REGISTERED MAIL OR CERTIFIED MAIL, UM, FOR EMINENT DOMAIN.

UH, WHEN I GOT IT, I RESPONDED TO HIM AND SAID, I'D LIKE TO DISCUSS THIS WITH AN ATTORNEY.

THE NEXT DAY HE FILES EMINENT DOMAIN.

I DIDN'T EVEN HAVE A CHANCE.

BUT THE UNIQUE THING ABOUT IT IS ON THE PIPELINE.

'CAUSE THIS HAS BEEN IN DISPUTE.

I'VE TOLD THEM, THE RECORDS SHOW, THIS IS MY PIPELINE.

I HAVE NO PROBLEM WORKING WITH YOU.

I I HAVE EMAILS ABOUT FIVE OR SIX DIFFERENT TIMES BEFORE THEY CUT ME OFF WHERE I OFFER TO WORK WITH THEM.

DAN RYAN, I HAD MET WITH THEM.

I HAVE EMAILS WHERE I OFFER THEM FIVE DIFFERENT OPTIONS OF WHAT I'D BE WILLING TO DO AND INTERESTED IN HEARING MORE.

UM, BUT IT APPEARS THEY'VE BEEN WORKING TOGETHER ON THIS POTENTIALLY, I DON'T KNOW.

BUT, UM, THEY CUT COMMUNICATIONS OFF.

UM, AND THEN I HAVE THE EMINENT DOMAIN.

BUT IN THE EMINENT DOMAIN, ONE, I I, FROM MY UNDERSTANDING, IF THERE IS A PROPERTY AND DISPUTE, IT CAN'T BE, THERE CANNOT BE AN APPROVAL.

UM, AND RIGHT NOW THEY HAVE A DEFEASIBLE TITLE.

I'VE NOT BEEN REPRESENTED IN COURT, NOT BEEN ABLE TO SHOW IT.

THERE'S BEEN A LOT OF MISCONDUCT THAT'S DONE, THAT I'VE DOCUMENTED.

AND, AND WE ARE GOING TO BE GOING AFTER.

IN FACT, TODAY I SHOULD HAVE HAD A FILING IN, UM, FOR A DEC UM, A DECLARATORY JUDGMENT ON THE ROAD AND A SEWER LINE.

I HAVE AN EASEMENT FROM BACK IN 1993 THAT GRANTS ME AN EASEMENT ON COURTHOUSE DRIVE.

UM, BACK IN OH SIX, THERE WAS A, AND THEY WERE DOING THE PLAT COURTHOUSE SQUARE APARTMENTS, AND IT FAILED.

UH, THEY, THEY WERE GOING TO GO TO THE PUBLIC, BUT IT WAS NEVER ACCEPTED.

IT WAS NEVER FINAL APPROVED.

THE THE ROAD IS NOT A PUBLIC ROAD YET.

I STILL OWN THAT.

AND IT HAS VEERED AWAY FROM MY PROPERTY.

NOW, I HAD NO IDEA.

I WAS NEVER NOTIFIED BECAUSE ON THOSE PLATS IT SAID ROBERT ANDREW JOHNSON, WHO WAS THE PANHANDLE PERSON WHO SOLD IT TO ME.

UM, SO I WAS NEVER NOTIFIED, NEVER HAD AN OPPORTUNITY TO PRESENT MYSELF OR, OR, OR ANYTHING.

AND OF COURSE, THE SEWER, THE SEWER COMPANY.

UM, ONCE I STARTED ASKING THESE QUESTIONS, UM, CUT EVERYTHING OFF.

AND THEN IMMEDIATELY THEY HAD THREE BOARD MEETINGS WHERE THEY PRESENTED IT, UH, MY FOUR YEAR REQUEST, BUT IGNORED IT.

ON THE 80TH DAY OF MY FOUR YEAR REQUEST, I FINALLY GOT THE DISTRICT'S PLANS.

THEY SAID DISTRICT'S PLANS.

I COME TO FIND OUT IT WAS ACTUALLY JUST THE CITY PLANS, BUT I DIDN'T KNOW THAT THEY HAD MENTIONED DISTRICT PLANS ON THE 80TH DAY.

I GOT IT AFTER THE COMBINATION WAS FILED.

UM, SO I AM, I, THERE'S A FILING.

IT WOULD'VE BEEN DONE TODAY AGAIN, BUT IT'LL BE DONE EARLY TOMORROW MORNING WHERE THERE WILL BE A DECLARATORY JUDGMENT ON THE ROAD, UM, AND ON THE PIPELINE, UM, FOR THAT.

BUT CURRENTLY RIGHT NOW, THE WAY THAT MR. WILLIAM WARAL HAD FILED IT, UH, HE CLAIMED THE ENTIRE LAND OVER 300 FEET OF MY PIPELINE.

UM, AND HIS WORDS TO ME WERE, I BELIEVE THAT NOW BECAUSE I'VE BEEN GRANTED THIS, I OWN THAT PIPELINE.

BUT IN THAT DEED OR IN THAT VESTED TITLE, UH, THE FEASIBLE TITLE, IT DOES NOT STATE ON THERE.

OR SORRY, IT, IT DOES NOT STATE ANYWHERE AT ALL FROM THE JUDGE, FROM HIM.

ANY DESCRIPTION OF A PIPELINE.

IT'S ONLY MY LAND.

THERE'S OVER 640 FEET OF PIPELINE FOR THEIR PROJECT.

'CAUSE THAT WAS AN OLD PIPE.

THEY'RE ONLY USING 64 FEET OF MY PIPE, BUT THEY'RE TAKING MY ENTIRE LAND FORWARD.

AGAIN, NOT FOR PUBLIC USE.

THIS IS NOT AN EXTENSION TO GO OUT MORE TO THE PUBLIC.

IT'S JUST GOING JUST TO THE FEW HOMES THAT IS TYING INTO ACROSS THE ROAD.

AND THEY'RE TAKING MY LAND FOR, UM, I DON'T KNOW.

I HAVE THE DOCUMENTS HERE, BUT I WANT, I DON'T, I DON'T KNOW, I DON'T KNOW WHAT THE PROCESS IS OR WHAT WOULD MAKE IT AVAILABLE TO YOU GUYS TO SEE.

BUT THERE IS AN ACTIVE CASE, UH, MR. WILLIAM AUGH AGAIN.

UM, WHEN I HAD BROUGHT UP ON, UM, MAY 20TH AT THE, UH, UM, THE SEWER DISTRICT BOARD MEETING, I PRESENTED IT AND SAID, HEY, I OWN THIS.

I DIDN'T KNOW, THEY ACTUALLY HAD THREE MEETINGS PRIOR ABOUT THIS STUFF WHEN THEY WEREN'T GIVEN MY FOIA.

AND THEY SAID, OH NO, WE'RE NOT TALKING ABOUT THIS RIGHT NOW.

IT'S IN LITIGATION.

IT'S IN LITIGATION.

WE CAN'T TALK ABOUT

[00:15:01]

THAT.

I SAID, WELL, THE PIPELINE'S NOT MENTIONED.

THEN I GOT AN EMAIL FROM MR. AUGH, I HAVE ON ME TODAY TOO, WHERE IT STATES, UM, THAT THE PIPELINE WILL BE DEALT WITH IN COURT.

AND THERE IS A COMMENT HE MAKES, UM, WHERE THERE WAS AN EASEMENT ON MY PROPERTY.

UM, I'VE TRIED TO DISCUSS IT MANY TIMES BEFORE HE CUT ME OFF.

BUT FINALLY, I THINK AS HE HAD TO WITH THE EMINENT DOMAIN, I WAS ABLE TO FINALLY SHOW HIM HIS FILING TO THE COURT WHERE HE CLAIMS ON MY TITLE, THERE'S AN EASEMENT AT VERY ONE.

UH, IN MARCH 25TH, IT WAS VACATED, TERMINATED BY ALL THE PARTIES FROM BACK AT COURTHOUSE SQUARE DRIVE, MERIDIAN PARKWAY.

UH, WHEN THE GUY HAD FORECLOSED, HE HAD SOLD AN EASEMENT TO MERIDIAN PARKWAY.

UM, AND THEY WERE GONNA DO IT, BUT THEY NEVER WENT ANYWHERE WITH IT.

IT DISSOLVED.

UM, BUT TOM BURKE, UM, AND A FEW OTHER SURROUNDING PEOPLE WHO WERE HAD OWNED PROPERTY, UM, HAD ALSO TERMINATED AND VACATED ON THE SIGNATURE.

AND I HAVE THAT ON ME RIGHT NOW AS WELL.

SO THERE IS NO EASEMENT ON MY PROPERTY.

THE PIPELINE HAS NEVER BEEN COMMISSIONED.

IT'S NOT TECHNICALLY A SEWER LINE.

IT'S, IT'S MY PIPELINE.

UM, THEY'VE DONE TACTICS THAT WERE SHADY AND DID NOT INVOLVE ME.

I'VE HAD NO OPPORTUNITY TO HAVE DUE PROCESS IN THIS.

UM, BUT WE ARE NOW, UM, SO I'M ASKING, UH, FOR DENIAL OF THIS, FOR THE TIME BEING TILL WE GET THIS FIGURED OUT IN THE CLOUD.

BECAUSE EVEN IN HIS OWN PETITION, HE CLAIMS THERE'S A CLOUD ON IT, ON THE TITLE OF MY PROPERTY.

UM, WHICH IS WHERE THE PIPELINE'S AT AND WHAT THEY'RE TRYING TO TAKE.

UM, SO I THINK THAT'S, SORRY IT'S MY FIRST TIME, BUT, UH, UM, IT'S REALLY BELIEVE THAT'S THE MAJORITY OF IT THERE.

I, UH, I WANT TO WORK WITH THE, UH, WITH THEM.

I'VE BEEN OPEN SINCE THE VERY BEGINNING.

UM, BUT APPARENTLY IT'S MUCH BETTER TO TAKE, YOU KNOW, A 600 FOOT FOOT, 600 FOOT PIPE PIPELINE FOR FREE THAN IT IS TO PAY FOR IT.

MR. CHAIRMAN, I JUST WANT TO CLARIFY A COUPLE THINGS.

UH, AND SIR, WHAT WAS YOUR NAME? NATHANIEL MCCLAIN.

MCCLAIN? YES, SIR.

SO MR. MCCLAIN, UH, HE'S KIND OF INTERMIXED THE CITY AND BERKELEY COUNTY PUBLIC SEWER DISTRICT.

YES.

I'M SORRY.

YEAH.

SEWER DISTRICT.

SO SEWER DISTRICT IS, IT'S NOT THE CITY SEWER? NO, NO, NO, NO.

SO IT'S, IT'S NOT OUR LINE.

AND AS FAR AS I KNOW, YOU'VE NEVER FILED A FOER REQUEST WITH THE CITY? NO.

NO, BECAUSE I IT WAS WITH THE, IT WAS WITH THE PSD.

CORRECT.

I JUST WANTED TO CLARIFY FOR THE COMMISSION.

I APOLOGIZE.

YEAH.

AND THAT ALL IS THE PSD, NOT THE CITY SANITARY BOARD.

OKAY.

SO, SO, BUT FOR MY CLARITY, THE DEVELOPMENT THAT'S BEFORE US IS GOING TO DEPEND ON A PORTION OF YOUR PIPE, UH, PIPELINE.

IS THAT CORRECT? UM, THEY HAVE, UH, THERE'S A FEW HOMES, UM, A LONG COURTHOUSE DRIVE.

THE MAJORITY OF THE PROPERTIES SURROUND IT.

UM, THEY HAVE PIPELINES GOING FROM BOTH DIRECTIONS ACCORDING TO THE MAP.

UM, BUT THEY CHOSE, 'CAUSE THEY SAW THAT ONE THERE.

I DON'T KNOW WHO ENDED UP CLAIMING IT BECAUSE IT WAS NEVER GIVEN TO ANYBODY.

UM, THERE'S NO RECORDS OF IT.

IN FACT, THAT WAS ONE OF THE FOYER REQUESTS.

AND, AND THEY, I HAVE THAT WHERE THEY GUAR OR THEY SAID IT, THEY HAVE NO OWNERSHIP.

THEY, BUT SOMEONE HAD CLAIMED IT.

SO THEY BUILT THEIR PLANS AROUND IT.

AND THAT'S WHENEVER I FOUND OUT ABOUT ALL THIS, BECAUSE I WAS NOT LISTED ON ANYTHING, I, I, I COULDN'T SAY ANYTHING.

BUT ONCE I DID, I, I TOLD THEM IT WAS MY PIPELINE.

I HAVE NO PROBLEM DOING IT.

IN FACT, I OFFERED JUST, HEY, YOU KNOW WHAT? IF YOU JUST BRING ME SOME CONNECTIONS IN FOR ELECT FOR UTILITIES, WE'LL CALL IT EVEN WHAT A GREAT DEAL.

IT WASN'T EVEN THAT BIG OF A DEAL.

YOU'RE ALREADY DOING THE WORK.

IT'S IN KIND.

UM, BUT YES, IT'S, UH, THERE ARE SOME, UM, SOME HOMES THERE.

BUT ACCORDING TO THE PUBLIC USE OF SUPREME COURT, THERE'S A BUNCH OF DIFFERENT DECISIONS.

ONE OF 'EM IS THE KETO, UM, AND THAT DECISION PUBLIC USE, IT CAN'T BE FOR, UM, TO BENEFIT A CONTRACTOR OR FOR A FEW HOMES.

NOW, IF IT WAS THE EXISTING HOME AND A REFURBISHING, THEN YES, BUT ACCORDING TO THE DECISIONS, IT CAN'T BE DONE FOR A COUPLE OF BRAND NEW HOMES.

IT'S PROFITING THE DEVELOPER.

UM, THEY HAVE A COVID AGREEMENT SIGNED IN 2023, I THINK ON OCTOBER 17TH.

UM, AND IN THAT IT LITERALLY STATES THE, UM, THE DEVELOPER IS SUPPOSED TO INCUR THE COSTS OF THIS.

UM, BUT THEY ARE NOT, UM, THAT PROPERTY DEVELOPER FORECLOSED.

I GOT THE PROPERTY, MY PIPE, I HAVE THE INVESTMENT IN IT.

THEY NEED TO PAY FOR THE INVESTMENT OF THE PIPE, JUST LIKE THE CODE AGREEMENT DOES.

THEY'RE BYPASSING THE THIRD PARTY.

'CAUSE I OWN THAT.

AND THAT WAS AN AGREEMENT THEY HAVE.

IN FACT, I HAVE AN AGREEMENT, THERE'S AN AGREEMENT IN 2006 WITH THE, WITH THE PUBLIC, UM, BERKELEY COUNTY SEWER DISTRICT FOR THE SAME THING.

BUT AGAIN, IT STATES SOLE OWNERSHIP UNLESS THESE THINGS ARE MET.

UM, IT'S JUST VERIFIED PROOF.

THEY DON'T HAVE IT.

I HAVE THE, THE FOIA REQUEST FROM THEM.

UM, AND IT'S NOT FOR A PUBLIC PUR PURPOSE.

THEY COULD HAVE REROUTED ANYWHERE ELSE.

THEY COULD HAVE NEGOTIATED.

I OFFERED MANY, MANY TIMES AND IT WAS STILL OPEN RIGHT NOW.

UM, BUT NO ONE'S APPROACHED ME, UH, EVER SINCE THE MONTH PRIOR TO FILING.

SO THE CITY, I MEAN, NOT THE CITY, I'M SORRY, THE, THE WATER AND SEWER WOULD, WOULD BE PROVIDED THROUGH

[00:20:01]

BERKELEY COUNTY PSD? CORRECT.

AND I WANTED TO ADD THAT WE DO IT, THIS SITE PLAN HAS BEEN APPROVED.

AND WITH THAT APPROVAL, WE HAVE BERKELEY COUNTY WATER APPROVAL, THE SEWER DISTRICT APPROVAL.

WE HAVE THE, UM, STATE HEALTH PERMITS ALSO.

WE, WE, WE RECEIVED ALL THAT AT, AT SITE PLAN APPROVAL.

BUT IF YOU LOOK AT THE PLATS, WHICH, WHICH IS THE REQUIREMENT OF OUR ORDINANCE.

OKAY.

BUT THERE'S AN ACTIVE CASE ON THIS RIGHT NOW AS WELL.

AND THERE'S GONNA BE MORE COMING.

THERE'S STILL, REGARDLESS OF THE ONES COMING, THERE IS AN ACTIVE CASE RIGHT NOW.

UM, SO TO, TO APPROVE THIS.

AND THEY DON'T HAVE, THEY HAVE A VESTED TITLE.

IT'S DEFEASIBLE.

UH, THEY DON'T OWN IT.

THEY DON'T HAVE IT.

IT CAN BE DEFEATED.

UM, SO RIGHT NOW TO GIVE IT UP AND THEY DESTROY MY PIPELINE OR THEY DESTROYED MY LAND, THAT'S DAMAGES.

AND IF THE APPROVAL CAME FROM HERE, YOU SHOULDN'T HAVE TO CARRY THAT LIABILITY, ESPECIALLY OVER DUE PROCESS.

THEY HAD THE CHANCE TO DO IT.

2023, I WAS GIVEN SEWER DISTRICT PLANS WHERE THE PIPELINE WAS 15 FOOT OUT OF MY LAND SAYING IT'S NOT EVEN ON YOUR LAND.

I HAVE THREE TIMES THEY DID IT TO ME, INCLUDING THE LAWYER, WILLIAM AUGH SAYING THAT TO ME, TRYING TO PUSH ME TO SIGN THIS.

LIKE THERE'S THE MISCONDUCT MISREPRESENTATION IS VERY PRESENT THERE, THE 60 DAY FOIA TO GIVE ME THE ANSWER THAT THEY DON'T OWN THE PIPELINE ON THE SAME DAY THEY START THE PROCEEDINGS, THE 80TH DAY TO EVEN GIMME THE PLANS.

FINALLY, AFTER ASKING WHEN THEY'VE HAD IT SINCE 2023.

MR. CHAIRMAN, I'LL REMIND THAT THIS IS PART OF A PUBLIC HEARING REALLY, AND BELIEVE THAT WE KNOW WHAT WE NEED.

YES.

OKAY.

YEAH.

IS THE APPLICANT HERE TO ADDRESS THIS? IT'S RIGHT BACK THERE.

OKAY.

WELL, WE, UH, WE'VE HEARD YOUR, YOUR CONCERNS.

THANK YOU VERY MUCH.

WE APPRECIATE YOUR INPUT.

UM, IF THERE'S NOTHING ELSE TO ADD, THEN I'LL ASK FOR ANY OTHER COMMENTS FROM THE PUBLIC HEARING PORTION OF THIS MEETING.

SURE.

THERE'S FORMALITY, BUT THANK YOU VERY MUCH.

THANK YOU.

YEAH.

UH, ANY OTHER COMMENTS OR CONCERNS, QUESTIONS FROM THE PUBLIC HEARING PORTION OF THIS MEETING? SEEING NONE, I'LL CLOSE THE FLOOR FOR, FOR THE PUBLIC HEARING PORTION OF THIS MEETING.

AND, UH, THE APPLICANT, IF YOU PLEASE COME UP AND ADDRESS COMMISSIONER'S COMMENTS, QUESTIONS, UH, MATT WITH DRB.

UM, SO THE FIR I'D LIKE TO JUST ADDRESS THAT TOO.

UM, WE PURCHASED THIS PROPERTY, SOME OF THIS JUST RECENTLY, UH, WITHIN THE LAST COUPLE MONTHS.

UM, WHEN IT WAS PURCHASED, WE DID THE TITLE SEARCH, ALL THE TYPICAL, UH, PROCESSES THAT WE GO THROUGH.

UM, WHEN THE PLAN WAS APPROVED, AS KIM SAID, WITH THE, UH, SEWER LINE THAT RUNS ALONG THE PROPERTY LINE, UM, BETWEEN, UH, MR PLANE'S PROPERTY AND THE PROPERTY THAT WE'VE RECENTLY PURCHASED, UM, WE APPROACHED THE, UH, WHEN, WHEN THIS WAS INITIALLY BROUGHT UP, WE APPROACHED BERKELEY COUNTY SEWER.

UM, BECAUSE OUR, THE APPROVED PLANS THAT CAME WITH THE PROPERTY THAT AS WE PURCHASED IT, HAD US TYING INTO AN EXISTING SEWER LINE.

UM, THEY PROVIDED US WITH AN EASEMENT.

AND THEN, UH, AS, AS HE HAD MENTIONED, THEY, THEY CAME BACK AND SAID THAT THEY WERE GOING TO CLEAN IT UP.

THAT WAS WHEN THE CONVERSATIONS KIND OF, WE WEREN'T INVOLVED IN THAT, THAT PROCESS.

UM, THEY CAME BACK AND PROVIDED US THEM WITH AN EASEMENT AND SAID THAT YOU WERE GOOD TO GO TO PROCEED.

AND THAT'S KIND OF WHERE THAT LEFT OFF.

IT WAS, UH, IT WAS AN EASEMENT THAT, THAT THE COUNTY SEWER HAD TOLD US THAT WAS, UH, CLEAN AND GOOD TO GO FROM THEIR ATTORNEY.

AND WE PROCEEDED UNDER THAT, THAT ASSUMPTION.

SO, UM, OBVIOUSLY THE, UH, THE EASEMENT THAT IS BEING REFERRED TO FROM OUR PERSPECTIVE IS OFF THE PROPERTY.

UH, OBVIOUSLY IF IT'S ON, ON HIS.

UM, SO I DON'T KNOW IF THERE'S OTHER QUESTIONS ON THAT, BUT THAT'S, THAT WAS THE, THE EXTENT OF US.

WHEN I THINK WE HAD SOMEONE FROM MY OFFICE, I'M NOT SURE.

I, I HAD NOT PERSONALLY, UH, SPOKE WITH HIM, BUT, UH, WHEN THE CONVERSATIONS CAME UP, WE APPROACHED THE COUNTY SPECIFICALLY BECAUSE IT WAS THERE EASEMENT THAT WAS IN QUESTION, AND THEN THEY PROVIDED US WITH EASEMENT DOCUMENTATION THAT WAS NEEDED.

SO THE COUNTY HAS PROVIDED WHAT THEY NEEDED TO PROVIDE TO THE, UM, MARTINSBURG CITY OF MARTINSBURG PLANNING DEPARTMENT FOR THIS DEVELOPMENT.

IS IT FOR THE RIGHT PIECE OF LAND? I MEAN, I THINK DRAW LIKE TWO DIFFERENT PIECES OF LAND HERE.

MM-HMM .

YEAH.

YEAH.

IT'S, IT'S, SO ARE WE IMPROVING THE RIGHT THING OR THIS LAND? OR LAND? WE'RE APPROVING WHAT IS

[00:25:01]

CITY PROPERTY OR, OR CITY WITHIN THE CITY OF MARTINSBURG PROPERTY.

THAT'S, THAT'S, UM, A SUBDIVISION THAT IS SEPARATE FROM HIS LAND.

AND THAT, THAT MY QUESTIONS RELATED TO THAT.

THE, THE PLAT ITSELF THAT IS IN FRONT OF US FOR APPROVAL DOES THAT WHICH, WHICH I DON'T HAVE IN THERE.

IT'S NOT IN OUR PACKETS.

I SEE KYLE'S GOT IT UP THERE.

BUT IS ANY OF THE, I'M GOING TO CALL IT THE DISPUTED PORTION.

THE, THE, THE, OF WHAT WAS DISCUSSED TODAY, PART OF THIS SPECIFIC PLAT, NOT TO MY KNOWLEDGE, IS THERE, ARE THERE OTHER PLACES OR TIMES LATER ON WHERE WE WILL HAVE AN OPPORTUNITY TO HAVE AN UPDATE ON ANY POTENTIAL CONFLICTS WITH THIS? OR IF, IF WE'RE A, A PART OF IT OR INFORMED ABOUT IT? THIS, THIS WAS NOT REALLY UNDER OUR PURVIEW.

THAT, THAT THAT'S REALLY WHAT I'M ASKING.

I I MEAN, WE RECEIVED THE OUTSIDE AGENCY PERMITS AS PART OF THE SITE PLAN APPROVAL.

YEAH.

AND WE RECEIVE THOSE.

SO THAT'S ALL WE CAN OF, AND, AND THE SAFE PLAN AND THE PLOT THAT THAT IS IN FRONT OF US FOR, FOR, FOR APPROVAL TODAY REALLY DOES NOT INCLUDE WHAT, WHAT'S BEEN DISCUSSED SO FAR.

CORRECT.

WE'VE GOTTEN APPROVAL FROM THE UTILITY SAYING THAT THEY'LL PROVIDE SERVICE YES.

SERVICE AND, AND, AND THE PLAN HAS BEEN APPROVED BY THEM.

RIGHT.

SO ALL OF THAT'S REALLY OUTSIDE OF ANYTHING THAT WE CAN SAY ANYTHING ABOUT.

CORRECT.

RIGHT.

WE SHOULD BE FOCUSED ON THE CITY OUTSIDE OF OUR, OUR PURVIEW.

OUR, OUR OUR OUR OUR ABILITY TO ASK OR DO SOMETHING DIFFERENT.

WE HAVE SOMETHING SPECIFIC HERE THAT I UNDERSTAND.

IT'S A DIFFICULT SITUATION.

YOU'RE WELL INFORMED ON THE SUBJECT, SIR.

UM, BUT WHAT WE HAVE IN FRONT OF US HERE IS NOT, CANNOT BE AFFECTED BY RIGHT.

WHAT'S BEEN DISCUSSED SO FAR, BUT WOULD IT HURT FOR US TO, UH, TABLE THIS UNTIL FOR ANOTHER MONTH UNTIL THIS GENTLEMAN MAYBE CAN GET SOME MORE, UH, CONCRETE ANSWERS ABOUT HIS DILEMMA? IS THAT APPROPRIATE OR POSSIBLE? I DON'T THINK, I THINK IN I UNDERSTAND WHAT YOU, OUR PORTION, OUR QUESTION IS ALL, I THINK WHAT WE'RE HERE ABOUT, WE'VE MADE A DETERMINATION AND THIS NOW WHEN IT STARTS GETTING INTO BUILDING, IF THEY DON'T HAVE TAPS, IF THERE'S AN ISSUE WITH THE UTILITY AT THAT TIME, THEY'RE NOT GETTING BUILDING PERMITS.

RIGHT NOW WE'VE BEEN, WE'VE BEEN ASSURED BY THE UTILITY THAT THEY WILL BE PROVIDING SERVICE.

WE DON'T GET FROM THE UTILITY WHAT LINE NECESSARILY OFF THE PROPERTY WHERE IT'S COMING FROM.

RIGHT.

IF THIS CONDEMNATION FAILS AND THEY HAVE TO RELOCATE THE LINE BEFORE THEY'RE GONNA BE ABLE TO ACTUALLY BUILD, THERE'S GONNA HAVE TO BE ACTUAL SEWER THERE.

OKAY? SO, UH, FROM OUR STANDPOINT, WE HAVE ALL OF THE APPROVALS FROM THE AGENCIES AND IT MEETS ALL THE, IT DOES MEET ALL THE REQUIREMENTS OF OUR ORDINANCE.

YES, IT DOES.

AND SO REALLY AT THIS POINT IN TIME, WE SHOULD MOVE TO APPROVE IT.

I MEAN, THERE'S STILL A LOT OF HOOPS THAT THEY'RE GONNA HAVE TO GO THROUGH TO ACTUALLY START PUTTING TOWN HOMES ON THIS.

RIGHT.

I WANT YOU TO KNOW THAT WE'VE HEARD YOU, BUT WE CAN'T, THERE'S NOT MUCH WE CAN DO ABOUT IT HERE.

AND THAT, THAT'S PART OF WHAT I SAYING.

MM-HMM .

YEP.

OKAY.

UM, ANY FURTHER COMMENTS OR QUESTIONS? I WILL MOVE THAT WE APPROVE THE FINAL PLAT FOR PROJECT 2 0 2 5 DASH 18 DASH FP.

IT'S BEEN MOVED FOR APPROVAL.

DO I HAVE A SECOND? SECOND.

SECONDED.

ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.

AYE.

AYE.

ANY OPPOSED? NA NAY NA.

WE'LL HAVE TO HAVE, LET'S DO A ROLL CALL SO WE MAKE SURE WE HAVE ROLL VOTE PLEASE.

MARK PALMER.

I WOULD PROVE.

OKAY.

GEORGE RANKER, UH, HE APPROVE.

OKAY.

SORRY.

I'M TRYING TO WRITE ALL THIS DOWN.

HUNTER MARTIN NAY.

CRAIG BARTLES.

[00:30:01]

SCOTT HAMILTON.

A STEVE WORKINGS? I'M A YES.

KEENAN PULLER? YES.

OKAY.

STEVE KNIGHT'S NOT HERE.

STEVE KNIGHT DOESN'T VOTE.

THAT'S TRUE.

AND MR. ROGERS ONLY VOTES IF THERE'S A TIE.

OKAY, SO IT'S FOUR THREE APPROVAL.

IT'S FOUR THREE.

THE MOTION PASSES.

THANK YOU.

THANK YOU VERY MUCH.

WE ARE MOVING ON TO

[5. UNFINISHED BUSINESS/NON-PUBLIC HEARINGS]

UNFINISHED BUSINESS, NON-PUBLIC HEARING.

PROJECT NUMBER 2 0 2 4 DASH 1 0 8 SP ZEKE PLAN APPROVAL.

UH, THIS SITE PLAN APPROVAL.

LET'S SEE.

GETTING THAT UP THERE.

UM, THIS WOULD BE THAT THE FINAL PLAT MEETS THE REQUIREMENTS, UH, OF OUR SUBDIVISION ORDINANCE.

SO I DON'T SEE AN APPLICANT HERE.

UH, WOULD THE APPLICANT PLEASE COME FORWARD? UH, WOW.

DOESN'T IT REQUIRE, DOESN'T MATTER.

WE, WE HAVE TRADITIONALLY REQUIRED THE APPLICANT TO APPEAR AND WE'VE ACTUALLY HAD, IF YOU RECALL, WHEN WE WERE OVER ACROSS THE WAY, UH, FORGET WHAT BIG PROJECT IT MIGHT HAVE BEEN FOR.

INTERWOVEN THAT WE REQUIRED THE APPLICANT TO AT LEAST APPEAR BY VIDEO OR BY PHONE.

MM-HMM .

SO TRADITIONALLY WE'VE REQUIRED AN APPLICANT TO BE HERE.

YOU WANNA MAKE THE MOTION? YEAH, I'LL MOVE.

THEN WE TABLE IT.

THE NEXT MEETING, I'LL, I'LL PROJECT 2 20 22.

1 0 8.

SP I'LL SECOND THE MOTION.

IT'S BEEN MOVED AND SECONDED TO TABLE, TABLE THIS TO THE NEXT MEETING.

ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.

AYE.

AYE.

ANY OPPOSED? MOTION PASSES TO TABLE THIS.

WHO IS HE? I'M SURPRISED THAT THEY DIDN'T SHOW HE WASN'T COMING.

RESPOND.

A LOT OF TIMES WE DO REACH OUT.

YES.

I, I SENT, I SENT HIM AN EMAIL ON WHICH HE RESPONDED HIM AND LEFT A MESSAGE.

YEAH.

WE, WE TYPICALLY REACH OUT TO THESE FOLKS ON THE DAY OF TO MAKE SURE.

SO WELL, WE'RE

[7. DISCUSSION/ACTION ITEMS]

GONNA MOVE ON THEN TO OUR DISCUSSION ITEM, WHICH IS A TRAFFIC STUDY, WHICH MAKES UP THE BULK OF WHAT THE PACKAGE THAT WE RECEIVED.

UM, I DON'T KNOW ABOUT YOU GUYS, BUT I READ EVERY SINGLE PAGE.

YEAH.

UM, DID YOU SOLVE THE TRAFFIC PROBLEM? AND, AND THE PROB THE TRAFFIC PROBLEM IS SOLVED.

I I HAVE DIGESTED IT.

I'M GOING TO, I WANNA KEEP IT SHORT.

WE'VE BEEN HERE A LONG TIME.

I KNOW THIS.

UM, I, BECAUSE I WAS THE ONE WHO BROUGHT IT UP, I, I, UM, WE'RE, WE'RE, WE'RE DRIVEN BY STATISTICS.

THERE ARE THREE KINDS OF LIES.

WHITE LIES, DAMN LIES AND STATISTICS.

BUT THAT'S WHAT WE'RE DOING HERE.

UH, AND I UNDERSTAND THAT THE, THE, THE STATS SUPPORT THE LOWEST LEVEL, THE LOWEST ACCEPTABLE LEVEL OF TRAFFIC.

LEVEL OF SERVICE.

SERVICE.

THERE YOU GO.

THE D YES.

AND SOME, UH, AND THAT'S SOMEWHAT DISAPPOINTING, UH, THAT WE'RE SET, WE'RE SETTLING FOR THAT, BUT THAT'S WHAT THE RULES ARE.

UM, THERE ARE SOME SUGGESTIONS IN HERE TO, UH, HELP MITIGATE, UH, THE, UH, TRAFFIC CONDITIONS.

ONE OF THEM WAS BROUGHT UP BY, UH, THE CHAIRMAN AS A SUGGESTION LAST TIME THAT PERHAPS EVEN A LEFT TURN AT KING STREET BE CONSIDERED.

AND THAT'S NOT EVEN IN THIS LIST OF CONSIDERATIONS.

I FIND THAT DISAPPOINTING.

UH, BUT THE OTHER THING I WANTED TO ASK IS IF THERE'S ANYTHING THAT WE CAN DO TO HELP ENCOURAGE OR NUDGE ALONG SOME OF THE OTHER, UM, RECOMMENDATIONS THAT ARE ON PAGE 64, ABOUT THE THIRD PAGE IN HERE AT THE BOTTOM, UM, TO, TO HELP WITH THE TRAFFIC FLOW IN THE AREA.

EVEN THE FOUR WAY STOP AT JOHN STREET AT AT JOHN PORTER IS NOT IN HERE, BUT YET THAT WAS IMPLEMENTED AND I THINK PROBABLY MAKES SOME DIFFERENCE.

I THINK THIS IS INADEQUATE.

I THINK IT NEEDS TO BE UPDATED.

UM, AND I THINK THAT THE, THAT THE RECOMMENDATIONS SHOULD BE IMPLEMENTED, BUT I DON'T KNOW IF WE CAN HAVE ANY SAY OVER ANY OF THIS OR, OR ENCOURAGE PEOPLE TO DO ANYTHING OR LIKE THAT THE, UM, KING STREET AND, UH, WINCHESTER AVENUE ARE STATE ROUTES.

SO THE ONLY THING THAT CAN BE DONE IS THROUGH THIS, UH, WEST VIRGINIA DEPARTMENT HIGHWAY MM-HMM .

INFORMATION.

SO WHO ACTUALLY WORKS WITH

[00:35:01]

THEM IN, IN THE SENSE OF, HEY, WE THINK WE HAVE A PROBLEM HERE, STATE, I MEAN, CAN THE, CAN THE PLANNING DEPARTMENT GET WITH THE STATE PERSONNEL AND, AND TRY TO, YOU KNOW, HELP THINGS? YES.

YES, WE CAN.

OKAY.

YOU, YOU KNOW, WE, THE INTERSECTION AT, AT THE NEW, AT THE NEW TRUE HOTEL WHERE, UH, AND, AND, AND THE OLD, THE OLD ROAD THERE, I SAT AS FAR BACK AS PORTER AVENUE DURING RUSH HOUR WAITING TO TURN, UH, AT THAT INTERSECTION.

UH, I'VE BEEN WATCHING MORE CAREFULLY.

I LIVE IN, I LIVE ON WEST STEVEN STREET, SO I'M CONSTANTLY MAKING LEFT ONTO WINCHESTER.

THAT'S A HOPE.

YOUR FOOT'S ON THE GAS IN THE CORRECT PLACE.

IT'S CRAZY.

ANYWAY, IT'S NUTTY.

UM, AND THERE'S A, THERE'S A, A, UH, THERE'S A CROSSWALK THERE BESIDES, UM, THIS, THIS IS NOT ADEQUATE.

SO I I WELCOME THE CHAIRMAN'S QUESTION HERE.

WHAT CAN WE DO TO WORK WITH SOMEBODY TO, TO GET A LITTLE MORE ATTENTION TO SOME OF THIS? AND WE HAVEN'T EVEN SEEN PHASE TWO AND THREE OF INTERWOVE BE POPULATED.

SO, SO IF DEFENDANT COMMITTEE IS OUR ADVOCATE, HOW DO WE MAKE REC, HOW DO WE, HOW DO WE BETTER MAKE RECOMMENDATION THAT WILL GET HER TO, WELL, YOU CAN, YOU CAN DO IT.

YOU CAN WRITE UP RECOMMENDATIONS AND CONTACT DOH AS A PLANNING COMMISSION MEMBER, OR YOU COULD HAVE STAFF DO IT.

OKAY.

WOULD IT BE APPROPRIATE AT ALL YEAH.

TO ASK STAFF.

RIGHT.

TO ASK THE APPROPRIATE PEOPLE TO PURSUE TO, TO, TO, TO FURTHER CONSIDER AND PURSUE THE RECOMMENDATIONS THAT ARE ON PAGE 64 OF THIS WITH THE ADDITION, POSSIBLE ADDITION OF REVIEWING THE POSSIBILITY OF A LEFT TURN AT WINCHESTER AVENUE AND KING STREET AT THE INTERSECTION THERE, THE LIGHT MM-HMM .

YEAH.

IF, IF YOU STAFF CAN WORK TO HELP MITIGATE SOME OF THIS, I THINK THAT IT IS A, YOU KNOW, IT'S A, IT IS A GOOD PLANNING THING TO DO.

YEAH.

DO WE DON'T NEED ANY KIND OF FULL MOTION? WE'RE JUST DISCUSSION.

SO YEAH.

WELL THEY'RE RETIMING THE, AND COORDINATING THE SIGNALS.

THEY, THEY DON'T SEEM TO BE ABLE TO DO THAT.

NO.

HERE.

RIGHT.

AND MY UNDERSTANDING, AND, AND I MIGHT BE WRONG, AND BECAUSE I JUST HEARD THIS, I NEVER CONFIRMED IT, BUT MY UNDERSTANDING IS THAT THE LIGHTS ARE ACTUALLY TIMED BY THE STATE.

YES.

OKAY.

YES.

THE, ALL THE TRAFFIC LIGHTS ARE OWNED BY THE STATE.

YEAH.

EXCEPT FOR THE ONE ON A, WHAT IS IT, ALABAMA AND KING.

OH YEAH, YEAH.

THAT'S A, THAT'S A CITY.

OKAY.

YEAH.

THERE'S A, ALL THE, ALL THE OTHER ONES ARE ARE DOH, UH, UH, MY, UH, JUST A LITTLE TINY BIT OFF TOPIC, BUT RELATED TO THE LIGHTS, THE LIGHT THAT'S AT NEW YORK AVENUE, IS IT? OR PENNSYLVANIA AVENUE.

I'M SORRY.

PENNSYLVANIA AND QUEEN STREET SEQUENCES ALL THE TIME.

'CAUSE I'M ON QUEEN STREET AND I GO OUT THERE IN A LITTLE SEQUENCE AND NOBODY'S ON PENNSYLVANIA AVENUE, BUT IT'S JUST CONSTANTLY SEQUENCING.

SO IF SOMEBODY COULD TAKE A LOOK AT THAT, SEE WHAT'S GOING ON WITH THAT.

UM, SO YEAH.

I, I THINK THAT, UM, VERY GOOD RECOMMENDATIONS.

I THINK IF YOU COULD HELP US WITH THAT, KIMBERLY AND, AND, UM, GET WITH THE PROPER STATE.

I'LL ATTEMPT TO YEAH.

I MEAN, I'LL, I'LL GET, I'LL GET, I'LL GET A MEETING YEAH.

WITH THEM.

YEAH.

EXPRESS YOUR CONCERNS.

GOOD.

OKAY.

AND SEE WHAT'S GONNA GET BAD COMES OUT, THOSE OTHER THINGS.

ALL RIGHT.

AND THEN YOU CAN UPDATE US AT THE NEXT MEETING.

WELL, I DON'T, I DON'T KNOW IF I'LL BE ABLE TO GET IT.

OKAY.

BY NEXT MEETING.

WELL, WHEN, WHEN YOU ARE ABLE TO UPDATE US WITH INFORMATION, IN SOME WAYS IT'S FORTUNATE TO THE GARAGE DOING WELL BECAUSE THAT'D MAKE IT WORSE.

IT'S, UM, CAN COMMISSIONER BE PRESENT, BE PRESENT WITH YOU? YES, I, I'D BE CERTAINLY, I'D BE, UH, INTERESTED IN ATTENDING THAT.

I'M NOT MAYBE IF, IF YOU SAY I WILL, BUT IF YOU CAN KEEP ME INFORMED, I, AND I'D BE INTERESTED, KYLE, MAYBE YOU CAN PUT OUT AN EMAIL IF, IF THERE'S A MEETING AND JUST PUT IT OUT THERE.

BUT WE HAVE TO BE CAREFUL THAT WE DON'T HAVE A YEAH, WE CAN'T HAVE A CAN'T HAVE FORM.

.

I, I'LL MOVE THAT.

WE ADJOURN.

WE HAVE A MOTION TO ADJOURN.

WE ARE ADJOURNED.

THANK YOU VERY MUCH.