fathom something as terrible as that. Someone who would shoot into the car, into a car where there are several young children and shoot time and again into that car. And every time someone is shot in Durham, it tears a hole not only in a person in their family, but in a neighborhood, in a community and in all of our hearts. We have to do everything we can every day to stop this violence. As long as we have the guns that we have on our street here in the United States, as long as we are doing nothing as a nation and as a state to stop the proliferation of guns, we're going to have this gun violence. We have got to take action to change that. We've also got to do everything that we can in our power as a community to change that. We have different ideas about what those things are, but we need to be taking every action that we can to stop this senseless violence. I want to say that I was honored to be able to swear in Chief Davis as the president of the National Organization of Black Law Enforcement Executives in New Orleans this past week. She has the confidence of this very significant national organization as their president. I think there were 2,000 people in the room when she was sworn in. And she also has the confidence of this council and of this city. And I know that our police department is up to the task. The rest of us need to be up to the task as well. We need to be surrounding our children with love. We need to be surrounding our residents with all the supports that they need, mental health services, addiction services, whatever it takes. So I asked that we bow our heads today, not just in a moment of silence, but in a moment of silence in which we remember Zion person and that we recall his memory in the wish and the hope and the work that we need to do to make sure that this senseless violence does not continue to occur in our community. Please join me in a moment of silence. Thank you. And now I'm going to ask Councilmember Reese if he would please lead us in the Pledge of Allegiance. Thank you, Mr. Mayor. Good evening, colleagues and members of the public. If it's your practice to do so and if you're able, please rise and join me for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you, Councilmember. Madam Clerk, would you please call the roll? Mayor Shul. Here. Mayor Pro Tem Johnson. Here. Councilmember Alston. Here. Councilmember Caballero. Here. Councilmember Freeman. Present. Councilmember Middleton. Here. Councilmember Reese. Here. Thank you. Now we're going to have our ceremonial items and we're going to begin with our Sister City presentation for our friends from Salaya, Mexico and I'm going to ask Councilmembers Reese and Middleton if they would please join me at the podium as our Sister City representatives. Ask if the following people could come forward. Rebecca Lomelin Velasco. Ariel Augusto Ramos-Jorta. Raul Jimenez Areola. Could you please come forward? And anyone else in the delegation? And Brady, would you like the Sister Cities Committee to please come forward as well? Could the folks from the Sister Cities Committee please come forward? And we have Elsa Jimenez, our interpreter tonight as well. Elsa, thank you so much for being here. We began tonight on a somber note and we'll have more somber notes tonight as well but this is a happy time. Very happy time. Gracias a Nuestros Nuevos Amigos de Salaya. Nuestra Ciudad Hermana por viajar adoran para visitarnos. Gracias al miembro del Consejo Velasco por dirigir esta maravillosa delegación. Estamos muy felices de ser una ciudad hermana de Salaya y esperamos una relación larga y productiva. Ahora le ere la proclamación. Whereas Durham is a city that promotes mutual understanding and cooperation among all its citizens. Do you want to translate some of that Elsa or no? It's a lot. Maybe you could do a little. Yeah. Whereas Durham is a city that believes the dignity and worth of each individual regardless of the national origin of our citizens which makes Durham a very diverse community and whereas Durham desires to promote and maintain a wholesome climate of goodwill among peoples of all nations and whereas the Durham community knows that inclusion, respect and understanding of all those that work, play, worship and live here promotes a community that we can be proud of and whereas sister cities of Durham incorporated has sister cities in the countries of China, Costa Rica, England, Greece, Japan, Mexico, Romania, Russia and Tanzania and the board and whereas the board of directors of sister cities of Durham and the city council have approved the application of the city of Salaya of Mexico to be a sister city with a city of Durham North Carolina and whereas the two cities have decided to enhance mutual understanding and friendly cooperation between American and Mexican people. Now therefore I, Stephen M. Schul, mayor of the city of Durham, North Carolina on this day, on this day of August 19, 2019 declared Durham, North Carolina to be the sister city of Salaya Mexico and hereby urge all citizens to honor the principles of equality and mutual benefit in the fields of education, economy, trade, science and technology, culture, environment, sustainable energy, sports, health and personnel to promote common prosperity and development in both cities. Witness my hand in the corporate seal of the city of Durham, North Carolina, this 19th day of August 2019 and I'm going to present this to our city council member for any comments that she might have. Thank you. Go on. Sorry. I am Rebecca Lomalin. I am the honor to be today in this beautiful city of Durham, North Carolina, representing Mrs. Elvira Panagua Rodriguez, mayor of the city of Salaya, state of Guanajuato, Mexico, has due to force. Major was not able to attend this marvelous event. I thank him in advance to the major of the city of Durham, North Carolina, Mr. Steve Shewell, to Mr. Claudia Velasco Osorio, VA general consult of Mexico in North Carolina, to sister cities association, our host and to the governor's representative, Roy Cooper, who is today with us. Thank you very much for this warm reception. The city of Salaya may not be more than pleasure. Alone we do so little. Together we can do so much, Helen Keller. The sister cities program in America was created other than president of the United States of America initiative, the general Eisenhower, who in the year 1959 called it a massive program of understanding among American and the other people of the hemisphere. This program was denominated people to people, the basic principle of which the understanding is from countries of the world and the pace preservation. The strength of groups will be given by enjoying efforts and today the municipal of Salaya is pleased to sign the twinning agreement between the city of Durham, North Carolina and the city of Salaya, Guanajuato with the hope of sharing our strength simulation or difference with the purpose of developing programs on stranger. For strengthening friendship and good will be benefit to the different field to the cities. The present is demanding, but the future is promising. The share of international cooperation among with municipal is of different countries reflects global community joining us today. Today we already had the chance to share our cajeta in the standing of typical candidates may be the sister cities association and as the cities motto say, the 40 doles in there of the strong come for sweetness. The signature of this agreement is the reflection of the will of our countries for the hope, the understanding, the peace, the exchange of no land and experiences and development of strangers criteria opportunities. Make a difference despite the tumor of typical concurrences hurting our countries.  Thank you very much for my name is Patricia Perez. I'm the deputy consul general of the consul general of Mexican rally. On behalf of the consul general of Mexican rally, we would like to express our appreciation to mayor, city council of Durham, sister cities of Durham, rally chapter of the Mexican global network and everyone who has made this new collaboration possible. The consul general of Mexico has been following the development of this great relationship since its beginning. And we are very honored to witness such an important event. Our priority is to build bridges of our understanding through education, culture and knowledge of our societies. Our difference and diversity enrich us. It is of the greatest significance to work together to enhance the development and well being of the citizens of our countries, estates, counties and cities. The sister cities program is a valuable tool to make this possible. The visit of the Celaya delegation today to make this alliance, true is a first step towards a better comprehension of our customs, our traditions, our people. Hopefully more educational, cultural and economic changes can come out of this agreement, helping both cities to continue growing and strengthening their ties to promote tolerance, friendship and clear up stereotypes that unfortunately still exist. Durham is a diverse and welcoming city, which has demonstrated its willingness to accept priority, to embrace and empower its community, fostering trust, changing negative perceptions into positive ones, fighting fear and giving hope to those who have lost it. Celaya is a rich and modern city with a vast culture growing economy and competitive technology, great automotive industries and have made of Celaya their home as well as many American retirees that have fallen in love with the state of Guanajuato and its people. Always welcoming, always attentive, always friendly. We are sure that this relationship will not only intensify our bilateral cooperation but will open the door to more opportunities to other cities that want to become sisters and develop collaborative activities in benefit of both our countries. Thank you. Good evening, ladies and gentlemen. My name is Elsa Jimenez. I am the Vice Chair of the Sister Cities Celaya Committee and I'm also the Vice Chair of the Mexican Network of Professionals. And I would like to start by saying thank you to you, Mayor Shuel and to the honorable members of the City Council for letting us be here tonight. I would also like to say thank you to Celaya's Council Member Rebecca Lomeli for being here on behalf of Mayor Panyawa, who couldn't join us tonight. But she gave her trust and support for this project from the very beginning, which by the way for me represents a dream come true since I was born and raised in Celaya. Over two years ago, Mr. Brady Searles, the Executive Director of Sister Cities Durham approached the Council of Mexico here in Raleigh with the intention of establishing a sisterhood with the Mexican City. The Consulate presented the proposal to the Raleigh Chapter of Mexican Professionals and organization to which I belong to. And why not? I decided to nominate my hometown and the Sister Cities Committee. Mr. Brady guided us all the way. This is how we created our committee. The members of the committee are Alberto Lopez, Juan de la Masa and Guillermo Solares, who is also part of the Sister Cities Board. To you guys, I express my eternal gratitude. From the very beginning we had members to join our group and support, like Dr. Carolina Vera, who recently traveled with a group of students of UNC School of Dentistry to Celaya to provide social service to our friends with her proyecto Mexico. The exchange officially has started. We also have other members and volunteers to join our group, like Paula Travenier, Gerardo Gonzales, Gerardo Santoyo, Luisa Scott, José Luis Martinez, Alejandro Peña, Enrique Oscar. Thank you so much guys for all your help to make this happen. And last but not least, I would like to thank to the support of the Consulate of Mexico, to you Consul Patricia and of course Monica Colín, Consul of Community Affairs for believing in us from the very beginning. Today as our committee spokeswoman, I would like to reiterate to you Mayor Shuo and to your Consul Juan Malomelli our commitment that we have with both cities following the motto of Sister Cities of Durham, working toward world peace, one friendship and one community at a time. Today, today's world is going through somewhat difficult times and as civilians we have two options. We can settle with today's status quo or we can face the world as factors of change. And this Sister Hood is the perfect channel to be factors of change. On behalf of the Celaya Sister Cities Committee, I want to say thank you to all of you tonight and this is just the beginning of many things to come, many good things to come. I would like to end by quoting Dr. Martin Luther King by saying let's build bridges not walls. Thank you. Gracias a todos. Thank you very much. Thank you so much. Thank you for being here. Thank you all. Thank you. Thank you everybody. Thanks for being here. Thank you so much. Elsa Jimenez, thank you for your words and it was really, and for the to the Consul General. We're so glad to have you here in our chambers. Come back anytime. We're delighted and to our Sister Cities Celaya. Thank you so much. I wonder if their motto is out of strength sweetness and I wonder if that has anything to do with their well-known renowned candy that they make in Celaya if that's part of the sweetness. So please save me a piece. Thank you so much. All right. Now we're going to move on to our neighbor spotlight recipient and I'm going to invite Mrs. Vanessa Evans, a resident, PAC-2 and her family and friends and anyone else that she would like to have come with her to receive the award for the neighbor spotlight. Please come up everybody. Don't be shy. This is your opportunity to get on television. Ms.  Thank you. Sure. The neighborhood spotlight tonight's recipient is Vanessa Evans. Vanessa Evans is the recipient of the neighbor spotlight for the month of August 2019. The neighbor spotlight recognizes community members that have gone above and beyond in volunteering their time to serve the community. This month Vanessa Evans, a resident of Bractown, was nominated and selected because of the wonderful work she has done in her neighborhood including but not limited to working for three years to secure the funds for the renovation of the Lakeview Park, advocating for the reopening of the Bractown Community Library, raising money and securing the resources for Bractown Community Garden, serving as chairperson of the Bractown Community Association for two years. Congratulations, Vanessa Evans, on being the August neighbor spotlight for the City of Durham. And thank you for all the work you do to improve our community. And we're so glad to have you and your friends and family here today. And I just want to congratulate you and thank you on behalf of all of the residents of Durham. I'm going to be short and sweet. I want to speak from my heart. I first want to thank Mayor Shul, the City Council for this wonderful award as well as my community, all of the residents that work behind me. I have to thank God, first of all, because he is the captain of my ship without him. I'm nothing. I have Ms. Jean behind me who is the president of our garden. She's 80 years old. So to have someone behind me, I look up to her. I also have Billy Dee who's been working with me on a short basis, but she's working with me on the different developments that are coming into Bractown and the area in which I live. I would like to also thank RP, Peter Skillen, who was the first person I met. I'd like to thank John, who has been helping me through data works that's sitting out in the audience. I'd like to thank Mamie, who has also been helping me to facilitate my meetings and how to gather people from my meetings that I have within my community. I would like to say where I live is a very rich, rich community. Where I stay, it was once slave plantation land owned by the Camerons, but now I can say it was a place where people were freed and Black people were able to settle and become sharecroppers and build and develop their own land and businesses. So I'm proud to say that I'm a part of a community that is steady growing. There are things that are changing along with gentrification, but I'm hoping that through the gentrification there will still be affordable housing. There will be places for everyone to live, not just those who are rich, but middle class and those who are on low income, fixed income, whatever it may be, because I feel Durham is a place for all people. And I know we have the blueprint for that. And I thank you again, Marishu, for all that you've been doing. And I know I've been in your face a lot lately in the City Council meetings and other places. But I thank each of you for everything. And I would like to thank Bractown again and its residents for all the hard work that they do, because it's not just me. It's my community that's doing what we're doing. Thank you. Thank you again. Congratulations. Thank you. Bye. Those were really good ceremonial items. And now we're going to turn to announcements by members of the Council. Councilmember Caballero. Thank you, Mayor. Good evening, colleagues and for those of us who are able to join us. Thank you. I just wanted to echo a lot of what you already shared this evening. Today was a horrific day in our city. I think many of us are reeling from today's news and from the violence that we're seeing across our country due to gun violence. The last time we gathered here was just a few days after El Paso and the Dayton, Ohio shootings. And so I think it's ever present. And sadly, we are seeing the effects in a very horrifying way. My kids cross that intersection almost every single day on their way home from school. It was a heart wrenching news to hear. And so I am asking that I'm thinking about the person family. My thoughts and prayers are with you. And I'm asking our Council to go ahead and I would like to take it up in our next or in a work session soon to go ahead and think about creating. I'm doing the work to create a community safety task force. So that's something I will be bringing up at a work session. Thank you very much, Councilmember Caballero, for your remarks. As you know, the protocol is that if you please bring that up again in our work session Thursday and then we can take it up on a future work session. But thank you so much for those remarks. And we will do that. Thank you. Councilmember Middleton. Thank you, Mr. Mayor. Mr. Mayor, people in our city who do not hold elective office and who do not control the imprimatur of our city have declared a state of emergency. I think we should join them in that. Zion person. I want his name to echo in this chamber. Zion person was 9 years old on his way to get ice cream because that's your job when you're 9 years old. You eat ice cream. You do pop of wheelies on your bike and you talk about who the cutest kid in the class is. That's your job. Our job as adults and the people in charge is to keep them safe. This afternoon I had the most heart wrenching phone call I've ever been on in my life. I spoke to Zion's aunt who was driving the vehicle when the shots were fired. Her nephew was killed and her son was injured. There were barely any words used in the conversation because it was just solving. And I asked her, what would you like me to say to the city? What do you want the city to know? And all she could get out was why did this have to happen? We were on our way to get ice cream. It is a state of emergency in our city whether or not we declare it or not. So, Mr. Mayor, on this evening, and I thank you, Mr. Mayor, for your comments. I want to challenge my colleagues tonight. I want to challenge this government because I believe our ability to console this family and console other families. And by the way, Zion is a member of a club. We know his name tonight, but there are hundreds of children in Durham every night that duck and cover because of gunfire.  We know his name because he died. So, Mr. Mayor, I'm challenging my colleagues that we come up with a concrete plan and be able to tell the people of the city what our plan is for gun violence, just like we did for bike paths. The planet is dying, and we passed a very bold resolution. Children are dead. So, what is our plan? If it's not shot spot or fine, if it's not hiring more police, fine. If there is something in the Durham Beyond Policing Plan that can address this type of stuff, we should pass it right now. We should declare an emergency, and we should make appropriations mid-cycle. We're the council. We can do that. If there's something in there, I'm voting for it because it's a state of emergency. I know our hearts are broken, and I know that we care. But in order to have the moral authority, just like we now have the moral authority to tell employers to pay a living wage because we upped our salary to $15 an hour, we need to be able to point to something we've done concretely. Show me the money. What are we going to spend money on? What are we going to do? Where are the protected lanes in Zion's neighborhood? I'm asking for this council to put this city on emergency footing when it comes to this issue. There is no help coming from Washington. There is no help coming from the state. We are our help. It begins here. And if it's none of the things that we voted down, tell me what to vote up, and I'll be the first person to make the motion. Tell me what to do. Our prayers are with Zion's family. Our prayers are with the other children tonight. We'll be hiding in bathtub because of gunfire. There is a hole in the heart of our city tonight, a hole. I come from a community where we take care of each other's family. That was all our sons. That was all our nephew. That was all our play cousin. That was all our little man-man. Let's show them how serious we are by doing something, not just taking stuff out the budget. Let's vote on something. Our hearts belong to your family tonight. Thank you, Mr. Mayor. Thank you very much, Council Member, for those heartfelt remarks. Other Council Members? Anyone else? Council Member Freeman? I hesitate to say much recognizing that. I know that I'm always so tearful on these issues, and I'm not trying to go there, but it's really hard noting that a few weeks ago, I had to endure the shock and the dismay of gunfire in front of my own very house, and I am not okay with it, and I'm telling you right now, there will be police presence in my neighborhood. I don't care what anyone has to say about it. That being said, I recognize that there are a lot of different views on this issue, and the one view that has risen is not that of the consensus of the community, and I just want to hold it up and say, even though more police does not prevent the crime, it can, it can dissuade. It does, we don't have a number for the number of shootings or deaths or robberies or break-ins for those that have been avoided because of their presence, and it is not okay to sit here and say a community task force is what we're going to do. I just want to be clear that that is not enough, because it could have been Ansel, and it could have been Antoine, and it could have been Adriana out front of my own house, and there is no gang in my neighborhood. So it's not about shooting at each other. This is that, this is more than that. There are people on the street who are minding their very own business, and it is not okay to just say that we're down 48%, knowing that 52% is still out there. We should be pushing for zero. That means no deaths. I don't care that it's impossible. We should be doing everything in our power to make sure that the children in this community are safe. I cannot understand it. I refuse to accept it, and I'm, this is not the end of this conversation. I appreciate the Mayor making his statements. I appreciate all the work and time that people report into this conversation, because I know that people care, but it's not enough to care, and it's not enough to have the conversations. We need action, and that action doesn't have to come from the police department. It can come from the community. I can tell you that no one reported in my neighborhood, and that hurt me to my core because I know that it's out of fear. I can't live in fear. I cannot do it, and I don't think it's acceptable to ask people who live in these communities who experience gunshots every single night because they're not reported to continue to accept that. So just know that this is going to be an ongoing conversation, and we've got work to do. So whatever it is, I'm, I mean, I'm, I'm echoing Council Member Middleton and saying, like, I understand we don't need more police officers. I understand, you know, we need a community task force. I understand all of the things that have been brought forward, but what I'm not understanding is that there is another dead child in our community tonight. There's another child shot in our community tonight, and each time those text messages or information comes, I mean, these press releases, my heart stops because I know that these kids are out here living their best life, and we've got to do more. We just have to. Thank you. Thank you very much for your heartfelt words, Council Member. Anyone else have any announcements, any words? Okay. Thank you all very much. Appreciate it, and I think we all know that we have work to do. I'm now going to turn to priority items first by the City Manager. Thank you, Mr. Mayor. Members of Council, good evening, everyone. Priority items this evening from the City Manager's Office is agenda item number 16, the Oregon Street Closing Public Hearing at the request of the petitioner. This item is referred back to the administration. Thank you, Mr. Manager. We'll now have a motion on the Manager's Priority Item. So moved. Second. It's been moved and seconded that we accept the Manager's Priority Item. Madam Clerk, will you please open the vote? Please close the vote. The motion passes 7-0. Thank you very much. Madam Attorney, any priority items tonight? Good evening, Mr. Mayor. Members of Council, we do not have any priority items this evening. Thank you. Madam Clerk. Good evening, everyone. The City Clerk's Office would like to present the refreshed Board Committee and Commission video, and it's a recruitment video for our volunteers and roll it, DTN. Great. Thank you. Roll it. I count on Durham for awesome adventures and great bike shots. I know I can count on Durham for great sports in every season. I always count on Durham for amazing cultural events. I count on Durham for its innovative ideas and the determination to bring them to life. I count on Durham for community and a place for everyone. I count on Durham to do a good job and to celebrate our success. Did you know that the City of Durham counts on these individuals? In a city of more than 260,000 people. You're looking at residents who are making their voices count. People who care about the past, the present, and the future of the City of Durham. And you know what? It doesn't matter how mature. Or young. Whether you're passionate about the economy, the arts field, or the flight of the homeless. In fact, we have nearly 30 boards, committees, and commissions that you can participate on. The requirements are to be a Durham City resident and be current on your Durham City and County taxes. Durham is your home. You can count on Durham to be there for you. Can we count on you to be there for our city? Can we count on you to be there for Durham? Can we count on you to be there for our city? Can we count on you to be there for Durham? So come on. Get involved. Apply today. We can count on Durham. But can Durham count on you? Great job. Wow, Laverne was a star. That's awesome. And I assume that you all will be working with our public affairs staff to make that available to the world. And congratulations to the Clark's Office. Thank you. And the public affairs staff. Thank you. Good job. Great video. Yeah. All right. We'll now move on to our consent agenda. The consent agenda is comprised of items which the Council has worked on in the past. The consent agenda can be approved by a single vote of the Council. Items can be removed from the consent agenda by any member of the Council or by any member of the public. And if an item is removed, it is held until the end of the meeting when we would then take action on it. Item one, Durham Bicycle and Pedestrian Advisory Commission appointments. Excuse me. Item two, Historic Preservation Commission reappointments. Item three, Durham Housing Authority Board of Commissioners reappointment. Item four, City County International City County Management Association local government management fellow and interlocal agreement. Item five, maintenance support for performance management system. Item six, National League of Cities grant award for cities addressing fines and fees equitably. Item seven, EB 5703 LaSalle Street sidewalk project supplemental agreement. Item eight, EB 5704 Rainer Street sidewalk project supplemental agreement. Item nine, EB 5755 North Duke Street sidewalk project supplemental agreement. Item 10, proposed sale of an easement across a portion of Twin Lakes Park to Dan Ryan Builders, North Carolina, LLC. Item 11, 2019 National Recreation and Park Association meet me at the park grant agreement and budget ordinance. Item 12, amendment to the interlocal agreement between the City of Durham and Durham County. The City Provider Recycling Processing and Hall Services, Durham County for Target Recycling Materials. Item 13, License and Maintenance Agreement for the City Work Software Upgrade. And that completes the consent agenda. And I will now accept a motion to approve the consent agenda. It's been moved and seconded that we approve the consent agenda. Madam Clerk, please open the vote. Please close the vote. The motion passes 7-0. Thank you very much. We'll now proceed to the general business agenda public hearings. And item 16 has been referred back to the administration. So we have only one more item tonight. It's item 17, Towerview Business Center MTC I-40 buffer reduction. And as you all know that this is a quasi-judicial matter. Quasi-judicial matters have become the favorite activity of our city council. And so I'm extremely glad that we have another one back before us tonight. The next matter is agenda item 17, which includes a major special use permit application for the Towerview Business Center MTC I-40 buffer reduction application number M1-800002. The hearing in this matter is judicial in nature. It will be conducted in accordance with special safeguards. Witnesses must be sworn in. There are subject cross-examination and written evidence must be offered for incorporation into the record. People who wish to testify should have signed up on the special sheet for this hearing at the clerk's station. I think in the set of the special sheet this year, this time we used the yellow cards, is that correct? If you've not already done so, please go to the clerk's station now and sign in. Anyone who plans to testify, including city staff, should now go to the clerk's station to be sworn in to give your affirmation and then please return to your seat. So with all those including city staff who will be testify or could be testifying, please go to the clerk's station where she will swear you in. And on the Bible, if you can, please affirm or swear, repeat after me, so help you God by saying, I do after I give the oath and affirmation. Do you solemnly swear, so help you God or affirm to tell the truth, the whole truth, to the best of your ability? Thank you. Thank you very much, Madam Clerk. Do any council members need to withdraw from consideration of this case because of a conflict that will prevent them from rendering a fair and impartial decision in this manner? Council Member Freeman had me go on there for a minute. Have any council members heard information about this case other than what may have been presented at work session or in the staff report? So please disclose that information at this time. Before we begin, I would like a representative or an attorney for the applicant and for any opponents to come to the microphone and identify yourself to the council to then take a seat in the front row. Nill Gose, attorney for the applicant. Bill Bryan, attorney for the applicant. Morningstar Law Group 112, West Main Street. Thank you. Are there any attorneys for any opponents? Any attorneys for any opponents? Thank you so much. If an attorney or representative wishes to cross-examine a witness, please raise your hand immediately after the witness is testified and I will recognize you. All written information including maps you want to be considered should be officially submitted as evidence. Copies of evidence you want to have admitted, with the exception of the staff report and attachments, should be given to the city attorney and to the opposing side. If any and I believe that evidence has already been passed to the city attorney, is that correct? And the attorney is reviewing it at this time. Each side may raise objections to the admission of evidence on the basis of relevance, hearsay or any other evidentiary ground. Questions concerning admissibility will be handled by the city attorney. Please do not hand anything directly to council members until it's first been reviewed by the city attorney and has been admitted as evidence. We'll first hear from city staff who have studied the request, then from the applicant and then from opponents to the application, if any. I'm going to ask the city attorney if she's had an opportunity to review the evidence. I have Mr. Mayor and it appears to be in order for the presentation of expert witnesses. Then I will... Would you like to accept? Yes I would. The Tower View Business Center Major Transportation Corridor package of exhibits from the petitioner. Thank you very much Wood, Madam Attorney and thank you for your assistance. Sure. We will now open the hearing and hear from city staff. Good evening everyone. I'm Eliza Monroe representing the Planning Department. I would like to state for the record that all Planning Department hearing items have been advertised and noticed in accordance with state and local law and affidavits of all notices are on file in the Planning Department. Planning staff requested all agenda materials submitted for the public hearing be made part of the public record with any necessary corrections as noted. Staff would like to note for the record a correction within the staff report on page 6 of Attachment 3 where it states that the development plan was approved prior to the requirement of the Major Transportation Corridor otherwise known as MTC buffer. A 100-foot buffer was a required component of the development plan done in 1993. Request for a major special use permit M180002 and a major site plan D1800246 had been received from Bill Bryan with the Morningstar Law Group representing Nelson Partners and Milestone Development's LLC respectively to reduce the required MTC buffer width from 100 feet to 40 feet to construct a two-story office building totaling 12452 square feet on a 1.61 acre site. Zoned light industrial D which stands for development plan LID and located within the Triangle Metro Center commercial neighborhood CN tier. The buffer width and the amount of landscape materials required may be reduced through the issuance of a major special use permit otherwise referred to as MSUP by the governing body pursuant to unified development ordinance UDO section 4.9.3d.2. When a site plan is associated with a major special use permit that site plan shall also be considered a major site plan which requires governing body approval. If the council approves the major special use permit then the council should also consider the approval of the associated major site plan case D1800246. The site plan item does not require public hearing but it does require a separate vote for approval. If the council elects to deny the major special use permit the associated major site plan should not be approved as the site plan would not be in compliance with the applicable UDO standards. The first item that requires action is the public hearing for item for the major special use permit M180002. The applicant is requesting approval of a 60% buffer reduction from 100 feet to 40 feet on the northeastern side of the site. A site plan has been submitted in conjunction with this request it will be attachment 3B within your packet. That site plan is currently under review and is clear of comments. Per UDO section 3.9.8 there are 4 general findings and 13 review factors that must be addressed in order to grant a use permit. The findings and review factors are identified in the staff report attachment 3 and the application subattachment 3A. The 4 findings are that the proposed use is 1 in harmony with the area and not substantially injurious to the value of properties in the general vicinity. 2 in conformance with all major with all special requirements applicable to the use. 3 will not adversely affect the health or safety of the public and 4 will not adequately address will adequately with will adequately address the review factors identified below those 13 review factors are circulation parking and loading service entrances and areas lighting signs utilities open spaces environmental protection screening buffering and landscaping effect on adjacent property including but not limited to noise odor lighting and traffic compatibility consistency with policy and any other factors deemed necessary by the development ordinance. Staff has analyzed the application and finds that most of the factors above meet ordinance compliance based on the site plan submitted effects on adjacent properties incompatibility are not addressed through site plan review. The applicant must provide evidence to demonstrate that the findings and review factors are being met if the governing body fails to find conformance with the conditions and factors listed then the proposed permit must be denied. However, if the applicant provides evidence that demonstrates the findings and review factors are being met the governing body must approve the use permit planning staff will make a recommendation for these permit prior to a vote on the public hearing after all evidence has been presented and staff is available for any questions related to the permit request. If there are no questions from staff at this time then I will turn the floor over to the applicant applicant to present their case. Thank you miss Monroe. First of all I'm going to ask are there any questions from council members at this time for staff? Any questions from council or any party for staff? Just one question. The essential part of this is that the buffers being reduced based on what it was in 1993. They're requesting a buffer reduction from the required 100 feet to 40 feet to 60 percent. And that was based on a rule set when? In 1993 there was a development plan done case P93-70 and that case as well as the ordinance at the time requires a 100 foot buffer on that side of the property and there may be someone behind me who might have additional comment. Jessica Dockery planning department the MTC buffers are still in place in the current UDO. Thank you. Any other questions at this time? Council members before we turn to the applicant my agenda says we need a motion to conduct a quasi-judicial public hearing and receive evidence. We didn't do that at our last major special use permit hearings but we're going to do it tonight. I don't think it'll hurt. It's been moved and seconded that we conduct a quasi-judicial public hearing receive evidence regarding the adoption of an order approving this major special use permit. Madam clerk please open the vote. Please close the vote. Motion passes 7-0. Thank you and Madam Attorney maybe we better get ourselves straight on whether or not we need that next time. So yeah we didn't do it last time. We did it this time so probably we don't have a consistent practice. Thank you. All righty and now we will hear from the applicant. Good evening Mayor Schuyl, Mayor Pro Tem Johnson, and members of the City Council. My name is Neil Gauch. I'm an attorney with the Morning Star Law Group at 112 West Main Street here in Durham and I'm here tonight back for your favorite thing quasi-judicial hearings. I'm here tonight representing Nelson Partners the owners of property at 4804 Page Creek Lane here in Durham. Tonight we will present evidence in support of the application for a reduction in the major transportation corridor buffer along the portion of the site adjacent to the off-ramp for I-40 at Page Road exit. This permit relates only to the buffer reduction and it does not relate to the office building use itself which is a generally permitted use in this location. So the evidence tonight will be focused upon the impact of the buffer reduction and will not address the more general aspects of the use. There also is a major site plan before you. That site plan has been reviewed by staff and is clear of all comments and is pending your approval. The site plan is clean and ready to move forward upon your grant of the special use permit. As staff mentioned we are requesting a 60% reduction in the buffer width. At this time I would ask that all materials referred to or used by our witnesses including the staff report and all of its attachments, our applications, the site plan and any other materials be entered into the record and that judicial notice be taken with regard to the contents of the UDO, the comprehensive plan and any other plans adopted by the city and county of Durham. I will hereby admit them to the record. I think I did so before but I'll do it again in just in case. Thank you. In addition to exhibits we intend to offer expert opinion on certain aspects of the case. I would like to enter into evidence. Well already entered into evidence is the resumes of well exhibit A is the resume of Mr. Bill Daniel. He is our head project land planner. He developed site plan that's before you. We also have the resume of Mr. Jarvis Martin that is exhibit B. Mr. Martin is a certified real estate praiser in the state of North Carolina. Behind his resume is the report he prepared following the study that he conducted for this project. Also included in the exhibit packet as exhibit C is a copy of the recorded plat that is associated with an NCDOT taking which we will speak about.  So just like the board of adjustment. You can rely only upon the competent material and substantial evidence entered into the record at this hearing. This site is across the street from the former quintiles building which is now I cuvia. I think that's how you pronounce it anyway. So this is near the I 40. Page road exit. It's across the street from the former quintiles building in what is known as the Creekstone office park. The rear of this property and by rear I mean the east side of this property, but the off ramp for the page road exit. The site is part of an overall office park that was planned years ago and it remains one of the last pieces developed in the office park. Development plan for the office park was approved in 1993. The 100 foot major transportation corridor buffer was in place in 1993 and the development plan accommodated the full extent of the major transportation corridor. What has changed since that time is the design of the I 40 interchange and therefore the shape of this parcel our first witness is a member of the ownership group and he was involved with the project at the time that these changes were going on. His name is Carlton midget and I will at this time ask him to tell you a little bit more about that. Thank you. Thank you, Neil. Good evening. Mayor and members of the council, thanks for the opportunity to appear before you tonight. I am Carlton midget and I'm one of the members of the Creekstone office park origination group and we got the original development plan and rezoning approved over 25 years ago. As Neil mentioned, the original development plan included the full extent of the 100 foot MTC buffer. That rezoning was approved in 1993. In the late 90s, NC DOT came along and finalized the design for the page road off ramp. Its design ran adjacent to this site and required that DOT condemn some of our property and specifically a portion of this track. If the taking effectively shrunk the width of the parcel, as you can see in the plat, which I believe is your exhibit C, the taking affected 1.3 acres in total. The site already had a development plan approved, which accommodated the full 100 foot MTC buffer with the parcel then shrank with the condemnation. The UDO applies the MTC buffer from the edge of the I-40 right away, which includes the off ramp regardless of the development plan or the subsequent NC DOT taking. So when the NC DOT took a large piece of the property, the buffer just slid over to the remainder track, the 100 foot buffer. This results in a double impact on a relatively small parcel. The first application of the MTC was at the time the development plan was approved in 1993. The second application of the buffer was after the NC DOT taking in 1998. This double impact renders the parcel largely undevelopable without the required special use per middle island the MTC buffer reduction, which is why we're here tonight. This is the reason that this otherwise well located track has not seen any development in over two decades. We are of course delighted that the buyer has come up and has an ability to work with this site and an excellent use for the property as an office building if and only if this buffer can be reduced. And we sincerely hope that you'll grant the request before you tonight. Thank you for your time and attention. Unless there are questions for me about the history of the property, I'll turn the matter over to Mr. Daniels, the engineer. Thank you, Mr. Midget. Is there are there any questions for Mr. Midget at this time? Thank you so much. Thank you all. Our next witness will be Mr. Bill Daniel. I am proffering him as an expert witness. He was the head site planner and his resume is exhibit A in your packet. Thank you. Mr. Shewell, council members. My name is Bill Daniel with WMG Daniel and Associates. As Neil stated, my resume is included in that packet as exhibit A. Our firm was engaged by the developer to design the site plan. I've overseen that those services. I'm going to testify about the factors that you must consider in your review of our application. As Neil mentioned, the site is part of a previously approved development plan, which has a common scheme for development. The parcels in this office park originally were designed and intended to operate as a cohesive unit. The site plan and the requested reduction before you tonight carry out that expectation for this parcel. Additionally, I think it's important to note that the parcel immediately south of the site, which is Hotel, was developed with a 60% reduction in the buffer. That's the exact level of reduction that we're requesting for this adjacent site. Therefore, it's my professional opinion that the requested MTC reduction is in harmony with properties in the general vicinity because it is the same reduction which was previously granted and it will allow the site to be developed in the same manner as the surrounding properties. As with the parcel to the south, the buffer reduction will not affect the public health and safety. To the contrary, it could be said the reduced buffer will be beneficial. While natural buffers along the main travel ways of I-40 certainly make sense. Along an off-ramp buffers tend to obscure the view that commuters have of the conditions on the road to which they're exiting and also of the locations near the intersection to which they may be traveling. A reduced buffer will better enable commuters to observe what it is they're driving towards when they take the ramp. Therefore, in my professional opinion, this buffer reduction will enhance public health and safety. Certainly, the buffer reduction in this area does nothing to reduce the public health and safety. There are 13 review factors that must be considered for every special use permit. In this case, a special use permit is for the MTC reduction only, so several of the factors just don't apply. I'll run through these quickly and make a note of those which do not apply and address the reasons why they do not apply. The first is circulation. Our site plan, including the MTC reduction, does not affect the current width alignment or any other dimension of the existing off-ramp or otherwise affect circulation in the area. As a result, the requested reduction has no impact on traffic circulation, either the ramp or on Page Road. On the site, the MTC reduction improves circulation by allowing more developable width to accommodate drive aisles that are wide enough for safe turning movements. In other words, it gives us more room in which to construct internal traffic moving elements, aisles and roadways. The same is true of parking and loading. The reduction will allow adequate on-site parking to be developed without affecting any aspect of off-ramp or having any impact on the adjacent properties. No service entrances or access points of any kind are solved to or from the ramp along which the reduction is sought. All access to the site will be from Page Creek Lane only. All lighting will be compliant with UDO requirements, which address spillover lighting onto adjacent properties, including the I-40 right-of-way. Any sign sought later for the building will be compliant with the UDO and will be approved through the separate process obtained in the UDO. The requested reduction has no effect on utilities servicing the site. The utilities are not routed through the area in which the reduction is sought. As noted in the staff report, the open space requirement is not applicable to our request by virtual being in the compact area. There are no environmentally sensitive features on this site, so this factor does not apply. The next factor deals with screening, buffering and landscaping. The site plan shows that existing vegetation with undisturbed buffer of the MTC buffer area will remain and the supplemental plantings will be required where the existing vegetation is insufficient to achieve the required level of opacity. This ensures that there will be adequate screening of the highway from adjacent uses, including this new building. In other words, we are not relying solely on the existing vegetation and the remaining buffer width for screening. Regarding compatibility, one of the primary effects that the requested reduction will have on nearby properties is to make our site more compatible with those properties. As we've mentioned, the site plan is consistent with the original development plan that was approved for the parcel. The other properties in the area are developed with office buildings or supporting amenities like the adjacent hotel, while our property is a vacant lot. Moreover, the parcel to the south has the same buffer reduction which we're requesting. Therefore, development of the site pursuant to the proposed site plan, which is based upon the reduction of the MTC buffer through this special use permit, will enhance the compatibility of the site with the neighboring land uses. Finally, the reduction is consistent with policy. The intent of the MTC buffer is to establish a natural buffer between uses and the main travel lanes of major thoroughfare corridors. Exit ramps generally, of course, are a design feature of major thoroughfares, but they do not present the same challenges as do the main travel lanes. Exit ramps are signal controlled approaches and do not experience the same rates of speed that main travel lanes do, and the concern about roadside distractions is less, since drivers who are exiting by definition are looking for their turn or the location to which they are headed, and therefore more alert to their surroundings. As a result, the need for buffers along exit ramps is far less than along the main portion of the corridor. Aside from 13 review factors that I've just addressed, requests for special use permits allowing MTC reductions have two other factors which must be considered. They're topography and size. As you can see on the existing conditions page of the site plan, there's about 15 feet of vertical drop within the 30 feet of the partial closest I-40, sloping down to I-40. North to south, the property drops about 22 feet in elevation over the entire site. This topography is challenging, but the requested reduction allows us to take advantage of the flattest portions of the site. Regarding size at its narrowest point, the existing site is only 185 feet wide. A full MTC buffer would reduce the developable width of this point to 85 feet, which is prohibitively narrow for any reasonable use of the property, certainly for this use. Moreover, a full MTC buffer on the property would encumber 0.85 acres, which is more than half of the parcel's total area. As the property owner mentioned, the NCDOT taking and subsequent application of the full MTC buffer renders the original parcel pretty much undevelopable. The requested reduction will provide adequate screening along the off ramp while maintaining the full 100-foot buffer along the main travel lanes of I-40. All of this can be achieved without any detriment to the public health and safety and in a manner which is in harmony and compatible with surrounding properties. The MTC reduction, which was granted for the parcel of the south, is a strong precedent for this request. The result of granting the reduction we're requesting will be no different than what was already done in that area. Your approval of the special use permit allowing the requested reduction will allow for new development on a parcel that is long-remain vacant, thereby improving the city's tax base and creating additional employment opportunities. If you have any questions for me, I'll be glad to try to answer them. Otherwise, our next witness will be Mr. Jarvis Martin. Thank you so much, Mr. Daniel. Colleagues, are there any questions at this point for Mr. Daniel? Any questions? All righty, Mr. Martin. Thank you. Thank you, Mr. Daniel. Our next witness is Mr. Jarvis Martin. Again, I'm proffering him as an expert in real estate appraisal. Thank you. Thank you, Neil. Good evening, Mr. Mayor, members of the council. Good evening. My name is Jarvis Martin. I'm a state certified general appraiser. I'm here tonight at the request of the applicant to provide my opinion as it relates to the reduction impact on this buffer. You have my resume and I'll be glad to answer any questions about my credentials if needed. Our firm was employed to look at the proposed reduction of the buffer and how it might impact adjacent and surrounding properties. It is important to note that my testimony tonight is dealing with the reduction of the buffer and not the use of the facility. In looking at the property, I discovered that the adjoining hotel which is south of it, which is also developed with a 40-foot buffer so recently. Would you back on just a little bit away from the microphone? We're getting a little feedback. Thank you. Thank you. So for $4.8 million, it is an improved structure and used as a motel. I reached out and contacted the owner and operator of this facility to ask them some questions about his purchase and if he knew about the buffer reduction and what she did, that he knew the property was adjacent to the Page Road off-ramp. In my conversation with him, he indicated that the location of this property in the buffer reduction had no impact on his decision to buy this property due to the strong occupancy that the hotel demonstrated. I also asked him about the ongoing operations and he indicated that they have had no major concerns that occasionally they do have occupants who occupy room on the east side of the building will make a comment about the extent of the noise from Interstate Highway 40. But those comments come very sparingly and that he does not have any way to measure any negative impact and do not believe it is a minor concern to him. It is also important to note that other properties in the business center also have buffers adjacent to the right-of-way. With that being said, it is my opinion that the reduction of the buffer has no negative impact on I-40 in the off-ramp of Page Road, which is to the east of this property, and that the reduction of the buffer will have no impact on nearby and surrounding properties as demonstrated at a recent sale of the hotel. Also, in doing additional research, I was able to locate within a radius of one mile of this property over 40 non-residential sales that have occurred in the past two years that demonstrate a very strong market activity and high demand for businesses in this area, given any possibility of the buffer reduction and no impact. With that being said, it is my professional opinion that the reduction of the buffer will have no negative impact on the surrounding properties and adjacent property. Given the fact that the property to the south, the hotel, has already been developed with a comparable 40-foot buffer, it is proof that there is a market for this type of property, and granting this property the approval of a special use permit will not have any inverse impact. With that, I am open for questions. Thank you, Mr. Martin. Colleagues, any questions? Councilmember Freeman? Actually, just a comment. I just really wanted to share that I appreciate you speaking to the neighbor to the south directly. Thank you. Any other comments or questions? Thank you very much, Mr. Martin. Thank you all. Thank you. And for the record, this is Neil Gosh, attorney for the applicant speaking again. At this time, I again would like to move into evidence. Any exhibits relied upon by or referred to by the witnesses that were not already entered into the record. As mentioned at the beginning of this hearing, it's our burden to submit competent material substantial evidence into the record showing that our proposal has met all of the requirements of the UDO for the approval of the requested major special use permit in the site plan. Mr. Daniel did a good job of drawing your attention to the evidence in the record, which shows that the site has been designed in conformance with all applicable UDO standards. His firm has worked with your staff to make sure that that exactly that happened. He also explained which of the 13 review factors are affected by the proposed reduction and what we have done, how we have addressed them, including the two additional factors that are specific to any MTC reduction. Mr. Martin analyzed the effect that the reduction might have on neighboring property values. He concluded that property values will not be adversely impacted by the requested reduction. Mr. Midget spoke to you a little bit about how the original development plan accommodated a full 100 foot MTC buffer and that in 1998 NCDOT took some property which shifted that buffer over as a result in a way that encumbers most of this parcel and therefore makes it mostly undevelopable without the requested MTC reduction and that's why we're here today. The site plan has been reviewed and approved by all the relevant departments and is subject to your final approval. So the only thing remaining for both of these items, the special use permit and the site plan, is your approval tonight. All of the competent material substantial evidence in the record shows that the applicant has met all the requirements in the UDO for your approval of the requested major special use permit and the site plan. So we respectfully ask for your approval of both tonight and I thank you for your time and we're happy to answer any questions that you may have. Thank you, Mr. Couch. Thank you. Are there any questions at this time for the applicant or any of the applicant's witnesses? If not, are there any opponents to this application who would like to speak? Are there any opponents or representatives of any opponents of this application who would like to speak? I believe at this time we will ask the staff if they have a recommendation to make on this matter. Eliza Monroe with the Planning Department. Staff recommends approval of the major special use permit case number M180002 provided that the improvement shall be substantially consistent with the plans and information submitted to the council as a part of the application. Thank you very much, Ms. Monroe, for that recommendation. Colleagues, are there any questions at this time for staff or the applicant? Just one. I know that we've alluded to that this case is not surrounding the use of the building. Is the 60 feet that you're taking into account for the buffer going to be included into the site? Like what would be the use that you would put on that additional 60 feet? Like how does that? So we're requesting the buffer reduction to allow the construction of a two-story office building and the associated on-site parking. So within the 40 remaining feet, that's all going to be vegetation. It's going to be existing vegetation and it will be supplemented with additional vegetation to meet the UDA required opacity. And then in the additional 60 feet that would be picked up, that's an area that with this reduction we would be able to grade and develop. So I mean that is essentially the flattest part of the site. So that is where the building is going. That is where the parking is going. It will be right there. Yeah. Thank you. Any other questions at this time for the applicant or for staff? Any discussion by members of the council? Will there be any housing on it? I'm just kidding. All righty. If not, then I'm going to ask for a motion that we grant the permit. So moved. Second. It's been moved and seconded that we grant the permit as recommended by staff. Madam Clerk, please open the vote. Please close the vote. And the motion passes 7-0. Thank you very much. Now we need a motion to approve the major site. So moved. Second. It's been moved and seconded that we approve the major site plan. Madam Clerk, please open the vote. Please close the vote. And the motion passes 7-0. Thank you very much, Madam Clerk. Thank you all. Appreciate your being here. I do want to mention. Thank you very much, Mr. Mayor. Thank you, ladies and gentlemen. Mr. Brian, thank you. And thank you, Mr. Gosh. Thank you all. Do want to mention while Mr. Brian and Mr. Gosh are still here to our planning department, this does again raise at least for me the question about what our prerogatives are in terms of deciding what comes before us as a special use permit and what is the legislative matter. I know we talked about that last week and just want to urge you all to continue to think about that. We certainly will, Mr. Mayor Pat Young with Planning Department, the MTC buffer encroachment that you all just heard prior to the UDO being adopted in 2006 was heard by the Board of Adjustment as a minor special use permit. The adjacent site, the Double Tree Hotel, that case was heard by. So we certainly have evolved and evaluated over time a number of items that were previously major special use permits in 2015 and 2016 became minor special use permits. So are there a very small number of these? We'll continue to assess and evaluate and review with the administration and you about which types of cases you want to see. We have full trust in your judgment on that and we're very appreciative of you all considering continuing to give a consideration. Thank you. Thank you. All right. And council members, I believe that there is no more business to come before this body and I'm going to declare this meeting adjourned at 8.23. 8.23. Thank you.


Welcome to another edition of Kondo Insider. It's interesting to think that we're finishing our first year, December 31, 2016, having done about 40 shows teaching board members and owners about their responsibilities and new technology and all sorts of interesting things in Kondo living. So let me begin by saying happy New Year to all of you and let you know that we will be back in 2017 with 52 new shows of very interesting information. We are blessed to have today with Scott Troy, the owner of Real Class, Inc., and who's going to talk to us about the golden rules of rulemaking and enforcement. Welcome, Scott. Thank you for inviting me again and happy New Year to you as well. Well, happy New Year to you. Let's refresh everybody's memory a little bit about your background and your skills and experience in the industry. Well, I've been a licensed real estate agent in Hawaii for about 31 years, spent most of the last 20 some odd years writing educational courses, teaching continuing education and things like that. And for several years also as a real estate commissioner and for some time on that I was the chair of the condominium review committee. So it's always Kondo, Kondo, Kondo. And you've also done some national courses and training as well, right? Yes, I have. And was a longtime member of the Real Estate Educators Association, taught some educators as well. That's always interesting to be an educator and teach educators, not the easiest room full of students. Well, I think that's one of the great things about our show. We have people like yourselves who are very qualified or considered experts in the industry where our board members and our homeowners can get real information that they can ponder and think about to help make their association a better place to live. But one of the common complaints we always hear is house rules and fines and different things along that line. And so to kind of get the discussion going, I'm going to ask our producer here to play a training video. And I want to emphasize it's a training video because it looks like a news story or a newscast, and this was produced to look that way. But it's a training video having to do with rule enforcement. So if we're ready, let's play the video. Residents in this Libertyville neighborhood are up in arms, upset with their homeowners association, Knowles of Breckenridge, over what they feel are restrictive neighborhood rules, rules that restrict their freedom of speech. I got two kids fighting in Iraq.  I love America and it's my duty and right as an American to be able to say it loud and proud. But my HOA says that my patriotic duty, my first amendment rights are against their corporate policy. Reagan recently received a violation notice from Knowles of Breckenridge stating that he had to remove his American flag and other yard decorations or face fines. Knowles of Breckenridge spokesperson Carol Peering says the association's policies are clear. As a community manager, it is our goal to help the association preserve and elevate the home values. In Mr. Reagan's case, the board has communicated to him numerous times what the rules are on yard art and feel it's only fair if all neighbors comply. Why do you hate freedom and being patriotic? The Knowles of Breckenridge Association believes in freedom and thanks Mr. Reagan's children and all soldiers who are fighting on our behalf. The rules of the association state that seasonal art can be displayed three weeks prior and five days after a holiday and that flags must be flown at a 45 degree angle from the home. The association is just asking that Mr. Reagan exercise his first amendment rights within those rules. I mean it just don't seem right. My family's done sacrifice for this country going back to the Civil War. My great-great-grandfather Benjamin Franklin, Jefferson Moore, Reagan fought in Gettysburg. I think these people would be grateful. Reagan has appealed his violation notice with the Breckenridge Board of Directors. In the meantime, Reagan doesn't plan on letting up on his love of freedom in the American way. Shoot, I mean this flag, all these decorations, it's my way of saying I love the USA. I mean it just don't seem right for me to take them down. It just doesn't seem American. While the association's extensive bylaws make it clear that Mr. Reagan is in violation, a decision from the Breckenridge Board of Directors isn't expected for two weeks. Only time will tell whether this man's love of country and freedom will win out over board policy. In Libertyville, Vicki Bagley, Action 9 News. As I said, this was a training video to talk about issues associations have with respect to enforcing their rules. And in this case, enforcing the rule about what you can fly as far as the American flag. So why shouldn't another be entitled to fly the American flag? Well, I think they should be entitled to fly, but even in this training video that you showed, it had specific rules on how many days before, how many days after, and things like that. I think other than the American flag, the one that causes more controversy than the American flag is when you put your favorite football team's flag up. Especially if that's not your neighbor's favorite football team, that controversy really starts to come into play as well. Well, people may not know in the last year's legislature there was actually one or two bills, maybe one in the House and one in the Senate, introduced regarding flying the American flag. And they died because, from my experience, it's not as simple as it looks. Because just to kind of give you a thumbnail of this, number one, I know there's an association where the owner wanted to fly the American flag to install a 50-foot flagpole. Then you may have seen in a video, he didn't have a flag. He had 10 or 20 flags along the walkways and wherever. And so I was talking to one of our legislators about this issue, and he was saying that, well, where does it stop? So if a realtor puts out a for sale sign in the upper right-hand corner of the American flag, is he flying an American flag and expressing freedom, or does he really have a for sale for advertisement? Or even further, what if that realtor put, don't tread on me, is that now a political statement versus a sign for sale of real estate versus a flag? Then you get the ISIS flag, the Hawaiian flag, all these other flags. There's got to be a point that the association, because they have covenants and restrictions, has a right to set some reasonable rules for flying flags. Well, I think that's key in the term reasonable. Also, when you get to the real estate sign, there are actually some associations that do prohibit a for sale sign on the property, and even when it comes to the infamous open house signs, a lot of associations do have restrictions in regards to when and how those can be put up. Also, realize the open house signs you see on the street are not on the association property, so they can do that. Unfortunately, though, maybe you're violating county rules and the sign might get picked up by the county, but I've actually known some fairly high-end condominium associations throughout the state that prohibit any type of for sale sign, open house sign, any type of signage on the property. So even the realtor who's doing, let's say, the open house has to double check and see what the rules are, check with management to see what they're allowed to do so they don't come out of their open house and their signs are suddenly gone. I think this strikes at the heart of rulemaking in the sense when boards who have typically authority within the bylaws to set house rules, sometimes the bylaws have specifics that they can't change because of a house rule, so they're going to be obligated to always have the bylaws be the number one doctor. I found behind the declaration, actually. So they can set up house rules, but they can't set up a house rule that's in violation of the bylaws. When they set rules, there ought to be some reasonableness because owners do have a right to enjoy their home and do have a need to advertise and sell their property. So boards need to look at having reasonable ways to accommodate both sides without giving up the aesthetics of their association and their design restrictions and rules. Well, and here again, yeah, you have the right to quiet enjoyment, but so does your neighbor. And that's one of the reasons you have the rules set up the way that they are is so it's not just, you know, oh, they're picking on me, but you have to think about all the people who live in the association and why you have that rule and is there a specific reason for that particular rule. And again, it boils down to quiet enjoyment, especially like quiet time, what you're doing inside your unit could have an effect on what your neighbor is hearing or seeing or smelling. You know, I think it goes back to reasonableness to me in the sense that certainly I think this may be more applicable to a homeowner association than a condominium.  There has to be a degree of reasonableness to it when they set up their rule in the first place. So they ought to acknowledge that, in my opinion, that, okay, we allow flags on holidays and these types of events, and they can be hung, I'll make this up, two days before and two days after the event and can't be larger than and cannot be permanent in nature. That gets away with a 50-foot flagpole issue. You know, that's an actual case, you know. Yeah, I know, yes. A 50-foot flagpole. That's one that actually caused some legal issues because the owner wanted, was very patriotic and he wanted a 50-foot flagpole with the largest American flag. You could fly on that, which would have been quite huge. Maybe six by eight or nine feet, I'm going to guess, maybe. Well, and the flag issue, again, it's like so many days before, so many days after, like let's just take, for example, the 4th of July, that a lot of associations, including the one where I'm at right now, they have rules on how many days before, how many days after for Halloween decorations, Christmas decorations, what are allowable in, let's say, the Christmas lights and things like that. So they're there for a reason and one of the main reasons people buy in a condo association or actually also a homeowners association is the rules are there, the bylaws, the declarations, the homeowners association, the CCNRs, to help maintain the values of the property. And a lot of people want that assurance that their property is always going to look nice and so on and so forth. The problem usually is, is after they buy and move in, those rules apply to everybody else, but not me. And that's why you have to have the reasonableness and the enforcement of them as well. So I'm going to have our producer bring up a picture online right now. Here was the owner's creative solution to getting around the flag rule with respect to painting their house. And as you can see from the photo, they decided to paint the house red, white and blue. Now I'm assuming they must not have any design restrictions on the colors of their houses, but that was a cute way to try to get around that, I guess. Well, sometimes they spend more time looking for a way around the rule than to actually just follow the rule. Like you said, yeah, obviously they didn't have any rules and restrictions on what colors you can paint your house, where a lot of associations do have that issue of you can only paint in this color and so forth, but you can't be vague about it. Yeah, I think before we go to the break in a minute or so, let me just review that when you live in an association, there are restrictive covenants, and within that there are going to be rules, and they may be related to flags or Christmas decorations or what time the pool is open, a whole variety of topics. When you move into an association with these rules, those requirements are in your deed. You have to comply with them. So if you really have something that's your pet issue, before you buy, you might want to check. And then on the other side of the coin, if you're a board, you're going to set rules up to protect the property. Try to be, I'd use the word humanitarian about it, reasonable enough that we respect the culture and the values by which we live, so things such as flags and other types of programs can be handled without giving up the property values and all your restrictions and covenants, because I think there's a lot of arguments if you selectively enforce this stuff, the rules will become totally unenforceable in the law anyway. Absolutely, selectively enforcing it, or not enforcing them for a long period of time, and then suddenly deciding, today we're going to start enforcing it. That could also have that same exact effect of being coming unenforceable. We're going to take a short break, but what we're going to do when we get back is we're going to talk about rules, how to set them up, maybe firework rules and some of these things. So we're going to take a short break and we'll be right back. Aloha, my name is John Wahee, and I used to be a part of all the things that you might be angry at. I served in government here and may have made decisions that affect you. So I want to invite you in. I want to invite you in to Talk Story with me and some very special guests every other Monday here at Talk Story with John Wahee. Come on in, join us, express your opinion, learn more about your state, and then do something about it. Aloha. Welcome back to Condo Insider. I want to remind you, if you have questions, you can join our hotline by calling<PHONE_NUMBER>. If you have a question or a comment you want to share. We were talking with Scott Shirley about rules enforcement and we kind of got off track during the break and I'm going to ask you to repeat that story. Well, they had a design restriction that the rules of a home had to be earth tone. Repeat that story for us. And I don't want to say the homeowner's association's name, but they had it in their restrictive covenants that all roofs must be earth tone in color. And a new owner moves in and changes a roof and puts on a very bright blue tile roof. And the association didn't appreciate that and said it was not earth tone. It did end up in court and the homeowner's attorney in court set a globe on the table and said, looked at the judge and said, what is the most common color on the earth? Well, apparently it was blue, so she still has her blue roof in her association because it's actually an earth tone. So when we get into rules, we have to say, we want to make sure that they're definitive and not just vague because there's always going to be somebody out there who will figure out a way. Well, that's true. And you have to be very careful about it. And I often say that when you have your house rules, these rules, it's probably a good business judgment to have your attorney review them. Absolutely. Absolutely. Because I have an association I know of that has a dex. And these dex are actually the roof of the unit below them. They're like a series of steps. And so the person above them can see the roof of the other associations, the deck below them. And what they did in that particular case, they said the dex have to be white, beige, or brown, you know, or gray, I think it was the other color. And must be approved by the board of directors, but shades of white, beige, brown, and gray would be acceptable. And that way they were able to limit, quote, the earth tones or some of the generic types of things by being very clear what the rules are intended, because it can go on and on, you know, from people installing wood floors in their unit and the noise it may transmit, other restrictions with regard to putting down tile, whether you have to have a sound system protection layer between it. So there's a whole lot of things that come up that the rules aren't carefully thought through.  And I think that's also a good key that you brought up in that discussion is in that scenario you said in must have board approval. There are certain rules that you should have that the board must review before you're allowed to do something because that way you can ensure that it's being handled properly and that the rules are being followed and you don't end up with a blue roof. And typically there's a caveat and reasonable approval will not be withheld by the board so that there's some balance that there has to be some kind of basis. Let's go back to some basic questions on rulemaking. Can a board of directors just make any rule they want? Well, it depends on what the purpose of the rule is for and you mentioned it very clearly at the beginning and I've taught about this many times, is you can't just put something in the house rule that is the exact opposite of what your bylaws are saying you're allowed to do. If you want to change something in the bylaws, you have to do a bylaw amendment. You can't just throw it into the house rules and say, okay, now this is the case. If your bylaws say a pet is allowed and that could be a whole other show on itself and then the board decides, no, we don't want pets anymore and they only change it in the house rules, it's not really enforceable because it is still allowed in the bylaws. Another comment that you made too that is very important is that you should understand what you're buying into. If there's certain things you want to do in your condominium or your homeowner's association, you should be reading those rules to make sure you're allowed to do that before you actually go through with the purchase or anything like that. If your intent is to do vacation rental in your unit and the association has a rule that says no rentals under 180 days because they don't want vacation rentals in there, that's going to have an effect on whether or not you want to purchase in there. You can't just purchase and then say, well, I didn't know. You have time and you get all these documents to review for a reason. So we can summarize step one. They have a rule. First of all, it has to be legal. They can't violate your declaration or bylaws. That is an example you gave of the bylaws provide for pets. They can't have a house rule saying no pets, for example. And they certainly can't be discriminatory in nature. Oh, no. And so it would be, I hate to say it, but for a board to say we only let certain types of people live here, that'd be a violation of a lot of discrimination laws, but certainly it's outside the scope of a board in establishing rules for the quiet enjoyment and safety of an association. So the rule has to have a valid purpose to begin. On the discrimination side, many, many years ago, I got a letter from HUD on association that I just started managing. Hadn't even really gone through all their documents yet. And the letter from HUD said, you need to change this in the house rules. And what the house rule had said, it said children are not allowed to play in the hallways, roller skate, bicycle, et cetera, et cetera. Well, that was a very easy fix. We took the word children out. And now the rule applies to everybody, not just children. So we always try to avoid the children in the house rules. Well, that's true. I think the most common mistake they make is in swimming for rules. So say children under 10 are not allowed to be here without an adult. So you could have a great swimmer who's a child under 10 who's a great swimmer where you might have an adult who doesn't know how to swim. So what you need to be focused on is the safety and not let it be perceived as age discrimination or a handicapped discrimination or something like that. Exactly. And that's why I go back and say all boards ought to have their house rules reviewed by their council because the Hawaii Civil Rights Commission, who's the enforcer of federal and state here in Hawaii on housing rules, they're not going to be happy if you have those types of rules in place that talk about age discrimination or any other kind of discrimination. Well, and the other issue in regards to house rules is some associations, surprisingly enough, even today will try to create a housing or an occupancy standard via the house rules where I've actually seen house rules that said only two people allowed to live in a one bedroom, three to four in a two bedroom, et cetera, et cetera. Well, we don't have a housing or an occupancy ordinance in any county or the state of Hawaii in general. And a good example is the old condo I used to own on Maui many years ago was 972 square foot one bedroom. Only two people are allowed to live there. So you've got to be very careful when you're doing things like that as well. Absolutely. And what happens is they create rules, all of a sudden they have fines. And the problem with the finding system is a couple of fold. And I like your comments about this. Number one, the fines have to be reasonable. I saw a fine where if you parked in the fire zone it was $10,000 fine. And you have to have some reasonable... I haven't found a judge yet who's willing to enforce egregious fines for some huge amount of money that could create a delinquency which could create a foreclosure. You're going to have to have some degree of reasonableness on finding. You just can't take some huge number and create this liability for the owner. Well, in a lot of associations that I've dealt with and house rules that I've seen over the past it usually starts with a warning. First time is a warning. Second time they actually will find you and it's usually a minimal fine and then it takes steps from there. If the person two or three more issues come up then the fine is usually substantial, but not $10,000. That I'm aware of, but I devoid that association. Or at least parking there. I think the other part of that which we have found where judges have ruled house rules are unenforceable is if you don't have an appeal mechanism that is the owner got fine $500 for parking in the no parking zone and you don't have an appeal mechanism where he can go to the board and say, I like to appeal my fine. So there's due process in American law. You don't have a way for an owner to be heard and appeal the fine that oftentimes those rules are not enforceable or courts have ruled them not enforceable. Well, and not only that, the key all along the steps is documentation. Document a copy of, the board keeps a copy of the first warning and the violation and so on and so forth so that there's a paper trail, so to speak to make sure that not only is the owner following the rule so is the association, especially when it comes to if it goes down to where they want to mediate the issue of the violation of the house rule. Well, we've told my counsel to boards as we've dealt with house rules and appeals of house rules is, look, if you have an owner, let's just say, your budget's not based on collecting money from fines to run your association. It's really a way to force people to follow the rules. That's what the purpose of it is. So let's just say you have an owner and they got fined $200 for something and they want to appeal the fine. They don't feel as appropriate. They had a flat tire and that's why they had this problem. Whatever it may be, we've often recommended the boards because you don't want to make this an unfriendly place to live. You don't want to make it punitive. You say to the owner, okay, we're going to suspend this fine for six months or 12 months. And if you don't do it again, you don't have to worry about it. Which is an excellent rule. An excellent decision in regards to something like that. And that way you haven't, quote, violated your fine policy, which you basically said is, look, I'm going to suspend it. Meaning we're not going to collect it as long as you don't do it again within whatever the period of time is appropriate based on the circumstance. And that way the board is not acting indiscriminately in who it enforces or doesn't enforce it against it. But they have given people a chance so they can again enjoy their community and it's almost a face-saving way, you know, that the owner doesn't want to be wrong, the board doesn't want to be wrong. This is a way to say, well, look, it's like a deferred plea in the court system. Okay, we're not going to enforce this, but you agree you won't do it again. If you don't do it again next six months, the fine is void. Keep your nose clean. We'll wipe it from your record. And I think that's a... I try to tell associations all the time we don't want to have a traffic cop mentality in running an association. It's not a way to have a friendly association. But at the same time, you can't ignore following the rules. Exactly. Because your comments about, my view is if you don't enforce your rules, then in fact the courts are going to say they're not enforcing it. Exactly. That could very well happen. If you selectively enforce them, only some people get enforced, other people don't, or you don't enforce them at all, then you run the risk of becoming unenforceable completely. And we only have two minutes. Let me just get to this bottom line of an example of this. We were talking briefly about fireworks before that. Oh, yes. And where the board or the association has a no-fireworks policy. And tell the story. Well, in this one, it's actually a condo association, not a homeowner's association, but their individual houses, condominiumized houses. And the neighbor has been complaining for quite some time that her neighbor blows off fireworks on 4th of July, Chinese New Year, New Years, and it's in direct violation of the house rules. Then she discovers, nobody's enforcing it against this particular owner. Then she discovers that the board president himself is usually at those parties at the house helping blow off the fireworks. And that goes back to the issue of enforceability. If you have rules they selectively enforce, it's going to be a problem. So to kind of summarize the show, house rules are something that are very important in association. But at the same time, we strongly recommend you have them reviewed by the attorney because there's so many areas you can stub your toe and create liability, create unenforceability with respect to that. We look forward to seeing you after the New Year. Happy New Year to everyone again. And we look forward to another year of Kondo Insider. Aloha.


The title says it's clear, who has the fastest charging ever on a smartphone? And I'm talking about two devices that can do this under 35 minutes. Now the first device is the Operino Ace. We saw how it totally trashed every other smartphone we tested it against at a ridiculous 32 minutes. This device I'm using here is the Gundam Edition. 48 anniversary, looks really nice. If you're gonna pick up the Reno Ace, you definitely wanna pick up this. Also comes with a special case. I love the etching in there. It's a lovely looking phone. Now it comes with a 4,000 milliamp battery, 65 watt charging, Super VWC charging, 2.0, which gives us the speeds. And in terms of specs, 855 plus processor, 90 Hertz display in terms of refresh rates. And that doesn't dip when your brightness goes down. Now, looking at the Realme X2 Pro. Now you look at it, you go, it looks kinda similar. Yeah, design-wise it's the same. Well, both devices or companies are owned by OPPO, or at least OPPO is a parent company here. And that's why the design signature is the same. You know, they have similar signature, the headphone jacks at the bottom, USB type C. This device, though, the Realme here has a 4,000 milliamp battery, does have a 50 watt charger. Although it's powered by the Snapdragon 855 plus, and just like I mentioned, both devices have 90 Hertz displays, resolution 2400 by 1080p, and of course will not dip when it drops down your brightness. So without wasting any more time, let's start charging. Okay, getting our test on the road, OPPO Reno Aces on the left, the Realme X2 Pro is on the right. Remember, both of them have 4,000 milliamp batteries, so the same size battery, except one is a 65 watt charger for the OPPO Reno Aces, one is 50 watts with the Realme X2 Pro, and both of them are Supervio V00C2. But we're gonna check a five minutes, 10, 20, and of course around 30 or whenever it ends. So we're getting close to that five minute mark. What do we have for charge times with both devices? So we're gonna check in a second, go ahead and boom, all right. So we have the OPPO Reno Aces at 27% and the Realme X2 Pro at 22%. This is great, think about it, in five minutes, you've got enough charge to actually do some stuff and use your device, which is amazing, truly amazing. So our next checkpoint is at 10 minutes, right? Now just imagine the future where we have devices charged this fast. I think if this technology or this idea, infrared cell devices, it's gonna be really great. So 10 minutes, we are right there and we're gonna check both devices and let's see. So we've got 50% for the Reno Aces and 39% for the Realme X2 Pro. So the Reno Aces ahead, remember, it's supposed to do this in 30 minutes while the Realme X2 Pro is supposed to do this in about 35 minutes. So that difference in wattage actually plays quite a bit there. And we're going to go ahead and check at the 20 minute mark. So we'll see where we are. So now I expect to see both devices catch up or at least get close in terms of percentages once we get to that 20 minute mark. So we have 20 minutes here and the Reno Aces is at 86%. While the Realme X2 Pro is at 70%. So 16% difference here. It looks like the Reno Aces is creating a bigger lead but what's interesting is where both devices are going to end. Again, both devices are turned off because that's the way it charges from zero and they have to turn it on because one turn on or the other didn't. But you're gonna see the upper Reno Aces really pull through much faster, 99% now. So which means it's going to get to 100 really soon and as we look and wait 100 at 28 minutes and 41 seconds for the Reno Aces, the Realme X2 Pro at 28 minutes, it's at 92%. So 28 minutes for the upper Reno Aces. Now where will the Realme X2 Pro end up? It does say 35 minutes for it's a zero to 100 charge and we are getting closer to that timeframe but just think about it, this, I mean to me this is really cool to see devices charge this fast. Probably the fastest ever we've seen. We're getting closer to that 35 minute mark here and we'll see where this actually ends at 100. 135 minutes and 17 seconds for the Realme X2 Pro upper Reno Aces, 20 minutes and 41 seconds. This is truly dope. All right, so the Reno Aces won this battle really well and powered off, it did it in 28 minutes. That is truly insane. When it was powered on, when we did the other tests it did finish in about 32 minutes. So there's a four minute difference when you turn on the device or you turn off the device at least from what I got. It might differ but 28 minutes, whoo, that's nuts. Realme X2 Pro is no slouch though. It did this in 35 minutes. So it's claim of 35 minutes still stands, 35 minutes and 17 seconds. I was truly impressed with both devices although the upper Reno Aces just sped through especially just like a gun though this kind of fires through and goes all the way. As I mentioned, both devices have an 855 plus processor so you can gain effectively on both devices the wrong color duty mobile really well and 90 Hertz is great having that on a device like this.  This is what I say. Because you can charge in five minutes you can get either 27% or 22% on the ace or the X2 Pro. It means that you're not going to be plugging this to charge all the time. You can run your device all the way till it drains or it gets down to about 5% plug it in and in five minutes you're getting about, you know, 20% juice in there. So this to me is probably one of the best techs in the, you know, in 2019. I truly like it. Anyway, what are your thoughts, which of these two devices would you pick? Now I know I didn't do a camera test and all that kind of stuff. That's not what this video was focused on is really about the charging potential and what actually brings to the table. But which of these two devices will you pick up? If you have any questions or any comments, let us know. You want to pick them up, I'll have some links for you guys down below. Don't forget to like, share, subscribe and always enjoy your entertainment.


Check out the power of clear down at our home guys. I'm not seeing any skid marks Even in the grass They even try to stop Skid marks at all we go past all I'll get a front-end shot at it for you Like a split part of that pole into the window there and see it Not one skid mark There's a little bit right there where once they hit the wheels still spinning a little bit as far as Stopping marks. There's no skid marks at all. We'll go past slow and I'll try to get a front-end view of it for you