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Minutes of 05/02/01 Planning Board Meeting [adopted]
Becky E Smith
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05/09/2001
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12:05 PM
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Planning Board\Minutes
MINUTES
Wake County Planning Board
Wednesday, May 2, 2001
3:30 p.m., Room 700
Wake County Courthouse
316 Fayetteville Street Mall
Raleigh, N.C.
Members Present (10):
Mr. Terry Yeargan (Chair), Ms. Robin Hammond (Vice-Chair), Ms. Kimberly Siran, Ms. Phyllis Rush, Mr. Mason Williams, Dr. Dwight Pearson, Mr. Phil Hinton, Mr. Stan Norwalk, Ms. Denese Lavender, Mr. Ed Ashworth
Staff Present (5):
Mr. Doug Longhini, Interim Planning Director; Ms. Melinda Clark, Land Development Administrator; Ms. Lynn Patrie, Subdivision Administration; Mr. Larry Morgan, Planner; Ms. Becky Smith, Secretary to the Board
1. Call to Order:
Mr. Yeargan called the meeting to order at 3:30 p.m.
2. Petitions and Amendments:
Mr. Yeargan asked if there were any petitions or amendments to the agenda. There were none. With no petitions or amendments to the agenda, by unanimous consent, Mr. Yeargan declared the agenda approved as submitted.
3. Consent Agenda:
Mr. Yeargan asked if any Board member objected to unanimous consent approval of the consent agenda. There being no objections, Mr. Hinton made a motion that the Board approve the consent agenda as submitted. Seconded by Ms. Rush, the consent agenda was approved as submitted by a vote of 6-0.
a. [S-13-01]
Preliminary Subdivision Plan for Willow Bluffs Cluster, PH. 4 & 5:
Proposal to subdivide a 115-acre parcel, zoned R-30, situated on the north side of Norman Blalock Road, between NC Highway 42 and Old Stage Road, in the southern part of the County, into 89 lots. PIN 0687.02-86-7678. Plan titled "[S-13-01] Preliminary Subdivision Plan for Willow Bluffs Cluster, PH. 4 & 5" and map, not dated but kept on file in the official Planning Board records for 05/02/01, is approved as submitted.
b. [S-14-01] Preliminary Subdivision Plan for Alexander Woods:
Proposal to subdivide an 8.86-acre portion of 145-acre parcel, zoned R-30, situated on the north side of Wade Nash Road, between NC Highway 55 and Piney Grove Wilbon Road, between Holly Springs and Fuquay-Varina, into 8 lots. PIN 0658.03-10-5811. Plan titled "[S-14-01] Preliminary Subdivision Plan for Alexander Woods" and map, not dated but kept on file in the official Planning Board records for 05/02/01, is approved as submitted.
c. [S-15-01] Preliminary Subdivision Plan for Dutchman Estates:
Proposal to subdivide a 12.92-acre parcel, zoned R-40W, situated on the north side of Ten Ten Road, between Kildaire Farm Road and Holly Springs Road, south of Cary, into 9 lots. PIN 0760.02-59-3964. Plan titled "[S-15-01] Preliminary Subdivision Plan for Dutchman Estates" and map dated 2-27-01, is approved subject to the following condition:
1. Lots 1, 9, and 3 shall have no direct driveway access to SR 1010. The proposal does not limit access for lot 3.
[Item 4: Other Substantive Matters was placed on hold until the County Manager and Deputy County Manager arrived at the meeting. The Planning Board proceeded with Item 5 a.]
[Ms. Hammond, Ms. Lavender, Mr. Ashworth, and Mr. Norwalk arrived at this point.]
5. Rezonings -
a. ZP-801-01: South side of Poole Road:
Request to rezone 7.5 acres from Residential-30 to Conditional Use-Industrial-2, located on the southwest side of the intersection of Poole Road and Hodge Road.
Mr. Morgan presented the staff report that recommends that the Planning Board conclude that the request does not conform with the Land Use Plan and does not advance the public health, safety, and general welfare, and that the Planning Board recommend that the Board of Commissioners deny the request. The property lies within the City of Raleigh Long-Range Urban Services Area. Poole Road is classified as a major thoroughfare. Adjacent zoning is Residential-30 and Industrial-2. County records (based on 1974 aerial photographs) show that the Wake County Zoning staff determined that the subject tract, which contains salvaged vehicles, has been a legal nonconforming use prior to the initial zoning of the area in 1976. The adjacent Industrial-2 tract, which consists of a salvage business, began operation around 1968. The Industrial-2 tract was rezoned from Residential-30 in 1982. The subject tract was excluded from that rezoning. The East Raleigh/Knightdale Area Land Use Plan designates this area for residential use. Therefore, the proposed rezoning is not consistent with the Land Use Plan. The subject tract is located in an area that was not considered as an activity center, which could accommodate nonresidential uses, when the East Raleigh/Knightdale Area Land Use Plan was developed a year ago. The applicant is proposing that a buffer yard with a minimum width of 100 feet, be located off-site on adjacent property to the east, south, west and northwestern borders. Section 1-1-29 of the Wake County Zoning Ordinance requires transitional bufferyards and screens to be on-site.
Mr. Yeargan invited the petitioner, and anyone else in the audience, to present comments. Mr. David H. Pemar, Hatch, Little & Bunn L.L.P., representing the applicant, stated that this tract was initially zoned incorrect in 1976. In 1982, the Tilton's filed for rezoning of the front 9 acres and it was approved. In 1986, citations from the Wake County Zoning Office were received stating that the tract was not a legal use on the back 20 acres. Mr. Pemar distributed 2 aerial maps and referenced a letter from the Wake County Zoning Office dated January 21, 1992, which stated that "Research of County records have shown that the business has for twenty years exceeded the bounds of the I-2 zoned nine acre tract along its southern property line." He stated that the applicant is not seeing to expand or change the current boundaries of the 9-acre tract or the 20-acre tract. The applicant wants to create boundaries around the nonconforming use acreage. The applicant plans to initiate a recombination after approval of the rezoning request. Mr. Pemar referred to and read part of the Wake County Zoning Ordinance, Section 1-1-24, Nonconformities, Subsection A, Intent. "
It is the intent of this Section to recognize that the eventual elimination of existing development that is not in conformity with the provisions of this Ordinance is as important to preserving the integrity of this Ordinance, and to achieving its purpose of promoting the public health, safety, and general welfare, as is the prevention of new development that would violate the provisions of this Ordinance. It is also the intent of this Section that the elimination of nonconforming development be effected so as to afford the owner of nonconforming development a reasonable opportunity to recoup his prior investment in the nonconformity and to make it conforming."
Mr. Lemar Bunn, Lemar Bunn Landscaping, referring to the 1988 aerial photograph, gave an overview of the area. He stated that he contacted the Wake County Attorney's Office stating that in his research of the Wake County Zoning Ordinance, he did not see a regulation requiring that the buffer be on-site and inquired about meeting the intent of the ordinance by providing a buffer on the adjacent property. Mr. Bunn stated that the representative of the Wake County Attorney's Office concurred that the buffer could be placed on adjacent property and that there was nothing in the Wake County Zoning Ordinance that prohibited the placement of the buffer on adjacent property. He stated that the reason for the buffer being placed on the adjacent property is to stop the Industrial-2 zoning at least 100 feet from the property line resulting in a contiguous Residential-30 zoning all the way around the property.
Mr. Yeargan invited Board members for discussion, conclusion and recommendation. After discussion by Board members relative to keeping riparian buffers in Residential-30 zoned property, pollution of ground water below the salvage yard, clarification of applicant intent, contamination, nonconformance for over 20 years, and buffer location, Mr. Norwalk made a motion that ZP-801-01 be postponed until the May 16, 2001 Planning Board meeting to allow staff to explore the environmental issues, any notices of violation associated with the property, water quality, air quality and interpretation of code and present a report to the Board. Seconded by Ms. Rush, the motion carried by a vote of 10-0.
4. Other Substantive Matters:
a. Land Use & Growth Policy Group:
Mr. David Cooke, Wake County Manager, presented an overview of the Board of Commissioners' policy groups. There are five policy groups: Growth/Land Use, Environmental Stewardship, Human Services, Public Safety/Criminal Justice, and Fiscal/Internal Operations. Mr. Cooke stated that the issues Wake County deals with are not necessarily unique to one agency. One of the reasons of the policy groups is to bring together individuals of varying backgrounds and varying levels of knowledge and skill to open discussion to make better decisions. The intent is to create action-oriented, outcome-driven groups that will seriously test previous assumptions, thoroughly analyze issues using data, brainstorm options for recommendations, and identify, discuss and debate differences of opinion to arrive at policy or procedural recommendations.
b. Planning Director Search Update:
Mr. Cooke introduced Mr. Joe Durham, Wake County Deputy County Manager. Joining Wake County on April 2, 2001, Mr. Durham was the former County Manager of Edgecombe County. Prior to being the County Manager, Mr. Durham was Planning and Development Director for Rocky Mount, and has worked with the State of North Carolina and the Wooten Company. Mr. Durham will assist Mr. Cooke in the process to fill the position of the Wake County Planning Director
Mr. Durham referred to the document, "Process For Hiring The Planning Director." He stated that there are nine steps in the process: creation of performance expectations, pre-identification of possible candidates, identification of places to advertise, review of the current job description, review of other organization's job requirements, identification of accomplishments, identification of traits, identification of skills, creation of requirements for the position, approval of requirements for the position by the Wake County Manager, advertisement of the position, first screening of applicants, review of applicants that passed first screening, interviews with finalists, and making an offer and negotiating with top candidate(s). The timeframe from start to finish is to have a Planning Director on staff by the end of August.
5. Rezonings -
b. ZP-802-01: R-30 to H; Ponderosa Service Road:
Request to rezone 6.25 acres from Residential-30 to Highway District, located on the west side of Capital Boulevard adjacent to the west side of Ponderosa Service Road.
Mr. Morgan presented the staff report that recommends that the Planning Board conclude that the request conforms with the Land Use Plan and advances public health, safety, and general welfare, and recommend that the Board of Commissioners approve the request. The Wakefield Small Area Plan within the City of Raleigh's Comprehensive Plan designates this area as an Employment Area. The property is located in the City of Raleigh's Short-Range Urban Services Area. The City of Raleigh supports the rezoning request.
Mr. Yeargan invited the petitioner, and anyone else in the audience, to present comments. Mr. Joel Keith, petitioner, stated that he owns the four parcels of land adjoining this parcel. All four of the parcels are already zoned Highway District. The rezoning of this parcel will allow it to be in harmony with surrounding parcels and bring it into conformance with the Wake County Land Use Plan.
Mr. Yeargan invited Board members for discussion, conclusion and recommendation. Mr. Williams made a motion that the Planning Board conclude that the request conforms with the Land Use Plan and advances public health, safety, and general welfare, and recommend that the Board of Commissioners approve the request. Seconded by Ms. Rush, the motion carried by a vote of 10-0. The rezoning request will go before the Board of Commissioners at its June 4, 2001 meeting.
c. ZP-803-01: R-30 to H; North of Hilltop Needmore Road:
Request to rezone 0.12 acres from Residential-30 to Residential-20, located on the north side of Hilltop Needmore Road on the north side of Shady Greens Drive. The site is at the end of Crooked Bluff Lane.
Mr. Morgan presented the staff report that recommends that the Planning Board conclude that the request conforms with the Land Use Plan and advances public health, safety, and general welfare, and recommend that the Board of Commissioners approve the request. The site is to be served by a centralized sewer system, which serves the adjacent subdivision. The Town of Fuquay-Varina does not oppose the request and the request would be in accordance with the Town's Plan for low density residential at this location. The property is located within the Town of Fuquay-Varina's Short-Range Urban Services Area.
Mr. Yeargan invited the petitioner, and anyone else in the audience, to present comments. Mr. Chuck Smith, representative of the owners and developers, gave an overview of the request and the area.
Mr. Yeargan invited Board members for discussion, conclusion and recommendation. Ms. Rush made a motion that the Planning Board conclude that the request conforms with the Land Use Plan and advances public health, safety, and general welfare, and recommend that the Board of Commissioners approve the request. Seconded by Mr. Norwalk, the motion carried by a vote of 10-0. The rezoning request will go before the Board of Commissioners at its June 4, 2001 meeting.
d. ZP-804-01: Kildaire Farm Road:
Request to rezone 0.97 acres from Residential-30 to Conditional Use-General Business District, located on the southeast corner of the intersection of Kildaire Farm Road and Ten Ten Road.
Mr. Morgan presented the staff report that recommends that the Planning Board conclude that the request does not conform with the Land Use Plan and does not advance the public health, safety, and general welfare, and that it recommend that the Board of Commissioners deny the request. The property is occupied by a residence. The Town of Cary has identified this intersection as a Neighborhood Activity Center on Cary's Land Use Plan, which encourages commercial, office, institutional and recreational uses that would be needed on a daily or weekly basis by the surrounding residential neighborhoods. The Planning Director for the Town of Cary stated that, based on the Town's guidelines for allowable nonresidential development within a Neighborhood Activity Center, Cary's Land Use Plan would not support additional commercial development at the Kildaire Farm Road and Ten Ten Road intersection. Cary's Land Use Plan would support additional residential development on the southeast quadrant, location of the site. Wake County's Land Use Plan Classifications Map designates the intersection of Kildaire Farm Road and Ten Ten Road as an Urban Neighborhood Activity Center. Based on the guidelines for allowable nonresidential development within the Neighborhood Activity Center, the Cary Growth Management Plan would not support additional commercial development at this location, thus the proposal is not consistent with the Plan.
Mr. Yeargan invited the petitioner, then anyone else in the audience, to present comments. Mr. Jack Smyre, representative for the petitioner, requested that the Planning Board delay action to allow the petitioner the opportunity to revise the petition to address concerns raised at the meeting. Ms. Rush made a motion that the Planning Board grant the request. Seconded by Ms. Lavender, the motion carried by a vote of 10-0.
6. Preliminary Subdivision Plans (including associated variances) -
a. [S-11-01] Hardship Variance and Preliminary Subdivision Plan for Jeanieland:
Request for hardship variance from the Subdivision Regulation's requirement that through roads shall be public roads and proposal to subdivide a 10.5-acre parcel, zoned R-30, situated on the west side of Rolesville Road, off of B J Lane, between Riley Hill Road and Watkins Road, in the eastern part of the County, into 8 lots. PIN 2766.01-37-4239 - recommended for approval with the following conditions:
1. Approval of a variance to allow a through road to be private; and
2. The owner will grant a private access easement to the property owner to the west and his heirs and assigns, prior to or in conjunction with final plat approval.
I. Variance Request
Ms. Patrie presented the staff report
that requests a hardship variance from the Subdivision Regulation's requirement that through roads shall be public roads, to allow a regular subdivision of 10.02 acres into 8 lots. The hardship variance is sought on the basis of the fact that strict application of the requirement of a through road to be public will prohibit this division and will prevent the landlocked property to the west from access. This would create an interconnecting private road network.
Mr. Yeargan invited the applicant, and anyone else in the audience, to present testimony and presentation of evidence as to the hardship. There were none.
Mr. Yeargan invited Board members for discussion, conclusion and recommendation. Ms. Hammond made a motion that the Planning Board deny the variance request as no substantial evidence was presented and the applicant was not present to answer questions. Seconded by Ms. Rush, the motion carried by a vote of 7-3. Mr. Ashworth, Dr. Pearson, and Mr. Williams voted against denial.
II. Proposed Preliminary Subdivision Plan
Ms. Patrie presented the staff report recommending approval subject to the following conditions:
1. Approval of a variance to allow a through road to be private; and
2. The owner will grant a private access easement to the property owner to the west and his heirs and assigns, prior to or in conjunction with final plat approval.
Mr. Yeargan invited the applicant, then anyone else in the audience, for comments. There were none.
Mr. Yeargan invited Board members for discussion, conclusions and action. Ms. Lavender asked for clarification on Board action on the preliminary plan since one of the conditions is approval of the variance. Since the variance was denied, the Board will have to hear the preliminary plan a second time since approval of the variance is a condition of the preliminary plan. Mr. Longhini stated that the Board could retract its prior motion on the variance and table the variance and preliminary plan until the applicant could be present but only if the Board member making the motion and the Board member seconding the motion both agreed. Ms. Hammond made the motion that the Planning Board deny the variance and stated she would be willing to retract her motion. Ms. Rush seconded the motion made by Ms. Hammond but was not willing to retract. Thus, the motion stands.
Ms. Hammond made a motion to approve that the Planning Board approve [S-11-01] Preliminary Subdivision Plan for Jeanieland (now Mont Claire Ridge) subject to the following conditions: (1) approval of a variance to allow a through road to be private; and (2) the owner will grant a private access easement to the property owner to the west and his heirs and assigns, prior to or in conjunction with final plat approval. The motion was seconded by Dr. Pearson. After further discussion on procedure, Ms. Hammond withdrew her motion. Ms. Rush made a motion that the Planning Board deny [S-11-01] Preliminary Subdivision Plan for Jeanieland (now Mont Claire Ridge). Seconded by Ms. Hammond, the motion to deny carried by a vote of 6-4. Mr. Ashworth, Ms. Lavender, Dr. Pearson, and Mr. Williams voted against denial.
7. Minor Subdivision Hardship Variance Request -
a. Marty Adams Maximum Cul-de-sac Length Variance Request:
Request for a hardship variance from the Subdivision Regulation's 900-foot maximum cul-de-sac length requirement to allow a minor subdivision with a 1.855-acre tract being divided out of a 62-acre tract.
Ms. Patrie presented the staff report requesting a hardship variance from the Subdivision Regulation's 900-foot maximum length requirement to allow a minor subdivision with a 1.855-acre tract being divided out of a 62-acre tract. The hardship variance is sought on the basis of the fact that strict application of the 900-foot maximum cul-de-sac length standard would prohibit this subdivision. Ms. Rush inquired about the total distance of the cul-de-sac. Total distance of the cul-de-sac is approximately 2000 feet.
Mr. Yeargan invited the applicant, then anyone else in the audience, for comments. Mr. Gil Clark, surveyor for the applicant, stated that the applicant is requesting the hardship because the mortgage company that will carry his home mortgage requires that the site for the home be deeded separate from the entire acreage. The 62-acre tract is a farm that the applicant currently owns and farms.
Mr. Yeargan invited Board members for discussion, conclusion and action. Mr. Ashworth made a motion that the Planning Board approve the hardship request based on topography presented from various points of access which are limited. Seconded by Mr. Williams, the motion carried by a vote of 10-0.
b. A.F. Holden Maximum Cul-de-sac Length Variance Request and request to not improve Q & A Drive from site to SR 2300:
Request for a hardship variance from the Subdivision Regulation's 900-foot maximum length cul-de-sac requirement to allow a minor subdivision of a 6.11-acre tract into 3 lots.
Ms. Patrie presented the staff report requesting a hardship variance from the Subdivision Regulation's 900-foot maximum length requirement to allow a minor subdivision of a 6.11-net acre tract into 3 lots. The hardship variance is sought on the basis of the fact that strict application of the 900-foot maximum cul-de-sac length standard and constructing the road along O&A Drive all the way out to Edgemont Road (SR2300) would prohibit this subdivision. The applicant does not specifically address the hardship related to why they are seeking a variance from construction of a road where there is legal access. Staff met with the surveyor that stated that the property owners cannot show they have access rights to Freeman Drive, which currently connects the portion of O&A Drive that is driven on to Riley Hill Road. The Subdivision Ordinance would instruct that any extension of a road off of an existing road or easement would require that the new extension be built to private road standards and be improved from the extension out to the state maintained road.
Mr. Yeargan invited the applicant, and anyone else in the audience, for comments. Mr. Dan Joyner, representative for the applicant, Ms. Lois Hodge and Mr. Jimmie Holden, stated that there is a recorded map showing a 60-foot easement, now O&A Drive, off of Edgemont Road, which is approximately 1100-feet from the applicant's property. For some reason, the map was not recorded in the map book but was recorded in the deed book. Mr. Joyner presented the history of all of the roads involved and the subdivision of the property in the area. The Board members inquired about the subdivision of the land, construction of a private road versus a driveway, and road maintenance agreements. Mr. Joyner stated that the current owners of these roads are not willing to give access to the applicant.
Mr. Yeargan invited Board members for discussion, conclusion and action. Mr. Norwalk made a motion that the Planning Board table the hardship request until staff can consult with the Planning Attorney for clarification on usable access roads, allow the applicant to provide additional information regarding proof of legal access across Freeman Drive and an independent legal determination of legal access. Seconded by Ms. Rush, the motion carried by a vote of 10-0.
8. Approval of the Minutes
for April 18, 2001 meeting.
- Mr. Yeargan asked if there were any corrections or additions to the minutes. There were none. With no corrections or additions to the minutes, by unanimous consent, Mr. Yeargan declared the minutes approved as submitted.
9. Appointment of Planning Board Committee Members:
Mr. Yeargan appointed Board members to the various Board committees. Members will serve a one-year term beginning May 2, 2001 until the first Board meeting in May 2002. Ms. Hammond will serve as the Planning Board representative at the Growth Management Task Force, with Mr. Norwalk as alternate. Appointments to committees are as follows:
a. Subdivision Committee
Ed Ashworth, Chair
Phyllis Rush, Vice-Chair
Mason Williams
Dwight Pearson
Kimberly Siran
b. Code and Operations Committee
Stan Norwalk, Chair
Phil Hinton, Vice-Chair
Phyllis Rush
Dwight Pearson
Kimberly Siran
c. Land Use Committee
Denese Lavender, Chair
Mason Williams, Vice-Chair
Ed Ashworth
Stan Norwalk
Robin Hammond
Mr. Yeargan inquired about the summaries and/or minutes for committee meetings, if there was staff available to take minutes at the meetings, and if the minutes were necessary. Ms. Patrie stated that the Subdivision Committee uses a pre-formatted form to record the action(s) of the Subdivision Committee and to record the names of those present at the meetings. Mr. Yeargan requested that the Secretary to the Board develop a like form for use in the Code and Operations Committee and the Land Use Committee.
Ms. Hammond gave a report on the Growth Management Task Force meeting held on April 19, 2001. The topic of discussion was Transportation. Ms. Hammond stated that Ms. Janet d'Ignazio, NCDOT, gave a presentation on transportation and the process for road construction.
10. Reports -
Mr. Yeargan asked if there were any reports.
a. Interim Planning Director's Report
- Mr. Longhini referenced a document distributed to Board members regarding a Case Statement for a Center of the Region Planning & Design Workshop. The center of the region, from Raleigh-Durham Airport on the east to the Research Triangle Park on the west, has six local governments that exercise land use authority and plan for infrastructure: Durham County, Durham City, Wake County, Raleigh, Cary and Morrisville. In addition, state and regional organizations, such as NCDOT, RDU, the Research Triangle Park, the two transportation Metropolitan Planning Organizations and the Triangle Transit Authority have and/or are planning significant infrastructure investments in the area. Most of these planning and design efforts focus on transportation infrastructure, but several have highlighted the need for better land use planning, especially in the center of the region near the Research Triangle Park. A planning and design workshop that answers calls for more integrated land use and transportation planning in the center of the region is planned. Local governments have been asked to contribute to funding, recruit private sector partners, assign staff to participate in the project, provide land and infrastructure data and information on relevant local plans and projects, and serve as liaison to citizens and land development interests within their jurisdiction.
Mr. Yeargan stated that he saw a presentation by Mr. Dave Powell, representative for Raleigh-Durham Airport, at the Economic Development Commission meeting. He asked Board members if they would like to have the presentation. All members agreed. Mr. Yeargan asked Mr. Longhini to contact Mr. Powell to schedule a date for the presentation.
Mr. Longhini reminded Board members of an audio conference on "Regulating Religious Land Use: Impacts and Implications of New Federal Legislation" being conducted on Wednesday, May 9, from 4:00-5:00 p.m., Room 305, Raleigh Municipal Building.
Mr. Longhini reminded Board members that the NC American Planning Association Conference will be held in Charlotte from May 16-18, and the registration deadline is May 4. He urged Board members to contact the Secretary to the Board to secure registration. To date, Mr. Hinton is the only member registered.
b. Land Development Administrator's Report
- Ms. Clark stated that a response has been sent to Mrs. Kennedy regarding her question of an easement.
c. Committee Reports -
There were no committee reports at this time.
1. Subdivision Committee
2. Code and Operations Committee
3. Land Use Committee
d. Chair -
Mr. Yeargan had nothing to report at this time.
11. Adjournment -
Mr. Yeargan asked if there was any other business to come before the Board. With no other business to come before the Board, Mr. Yeargan declared the meeting adjourned at 6:30 p.m.
Respectfully Submitted:
Becky Smith
Secretary to the Board
05/10/01