05 MAY 2019 PN MINUTES - APPROVED
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Minutes of the
New Hanover County Planning Board
May 2, 2019
The New Hanover County Planning Board held a regular meeting on Thursday, May 2, 2019 at
6:00 p.m. in the André Mallette Training Facility of the New Hanover County Government Center,
230 Government Center Drive, Wilmington, NC to hold a public hearing.
Planning Board Present: Staff Present:
Jordy Rawl, Chairman Wayne Clark, Planning & Land Use Director
Donna Girardot, Vice-Chairwoman Ken Vafier, Current Planning & Zoning
Paul Boney Supervisor
Ernest Olds Rebekah Roth, Senior Long Range Planner
Jeffrey Petroff Brad Schuler, Senior Current Planner
Edward “Ted” Shipley, III Sharon Huffman, Deputy County Attorney
Absent:
Allen Pope
Chairman Jordy Rawl opened the meeting and welcomed the audience to the public hearing.
Current Planning & Zoning Supervisor Ken Vafier led the reciting of the Pledge of Allegiance.
Presentation of The Order of the Long Leaf Pine Award to Samuel Adamsson Burgess, III
Mr. Greg Stier stated the Order of the Long Leaf Pine Award is the highest award bestowed by
the State of North Carolina on one of its citizens. To earn this award, a recipient would lead an
exemplary life, excel in his/her chosen profession through a lifetime of work, and help the citizens
of North Carolina to a degree and at a level that deserves special recognition. Past recipients of
this award include William Friday, Andy Griffith, Dale Earnhardt, Billy Graham, Dean Smith, and
Wilmington’s own Hugh Morton, Doug Clevinger, and Michael Jordan.
Mr. Stier provided an overview of Mr. Burgess’ 34-year career in public service with the New
Hanover County Department of Planning & Land Use and his contributions related to community
service activities, which are included in the agenda packet. Mr. Stier then presented the Order of
the Long Leaf Pine Award to Samuel A. Burgess, III, who retired after 34 years of service to New
Hanover County.
Mr. Burgess gave a brief acceptance speech, citing the importance of public and community
service and thanking his family for their support.
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Chairman Rawl thanked Mr. Burgess for his many years of service to the citizens of New Hanover
County, and stated, based on his personal experience with him, he didn’t know many people
more deserving of the honor bestowed upon him.
Chairman Jordy Rawl reviewed the procedures for the public hearing.
Board Member Jeffrey Petroff notified the chairman of a conflict of interest regarding Rezoning
Request Z19-06 and requested a recusal due to his firm’s involvement in the project.
Chairman Rawl entertained a motion on Mr. Petroff’s recusal request.
MOTION: Vice-Chairwoman Girardot MOVED, SECONDED by Board Member Ted Shipley to
approve Board Member Jeffrey Petroff’s request to be recused from Rezoning Request (Z19-06).
The Planning Board voted 4-0 to recuse Board Member Jeffrey Petroff from Rezoning Request
(Z19-06).
Item 1: Rezoning Request (Z19-06) – Request by Coastal Land Design, on behalf of the property
owner, Preservation Point Partners, LLC, to rezone approximately 30.23 acres of land located
in the 1500-1600 block of Castle Hayne Road, from I-2, Heavy Industrial District, to R-15,
Residential District, and B-2, Highway Business District.
Senior Planner Brad Schuler provided information pertaining to location, land classification,
access, level of service and zoning; showed maps, aerials, and photographs of the property and
the surrounding area. Senior Planner Schuler presented the staff report.
Senior Planner Schuler stated this is an application for a zoning map amendment or straight
rezoning; therefore, there is no site plan and no conditions of approval can be attached to the
proposal. A zoning map of the area shows the subject property, which is currently zoned I-2,
Heavy Industrial zoning district. The property is located on the west side of Castle Hayne Road
near the Cape Fear River and just north of the Martin Luther King Parkway, in an area that
generally transitions from Industrial zoning, mostly south of the property, to residential zoning
north of the property. The owner of the subject property also owns a 192‑acre parcel west of the
subject site.
Senior Planner Schuler reported that over the last few years the property has obtained some
preliminary approvals to construct a 98-lot residential development, currently called
Preservation Point. A conditional use district and a special use permit were approved in 2017 to
allow the development of a community boating facility and recreational amenities. The
community boating facility would be a private facility with each boat slip reserved for the
homeowners within the proposed subdivision. Per the applicant, the subject property is intended
to be incorporated into the Preservation Point development, which would include a new
entrance to the subdivision from Castle Hayne Road. Currently, the only access is from
Brentwood Road. The western 23 acres of the site is proposed to be rezoned to R‑15, which
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would permit just under sixty lots under the county’s performance residential standards at a
maximum density of 2.5 dwelling units per acre. The portion of the property fronting Castle
Hayne Road consisting of about 7 acres is proposed to be rezoned to B‑2, Highway Business
zoning district, which allows for many commercial‑related uses, including retail establishments,
restaurants and offices, and also permits Heavy Commercial and Light Industrial uses and
Institutional and Recreational uses as well, as summarized in the PowerPoint slide.
Mr. Schuler reported that the property owner recently obtained an approved scope for a traffic
impact analysis from the Wilmington Metropolitan Planning Organization. Per the approved
scope, the full build of the site would consist of 139 single‑family dwellings, which include the 98
lots previously approved and about 13,000 square feet of shopping center and restaurant‑related
land uses. While TIAs are not required for a general map amendment and are typically completed
when a specific development is proposed, it shows the general intent of the development
proposed for the site by the applicant. Three projects in the area are included in the state
transportation improvement program and are planned within the next decade. Those projects
would widen Castle Hayne Road and 23rd Street and install a roundabout at the intersection of
those two streets. The first project is expected to begin in 2023 with the widening of Castle Hayne
Road.
Planner Schuler reported that the 2016 Comprehensive Plan classifies the subject site as
Employment Center and Conservation. Employment Center areas serve as employment and
production hubs where office and light industrial uses are encouraged. In addition, this place type
can include residential, civic and recreational uses. The Conservation place type is intended to
protect the natural environment, water quality and wildlife habitats, and in these areas intense
development would be discouraged. Overall, the proposed rezoning is generally consistent with
the mixture of uses proposed or encouraged for the Employment Center place type, and in
addition, it limits residential densities near the conservation areas. Planner Schuler concluded
the presentation.
Hearing no questions from board members, Chairman Rawl opened the public hearing and
recognized the applicant.
Frank Braxton of Coastal Land Design stated he represented the property owners, Preservation
Point Partnership. This is a request for a rezoning from Industrial to a Residential and B-2,
Business development. They understand the need for industrial zoning, but in looking at this site,
the separation from the major part of industrial zoning in the area by wetlands creates a little
pocket that may be better served as a transitional area to the existing residential zoning. This
also is an example of the development of an underused or underutilized type of property that
has been sitting somewhat idle since 2007, when it changed hands. The property was a set of
greenhouses for one of the local agricultural businesses and was then bought for an industrial
site that never happened. The property is in an area that’s been somewhat static regarding
development because of people’s inability to see the potential due to the abundance of wetlands
there.
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Mr. Braxton stated the property is owned by the developers of the Preservation Point
development and is intended to be included in that development, making it a much better
product. While not required for a straight rezoning, the applicant took the initiative to hold a
neighborhood meeting to inform area residents about their plans for the site; however, no one
attended the meeting so they felt they could move forward with the rezoning request. A few
phone calls were received to discuss the proposal and most of the callers offered encouragement
and hope that the proposed project would work.
Mr. Braxton stated the history of the property shows that in 2007, Coastal Land Design prepared
the first plan for a development called San Souci, which was approved, but the downturn in the
real estate market put a hold on it. In 2017, the pulse came back, and we re‑evaluated the upland
development and got re-approval for it under a different name. That project also received a
special use permit and rezoning for Riverside, which was a large section. It has an 8‑acre island
that's developable; it has high ground and would be suitable for a septic system, which is a rarity
in this area. They used that to have a community boating facility. The island and the boating
facility are part of the amenity package for the residents that will buy there. There is also a
boardwalk they hope to make ten feet wide, if allowed by CAMA, to provide golf cart access from
the mainland to the island. The rezoning provides a much better entrance into the property from
Castle Hayne Road, even though it adds a few more lots. The original entrance was located up to
the north and came in off Brentwood Road, a small neighborhood road. Mr. Braxton stated the
amount of traffic that would have been generated on Brentwood Road, both during and after
construction, would have had a severe impact on it. The applicant team feels this is a good option
to use underutilized property and allow them to extend sewer from the property to tie in at
Division Drive, which may spur more development in the area. The commercial part of the plan
is needed to not only satisfy the comprehensive plan, but to also provide options for places to
eat in the area. Since the Big Dog Restaurant ended several years ago, there are very few places
to eat in the area. People working in the area must travel downtown or out to Market Street to
get prepared food. This may be a chance to have another bar and grill there, or a coffee shop,
etc. so they would like to keep that door open for the uses that could happen in the area.
Currently, the only retail there is a convenience store located two blocks away. Mr. Braxton
stated he hoped the planning board would look favorably on the proposal, and they looked
forward to continuing the development.
Chairman Rawl asked if board members had any questions for the applicant.
In response to Board Member Ernest Olds’ inquiry, Frank Braxton clarified that south of the
existing commercial zoning, there is nothing currently in the existing I-2 zoning. He noted the
area is all wetlands so nothing can be developed south of it.
Board Member Olds expressed concern that the I-2 may become more developed and impinge
upon the residential property. The buffer with the wetlands is good. He wondered if the
waterway that goes through there and the other features might impact and restrict the I-2
development as it approaches. He inquired how close the I-2 might come to the residential
development.
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Frank Braxton estimated the I-2 might come within 1,000 feet of the residential development. A
power line runs across the property, which was previously part of the Corbett tract, and there
are very little uplands on the next two tracts. In response to Mr. Olds’ inquiry, he stated the
existing small I-2 strip north of the property contains a mix of uses, including an office, a
distributorship, and outdoor storage with a building. He said the applicant would buffer anything
objectionable with a fence, etc.
Board Member Olds said he thinks the proposal is a great concept and expressed appreciation
that the applicant had provided a plan, noting it really helps illustrate the scale of the land
available and how it affects and connects with what's already been proposed.
Vice-Chairwoman Girardot commented that she would assume there is interconnectivity
between the new parcel and the existing parcel since this will be a continuation of Preservation
Point, noting the wetlands that intersect.
Mr. Braxton confirmed they would be crossing those wetlands. He stated as part of their
permitting process, they have made every effort to keep any impact on those wetlands at less
than half an acre. He added they will be tying that road to their road on Preservation Point, and
the road that once served as their entrance will become a gated emergency access, so that if
there were a problem on a road leading in either from the other properties or the new
development, they would be able to get through. He stated there would be interconnectivity.
Vice-Chairwoman Girardot asked the applicant to clarify the statement in the agenda package
that reads, “The property would provide a primary access to the adjacent development and
reduce the impacts on an existing neighborhood street.”
Frank Braxton explained the old entrance into their subdivision fed all 98 lots into an existing
ribbon-type subdivision street, with an approximately 18-feet wide asphalt ribbon and ditches
on each site, which is a public street, and then coming through neighborhoods established for
many years. He stated the new entrance seems to be a better solution because it will bring traffic
to more improved roads and will not impact the existing development.
Mr. Jim Strickland, a forty-plus year resident of 200 Palmetto Road, located at the end of
Brentwood Road, stated he has been happy with a couple of hundred acres there in his side yard.
When Preservation Point was approved, he didn’t think it was a good idea that the traffic would
come down Brentwood Road, but he didn’t have any opposition to it. Mr. Strickland stated
support for the new plan that proposes to have the entrance off Castle Hayne Road with an
emergency access off Brentwood Road, noting it would be much better for their neighborhood.
Joe Semon of 1627 Castle Hayne Road spoke in support of the project, noting he also owns seven
acres of land off Brentwood Road, just north of the development. He expressed concerns about
sewer and water, noting they had waited a long time for water to come in Castle Hayne Road and
have it now. His property has a septic system, but it doesn’t work as well as it should. He inquired
where the water and sewer utilities would be brought in to serve the project, given the developer
is changing the main entrance to the development to Castle Hayne Road, bypassing the existing
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neighborhood, which is looking forward to those improvements coming down Brentwood Road.
His other concern is the difficulty of making a left-hand turn into the new entrance from Castle
Hayne Road due to traffic flow from the right. Traffic turns at the light and travels straight up to
Martin Luther King Parkway where they make a right or go down Castle Hayne Road to the old
road where it dead ends at the water plant. He felt the board should consider those things. Mr.
Semon reiterated their desire to have water and sewer service down Brentwood Road and stated
they don’t want to impede development, which brings tax dollars to the area, but they would
also like to have some benefit as residents from this proposed development.
No one from the public spoke in opposition to the rezoning request.
Chairman Rawl asked Mr. Braxton to address the questions posed by the adjacent and nearby
property owners regarding the design of the sewer and water connections for the development.
Mr. Braxton explained that the development would require the installation of a pump station,
which would be basin sensitive, so they are working with the Cape Fear Public Utility Authority
on it. The project’s water and sewer lines would go down the new road; however, the systems
haven’t been designed yet so they don’t know how they will feed from one to the other. The
project is still in the process. They will follow the guidelines of the Cape Fear Public Utility
Authority.
Chairman Rawl stated understanding that the final design would be dependent on the CFPUA
requirements and the grade of the property.
Board Member Boney inquired if the last speaker would be able to tie on in some way to the
utilities. He suggested Mr. Braxton be aware of that issue and talk to the residents about it, noting
it would be great if there was a possible way for him to tie in.
Mr. Braxton stated the pump station would be deep, which would be an indication that there is
gravity access to it. He confirmed they would be conscious of the request.
Vice-Chairwoman Girardot stated she would assume that NCDOT would also address the left turn
issue on Castle Hayne Road.
Mr. Braxton explained they had already gone through the traffic impact analysis (TIA), and NCDOT
has decided what the scope will be. Their initial response regarding that entrance is that it just
needs additional striping. He stated that part of a turn lane was installed earlier when they were
going to move forward, so it would be just a matter of cleaning it up.
All persons being given the opportunity to speak, Chairman Rawl closed the public hearing and
opened the planning board discussion period.
Chairman Rawl commented regarding the issue of sewer in the vicinity, given this will be a larger
project and require a lift station, it certainly opens the potential for neighboring and future
residents to have the ability to tie in. He didn’t know if was necessarily incumbent upon the
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applicant to furnish stubs or bring sewer down a particular area, and they ultimately don’t have
the final say in how or where they need to bring sewer into the community. The fact that they
are bringing in a lift station that could serve future residents and serve as a basin for neighboring
properties after construction is a positive. The applicant has done a nice job. He thinks the project
is well suited for the area. He commended the applicant on factoring in some light commercial
on the frontage of the property to fill a void for a restaurant or professional offices. He also
thanked the applicants for their transparency and for helping to illuminate their intentions for
the project.
Vice-Chairwoman Girardot agreed the proposal is a good project and commented that the B-2
zoning is a much better use of that land than the I-1.
Hearing no further comments or questions from board members, Chairman Rawl entertained a
motion from the planning board.
MOTION: Board Member Ted Shipley MOVED, SECONDED by Board Member Ernest Olds, to
recommend approval, as the Board finds that this request for a zoning map amendment of
approximately 30.32 acres to the R-15 and B-2 districts, as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the B-
2 and R-15 zoning districts allow for the types of uses recommended by the
Comprehensive Plan for this area, while also limiting residential densities near
Conservation areas. In addition, the proposed rezoning will provide a suitable transition
between existing and planned residential neighborhoods to the north and west and the
heavy commercial and light industrial uses along Castle Hayne Road.
2. Reasonable and in the public interest because the proposal will provide a suitable
transition from existing and proposed residential neighborhoods, while still providing for
the wide spectrum of commercial and light industrial uses allowed in the B-2 zoning which
could offer more efficient access to basic goods and services for residents in the area.
The Planning Board voted unanimously (5-0) to recommend approval of Rezoning
Request (Z19-06). (Board Member Jeffrey Petroff was recused).
Other Items
Wilmington Metropolitan Planning Organization (WMPO) Transportation Planning Update
Senior Long Range Planner Rebekah Roth introduced Kathleen Moore, of the Wilmington
Metropolitan Planning Organization, to provide the planning board with an update on the
transportation projects funded and planned for the area.
Kathleen M. Moore, associate transportation planner with the Wilmington Metropolitan
Planning Organization, presented an update on transportation planning activities, including
upcoming roadway infrastructure projects, future projects being considered as part of the
WMPO’s long range planning process, and the development of transportation models that
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account for the land use recommendations of the county’s Comprehensive Plan. The intent of
the update was to provide the planning board with the most current information on the plans for
improving the county’s transportation network.
Ms. Moore provided an overview of the WMPO structure and responsibilities. She stated a
primary function of the WMPO is developing and maintaining a 20‑year metropolitan
transportation plan or MTP, which is updated at least every five years and is required to include
a list of prioritized projects likely to receive funding over the next 20 years. She included a list of
all the programs, processes and coordination activities managed by the WMPO in the
presentation.
Ms. Moore stated the current MTP, Cape Fear Transportation 2040, was adopted in 2015 by the
WMPO, and included 58 prioritized roadway projects on the final list for anticipated funding, as
well as a list of 37 projects in an appendix to consider should additional funding become available.
Across all six modes of travel, which are aviation, bicycle and pedestrian, ferry, freight rail, transit,
and roadway, the MTP included 323 prioritized projects for funding with an appendix containing
more than 1,000 additional projects.
Ms. Moore explained WMPO coordinates with the NC Department of Transportation to submit
projects for prioritization and programming in the ten‑year state transportation improvement
program for STIP, which is updated on a two‑year rolling cycle and can pick up new projects and
drop existing projects based on a data-driven scoring process. Funding in the STIP is broken into
two programs, highway and non‑highway and projects compete with three tiers, statewide,
regional and division. A project's type and scope determine its eligibility to compete for capital
funding within the programs and tiers. The currently adopted STIP includes eight roadway
projects within unincorporated New Hanover County. Two projects are south of the City of
Wilmington and six projects are to the north.
Ms. Moore reported an update to the MTP, Cape Fear Moving Forward 2045 is expected to be
complete for adoption in the fall of 2020. It's likely that only 50 to 60 of the hundreds of roadway
projects considered will be included on the final prioritized list of projects identified for available
funding in the next 25 years. Projects must be included in the MTP to be eligible for federal
funding, including grant and loan programs, and must be in the MTP at the time of construction
and reimbursement. The WMPO utilizes several planning tools for the MTP. Two main
components are safety data and traffic counts that provide evidence of current roadway
conditions. Safety and congestion are two major drivers for transportation investment across the
country.
Ms. Moore stated the MPO also conducts review of local planning documents, such as
comprehensive plans, small area plans, and corridor studies, to gain insight on future demand on
roadways. The NCDOT Transportation Planning Branch developed a travel demand model for the
region. The current model used 2015 base year validation and forecast demand for 2045 based
on a predictive growth rate for populations and employment. Local planning staff provided
guidance on the potential for growth within each area based on comprehensive plans and future
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land use maps. Socioeconomic data includes household and employment characteristics
obtained from historic data and projected based on regional trends and planning efforts. The
model works by aggregating the roadway trips likely to be generated based on known origins and
destinations within the region. The model is a tool for forecasting relative change over time based
on expert input and best available data to include observed system behavior and trends;
however, the demand model is not appropriate for use at a project scale as it is designed to
illustrate system level impacts on traffic volumes. Demand models are designed to demonstrate
impact that land development has on the transportation system. As the Metropolitan
Transportation Plan continues to be developed, the WMPO can utilize the model to further
prioritize projects based on potential future conditions. Over the next several months, potential
MTP projects will be reviewed and prioritized through a process driven by the citizens advisory
committee, that will involve the technical coordinating committee, and ultimately be reviewed
by the board, and approved as our new plan.
Ms. Moore stated over the next 25 years; the greater Wilmington region is predicted to continue
along a high growth trajectory. Projects being considered during this period are focused on
relieving congestion and increasing safety on the main routes within the transportation system.
Solutions may include improvements to infrastructure, new alternate routes, active mode
facilities and demand management programs. It will need to be designed to facilitate the
movement of more than 400,000 people and provide access to a growing number of destinations
for employment and recreation. She offered to answer questions.
Board Member Ernest Olds inquired about the timing of the projects in the northeastern corner
of the county.
Planner Moore explained those projects are purely prospective. They were brought up or
exist in the plan so the planning board may see them as existing in the comprehensive plan, future
streets plan, or other NCDOT CTP plans. A few projects were also brought in by public input. They
would need to be incorporated into the new MTP, which is scheduled for adoption in 2020. They
would not be eligible to go into 2024.
Board Member Olds commented it seemed that a lot of land in the northeastern corner of the
county will be unlocked once some of those roadways are completed, particularly those crossing
I-40 and the Hampstead bypass. He asked her to elaborate on that.
Planner Moore stated the Hampstead Bypass has started the right-of-way purchase. They will be
doing it in two phases, A and B, and are hoping to break ground on Phase A of the project in 2021.
In response to Vice-Chairwoman Girardot’s inquiry, Planner Moore stated regarding the south
county projects that full concepts are not available for those projects yet. Folks in the south
county area are seeking an alternative to traveling on Carolina Beach Road so the MPO is looking
for north/south options for those. They have received a lot of feedback that the intersections
along Middle Sound Loop Road and several other roads need to be looked at because they're
very dangerous for pedestrians and bicyclists. In response to Vice-Chairwoman Girardot’s inquiry,
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Planner Moore said the MPO would like to do a major roadway project in the Carolina Beach
Road area, but it is very developed and would require a lot of funding.
Noting Planner Moore had briefly touched on the dangerous nature of biking and pedestrian
travel in Wilmington, Chairman Rawl inquired if the MPO was taking a stance regarding
messaging to bicyclists and pedestrians. He commented regarding cycling routes, that traveling
down Market Street on a bicycle in heavy traffic at 5:30 p.m. didn’t seem to be a great idea due
to the potential for a serious accident or fatality. He noted the county has clearly exceeded the
amount of roadway traffic that its infrastructure can handle.
Planner Moore explained there is a bike-ped advisory committee that has taken a stance. They
believe that safe routes should be offered for all travel modes. Those facilities don’t have to be
on every single street, but we need to offer the opportunity for people to travel from one area
to another on a safe facility like the bike and pedestrian paths, as well as try to find compatible
roads for those facilities. For example, Market Street is very narrow, as you get towards
downtown, so if bike-ped routes are located one block off Market in either direction, that might
be the best option for that purpose. Planner Moore confirmed stated the MPO has developed a
bicycle suitability map that reflects how to traverse the city by bike and shows the safest paths.
Walk Wilmington also prepared an amazing plan a couple of years ago, and there is also the
Greenway Plan. Those plans and maps are available on the City of Wilmington’s website.
Senior Long Range Planner Rebekah Roth stated staff wanted to ensure the planning board was
aware that staff has been working with the MPO to identify some of the future projects they see
as important and are also considering the land use trends, etc. in the comprehensive plan. The
model Ms. Moore referred to is based on the projections seen in the comprehensive plan, plus
what seems to make sense over the next 20 years. Several staff members reviewed the data used
in creating that plan and fact checked the growth levels seen for each of these transportation
areas. She added, if the planning board has any questions about land use and transportation
compatibility, staff can work with the MPO to get those answers to the board.
Planning & Land Use Director Wayne Clark made the following brief announcements.
1. The June 6 Planning Board agenda may have as many as five agenda items, including
a multi-family component of the Whiskey Branch development. Because it will be a
conditional use district, with an associated special use permit, board members won’t
receive ex parte communication. The item has received a lot of interest.
2. Jackie Williams-Rowland, Planning Administrative Specialist, will retire on May 1,
2019, after 33 years of service to New Hanover County citizens.
With no further business, Chairman Rawl adjourned the meeting at 6:55 p.m.
Please Note: The above minutes are not a verbatim record of the meeting proceedings.