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HomeMy WebLinkAboutApril 20 2004 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES APRIL 20, 2004 The Iredell County Board of Commissioners met in Regular Session on Tuesday, April 20, 2004, 7:00 p.m., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Transportation Director Ben Garrison, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. PLEDGE OF ALLEGIANCE TO THE FLAG: The colors were provided by the Civil Air Patrol/North Carolina Honor Guard Wing from Burlington, NC, and the cadets led the Pledge of Allegiance. ADJUSTMENTS TO THE AGENDA: MOTION by Chairman Johnson to adjust the agenda by: Deletions: • Request for the Renewal of a Lease with the Iredell Arts Council for the Old Jail Building Located at South Meeting and Court Streets • Request from the Lake Norman Volunteer Fire Department for a Discussion Pertaining to a new Fire Station and a Voted -In Fire Tax District (see briefing minutes) Additions: • Closed Sessions Pursuant to G.S. 143-318.11(a) 6 (Personnel) and G.S. 143- 318.11 (a) 5 (Property Acquisition) VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition and Presentation of County Volunteer Appreciation Plaques: In observance of April being National Volunteer Appreciation Month, the following citizens were awarded plaques in recognition of their many years of service on county committees and boards. (The citizens have served over ten years.) •Ruth Waters for her service on the Nursing Home Advisory Committee •J.D. Chamberlain for his service on the Industrial Facilities & Pollution Control Financing Authority •Lois James for her service on the Industrial Facilities & Pollution Control Financing Authority *Steve Robinson for his service on the Industrial Facilities & Pollution Control Financing Authority *Dan Wallace for his service on the Industrial Facilities & Pollution Control Financing Authority Note: Mike Griffin and Lonnie Troutman were also recognized; however, due to other commitments, they were unable to attend. Their plaques will be distributed to them. Mr. Griffin was recognized for his Recreation Advisory Committee service, and Mr. Troutman was recognized for his years of service on the Industrial Facilities & Pollution Control Financing Authority. APPOINTMENTS BEFORE THE BOARD Civil Air Patrol (CAP) Representatives Share Information About Their New Chapter: David Shaping, representing the Iredell Composite Squadron in the North Carolina Wing of the United States Auxiliary Civil Air Patrol introduced Lt. Colonel Aaron Harper, Division Director for Civil Air Patrol in the North Carolina Crime Control and Public Safety Department, and Captain Benbow, with the North Carolina Wing Honor Guard, in Burlington, NC. Shaping said the objectives of his presentation were (1) to introduce the Civil Air Patrol and its mission and (2) to explain the benefits of supporting a unit in Iredell County. He said after World War II, Congress gave CAP a three -prong mission that included aerospace education, a youth cadet program, and emergency services. Shuping said that since September 11, 2001, there had been a resurgence of emphasis on homeland security duties. He showed a brief video that summarized what benefits CAP could offer Iredell County in homeland security, emergency services, and disaster relief. Mr. Shuping said education budget demands could be alleviated due to 30 educational products offered by CAP. He said all of the materials met the national standards. Shaping said CAP cooperated with federal, state and local law enforcement officials in narco-terrorism and counter -drug interdiction. Shuping said an airport hangar was needed, and he estimated the cost would be $80,000 to $100,000. He said a two-story steel -frame structure (60 x 60 or 3600 sq. ft.) could be used for CAP activities as well as for emergency management operations, rescue squads, law enforcement agencies, and others. Shaping said the Statesville Airport required hangars to be at least 3,600 sq. ft. He said the Air Force provided the wing with its squadron and aircraft, a fleet van, and funds for fuel, but this was the limit of assistance. Shuping said any support from the county for the hangar would be appreciated. Presentation from Transportation Director Ben Garrison Regarding County Government Week Activities: Garrison highlighted the events occurring for National County Government Week. He said a local proclamation had been adopted, a banner had been placed in front of the government center, an essay contest was being held, news articles had been written, and there had been Iredell County Area Transportation Services (ICATS) "park -outs" in shopping centers in both Statesville and Mooresville. He thanked the Transportation Authority Board Committee consisting of Anna Rice, Linda Bledsoe, Michele Pate, Kaye Bridges, and Amanda Wilson for their assistance in the activities. Garrison then submitted the following goals for ICATS. • Marketing • Increased Ridership • Identity of New Customers ♦ Allowance of One Year for Development & Growth Mr. Garrison also shared the following statistics for ICATS. Julv I — December 31, 2003 Total trips: 43,075 Miles: 329,974 Service Hours: 19,226 Hours of Operation: 5 a.m. — 9 p.m., Monday — Friday Fleet: 28 vehicles that travel, on average, 2,444 miles a day PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for WinCup Holdings: Economic Developer Melanie O'Connell Underwood said WinCup Holdings had purchased the former Polar Plastics facility in November of 2003. Mrs. Underwood said WinCup was "aggressively" pursuing an expansion in its manufacturing operations. Don Towne, the Director 2 of Thermoforming Operations for WinCup, along with Carol Parrott, the Controller, also attended the meeting. Towne said WinCup desired to invest $40 million in the county, over two years, and hire 102 employees. He said 52 employees had already been hired. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTTO by Commissioner Tice to approve an economic development incentive for WinCup Holdings in the amount of $139,200.00, over a six-year period, based upon a $40 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of the 2004-2005 North Carolina Department of Transportation's (DOT) Secondary Road Construction Program: Clay Lunsford (DOT District Engineer), Joe Lamb (DOT Division Maintenance Engineer), Mark Taylor (DOT Assistant District Engineer) and Patrick Norman (County Maintenance Engineer) were in attendance to present the 2004-05 Secondary Road Construction Program. Lunsford said the anticipated allocation for the program was $2,356,061.00, and this was from the highway fund ($1,623,257.00) and the trust fund ($732,804.00). Mr. Lunsford then described the following priorities. Rural Paving Priority Programmed Paving Goal: 7.73 miles Priority # SR # Length (Miles) Road Name/ Description Est. Cost 9F* SR 1831 1.11 Troy Mill Road from SR -1821 to SR -1813 $250,000.00 IOF* SR 2376 0.5 Dunwoody Road from SR -2375 to dead end $120,000.00 11 SR 1909 1.48 Yadkin Valley Road from NC -115 to SR— 1908 $340,000.00 12 SR 1872S 0.94 Grant Road from SR -2017 to SR -1898 $215,000.00 13 SR 2114 1.80 Reavis Road from SR -2115 to SR -2105 $400,000.00 Total Miles 5.83 (*F means frozen from the previous priority ratings) Rural Paving Alternates Subtotal $1, 325,000.00 Priority # SR # Length (Miles) Road Name/ Description Est. Cost 14 SR 1604 1.20 Oak Hollow Road $260,000.00 Subdivision Paving Priority Priority # SR # Length (Miles) Road Name/ Description Est. Cost 24 SR 1298 0.33 Bow Lane from SR -1148 to dead end $72,600.00 25 SR 1486 0.04 Spring Garden from SR -1481 to dead end $ 8,800.00 26 SR 2710 0.25 Demon Road from SR -1323 to dead end $55,000.00 27 SR 1398 0.24 Kenway Loop from end of pavement to pavement $52,800.00 28 SR 1361S 0.18 B Street from SR -1617 to dead end $39,600.00 29 SR 1412 0.06 8t Street from SR -1413 to SR -1390$13,200.00 30 SR 1398S 0.30 Kenway Loop from end of pavement to pavement $66,000.00 P.O.P* Addition to System 0.50 Sunsteade Drive from SR -3006 to dead end $130,000.00 Total Miles 1.90 (*Property Owners Participation) 3 Subtotal $438,000.00 *Subdivision Paving Alternates Priority # SR # Length (Miles) Road Name/ Description Est. Cost 31 SR 1227 0.39 Inverness Loo $89,000.00 32 SR 1110 0.08 Knox Haven $19,000.00 *In the event that any roads in priority have to be placed on the "Hold List' due to unavailable right of way or environmental review, or if additional funding becomes available, funds will be applied to the roads listed in priority order in the paving alternate list. Various Spot Stabilization, Secondary Maintenance Subtotal $311,981.00 funds reserved for surveying, right of way acquisition, road additions, contingencies, overdrafts, and paving entrances to certified fire departments, rescue squads, etc. Subtotal $281,080.00 Grand total 235 Program subject to availability of funding, right of way, and environmental review. Mr. Lunsford said that after the 2004-05 improvements were made, there would be about 100 miles, in the rural category, left to pave. He said that in the subdivision category, after 2004- 2005, there would be less than five miles to pave. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Williams to accept the 2004-05 Secondary Roads Construction Program as presented by Mr. Lunsford. VOTING: Ayes - 5; Nays - 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Amendment to Article IX, SR 3(a) Temporary Manufactured Home: Planning Supervisor Ron Smith said that at a previous meeting, the commissioners had requested that a zoning ordinance amendment be drafted to deal with hardship manufactured homes. He said an amendment had been written to allow temporary manufactured homes in the R-20 (Single Family Residential) district based on specific hardship criteria. Mr. Smith then reviewed the proposed amendment that is as follows: SR 3(A) Temporary Manufactured Home In the R-20 district a temporary manufactured home permit may be issued when the primary structure (stick -built, modular or otherwise) occupying the property is destroyed by fire, flood, wind, act of God, or casualty, provided such replacement begins within six (6) months and is completed within one (1) year, and provided that a medical hardship situation justifying such a permit exists and that the following conditions are met: a. Only one temporary Class A or B manufactured home that meets the standards of SR 7 shall be permitted per lot or parcel. b. The temporary manufactured home permit shall only apply to parcels which were owned by the applicant prior to the inception of the respective R-20 district in which it is to be located. Such property shall not be part of a development that is def ned by the Iredell County Subdivision Ordinance as a major or minor subdivision. c. The home may be occupied by an elderly individual with a medical hardship who requires the care of the family or individual occupying another dwelling on the property, or that lives in the general vicinity. The medical hardship must be verified by a licensed physician. d. All such manufactured homes shall have access to water and all sewer systems shall be approved by the Iredell County Health Department. 4 e. Temporary use permits may be issued for twelve months, but may be renewed for successive twelve-month periods so long as the hardship continues to exist. f: Application for renewal of a temporary use permit shall be made at least thirty days prior to the expiration date of said permit. All applications shall be made to and reviewed by the Planning Department. g. Within thirty days after the expiration of the temporary use permit the manufactured home must be removed. Raymond Cole said he was representing his mother-in-law, who owned property in an R- 20 District. He said it was his understanding the amendment stipulated that a mobile home would have to be removed from the site within 30 days after its occupant died. He asked if the same stipulation would apply if someone inherited the mobile home -- would the structure need to be removed in 30 days. Chairman Johnson said that as the amendment was written, within 30 days of the occupant's death, the home would have to be removed. He said the amendment had been drafted to assist in hardships, but at some point the integrity of the R-20 District had to be maintained. He said the mobile home would have to be removed in 30 days, and the amendment had not been written for repopulation of the district. No one else desired to speak, and Chairman Johnson adjourned the hearing. OTION by Commissioner Norman to accept the SR 3(a) Temporary Manufactured Home ordinance amendment. AMENDMENT TO THE MOTION: Commissioner Madison said that due to the timeframe in settling some estates, he suggested that the amendment reflect either a 60 or 90 day period for the removal of the home. Commissioner Norman accepted the amendment and said 90 days would be acceptable. VOTING: Ayes — 5; Nays - 0. Note: Item g. will now read as follows: g. Within ninety days after the expiration of the temporary use permit the manufactured home must be removed. ---------------------------------------------CONSENT AGENDA --------------------------------------------- MOTION by Chairman Johnson to approve the following ten (10) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request for the Abandonment of SR 3164 — Celeste Henkle Drive from the State Maintained System: Planning Supervisor Ron Smith, at the briefing, said the Iredell- Statesville School System staff had initiated a petition request to the State Department of Transportation for the abandonment of Celeste Henkle Drive (710' linear feet). He said the driveway was adjacent to Celeste Henkel Elementary, and it was only used for school access. Smith said the reasoning behind the abandonment was due to the school staff desiring to gate the driveway, but since it was state maintained, this could not be accomplished. 2. Request from the Central Volunteer Fire Department to Extend its Five -Mile Insurance District to a Six -Mile District: During the 5 p.m. briefing, Fire Marshal Gallyon said the Central VFD was requesting the initiation of proceedings to obtain a six -mile district. Mr. Gallyon said the next step would be to send a copy of the board's minutes to the State Department of Insurance (DOI). He said that once the DOI cleared the request, the board of commissioners would again need to review the matter. The boundary description is as follows: 5 Central School Volunteer Fire Department Insurance District Six Mile Beginning at a point South of the department on Hwy. 115 at the intersection of Snow Creek Road (SR 1903), thence West to point 42, the intersection of'Hill Dairy Road (SR 15 72) ad Huff Road (SR 1574), thence traveling Southwest to a point (#3) at the intersection of Bowles Farm Road (SR 1561N) and Fox Bottoms Road (SR 1573), thence South to point #4 which is the intersection of Bowles Farm Road (SR 1561N) and Pisgah Road (SR 1571), thence Northwest to a point (#5) at the intersection of Pisgah Ridge Road (SR 1577) and Pisgah Ridge Circle (SR 1578), thence traveling West to a Point (#6) at the Alexander County Line on Johnson Farm Road (SR 1579), thence Northwest to point (#7) which is on Damascus Church Road (SR 1581) at the Iredell-Alexander County Line. Thence traveling North to Fox Mountain Road (SR 1593N) at the Iredell-Alexander County Line which is point #8. Thence traveling 4/10 of a mile Northeast to Iredell-Alexander County Line which is point #9. Thence traveling Northeast to the intersection of Fox Mountain Road and Coolbrook Road (SR 1595), which is point #10. Thence North to the intersection of Burke Road and Linney's Mill Road (SR 1598) which is point #11. Thence Northeast to the intersection of Oak Hollar Road and Linney's Mill Road (SR 1598) which is point #12. Thence East to Bowles Stable Road 1/10 of a mile to MG Lane, which is point #13. Thence traveling East to the intersection of Sandburg Road (SR 1607) and Linney's Mill Road (SR 1598) which is point #14. Thence traveling east to the intersection of'West Glow Road (SR 1865) and Morgan Ford Road (SR 1836) which would be point #15. Thence traveling Southeast to the intersection of Prospect Church Road (SR 1861 W) and Myers Mill Road (SR 1862) which is point 416. Thence traveling Southeast to a point (417) on Goforth Road (SR 1860) 0.8 miles east of Myers Mill Road (SR 1862). Thence traveling South to the intersection of Amble Road (SR 1876) and New Eupeptic Springs Road (SR 1858) which is point #18. Thence Southeast to point #19, which is the intersection Weisner Road (SR 1878) and Clifford Road (SR 1877) compliments. Thence Southeast to the intersection of Mount Vernon Road (SR 1880) and Jennings Road (SR 1892), which is point #20. Thence South to point #21 which is at the intersection of'Jennings Road (SR 1892) and Gethsemane Road (SR 1937). Thence Southwest to point #22 at the intersection of Friendship Church Road (SR 1896) and Bussell Road (SR 1894). Thence Southwest to a point at the intersection of North Chipley Ford Road (SR 1898N) and Snow Creek Road (SR 1904E) which is point #23. Thence West to the original point #1. 3. Request from the Stony Point Volunteer Fire Department for Approval of Budget Amendment #36 for the Purpose of Using Fund Balance to Reimburse the EnergyUnited Water Corporation for the Installation of Hydrants: During the briefing, Fire Marshal Chuck Gallyon and Stony Point VFD Chief Steve Lackey said seven hydrants had been installed at Lackey Farm Road (6 hydrants) and Midway Road/Stikeleather Road (I hydrant) at a cost of $12,600. Gallyon said the VFD would have $2,066.17 remaining in fund balance after the $12,600 was deducted. 4. Request for Approval of the March 2004 Tax Refunds and Releases: The following refunds and releases were approved. MARCH 2004 TAX RELEASES & REFUNDS Releases Refunds County $ 43,262.10 $ 2,581.53 Solid Waste Fees 130.00 26.00 East Alexander Co. Fire # 1 21.43 0.00 Shepherd's Fire # 2 137.04 56.09 Mount Mourne Fire # 3 22.34 39.79 All County Fire # 4 1,514.66 98.11 Statesville City 12,657.69 827.04 Statesville Downtown 0.00 0.00 Mooresville Town 12,990.44 599.08 Mooresville Downtown 0.00 0.00 Mooresville School 3,777.85 101.89 Love Valley 12.60 0.00 Harmony 0.00 0.00 Troutman 8.10 0.00 Total $ 74,534.25 $ 4,329.53 6 A complete list, of the individual tax releases and refunds, is hereby incorporated into the minutes by reference. 5. Request for Permission to Apply For a Solid Waste Reduction Assistance Grant (Backyard Composting Category): During the briefing session, Recycling Coordinator Carla Parks requested permission to apply for a $4,500 grant from the North Carolina Department of Environment and Natural Resources. She said the grant would require a cash match of $450 (10%), and the funding would be used as follows: Compost bin truck load sale @ $36 ea. (est.) to residents plus promotion, advertisement and distribution by the composting company (Norseman Plastics) $3,500 Printing brochures 500 Set up (demonstration site) 250 Display Sign 150 Workshop Expense 500 Total $4,900 6. Request for Permission to add a $25 Charge to the Health Department Fee Schedule for Child Health Hearing Screenings: Nursing Director Donna Campbell explained during the briefing that the staff was requesting to add a $25 charge to the Fee Schedule/CPT Code 92582/Conditioning Play Audiometry. She said this type of screening was performed on three and four -year-olds during medical check-ups. 7. Request for Approval of Budget Amendment #37 in Regards to the Usage of $4,465.20 of Additional FY 03-04 WIC Grant Funds for the Purchase of Computers: At the five o'clock briefing, Nursing Director Donna Campbell requested permission to use $4,465.20 to purchase three computers ($1,488.40 per unit). 8. Request for Approval of the Annual Camp Iredell School Bus Lease: Recreation Director Robert Woody explained during the briefing that this lease was designed to become effective on June 7, 2004 and extend through August 6, 2004. 9. Request for the Approval of a Resolution Requesting the Temporary Closure of Bethlehem Road (SR 1363) from its Intersection with Aviation Drive South for a Distance of 800 Feet: The following resolution was approved. RESOLUTION REQUESTING THE TEMPORARY CLOSURE OF BETHLEHEM ROAD (SR 1363) FROM ITS INTERSECTION WITH A VIA TION DRIVE SOUTH FOR A DISTANCE OF 800 FEET WHEREAS, representatives of the City of Statesville have designed and contracted to install a localizer at the taxiway of runway 2-20 at the Statesville Regional Airport; and WHEREAS, the Federal Aviation Administration requires that vehicle traffic be limited as it passes beneath the runway; and WHEREAS, Bethlehem Road needs to be temporarily closed for a period of six months in order to place the localizer in operation and carry, out FAA required testing; and WHEREAS, the operation of the localizer is essential for enhanced flight operations, as well as the safety of airport users and persons residing or working in the airport vicinity. NOW, THEREFORE, BE IT RESOLVED that the Iredell County Board of Commissioners requests the North Carolina Department of Transportation to temporarily close the above described section of Bethlehem Road (SR 1363) for a period of six months. 10. Request for Approval of the April 6, 2004 Minutes OF CONSENT 7 Request for a Discussion/Decision Regarding a Self -Insured Workers Compensation Program & a Third -Party Administrator: Finance Director Blumenstein explained that the county had been with the North Carolina Association of County Commissioners' Workers Compensation Pool since July of 2000, after "commercial market rates were no longer competitive." She said since that time, the fully -insured premiums continued to increase, and there were concerns that the claims had not been handled in a timely manner. Blumenstein said the 2003-04 premium was $566,777 and the 2004-05 renewal was $742,548, or a 31% increase. She said several county staff members had met and decided to recommend that the county return to a self-insured retention program and to contract with a third party administrator for the handling of claims. In addition, she recommended that Compensation Claims Solutions be used as the administrator, due to favorable recommendations from Cabarrus, Rowan, Rockingham, Gaston, Cleveland, Alamance and Pitt Counties. MOTION from Commissioner Madison to approve the self-insured compensation program as presented by Mrs. Blumenstein and to use Compensation Claims Solutions as the third -party administrator. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (1 announcement) Troutman Planning Board (2 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Regional Comprehensive Economic Development Strategy Panel (CEDS) (2 appointments): Commissioner Tice nominated Steve Robinson and Bill Thunberg. OTIO by Commissioner Madison to close the nominations and appoint Robinson and Thunberg by acclamation. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 appointment): Commissioner Madison nominated Mary Jane Sutton. MOTIO by Commissioner Tice to close the nominations and appoint Sutton by acclamation. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): Commissioner Williams nominated June Martin. Commissioner Madison nominated Joanne C. Barrier. MOTION by Chairman Johnson to close the nominations, appoint Martin and Barrier by acclamation, and to postpone the remaining two appointments until the May 4 meeting. VOTING: Ayes — 5; Nays — 0. Recreation Advisory Committee (1 appointment): Commissioner Williams nominated Kevin Smith. OTION by Commissioner Tice to close the nominations and appoint Smith by acclamation. VOTING: Ayes — 5; Nays — 0. 8 Centralina Workforce Development Board (2 appointments): Commissioner Tice nominated Carol Johnson. Commissioner Norman nominated Kevin Williamson. MOTION by Commissioner Madison to close the nominations and appoint C. Johnson and Williamson by acclamation. VOTING: Ayes — 5; Nays — 0. Mooresville Library Board of Trustees (3 appointments): MOTION by Commissioner Tice to postpone the three appointments until the May 4 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT: County Manager Mashburn reported on the following items. • North Carolina Association of County Commissioners' District Meeting in Stanly County on April 28, 2004 • Beginning May 1, 2004, court proceedings should again be housed in the Iredell County Government Center -South Facility • New library construction is progressing on schedule. FY 2004 Budget Work Sessions: The board members agreed to meet on the following dates for budget review sessions. Thursday, May 27, 2004, 8:30 a.m.— 5:30 p.m., South Wing Conference Room Tuesday, June 8, 2004, 8:30 a.m. — 5:30 p.m., South Wing Conference Room Regular meetings will be May 18 (submittal of the budget), June 1 (public hearing) and June 15 (anticipated budget adoption date). CLOSED SESSION: MOTION by Chairman Johnson to enter into closed session at 8:30 p.m., pursuant to G.S. 143-318.11 (a) (6) for a discussion regarding personnel and G.S. 143- 318.1 l(a) (5) for direction pertaining to a property acquisition matter. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:50 P.M.) ADJOURNMENT: MOTION to adjourn the meeting by Chairman Johnson at 8:50 p.m. (Next Meeting: Tuesday, May 4, 2004, 5 p.m. and 7:00 p.m. in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approved: 9 Clerk to the Board