STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                          MARCH 21, 2002


The Henderson County Board of Commissioners met for a special called meeting at 2:00 p.m. in the Commissioners' Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.


Those present were: Chairman Bill Moyer, Vice-Chairman Marilyn Gordon, Commissioner Don Ward, Commissioner Charlie Messer, Commissioner Grady Hawkins, Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, Planner Melissa Peagler, and Deputy Clerk to the Board Amy R. Brantley.



Chairman Moyer ‑ "Alright if we're all ready uh, we'll call the um, the meeting to order. Um, we have two Quasi‑judicial Public Hearings scheduled for today. Actually going to take in reverse order, um, cause the, the second one will only take a minute. I distributed to each of you a copy of a letter I received from uh, the attorney for um, Oleta Falls, Craig Justes, with respect to some complications they had and a problem um, with this session and asked that it be uh, continued and that's what we're gonna do. So we'll open the public uh, meeting and then we'll continue it until uh, April 17th at 11:00 am. If that's alright with everybody, and that will give them more time uh, to prepare.


Commissioner Hawkins ‑ "Is that the mid‑monthY"


Chairman Moyer ‑ "That's the regular meeting schedule date. Uh, I move we go into a Quasi‑judicial Public Hearing on application for a variance from Henderson County Subdivision Ordinance for Oleta Falls. All in favor say aye.@


AAye@ in unison.


Chairman Moyer - AAlright I=ll move that we continue that hearing at the request uh, of the applicant to April 17, 2002 at 11:00 am at the County Commissioners Office on King Street. All in favor of that motion say aye.@


AAye@ in unison. 


Commissioner Ward - AI=ll make a motion to go out of Public Hearing.@


Chairman Moyer - AOkay.@                        


Commissioner Ward - AAnd I=ll make a another motion to go back into Quasi-judicial Public Hearing.@


Chairman Moyer - AOkay, well@


Commissioner Ward - AWell go ahead@

Chairman Moyer - AFor October Ridge.@


Commissioner Ward - AYes sir.@


Chairman Moyer - AOkay, that=s fine. Alright, um, all in favor of that motion say aye.@


AAye@ in unison.


Chairman Moyer - AQuasi-judicial Public Hearing will be held today with respect to the um, application for a variance from the Henderson County Subdivision Ordinance for, for October Ridge. Quasi‑judicial public hearing unfortunately is much like a court proceeding, in that it is a proceeding in which one's individual's rights are determined. The proceeding will be conducted under the Henderson County Board of Commissioners Rules of Procedure for Quasi‑judicial Proceedings. Only persons who can demonstrate they will be affected by the outcome of the decision are allowed to participate in the proceeding. As to we get to later we=ll identify who the parties will be, but only those that can affected by the outcome are permitted to become parties. We can um, well I=ll do this later. All persons who speak and participate, including any witnesses that will be called, will be placed under oath.  The Board will ask the petitioner or the petitioner's attorney what evidence the petitioner wishes to present in support of the request.  After the petitioner is finished, anyone else who has expressed a desire to be a party and who has, the Board has recognized as a party would then be allowed to present their evidence.  All parties will be given an opportunity to ask questions of all witnesses testifying in this proceeding.  The Board will be given an opportunity to ask questions also. After the evidence is presented the Board will discuss the issues raised and will make a decision.  The Board's decision must be made in 45 days of this hearing. The Board acknowledges the, the petitioner, and Jon are you acting on behalf of the petitioner in this situation?@


Jon Laughter - AYes sir.@


Chairman Moyer - AAre you gonna have any witnesses?@


Jon Laughter - ANo sir.@


Chairman Moyer - AAlright then Mr. Laughter will be acting as agent for the uh, and on behalf of the petitioner. The Planning Staff is a recognized party to this proceeding, and Karen will that be you?@


Karen Smith - ABoth myself and Melissa Peagler.@


Chairman Moyer - AOkay. Is there anyone else in attendance that would like to be a party to this proceeding, that has an interest in this proceeding, feels they will be affected by the outcome, that wants to either be a party, ask questions, or anything else? All of it? Will somebody come up? What I need you to do is to state your name and your interest in this matter. And then the Board will decide whether you=re appropriate to be a party.@


David Frohn - AI=m David Frohn. I=m owner of lot 3 in uh, or lot 4 in October Ridge. I=m a homeown, homeowner in that subdivision.@


Commissioner Ward - AThe name again?@


David Frohn - ADavid Frohn.@


Chairman Moyer - AKaren can you identify for the Board what, where his lot is relative to uh, Mr. Prone.@


Commissioner Hawkins - A...lot 4 on huh@


Chairman Moyer - A...I think he=s in a different subdivision. So he abuts the uh@


David Frohn - AThe road leads into my property.@


Chairman Moyer - AThe roads leads in@


Karen Smith - ARight, he would have to use the subject part of the road to get to his@


Chairman Moyer - AAlright. Any objection to Mr. is it P R O N E? is that@


David Frohn - AF R O H N@


Chairman Moyer - AF R O H N. I=m sorry. Frohn. ...Okay you=re accepted as a party Mr. Frohn. Thank you. Who else would like to be uh, now if, if you=re just gonna give evidence in support of what Mr. Frohn is gonna say you don=t necessarily have to be a party, but if you want to be a separate party come forward to the mike and identify yourself and your interest please.@


Sandra McGinnas - ASandra McGinnas. And uh, I live beyond where the Frohns live. Uh, lots six, seven and eight. The very end of the road.@


Chairman Moyer - AM C G U I@


Sandra McGinnas - AM C G I N N A S, McGinnas.@


Commissioner Messer - AI just about got it right.@


Commissioner Ward - A...at six letters.@


Sandra McGinnas - AOkay I live all the way at the end of Highland View Court.@


Chairman Moyer - AI had a few too many letters.@


Sandra McGinnas - AI live at the, yeah, I live at the very end. We=re turned around, that=s why I=m. Yeah, I live at the very end.@


Chairman Moyer - AOkay, any objection to Ms. McGinnas?@


Jennifer Jackson - ADo you also um, access your property through the road that=s subject to variance?@

Sandra McGinnas - AWe all do, that=s the only road in there.@


Jennifer Jackson - AOkay.@


Chairman Moyer  - AAlright thank you Ms. McGinnas. We=ll accept you as a uh, party. Next person please.@


Stephanie Kappler - AI=m Stephanie Kappler. K A P P L E R. We own lot 5, which is in between David Frohn and Sandra McGinnas.@


Chairman Moyer - AOkay I don=t think Karen has to verify that one, we=ll accept you as a party. Alright with the board? No problem? Okay, next please. Anyone else wish to be a party? Okay. Would all the parties please come forward to the uh, bench here an you=ll have to be um, sworn in. Have to give your name and address to the Clerk and she=ll handle the swearing in.@


Amy Brantley - ALeft hand on the Bible, right hand raised.  Do you swear or affirm that the testimony you shall give to the Board of County Commissioners shall be the truth, the whole truth, and nothing but the truth, so help you God?@


AI do@ in unison.


Chairman Moyer - AThe way this will now uh, proceed, we=ll have an overview by the Staff of the matter before us, the subject of the Quasi-judicial public hearing. Then Mr. Laughter for Petitioner will present their evidence, and then staff will present their evidence, and then each of the parties will be asked be given a chance to present any evidence. There=s two different facets to this, and try to keep them separate if you will. If you have evidence to, to uh, offer to the Board for the proceeding you do that when you are invited to speak. But you will also be given a question. You=ll be given time after each person presents evidence to ask questions. Uh, we=ll go for instance after, uh, the Petitioner gives his evidence if the Board will ask questions and if you have any questions of Mr. Laughter you=ll have that time to ask them. That may satisfy all your needs and then you may say >I don=t need to ask, I don=t need to put any evidence on=. Or you may still come forward later and put evidence on, so it=s two, two distinct uh, chances where you=ll have a chance to get your questions answered and to introduce evidence. We will start now with uh, staff=s overview of the matter. And either Karen or Melissa.@


Karen Smith - AGood afternoon. Uh, John Free and Betty Sizemore the owners and developers of a major subdivision known as October Ridge have submitted an application for a variance from the Henderson County Subdivision Ordinance. Mr. Jon Laughter is acting as the agent. October Ridge is a residential subdivision that consists of 30 lots. The Subdivision is located in Green River Township off of Bob=s Creek Road, uh, on east side of US Highway 25. Uh, part of October Ridge was approved in 1995 as a minor subdivision, and then the applicants waited the required three years to develop another minor subdivision in the same area uh, and then did a second minor of nine lots in 1999. With the proposed addition of 11 new lots, uh, last year, uh, lots 19 through 20 and 22 through 30, Planning Department required the applicants to reapply as a major subdivision. And the County Planning Board reviewed the major subdivision application in November, 2001, and they approved the master development plan subject to several conditions. Uh, Melissa has been showing you the vicinity map, uh, and also there=s a map on the board which we=ll enter into evidence later. Uh, one condition of the Planning Board=s approval was that uh, a section of the existing Langwood Drive be upgraded to meet the standards in the Henderson County Subdivision Ordinance. The applicants have requested a variance from the shoulder width requirements in Section 170-21C-Table 1 of the Subdivision Ordinance for a portion of Langwood Drive that runs between Bob=s Creek Road and the intersection of Royalwood Drive, which Melissa I think just showed you on, on the screen. Table 1 requires that private local residential subdivision roads, uh, such as Langwood Drive, have a minimum shoulder width of six feet on each side of the road. The applicants are requesting a variance to reduce the width of the shoulders from six feet to two feet along that section of Langwood Drive. And I believe your uh Board Action Form in your packet had said the variance was from six feet to four feet but that was incorrect, and we=ll, we=ll um, give you further explanation on that later. But the variance as we understand it is from six feet to two feet. On Novem..., uh excuse me February 19th, the Planning board voted on the recommendation on the variance and again we=ll present that later as evidence. Um, I did want to just give you a little bit of an overview of the requirements for variance. The Section 170-48 of the Subdivision Ordinance gives you the authority to authorize a variance from the requirements of the ordinance. It states that an application for variance should be made in appli... um, in conjunction with subdivision approval and it goes on to say that reviewing the variance the Board can look at the physical characteristics of the land, adjacent land uses, and the intensity of the proposed development. There are uh, three, uh, tests if you will for deciding upon a variance and these have come mainly out of zoning law. It=s a similar uh, proceeding. The first being that there are practical difficulties or unnecessary hardships in carrying out uh, the strict letter of the ordinance. And these um, rules that I=m gonna follow are shown on the application form uh, that the applicant actually had to complete. Uh, as part of that uh, first uh, requirement, uh, if the applicant complies with the ordinance, the applicant can secure no reasonable return from or make no reasonable use of the property. The hardship of which the applicant complains results from unique circumstances related to the applicant=s land. And the hardship is not the result of the applicant=s own actions. And those are all subparts of that first requirement. The, the second requirement is that the variance be in harmony with the general purpose and intent of the ordinance and preserves its spirit. And third that in granting the variance, the public safety and welfare have been assured and substantial justice has been done. Um, for the record I just wanted to add that the notice of today=s hearing was provided via certified mail to the applicant and their agent uh, as required by your rules of procedure for Quasi-judicial proceedings. And then we did also send notices to the people that own property adjacent to October Ridge and those within October Ridge. Thank you.@                             


Commissioner Hawkins - AKaren could I ask you before you get gone, would you show me again where the len... or the section of road that you=re asking for the variance on, from there back to there?@


Karen Smith - ABob=s, Bob=s Creek Road intersection to this point here.@


Commissioner Hawkins - AOkay, and, and about the distance of that is - do we know?@


Karen Smith - AIt=s approximately 1,200 feet, Mr. Laughter might know exactly.@


Commissioner Hawkins - AAbout, about@


Karen Smith - A1,200 feet.@

Commissioner Hawkins - AIn, in the part there at the minor subdivision previously that=s, that=s already prove finished.@


Karen Smith - AThose were, right, the roads were um, in that part were part of that, the prior subdivision approval. And the uh, subdivision ordinance requires that when you own land on both sides of another tract that=s going to be subdivided that you have to upgrade um, the portion that you control. And that=s this portion of Langwood Drive uh, that they would have to upgrade to meet travelway standards and, and shoulder width, and grade and that sort of thing. And apparently the only issue they have right now is on the shoulders.@


Commissioner Hawkins - AOne last question, on, on the map that=s on the TV would you point out again generally where the other parties to the uh, hearing are located. I, I=ve tried to correlate where they were in relation to that map.@


Karen Smith - ABelieve it was in this area, area here. And then at the end of this cul-de-sac as well.@


Commissioner Hawkins - AOkay so it=s that bottom, oh I see we don=t have that on our map, that bottom cul-de-sac.@


Karen Smith - AUm, it will be this area right here.@


Several people talking at once.


Chairman Moyer - ABut everyone uses the common access apparently.@


Karen Smith - AThey have to come in this way, and then they would turn here and follow this up.@


Commissioner Hawkins - AOkay, thank you.@  


Chairman Moyer - AAlright, we will move um, to um, petitioners evidence and we have uh, Jon Laughter on behalf of applicant John Free. Jon would you uh, present your evidence.@


Jon Laughter - AUh, yes thank you I, I will. And I=ll use this map if it=s okay to point out a few things. Uh, Karen, I=ll remind you of what she said but the uh, two portions of this subdivision have been approved uh, as minor subdivisions uh, since 1995 up until, up until now and up until you changed your subdivision ordinance. And, previously when the, when the two minor subdivisions were uh, submitted uh, the section of road that was involved...involved in this variance I think...@


Jennifer Jackson - AMr. Chairman? Mr. Laughter if you could bring the microphone with you, or Ms. Brantley=s gonna have a hard time catching you on tape.@


Jon Laughter - AUh, but this little section of uh, Langwood Road is what=s involved in this request. So we=re, we=re talking about, as Karen said, about 1,200 feet. And that=s pretty close, about 2/10 of a mile. And that=s to the intersection of uh, Royalwood and Langwood. And the sections that, of road that were approved previously under the two minor subdivisions, is in green, the two sections are in green. And this is really a ... than Bob=s Creek Road so, so you=re going up in elevation all the way up, up to this point here. And in 1994 this road, this road existed all the way back to uh somebody had put a building site up, up in this area so the first time I saw the property was probably in 1994 and it=s down in, in the Green River section so, uh, I don=t recall seeing the property before then but that road, there is a road in there in fact the road even extended on over in to serve people in this area. So the road, road has been there uh, uh, uh, I know since 1994 from personal experience and is obvious when I was down there then the road was, road was there. I mean it was well established and people were using it. And I was told that before the Bob=s Creek extension was installed and if you recall that extension was installed when the four lanes of US 25 came up into the Green River section and then they had a connecting road over to two lane US 25 before 25 was ex, four lane road was extended on to Tuxedo so, so sometime in that time period this road was built prior to 1994, and, and when this road was built it was my understanding that the people who use this road to get back up in here didn=t have to use this road anymore because of the new Bob=s Creek Road. So they=re getting, the people that live back here that used to use this road are not using the road now, or don=t appear to be using the road and didn=t appear to be using in 1994. But in 1994 when the owner uh, these, these two people here, Sizemore and John Free they wanted to sell some of the property to try to get in some income from the property. So they approached me about doing a minor subdivision. Well at that time the road met the requirements for a minor subdivision. The entire road met those requirements. Uh, and I advised them to, if they wanted to make sure they sell some, sell some nice lots to go up on the high part and divide that up as a minor subdivision. And if they did they would have to wait before they could do anymore minor subdivisions, but that was the most reasonable thing for them to do. However at that time I pointed out to um that the road was not in very good condition. The road didn=t have any culverts on it, uh, water ran down the road, it didn=t have any stone on it, it was what I would call just a, a fairweather road. It was more of a woods roads, like we=re all familiar with. I know someone had built a turnaround up there and had, looked like they had started to build a house up there, cause a very good view. In any event these owners spent money, hired a contractor to go in, widen the road as much as we could, and put in culverts. And, and put ditches to carry the water and, and then stone the road. They, they hired Junior Freeman to do that and he did the work, so. Then we put the plat on record and that=s I guess when you started selling the lots. Then >bout three years later if I remember that was the time period, we came back, we did another section of the minor subdivision and, and so everything in green was put on record using the entire road, this road, this little road that goes back to the house, and met all requirements at that time. That left the tract of land in here, where a lot of road frontage, but uh, uh, that they, now they=re trying to sell to the state. They want to finish it off and sell the lots. So they came to me about doing another minor subdivision well you=ve changed your regulations now. And your regulations require a lot more than just line and grade. The grade on the road=s no problem, the line was no problem but now you=ve got a requirement for widening the road. Widening the road significantly, uh, uh, I think uh, you want six foot shoulders. And I went back up, I looked at the road from here to here, Langwood Drive that section of drive that had already, you had accepted before, twice before, on this minor subdivision to see what we needed to do to meet your current requirements. And one of the problems is a rock, large rock outcropping on the south side of Langwood, in this area, a steep drop off on the North side of Langwood, right through there. So really not any room to widen the road. So I talked with your Planning staff and pointed out to them that we would get all the shoulder we could possibly get without having to get into rock excavation of a big fill over there. And that=s when they told me that there is a place for variance, that you allowed in your regulations a variance. In a place that=s needed. So this sort of ... me I could, met the requirements of course the people that have talked, that will be talking to you, they have purchased lots, very nice lots, up high, good views, got some beautiful homes up there. It=s a uh, uh, uh very, very impressive if any of you=ve been up there. And of course they bought those lots based on use of this road. They had to drive up there to see the lots, they had to drive ... The houses are well under construction, and several of the houses are completed it looks to me like it=s and they=re probably occupied. And building materials had to go up that road. Concrete trucks had to go up that road. And up the road, using the culverts that we put in, 1994, using the drains, using the ... And I=m sure that they didn=t meet anybody in this section right here or they had to wait and somebody would have had to gone by the other one because of the rock outcropping and because the drop off. I looked at it closely, and felt like, that we can get a full 20 feet by this rock. We don=t have 20 feet there now, but that would require a variance. The 20 feet would be as opposed to, I guess the 16 and 12 which would be 28 feet. So in this section in here it=d be narrow. Now down at the beginning we can get, we can get close to 6 foot of shoulder. We get past up here we can get like 4 feet of shoulders without any problem but where this rock outcropping and this drop off is, that=s where we really need to be the narrowest and it=s, and it=s 20 feet. And it, it is a good side distance is, is not a steep grade but it would be a hardship to go in and have to go back in and cut that, cut that back to try to get that extra little bit of width in there because there=s no way that we could get it on the, on the opposite side of the road. Uh, we=d have to, we=d have to get it in this area. When, if we went to do some construction like that it=s, takes blasting, moving rock, it=d be quite a job to do it, expensive job. But my biggest concern would be how the people would get in and out of there while they=re doing this. It just looks to me like it=d be a hardship on everyone. And with the road being used, and has been used and met your requirements for earlier. I just think it=s a bad time to come in now and make the guy change, change the regulations on him. Now I know that happens, and, but he asked me to come today and talk with you about that, about the hardship, about the problems it caused. Will now tell you that it has been accepted and we=re just to, we=re talking about a change in the regulation, a change in the regulation that includes the possibilities of getting a variance. And I=ll be here to answer any questions@


Chairman Moyer - AJon, the um, you say just for clarification the 20, the uh, 16 and 12 you=re talking about a 16 foot travelway and two six foot shoulders would be your 16 and your 12.@


Jon Laughter - AWould be your 28 feet. Yes.@


Chairman Moyer - A28. And you=re suggesting in places that you would need to go down to 20 which would be 16 and two on each side.@


Jon Laughter - AYeah. 16 and four.@


Chairman Moyer - ANow when we asked before about the whole road where, where you need that variance for, you don=t need the variance for the whole distance do you? You only need it@


Jon Laughter - AWe don=t, we don=t need it, we won=t need it for the whole distance because there=s, there=s on both sides of this rock face is dirt. And dirt that we can, we can move, and we have some widths really on both sides of the road. That we can still, we won=t be able to get quite six feet, but we can get four feet uh, and get, and all places we can carry the water out of the road. And then we=ll restone the road, to the full 16 foot uh, feet of travelway. And, up to this point. And on@

Chairman Moyer - ASo right around the rock how long would you say the distance around the rock is...two feet.@


Jon Laughter - AYeah. I=m gonna say that it=s not anymore that 200 feet.@


Chairman Moyer - AAlright so 200 feet.@


Jon Laughter - ABut it is@


Chairman Moyer - AAnd in some places you=ll need four, you=ll only be able to do four feet, but what about, what about where the rock, where the cliff is.@


Jon Laughter - AYeah we=ll get, we=ll get a full 20 feet.@


Chairman Moyer - AYou=ll get@


Jon Laughter - AWhere the rock is@


Chairman Moyer - AFull 20"


Jon Laugher - AYeah@


Chairman Moyer - ASo you=ll@


Jon Laughter - A16 and four@


Chairman Moyer - A16 and two on each side.@


Jon Laughter - AYes sir.@


Chairman Moyer - ABut you can=t get the 28 there.@


Jon Laughter - ANo sir. Not without doing a, not being a real hardship on, on the owner and, and really the, the people@


Chairman Moyer - AHow long is the stretch where the cliff is that you would need the only the 16 and, and two on either side. How long a stretch?@


Jon Laughter - AI=m gonna say 200 feet.@


Chairman Moyer - ASo maybe we=re talking 400 feet let=s say 400, between 400 and 500 we, we=d be going down to 16 and two and two on either side.@


Jon Laughter - AI=d say 200, two and two.@


Commissioner Messer - AAnd the rest of it=s sixteen and four, I mean four feet right?@


Jon Laughter - ASixteen, between...@

Several people talking at once.


Chairman Moyer - A...so you don=t, you=re not suggesting two for the whole 1,200 feet, it=s only two places where you really need to go down to the two feet on either side.@


Jon Laughter - AReally only the one place around the rock, but that=s about 200 feet in length.@


Chairman Moyer - AOh is the drop off at the same place as the rock?@


Jon Laughter - AYes, yeah, yeah.@


Chairman Moyer - AOh okay I thought it was down a little bit.@


Jon Laughter - AYou got the rock here, then the road, and then down.@


Chairman Moyer - AOh so the whole thing is 200 feet.@


Jon Laughter - ARight.@


Chairman Moyer - AOkay. Well you=ve clarified that for me then. Commissioner Hawkins.@


Commissioner Hawkins - AI was gonna ask almost the same question and I got part of it there. Uh, for the um, slope, uh in terms of drop off is that you know 20 degree of sheer cliff or@


Jon Laughter - AWell it=s uh, uh. Uh, it=s steeper than a 1:1. It=s uh, it=s steeper than a 45, and@


Commissioner Hawkins - AOkay.@


Jon Laughter - Aof course um, that=s the fill side and there you would, you would want a 2:1, is what we would normally put on a fill. And, and that would put it down in a, that=d put it down in probably about a three grade.@


Commissioner Hawkins - AAnd one other question in, uh, apparently you worked on this in >94, at that time to you knowledge was there any uh, uh, parameters in the Zoning Ordinance to upgrade uh, minor to a major subdivision. I don=t think that was established at that time or was it. Or do you know.@


Jon Laughter - ANo. The only requirement as I recall, an uh, both uh, up to, up to nine lots and uh, and then you had to wait a period of time. Like two or three years and I=m not sure Karen probably remembers. But then you could do another minor. And or course that=s what they chose to do, because of uh, and the biggest reason a lot of people might a lot of my clients did that, and they did it for the simple reason you could get some lots out there and get them sold without having to get into the minor, or the major subdivision which required either bonding or construction of uh@


Commissioner Hawkins - ARoads.@


Jon Laughter - AOf the roads yes.@

Commissioner Hawkins - AOkay@


Commissioner Messer -@Jon on that, on that, on that 200 foot that=s, that you=re asking for some, you know the whole thing would probably be a variance. But how far does that rock run on that one side is it, is it the full length or is it just@


Jon Laughter - ANo it, ah, uh, the 200 feet that I=m using that=s about where really the rock is so along the uh, as you drive up along the left hand side. Probably for and, and I think I=m, I=m on the high side there because the drive is about 200 feet. Dirt before you get to there and dirt after you get past.@


Commissioner Ward - AFor the record Jon how many lot, new lots will this road serve.@


Jon Laughter - AWell, new, new lots that it serves uh, this is Langwood, uh, there=s about four lots in here that, that don=t have, that, that we can=t ... come off of 25. Uh, uh, let=s say right in, right in this area here.


Commissioner Ward - AThat new part will serve four lots.@


Jon Laughter - AYeah, yeah.@


Commissioner Messer - AJon you did say earlier in a statement I think that you said that in the past time there was some people went through there and used that, that thoroughfare all the way through there to come out the back side to go to@


Jon Laughter - AYeah


Commissioner Messer - Asome more property, uh, be on the south end looking at it from here.@


Jon Laughter - AYeah, yeah. Right up through here. Yeah they were using it to get out in, into that area. It=s my understanding that the reason for that was, was negated or, or dropped whenever the Bob Creek@


Commissioner Messer - AMay have been better to find the people that owns that property down there so that=d be@


Chairman Moyer - AWell that=s been closed for a while right?@


Jon Laughter - AYeah.@


Chairman Moyer - AYeah that=s@


Commissioner Messer - AThat=s what I was asking.@


Chairman Moyer - AYeah.@


Jon Laughter - AYeah there there=s nobody going in and out of there now, that I know of.@


Chairman Moyer - AKaren do you have any, Commissioner Gordon.@


Commissioner Gordon - AThe existing road way through the area now is how wide?@


Jon Laughter - AThat=s there now?@


Commissioner Gordon - AYeah.@


Jon Laughter - AI would say uh, that it=s probably about 12 feet. Uh, it=s uh 12...@


Several people talking at once.


Jon Laughter - Aso, we=re gonna help the situation some. I mean you know.@


Chairman Moyer - A16 foot travelway will@


Commissioner Gordon - Amake a big difference.@


Jon Laughter - AIt=s stoned, it=s uh, you know it=s uh, it needs stone.@


Chairman Moyer - AAnything further from the Commissioners? Jennifer do you have any questions from your standpoint at this time?@


Jennifer Jackson - AI guess the only question that I have is from our, is 200 feet um, I=m just thinking ahead uh, um, the Board decides to grant the variance is 200 feet, can you identify that on the map so that we know what you=re asking for?@


Jon Laughter - AWell I=m asking for the variance up to the intersection, I=m asking @


Jennifer Jackson - AI understand that.@


Jon Laughter - Afor variance there. But uh, and, and pointing out you know the 200 feet I haven=t, you know I=m just, ... there many times I, I just haven=t taken shots on it and put it on a map. But, but it is right in this area here.@


Jennifer Jackson - AI=m just looking for a way to, to limit in the order the area in which the two foot is allowed um, such that you don=t get a, a two foot variance on the entire thing since you, doesn=t sound like you need it on the entire road.@


Jon Laughter - AIf we get in that what, what=s gonna happen Jennifer, um, when we go in there to work you know we=ll be taking in a dozer and probably a loader. And we=ve already got a contractor lined up to come and do this. We will move anything we can possible move. Uh, to give as much width and to get the water as far away from the travelway as we can get. And we start getting into moving that rock and pushing that rock around there may be some areas that we can do better than two feet. So I don=t think you=re really, I don=t know what you=re trying to accomplish you know@


Jennifer Jackson - AWe=re limited to a maximum of, of 200 feet along that road wherever it falls out um, to be no less than, uh no less than two foot shoulders does that, do you think that that give, gets you where you need to be?@


Jon Laughter - AI think it does and I, and I think it get and, and like I say uh, our ... we, we=ll move anything we can move in there to give them people a better road. They, they, they do need a better road.@


Chairman Moyer - AKaren do you have any questions at this time for uh, Mr. Laughter?@


Karen Smith - AThis, this is just a clarification of one thing that came up at the Planning Board and more for your benefit. Uh, Mr. Laughter will there be any driveways along that portion of the road that you=re asking for a variance on?@


Jon Laughter - ANo and, and that did, that did come up. Uh, the lots, the lots that are like here, like this 25, 26 and 27 there=s no way we can get driveways in there. I mean that=s on that south side, uh this side is even though it=s dirt it=s gonna be too steep for a driveway so the driveways will have to come in down here in this area there so, so no there=s not gonna be a driveway access off of that. There=s just no way off of the area that I=m asking for variance in.@


Chairman Moyer - AKaren is that it for now? And now what we=ll do as I indicated before, we=ll go through the parties and Mr. Frohn do you have any questions now not any testimony any questions for Mr. Laughter at this time?@


Mr. Frohn indicated no.


Chairman Moyer - AOkay. Ms. McGinnas do you have any questions?@


Ms. McGinnas indicated yeah.


Chairman Moyer - AAlright please come to the mike and ask your question.@


Sandra McGinnas - ASo you=re talking the area just up to the first switchback, where the road intersects to the left there right?@


Jon Laughter - AThat=s correct.@


Sandra McGinnas - AOkay, and the property that he=s gonna be, the other additional lots are gonna be beyond that?@


Jon Laughter - AThe driveways will be, yes.@


Sandra McGinnas - AOkay how much uh, so is he that other road that goes straight out. So he gonna upgrade that road also?@


Jon Laughter - AUh, no. No we hadn=t@


Sandra McGinnas - AOkay. I wonder because...@


Several people talking at once.


Chairman Moyer - AWhy don=t you show her on the map Jon so...misunderstanding. Just bring the mike over with you Jon and we=ll.@


Jon Laughter - AOkay so the question, the question as I understand it is the road that=s to be improved will be from Bob=s Creek extension to the intersection of uh, Royal, uh, wood Drive. And then the, the second part of the question was would any of the road be improved, any of Langwood be improved beyond that intersection and my answer was no.@


Sandra McGinnas - ASo where are the additional lots gonna be?@


Jon Laughter - AWell@


Sandra McGinnas - AThis, this area here is that the area you=re talking about?@


Jon Laughter - ARight the, the ruling we had from Planning staff was that this part of the road and that part of the road is already approved.@


Sandra McGinnas - ATo be upgraded?@


Jon Laughter - AAlready approved@


Sandra McGinnas - Aas far as there.@   


Jon Laughter - Aearlier...and recorded.@


Sandra McGinnas - AOkay so it won=t be, but this area is gonna be sold but it won=t be uprooted.@


Jon Laughter - AGonna be, that=s correct, yes.@


Sandra McGinnas - AI wondered cause our property actually, the reason I=m asking, our property, we sit at the top but our property runs down hill so we actually, our property joins on the lower road we actually have property on the lower road as well.@  


Jon Laughter - ARight, their property is probably about the center of the lower road.@ 


Sandra McGinnas - AIt is.@


Jon Laughter - AYes.@


Sandra McGinnas - AYeah, okay. And uh, I have another question. Uh, it says here is this why you=re requesting this is to, so that it won=t prevent, so there won=t be an extended period of time that we won=t be able to get up the road, is that part of the reason you=re requesting not to, well I mean besides the fact that maybe, probably there=s areas where it=s humanly impossible to make it wider than what you=re talking where the rock is unless you did like you said heavy blasting. Is that, is that what that is, is it to construct required width will prevent others from using the road for a extended period of time.@


Jon Laughter - AYes uh, and that=s what I was saying when I uh, in talking with the Commissioners that section of road that we=re asking for the variance through here, it would take so much heavy construction that it would prevent the people that live up this area and this area from using the road for whatever took long it took to do the work. And that, and that=s unacceptable.@


Sandra McGinnas - AWhat=s gonna happen with the uh, what=s gonna happen, what time are we talking? I mean are we gonna be able to get in and out of the road? Is it gonna be a daily thing where I mean you know they=re gonna try to make the road passable or, cause I mean that=s the only way we have in and out of there and I have, you know I have a mother that lives with me that=s disabled, we=ve already had problems the ambulance trying to find us up there one time, so I wanna make sure you know that I can get in and out or I can call somebody if I need to to be able to get in and out.@    


Jon Laughter - AWell if the Commissioners grant the variance, then the construction that we will have to do will be require a bulldozer and a loader, but it will be sorta minor and we will be able to maintain traffic. There might be a 15 or 20 minute delay or something while they=re getting something out of the road but that would be the extent of uh, of any interruption.@


Sandra McGinnas - AAnd when is that gonna start?@


Jon Laughter - AIf we get our variance approved I=ve already got a contractor lined up to come in and do the work and I would say that um, that this time of year we could start say within a month.@


Sandra McGinnas - AOkay, so would be bef...we=d be finished like before school time comes again so we could, you know cause there=s gonna be, you know several of us that have kids that have to go in and out everyday you know to...@  


Jon Laughter - AI would think it probably total time of work would probably be two weeks to do the work that we plan to do if we get our variance approved.@


Sandra McGinnas - AAnd what you=re gonna do to upgrade the road will take care of a lot of the water problems down there at the bottom, cause the water right now is, is running down hill and that=s actually the worst part of the road because we built our house up there, well actually we, we brought in a modular and we did a bunch of upgrade on the upper part of the road to be able to actually get our house in there, so the upper part of the road is better than, you know, than it was but it=s gonna take care of a lot of that water problem then right, at the bottom.@  


Jon Laughter - AWell the, the water problem now is that the, there=s just no ditch uh there and it runs down the road. And we will set the ditch back in this two feet back out of the road and gravel the road, put the gravel on the road so that uh, we will take care of the water problem yes.@  

Sandra McGinnas - AOkay, and when they upgrade this to a major subdivision does that include um, will they place signs there that tell what roads they are, is that part of that. I mean you know what I=m saying, like county road signs, you know like will there be a, um, a sign there that says this is you know, like Langwood Drive, is that part of a major subdivision?@


Chairman Moyer - AKaren, you want to come up and answer that interesting question? It=s a private road so@       


Karen Smith - A...it=s really not part of the Subdivision Ordinance if your road, private road, intersects with a state road you are eligible for a street sign. Now why that, I don=t know why that=s not up yet but we can put you in touch with the right people.@


Several people talking at once.


Chairman Moyer - ABut Bob=s Creek should definitely have a@


Karen Smith - ARight@


Chairman Moyer - Asign. When we get on private roads it=s their own responsibility. But@


Karen Smith - AYeah, regardless of minor or major so.@


Several people talking at once.


Commissioner Ward - AUnless there=s three or more residents@


Karen Smith - AUm, the property owners can contact our property addressing department.@


Commissioner Ward - A...three or more residents...private road.@


Sandra McGinnas - AOkay, cause that=s one thing that you know would be great if we could do that you know cause like I said you know if EMS can=t find you,  you know that was, you know upgrading the road would be better for that purpose, to help us to be able to get out of the...


Karen Smith - AYeah I think that=s, can be taken care of without@


Chairman Moyer - AAlright we=ll...Thank you Ms. McGinnas. Uh, Ms. Kappler do you have any questions for uh, Mr. Laughter?@


Stephanie Kappler - AYeah.@


Chairman Moyer - APlease, please come forward to the mike or the map we can@


Stephanie Kappler - AI don=t mind him um, not doing that work where the rock is, that=s fine with us but he had some work done on the road not long ago, a year ago and he put stone on it, it=s gone up by us. If the work that he does do, if he would put more stone than what he did last time, okay. Because the work he did was not@


Chairman Moyer - AYour question is will he be putting stone and upgrading the road.@


Stephanie Kappler - AYeah, yes.@

Chairman Moyer - AAlright.@


Stephanie Kappler - ASo, so it will last besides just a month you know. I mean I, I know he wants to come out as cheaply as he can, but I would, we would like it if it would last you know. Do some decent work okay.@


Chairman Moyer - AAlright, um, thank you Jon we=ll have, have a um, you=ll have a chance to speak again later. Karen do you have some evidence to present.@


Karen Smith - AYes I do. A lot of this is more to just get it in your record. I=m not gonna go through it all. Um, what we=re handing out are um, a set of exhibits and we=ll just hand those out and I=ll just tell you what they are when I get back. Um, okay just for the record I did want to enter the packet that you received ahead of time, the Request for Board Action and the attachments, uh, which includes the application uh, material from the applicants as well as a reduced copy of the master development plan um, and the um, a vicinity map and, and the other attachments. Also uh, in what I=ve given to you now um, Exhibits A, B and C are excerpts from the minutes of the first meeting when the Planning Board approved the Master and Development plan in November of 2001. Uh, the second being minutes uh, from meetings related to the variance of January 15, 2002 and February 19, 2002. Exhibit D is the Request for Board Action form that the um, Planning Board saw at it=s November 2002 meeting. Exhibit E is again a copy of the combined Master and Development plans approved with conditions by the Planning Board. Um, Exhibit E is the reduced copy of um, I=m sorry, the full sized copy of Exhibit E is for, for Amy to take back for the record, that we=ve all been referring to. Um, and it=s the same as your Exhibit E in your packets. Um, Exhibit F is minutes from a January 22, 2002 meeting of a subcommittee of the Planning Board. Uh, G is gonna be presented to you by Melissa, you don=t have that, it=s some photos that might just help a little bit more with defining uh, the area of the problem. Uh, H is the Planning Board=s recommendation, and I is just a copy of Table 1 from the Subdivision Ordinance which shows you what the shoulder uh, requirements are. Uh@


Chairman Moyer - AYou=ve distributed copies of these to each of the parties correct?@


Karen Smith - AYes sir.@


Chairman Moyer - AAnd they=re all minutes and things from the Ordinance so we=ll take official notice of these and they=ll be part of the record.@


Karen Smith - AUm, I was just going to go back uh, and, and, for the record say, as I mentioned in my opening comments the Planning Board did approve the major subdivision for October Ridge November 20th, 2001, and approved that subject to several conditions. And those conditions are shown in Exhibit A, um, and they refer to a common 12 which requires the upgrading of the road. Um, after the Planning Board approved the Master and Development Plan, um, as Mr. Laughter told you the applicants found that they were not gonna be able to meet the road shoulder requirements in Table 1, you have a copy of Table 1, that requires the six foot shoulders on each side. Um, the applicant submitted their request for a variance on January 15th and we took that to the Planning Board uh, that evening, January 15, 2002. And at that meeting the Planning Board decided to send it to a subcommittee uh, for review. The members of that subcommittee did visit the site, and it was actually at that subcommittee meeting where the uh, variance was defined and Mr. Laughter has already explained to you um, the, what he=s actually requesting and actually has a, I think further defined that more than, than he, he even did with the subcommittee uh, as far as where the two foot shoulder might be required and where he could possibly get four. Um, and you have copies for those minutes that I distributed to you. And um, Mr. Laughter had also indicated to the subcommittee as well as to staff that he would be able to upgrade uh, the subject portion of Langwood Drive to 16 foot in width. I=m gonna have Melissa uh, Peagler just sh, uh, walk you through a set of photos um, might kind of give you an idea of, of what this actually looks like on the ground. And then I=ll just go over the Planning Board=s recommendation as she finishes in another minute or so.@


Melissa Peagler - AThis is Langwood Drive going south and I may want to...This is Langwood Drive going south which means it would be looking back this way in front of lot 20. And this is the road as it exists now uh, before they had upgraded it to the 16 foot width, with um, the shoulders and ditch and all that, this is how it exists, exists presently. They are planning on upgrading it to 16 foot travelway width. Um, the next one is Langwood Drive going north, going across lot #27, down this way. Oh, okay. As you can see you can uh, you can see the shoulder that is already in place in the trees and you can kinda see Bob=s Creek Road down at the bottom. Think so. Uh, the next one is Langwood Drive going north approximately in front of lot #20, and you can see the bank there. And again this is going this way looking back the opposite direction at this time. Yeah. Uh, the next one is Langwood Drive going north in front of lot #19 and this is near the bottom here where it turns onto Bob=s Creek. The next one is Langwood Drive going north, and in this picture you can get a good pic, idea of the rock outcroppings. Uh, the next picture is a little bit up the, up the road from there and it is also of some rock outcroppings. Uh, the last picture is looking across uh, lot #27 at a creek on, at the creek that runs right down here on Bob=s Creek Road. And I think Karen=s gonna address the Planning Board recommendation now.@


Karen Smith - AYou have a copy of a memo um, from staff it=s Exhibit H, that um, I=ll just read from the record. Um, it was at the February 19, 2002 meeting, Henderson County Planning Board reviewed the application for variance from the road shoulder standards of the Subdivision Ordinance submitted by Jon Laughter on behalf of John Free and Betty Sizemore for October Ridge. And after hearing the report from uh, subcommittee of the Planning Board discussing the request the Planning Board voted unanimously to send the Board of Commissioners a favorable recommendation on the variance as sub, submitted, and made the following findings of fact. That there are practical difficulties or unnecessary hardships in caring out the strict letter of the ordinance regarding the road because of the topographical situation of the road. The variance is in harmony with general purpose and intent of the ordinance, preserves it=s spirit, and it is not going to be used as an access to any of the lots that are being added to the subdivision, and so essentially it is an access to the minor subdivision that has already been approved. And given the way it has been constructed, it is safe and is 16 feet wide. And three the public safety and welfare have been assured and substantial justice has been done in it, in granting the variance. And um, just for the record these um, findings are also contained in Exhibit C which is the minutes from the February 19, 2002 meeting.@


Chairman Moyer - AQuestions for Karen at this stage? Mr. Frohn do you have any uh, well I=ll start with you Jon do you have any questions for Karen at this stage?@                                                                        

Jon Laughter indicated no.


Chairman Moyer - AMr. Frohn, do you have any questions for staff?@


David Frohn indicated no.


Chairman Moyer - AOkay.@


Commissioner Gordon - AUh, I do have a question. Um, in, in number two it says that, that this road is not gonna be used as access from any of the lots that are being added to the subdivision. Is that@


Chairman Moyer - ANone of the driveways, that, none of the driveways will come off of that.@


Commissioner Gordon - AOh, okay, or just the area. Okay, I see what you=re saying there.@


Chairman Moyer - AThey=re gonna be@


Commissioner Gordon - A...was looking at it from that driveway perspective.@


Chairman Moyer - AThey=ll need access to get back to the lots, but the driveways to them will not, not come off of there.@


Commissioner Gordon - ARight, okay.@


Chairman Moyer - ARight Karen, that@


Karen Smith - AThat=s, that=s the way I understood it which is why I had a question earlier.@


Chairman Moyer - AJon, that=s correct.@


Commissioner Gordon - AOkay.@


Chairman Moyer - AWe can so indicate that for clarification. Um, Ms. McGinnas do you have any questions of uh, staff?@


Sandra McGinnas - A...was gonna ask, you=re talking about the...talking about the driveways. Where are they, these areas in here those are the new lots in here, so how are they gonna access this, are they gonna come in from here?@


Karen Smith - AIt, it@


Chairman Moyer - ALet Jon answer that.@


Commissioner Hawkins - AJon can you show us on the map where you=re looking.@


Sandra McGinnas - AWe=re looking right in here, so, is, where are they gonna access this here? From down here, below there?@


Jon Laughter - AYeah, uh@

Chairman Moyer - AWill you give the lot numbers Jon when you speak so the Board can follow you.@


Jon Laughter - AUh, the question concerns uh, access to lots 27, 28, uh no excuse me, 27, 26, 25 and 19 and 20. Lots 19 and 20 will come off of uh, Bob=s Creek extension. Uh, 19 and uh will come off right at the right-of-way, or at the intersection of, of Langwood and Bob=s Creek. Lot 20 will come off uh, it=ll either come off at the right-of-way, right there where it=s close to the right-of-way on Bob=s Creek or, access will be from the back off of Royalwood Drive. Okay, okay and lot 27 will have to come off of 25, lot 26 will come off Grayson Court, and lot 25 will have to come off Grayson Court.@


Chairman Moyer - AThat satisfactory Ms. McGinnas?@


Sandra McGinnas - AYes.@


Chairman Moyer - AOkay thank you. Uh, Ms. Kappler I guess you, Ms. Kappler not back. Alright um, let the record show that the uh, Ms. Kappler had to step out of the uh, proceeding at this stage. Um, alright um, Mr. Frohn, do you have some evidence you=d like to introduce to the record.@


David Frohn - AThe only thing that, the only thing that I would like to request is when they do the work on this lower section that they upgrade the road better than they have the upper part. Um, I=ve had a lot of problem trying to get Mr. Free to uh, contribute and improve the upper section of the road as he=s still the major property home, holder up there. Um, so we=re just requesting that when he does the work he does it appropriately and does a much better job than what he did on the upper part.@


Chairman Moyer - AOkay. Any questions from any of the parties uh, for Mr. Frohn. Uh, Mr. Laughter do you have any questions, comments? Staff? Ms. McGinnas?@


Commissioner Ward - AMr. Chair would it be appropriate for Karen to state what the ordinance calls for for stone, just for the record for the people in the, at home can understand.@


Karen Smith - AI was just looking that up. Um, in, in having to upgrade that section the stone base is six inches.@


Chairman Moyer - AOkay. Alright um, Ms. McGinnas do you have any evidence that you want to put in the record? Okay and Ms. Kappler is um, not here at the uh, the time. We=ll go back to, we=ll then go to um, is there any additional evidence any, Jon do you have any additional evidence from your side you want to put in.@


Jon Laughter - ANo sir.@


Chairman Moyer - AKaren.@


Karen Smith - ANo sir.@


Chairman Moyer - AAny other parties have additional evidence. Alright then we will go to uh, we, supposedly rebuttal evidence and closing comments but you don=t have to have these if nobody has them we can just uh, proceed. So if there=s nothing else to be said, but if you have concluding comments, and of the parties wanna pull things together in final statements we can do that. Uh, closing comments? Karen.@


Karen Smith - ANo, we don=t have any.@


Chairman Moyer - AJon, do you have any closing comments you want to make?@


Jon Laughter - AWell I will be responsible for monitoring the, the improvements on the section of roadway that, that we=re gonna do if we get the variance. And I will certainly see that we get the width we stated we would get, and the full six inches of stone.@


Chairman Moyer - AOkay. Just again, just for clarification now there=ll be a 16 foot travelway in all places, six inches of stone. The only thing the variance will deal with is the size of the shoulder, a minimum of two and up to six where possible. Is that correct?@


Jon Laughter - AUh, that=s it, that=s correct.@


Chairman Moyer - AOkay thank you. Any other parties have any closing uh, remarks that they=d like to make? Alright then I think we can uh, all the evidence has presented and the closing comments have been made it will be appropriate for us to uh, discuss the issues and decide whether we=re ready to take action today. We can either vote today and direct staff to bring back findings of fact and conclusions consistent with the decision, and the, and the Board=s discussion, or we can continue our discussion and decision until a later day. Uh, we have 45 days from the conclusion of this meeting to make a decision. Commissioner Gordon.@


Commissioner Gordon - AWell I, I, I think it=s appropriate to put a motion on the floor uh, to accept the findings of the Planning Board in this variance and to approve it and ask our staff to uh, prepare the findings of fact so that it can be completed.@


Commissioner Messer - AI agree with Ms., with Ms. Gordon uh, course I don=t think time is a factor as far as Jon or any other participants that uh, has spoke. Uh, I really don=t think that uh, I think we really need to uh, uh, you know follow through and uh, give the variance uh, as, as presented.@


Chairman Moyer - AI assume uh, Commissioner Gordon in the motion we would clarify the one finding to indicate that we=re talking, the driveway access rather than access to the lots. So that that would be clear. Any further discussion or comment?@


Commissioner Ward - AWell I agree with uh, Ms. Gordon that uh, a hardship to the residents that=s there and the finding of the public safety and welfare is the two ingredients that uh, should be...on, on this subdivision.@


Chairman Moyer - AIt certainly sounds like if the work done as the applicant and Jon have indicated, we will have a much improved situation, a safer situation, a better road, and will solve uh, problems that uh, that are there.@


Commissioner Hawkins - AI would just add I would, I would concur with everyone. I just add the specifics that I think some of the hardships are caused by the outcropping of rocks, and the, and the drop off on the slope. Um, I think the uh, the, it would be an unreasonable cost to have to move that much rock for a couple of feet of shoulder. Uh, and I think that that=s appropriate and certainly from the uh, general purpose of the order and the spirit of it, probably make the road safer and uh, uh, by getting the road upgraded than it is currently so uh, I would ask you to include those in your specific findings.@


Chairman Moyer AOkay. Karen is, is anything arisen that we need to address or are you okay? Alright. Um, Commissioner Gordon has the motion on the floor that we uh, approve uh, the variance that, generally the accepting the finding of facts by the Planning Board with the modification she made and the additions of uh, Commissioner Hawkins and the other commissioner=s comments. All in favor of that motion say aye.@


AAye@ in unison.


Chairman Moyer - AI do wanna thank the parties for coming, and participating in this quasi-judicial proceeding. I hope we=ve been able to satisfy all of your, your concerns. Uh, and I=m sure I can assure you that uh, Jon will make sure that this work is done properly and it=ll be a much improved situation for all of you so. A motion to go out of uh, sorry.@


Jennifer Jackson - AMr. Chairman, we, we will attempt to get that back on your April 1st meeting. Uh, that might be a little tight, but if , if we don=t make that meeting we=ll make that, the 17th, for your order.@


Chairman Moyer - AAlright.@


Commissioner Ward - AI=ll make the motion to go out of public hearing.@


Chairman Moyer - AAll in favor of that motion say aye.@


AAye@ in unison.


Chairman Moyer - AWe are adjourned. Thank you again.@





                                                                                                                                                              Amy R. Brantley, Deputy Clerk to the Board        William L. Moyer, Chairman