11/18/03 Meeting Minutes, Town of Holly Springs

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Nov. 18, 2003 in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street. Mayor Dick Sears presided, calling the meeting to order at 7 p.m. A quorum was established as the mayor and four board members were present as the meeting opened. At this time, there is a vacancy on the Board of Commissioners.

Board Members Present: Commissioners Mike Taylor, Chet VanFossen, Peter Atwell, Hank Dickson and Mayor Sears.

Board Members Absent: None.

Staff Members Present: Carl Dean, town manager; Charles Simmons, assistant town manager; John Schifano, town attorney; Joni Powell, town clerk, (recording the minutes); Drew Holland, finance director; Len Bradley, director of parks and recreation; Stephanie L. Sudano, director of engineering; Kendra Thompson, senior engineer; Alysia Bailey, senior planner; and Gina Bobber, planning director.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Horace Ferguson, pastor of the United Methodist Church of Holly Springs.

4. Agenda Adjustment: The Nov. 18, 2003 meeting agenda was adopted with changes, if any, as listed below.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

Items Added to the Agenda: Recognition of the Holly Springs Yellow Jackets was added as agenda item 5b.

Agenda Items Removed: None.

Other Changes: None.

5a. Recognition of Emma Spurr - Mayor Sears presented a plaque commemorating 7-year-old Emma Spurr’s lesson in government during her experience at the Town Hall dedication ceremony in August. Emma’s mother had written a column about her daughter’s perspective in the Holly Springs Sun.

5b. Recognition of the Holly Springs Yellow Jackets - Commissioner Dickson presented a proclamation recognizing the Holly Springs Yellow Jackets for their successful 2003 season. In addition, certificates were presented to the players and their coaches.

6a. Public Hearing: 03-DP-08 Scot’s Laurel Townhomes - Ms. Bailey explained to the Board members that after the public hearing on the town home section (03-DP-08), several actions are requested for the Scot's Laurel development plan. She explained that a public hearing was held for 03-DP-04, the Scot’s Laurel overall development plan, on Sept. 16, 2003. She said no comments were recorded during that public hearing, and action was postponed at the request of the applicant until the townhome portion of the development was brought before the Town Board for its public hearing and action.

Ms. Bailey said the Scot’s Laurel master plan was designed using development incentives for R‑8 residentially zoned land off of Kildaire Farm Road. She said the development proposes 145 lots, which would include 58 townhomes and 87 single-family homes.

Ms. Bailey said the townhomes are before the Town Board for determination during the public hearing on the architecture and site design, which is required for all multi‑family residential development. Ms. Bailey said that after the public hearing on the townhome architectural features and site design, the Town Board will be requested to consider the following actions:

1) make findings of fact and determination on whether to grant waivers for development plan 03‑DP‑04, Scot's Laurel (as a whole), based on input and information from the Sept. 16, 2003 Town Board public hearing;

2) consider approval of 03‑DP‑04, Scot's Laurel master plan (as a whole); and

3) consider approval of development plan 03‑DP‑08, Scot's Laurel (townhome section) based on input and information provided at this meeting.

Ms. Bailey added that the applicant requests that the Town Board actually combine its consideration of 03-DP-04 and 03-DP-08 into one action. She noted for the Board that the request is due to certain legal considerations in the exchange of land and it was at the Board’s discretion whether to honor the request or not.

In introducing the public hearing topic, Ms. Bailey said the townhomes within this development would be required to meet the architectural and site design requirements of the R‑MF‑15 multifamily residential district and setback regulations as set forth in the Development Incentives section of the UDO, which was recently amended to allow for multi-family units with front-loaded garages. She said the developers of the Scot’s Laurel townhomes have agreed to provide a minimum of a 25-foot front yard setback or provide a decorative driveway and are required to meet the UDO spacing requirements between buildings as designated in the R‑MF‑15 district.

Ms. Bailey said that the parking requirements for multi-family dwellings are to provide three spaces per 3-bedroom unit, plus an additional 5% of the total calculated spaces for guest parking. She said each townhome unit would be providing for two off-street parking spaces and several areas on the plan feature parking within the right‑of‑way.

Ms. Bailey said the foundation landscaping is required around the perimeter of the multi-family dwelling units. She said the proposed townhomes have been designed using multiple building materials, surface textures, colors, and architectural elements. The homes would consist of a combination of either brick or stone, and concrete composite siding or masonite siding, also utilize dormers, shutters, railings, and decorative vents, she said. In addition to providing varying materials and architectural elements, the homes would be designed using decorative garage doors or garage door openings, and varying roof pitches.

Ms. Bailey said that this project would front Kildaire Farm Road, which is on the Town’s Thoroughfare Plan. The developer would be required to widen the frontage half of a 74-foot back to back on 100’ right-of-way.

Ms. Bailey said this site lies within the Neuse River Basin and is subject to the Neuse buffer regulations. The developer is proposing to have some permanent on-site retention areas to control drainage.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:

Mr. David Lazzo of Arcadis Development – Mr. Lazzo, representing the Sunstar Communities development company that hopes to build Scot’s Laurel, addressed the Board to give a brief presentation on the development proposal. He told the Board that the plan for Scot’s Laurel is to provide quality high-end single-family homes and higher-end town homes with character and curb appeal.

He told the Board he felt the development’s presence on Kildaire Farm Road would greatly improve the appearance of the site, which is not vacant land surrounded by manufactured homes.

He pointed out that the proposal meets all the requirements of the Town’s regulations.

Mr. Lazzo then stressed that the applicant would appreciate the Town Board’s combining its consideration of 03-DP-04 (Scot’s Laurel master plan) and 03-DP-08 (Scot’s Laurel townhomes section) into one action.

There being no further comments, the public hearing was closed.

Commissioner Atwell pointed out that the development would not front Kildaire Farm Road so much as back up to it. Therefore, he reasoned, the development would not improve the appearance of the entrance into town on that roadway. He said the only portion of the development that would appear on Kildaire Farm Road would actually be the rear of a few of the townhome units, and he did not think that would be attractive.

Ms. Bailey said that Commissioner Atwell was correct, but she also added that the Town’s ordinance requires that the rear of those units be provided with additional architectural features that would mitigate the rear view of the townhomes so that they would not appear to be the backs of buildings.

A spokesman for the company added that the firm also planned to provide a decorative brick fence that would improve the appearance of the property from Kildaire Farm Road.

Commissioner VanFossen said he felt that the parking should be reworked to bring it closer to some of the homes.

Mrs. Sudano addressed the question. She said the Town’s engineering design standards for the roadway, at this time, would not permit perpendicular parking on public streets as Commissioner VanFossen suggests. She said that if the Board were to direct, staff could revisit the idea and work with the petitioner to work that type of parking into the design during the construction drawing phase.

The Board consensus was that this was an acceptable option.

Direction: The Board directed that staff work with the petitioner to redesign the parking during the construction drawing phase so as to allow 90-degree parking in some areas.

Action #1: Having made the necessary findings of fact, the Board approved a motion to accept those findings and to direct the Town Clerk to record their findings in the minutes and to grant a waiver of regulations of Unified Development Ordinance Section 2.05: R‑8 residential district to allow for the use of development incentives in the R‑8 residential zoning district in conjunction with development plan petition #03‑DP‑04 for Scot’s Laurel as submitted by Arcadis, Project Number NC403013, dated Revised Nov. 10, 2003.

Findings of Fact by the Town Board ordered to be recorded in the minutes: 1) The use of area properties will not be adversely affected

2) The proposed development will be in compliance with the minimum development requirements set forth in UDO Section 2.09, B.

3) The proposed development will be in compliance with the provisions of UDO Section 2.09, C., 1.

4) The proposed development will be in compliance with the additional development requirements set forth in UDO Section 2.09, C., 2.

5) The proposed development will be in compliance with the applicable project open space requirements set forth in UDO Section 7.10 – open space regulations of the UDO.

6) The proposed development is appropriate to the site and its surroundings.

7) The proposed development is consistent with the policy statements of the Comprehensive Plan.

8) The proposed development is consistent with the intent and purpose of this UDO.

Motion By: VanFossen

Second By: Taylor

Vote: Unanimous

Action #2: The Board approved a two-point motion to (1) approve Development Plan #03‑DP‑04 for Scot’s Laurel as submitted by Arcadis, project number NC403013, dated revised Nov. 10, 2003 with the following nine (9) conditions:

1. Townhome elevations shall be submitted for full development plan review, which includes review by staff, a recommendation by the Planning Board, and public hearing and final determination by the Town Board of Commissioners prior to issuance of a UDO/building permit.

2. The future development of the recreation area involving placement of a structure, or structures of any kind must be submitted for full review in accordance with the UDO and the Development Procedures Manual for a development plan.

3. Sign applications must be submitted to and approved by the Department of Planning & Zoning prior to the installation of any signage‑temporary or permanent.

4. Credit will be given for the area within the public greenway easement and for the greenway construction at a rate of $17/linear foot, and a fee‑in‑lieu shall be required for the remaining units at the rate of $833 per unit.

5. Construction drawings will be required for this project before construction can begin. It is the responsibility of the developer/engineer to ensure that this plan move forward to the construction stage within the time line required to maintain the vested rights to remain under the Town’s buffer regulations that were in place on the date that the development plan petition was submitted. During the review of these plans the Town buffer regulations have changed. Since this plan was in the review cycle prior to this change they will be “grandfathered” with the existing buffers subject to remaining in the construction drawing and construction timelines to keep plan approvals from expiring.

6. An engineered drawing of the retaining wall may be required at construction drawing submittal.

7. A fee‑in‑lieu of pump station upgrade is required of this site. A developer agreement covering utilities (water and sewer) is in place for this project.

8. During construction drawing review, staff specified the location and modifications to the items listed below are needed to gain construction drawing approval.

Commissioner Atwell was adamant in his position on townhomes. He said he feels the Town does not need to approve any more townhomes, period. He said he does not feel that the price point would be adequate to protect the Town from draining its resources.

Mr. Lazzo estimated that the price point for the base single-family homes in the Scot’s Laurel development would range between $210,000 and $240,000. He said the townhomes would sell for between $160,000 and $180,000. Familiar with the Tischler study the Town uses as a guide to determine what price ranges of homes would allow the Town to “break even,” Mr. Lazzo said the study illustrates that the break-even point for multi-family housing is $160,000.

He pointed out that the developer has worked extensively with the Town staff to ensure that the Scot’s Laurel development plan would meet the goals the Town is striving to achieve.

Commissioner VanFossen said the proposal has an attractive density, providing a compromise between R-30 and RMF-15; he added that he felt the townhomes would appear as a two-story home and he doesn’t feel frontage on Kildaire Farm Road would be unattractive.

Commissioner Atwell maintained that he does not feel the Town should allow any more townhomes to be built.

Commissioner VanFossen pointed out that the only way to do that would be to eliminate townhomes from the UDO. Until then, he said, they are allowed, and the Town Board should not prohibit them unless the regulations are changed.

Commissioner Atwell maintained that he doesn’t like townhomes. He said he would feel better if the townhomes illustrated on the plan were single-family homes instead.

Commissioner Taylor said if the Town Board keeps the Tischler study as the benchmark, he and his family would not be able to afford to buy a home in Holly Springs. He said the town is in danger of becoming exclusive and not inclusive and that it should not expect that only higher-end single-family estate home developments would be brought before the Board.

Commissioner Atwell countered, maintaining his feeling that townhomes were not needed in Holly Springs.

Mayor Sears called for a vote on the motion. He said the motion on the floor was for the Board to approve both Development Plan 03-DP-04 and 03-DP-08 with associated conditions.

Vote: The vote on the motion resulted in a 2-2 tie. Commissioners Taylor and VanFossen voted for. Commissioners Atwell and Dickson voted against. Mayor Sears voted in favor of the motion, breaking the tie and carrying the motion.

6b. Public Hearing: 03-REZ-06, Holly Meadow Drive -- Ms. Bailey explained that the applicant is proposing a zoning map change to rezone +/‑ 0.67 acres of land, located off of Holly Meadow Drive, north of Avent Ferry Road. The request is to rezone the property from NV: Neighborhood Village District to R‑10: Residential District. The proposed rezoning is located within an area designated for medium-density residential development according to the Town’s Ten‑Year Comprehensive Growth Plan. Medium-density residential areas are to be developed at a density of two to five units per acre. Down‑zoning this property from NV to R‑10 would render it more compatible with the Holly Glen Subdivision located to the north and west, Ms. Bailey said.

With that explanation completed, Mayor Sears opened the public hearing. The following comments were recorded:

Mr. and Mrs. Angelo – Mr. and Mrs. Angelo are adjacent property owners and spoke in opposition to the rezoning request, stating that they did not want townhomes built on the property as has been reported.

Samantha Clark, 109 Holly Branch Drive – Ms. Clark, who is an adjacent property owner said she was opposed to the rezoning. She said she is concerned about what would go there and does not want townhomes to be built on the property. She said she would prefer that it stay wooded, but that if it had to be developed, she would prefer that it be only single-family homes.

Commissioner VanFossen explained that the property is currently zoned Neighborhood Village, which is a sort of commercial zone. He said the petitioner is requesting a residential zone of R-10 for the property, which is the same zone as the remainder of Holly Glen. He pointed out if the adjacent property owners are concerned about the loss of the wooded area, then perhaps the Town should retain the current NV zoning, which would require at least a wooded buffer.

Mr. Dean reported that the subject property was being proposed as a lot for three homes and would serve as a division between a pending townhome project between Holly Glen proper and Avent Ferry Road. He noted that the townhome section has not been discussed with the town by the property owner for several months.

Ms. Bobber explained that the subject property was once zoned C-1 and upon adoption of UDO, it was downzoned to NV to render it more compatible with the surrounding subdivision.

She also noted that the applicant has asked that, following the public hearing, the Board delay action until more solid plans for the property are devised.

Mayor Sears suggested that the public hearing input and board comments be forwarded to the petitioner.

There being no further comments, Mayor Sears closed the public hearing.

Commissioner Atwell said, as it stands, the property could be developed with some light commercial uses with a light opaque perimeter buffer. He asked if the board could require a thicker buffer as a term of approval of a potential commercial use.

Board Direction: Mayor Sears communicated to staff the Board’s direction that the applicant be advised that a heavy wooded buffer is a concern.

Action: The Board approved a motion to defer action on Rezoning Petition 03-REZ-06 as requested by the applicant.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

7. Consent Agenda: All items on the Consent Agenda were approved following a motion by Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote. Note: Commissioner Dickson and Commissioner Atwell stressed that they would hope the Scattered Sites CDBG project (Item No. 7e) could be applied to structures that exist on visible thoroughfares. The following actions were affected:

7a. Town Hall Construction Contract Change Orders - The Board approved final change orders to the Town Hall construction contract in the amount of $4,355. A copy of the Town Hall construction contract change orders are incorporated into these minutes as addendum pages.

7b.Budget Amendment, $15,000 - The Board adopted budget amendments to the FY 2003‑04 budget in the amount of $15,000 to cover the cost of additional Main Street widening in conjunction with the Quick Lube site development. Copies of the budget amendments are incorporated into these minutes as addendum pages.

7c. Budget Amendment, $3,750 - The Board adopted a budget amendment to the FY 2003‑04 budget in the amount of $3,750 to accept insurance reimbursement for a damaged fire truck. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7d. Budget Amendment, $200,000 and Ordinance 03-19 - The Board adopted a budget amendment to the FY 2003‑04 budget and project ordinance 03‑19 in the amount of $200,000 to establish a special revenue fund for the town’s Public Safety Answering Point. A copy of the budget amendment and Ordinance 03-19 are incorporated into these minutes as addendum pages.

7e. Budget Amendment, $100,000 and Ordinance 03-20 - The Board adopted a budget amendment to the FY 2003‑04 budget and project ordinance 03‑20 in the amount of $100,000 for the Scattered Site II housing rehabilitation fund. A copy of the budget amendment and Ordinance 03-20 are incorporated into these minutes as addendum pages.

7f. Budget Amendment, $4,100 - The Board adopted a budget amendment to the FY 2002‑03 budget in the amount of $4,100 to cover the interest payment for loan refinancing due to changes in Local Government Commission approval from the original loan. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7g. Scot’s Laurel Developers Agreement - The Board approved reassignment of the Scot’s Laurel developer agreement from Cedar Queen Development to Don Galloway Homes, contingent on the transfer of the Stone tract. A copy of the Scot’s Laurel developer agreement is incorporated into these minutes as addendum pages.

7h. Minutes - The minutes of the Board’s regular meeting held on Nov. 4, 2003 were approved.

8. Holly Springs / Cary Annexation Agreement – Mr. Dean explained that during October and November, the Towns of Cary and Holly Springs held public hearings to receive input on a proposed annexation boundary between the two towns. He said that the three maps in agenda packets included the original map that shows a proposed line that roughly follows a ridge line and divides the area just east of Holly Springs into two areas, each draining to different basins; a second map illustrating a shifted line to accommodate property owner comments received during public hearings; and a third map illustrating an option that would use the 540 Loop as a dividing line.

Mayor Sears reported that the Cary Town Council deferred action on this question and that he would suggest the Holly Springs Town Board also defer action until some of the property owners provide more input as to which side of the line they would prefer being placed.

Action: The Board approved a motion to defer action on the proposed boundary agreement until property owners affected by the proposal provide further input.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

9a. Fire Station Project Architectural Design Bid - Mr. Simmons said the request before the Board is to award a contract with an architectural firm to begin work on the design and eventual project administration associated with the new fire station to be located off of Holly Springs Road. Mr. Simmons said that requests for architectural proposals to perform this work were advertised, with the deadline for acceptance of proposals set for Sept. 24. Mr. Simmons said that the Town received seven architectural proposals on or before this date.

Mr. Simmons said that the architectural review committee was established at the Oct. 21 Town Board meeting, and the committee reviewed the presentation of four firms that were selected to make presentations. They were the following: Williard Ferm Architects, PA; Rairden Architecture; Heery International, PC; and Little Diversified Architectural Consulting.

Mr. Simmons said that the presenters were provided space programming results for the fire station as well as a site map for the fire station. He said presentations and questions and answers centered around relevant experience with the design and construction of fire stations.

Mr. Simmons said that staff and the architectural review committee recommend that the Town Board award the contract to Little Diversified Architectural Consulting as the Town’s first choice. He added that the review committee recommends Heery International, PC, as the second-highest rated firm.

Action #1: The Board approved a motion to enter a professional services agreement with Little Diversified Architectural Consulting for the design and eventual project administration associated with the new fire station project located off of Holly Springs Road.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Action #2: The Board approved a motion to authorize the Town Manager to enter the contract on behalf of the Town of Holly Springs.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of the Little Diversified Architectural Consulting contract and bid calculations are incorporated into these minutes as addendum pages.

9b. Overhead Utility Relocations -- Ms. Thompson explained that at an earlier meeting the Town Board approved a plan for overhead utility relocations necessary for the NC 55/Holly Springs Road intersection project. Ms. Thompson said that Progress Energy has finalized the chosen utility relocation design and has almost wrapped up the necessary easement acquisitions. Ms. Thompson said the request before the Board is to approve entering an utility relocation agreement with Progress Energy to complete the associated work.

Ms. Thompson said that originally Progress Energy submitted a cost estimate of $88,852.84 (which staff had previously delivered to the Town Board); however, at that time, staff had also requested that Progress Energy submit actual proof of easement in the location of their poles in order for the Town to move forward.

Ms. Thompson said since that time, Progress Energy has provided this information, and the Town’s estimated cost for this work has been reduced accordingly to $27,521.91. She noted that the proposed agreement includes $27,521.91 as the estimated cost; however, it requires the Town to pay for actual final costs, whatever they may be.

Action: The Board approved a motion to allocate $30,000 ($27,521.91 plus a10% contingency) and to enter a utility relocation agreement with Progress Energy, subject to the following conditions:

1. That verbiage changes be added to the agreement as recommended by the Town Attorney that a professional engineer would notify the Town prior to the cost’s exceeding the estimate and that the work would be billed within 60 days; and

2. That the agreement would be subject to any changes requested and approved by the engineering director and the town attorney

Motion By: VanFossen

Second By: Taylor

Vote: Unanimous

A copy of the Progress Energy utility relocation agreement for the NC 55/Holly Springs Road intersection project is incorporated into these minutes as addendum pages.

9c. Sunset Ridge Flood Study ‑ Ms. Thompson explained that Sungate Design Group (SDG) has completed work on upgrading a drainage study of a portion of the Sunset Ridge Subdivision area. She said the tributary area included in this model originates at the Holly Ridge Elementary and Middle Schools and Crescent State Bank (all located on Holly Springs Road) and extends through phase 11 of Sunset Ridge, past Gable Ridge Lane down to Salem Ridge Road, ultimately joining Middle Creek just downstream of Bass Lake.

Ms. Thompson said this model was used to develop a map which shows the preliminary flood limits for a 100-year storm event in this basin. She said the analysis includes all existing development plus future zoning in the basin. She said in reviewing this information, staff believes that more analyses is necessary in order for the Board to consider and make decisions about possible improvements in this basin, including: (a) inserting the proposed upstream Norwalk culvert into the model to more accurately quantify the benefit in flood reduction to downstream properties (this culvert is being required by staff to be installed with a current development project at a reduced diameter to help mitigate the downstream flooding), (b) running the 25-year storm event to see flooding levels (in addition to the 100-year storm event already analyzed), (c) collecting additional survey information for calibrating the model, (d) evaluating some alternative improvements, and (e) preparing the report to summarize these results.

Ms. Thompson said that after these additional steps are completed, the consultant and staff will present the additional information plus a full report on the basin to the Board with a recommendation of whether or not to undertake additional capital projects or improvements in the area. She asked the Board to note that one capital project – repair and maintenance of a ruptured culvert will be necessary, at a minimum.

Action: The Board approved a motion to enter a professional services agreement at a cost of $10,000 with Sungate Design Group, P. A. to complete additional scope in the Sunset Ridge subdivision flood study with the condition any further negotiation will be bought before the board for approval.

Motion By: Atwell

Second By: Taylor

Vote: Unanimous

A copy of the Sungate Design Group, P.A. professional services agreement for the Sunset Ridge subdivision flood study is incorporated into these minutes as addendum pages.

10. Public Comment: At this time, an opportunity was provided for members of the audience who had registered to speak to address the Board on any variety of topics not listed on the night’s agenda. The following citizens were heard: None

11. Other Business: The Town Clerk reported to the Town Board that Deputy Town Clerk Linda Harper had been designated a Certified Municipal Clerk by the International Institute of Municipal Clerks, following two years of study and experience.

Commissioner Atwell asked if the town is, like Raleigh, emphasizing the screening of retention ponds. Mrs. Sudano reported the town could address this in its design standards. Commissioner Atwell suggested that the Town encourage developers to make retention ponds into amenities.

Commissioner Atwell suggested that the Town Board limit the number of proclamations it issues.

Commissioner Taylor asked about the Bass Lake Retreat center, noting that the pilings look crooked.

12. Manager’s Reports: None

13. Closed Session: The Board approved a motion to enter Closed Session, pursuant to G.S. 143‑318.11(a)(3), to discuss matters of pending litigation with the town attorney

Motion: VanFossen

Second: Atwell

Vote: Unanimous

General Account Closed Session – November 18, 2003

The Board discussed with the Town Attorney the matter of Thompson Grading vs. the Town of Holly Springs and provided direction. Also discussed was the potential for litigation between the Town and a property owner at the intersection of Holly Springs Road and NC55 whose property may be condemned for the intersection improvement project.

‑ End General Account

Action: The Board approved a motion to reenter Open Session.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

14. Adjournment ‑ There being no further business for the evening, the Nov. 18, 2003 meeting of the Holly Springs Board of Commissioners was adjourned at 10:40 p.m. following a motion by Commissioner Dickson, a second by Commissioner Atwell, and a unanimous vote.

Respectfully Submitted on Tuesday, December 2, 2003.

_________________________________

Joni Powell, CMC

Town Clerk

Addendum pages as referenced in these minutes follow and are a part of the official record.