Town of Surf City Regular Council Meeting Minutes March 7, 2006

Mayor Guy called the regular monthly meeting of the Surf City Town Council to order at 7:00 p.m. Councilman Medlin gave the invocation, and Councilman Curley led the Pledge of Allegiance. Also present for the meeting were Mayor Pro Tem Albury, Councilmen Helms and Fowler, Attorney Charles Lanier, Town Manager J. Michael Moore, Finance Clerk Jane Kirk and Town Clerk Patricia Arnold.

Presentation Mayor Guy presented Patti Walter with a Proclamation and Plaque honoring her husband, Steve Walter.

Beautification and Appearance Recognitions Beautification & Appearance Chairwoman Connie Paschall presented the Home of the Month for March 2006 to Ronnie & Barbara Laviner located at 18 W. Ridge and the Business of the Month for March 2006 to Dorothy & Ricky Royal owners of Royal Builders of Topsail Island located at 103 Atkinson Point Rd.

Multiple Sclerosis Awareness Proclamation Mayor Guy read the Proclamation for Multiple Sclerosis Awareness Week, March 13-17, 2006.

Approval of Minutes Minutes of the February 7, 2006 Regular Meeting were recommended for approval by Town Attorney Charles Lanier. Motion was made by Councilman Fowler and seconded by Mayor Pro Tem Albury to approve as presented and was carried unanimously.

Public Hearing Mayor Guy recessed the regular council meeting at 7:09 P.M. to open the public hearing for comment on satellite annexation of .56 acres located at 24410 Hwy 17 and is owned by DCNC NC I LLC.

Manager Moore stated that the Town received a request for voluntary annexation of property located at 24410 Hwy 17 belonging to DCNC NC I LLC of .56 acres. Petition was submitted to the clerk on January 12, 2006 and the clerk did do her certificate of sufficiency. The Planning Board recommends that if this property is annexed that it would be zoned at PUD.

Jacquelyn Hardison, 24390 Hwy 17, Hampstead, NC, asked how this would affect her property.

Manager Moore stated that nothing would happen to her property. This particular board has always viewed they will not do a forced annexation on anyone.

Planner Rademacher showed the location of the Dilsheimer property and explained that this lot was to help straighten out the road entrance.

Jacquelyn Hardison asked if there would be a home on the road front. Regular Council Meeting Minutes February 7, 2006 Page 2

Planner Rademacher stated that it would just be roadway for entering and exiting property.

Public Hearing was closed at 7:14 P.M.

Councilman Curley asked why the zoning was recommended to be Planned Unit Development. (PUD).

Planner Rademacher stated to keep all the property consistent for the subdivision.

Councilman Helms made a motion to approve the satellite annexation of .56 acres located at 24410 Hwy 17, owned by DCNC NC I LLC and to set the zoning that was recommended by the Planning Board to PUD. Councilman Fowler seconded motion. Motion carried unanimously. Copy of Ordinance is attached to these minutes.

Public Hearing Mayor Guy recessed the regular council meeting at 7:15 P.M. to open the public hearing for comment on satellite annexation of 15.76 acres located on S. Kingfisher Lane and is owned by Tidewater Landing.

Manager Moore stated that the Town received a request for voluntary annexation of property located on S. Kingfisher Lane belonging to Tidewater Landing of 15.76 acres. Petition was submitted to the clerk on January 20, 2006 and the clerk did do her certificate of sufficiency. The Planning Board recommends that if this property is annexed that it would be zoned at R-10.

Manager Moore read letter written by Jimmy & Jamie Canady. Copy of letter is attached to these minutes. Since Mr. Canady’s property is not included in the property requesting to be annexed all these questions seem to need to be answered by the developer and will all be addressed as it goes through the Planning Board. All permits have to be applied for and all these issued he felt will be addressed.

Randall Newberry, S. King Fisher Lane, stated that she was aware that she wasn’t included in the annexation but she wanted to make sure that the developer and the Council understood that it sounds great but they were not a part of it.

Mayor Guy stated that this Council is not interested in doing an involuntary annexation because of the expense. Voluntary annexations are a win-win proposition for the town by receiving tax dollars without having to put money out.

Manager Moore stated that in talking with the developer they have made it clear that the Town can not give a date when water and sewer would be available and if it is needed before that time the developer would have to bring the service to the town.

Bill Carleton, 80 Oyster Point Lane, was representing some of the neighbors and just wanted answers to Mr. Canady’s questions. The surrounding neighbors paid to have road rocked and it cannot handle additional traffic and just wanted to make sure the developer paves the road. He wants to know what would happen to the road. And ask the Council not to let annexation go Regular Council Meeting Minutes February 7, 2006 Page 3 forward until the road is paved. Pender County stepped up when they set requirements for roads and set requirements for lot sizes so water and sewer quality won’t be degraded. He stated that they couldn’t even get mail and paper delivery down the road because of the road. Pender County was trying to set a precedent that the taxpayers don’t pay for development but that the developers pay for development.

Maybe they can work with the other landowners instead of hitting tax bill to take care of it.

He stated that he would be happy as long as the road gets paved, water and sewer issues are taken care of or minimum lot size is set so the septic and well requirements are going to be set, and covenants for area wind up being consistent with the minimum that they have in their area.

But if the developer wants to make substandard lot sizes with well and septic systems that don’t meet at least the minimum at least the county’s specifications. He stated that he would like to see at the minimum covenants of their area are applied to the new development that Tidewater is going to do.

Mayor Guy stated that Mr. Carleton had valid concerns and we have requirements the developer would have to adhere to with the exception of covenants. There is nothing the Town can do legally and the Town couldn’t get involved in restrictive covenants.

Bill Carleton stated that they would like assurance that the road would be paved before the town annexes or building permits were issued, water and sewer, and minimum lot sizes are dealt with.

Planner Rademacher stated that the road paving across someone else’s property was not within the Town of Surf City’s jurisdiction. We don’t have legal authority to enforce anything on those areas.

Bill Carleton stated that, that reason alone was enough for him to ask the Council not to approve the annexation.

Planner Rademacher stated that the Town does not have development plans but with a R-15 zoning would be required to have minimum of 15,000 square foot lots.

Bill Carleton asked what they were going to do for water and septic on that small of a lot.

Planner Rademacher stated that is why they would have to go before the Town Council and Planning Board with the engineer and require engineer plans to be submitted to the Town. No building permits or lots will be created until it perks.

Bill Carleton stated that Pender County requires one acre for septic system and a well. He encouraged the Council to not accept the annexation tonight but to table it and make sure the road gets paved, minimum lot sizes to at least to adhere to county standards or water and sewer is brought in. Regular Council Meeting Minutes February 7, 2006 Page 4

Mayor Guy stated that the County would have to approve the septic system because that’s where they would have to go to get the septic permit.

Mike Gallant, 756 Cockle Street, stated that they were not required to repair the road past the property however the developer had agreed to do that all the way to Watts Landing Rd. to NCDOT specifications

Nat Smith, Developer, stated that in the contact to the property owner he paid $170,000 on top of the purchase price with the condition that he would get the funds back when he paved the road to Watts Landing Rd. He also stated that all the lots were over 15,000 square feet.

Mike Gallant stated that one of the reasons they asked to annexation with Surf City is for the water and sewer service. If it comes to a point that we need to develop this before we get that we will put in a septic system and private wells as needed. The subdivision will have a state permitted low-density stormwater plan, soil erosion plan, water and sewer plans also to be approved by the State. We intend to put in dry water and sewer lines until services were made available and also a connection would be provided to Mr. Canady. He also stated that the road would be paved before he can sell a lot.

Buddy Heath, 38 Oyster Point Lane, stated that the road was his biggest issue and he would be satisfied if the developer does what he said he would do and if he would give them a letter stating that he would pave the road to Watts Landing Rd.

Nat Smith stated that it was in his best interest to pave the road so he could get this money back and that before any lot could be recorded he must have the road done. He stated that he would need his attorney to look over it before he would give anyone a letter regarding the paving of the road.

Bill Carleton stated that he feels that as long as the Town Attorney heard the comments and would state that he would make sure the road was provided, that it would be ok.

Attorney Lanier stated that it was a private road and the Town doesn’t have the authority to make the developer put it in.

Councilman Medlin stated that the other services was probably not provided because of the lack of development but that maybe with this development they will have enough to run lines for those properties.

Buddy Heath asked that the Council not annex the property until the developer has talked to his attorney about the road.

Mike Gallant stated that they do not want to have to wait 30 more days because of issues outside of the Town’s control.

Public Hearing was closed at 7:45 P.M. Regular Council Meeting Minutes February 7, 2006 Page 5

Mayor Pro Tem Albury stated that the Planning Board would see this project three more times before any development and encouraged everyone to attend the Planning Board meetings to get their questions answered.

Mayor Pro Tem Albury made a motion to approve the satellite annexation of 15.76 acres located on S. Kingfisher Lane, owned by Tidewater Landing and to set the zoning that was recommended by the Planning Board to R-15. Councilman Helms seconded motion. Motion carried unanimously. Copy of Ordinance is attached to these minutes.

Public Hearing Mayor Guy recessed the regular council meeting at 7:48 P.M. to open the public hearing for comment on Text Amendment on Height Requirement.

Planner Rademacher stated that to clarify the specifics of the height ordinance for those applicants eligible to exceed the 48-feet height allowed with a conditional use permit. The Planning Board recommends the following changes to the ordinance:

Add the following items in bold to the zoning ordinance:

4.3 Building Height

The maximum height allowed shall be 48-feet. Mixed use buildings, apartments, condominiums and commercial structures located on the mainland not within the Coastal Overlay District and uses within the Urban Waterfront District as defined by CAMA shall not exceed 48-feet in height but may apply for a Conditional Use Permit not to exceed 60-feet in height. No portion of a building may exceed 60-feet in height.

Height shall be measured to the highest roof peak from the average grade located at the immediate edge of the building pad.

Also, see section 5.4 Exceptions to Height Regulations for more information. The exceptions do not apply to those properties applying for a conditional use permit to exceed 48-feet in height.

Public Hearing was closed at 7:09 P.M.

Councilman Curley asked if this would clarify everything.

Planner Rademacher stated yes it would.

Bill Slack, 922 S. Shore Drive, asked why the Town was redefining the height to allow higher than 48 feet.

Planner Rademacher stated that several months ago Council past an ordinance allowing a Conditional Use Permit to allow 60 feet in height in the Urban Waterfront District and certain lots within the mainland but not on the oceanfront. This ordinance change would reassure that no part of the building would exceed the 60 feet. Regular Council Meeting Minutes February 7, 2006 Page 6

Councilman Helms made a motion to approve the Text Amendment for Height Requirement. Councilman Medlin seconded motion. Motion carried unanimously. Copy of Ordinance is attached to these minutes.

Public Hearing Mayor Guy recessed the regular council meeting at 7:54 P.M. to open the public hearing for comment on Text Amendment on Sign Ordinance.

Planner Rademacher stated that this ordinance proposal was to change the height and allowed for freestanding signs and the maximum square footage allowed for a single sign. Signs in Surf City have typically been developed at a much smaller size than the maximum allowed under the current ordinance. This will ensure that the development patterns that have been traditionally built in Surf City will be maintained.

Planning Board and Staff recommends changing the following to the sign ordinance:

The following language is proposed in the Zoning Ordinance:

Change the following to Section 6.9.6 Prohibited signs:

6) No single sign exceeding one-hundred (100) sixty-four (64) square feet is permitted.

Change the following 6.8 Off-site Signs:

Off site signs are prohibited. Off-site signs which existed at the time of this ordinance’s adoption… Off site signs which become subject to this ordinance, through annexation or planning jurisdiction changes, after its adoption shall be brought into compliance with the one- hundred (100) sixty-four (64) square foot maximum size for all signs within thirty-six months. Off site….

Change the following in Section 6.16 Height:

The height of any sign shall be limited to twenty-four (24) sixteen (16) feet.

Dorothy Royal, 521 Atkinson Point Road, asked if signs now are not exceeding the 100 feet then why change it.

Planner Rademacher stated that the intent was to maintain the low profile and maintain consistency size signs. Sign would be basically the side of 2 sheets of plywood.

Public Hearing was closed at 8:00 P.M.

Attorney Lanier asked if the Lowes sign was conforming and what would happen if the sign were damaged in a hurricane. Regular Council Meeting Minutes February 7, 2006 Page 7

Councilman Medlin stated the Planning Board has planned for their next meeting to address special circumstances regarding hurricane damage but that this change was the start.

Councilman Helms made a motion to approve Text Amendment on Sign Ordinance. Councilman Medlin seconded motion. Motion carried unanimously. Copy of Ordinance is attached to these minutes.

Public Hearing Mayor Guy recessed the regular council meeting at 8:00 P.M. to open the public hearing for comment on PUD Zoning Map Request/Site Plan for Village of Turtle Creek.

Planner Rademacher stated that the applicants are seeking a rezoning from R-10 to PUD for the purposes of building a mixed-use subdivision. The tract is approximately 248 acres in size and is located on highway 210 near the intersection of Atkinson Loop Road on the mainland. The property extends from 210 all the way to highway 17. The surrounding land uses are vacant land and single-family residential homes. Properties within the Surf City limits are zoned R-10 and those within the counties jurisdiction are zoned PD.

The developers are proposing a large residential subdivision on this site with 422 residential units. These units will be a mix of single-family homes, and multi-family units. There is also a clubhouse and pool facility to be constructed on this site. The single-family homes and clubhouse are proposed to be constructed between the Progress Energy ROW and Highway 210 and the multi-family being constructed between the Progress Energy ROW and Highway 17.

The 218 single-family home lots will all be a minimum of 7500 square feet in size as required in the PUD ordinance. The overall density of this project will not exceed the density allowed on the 248 acres in the R-10 district.

The Multi-family portion of this project meets the requirements of the parking ordinance with the provided parking lots. The multi-family units will also have parking under the buildings.

Water and sewer plans have been designed in accordance with the ordinance and have been reviewed by the appropriate town departments. These lines will be stubbed out to adjoining properties for future connectivity.

The proposed road system meets the requirements of the ordinances and will consist of Public streets with sidewalks and street trees. The fire department has reviewed the streets and the roundabouts and is comfortable in the design and their ability to maneuver emergency vehicles.

The developer has put together an extensive landscape plan as requested by the staff and planning board.

Elevations of the proposed buildings have been submitted to the town and show diversity in building design for the multi-family, single-family, duplexes and community center.

The project exceeds the standards for open space and recreational facilities required with a large community center building and several areas of open space. Regular Council Meeting Minutes February 7, 2006 Page 8

All state permits will need to be obtained for the construction of this project.

The planning board recommends approval a rezoning to PUD. Also, after several meetings and revisions to the site plan with the developer making changes and clarifications to the proposed project the planning board recommends approval of the site plan

Mayor Pro Tem Albury asked when the project was going to be started.

Gus Simmons, Cavanaugh and Associates, stated that permits were underway with the earliest as mid summer of this year.

Councilman Curley asked when occupancy was expected.

Tom Miner, 401 City Ave, Suite 710, Bala Cyneyd, PA 19004, stated that they are expecting occupancy in the 4th quarter of this year.

Councilman Curley asked if the town could handle that. Council was told 18 months before water and sewer would be available for that area.

Gus Simmons stated that based on availability this project will not encumber the system and that they are doing the project in a phased development approach.

Tom Miner stated that they recognize that there is no obligation to the Town and the project will connect when the town made systems available.

Councilman Medlin stated that the Planning Board asked for a presentation, which they provided with a power point that was great.

Barry Newsome, Planning Board Chairman, stated that this looks to be a beautiful project.

Mark Baldridge, 227 Lodge Hall Rd., stated that he is going to have to use their road to enter his property and asked if plans were in place for traffic coming to this development and Salt Water Landing across the street.

Mayor Guy stated that the Council has been working with NCDOT to get road widen and is still requesting for a center turn lane. A letter was received by NCDOT stated that a traffic light will be installed at Hwy 210/50.

Planner Rademacher stated that there is also an entrance onto this property by Hwy 17 and Atkinson Point Road and turn lanes are required by NCDOT.

Jacquelyn Hardison asked how close would the first house be to her property, who would do clean up of the property after previous tenant moves home, street lights, and basic price of units proposed. Regular Council Meeting Minutes February 7, 2006 Page 9

Tom Miner stated that she would not be able to see the first home from her house. Due to NCDOT restrictions it will have a right in and right out onto Hwy 17 for the entrance and exit to the property. He stated that the previous owner wanted the modular unit and that Dilsheimer will clean up the lot, landscaping on the property line, keeping the large live oak and enhancing the pond. There will be property screening and the house would be set back 200 feet from the property line. NCDOT requirements will determine the street lights needed at the intersection at Hwy 17 and he felt the homes would be in the $200,000 to $300,000 range.

Public Hearing was closed at 8:16 P.M.

Mayor Pro Tem Albury made a motion to approve PUD Zoning Map Request/Site Plan for Village of Turtle Creek. Councilman Fowler seconded motion. Motion carried unanimously. Copy of Ordinance is attached to these minutes.

Resolution on Directing the Clerk to investigate a petition for non-contiguous annexation and set a public hearing – Charles & Mable Holley 1.00 acres Mayor Guy stated that a petition for satellite annexation of property located on Hwy 50 was received from Charles & Mable Holley on February 3, 2006.

Councilman Fowler made a motion to direct the Clerk to investigate a Petition for satellite annexation, to set a Public Hearing date for April 4, 2006 and send the request to the Planning Board for zoning recommendation. Councilman Medlin seconded motion. Motion unanimously carried. Copy of Resolutions is attached to these minutes.

Resolution on Directing the Clerk to investigate a petition for non-contiguous annexation and set a public hearing – James & Dorothy Brown 1.99 acres Mayor Guy stated that a petition for satellite annexation of property located on Hwy 50 was received from James & Dorothy Brown on February 3, 2006.

Councilman Fowler made a motion to direct the Clerk to investigate a Petition for satellite annexation, to set a Public Hearing date for April 4, 2006 and send the request to the Planning Board for zoning recommendation. Councilman Helms seconded motion. Motion unanimously carried. Copy of Resolutions is attached to these minutes.

Resolution on Directing the Clerk to investigate a petition for non-contiguous annexation and set a public hearing – James & Sandra Jordan 1.43 acres Mayor Guy stated that a petition for satellite annexation of property located on Hwy 50 was received from James & Sandra Jordan on February 3, 2006.

Councilman Helms made a motion to direct the Clerk to investigate a Petition for satellite annexation, to set a Public Hearing date for April 4, 2006 and send the request to the Planning Board for zoning recommendation. Councilman Fowler seconded motion. Motion unanimously carried. Copy of Resolutions is attached to these minutes.

Sound Point Preliminary Plan (Linda & Larry Batson) Planner Rademacher stated that Linda & Larry Batson have submitted a sketch plan for a 4-lot subdivision located off of Sea Manor Drive. Water and Sewer design has been submitted to Regular Council Meeting Minutes February 7, 2006 Page 10 meet the town’s requirements. Sidewalks meet the requirements of the ordinance. All deficiencies have been corrected.

The Planning Board recommends the approval of the submitted preliminary plan.

Councilman Curley asked what the property was zoned.

Planner Rademacher stated MHS (single-family and manufacture homes class A&B).

Mayor Pro Tem Albury made the motion to approve the Sound Point Preliminary Plan. Councilman Helms seconded motion and motion was carried unanimously.

Beach Care Office Planner Rademacher stated that the applicants are seeking approval of 5724 square foot medical facility to be located on Highway 50/210. The property is zoned C-3 Commercial and does allow for this type of use to be constructed. The property is adjacent to the existing Thomas Seafood. The project area consists of .595 acres with a mix of uplands and wetland on the site. The Wetlands areas have been determined and a fill permit for parking areas and a portion of the driveway have been applied for. The parking requirements meet the requirements of the ordinance and landscaping has been designed to meet the codes. Parking lot connectivity has been provided to connect to the adjoining commercial property and must be opened up with construction as the neighboring commercial business is in operation. Sidewalks and driveway design have been shown and will need to be approved by the NCDOT. A stormwater plan has been submitted with all water on the site being sent to an underground system. The driveway is to be a shared driveway with the adjoining lot, as the ordinance does not allow for individual driveways to be constructed for each lot.

The Planning Board recommends approval of this site plan as it meets the requirements of the ordinance and recommends that the future connectivity wording be removed and shown on the map as just connectivity.

Mayor Pro Tem Albury made the motion to approve the Beach Care Office. Councilman Medlin seconded motion and motion was carried unanimously.

Royal Palm Motelminium/Retail Space Planner Rademacher stated that the applicants are seeking approval of 24-unit motelminium project with and additional 8000 square feet for up to 8 commercial retail/office units. The property is zoned C-3 commercial and does allow for these types of uses. The site is located on the right hand side of highway 50 if you are coming from the island. The project area is slightly over 1 acre in size and the developers are showing compliance with storm water, landscaping and the current parking calculations. Parking lot connectivity has been shown to the adjoining properties as is required in the ordinance. Sidewalks are shown in the ROW and will need to be approved by NCDOT. The driveway has been reviewed by NCDOT with the applicant being required to construct a deceleration lane. All town departments have reviewed these plans for compliance with the ordinances. The fire department is pleased with changes made that will allow for proper ingress/egress of the ladder truck. Also, the fire department has requested the Regular Council Meeting Minutes February 7, 2006 Page 11 developer install an 8-inch water line and gets it on either side of the driveway for future water connectivity and water looping as development continues on this side of highway 50.

The Planning Board recommends approval of this site plan as it meets the requirements of the ordinance.

Councilman Helms made the motion to approve the Royal Palm Motelminium/Retail Space. Councilman Fowler seconded motion and motion was carried unanimously.

Request for use of Roland Beach Access Gazebo Mayor presented Council with a request from Tim Powell, ESA/CNC, for the use of the Roland Beach Access Gazebo on: March 25/26 back-up weekend April 1/2 April 22/23 back-up weekend April 29/30 May 13/14 back-up weekend May 20/21 June 10/11 back-up weekend June 17/18 August 5/6 back-up weekend August 12/13 September 2/3 back-up weekend September 9/10

Councilman Helms made the motion to approve the use of the Roland Beach Access Gazebo. Councilman Medlin seconded motion and motion was carried unanimously.

Tax Releases Finance Clerk Jane Kirk presented a list of tax releases that were initiated by the County due to Clerical errors.

Mayor Pro Tem Albury made the motion to approve the tax releases. Motion was second by Councilman Medlin and unanimously approved. List of released taxes are attached to these minutes.

List of Taxpayers owning taxes February 2006, and request for advertising date Finance Clerk Jane Kirk presented a list of taxpayers that have not paid their taxes as of February 2006. Request was made that the Council set an advertising date of May 3, 2006 for the taxes that have not been by April 26, 2006.

Motion was made by Mayor Pro Tem Albury and second by Councilman Fowler to approve the advertising date. Council unanimously approved the motion. List of unpaid property taxes are attached to these minutes.

ABC Distribution Resolution Mayor Pro Tem Albury made the motion to approve the ABC Distribution Resolution. Motion was second by Councilman Helms and unanimously approved. Copy of Resolution is attached to these minutes.

Guard and Reserve Proclamation Regular Council Meeting Minutes February 7, 2006 Page 12

Councilman Helms made the motion to approve the Guard and Reserve Proclamation. Motion was second by Councilman Medlin and unanimously approved. Copy of Resolution is attached to these minutes.

Public Forum No Public Comment.

Council Forum Councilman Curley thanked everyone for coming stating it was an interesting meeting,

Councilman Medlin thanked each and everyone. He also thanked all the volunteer groups and invited everyone to come back and to attend the Planning Board meetings.

Mayor Pro Tem Albury thanked all for coming and thanked the Police Department for solving the recent break-ins so quickly.

Councilman Fowler reminded everyone of the Grand Opening of the Community Center that would be April 22, 2006 at 5:00 pm.

Mayor Guy announced that J.H. Batts Rd. is being considered as economic development and will be paved by NCDOT.

Councilman Helms appreciated everyone coming and sharing suggestions and comments.

Mayor Guy thanked everyone for making the Town what it is and stated that he appreciated everyone.

Manager Report  NCDOT to pave from Roland Ave to the s curve 1.3 miles.  Budget process will be starting soon.  12” force main from JOEMC pump station to the existing WWTP should be complete by the end of May.  Old Camp Davis line replacement bids to be opened March 21st.  Water tank should be painted and online before summer.  WTP and WWTP are in permitting stages.

Town Attorney Report No report at this time.

Closed Session 8:45 p.m. In compliance with G.S. 143-318.11(a)(3) – Attorney/Client privilege upon the motion of Councilman Medlin, second of Mayor Pro Tem Albury and unanimously carried.

Regular meeting reconvened at 9:00pm. Regular Council Meeting Minutes February 7, 2006 Page 13

Cindy’s Oceanside Lease Mayor Guy stated that Cindy’s Oceanside has requested that the lease be extended for 3 years past her December 2006 deadline.

Motion was made by Councilman Fowler and second by Councilman Medlin to approve extending the lease for one year, then on a month-to-month basis with no additional improvements being made. Council unanimously approved the motion.

Adjournment There being no further business the meeting was adjourned at 9:01 p.m. upon the motion by Mayor Pro Tem Albury and seconded by Councilman Helms. The Council unanimously approved motion.

______Patricia E. Arnold, Town Clerk A. D. (Zander) Guy, Jr., Mayor