April 3, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 453 Meeting of the Johnston County Board of Commissioners April 3 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 3 , 2006 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , April N Byrd , Clerk to the Board , Deva C Holt , Deputy Clerk , and J Mark Payne , County Attorney 1 Public Comments - No one spoke at this time 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – March 24 , 28 , 2006 Certified letters were mailed to adjoining property owners on March 23 , 2006 , and notices posted at the locations on January 31 , 2006 for Case 06 - 07 , and January 5 , 2006 for Case 06 - 11 The Chairman opened the Rezoning Hearing for Case 06 - 07 Case 06 - 07 Petition to rezone approximately 1272 acres of a 2705 acre parcel located at 2660 Packing Plant Road SR 1343 just east of its intersection with Old Olive Road SR 1347 in Smithfield Township from Agricultural - Residential AR to General Business Special Use District GB - SUD Owners Applicants Kenneth and Rhonda Ivey Tax ID 15I10010A and 15I10010F Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone approximately 1272 acres of a 2705 acre parcel located at 2660 Packing Plant Road just east of its intersection with Old Olive Road in Smithfield Township from Agricultural - Residential AR to General Business Special Use District GB - SUD The predominant zoning in the area is Agricultural - Residential Owner Applicant Kent Ivey requested the Board approve the rezoning and accompanying special use request to allow him and his wife to operate a small business , including a mini - storage facility , community building , and tanning beds He presented to the Board a petition in support of the requests , signed by all the adjoining landowners , with the exception of Ms Bostic , whom he could not get in touch with Dwight Arey , 2791 Packing Plant Road , stated that he lives across from the subject property , and is opposed to the rezoning and special use requests He stated that the area is primarily agricultural - residential now , and expressed concern that the proposed business would set a precedent for approval of more businesses in the future Mr Arey further expressed concern that the proposed business would increase traffic and create safety issues on the rural road , and also enhance threats to home security He presented to the Board a petition in opposition to the rezoning and special use requests , with 36 signatures , 29 of whom live on Packing Plant Road In response to a question from Commissioner Jeffrey P Carver , Mr Arey stated that he had lived at 2791 Packing Plant Road for almost 11 years Melanie O’Dell , 2571 Packing Plant Road , informed the Board that she had lived in the neighborhood for 33 years , and would be able to see the proposed business from her front yard She agreed with Mr Arey’s concerns , and further expressed worry that the operation of a community building for wedding receptions and parties would lead to loud , disturbing music Ms O’Dell stated that she has two young children , and emphasized the quiet , rural character of the neighborhood at this time She asked that the Board deny the Iveys ’ requests Douglas Byrd , 2758 Packing Plant Road , noted that his property is adjacent to the Iveys , and he would be able to see the proposed business from his yard as well He offered support for the rezoning and special use requests , and stated , in his opinion , the Iveys are trying to find a means to make the land profitable , since farming has become a less viable option Tammy Olive Thompson , 3583 Packing Plant Road , stated that she lives approximately one mile from the subject property , and is the owner of Lazy O Farms She commented that if farmers can no longer make a living on their land by growing crops , then their only choice is to either put in a small business or develop a subdivision Ms Thompson questioned the difference between the traffic concerns brought about by a newPage454 April 3 , 2006 - 6 00 pm Continued subdivision and by the proposed business She expressed support for the proposed rezoning and special use requests Mike Baker , 2498 Packing Plant Road , stated that he is also a nearby property owner , and lives directly across the street from his sister Melanie O’Dell He reiterated the potential traffic problems mentioned by Ms O’Dell and Mr Arey , and expressed concern for his family and young son Mr Finn noted the Planning Board recommended denial of the rezoning request for Case 06 - 07 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 07 Discussion on Rezoning Case 06 - 07 Commissioner Allen L Mims , Jr stated that he agreed with the Planning Board’s recommendation for denial , and in his opinion , the proposed business should be located in a more commercial area Commissioner Wade M Stewart noted that unfortunately the area would not remain in the same rural condition forever ; either landowners will request the County’s approval to operate small businesses or develop subdivisions Commissioner Stewart stated , in his opinion , the Iveys had proposed a relatively quiet business that would not affect nearby property owners any more than a subdivision Commissioner Jeffrey P Carver questioned whether the community needed the proposed business Commissioner Carver emphasized that the Board should consider whether approval of the request would be at the detriment of adjoining or surrounding property owners , and urged the Commissioners to take into account the requests to preserve the rural character of the area made during the hearing Decision on Rezoning Case 06 - 07 Case 06 - 07 Petition to rezone approximately 1272 acres of a 2705 acre parcel located at 2660 Packing Plant Road SR 1343 just east of its intersection with Old Olive Road SR 1347 in Smithfield Township from Agricultural - Residential AR to General Business Special Use District GB - SUD Owners Applicants Kenneth and Rhonda Ivey Tax ID 15I10010A and 15I10010F Commissioner Wade M Stewart moved the Board approve rezoning case 06 - 07 , approximately 1272 acres of a 2705 acre parcel located at 2660 Packing Plant Road SR 1343 just east of its intersection with Old Olive Road SR 1347 , in the Smithfield Township , from Agricultural - Residential AR to General Business Special Use District GB - SUD Commissioner W Ray Woodall seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioners Allen L Mims , Jr and Jeffrey P Carver The Chairman opened the Special Use Hearing for Case 06 - 07 Case 06 - 07 Application to allow for the construction and operation of a mini - storage facility plus a 3,000 square foot community building with an office and tanning beds Owners Applicants Kenneth and Rhonda Ivey Those wishing to speak on Special Use Case 06 - 07 were sworn in by the Clerk to the Board Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is to allow for the construction and operation of a mini - storage facility plus a 3,000 square foot community building with an office and tanning beds He noted that the Planning Board recommended denial of the special use request , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 06 - 7 on December 16 , 2005 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision Page455 April 3 , 2006 - 6 00 pm Continued • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On February 21 , 2006 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit case 06 - 7 and made the following recommendations Upon a motion by Mr Schulz , seconded by Mr Browder , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend denial of the rezoning request , Case 06 - 07 Therefore , there was no discussion of , or vote on , the special use permit request Finding of Facts for the Special Use Permit 1 That the use or development is NOT located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use or development DOES NOT appear to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in Section 14 - 257 and with all applicable regulations ; 3 That the use or development is NOT located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; and 4 That the use or development DOES NOT conform with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Mr Finn stated that the Planning staff recommended approval of the request based on Findings of Facts and Special Conditions as discussed with the Applicant on December 16 , 2005 Dwight Arey , 2791 Packing Plant Road , expressed several concerns in regard to the proposed business including threats to security , intrusive bright lights , and increased traffic and safety problems He questioned what the hours of operation would be , and whether the County had a noise ordinance County Attorney Mark Payne stated the County has a noise ordinance ; however , the primary focus of the ordinance is from 11 pm to 7 am The requested hours of operation for the community building are for “ 7 days a week , with no events allowed to continue past midnight , and none starting before 7 am ” Mr Arey expressed opposition to noise allowed after 11 pm Melanie O’Dell , 2571 Packing Plant Road , reiterated Mr Arey’s concern for noise after 11 pm , and stated , in her opinion , the proposed business would have a detrimental affect on the values of the surrounding properties Douglas Byrd , 2758 Packing Plant Road , noted , as adjacent property owner , he would be affected more than anyone else from the proposed business Mr Byrd offered support for Iveys ’ request Owner Applicant Kenneth Ivey assured the Board that lighting would be directed in a manner not to be intrusive to surrounding property owners He presented pictures of the location of the proposed business Commissioner Tony Braswell referred to special condition number eight as proposed by Planning staff , “ Outdoor storage of boats , trailers , recreational vehicles , trucks , cars , etc must be covered , excluding semi - tractor trailers ” Commissioner Braswell noted in his opinion allowance of the items in special condition number eight might lead to an unsightly appearance at the mini - storage facility In response to Commissioner Braswell’s concerns , Mr Ivey stated the outside storage , with the exception of the semi - tractor trailers , would be covered by a special shelter designed specifically for these types of items The boats , trailers , recreational vehicles , trucks , cars , etc would not be visible from the road In response to questions from Commissioner Allen L Mims , Jr and DeVan Barbour , Mr Ivey noted that he had not decided whether he would allow the outside storage of semi - tractor trailers ; however , the motors on trucks with refrigeration units could only be heard within 20 - 30 ft Commissioner Jeffrey P Carver reminded the Board that the zoning designation passes with the land Page456 April 3 , 2006 - 6 00 pm Continued County Manager Rick Hester noted , if approved , the Applicant would be required to submit a detailed site plan for review and approval by the Planning and Zoning Department staff There being no further comments , the Chairman recessed the Special Use Hearing for Case 06 - 07 Decision on Special Use Case 06 - 07 Case 06 - 07 Application to allow for the construction and operation of a mini - storage facility plus a 3,000 square foot community building with an office and tanning beds Owners Applicants Kenneth and Rhonda Ivey Based on the following findings of fact , with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owners and Applicants Kenneth and Rhonda Ivey to allow for the construction and operation of a mini - storage facility plus a 3,000 square foot community building with an office and tanning beds at 2660 Packing Plant Road in the Smithfield Township Commissioner Wade M Stewart seconded the motion which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioners Allen L Mims , Jr and Jeffrey P Carver Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The mini - storage facility and community building will not be detrimental to the public health , safety , and general welfare There will also be proper landscaping and a fence surrounding the buildings to add to the public safety and security 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The engineered sketch plan and proposed uses comply with the Land Development Code and all state and federal regulations Proper tanning licensing and insurance will be required and the Applicant will comply Also , landscaping and setbacks are also shown on the site plan as an example of complying with the intensity and regulations of the county code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The community building and mini - storage are public necessities The community has no mini - storages in the nearby area nor is there one that offers covers for their boats , campers , cars , etc The closest storages are at least 7 to 10 miles away The Applicant will be providing covers to renters for their belongings Also , nowhere in the community is there a place to rent a building for community gatherings , such as a birthday party or wedding reception It is the Applicant’s belief this type of development would enhance the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The engineer did the Applicant’s plans according to the County’s planning requirements and Land Development Code The Applicant will also be obtaining all permits and strictly adhering to any special use conditions imposed by the boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of operation Mini - storages 8am - 5pm Monday - Friday , Saturday 8am - 12 noon ; Office tanning beds Monday - Saturday 8am - 8pm ; Community Building 7 days a week , with no events allowed to continue past 11 pm and none starting before 7 am 4 Security fencing ie chain link , wood pole around the facility to prevent trespassing , with appropriate landscaped screening of the fencing 5 Lighting shall be engineered as not to shine or reflect onto adjacent properties 6 Installation of at least a Class B buffer 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet 7 Signage shall have no lighting and must comply with sign regulations of the Land Development Code PagePage pageNumber5457 April 3 , 2006 - 6 00 pm Continued 8 Outdoor storage of boats , trailers , recreational vehicles , trucks , cars etc must be covered , excluding semi - tractor trailers 9 No more than 10 semi - tractor trailers are to be stored at any one time The Chairman reopened the Rezoning Hearing for Case 06 - 11 Case 06 - 11 Petition to rezone 2 acres of a 2452 acre parcel located at Enoch Road SR 1252 just west of its intersection with Meadowbrook Road SR 1136 in Meadow Township , from Agricultural - Residential AR to Industrial - 2 Special Use District I - 2 - SUD Owners Applicants James E Godwin and Anna Margaret Godwin Tax ID 09I15011 Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 2 acres of a 2452 acre parcel located at Enoch Road just west of its intersection with Meadowbrook Road , in the Meadow Township , from Agricultural - Residential AR to Industrial - 2 Special Use District I - 2 - SUD The predominant zoning in the area is Agricultural - Residential James Godwin , 7465 Meadowbrook Road , requested the Board approve the rezoning and accompanying special use request to allow for a storage area for bricks and mixed debris that he is recycling for sale In response to a question from Commissioner Wade M Stewart , County Attorney Mark Payne stated the rezoning would only be used as long as the special use is in place , and pointed out that , as proposed , the special use request is limited to 24 months Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 06 - 11 There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 11 Decision on Rezoning Case 06 - 11 Case 06 - 11 Petition to rezone 2 acres of a 2452 acre parcel located at Enoch Road SR 1252 just west of its intersection with Meadowbrook Road SR 1136 in Meadow Township , from Agricultural - Residential AR to Industrial - 2 Special Use District I - 2 - SUD Owners Applicants James E Godwin and Anna Margaret Godwin Tax ID 09I15011 Commissioner DeVan Barbour moved the Board approve rezoning case 06 - 11 , 2 acres of a 2452 acre parcel located at Enoch Road just west of its intersection with Meadowbrook Road , in the Meadow Township , from Agricultural - Residential AR to Industrial - 2 Special Use District I - 2 - SUD Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 06 - 11 Case 06 - 11 Application to allow for a storage area for bricks and mixed debris , staging area for bricks to be separated from debris from a demolition site , and then removal of all brick and debris Owners Applicants James E Godwin and Anna Margaret Godwin Those wishing to speak on Special Use Case 06 - 11 were sworn in by the Clerk to the Board Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is for a storage area for bricks and mixed debris , staging area for bricks to be separated from debris from a demolition site , and then removal of all brick and debris He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 06 - 11 on January 11 , 2006 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period PagePage pageNumber6458 April 3 , 2006 - 6 00 pm Continued • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On February 21 , 2006 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit case 06 - 11 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr DeLaine , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the temporary 24 - month special use permit request , Case 06 - 11 , based on the following finding of facts and special conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Located on an unpaved , dead end road No residences are on the road Coharie hog operation at dead end of road The proposed site has no floodplains or wetlands 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The use is storage of bricks from a demolition site Some mixed debris Bricks will be separated by hand and transported to the proper sites Debris will be transported to the landfill 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Requesting a 24 month time line for completion and then the land will return to AR zoning and usage 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners This site is being used as a staging area for bricks to be reused , recycled , or crushed and reused Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 The Special Use Permit shall expire at 24 months from date of recording Special Use Permit 3 No further dumping of debris or illegal materials shall be permitted on site , nor shall the current dumping site expand in size 4 All illegal materials must be properly removed and disposed of within the 24 - month time limit 5 Applicant will need to provide documentation and proof of proper disposal from either recycling facility or landfill 6 No crushing activity shall take place on site 7 All existing vegetation shall remain intact to ensure noise and visual screening James Godwin , 7465 Meadowbrook Road , requested the Board approve a special use request to allow for a storage area for bricks and mixed debris He noted the request is only for 24 months , and when the 24 month time period ends , the land would be returned to its original condition Mr Finn noted the Planning Board recommended approval of the temporary special use request for Case 06 - 11 There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 11 Decision on Special Use Case 06 - 11 Case 06 - 11 Application to allow for a storage area for bricks and mixed debris , staging area for bricks to be separated from debris from a demolition site , and then removal of all brick and debris Owners Applicants James E Godwin and Anna Margaret Godwin Based on the following findings of fact , with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owners and Applicants James E Godwin and Anna Margaret Godwin to allow for a storage area for bricks and mixed debris , staging area for bricks to be separated from debris from a demolition site , and then removal of all brick and debris at Enoch Road just west of its intersection with Meadowbrook Road in the Meadow Township Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Located on an unpaved , dead end road No residences are on the road Coharie hog operation at dead end of road The proposed site has no floodplains or wetlands PagePage pageNumber7459 April 3 , 2006 - 6 00 pm Continued 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The use is storage of bricks from a demolition site Some mixed debris Bricks will be separated by hand and transported to the proper sites Debris will be transported to the landfill 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Requesting a 24 month time line for completion and then the land will return to AR zoning and usage 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners This site is being used as a staging area for bricks to be reused , recycled , or crushed and reused Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 The Special Use Permit shall expire at 24 months from date of recording Special Use Permit 3 No further dumping of debris or illegal materials shall be permitted on site , nor shall the current dumping site expand in size 4 All illegal materials must be properly removed and disposed of within the 24 - month time limit 5 Applicant will need to provide documentation and proof of proper disposal from either recycling facility or landfill 6 No crushing activity shall take place on site 7 All existing vegetation shall remain intact to ensure noise and visual screening 3 Call for Public Hearing Land Development Code , Sec 14 - 79 b 15 , Sec 14 - 80 b 16 , Sec 14 - 81 b 36 , Sec 14 - 82 b 27 , & Sec 14 - 75 b 5 st It was the consensus of the Board to call for a public hearing to be held at the May 1 6 00 pm Board meeting to consider public comment and discuss proposed changes to the Land Development Code , Sec 14 - 79 General Business District b 15 , Sec 14 - 80 Community Business District b 16 , Sec 14 - 81 Industrial - 1 District b 36 , Sec 14 - 82 Industrial - 2 District b 27 , & Sec 14 - 75 Agricultural - Residential District b 5 4 Call for Public Hearing Voluntary Agricultural District Ordinance st It was the consensus of the Board to call for a public hearing to be held at the May 1 6 00 pm Board meeting to consider public comment and discuss the proposed adoption of a Voluntary Agricultural District Ordinance 5 Manager Reports and Comments A Request to Move Part - time Paralegal Position to Full - time Position Following the County Manager’s request , it was the consensus of the Board to move a part - time paralegal position in the legal department to full - time status 6 Board Reports and Comments A Raise in Price of Convenience Site Decals Commissioner Tony Braswell moved the Board raise the price of convenience site decals from 55 to 80 , and from 1 to 5 for additional decals for the same household , beginning July 1 , 2006 Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Ayes Commissioners Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioners Cookie Pope and Wade M Stewart There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage