03-02-1989 Regular MeetingaooK 14 ;~,.2~~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SECOND DAY OF MARCH IN THE YEAR NINETEEN HUNDRED EIGHTY
NINE
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PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Kenneth L. Chandler, Assistant to the County
Administrator
David J. Murphy, Public Utilities Director
Charles W. Phelps, Sheriff
William McKay, Planner
Steven G. Bowman, Lieutenant, Sheriff's Dept.
Betty Scott, Assistant Clerk
Chairman Bradby called the meeting to order at 2:02 P. M.
The invocation was delivered by Supervisor Ross.
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Supervisor Bradshaw informed R. W. Coates, Resident
Engineer, Department of Transportation, that Walter Evans and
John Bowser,. residents on Route 619, needed road ditches cleaned
out along their property. Mr. Coates informed Supervisor
Bradshaw it had been too wet to clean out the ditches.
Supervisor Bradshaw also informed Mr. Coates that Robert O.
and Thomas G. Alphin, Zuni and Windsor residents respectively,
had some road problems they would like to discuss with him. Mr.
Coates stated he would contact them.
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Chairman Bradby informed Mr. Coates that residents in the
Mary Wells Subdivision were experiencing problems with driveway.
entrances, that the water runs into the ditch and spills over
into their driveways. Chairman Bradby asked Mr. Coates to
install pipe to help eliminate the problem, to which Mr. Coates
replied we do not furnish the pipe, but we will be glad to take a
look at the situation, and try to pull enough ditch to get rid of
the water. Mr. Coates stated that if the residents would
purchase the pipe his department would install same. Mr. Coates
also stated that he the would further investigate the matter and
get back with the Board.
Chairman Bradby informed Mr. Coates that the ditch in Thomas
Park, on the opposite side of the road at Hardy Elementary
School, needs to be cleaned out because the ditch is shallow and
water is backing up in yards of private individuals causing
septic tank problems. Mr. Coates stated he would check on the
situation.
.Supervisor Turner commended Mr. Coates and his department,
as well as the Virginia Power Company, for their excellent work
during the recent snow storm.
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The Chairman called for a public hearing on the following
ordinances:
a. An Ordinance To Amend The Isle of Wight County Code To
Reduce License Fees For Peddlers And Itinerant Vendors
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County Attorney Crook stated that at
adopted a license tax for peddlers at $500
day. Mr. Crook continued stating that at
did not have a business license tax for all
is necessary to remove the license tax from
the County has adopted the business license
Crook stated that the proposed ordinances
fee and eliminates double taxation.
one time the County
per year or $20 per
that time the County
merchants, but now it
this ordinance since
a tax ordinance. Mr.
retains a $10 permit
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Supervisor Turner stated he does not feel the proposed
ordinance is' adequate and suggested the County Administrator
determine a reasonable fee.
County Attorney Crook stated that for a fee the governing
body has to be able to justify the administrative cost and that
is why he suggested a nominal fee of ten dollars.
Sheriff Phelps expressed concern relative to enforcing the
law. regarding permits due to the fact that most of the people
could not produce a permit. The present ordinance requires the
permit to be displayed, however, it might aid the Sheriff if the
Sheriff's Department could be notified by the Commissioner of
Revenue when peddler and/or itinerant vendors are issued permits.
Sheriff Phelps also suggested that a~penalty be set for not
having permits. County Attorney Crook responded that there is a
penalty ordinance in the Isle of Wight County Code.
County Attorney Crook stated that at the present time the
license tax fee of $500 a year or $20 per day is not enforceable
under the present ordinance because there is a business license
tax ordinance. County Attorney Crook, in answer to a question
from Supervisor Turner, stated that the penalty is a violation of
the County Code and the amount of the penalty is set by the
judge.
Following discussion Supervisor Turner moved the Board adopt
"An Ordinance To Amend The Isle of Wight County Code To Reduce
License Fees For Peddlers And itinerant Vendors" and directed
that County Attorney Crook and County Administrator Standish work
together relative to determine amore substantial fee. The
motion passed by unanimous (5-0) vote of the Board.
AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE TO
REDUCE LICENSE FEES FOR PEDDLERS AND ITINERANT VENDORS
BE IT AND IT IS HEREBY ORDAINED by the Board of
Supervisors of Isle of Wight County, Virginia that the Isle
of Wight County Code, Chapter 13, Section 13-2, be amended
to read as follows:
Sec. 13-2. License -- Generally.
(a) Every person defined as peddler under this
chapter shall apply for a license to the
Commissioner of Revenue who will issue such
license upon the payment of the fee of $10.00
per annum therefor to the County Treasurer.
(b) Every person defined as an itinerant vendor
under this chapter shall apply for a license
to the Commissioner of Revenue who will issue
such license upon the payment of the fee of
$10.00 per annum therefor to the County
Treasurer.
(c) Any license for one year issued under
subsection (a) or (b) of this section shall
expire on December 31 of the year in which
issued, and no license tax shall be prorated.
b. An Ordinance To Amend The Subdivision Ordinance Of Isle
of Wight County To Allow Vacation Of Boundary Lines of
Plats And To Require Fees For Vacation Of Plats
County Attorney Crook stated the State Code allows the
County to vacate boundary lines of plats and charge a fee to
defray administrative costs.
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to adopt the following ordinance amendment:
AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF
WIGHT COUNTY TO ALLOW VACATION OF BOUNDARY LINES OF PLATS
AND TO REQUIRE FEES FOR VACATION OF PLATS
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BE IT AND IT IS HEREBY ORDAINED by the Board of
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Supervisors of Isle of Wight County, Virginia, that the
Subdivision Ordinance of Isle of Wight Count}, Virginia be
amended by adding thereto the following provisions:
5-9. Vacation of boundary lines.
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The boundary lines of any lot or parcel of land
may be relocated or otherwise altered as a part
of an otherwise valid and properly recorded plat
of subdivision or re-subdivision by the agent
provided said vacation is executed by the owner
or owners of such land as provided in Section
15.1-477 of the Code of Virginia, as amended, and
further provided such action does not involve the
relocation or alteration of streets, alleys,
easements for public passage, or other public
areas; and provided further, that no easements or
utility rights of way shall be relocated or
altered without the express consent of all
persons holding any interest therein.
6-0. Vacation of plats.
Vacation of plats before the sale of any lot
therein shall be pursuant to Section 15.1-481 of
the Code of Virginia, as amended. Vacation of
plats after the sale of one or more lots therein
will be pursuant to Section 15.1-482 of the Code
of Virginia, as amended.
6-0-1. Fee for processing applications for vacation of
plats.
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A fee of $150.00 shall be paid to the County of
Isle of Wight for processing an application
pursuant to Section 15.1-481 or 15.1-482 of the
Code of Virginia, as amended, for the vacating
of any plat.
The Chairman called for a public hearing on the following
rezoning applications:
a. The application of Roger L. Duke, owner, and William D.
Schultz, prospective owner, for a change in zoning
classification from A-1, Agricultural Limited, to
Conditional R-MH-A, Conditional Rural Mobile Home
District, approximately three acres of land located
south of the Seaboard Airline Railroad, between Routes
615 and 641, in Windsor Magisterial District. The
purpose of the application is for the permanent location
of one mobile home.
Jim Hart, Hart Realty, appeared representing the applicant
and stated they are asking for rezoning on which a home can be
built. Mr. Hart stated the adjoining residents had been
contacted and no one objected to the rezoning. Mr. Hart stated
there is concern regarding a deed conveying the right-of-way to
Mr. Duke from William N. Howell. Mr. Hart continued stating the
Planning Commission voted unanimously to recommend approval with
the understanding that the status of the roadway would be
addressed and the deed executed prior to consideration of the
application by the Board of Supervisors.
Supervisor Bradshaw stated he has been working with both Mr.
Nowell and Mr. Duke in an effort to settle the roadway problem.
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County Attorney Crook stated he has had his assistant
investigate County records and records in the Circuit Court
Clerk's Office and would like to have the opportunity to complete
his investigation before the Board takes action on the proposed
rezoning application. County Attorney Crook stated the Board
needs to determine the status of the roadway and that his
investigation is being done at the request of the Planning
Commission.
Supervisor Edwards moved the Board table action until the
March 16, 1989 Board meeting on the application of Roger L. Duke,
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owner, and William D. Schultz, prospective owner, for a change in
zoning classification from. A-1, Agricultural Limited, to
Conditional R-MH-A, Conditional Rural Mobile Home District,
approximately three acres of land located south of the Seaboard
Airline Railroad, between Routes 615 and 641, in Windsor
Magisterial District, in order for County Attorney Crook to
complete his investigation. The vote in favor was unanimous
(5-0).
b. The application of Meyers•Development Corporation for a
change in zoning classification from Conditional R-1,
Conditional Residential Limited, to Conditional 8-1,
Conditional Business General, approximately ten acres
of land located on the north side of Route 10, between
Route 676 and the Surry County line, in Hardy
Magisterial District. The purpose of the application is
to allow uses allowed in a business general zone, except
the following: theatres and assembly halls, churches,
libraries, hospitals, funeral homes, service stations,
clubs and lodges, office trailer, radio and television
stations.
Jacques Meyers appeared and stated he is requesting the B-3
zoning to construct a strip shopping center and motel, and the
shopping center would be anchored by a bank. Mr. Meyers asked
the Board's favorable consideration.
Tom Cromley, adjoining property owner, appeared in
opposition expressing concerns regarding whether there is viable
business fora strip shopping center and motel, access to the
road, adequate drain field for the shopping center and motel,
number of rooms for the proposed motel, and an adequate buffer
zone between the proposed business district and the residential
zone. Mr. Cromley asked the Board to deny the application.
Linda Augusta King McGuire, Rescue resident, stated she was
opposed to strip development. Mrs. McGuire stated the business
sounds good, but she feels there should be a better way than
strip development.
County Attorney Crook queried Mr. Meyers as to the road
frontage and depth for the approximate 10 acres of proposed
rezoning. It was determined from the plat in the Board package
that the road frontage was 1,250 feet with a depth of 350 feet.
Chairman Bradby stated he had received numerous telephone
calls regarding the number of units for the proposed motel and
asked Mr. Meyers if he would limit the units to twenty, to which
Mr. Meyers replied no. Mr. Meyers stated he would need at least
eighty units to make a profit. Chairman Bradby also stated that
the residents had expressed concern regarding the buffer zone.
Supervisor Edwards expressed concern regarding the motel
clientele and asked if people would be living there three to four
months at a time. Mr. Meyers stated he would be renting rooms to
Virginia Power employees possibly on a monthly basis.
Supervisor Ross expressed concern relative to granting Mr.
Meyers an opportunity to continue to develop prior to completion
of previous projects.
Supervisor Bradshaw moved the Board approve the application
of Meyers Development Corporation for a change in zoning
classification from Conditional R-1, Conditional Residential
Limited, to Conditional B-l, Conditional Business General,
approximately ten acres of land located on the north side of
Route 10, between Route 676 and the Surry County line, in Hardy
Magisterial District.
Supervisor Edwards ascertained from County Attorney Crook
proffers had to have been provided in writing prior to the
meeting in order to be enforceable.
John F. Wynne, County resident, said he had attended two
meetings and listened to the various conversations and it was
quite nerve wracking. Mr. Wynne suggested the Board members
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visit the site with Mr. Meyers present so that they would be
better prepared for the discussion at the meeting.
Following discussion, a vote was taken on the prior motion.
The motion carried (3-2) with Supervisors Bradby, Bradby and
Turner voting aye and Supervisors Ross and Edwards voting nay.
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c. The application of William L. Weaver, Jr. and Robin D.
Weaver for a change in zoning classification from A-1,
Agricultural Limited, to Conditional R-MH-A, Conditional
Rural Mobile Home District, 1.85 acres of land located
at the. intersection of Routes 645 and 614, in Hardy
Magisterial District. The purpose of the application is
for the permanent location of one mobile home.
William L. Weaver, Jr. appeared and stated he needed the
permit in order to sell the property.
No one appeared in opposition. The Chairman stated that the
Planning Commission recommended approval by unanimous vote.
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to approve the application of William L. Weaver, Jr. and
Robin D. Weaver fora change in zoning classification from A-1,
Agricultural Limited, to Conditional R-MH-A, Conditional Rural
Mobile Home District, 1.85 acres of land located at the
intersection of Routes 645 and 614, in Hardy magisterial
District.
d. The application of James E. Flaim and Lida R. Flaim for
a change in zoning classification from A-1, Agricultural
Limited, 1.045 acres and Conditional M-1, Conditional
Industrial Limited, .390 acre, to Conditional B-1,
Conditional Business General, a total of 1.43 acres of
land located at the intersection of Routes 669 and 704,
in Newport Magisterial District.
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William H. Riddick, attorney, appeared representing the
applicant and stated they desired to move due to the traffic
situation. Mr. Riddick stated the site is located at the
intersection of Routes 669 and 704 in an area consisting of
single family residences, farmland, woods and one commercial use,
and approximately one fourth of the property is currently zoned
Conditional M-1, Limited Industrial, for woodworking shop and the
remainder contains a single family residence. Mr. Riddick asked
the Board's favorable consideration.
Linwood Scott, adjoining landowner, appeared in favor of the
application.
Linda Augusta King McGuire, Rescue resident, appeared in
opposition.
The Planning Commission recommended approval by unanimous
vote, stated the Chairman.
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to approve the application of James E. Flaim and Lida R.
Flaim for a change in zoning classification from A-1,
Agricultural Limited, 1.045 acres and Conditional M-1,
Conditional Industrial Limited, .390 acre, to Conditional B-1,
Conditional Business General, a total of 1.43 acres of land
located at the intersection of Routes 669 and 704, in Newport
Magisterial District.
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e. The application of Claudette J. Slye for a change in
zoning classification from A-1, Agricultural Limited, to
Conditional B-1, Conditional Business General, 1.15
acres of land located on the south side of Route 460,
between Route 636 and Windsor Corporate Limits, in
Windsor Magisterial District. The purpose of the
application is for a business office.
Durwood V. Scott, realtor, appeared to represent the
applicant and stated Isle of Wight Farm Bureau is the prospective
owner of the property. Mr. Scott continued stating he feels it
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will be compatible with the nearby proposed shopping center which
is being developed on Route 460.
Supervisor Edwards moved the Board approve the application
of Claudette J. Slye for a change in zoning classification from
A-1, Agricultural Limited, to Conditional B-1, Conditional
Business General 1.15 acres of land located on the south side of
Route 460 , between Route 636 and Windsor Corporate limits, in
Windsor Magisterial District. The motion carried unanimously
(5-0).
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At 4:05 P.M. Supervisor Ross
which passed unanimously (5-0).
P.M.
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moved to have a brief recess,
The Board reconvened at 4:12
w. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following conditional use permit
applications for the Board's consideration:
a. The application of Howard Johnson, Sr. and Cora Johnson
for a conditional use permit to allow the storage of a
mobile home for eighteen months, on 1.21 acres of land
located on the south side of Route 621, between Route 10
and the intersection of Route 621 and Route 673, in
Hardy Magisterial District.
No one appeared in favor or in opposition. The .Planning
Commission voted unanimously to recommend approval, said Mr.
Caskey.
On motion of Supervisor Bradby, the Board voted unanimously
(5-O) to approve the application of Howard Johnson, Sr. and Cora
Johnson for a conditional use permit to allow the storage of a
mobile home for eighteen months, on 1.21 acres of land located on
the south side of Route 621, between Route 10 and the
intersection of Route 621 and Route 673, in Hardy Magisterial
District.
b. The application of Thomas H. Stowe, Sr. for a
conditional use permit to locate a mobile home for his
grandson, Doug Arnette, on 1.738 acres of land located
off Route 605, in Newport Magisterial District.
No one appeared in favor or in opposition. The Planning
Commission recommended approval of the application by a unanimous
vote, said Mr. Caskey.
Supervisor Ross moved the Board approve the application of
Thomas H. Stowe, Sr. fora conditional use permit to locate a
mobile home far his grandson, Doug Arnette, on 1.738 acres of
land located off Route 605, in Newport Magisterial District. The
motion carried unanimously (5-0).
c. The application of Mary H. Stephens for a conditional
use permit to locate a mobile home for her grandson,
John Brian Stephens and his immediate family, on four
acres of land located on the northwest side of Route
258, between Routes 619 and 614, in Windsor Magisterial
District.
Brian Stephens appeared and asked the Board's favorable
consideration.
Jimmy Bradshaw, Walters resident, appeared on behalf of his
sister, in opposition.
The Planning Commission recommended denial of the
application by a unanimous vote, said Mr. Caskey.
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Following discussion, Supervisor Bradshaw moved the Board
approve the application of Mary H. Stephens for a conditional use
permit for a period of two years to locate a mobile home for her
grandson, John Brian Stephens and his immediate family, on four
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acres of land located on the northwest side of Route 258, between
Routes 619 and 614, in Windsor Magisterial District. The vote in
favor was unanimous (5-0).
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d. The application of John F. Wynne for a conditional use
permit to locate a mobile home for his granddaughter,
Rebecca C. Drummond and her immediate family, on one
hundred fifty acres of land located on the north side of
Route 10, between Route 10 and the James River, in Hardy
Magisterial District.
John F. Wynne appeared.
No one appeared in opposition. The Planning Commission
recommended approval of the application by unanimous vote, stated
Mr. Caskey.
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to approve the application of, John F. Wynne for a
conditional use permit to locate a mobile home for his
granddaughter, Rebecca C. Drummond and her immediate family, on
one hundred fifty acres of land located on the north side of
Route 10, between Route 10 and the James River, in Hardy
Magisterial District.
Assistant County Administrator/Community Development, W.
Douglas Caskey, presented the Board members an update on the
status of the comprehensive land use plan.
Mr. Caskey also gave the Board members an update on the
street numbering program.
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to delegate review and ranking of consultants for the house
numbering project, with staff to conclude and recommend contract
to the Board of Supervisors.
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Supervisor Turner moved the Board accept the waterline
easement deed from Eunice Daughtrey and pay her $400 for same.
The vote in favor was unanimous (4-0).
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County Administrator Standish introduced John Oarlock, of
the Southeastern Virginia Planning District Commission,
gave the Board members a briefing summarizing the background and
conclusions of the groundwater research conducted by the U. S.
Geological Survey and State Water Control Board on groundwater in
the Coastal Plain of Southeastern Virginia.
Superivsor Edwards moved the Board adopt the following
resolution to accept and appropriate five hundred ninety seven
dollars from the Commonwealth of Virginia, Department of Motor
Vehicles for a highway safety mini-grant. The motion passed by
unanimous (5-0) of the Board.
RESOLUTION TO ACCEPT AND APPROPRIATE FIVE HUNDRED NINETY
SEVEN DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF MOTOR VEHICLES FOR A HIGHWAY SAFETY MINI-GRANT
WHEREAS, the Board of Supervisors of the County of Isle
of Wight, Virginia has been awarded a grant from the
Commonwealth of Virginia, Department of Motor Vehicles, for
a highway safety mini-grant, and
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WHEREAS, the funds in the amount of five hundred ninety
seven dollars ($597) to be received from the Commonwealth of
Virginia, Department of Motor Vehicles need to be
appropriated to the Police Traffic Services line item in the
1988-89 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight,
Virginia that five hundred ninety seven dollars ($597) to
be received from the Commonwealth of Virginia, Department of
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Motor Vehicles be appropriated to line item 28-5113-7002,
Police Traffic Services, equipment in the 1988-89 budget of
the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of
the County of Isle of Wight, Virginia is authorized to make
the appropriate accounting adjustments in the budget for
this grant and to do all the things necessary to give this
resolution effect.
On motion of Supervisor Turner, the Board voted unanimously
(5-O) to approve payment of $1,800 for underground electric
services to the new library facility at the old Smithfield High
School.
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W. Douglas Caskey, Assistant County Administrator/Community
Development, distributed information relative to the proposed
street names in Isle of Wight County. County Administrator
Standish recommended the Board set a date for a public hearing to
consider same, and adopt a final list this spring to keep in
concert with Enhanced E911.
Supervisor Turner stated citizens in his area had been
calling him relative to the charge of $1.00 per month on their
telephone bill for E911 which is not in effect as yet. County
Administrator Standish stated the citizens are being billed in
order that the telephone company can access the work to defray
the costs.
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to conduct a public hearing April 20, 1989 for
consideration of the street naming project.
Supervisor Edwards moved the Board direct County.
Administrator Standish and County Attorney Crook to ask the
King's Colony developers to provide a traffic impact study, based
upon the intended ingress/egress route, within the next two weeks
(for the March 16, 1989 Board meeting). The motion carried
unanimously (5-0).
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Sheriff Charles W. Phelps advised the Board members he would
have his activity report at the next Board meeting.
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On motion of Supervisor Bradshaw, the Board voted
unanimously (5-0) to approve County Attorney Crook attending a
seminar the last week in April for attorneys who advise local
governments relative to federal laws application to local
government.
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on recommendation of County Attorney Crook and motion of
Supervisor Ross, the Board voted unanimously (5-0) to adopt the
February 2, 1989 Board of Supervisors minutes.
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At 5:37 P. M. Supervisor Ross moved the meeting be
adjourned, which passed unanimously (5-0).
Myles ~. Standish, Clerk
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'Henry ~ radby, Chairman
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