03-15-1990 Regular Meeting1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE FIFTEENTH DAY OF MARCH IN THE YEAR NINETEEN HUNDRED NINETY
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
Carey Mills, Assistant Clerk
The Chairman called the meeting to order at 7:00 P.M. The
invocation was given by Supervisor Edwards.
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The Chairman called for a public hearing on the following
ordinance:
a. An Ordinance to Provide Exemptions from
Taxation of Certain Personal Property for
Physically Handicapped Individuals, Volunteer
Rescue Squad or Volunteer Fire Department
Members
No one appeared in favor or in opposition.
County Attorney Crook suggested the County make the ordinance
effective the ensuing tax year.
Supervisor Turner moved the Board adopt the following
"Ordinance To Provide Exemptions from Taxation of Certain Personal
Property for Physically Handicapped Individuals, Volunteer Rescue
Squad or Volunteer Fire Department Members" effective the next tax
year.
AN ORDINANCE TO PROVIDE
EXEMPTIONS FROM TAXATION OF CERTAIN
PERSONAL FROPERTY FOR PHYSICALLY
HANDICAPPED INDIVIDUALS, VOLUNTEER RESCUE
SQUAD OR VOLUNTEER FIRE DEPARTMENT MEMBERS
WHEREAS, the General Assembly of Virginia by Acts embodied in
Section 58.1-3506 of the Code of Virginia has provided that the
governing body of 'any county, city or town may, by ordinance,
provide for the exemption from taxatYOn of certain tangible
personal property for physically handicapped individuals, members
of volunteer rescue ,squads or members of volunteer fire
departments; and
WHEREAS, the Board of Supervisors "of Isle of Wight County,
Virginia, deems it to be in the best interests of the taxpayers of
Isle of Wight. County to provide for exemption from taxation of
certain tangible personal property for physically handicapped
individuals, members of volunteer rescue squads. and members of
volunteer fire departments within the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board
of Supervisors of Isle of Wight County, Virginia, pursuant to
Section 58.1-3506 of the Code of Virginia of 1950, as amended, that
the following tangible personal property is exempt from the
tangible personal property tax levies of the Board of Supervisors
of the County of Isle of Wight, Virginia:
1. Motor vehicles specially equipped to provide
transportation for physically handicapped individuals who reside
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in the County of Isle of Wight, Virginia.
2. Motor vehicles owned by members of volunteer rescue
squads or members of volunteer fire departments who reside in the
County of Isle of Wight, Virginia, and whose volunteer rescue squad
or volunteer fire department is located in the County of Isle of
Wight, Virginia. This exemption is limited to one motor vehicle
which is regularly used by each volunteer rescue squad member or
volunteer fire department member to respond to calls and provided
that said volunteer shall furnish the Commissioner of Revenue with
a certification by the chief or head of the volunteer organization
in January of each year that said volunteer is a member of the
volunteer rescue squad or fire department who regularly responds
to calls or regularly performs other duties for the rescue squad
or fire department, and the motor vehicle is identified as
regularly used for such purpose.
The motion passed by unanimous vote (5-0).
The Chairman called for a public hearing on the following
applications•
1. The application of Elizabeth W. Powell, et al for a
change in zoning classification from A-1, Agricultural Limited to
Conditional R-A, Conditional Rural Residential, approximately five
(5) acres of land located on the south side of Route 619, between
Route 258 and Route 64.1, in Windsor Magisterial District. The
purpose of the application is for no more than three (3)
residential lots.
Chairman Bradby asked for persons in favor of the application.
Ms. Carlene Eckels spoke in favor of the application stating
that her mother, brother, sister, and herself bought the land
together to subdivide among .the three children in order for them
to build their residences.
Chairman Bradby asked for persons to speak in opposition to
the application.
None appeared.
Chairman Bradby asked for comments by Board members.
Supervisor Turner moved to approve the application of
Elizabeth W. Powell, et al for a change in zoning classification.
The vote in favor was unanimous (5-0).
2. The application of Milton V. Bailey, Jr., owner and
Miller R. Wilson, prospective owner, for a change in zoning
classification from A-2, Agricultural General to Conditional B-1,
Conditional Business General, .32 acre of land located on the south
side of Routes 32 & 258, between Route 665 and Route 10 & 32, in
Newport Magisterial District. The purpose of the application is
fcr general retail sales of sporting goods, hunting and fishing
supplies, clothing and equipment.
Chairman Bradby asked for persons in favor of the application.
None appeared.
Chairman Bradby asked for persons to speak in opposition to
the application.
Paul L. Newton of Route 1, Box 15, Carrollton, spoke in
opposition to the application stating he lived across the road from
the building and he wanted to make the Board aware that guns would
be sold at the location.
Chairman Bradby asked for comments by Board members.
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Supervisor Turner moved to deny the application of Milton V.
Bailey, Jr., owner and Miller R. Wilson, prospective owner, for a
change in zoning classification. The vote in-favor was. unanimous
(5-0) .
3. The application of Benns Church Properties for a change
in zoning classification from A-1, Agricultural Limited to
Conditional B-1, Conditional Business General, approximately 2.5
acres of land located on the west side of Routes 10 & 32 at its
intersection with Routes 32 & 258, Newport Magisterial District.
The purpose of the application is for machinery sales and service
and sales and' service of motor vehicles by Smithfield Implement
Company. -
Supervisor Turner stated he was an owner in Benns Church
Properties and would not vote or participate in discussion with the
Board.
Chairman Bradby asked for persons in favor of the application.
None appeared.
Chairman Bradby asked for persons to speak in opposition to
the application.
None appeared.
Chairman Bradby asked for comments by Board members.
Chairman Bradby moved to approve the application of Benns
Church Properties for a change in zoning classification as
requested. The vote in favor was unanimous (4-0).
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Chairman Bradby called for Citizens Comments.
Bob Kennerley of 2 Riverpoint Trail, Carrollton addressed the
Board regarding the Kings Colony issue. Mr. Kennerley stated his
commitment to see that this development does not take place remains
intact.
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Herman Jones of Route 665 spoke in opposition to the Kings
Colony project.
Brenda Lee, Route 665, Box 39, Carrollton spoke in opposition
to the Kings Colony project.
Bill Barrett thanked the Board for adopting the ordinance to
exempt motor vehicles of physically handicapped, volunteer rescue
squad and volunteer fire department members.
Dennis Rose, Route 2, Box 202, Carrollton spoke in opposition
to the Kings Colony project.
Marie Bailey, Route 2, Box 186, Carrollton spoke in opposition
to the Kings Colony project.
Grace Keen advised the Board that the Treasurer has informed
her that Isle of Wight County has $650,000 in delinquent taxes and
asked the Board to check into these delinquent taxes.
County Attorney Crook advised the Board that several hundred
thousand dollars in taxes were collected by him several years ago
and that the Treasurer had .done quite a bit in collecting
delinquent taxes since then, but some were uncollectible because
they were personal property taxes and the people had moved. County
Attorney Crook further stated that he was surprised. that the
delinquent taxes were that high because the Treasurer has been
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collecting taxes since he ran for office on a campaign that he was
going to collect delinquent taxes and eliminate attorney fees.
Grace Keen stated the Treasurer needed more help from the
Sheriff's Department and the County in collecting delinquent taxes.
Supervisor Turner suggested that the Treasurer either come
before the Board if he has any problems or submit a report to
recommend what direction he would like to take the coming year for
obtaining delinquent taxes.
William Riddick asked for the Board's consideration in
revising the zoning ordinance to allow For-Sale signs to be
consistent in the set-back for all zoning districts.
County Attorney Crook advised the Board that W. Douglas
Caskey, Assistant County Administrator/Community Development has
spoken with County Attorney Crook about it and it has been looked
into. County Attorney Crook further advised that there are
differences in the zoning districts. Most zones allow For-Sale
signs at the property line; however, some districts do not and
there is no basis that he can see for not having them all the same.
Supervisor Turner moved to have County Attorney Crook prepare
an amendment to the zoning ordinance which will allow For-Sale
signs to be consistent in set-back for all zoning districts, The
vote in favor was unanimous (5-Oj.
//
Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development reminded the Board that at the March 1, 1990 meeting
he was requested to develop appropriate language in amending the
County's subdivision ordinance which would specify specific paving
requirements far certain subdivision streets in certain residential
zoning districts. Mr. Caskey further presented a proposed
amendment which was shared with Mr, Coates of the Virginia
Department of Transportation and stated it was Mr. Coates' opinion
that it meets the objective that the County is trying to
accomplish.
County Attorney Crook advised that the changes in the
subdivision ordinance were in the last sentence in the next to the
last paragraph and in the last paragraph of the page. Mr. Crook
further advised that a few changes were needed in the proposed
amended ordinance which he would take care of if the Board wanted
to proceed with advertising for a public hearing.
Supervisor Turner moved to advertise the amendment for the
subdivision ordinance. The vote was unanimous of those members
present (4-0). Supervisor Edwards was not present.
Mr. Caskey asked for the Board's consideration in submitting
Isle of Wight County's proposal for FY 1990 to the Council on the
Environment from the Virginia Coastal Resources Management Program
grant.
Supervisor Turner moved to submit the application to the
Council on the Environment from the Virginia Coastal Resources
Management Program grant. The vote in favor was unanimous (5-Oj.
Chairman Bradby called for the County Attorney's report.
County Attorney Crook advised the Board that he had mapped out
thy: schedule for public hearings for the School Board budget and
'' ~ ~ °~ ~-~.t~c ^t,- ~rhich he had forwarded to the Board earlier which
_.::.~~:::- the tax levy ordinance, and dates for Board meetings
,,.;u: a=ire in accordance with the time notices of the statutes.
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County Attorney Crook further advised that the School Board had
their public hearing this week with one final work session
scheduled for March 23, 1990 at 5:00 P.M. at which time, the School
Board will adopt a budget with whatever changes needed to be made
and it will be ready to be advertised for public hearing for the
Board of Supervisors on March 26, 1990 which would enable the Board
of Supervisors to have their public hearing on April 5,.1990 and
then be able to act on the budget at the Board's regular night
meeting of April 19, 1990. County Attorney Crook stated he had
originally proposed a schedule for the Board to receive the School
Board budget at the Board of Supervisor's meeting of April 5, 1990
and advertise for a public hearing on April 19, 1990 with a special
meeting being held on April 26, 1990. County Attorney Crook
further stated the Board of Supervisors could eliminate the special
meeting by authorizing the publication for public hearing for April
5, 1990 assuming that the School Board budget is received by March
26, 1990.
Supervisor Ross moved to authorize County Attorney Crook to
publish notice for a public hearing for April 5, 1990 contingent
upon the budget .being received from the School Board on March 26,
1990.
County Attorney Crook recommended the Board approve submission
of an application to the State relative to a loan to the School
Board from the Literary Fund of Virginia in the amount of $174,000
at 4$ interest payable over 20 years for the School Board's. share
for improvements that need to be made to P. D. Pruden.
Supervisor Turner moved to .approve .submission of an
application to the State for a loan to the `School Board from the
Literary Fund of Virginia in the amount of $174,000 as requested.
The vote in favor was unanimous (5-0).
//
Chairman Bradby called for the County Administrator's report.
County Administrator` Standish asked for the Board's
consideration of a resolution appropriating $209,200 as the
County's .third contribution ~o the cost of the Western Tidewater
Regional Jail project.
Supervisor Ross moved the Board adopt the following
resolution:
RESOLUTION TO APPROPRIATE TWO HUNDRED NINE THOUSAND TWO HUNDRED
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF 'THE GENERAL FUND
FOR THE WESTERN TIDEWATER-REGIONAL JAIL
WHEREAS, the. Board of Supervisors of the County of Isle of
Wight, Virginia, has approved the construction of the Western
Tidewater Regional Jail; and
WHEREAS, the funds in the amount of two hundred nine thousand
two hundred dollars ($209,200) need to be appropriated from the
unappropriated .fund balance to the Western Tidewater Regional Jail,
construction line item in the 1989-90 budget of the County of Isle
of Wight.
PLOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia, that two
hundred nine thousand .two hundred dollars ($209,200) from the
unappropriated fund balance be appropriated to line item 14-3302E-
7016A, Western Tidewater Regional Jail, construction in the 1989-
90 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 and to do all the
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things necessary to give this resolution effect.
The motion to adopt said resolution passed by unanimous vote
(5-O) .
County Administrator Standish informed the Board that the
County is eligible to receive reimbursement from the Commonwealth
of Virginia for the "One For Life" program and asked for the
Board's consideration in adopting a resolution that would
appropriate $4,892 to the Isle of Wight and Windsor rescue squads
to be equally divided between them and to accept $4,892
reimbursement from the Commonwealth of Virginia.
Supervisor Bradshaw moved the Board adopt the following
resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FOUR THOUSAND EIGHT HUNDRED
NINETY-TWO DOLLARS ($4,892) FROM THE COMMONWEALTH OF VIRGINIA FOR
THE ONE FOR LIFE PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia, has been awarded reimbursement from the
Commonwealth of Virginia for the One For Life Program during the
fiscal year 1988-89, and
WHEREAS, funds in the amount of Four Thousand Eight Hundred
Ninety-two Dollars ($4,892) are needed to be appropriated to the
Isle of Wight Rescue Squad and Windsor Rescue Squad, line items in
the 1989-90 budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia, that Four
Thousand Eight Hundred Ninety-two Dollars ($4,892) be appropriated
to line items 11-3203-5605A, Isle of Wight Rescue Squad ($2,446)
an3 11-3203-5605B Windsor Rescue Squad ($2,446) in the 1989-90
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 program
and to do all the things necessary to give this resolution effect.
The motion to adopt the resolution passed by unanimous vote
(5-0).
County Administrator Standish asked for the Board's
consideration in adopting a resolution outlining the County's
priorities for the allocation of State "Primary" funding for road
projects.
Supervisor Bradshaw moved the Board adopt' the following
resolution:
RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF
SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA FOR THE 1990 VIRGINIA
DEPARTMENT OF TRANSPORTATION PRE-ALLOCATION HEARING
WHEREAS, the Virginia Department of Transportation will
conduct a pre-allocation hearing for interstate, primary and urban
system projects for the Suffolk District on March 27, 1990 and
WHEREAS, the Board of Supervisors of Isle of Wight County
expresses its appreciation to the Virginia Department of
Transportation for the opportunity to articulate transportation
improvement priorities within the County; and
WHEREAS, Isle of Wight County wishes to make specific
recommendations for transportation improvement projects to be
listed on the proposed Six Year Improvement Pro ram
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NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors
of Isle of Wight County that the following projects are considered
transportation improvement priorities in the County:
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1. Construction of parallel bridge span and
approaches on the Route 17 crossing over
Chuckatuck Creek.
2. Route 58 Franklin By-pass connector.
3. Realignment and four lane Route 258, between
Route 10 and Route 460.
4. Four lane Route 10 Smithfield By-pass.
5. Construct right turn lane on Route 258 at
intersection with Route l0 Bypass.
BE IT FURTHER RESOLVED, that the Board of Supervisors direct
the County. Administrator to forward a copy of this resolution to
the Virginia Department of Transportation. for inclusion in the
record of the 1990 pre-allocation hearing and for adoption of the
Six Year Improvement Program for the Commonwealth of Virginia,
The motion adapting said resolution passed by unanimous vote
(5-O).
County Administrator Standish presented an agreement between
the Virginia Department of Agriculture & Consumer-Services and Isle
of Wight County, Virginia for the 1990 Cooperative Gypsy Moth
Suppression Program.
Supervisor Bradshaw moved the Board approve the following
agreement
AGREEMENT BETWEEN THE VIRGINIA DEPARTMENT OF AGRICULTURE & CONSUMER
SERVICES AND ISLE OF WIGHT COUNTY, VIRGINIA FOR THE 1990
COOPERATIVE GYPSY MOTH SUPPRESSION PROGRAM
This agreement is between the Virginia Department of Agriculture
and Consumer Services:, hereinafter referred to as the Department
and the County of Isle of Wight for the purpose of providing a
cooperative gypsy moth suppression program in the said County,
hereinafter referred to as the locality. In consideration of the
promises and mutual covenants herein obtained, the parties do
hereby agree as follows:
A. The Department agrees to cost share with the
locality, as provided in Section B, on the
services and/or supplies listed on proposal
forms submitted by the locality and approved
by the Department.
B. The cost share formula shall be 50% locality,
50% state.
C. A billing statement listing cost or services
or supplies will be sent to the locality by
April 15, 1990. Payment on the billing
statement is due from the locality within 30
days of the billing date. Payment must be made
directly to VDACS at P. O. Box 526, Richmond,
Virginia 23204.
D. Materials supplied by the Department will be
delivered in a timely manner on a date suitable
to both ,parties.
E. Before exceeding estimated cost, both parties
must agree in writing to the change,
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F. Both parties agree to the agency
responsibilities as outlined in the Guidelines
for Cooperative Gypsy Moth Suppression Program
published by the Virginia Department of
Agriculture and Consumer Service and dated
September 28, 1985.
G. All terms hereby agreed to in this contract
shall not exceed a time duration of six and
one half months beginning March 15, 1990 and
terminating on September 30, 1990.
This agreement shall be effective immediately after signed by all
parties.,
The motion to approve said agreement passed by unanimous vote
of the Board (5-0).
County Administrator Standish asked for the Board's
consideration of a resolution from the Virginia Department of
Transportation requesting East Bryon Drive and Melissa Drive be
taken into the State system.
Supervisor Edwards moved the Board adopt the following
resolution:
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in
Smithfield Heights Section III, Newport Magisterial District, Isle
of iaight County, Virginia, have been built in accordance with
Secondary Road Policies, and the Isle of Wight County Subdivision
Ordinance relating to acceptance of streets into the State's
Secondary Road System.
THEREFORE, BE IT RESOLVED, that the Commissioner of the
Virginia Department of Transportation is requested to include into
the Virginia Secondary Road System for maintenance the following
described streets in Smithfield Heights Section III Subdivision:
1. East Bryon Drive: Beginning at a point on Melissa Drive,
0.31 miles northeast of its intersection with State Route
1210; thence running in easterly direction 0.10 miles to
a cul-de-sac.
Length: 0.10 miles
Right of way: 50 feet
Total length: 0.10 miles
2. Melissa Drive, Extended, Route 1211: Beginning at a
point on existing State Route 1211, which is~0.24 miles
from its intersection with State Route 1210; thence
running in a northeasterly direction 0.17 miles to cul-
de-sac.
Length: 0.17 miles
Right of way: 50 feet
Total length: 0.17 miles
Unrestricted rights of way fifty (50) feet in width and
additional right of way for the cul-de-sacs, along with the
necessary drainage easement have been provided and are on record
in the Office of the Clerk of the Circuit Court at Zsle of Wight
County in Plat Book 7, Page 5, dated April 30, 1975 an is
guaranteed.
The motion to adopt said resolution passed by unanimous vote
(5-0).
County Administrator Standish reported to the Board that all
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of the County's insurance policies expire June 30, 1990 and
recommended authorizing execution of a contract with Rosenthal
Insurance Consulting, Inc. at a cost not to :exceed $2,000 to
evaluate the County's insurance needs.
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Supervisor Bradshaw moved the Board approve and authorize
execution of a contract with Rosenthal Insurance Consulting, Inc.
at a cost not to exceed $2,000 to evaluate the County's insurance
needs.
The motion to approve said action passed by unanimous vote of
the Board (5-0). `~
County Administrator Standish asked Dr. Al Rogers to give the
Board an update on Paul D. Camp Community College and its new
Smithfield site.
Dr. Al Rogers reported to the Board on Paul D. Camp Community
College and its new Smithfield site. Dr. Rogers stated that the
second floor of the new Isle of Wight/Smithfield Library has been
designated as classrooms which are urgently needed but that they
are in need of renovation which will require funds for an
architectural study and the renovation. Dr. Rogers further stated
that due to the State's cutbacks, Paul D. Camp Community College
does not have the money needed for this purpose at this time but
hopes the County can find a way to work out a plan with Paul D.
Camp Community College in order that the use of these classrooms
will be available for the Smithfield students.
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County Administrator Standish suggested the Board may wish to
entertain a long term lease agreement with Paul D. Camp Community
College which would reimburse the County for the cost of renovating
the second floor. County Administrator Standish informed the Board
that the architect who provided the architectural services on the
library had indicated he would prepare a report for the Baard's
consideration at a nominal cost of approximately $500.00.
.Supervisor Ross moved the Board authorize County Administrator
Standish to secure the services of an architect not to exceed $500
to prepare a report for the Board°s consideration. The vote in
favor was unanimous (5°0).
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Chairman Bradby called. for New. Business.
No one appeared.
//
Chairman Bradby called for Old Business.
No one appeared.
/./
Chairman Bradby called for Appointments.
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Chairman Bradby nominated Phyllis Bloxton to replace Lottie
Little who had resigned from the Planning Commission due to health
reasons and requested a resolution be sent to Mrs. Little for her
service on the Planning Commission. The vote in favor was
unanimous (5-O).
//
Supervisor Turner moved the Board approve the February 15,
1990 minutes of the Board of Supervisors. The motion passed by
unanimous vote (5-0).
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County Attorney Crook requested an Executive Session for
consultation with legal counsel under Section 2.1-344 A.7.
concerning pending litigation, specifically Keusal versus Isle of
Wight County.
Supervisor Edwards moved the Board go into Executive Session
for the reasons stated by County Attorney Crook. The vote in favor
was unanimous (5-0).
Upon the Board returning to open session, Supervisor Bradshaw
moved the adoption of the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of
Information Act; and
WHEREAS, 2.1-344.1 of the Code of Virginia requires a
certification by this Board of Supervisors that such executive
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i)
only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive
meeting to which this certification resolution applies, and (ii)
only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered
by the Board of Supervisors.
VOTE
AYES: 5
NAXS: 0
ABSENT DURING VOTE: 0
ASSENT DURING MEETING: 0
At 9:00 P.M. Supervisor Ross moved the meeting be adjourned,
which passed unanimously (5-O).
_ ~ _ /"~-
Myles Standish, Clerk
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~nr~H rB" adby, Chairman