08-16-1990 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SIXTEENTH DAY OF AUGUST IN THE YEAR .NINETEEN HUNDRED
NINETY
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steve W. Edwards
Thomas L. Ross
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Casket', Assistant County
Administrator/Community Development
Carey H. Mills, Assistant Clerk
The Chairman called the meeting to order at 2:03 P.M. Tha
invocation was delivered by Chairman Bradby.
//
Chairman Bradby called for a public hearing on the following
ordinance:
An Ordinance to Amend the Subdivision Ordinance
to Amend the Definition of Subdivision Therein
and Provide for Administrative .Approval of Some
Subdivisions.
Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
.Chairman Bradby called for comments by Board members.
Supervisor Edwards requested County Attorney Crook to explain
the purpose of the ordinance and deliver a background report.
County Attorney Crook explained that the problen the County
was incurring with the present subdivision ordinance was that under
.the present ordinance, the County has a number of plats which. are
going to record for subdivisions that are outside of the
subdivision ordinance because of the exceptions and the definition
the County now has. County .Attorney Crook continued that the
County was getting a lot of subdivisions of five acre parcels along
public roads that are outside of the subdivision ordinance and
because of this, the Board of Supervisors requested an overhaul of
.the subdivision ordinance definition, which the County Attorney did
and took to the Planning Commission. The Planning Commission then
appointed. a committee who met with attorneys for developers and
received their input and after the public hearing, this is the
definition that the Planning Commission has. recommended to the
Board for their consideration.
Supervisor Turner moved the Board approve the following
ordinance:
AN ORDINANCE TO AMEND
THE SUBDIVISION ORDINANCE TO AMEND
THE DEFINITION OF SUBDIVISION THEREIN
AND PROVIDE FOR ADMINISTRATIVE APPROVAL
OF SOME SUBDIVISIONS
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that the Subdivision Ordinance
of Isle of Wight County, Virginia, be amended to read as follows:
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The agent appointed by the governing body is to
administer this ordinance.
The agent shall also consult with the commission on
matters contained herein.
Section 3-1 Plattina requiredi
Any owner or developer of any tract of land situated
within Isle of Wight County who subdivides the same shall
cause a plat of such subdivision, with reference to known
or permanent monuments, to be made and recorded in the
office of the clerk of the appropriate court. No such
plat of subdivision shall be recorded unless and .until
it shall have been submitted, approved and certified by
the agent in accordance with the regulations set forth
in this ordinance. No lot shall be transferred by-deed
in any such subdivision before the plat shall have been
recorded.
Section 3-6. Necessary changes
No change, erasure or revision shall be made on any
preliminary or final plat, nor on accompanying data
sheets after approval of the agent has been endorsed in
writing on the plat or sheets, unless authorization for
such changes has been granted by the agent.
Section 4-4-11 Bond
Before any subdivision plat will be finally approved
by the governing body the subdivider shall, in lieu of
construction, furnish bond .with surety in an amount.
calculated by the agent to secure the required
improvements in a workmanlike manner, and in accordance
with specifications and construction schedules
established or approved by the appropriate engineer,
which bond shall be payable to and held by .the governing
body.
section 5-3 Preli~+;nary plat
For subdivisions of ten (10) lots or more, the
subdivider shall present to the commission three (3)
prints of a preliminary layout at a scale of one hundred
(100) feet to the inch as a preliminary plat. The
preliminary plat shall include the following information:
Section 5-4-1. Administrative approval
The agent or his appointed representative shall have
the. authority to approve final subdivision plats of no
more than nine (9) lots without review by the planning
commission.
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Section 5-7. Final glat.
The subdivision plat submitted for final .approval
to the agent and subsequent recording shall be clearly
and legibly drawn at a scale no smaller than two hundred
(200) feet to the inch, and there shall be at least five
copies. In addition to the requirements of the
preliminary plat, the final plat shall include the
following:
ection 7-28. Subdivisio
The division. or redivision of a lot, tract, or
parcel of land by any means into two or more lots,
tracts, parcels or other divisions of land including
changes in existing lot lines for the purpose, whether
immediate or future, of lease, transfer of ownership or
building or lot development. The term "subdivision"
shall also mean the following:
(a) Any development of a parcel of land which
involves installation of sanitary sewers, storm sewers,
water mains, gas mains or pipes, or other appropriate
facilities for the use, whether immediate or future, of
the owners or occupants of the land, or of the building
abutting thereon.
(b) Any development of a parcel of land involving
two or more principal structures or involving shopping
centers, multiple dwelling projects and the like which
require the installation of streets and/or alleys, even
though the streets and alleys may not be dedicated to
public use and the parcel may not be divided for purposes
of conveyance, transfer or sale.
(c) The term "subdivision" includes resubdivision,
and as appropriate in this Ordinance, shall refer to the
process of subdividing the land or to the land
subdivided. For the purpose of this Ordinance, however,
in further deciding what is a subdivision the following
types of transactions shall be excluded, it being the
intent of this Ordinance that the following types of
transactions are exemptions under this Ordinance:
(1) Any sale or other transfer of
bulk property,. which for the purpose
of this Ordinance shall be defined
as any tract of twenty-one (21)
acres or more, not involving any new
street. The granting of a right-
of-way .for .access shall not be
deemed to involve any new .street.
(2) Any division of Property handed
down by Court action.
(3) The sale, exchange or other
transfer of parcels between
adjoining lot owners, where it does
not create additional building sites
or make existing .lots of lesser
width or area than required by this
Ordinance.
The motion to adopt the above ordinance passed by unanimous
vote- (5-0).
Chairman Bradby called for a public hearing on the following
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ordinance:
An Ordinance to Amend Chapter 11, Article II, of the Isle
of Wight County Code for Motor Vehicle Licenses
Chairman Bradby called for persons to speak in favor.
No one appeared.
County Attorney Crook stated he would like. to explain that
this ordinance was prompted by the Treasurer who requested that the
Board consider an amendment to the Motor Vehicle License Ordinance
because the Treasurer was questioning whether the County could have
a provision in the ordinance to allow a credit for persons who
lived in other jurisdictions and paid for their motor vehicle
licenses and then moved to Isle of Wight County and had to pay the
full fee. County Attorney Crook explained to the Board that this
provision was not for personal property taxes, only a credit for
motor vehicle license fees. County Attorney Crook. continued that
in looking at the present ordinance he realized that there were a
number of changes in the statute that the Board could consider
putting in the present ordinance the County now has and that he had
talked with the attorney for the Towns of Windsor and Smithfield
about collecting County .licenses when town tags are issued which
is provided for in the proposed ordinance. County Attorney Crook
stated he recommended the proposed ordinance with the exception of
paragraph #4 which is the credit for other jurisdictions because
the County already has proration of fees for motor vehicles
licenses.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for comments by the Board.
Supervisor Bradshaw moved the Board approve the following
ordinance, as amended:
AN ORDINANCE TO AMEND
CHAPTER 11, ARTICLE II, OF THE
ISLE OF WIGHT COUNTY CODE
FOR MOTOR VEHICLE LICENSES
BE IT AND IT IS HEREBY -0RDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that the following sections of
Chapter 11, Article II, Motor Vehicle Licenses of the Isle of Wight
County Code be amended to read as follows:
(1) By adding to Section it-3 the following:
If a town within the County of Isle of Wight imposes
like fees on vehicles of owners resident in the town, the
owner of any vehicle subject to the fees shall be
entitled, on the owner's displaying evidence that he has
paid the fees, to receive a credit on the fees imposed
by the County to the extent of the fees he has .paid to
the town. .Provided, however, not more than one license
plate or decal in addition to the State plate shall be
required.
(2) By adding to Section ii-5 the following:
Provided further that no motor vehicle license shall
be issued unless the tangible personal property properly
assessed or assessable by the County of Isle of Wight on
any tangible personal property used or usable as a
dwelling titled by the Department of Motor Vehicles owned
by the taxpayer have been paid.
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And, provided further that the if the situs for the
vehicle is within the County of Isle of Wight, all
personal property taxes assessed by either the County or
the town on said vehicle must be paid before licensure
of such vehicle by either the County or the town.
(3) By adding to Section 11-6 the following:
Local licenses may be issued free of charge for any
or all of the following: (i) vehicles owned by
volunteer rescue squads; (ii) vehicles owned by volunteer
fire departments; (iii) vehicles owned by active members
of volunteer rescue squads; (iv) vehicles owned by active
members of volunteer fire departments. In the case of
active members of volunteer rescue squads and volunteer
fire departments, applications for such licenses shall
be accompanied by written evidence, in a form acceptable
to the. Treasurer of Isle of Wight County, of their active
membership, and no member shall be issued more than one
such license free of charge.
(4j Be amending Section 11-13.1 to read as follows:.
Sec. 1i-13.1 Penalties.
Any person violating any of the provisions of this
Article, shall be deemed guilty of a Class 4 misdemeanor
(as defined. by the Code of Virginia), and, upon
conviction thereof, shall be punished by a fine not
exceeding $25D.00. A violation of this ordinance may not
be discharged by payment of a fine except upon
presentation of satisfactory evidence that the required
license has been obtained.
The motion passed by unanimous vote (5-O).
//
Chairman Bradby called for Citizens Comments.
David Joyner stated he wanted the Board to reserve some rights
for the citizens of Isle of Wight County on the SPSA project-and
not delete the condition altogether, but be more specific for the
waste-to-energy plant.
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Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated that in the beginning of January of 1989, the.
County contracted Redman Johnson Associates relative to drafting
a Comprehensive Land Use Plan. Mr. Caskey continued that at the
Planning Commission meeting of August 14, 1990, the Commission
unanimously approved a resolution adopting the Isle of Wight County
Comprehensive Plan and took action to recommend to the Board of
Supervisors same for adoption. Mr. Caskey presented a certified
copy of the draft Comprehensive Land Use Plan to the Board and
recommended that a public hearing be set by the Board as required
by State Code.
Supervisor Edwards moved the Board hold a public hearing on
the Comprehensive Land Use Plan at the September 20, 1990 meeting
of the Board. The motion .passed by unanimous vote (5-0).
County Administrator Standish stated that the City of Virginia
Beach would like to make a presentation on the Lake Gaston project.
Mr. Caskey advised the Board that the City of Virginia Beach
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approached the Department of Community Development .for a
conditional use permit to construct, .operate and maintain a
pipeline crossing at the Blackwater River adjacent to Southampton
County. Mr. Caskey continued, this would be the initial phase of
the proposed pipeline project within Isle of Wight County and does
represent the bridge structure and. piping across the bridge
structure. Mr. Caskey stated the application would be considered
by the Planning Commission at their meeting in September and would
subsequently be brought to the Board .for action.
David J. Murphy, Director of Public Utilities, stated the
project would consist of approximately 85 miles of 60 inch diameter
pipe for the transmission of water from Lake Gaston in Brunswick
County with an outfall to Norfolk's raw water sources located in
the County and the City of Suffolk. Mr. Murphy continued that in
the early seventies, the Southeastern Public Service Authority
identified the need for additional raw water resources to serve the
entire southeastern area of Virginia and predicted that within the
decade, a drought could affect the entire area. Mr. Murphy stated
that in 1973 a drought caused the City of Virginia Beach to put a
moratorium on the issuance of any building permits in that city.
The drought of 1980/1981 affected the entire area and lead to
mandatory restrictions on the use of water, and in 1986 another
drought affected the entire area with one locality running out of
treatable water and having to temporarily rely on groundwater. Mr.
Murphy continued that after .years of .study of many water
alternatives, in 1982 Virginia Beach focused on Lake Gaston as the
most practical solution for the problems in southeastern Virginia.
Mr. Murphy stated that when completed Lake Gaston will supply the
southeastern portion of Virginia. and reduce the heavy reliance on
groundwater and that Virginia Beach had today received bids on the
first of eleven contracts which will complete the Lake Gaston
pipeline.
Clarence O. Warnstaff, Director of Utilities for .the City of
Virginia Beach, stated that since 1982, the City of Virginia Beach
has been pursuing implementation of the project. Mr. Warnstaff
continued that preconstruction activities have been ongoing in five.
areas which consist of resolving litigation surrounding the
project, the engineering design, local consent process, right-of-
way acquisition, and finally financing. Mr. Warnstaff reported
that on June 11, 1990, the Virginia Beach City Council authorized
city staff to proceed with construction which included the. pump
station at Lake Gaston and the first 76 miles of pipeline. Mr.
Warnstaff continued that in the last eight years, six law suits
were initiated as a result of the project with the City prevailing
in four cases and of these four cases,. two cases have been
appealed. Mr. Warnstaff stated that the property acquisition was
initiated in the summer of 1987 and the City of Virginia Beach
reached an agreement to acquire parcels in the first 76 miles.
Mr. Warnstaff continued that the engineering and construction plans
and specifications for the pump station in the first 76 miles are
almost complete and. the initial construction contracts completed
which includes the above ground river and stream crossings with a
portion of this work being in Isle of Wight County. Mr. Warnstaff
stated that all six jurisdictions within the. first 76 miles have
granted local. consent in accordance with the State law and the
estimated cost for the project is around $200 million.
Supervisor Bradshaw stated that the City of Virginia Beach
agreed to put in connections that would guarantee the County one
million gallons per day.
Thomas Water Leahy, Resource Engineer for the City of Virginia
Beach, stated that they have not negotiated with the County any
specific agreement yet.
Supervisor Turner asked if this was untreated or treated water.
and stated that the County needed to consider where the best place
would be to put a treatment plant for distribution of the water to
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be used.
Mr. Warnstaff replied that this was untreated water and that
his engineers would be glad to work with County staff regarding the
most appropriate location for a treatment plant if the County makes
a decision to participate in the project,.
Supervisor Bradshaw stated he wanted a "T" put fn in the
Windsor .area before he would sign :any agreements.
Supervisor Turner stated that a study should be conducted to
determine where the "T" should be put in.
County Administrator Standish reported that this was one of
the tasks the Board directed. in the master Water & Sewer Plan.
Mr. Warnstaff reported that within Isle of Wight County there
were thirty-two parcels of property of which twenty-seven were, or
will be, purchased under agreements and five parcels would be
acquired through certificates. Mr. Warnstaff stated there were
four property owners with whom the City of Virginia Beach has been
unsuccessful in negotiating a settlement and each of the four
cases, the County obtained an individual to conduct an appraisal.
of the property with the results being received and an offer made
equal to the amount determined: by the County's appraiser.
Supervisor Bradshaw stated he was not satisfied with. some of
.the amounts the appraiser had given and he wanted to be fair to the
people in his district. Supervisor Bradshaw continued the amount
offered to these people now is not what the land is really worth.
Supervisor Edwards stated he would like to get the properties
settled before Virginia Beach comes back before the Board for the
conditional use permit.
Mr. Leahy stated that one of the property owners refused
completely and some of the other property owners were so far off
between what the City and County's appraised the land at. Mr.
Leahy continued that there were thirty-one property owners that did
settle with the City at something equal, to or close to the City and
.County appraisals.
Marion Howell stated that Virginia Beach is obtaining nine and
a half acres of his of which over one third is open land and only
offered him $14,000.
Richard Savage, attorney of Suffolk retained by Virginia Beach
to assist in the right-of-way acquisition, stated if Mr. Howell
wanted to sell Virginia Beach a strip of land in fee simple, then
Virginia Beach would. buy it that way and Mr. Howell would not have
to pay taxes.
Supervisor Turner stated the County had just recently
undergone a reassessment and is now in the process of an
Equalization Board determining that-the land is valued as equal as
possible. Supervisor Turner continued that if there is a situation
through the process of reappraising the property under the County
reassessment and the appraisal is higher than what Mr. Cross came
up with, is there consideration that Virginia Beach would look at
this?
Mr. Savage replied that Virginia Beach. is willing to listen
to any reasonable qualified appraisal.
Supervisor Turner suggested that the County qo back and see
what the Reassessment Board evaluated the land at and if it is
higher then present the figure to Virginia Beach.
Supervisor Bradshaw stated that Virginia Beach should pay the
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landowners a potential profit of what the trees would: be worth in I
forty years.
County Administrator Standish asked Mr. Warnstaff the
projected schedule of the balance of the project and the final
design.
Mr. Warnstaff replied that the next :contract, which would
involve Isle of Wight County, would include nine miles of the
pipeline and the schedule at this time is to advertise the
construction plans in December of 1991 with a bid opening in
January of 1992 and he would anticipate a construction contract
award by Virginia Beach City Council in March of 1992.
Supervisor Turner asked Mr. Warnstaff to elaborate on the.
assurances that the County has relative. to the four foot burial of
the pipeline.
Mr. Warnstaff stated that Virginia Beach's construction plans
allow a contractor to bid. ductile iron pipe, steel pipe, or
concrete pipe and if the contractor includes in his bid ductile
iron pipe, the minimum depth of cover is five feet; however, if the .
contractor includes in his bid steel pipe, the minimum depth is six
feet and for concrete the minimum depth of three feet. Mr.
Warnstaff stated that the County had expressed concern about this
during the local consent process and as required by local consent,
Virginia Beach will have a minimum of four feet in all-current and
former cultivated areas and Virginia Beach will allow the County
engineering staff to meet with Virginia Beach and review the
construction plans and specifications to ensure that the County is
satisfied regarding that requirement.
Supervisor Turner stated he would hope that Virginia Beach
would consider putting all of the pipe at four feet in case of
engineering problems in ,design or gravity flow.
County Administrator Standish reminded the Board that they
would have to consider a conditional use permit and could levy
appropriate conditions on the project. County Administrator
Standish also suggested that Virginia Beach return on a semi annual
basis to give an update on the progress of the project..
Mr. Warnstaff stated he would be glad to make a presentation
to the Board at the Board's convenience.
//
Chairman Bradby called for-the County Attorney's report.
County Attorney Crook stated he had received a deed from the
City of Suffolk and the Western Tidewater Regional Jail Board to
Suffolk, Franklin and Isle of Wight for the regional jail site.
Supervisor Turner moved the Board accept the deed. The motion
carried by unanimous vote (5-0).
County Attorney Crook stated he had a resolution for the
creation of a Regional Jail Authority which would replace. the
Regional Jail Board.
Supervisor Turner moved the Board adopt the following
resolution for the creation of a Regional Jail Authority: -
A RESOLUTION TO CREATE THE.
WESTERN TIDEWATER REGIONAL JAIL AUTHORITY
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia, has duly considered the advantages of a regional
jail authority with the City of Suffolk and the City of Franklin,
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Virginia, as .provided in Section 53.1-95.2, et seq., of the Code.
of Virginia, as amended.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
the County of Isle of Wight, Virginia, as follows:
Section iz The name of this authority shall be the Western
Tidewater Regional .Jail Authority with the address of its principal
office being 424 Market Street, Suffolk, Virginia 23434.
Section 2: The City of Suffolk, County of Isle of Wight, and
City of Franklin shall be the initial participating political
subdivisions in the Western Tidewater Regional Jail Authority, and
the first members of the authority board shall be Richard L.
Turner, Route 1, Box 60, Carrollton, Virginia .23314; H. Woodrow
Crook, Jr., P. O. Box 406, Smithfield, Virginia 23430; Myles E.
Standish, P. O. Box 80, Isle of Wight, Virginia 23397; M. Rice
Day, Jr., 1221 North High Street, Franklin, Virginia 23851; :Robert
E. Harrell, 650 Cemetery Street, Franklin, Virginia 23851; John
J. Jackson, P. O. Box 179, Franklin, Virginia 23851; Johnnie E.
Mizelle, 129 Brittany Lane, Suffolk, Virginia 23435; S. Chris
Jones, 8978 River Crescent Drive, Suffolk, Virginia 23433; Sheriff
J. Irving Baines, P. O. Box 1632, Suffolk, Virginia 23434, who
shall be appointed by and serve at the will of the governing bodies
of the respective participating political subdivisions.
Section 3: The general purpose of the Western Tidewater
Regional Jail Authority shall be that of acquiring, constructing,
equipping, maintaining, and operating a jail or jail farm and the
usual facilities appertaining to such .undertakings; enlarging,
renovating, and improving such facilities; acquiring the necessary
property therefor, both real and .personal, with the right of
contract for the use of or to lease, mortgage or sell any or all
of such facilities, including real property; and doing any and all
things deemed by the authority necessary, convenient, and desirable
for and incident to the efficient and proper development and
operation of such types of undertakings.
Section 4: The preliminary estimate of the capital costs of
constructing the Western Tidewater Regional Jail shall be Twenty-
Two Million Dollars ($22,000,000.00), and the project shall be
financed as provided for in Sections 53.1-95.2,_ et seq., of the
Code of Virginia, as amended.
Section 5: The Western Tidewater Regional Jail Authority
shall consist of nine. (9) representatives and no more than nine (9)
alternates from the City of Suffolk, the County of Isle of Wight
and the City. of Franklin, with the governing body. of each
jurisdiction appointing three (3) representatives and no more than
three (3) alternates to serve at the will of the governing body,
with each. representative or alternate having one vote on said
Authority. Alternates shall only vote at Authority meetings when
a representative from the jurisdiction is unable to be present.
BE IT FURTHER RESOLVED that the Western Tidewater Regional
Jail Board be instructed to take all the necessary steps to
transform itself into the Western Tidewater Regional Jail Authority
for the purposes stated herein, pursuant to the terms of Section
53.1-95.2, et seq., of .the Code of Virginia, and that certain
agreement dated November 1, 1989, between the City of Suffolk,
Virginia, the County of Isle of Wight, Virginia, and the City of
Franklin, Virginia, creating the Western Tidewater Regional Jail
Board.
The motiom passed by unanimous vote (5-0).
At 8:25 P.M., Supervisor Ross moved the Board take a five
minutes recess and then begin the Public Service Authority meeting
at 8.:30 P.M. The motion passed by unanimous vote (5-0).
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At 8:47 P.M., Chairman Bradby called the Board of Supervisors'
meeting back to order.
Chairman Bradby called for the County Administrator's report.
Supervisor Turner moved the Board adopt the following
resolution as recommended by the County Administrator:
RESOLUTION TO ACCEPT AND APPROPRIATE EIGHTEEN THOUSAND TWO-HUNDRED
EIGHTY-ONE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF FIRE PROGRAMS FOR THE COUNTY'S VOLUNTEER FIRE DEPARTMENTS
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia has been awarded funds from the Virginia Department
of Fire Programs for the County's Volunteer Fire Departments.
WHEREAS, the funds in the amount of eighteen thousand two-
hundred eighty-one dollars ($18,281) to be received front the
Virginia Department of Fire Programs need to be appropriated to the.
Volunteer Fire Departments line item in the 1990-91 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
eighteen thousand two-hundred eighty-one dollars ($18,281) to be
received from the Virginia Department of Fire Programs be
appropriated to line item ii-3202E-5604A Carrollton .Volunteer Fire
Department ($3,656); line. item 11-3202E-5604B Carrsville Volunteer
Fire Department ($3,656); line item i1-3202E-5604F Rushmere
Volunteer Fire Department ($3,65.6); line item 11-3202E-5604D
Smithfield Volunteer Fire Department ($3,656); and line item 11-
3202E-5604E Windsor Volunteer Fire Department ($3,656) in the 1990-
91 Budget of the County of Isle of Wight, Virginia.
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.
The motion to adopt said resolution passed by unanimous vote
(5-0).
County Administrator Standish reported that the Recreational
Facilities Authority has requested- amending the use of funds in the
capital budget.
Supervisor Turner moved the Board approve the request of the
Recreational Facilities Authority to use $17,000 previously
appropriated to complete the ongoing tennis court project at the
Windsor High School. The motion passed by unanimous vote (5-O).
County Administrator Standish reported that Southampton County
has requested the Board's consideration of appointing a member to
serve with their. members on a Regional Advisory Committee on their
State funded farmers' market facility. County Administrator
.Standish stated. the Southampton County Administrator indicated they
wanted to make sure that it reflects a regional attitude.
Supervisor Turner stated he wanted to submit two names for
consideration: Ray Hughes and Edna Brooks Turner.
Supervisor Ross nominated Edna Brooks Turner to serve on the
Advisory Committee. The motion passed (4-0-1) with Supervisor
Turner abstaining.
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Supervisor Edwards moved the Board adopt the following
resolution:
1
A RESOLUTION REQUESTING THE COMMISSIONER
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION.
TO ACCEPT AND INCLUDE THE FOLLOWING STREETS:
Gatling Point Parkway, Spinnaker Run Lane,
Spinnaker Run Court, Regatta Lane,
Shallowford Circle, Mariners Point-Lane,
Water Pointe .Lane, Watch Harbour Circle,
Commodore Lane, James Landing Circle,
South James Landing Court,
North James Landing Court
Clipper Creek Court, Sunrise Bluff Lane,
Clipper Creek Lane, Sunrise Bluff Court
INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in the
Gatling Pointe Subdivision, Newport District, Isle of Wight,
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 States Secondary Road
System.
NOW, 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 Gatling Pointe Subdivision.
1. Gatling Pointe Parkway: Beginning at a point on State
Route 704, 0.68 miles northeast of its intersection with
State Route 669; thence, running in a northerly direction
1.07 miles to Gatling Pointe Parkway.
Length: 1.07 miles
Right of way: variable 50-80 feet
Total length: 1.07 miles
2. Spinnaker Run Lane: Beginning at a point on Gatling
Pointe Parkway, 0.12 miles north of its intersection with
State Route 704, thence running in a southwesterly
direction 0.16 miles to a cul-de-sac.
Length: 0.16 miles
Right of way: 50 feet
Total .length: 0.16 miles
3, Spinnaker Run Court: Beginning at a point on Spinnaker
Run Lane 0.07 miles west of its intersection with Gatling
Pointe Parkway; thence running in a southeasterly
direction 0.12 miles to a cul-de-sac.
Length: 0..12 miles
Right of way: 50 feet
Total length: '0.12 miles
4. Regatta Lane: Beginning at a point on Gatling Pointe
Parkway, 0.18 miles northeast of its intersection with
State Route 704; thence running in a westerly direction
0.10 miles to a cul-de-sac.
Length: O.10 miles
Right of way:. 50 feet
Total length: 0.10 miles.
5. Shallowford Circle: Beginning at a point on Gatling.
Pointe Parkway, 0.29 miles-northeast of its intersection
with State Route 704; thence running in a southwesterly
direction 0.06 miles to a cul-de-sac.
11
Bo~K 14 .~:~67~~
Length: 0.06 miles
Right of way: 50 feet
Total Length: 0.06 miles
6. Mariners Pointe Lane: Beginning at a point on Gatlinq
Pointe Parkway, 0.41 miles northwest of its intersection
with State Route 704; thence running in a southwesterly
direction 0.07 miles to the intersection of Mariners
Circle.
Length: -0.07 miles
Right of way: 50-feet
Total length: 0.07 miles
7. Mariners Circle: Beginning at a point on Mariners Circle
which is 0.07 miles southwest from its intersection with
Gatlinq Pointe Parkway; thence running in a
northwesterly-southwesterly direction 0.19 miles from
cul-de-sac to cul-de-sac.
Length: 0.19 miles
Right of way: 50 feet
Total Length: 0.19 miles
8. Mariners Court: Beginning at a point on Mariners Circle,
0.04 miles form its intersection with Mariners Pointe
Lane; thence running in a southwesterly direction 0.06
miles to a cul-de-sac.
Length: 0.06 miles
Right of way: 50 feet
Total length: 0.06 miles
9. Water Pointe Lane: Beginning at a point on Gatlinq
Pointe Parkway; 0.22 miles south of its intersection with
Gatlinq Pointe Parkway; thence running in a westerly
direction 0.12 miles to a cul-de-sac.
Length: 0.12 miles
Right of way: 50 feet
Total Length: 0.12 miles
10. Watch Harbour Circle: Beginning at a point on Gatlinq
Pointe Parkway, 0.65 miles northeast of its intersection
with State Route 704; thence running in a northwesterly
direction 0.06 miles to a cul-de-sac.
Length: 0.06 miles
Right of way: 50 feet
Total Length: 0.06 miles
il. Commodore Lane: Beginning at a point on Gatlinq Pointe
Parkway, 0.70 miles north of its intersection with State
Route 704; thence running in a northerly direction 0.1?
miles to a cul-de-sac.
Length: 0.17 miles
Right of way: 50 feet
Total length: 0.17 miles
12. James Landing Circle: Beginning at a point on Gatlinq
Pointe Parkway, 0.78 miles northeast of its intersection
with State Route. 704; thence running. in an easterly
direction 0.16 miles to a cul-de-sac.
Length: 0.16 miles
Right of way: 50 feet
Total length: 0.16 miles
12
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13. South James Landing Court:. Beginning at a point on James
Landing Circle, 0.04 miles .east from its intersection
with Gatling Pointe Parkway: thence. running in a
northerly direction 0..06 miles to a cul-de-sac.
Length: 0.06 miles
Right of way: 50 feet
Total length: 0.06 miles
14. North James Landing Court: Beginning at a point on James
Landing Circle, 0.04 miles east from its intersection
with Gatlinq Pointe Parkway; thence running in a
northerly direction 0.07 miles to a cul-de-sac.
Length: 0.07 miles.
Right of way: 50 feet
Total length: 0.07 miles
15. Clipper Creek Lane: Beginning at a point on Gatling
Pointe Parkway, 0.16 miles south of its intersection with
Sunrise Bluff Lane; thence running in a southwesterly
direction 0.24 miles to a cul-de-sac.
Length: 0.24 miles 1
Right of way: 50 feet
.Total length:. 0.24 miles
16. Clipper Creek Court: Beginning at a point on Clipper
Creek Lane, 0.07 miles east from its intersection with
Gatlinq Pointe Parkway; thence running in a southerly
direction 0.06 miles to a cul-de-sac.
Length: 0.06 miles
Right of way: 50 feet
Total length: 0.06 miles
17. Sunrise Bluff Lane: Beginning at a point on Gatlinq
Pointe Parkway, 0.07 miles south of its intersection with
James Landing Circle; thence running in a southeasterly
direction 0.13 miles to a cul-de-sac.
Length: 0.13 miles.
Right of way: 50 feet
Total length: 0.13 miles
18. Sunrise Bluff Court: Beginning at a point on Sunrise
Bluff Lane, 0.06 miles southeast of its intersection with.
Gatlinq Pointe Parkway; thence running in a southwesterly
direction 0.08 miles to a cul-de-sac.
Length: 0.08 .miles
Right of way: 50 feet
Total length: .0.08 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 easements have been provided and are on record
in the Office of the Clerk of the Circuit Court at Isle of Wight
County in Plat Cab. 1, Book 14, Page 191, Slide 374 dated March 3,
1989; Plat Cab. 1, Book 14, Page 8, Slide 364, Dated June 14, 1988;
Plat Cab. 1, Book 14, Page 193, Slide 374 dated March 3, 1989; Plat
Cab. 1, Book 14, Page 29, Slide 365, Dated June 23, 1988; Plat Cab.
1, Book 14, Page 18, Slide 364, Dated June 14, 1988; Plat Cab. 1,
Book 14, Paqe 12, Slide 364, Dated June 14, 1988; Plat Cab. 1, Book
14, Page 16, Slide 364, Dated June 14, 1988; Plat Cab. 1, Book 14,
Page 14, Slide 364, Dated June 14, 1988; Plat Cab. 1, Book 14, Paqe
36, Slide 365, Dated July 1, 1988, and is guaranteed.
The motion to adopt said resolution passed by unanimous vote
(5-0).
13
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Supervisor Edwards moved the Board adopt the following
resolution:
A RESOLUTION REQUESTING-THE COMMISSIONER
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT AND INCLUDE THE FOLLOWING STREETS:
HIDDEN ACRES CIRCLE, WEAVER COURT
WILLIS COURT & ROBINSON WAY
INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in
Hidden Acres Subdivision, Windsor Magisterial District, Isle of
Wight, 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.
NOW, 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 Hidden Acres Subdivision..
1. Hidden Acres Circle: Beginning at a point on State Route
460, 0.76 miles from its intersection with State Route
600; thence running in a northeasterly direction 0.33
miles to a cul-de-sac.
Length: 0.33 miles
Right of way: 50 feet
Total length: 0.33 miles
2. Weaver Court: Beginning at a point- on Hidden Acres
Circle, 0.15 miles northeast. of its intersection with
State Route 460; thence running in s southerly direction
0.08 miles to a cul-de-sac.
Length: .08 miles
Right of ,way: 50 feet
Total length: 0.08 miles
3. Willis Court: Beginning. at a point on Hidden Acres
Circle, 0.22 miles northeast of its intersection with
State Route 460; thence running in a southerly direction
0.08 miles to a cul-de-sac.
Length: 0.08 miles
Right of way: 50 feet
Total length: 0.08 miles
4. Robinson Way: Beginning at a point on Hidden Acres
Circle, 0.28 miles northeast of its intersection with
State Route 460; thence running in a southeasterly
direction 0.24 miles to a cul-de-sac.
Length: 0.24 miles
Right of way: 50 feet
Total length: 0.24 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 easements have been provided and are on record
in the Office of the Clerk of the Circuit Court at Isle of Wight
County in Plat Cab. No. 1, Book No. 14, Pages 112-114, Dated August
22, 1988; Plat Cab. No. 1, Book No. 14, Pages 15 & 16, Dated
December 29, 1989; Plat Cab. No. 1, Book No. 14, Page 6, Dated
March 30, 1990 and is guaranteed.
The motion to adopt said resolution passed by unanimous vote
14
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(5-O) .
Supervisor Edwards moved the Board adopt the following
resolution:
A RESOLUTION. REQUESTING THE COMMISSIONER
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT AND INCLUDE THE FOLLOWING STREETS:
Kings Point .Avenue, Oakwood Lane,
Red Oak Court and Plantation Lane
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in
Wrenn's Mill Estates Section II, Hardy Magisterial District, Isle
of Wight, 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.
NOW, 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 Wrenn's Mill Estates Section II.
1. Kings Point Avenue: Beginning at a point on State Route
1410, 0.07 miles southwest of its intersection with State
Route 10 business; thence running in a southeasterly
direction 0.35 miles to its intersection with Plantation
Lane.
Length: 0.35 miles
Right of way: 50 feet
Total length: .0.35 miles
2. Oakwood Lane: Beginning at a point on Kings Point
Avenue, 0.12 miles from its- intersection with State
Route 1410; thence running in a southeasterly direction
0.30 miles to the intersection of Deer Spring Lane.
Length: 0.30 miles
Right of way: 50 feet
Total length:. 0.30 miles
3. Red Oak Court: Beginning at a point on Kings Point
Avenue, 0.23 miles southeast of its intersection with
State Route 1410; thence running in a southeasterly
direction 0.15 miles to a cul-de-sac.
Length: 0.15 miles
Right of way: 50 feet
Total length: 0.15 miles
4. Plantation Lane: Beginning at a point on State Route 10
business, 0.37 miles from its intersection with State
Route 1410; thence running in a southwesterly direction
0.06 miles to a turn around..
Length: 0.06. miles
Right of way: 50 feet
Total length: 0.06 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 easements have been provided and are on record
in the Office of the Clerk of the Circuit Court at Isle of Wight
County in Plat Cab. 1, Plat Book 13, Paqe 307, Slide 360 and is
guaranteed.
The motion to approve said resolution passed by unanimous vote
15
ao~K 14 ~;,:rf,~~
(5-0).
Supervisor Edwards moved- the Board approve the following
resolution:
A RESOLUTION REQUESTING THE COMMISSIONER-
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT AND INCLUDE GREENFIELD COURT
INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this .Board that streets in
Green Meadows Subdivision, Newport Magisterial District, Isle. of
Wight, 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.
NOW, 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 Green Meadows Subdivision.
1. Greenfield Court: Beginning at a point on State Route
1903,. 0.08 miles east from its- intersection with State
Route 661; thence running in an northeasterly direction
0.11 miles to a cul-de-sac.
Length: 0.11 miles
Right of way: 50 feet
Total .length: 0.11 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 easements have been provided and are on record
in the Office of the Clerk of the circuit Court at Isle of Wight
County in Plat Cab. No. 1, Book No. 12, Page 84, Slide 334, March
1, 1985 and is guaranteed.
The motion to adopt said resolution passed by unanimous vote
(5-0) .
Supervisor Edwards moved the Board approve the following
resolution:
A RESOLUTION REQUESTING THE COMMISSIONER
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT AND INCLUDE LAKE SHORES COURT
INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in the
Lake Shores West Subdivision, Newport District, Isle of Wight,
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.
NOW, 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 street in the Lake Shores West Subdivision.
1. Lake Shores Court: Beginning at a point on State Route
661, which is 0.35 miles north of its intersection with
State Route 1903; thence, running in an easterly
direction, 0.09 miles to a cul-de-sac.
Length: 0.09 miles
Right. of way: 50 feet
16
s
T•,
~~~K 14:,.~E~1
Total length: 0.09 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 easements have been provided and are on record
in the Office of the Clerk of the Circuit Court at Isle of Wight
County in Plat Cab. No. 1, Book No. 12 ,- Page 83, Slide 334, March
1, 1985 and is guaranteed.
The motion to adopt said resolution passed by unanimous vote
(5-0) .
//
Chairman Bradby called for New Business.
Supervisor Ross stated that at the last Southeastern Public
Service Authority (SPSA) meeting, the SPSA Board accepted all. of
the conditions the Board of Supervisors placed on the permit except
Item ,~3 which contained language which. SPSA felt would create a
hardship on financing. Supervisor Ross continued that this was
presented to the Planning Commission who agreed to change the
language in Item ~3. Supervisor Ross read, "The approval shall be
conditioned upon -issuance of the appropriate permits by the
Virginia Department. of Waste Management. Design and operation
shall meet or exceed such State and County standards as may be in
place at the time of construction and any additional requirements
imposed by Isle of Wight County. Any waiver from these standards
shall first receive County approval." Supervisor Ross stated he
had not anticipated any problems with this at SPSA, but SPSA had
indicated a desire that the second sentence be ended following the
words "State standards as may be in place at the time of
construction." Supervisor Ross continued this would be removing,
"and County"; however, the ..last sentence of that statement says,
"any waiver from. these standards shall first receive .County
approval" and this does not remove County involvement from some
control.
County Administrator Standish noted to the Board that in
another condition of the series of conditions levied on the
project, there is a requirement that a detailed contract that must
be agreed to and executed by both the .:SPSA Board and Board of
Supervisors that will .address anything the Board wants it to
address and this is the instrument that makes specific requirements
on the project by SPSA and the Recreational Facilities Authority.
County .Attorney Crook stated their were questions raised with
SPSA by the Planning Commission at their hearings. Mr. Crook
continued that the Planning Commission recommended the original
conditions that the County could add .requirements. Now the
Planning Commission has recommended the final change, i.e., "shall
meet or exceed State and County standards" and if the. Board of
Supervisors is not agreeable to the change, the Board should
consider sending it back to the Planning Commission for public
hearing and comment.
Supervisor Edwards stated he did not think it was necessary
to refer the change back to the Planning Commission for a public
hearing, but a given set of conditions was advertised by the Board
and a public hearing was held on the conditions. Supervisor
Edwards continued that if the. Board now changed the conditions,
then the Board should have another public hearing on the new
conditions.
Supervisor Turner stated he -would agree if it were a
substantial change, but Mr. Crook had pointed out that it was a
matter only of different wording and-the County is still involved.
with what. the County or Planning Commission was attempting to
accomplish. Supervisor Turner .further stated the wording was not
so .wide open that the financing could not be accomplished.
17
~QCK ~4 ~~;~~'~~~
County Attorney Crook stated that if the Board took out the
language of the County involvement, the Board would be making a
substantial change and should hold a public hearing; however, if
the Board changes the wording to say "County standards" as the
Planning Commission recommended, it is not a substantial change and.
the Board can proceed with doing it.
Supervisor Turner movez the Board accept the recommendation
of the Planning Commission and that it be forwarded on to the
Southeastern Public Service Authority. The vote in favor was (4-
i) with Supervisor Edwards voting in opposition to the motion.
//
Chairman Bradby called for Old Business.
1. The application of C. C. Gregory Development, Inc. for
a change in zoning classification from A-1, Agricultural
Limited to Conditional R-1, Conditional Rural
Residential, approximately 110 acres of land located on
the west side of Route 602 between Route 600 and Route
644, in Newport Magisterial District. The purpose of the
application is for a residential subdivision of no .more
than sixty-two (62) lots.. (Tabled July 5, 1990)
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated this rezoning request was tabled by the Board
at their meeting of July 5, .1990. Mr. Caskey continued that the
applicant has submitted a request asking that the .rezoning
application be withdrawn.
Supervisor Ross moved the Board accept the request of
withdrawal. The motion passed by unanimous vote (5-O).
//
Chairman Bradby called for appointments.
Supervisor Ross stated that at the August 2, 1990 meeting of
the Board he moved the Board nominate William Johnston to serve on
the Equalization Board. Supervisor Ross continued that Mr.
Johnston accepted the appointment and then submitted a letter. of
resignation to County Administrator Standish. Supervisor Ross
stated at this time he did not have another nomination.
County Attorney Crook stated if Supervisor Ross wants to
suggest another nomination he could relay it to the Judge.
//
Chairman Bradby called for approval of the July 19, 1990
minutes. '
On recommendation of County Attorney Crook and motion of
Supervisor Ross, the Board voted unanimously (5-0) to approve the
July 19, 1990 minutes of the Board of Supervisors.
//
County Attorney Crook requested an Executive Session under the
Freedom of Information Act, Section 2.1-344 A7, for consultation
with counsel and staff pertaining to matters relative to actual
litigation concerning the Keusal versus Isle of Wight County
pending court case and under the Freedom of Information Act,
Section 3, for discussion and consideration of the acquisition or
use of property for public purposes, specifically the
Carrollton/Carrisbrooke Library.
Supervisor Turner left the meeting at 9:10 P.M.
18
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,.
r~nK 14 ~:~:f
1
1
Supervisor Edwards moved the Board go into Executive Session.
for the reasons stated by .the County Attorney. The motion passed
by unanimous vote (4-O) of those members present. Supervisor
Turner was not present for the vote.
Upon returning to open. session, Supervisor Ross moved the
Board approve 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, Section 2.1-344.1 of the Code of Virginia requires
a certification by the 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: 4
NAYS: 0
ABSENT DURING VOTE: 1
ABSENT DURING MEETING: 1
//
At 9:28 P.M., Supervisor Ross moved the Board adjourn. The
motion passed by unanimous vote (5-0).
//
r-,
~~ '
Myles Standish, Clerk
Henry H. Bradby, Chairman
19