12-17-1998 Regular MeetingaoeK 1~rpC'~~O
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF DECEMBER IN
THE YEAR NINETEEN HUNDRED NINETY EIGHT
PRESENT:. Robert C. Claud, Sr., Chairman
Malcolm T. Cofer
O. A. Spady
Phillip A. Bradshaw
Henry H. Bradby
Also Attending:
H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Claud called the meeting to order at 6:00 p.m. The
invocation was delivered by Supervisor Bradshaw.
The pledge of allegiance was delivered.
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Chairman Claud called for Special Presentations.
Dr. Sujata Buck, Western Tidewater Health District, requested the
County's support in calling to the attention of the .General Assembly
Delegation the need for greater State funding for its various health programs.
Supervisor Bradby moved the Board adopt the following resolution
and directed .that it be forwarded to the General Assembly Delegation, the
Governor and the Director of the State Health Department:
RESOLUTION TO REQUEST ADDITIONAL
STATE FUNDING SUPPORT FOR THE
WESTERN TIDEWATER HEALTH DISTRICT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, recognizes the need for effective public health care for its citizens;
and,
WHEREAS, the Western Tidewater Health District provides an array
of important public health care services; and,
WI-IEREAS, a significant portion of the operating budget of the
Western Tidewater .Health District is funded by the Commonwealth of
Virginia; and,
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WHEREAS, decreases in the State's FY1999-00 allocation to the
Western Tidewater Health District will create a significant shortfall in the
Health District's operating budget.
NOW, '1'HEF~EFaRE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia. requests
that the General Assembly favorably consider the appropriation of adequate
funding to support the operational needs of the Western Tidewater Health
District.
The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw
and Spady voting in favor of the motion (5-0); none voting against.
Allen Turnbull, Bicycling Education Association, briefed the Board on
a proposed bicycling event scheduled for June 27, 1999 in the County. Mr.
Turnbull noted the event would consist of approximately 1,800 bicyclists.
Supervisor Bradshaw noted a concern with safety .and expressed a
desire that all affected citizens be notified in advance of the route of the
event.
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Mr. Turnbull noted typically a detailed map for the day's event would
be published at least a month prior to the scheduled event.
Chairman Claud inquired what permits are necessary to have such an
event in the County.
County Attorney Crook noted that in the past VDOT required a permit
for such events if it involved non-compliance with traffic laws: He stated
the Board further objected to having any such events in the County because
of the cyclists utilizing the entire road and various other complaints from
citizens. County Attorney Crook stated he would research what, if any,
permits may be required and advise the Board of his findings.
Joseph Spratley of Rushmere presented Supervisor. Bradby with a
Certificate of Appreciation from the residents of Rushmere for achievement
above and beyond the call of duty. Mr: Bradby was further presented a gift
certificate from Cowlings Restaurant by Mr. Spratley.
David Hardy resigned from his seat on the Industrial Development
Authority For health reasons and endorsed Willie Edwards to f 11 his
unexpired term.
Supervisor Bradshaw and Chairman Claud thanked Mr. Hardy for his
years of service on the Industrial Development Authority Board of Directors.
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Supervisor Cofer moved the Board amend the order of the agenda in
order to hear comments from Mr. Paul Lee on the County's annual financial
report. The motion was adopted unanimously (5-0).
Paul Lee of Robinson, Farmer, Cox, Associates briefed the Board on
the Annual Financial Report for FY1997-98. He stated the fund balance in
the General Fund was $12.6 million and the tax collection rate stayed fairly
high. The County's biggest area that. needs addressing is that the County
needs to eliminate some of the cash accounts by consolidation.
.Supervisor Bradshaw moved that the report be placed on the January
7, 1999 agenda for the Board's consideration. The motion was adopted as
follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the
motion (5-0); none voting against.
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Chairman Claud indicated the following Consent Agenda included
Items 2, A through D, and asked if there were any items for removal:
A. Resolution Approving the 2000-2005 -Six Year Priority Plan and
the 1999-2000 Construction Budget
B. Preliminary Plat showing Gatling Pointe South, Phase 3A,
Battery Park Road (Route 704), Newport Magisterial District
C. Delinquent Real Estate Tax Collection Monthly Report
D. Regular Meeting Minutes of November 19,-1998
Supervisor Cofer moved the Board adopt all items of the Consent
Agenda. The motion was adopted unanimously (5-0).
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Chairman Claud called for Transportation Matters. °
.Jonathan W. Hartley, Director of Planning and Zoning, noted for the
Board's direction .that during the County's previous meeting with its
legislative delegation on November 5, 1998, it was suggested that the Board
meet with the members of the Commonwealth Transportation Board. He
notified. the Board of a meeting with the District Administrator and Resident
Engineer of VDOT scheduled for January 25, 1999 at 2:00 p.m. at the
VDOT District Office.
Supervisor Spady suggested the matter be revisited following such.
meeting. and that the Board reconsider the matter in the spring. The Board
requested clarification on Route 258 and funding mechanisms.
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Mr. hartley notified the Board that he had received a letter from James
S. Givens, State Secondary Roads Engineer, advising .the County that the
school bus loops at Carrollton, Carrsville, Hardy and Windsor Elementary
Schools and at Windsor Middle/High School have been accepted into the
State Secondary System as of December 4, 1998.
Responding to an inquiry by Supervisor Spady on the status of the
Carrollton Cove Subdivision highway cut-over, Mr. Hartley noted that in
November of 1998 staff met with various VDOT representatives and the
developers of Carrollton Cove. The developers are proposing. to establish a
median cut going towards the post office leaving the median cut to the. fire
station open until such time it is no longer needed. If the Board is interested
in endorsing this, VDOT has indicated it .will allow this cut. to be
established, stated Mr. Hartley.
Supervisor Spady moved the Board not endorse an additional. median
cut on Route 17, as requested by the Carrollton .Cove subdivision developer.
The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and
Spady voting in favor of the motion (5-0); none voting against.
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Donald T. Robertson, Assistant to the County Administrator/Director
of Human Resources, distributed a letter received in the office of the County
Administrator from Walter Segaloff requesting that a portion of Morgans
Beach Road be paved..
County Administrator Caskey noted staff would follow up with. VDOT
regarding maintenance of the roadway and that the matter. would be brought
to the- Board again far its direction in the Six-Year Plan.
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Chairman Claud called for Citizens Comments..
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Sheriff Phelps notified the Board that the burial services for a corpse
found in Jones Creek have been finalized and will take place. at 10:00. a.m.
on December ~ 1, l 998. The service will be held in the Tynes cemetery at a
total cost o` ~ 1,75, stated Sheriff Phelps.
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Chairman Claud called for the Community Development report.
Mr. Hartley presented a .Memorandum. of Agreement by and between
Isle of Wight County and the Western .Tidewater Health District. to address
septic pump-out requirements of the Chesapeake Bay Preservation Act for
the Board's consideration.
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Chairman Claud moved the Board. adopt the Memorandum of
Agreement granting the County Administrator permission to sign the
Agreement. The motion was. adopted as follows: Cofer, Bradby, and Claud
voting in favor of the motion (3-2); Bradshaw and Spady voting against the
motion.
Mr. Hartley notified the Board that he would proceed with the printing
of 5,000 County maps.
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At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order
of the agenda in order to conduct the public hearings. The motion was
adopted unanimously (5-0).
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Chairman Claud called fora public hearing on the following:
The application of Johnnie L. Howell for a Conditional Use Permit to
locate a mobile home to be occupied by his grandson, Anthony Sublin.
The site is located at 234 Pocohantas Avenue, Franklin, in Windsor
Magisterial District.
Chairman Claud called for persons to speak in favor of or in
opposition to the proposed application.
Anthony Sumblin requested approval of placing a mobile home at the
proposed location.
Upon no one speaking in opposition, Chairman Claud closed the
public hearing and called for comments from the Board..
Supervisor Bradshaw moved the Board approve the application of
Johnnie L. Howell, as recommended by the Planning Commission that Mr.
Sublin must remove the mobile home at such time it no longer serves as his
residence. The .motion was. adopted as follows: Cofer, Bradby, Claud,
Bradshaw and Spady voting in favor of the motion (5-0); none voting
against.
Chairman Claud called for a public hearing on the following:
The application of Tidewater Communications, Inc. and Sprint PCS
for a Conditional Use Permit to utilize an existing tower for an antenna array
and to locate an equipment cabinet area at the base of the tower. The site is
located on the east side of Walters Highway (Route 258) between Bank
Street and Doubletree Lane in Windsor Magisterial District.
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Chairman Claud called for persons to speak in favor of or in
opposition to the proposed application.
Glenn W. Hampton, Attorney, McGuire Woods Battle & Booth,
represented the applicants and stated that this. proposal is utilizing. an
existing tower for an antenna array which is in keeping with the County's
ordinance. Attorney Hampton noted he is attempting to minimize the
number of new towers in the County.
Upon no one speaking in opposition, Chairman Claud closed the
public hearing and called for comments from the Board.
Supervisor Bradshaw requested the County Attorney advise the Board
on whose responsibility it would be to remove the antenna, if abandoned.
County Attorney Crook advised there is normally an agreement
between Sprint and the owner of the property or, in this case, the existing
tower to determine that responsibility.
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Supervisor Bradshaw moved the Board approve the application of
Tidewater Communications, lnc. The motion was adopted as follows:
Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-
0); none voting against.
Chairman Claud called for a public hearing on the following:
The application of J. B. Whitmore, owner, .and Christie A. Bolton,
prospective owner, for a change in zoning classification from RAC,
Rural Agricultural Conservation, to C-RR, Conditional Rural
Residential. The site is approximately five (5) acres of land located on
the south side of Mill Swamp Road (Route 621) between Modest Neck
Road (Route 625) and Green Level Road .(Route 683) in Hardy
Magisterial District. The purpose of the application is to create one
single family dwelling lot.
Chairman Claud called for persons. to speak in favor. of or in
opposition to the proposed application.
Christie A. Bolton requested the Board approve. the application for a
single-family dwelling.
Upon no one speaking in opposition, Chairman Claud closed the
public hearing and called for comments from the Board.
Supervisor Bradshaw noted the location is outside of the service area
and there are no conditions offered.
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Supervisor Bradby moved the Board approve the application of J. B,
Whitmore. The motion was adopted as follows: Gofer, Bradby, Claud and
Spady voting in favor of the motion (4-1); Supervisor Bradshaw voting
against.
Chairman Claud called for a public hearing. on the following:
The application of Thurman W. & Virginia H. Manning for a change
in zoning classification from RAC, Rural Agricultural Conservation, to
C-SE, Conditional Suburban Estate, approximately .926. acre of land
and to C-RAC, Conditional Rural Agricultural Conservation,
approximately 4.734 acres of land located. at 24104 Sugar Hill Road,
Carrollton, in Newport Magisterial District. The purpose of the
application is to create a lot around the existing residence.
Chairman Claud called for persons to speak in favor of or in
opposition to the proposed application.
Thurman W. Manning appeared and stated he would answer any
questions the Board may have regarding the application.
Upon no one speaking in opposition to the application, Chairman
Claud closed the public hearing and called for comments from the Board.
Supervisor Spady moved. the Board approve the application of
Thurman W. & Virginia H. Manning, as proffered. The motion was adopted
as follows: Cofer, .Bradby, Claud, Bradshaw and Spady voting in favor of
the motion (5-0); none voting against.
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Supervisor Cofer moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
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Chairman Claud. called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, noted bids for
the Windsor Sewer Project were received for Lines l .and 2 for the Board's
consideration. Mr. Rountree noted AES Engineers has evaluated the ten
(10) bids received and recommends that the project be awarded to Franklin
Mechanical.
Chairman Claud moved the Board approve the contract with Franklin
Mechanical, Inc.. in the amount of $1,946,593, subject to the County
Attorney's approval of the contract form, and adopt the following Resolution
to Appropriate $2,000,000 From the Utility Construction Fund for the
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construction of the Windsor Vacuum and Gravity Sewer System in the
Central Development Service District:
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RESOLUTION TO APPROPRIATE TWO MILLION DOLLARS
FROM THE UTILITY CONSTRUCTION FUND FOR THE
CONSTRUCTION OF THE WINDSOR VACUUM AND GRAVITY
SEWER SYSTEM IN THE
CENTRAL DEVELOPMENT SERVICE DISTRICT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the .funding for the construction of the Windsor
Vacuum and Gravity Sewer System in the Central Development Service
District; and,
WHEREAS, the funds in the amount of two million dollars
($2,000,000) need to be appropriated from the Utility Construction Fund. to
the 1998-99 Capital Projects Budget of Isle of Wight County fore the
construction of the Windsor Vacuum and Gravity Sewer System to serve the
Central Development Service District located in Isle of Wight County.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of isle of Wight, Virginia that two.
million dollars ($2,000,000) be appropriated from the Utility Construction
Fund to the 1998-99 Capital Budget of Isle of Wight County.
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 things necessary to give
this resolution effect.
The motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw
and Spady voting in favor of the motion (5-0); none voting against.
Mr. Rountree presented the Windsor Sewer Vacuum Station bids for
the construction of a vacuum sewer pumping station and related work. Mr.
Rountree stated AES Engineers will evaluate the six (6) .bids received and
will recommend that the project be awarded to the lowest responsible
bidder, Peters and White Construction Company, in the amount of
$884,950.
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Chairman Claud moved the Board approve the low bid with Peters and
White Construction Company in the amount of $884,950. pending a
recommendation by the County's engineer and County Attorney's approval of
the contract and adopt the following Resolution to Appropriate $950,000
From the Utility Construction Fund for the Windsor Sewer Vacuum Lift
Station Construction in the Central Development Service District:
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RESOLUTION. TO APPROPRIATE NINE HUNDRED FIFTY
THOUSAND DOLLARS FROM THE UTILITY CONSTRUCTION FUND
FOR THE WINDSOR SEWER VACUUM LIFT STATION.
CONSTRUCTION IN THE CENTRAL DEVELOPMENT SERVICE
DISTRICT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the funding for the construction of the Windsor Sewer
Vacuum Lift Station in the Central Development Service District; and,
WHEREAS, the funds in the amount of nine hundred fifty thousand
dollars ($950,000) .need to be appropriated from the Utility Construction
Fund to the 1998-99 Capital Projects Budget of Isle of Wight County for the
construction of said sewer vacuum lift station to serve the Central
Development Service District located in Isle of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that nine
hundred -fifty thousand dollars {$950,000) be appropriated- from the Utility
Construction Fund to the 1998-99 Capital Budget of Isle of Wight County..
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 things necessary to give
this resolution effect.
The. motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw
and Spady voting in favor of the motion (5-0); none voting against.
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Chairman Claud called for the County Administrator's report.
William Greaves, AIA, provided the Board a briefing on various.
change orders for the Carrollton Library. In .response to questions by
Supervisor Spady, Mr. Greaves admitted that the change order to add .roof
vents in the amount of $2,260.05 was due to a design error on his part.
Supervisor Cofer moved the Board allocate $5,304.75 from the Capital
Contingency Fund for the Carrollton Public Library project. The motion was
adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in
favor of the motion (5-0); none voting against.
County Administrator Caskey noted eight (8) bids were received for
the addition. to the existing Windsor Library anal the current Capital Budget
includes $32,000 for such improvements. He further noted the Friends of
the Windsor Library have a sum of $10,000 also available. The low bid of
$48,750 was submitted by Freeman. and Associates. Mr. Caskey stated staff
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recommends, the Board approve. the contract with Freeman and Associates in
the amount of $48,750, subject to the County Attorney's review and
approval of form.
Supervisor Bradshaw moved the Board approve the contract with
Freeman and Associates for the Windsor Library addition in the amount of
$48,750, subject to the County Attorney's review and approval of form with
$6,750 coming from the Capital Budget Contingency Fund. The motion
was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady voting
in favor of the motion (5-0); none voting against.
Regarding the matter of emergency communications, Mr. Robertson
noted Commercial Radio has been contacted and it was his anticipation that
information would be available for the Board this evening, however, he was
advised that the engineers are still working on it and that the .information
would. be forthcoming from a vendor for the Board's consideration at its
January 7, 1999 meeting. Mr. Robertson noted that the cost would be
between $150,000 and $300,000 to fix the current problem.
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Ludford T. Creef, III, Director of Public Works, addressed the Board
on the matter of an unmanned solid waste collection site to serve the Central
Hill and Comet communities and the western reaches of the County. Mr.
Creef recommended that the Board have one site to serve this. area as he
believes this will be sufficient to serve the needs of the citizens.
Supervisor Cofer moved the Board direct staff to .work with. the
Crocker brothers to ar~ove the site to their.. suggested location in Central Hill
and that the Director of Public Works and the County Attorney work with
the Ramseys on a lease for the location of a second dumpster site. The
motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw and Spady
voting in favor of the motion (5-0); none voting against.
County Administrator Caskey noted several proposals-were presented
regarding State/local revenue sharing at the recent meeting of the Hampton
Roads Mayors/Chairs. Information provided by John Whaley, .Hampton
Roads Planning District Commission, was distributed.
Chairman Claud noted that the .matter of sharing- State tax revenue
would be discussed at the. Mayors and Chairs meeting tomorrow.
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County Administrator Caskey noted that all previously discussed:
changes to the County's 1999 Legislative Priority .List had been
incorporated. The Health Director's request will be included and the
priorities would be forwarded to the appropriate State agencies and the
Governor, noted Mr. Caskey.
Debbie Sivertson, Administrative Analysis, distributed Isle of Wight
County Citizen's Guides for the Board's perusal and use.
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Mr. 'Caskey reminded the Board of the Town Meeting scheduled for
January 9, 1999 at 10:00 a.m. at the Windsor Middle/High School
Auditorium. Mr. Caskey noted. public notices would be published prior to
the meeting date and that an appropriate agenda would be prepared in
advance.
Don Robertson provided the Board with an update on the Fire and
Rescue. Study. He stated all information requested from the various units
has. been received and a complete document should be forthcoming the
second .week in January of 1999. °
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Chairman Claud called for Old Business.
There was no old business offered for discussion by the Board.
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Chairman Claud called far New Business.
There was no new business offered for discussion by the Board.
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Chairman Claud cal ed for Appointments.
Chairman Claud moved the Board appoint J. Kevin Duck, to fill the
unexpired term of Francis Griffin, representing the Windsor District on the
Planning Commission. Mr. Duck's term will expire in February of 1999.
The motion was adopted unanimously (5-0).
Supervisor Spady moved the Board accept David Hardy's resignation
from the Industrial Development Authority. The motion was adopted
unanimously (5-0). °
Supervisor Bradby moved the Board appoint Willie Edwards to fill the
unexpired term of David Hardy, representing the Hardy District, on the
Industrial Development Authority. Mr. Edwards' term will expire in April
of 2002. The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board direct staff to prepare an
appropriate resolution recognizing David Hardy for his years of service. The
motion was adopted unanimously (5-0).
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Chairman Claud called for the County Attorney's report.
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County. Attorney Crook presented a deed from the. School Board to the
Board of Supervisors for the pumping station irr Windsor that was approved
by the School Board and needs to be approved by the Board of Supervisors
and authorize the Chairman to sign on behalf of the Board of Supervisors to
accept the deedo
Supervisor Bradshaw moved the Board authorize the Chairman. to sign
the pump station deed from the School Board on behalf of the Board. The
motion was adopted as follows: Cofer, Bradby, Claud, Bradshaw-and Spady
voting in favor of the motion (5-0); none voting against.
County Attorney Crook noted the Board had previously approved the
Royer contract subject to his approval. County Attorney Crook notified the
Board that he has now reviewed and approved the contract.
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County Attorney Crook requested an executive session under Section 2.1-
344 A3 regarding four (4) matters for consultation with counsel and staff
involving acquisition and/or use of property for public purposes; one matter
under Section 2. I -344 A7 concerning a legal matter requiring legal advice;
and, under Section 2.1-344 A7 involving potential litigation requiring advice
of counsel and staff.
County Administrator Caskey requested an executive session under
.Section 2.1-344 Al concerning three (3) personnel matters.
Supervisor Bradshaw moved the Board enter executive session for the
reasons stated. The motion was adopted unanimously (5-0).
Upon returning to open session, Supervisor Cofer moved the Board
adopt 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,:
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WHEREAS, 2.1-344.1A 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
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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 heazd, discussed or
considered by the Board of Supervisors.
VOTE
AYES: (Cofer, Bradby, Claud, Bradshaw and Spady)
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted as follows: Cofer, Bradby, Claud, Spady and
Bradshaw voting in favor of the motion (5-0); none- voting against.
Supervisor Spady moved the Board approve the option for the property
discussed in executive session provided the option period is extended .from
January 1, 1.999 to April 1, 1999. The motion was adopted. as follows: Cofer,
Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none
voting against.
Supervisor Cofer moved the Board direct the County Attorney and Public
Utilities Director to appear at the State Corporation Commission hearing on the
C&P water franchise application. The motion was adopted as follows: Cofer,
Bradby, Claud, Bradshaw and Spady voting in favor of the motion (5-0); none
voting against.
Supervisor Spady moved that the original request. of the Department of
Public Utilities for a dump truck be approved. The motion was adopted as
follows: Cofer, Bradby, Claud, Bradshaw and Spady voting in favor of the
motion (5-0); none voting against.
Supervisor Cofer. moved the Board adjourn its meeting at 9:20 p.m. The
motion was adopted unanimously (5-0).
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O. A ady, irman
W. Doug s skey, Cle
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