09-07-2000 Regular Meeting90~M ~~ ~r.:•~`r~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTH DAY OF SEPTEMBER IN THE
YEAR TWO THOUSAND
PRESENT: Phillip. A. Bradshaw, Chairman
Henry H. Bradby, Vice-Chairman
Robert C. Claud, Sr.
Stan D. Clark.
Richard K. MacManus
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Bradshaw called the meeting to order at 2:00 p.m. The
invocation was delivered by Supervisor MacManus.
The Pledge of Allegiance was .conducted.
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Supervisor Claud moved the Board amend the order of the regular
.agenda and adopt the following resolution in recognition of the contributions
of Mrs. Gracie G. Porter:
RESOLUTION IN RECOGNITION OF
THE CONTRIBUTIONS OF
MRS. GRACIE G. PORTER
WHEREAS, Mrs. Gracie G. Porter was an extremely active citizen,
contributing immensely to the quality of life. for Isle of Wight County
residents for several decades; and,.
WHEREAS, in an effort to enhance participation and equality in
government, Mrs. Porter was actively involved in the registration of voters
throughout Isle of Wight County; and,
WHEREAS, Mrs. Porter made significant contributions to the
Commission on Aging and the Isle of Wight County Extension Office,
where she was a member of 4-H for 45 years; and,
WHEREAS, Mrs. Porter served faithfully as an employee of the Isle of
Wight County School Board for 39 years.
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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 the
contributions of Mrs. Gracie G. Porter are recognized .and. appreciated for
their significance to the quality of life for all citizens.
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The. motion ,was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Bessie Rowlett accepted the resolution on behalf of her deceased
sister.
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Chairman Bradshaw called for Special Presentations.
Constance Rhodes, Executive Director/Chamber of Commerce
presented a request for an Isle of Wight Bicycle and Pedestrian Path Plan.
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Supervisor MacManus moved the Board approve the concept of the
proposed bicycle and pedestrian path plan and refer same to the Planning
Commission for their review and recommendation(s) back to theBoard
relative to its adoption into the. County's 1991 Comprehensive Plan. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
Chairman Bradshaw further moved that the Board appoint Supervisor
MacManus on the .Bicycle and Pedestrian Facilities Committee. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
Cliff Burnette, Virginia Department of Aviation, briefed the Board on
the status of the. Eastern Virginia Aviation System Study.
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Chairman. Bradshaw, noting that the majority of the sites for the
proposed airport. are located in the County, stated he would like to have. a
representative from staff or the Board involved in further discussions..
Mr. Burnette noted that- :the .Secretary of .Transportation would
welcome arepresentative- from the County being involved in the process.
He noted that the County has been. represented. in the past via the Hampton
Roads Planning District Commission.
.Chairman Bradshaw moved the Board direct the County Administrator
to send a letter to the Secretary of Transportation noting the County's desire
to have a representative on the study committee. The motion was adopted
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with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
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Supervisor MacManus moved the Board amend the regular .order of
the agenda to consider the Consent Agenda. The. motion was adopted
unanimously (5-0).
Chairman Bradshaw indicated the following Consent Agenda included
Items 1, A through C, and asked ifthere were any items for removal:
A. V-STOP Grant Program
B. August 1, 2000 Regular. Meeting Minutes
Supervisor MacManus moved the Board adopt all items of the Consent
Agenda. The motion was adopted with Supervisors. MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
,Supervisors voting against the motion.
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Chairman Bradshaw called for Regional Reports.
Regarding the Hampton Roads Partnership, Chairman Bradshaw
advised that the County Administrator and Supervisor Claud will .attend a
retreat scheduled for this month.
Regarding the Hampton Roads Economic Development Alliance,
Chairman Bradshaw advised that there was not a meeting held this month.
Regarding the Mayors and Chairs Caucus, County Administrator
Caskey noted he had provided the Board with a report listing the business
items discussed at the. Mayors and Chairs meeting, as well as issues
discussed at the SPSA meeting.
.Regarding the Southside Mayors and Chairs, Donald T. Robertson,
Assistant County Administrator/Director of Human Resources, noted the
Work Force Development was the primary topic of discussion. He further
noted a regional agreement was developed .and authorization was given to
move forward to ensure southside Hampton Roads acts as a cohesive unit.
Regarding the Hampton Roads Planning District Commission,
Supervisor Claud noted routine business was handled at this meeting.
Regarding .the Southeastern Public Service .Authority, County
Administrator Casket' noted long-term financing alternatives were discussed
and action on this matter is anticipated at their September, 2000 meeting.
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He noted a strategic management planning work .session was also. set .for
November 9, 2000 to update the strategic plan adopted in October of 1995.
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Regarding the Western Tidewater Regional Jail Authority, Supervisor
Claud noted there was no August meeting held, but a .meeting will be held
.next week.
Regarding the Western Tidewater Water Authority, Supervisor Claud
noted work has begun on the water line that will tie the water line from
Suffolk into the County. He noted completion of the project is anticipated in
nine (9) months. .
Regarding. -the International Paper Advisory Council, Chairman.
Bradshaw noted there was no meeting held.
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Calvin Jones, Western Tidewater Health District, addressed the Board
on the new statewide regulations,effective July 1, 2000 for sewage disposal.
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Chairman Bradshaw noted that the County Administrator had to leave
the meeting and the Assistant County Administrator would be filling in for
Mr. Casket'.
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Beryl H. Perry,. Treasurer, addressed. the Board concerning a $900,000
shortfall in revenues.. He stated his office has changed the method by which
-the computer system recognizes revenue over the period ending June 30,
.2000 to pick up the actual revenues for taxes.. He noted the new method was
requested by the County's auditors. He stated he was previously doing this
by manual adjustment at the end of the period to adjust- from actual
revenues. He stated .June 30, 1999 was phased in and -there is an entry
necessary to correct an entry that converted the total assessments to actual
revenues for June 30, 1999 which was erroneously listed on the revenue
ledger for June 30, 2000. He stated the delinquent tax collections are the
only items that are not listed on the revenue ledger which, in the past, have
made up for the difference in the uncollected current revenues as shown on
.the revenue report..
Chairman Bradshaw noted that where the budgeting process was
completed based on. revenues, the Director of Budget and Finance advised
the Board that the information previously provided to her by the. Treasurer is
approximately $900,000 short of what was expected. He stated. that because
the information Mr. Perry previously provided to the Director of Budget and
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Finance is $900,000 less than anticipated, this is causing the County to have
to re-evaluate its financial position.
Supervisor Claud stated he would expect and hope that the Treasurer's.
office would implement a procedure where the .Director of Budget and
Finance could obtain an accurate status of the County's finances at any
given time of the month.
Supervisor Bradby expressed a concern that the Board approved a
Capital Budget based on figures provided to the Director of Budget and
Finance from the Treasurer, but now the Board .'has been informed of a
$900,000 shortfall in revenues. He stated he does not know how to respond
to citizens when asked about the shortfall.
Mr. Perry stated the reporting was consistent with the method in
which it was done in prior years, which should be very close to actual
collections and what has been used in the past for this calculation, and the
revenue ledger should reflect $740,000. coming back in to offset this. Mr.
Perry stated he is not confident that the $900,000 is a shortfall and further
investigation is warranted.
Chairman Bradshaw inquired if the Treasurer would concur with a
detailed audit being done to which Mr. Perry responded affirmatively.
Supervisor Clark asked Mr. Perry to review the matter over the next
several days and determine if there is a $900,000 shortfall. He further asked
Mr. Perry if he would agree to meet with the Director of Budget and Finance
as to the County'scurrent financial status.
Chairman Bradshaw moved the Board. direct the Budget and Finance
Director and the County Administrator meet with the Treasurer and present
back to the Board as soon. as possible a report. as to the County's current
financial status. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the, motion (5-0) and
no Supervisors voting against the motion.
Chairman Bradshaw further moved that the Board direct the .County
Administrator and the Director of Budget and Finance to meet with the
County's auditors and request an extensive audit be performed of the
Treasurer's Department in conjunction with the County's audit. The motion
was adopted with .Supervisors MacManus, Bradby, Bradshaw, .Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
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Chairman Bradshaw called for Transportation Matters.
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Jonathan W. Hartley, Director of Planning and Zoning, addressed the
Board on informationreceived from the VDOT Resident Engineer in regards
to the Jones Creek Bridge on Rescue Road (Route 704). He noted the
current bridge is at a height of eight (8) feet and the height design for the
proposed bridge has been proposed for seventeen (17) feet. He noted a
review of whether fifteen (15) would save significant funds, however, the
dif~'erence in cost between fifteen (15) feet and seventeen (17) feet was only
$10,000 and so the decision was made to proceed with the seventeen (17)
feet. He stated VDOT is requesting a resolution endorsing the proposed
plans by the. end of this month and the Resident Engineer will be present at
the. Board's September 21, 2000 meeting should the Board wish to address
the matter further.
Supervisor Glark stated. before .the Board .adopts a resolution in
support he would recommend staff advertise that the Board is considering a
resolution and seek input from the public.
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Supervisor Clark .moved the Board. direct staff to advertise a public
hearing at the: Board's September 21, 2000. meeting that the :County is
considering a formal resolution adopting VDOT's recommendation to
expand the bridge to seventeen (17) feet and request citizens to attend who
are interested in .addressing the Board on this issue. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the emotion (5-0) and no Supervisors. voting against the
motion.
Pat Clark of Twin Hill Lane notified the Board that the VDOT
Resident Engineer has agreed to speak to the Rescue Community League on
September 14, 2000 in an effort to resolve .questions concerning the forms
sent back in to VDOT. He stated Mr. Neblett will show the League how. the
community will `be impacted.
Mr. Hartley presented a request from the Town of Windsor for a traffic.
control device at the Windsor Volunteer Fire Department.
Supervisor Claud moved the Board endorse the request of the Town of
Windsor for a traffic control device to be located at the Windsor Volunteer
Fire Department. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and
no Supervisors voting against the motion.
Supervisor Bradby moved the Board direct Mr. Hartley to contact
VDOT and request that a traffic control device also be placed at the
Rushmere Volunteer Fire Department on Route 10. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
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Chairman Bradshaw called for Citizens Comments..
Jerry Ann Gardner and Mary Alexander, representing the Isle. of Wight
Citizens .Association, requested a letter of ..support from the County
nominating Ragged Island Creek as an Exceptional Waterway for
designation by the Department of Environmental Quality and that it be
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incorporated into the .revised Comprehensive Plan.
Supervisor Clark moved that staff incorporate this matter into the
Board's .agenda for the.- next meeting and that in the meantime staff be
directed. to review .and provide a report. to the Board. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
Bill Hayes of Battery Park addressed the Board concerning emergency
shelter training. Mr. Hayes requested that any post reports on Hurricane
Floyd on the evacuation and the opening of the shelters be provided to him.
He expressed concern that there. have been no funds allocated for emergency
shelters in the community, nor any storage place for cots and blankets.
Chairman Bradshaw stated two (2) committees have prepared a
follow-up and evaluation on .the process and he requested Mr. Hayes. meet
with Mr. Robertson to review the follow-up report prepared on Hurricane
Floyd.
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Chairman Bradshaw called for the Community Development report.
Mr. Hartley presented a summary of long range planning/special
projects within the Department of Flanning and Zoning .for the Board's
review.
Chairman Bradshaw directed Mr. Hartley to meet with Mr. Robertson
and Ms. Seward to determine what is necessary to implement Mr. Hartley's
request.
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Chairman Bradshaw called for the Public Utilities .report.
There was no report offered.
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Chairman Bradshaw called for the Economic Development report,
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There was no report offered.
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Chairman Bradshaw called for the Parks and Recreation report.
There was no report offered.
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Chairman Bradshaw called for the County Administrator's report.
Mr. Demetrios Peratsakis, Executive Director, Western Tidewater
Community Services, requested the Board's support in the FY2001
Performance Contract and budget as submitted to the Department of Mental
Health.
Supervisor Claud moved the Board approve the Performance Contract
contingent upon the review of the County Attorney. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
Regarding the issue of the Gas and Electric Utility Tax conversion due
to deregulation, the Director of Budget and Finance noted the issue would
be brought to the Board at its ..September 21, 2000 meeting at which time
she will be requesting the Board's authorization to .advertise it for public
hearing at the Board's October 19, 2000 meeting.
Mr. Robertson presented a request for $250 to represent the County's
pro-rata share of a By the People, For the People Conference.
Supervisor Claud moved the -Board appropriate $250 from the
contingency fund. ,The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Mr. Robertson noted the County has applied for a Hazard Mitigation
Grant to assist individuals affected. by Hurricane Floyd. He noted a-letter of
.approval has been received for a portion of the application and staff is still
anticipating the same type of feedback for the Zuni application.
Mr. Robertson provided the .Board with an update on mosquito
control. He advised that surveillance began last week in the County. which.
will continue over a six (6) week period. He noted the population of
mosquitoes, the. species of mosquitoes, and whether or not these mosquitoes
might carry infectious diseases will be determined.
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Richard O. Childress, Director of .Emergency Management, reported
that the National Weather Service has advised that the Blackwater River is
expected to crest one (1) foot over flood stage at 2:00 a.m. this morning. He
noted-the City of Franklin is expecting to receive minor flooding, as well as
the area of Zuni. He noted the topic of centralized dispatching .was
discussed at-the most recent meeting of the Fire .and Rescue Association. He
presented for the Board's consideration a resolution adopted by the Town. of
.Smithfield requesting that the County. provide funding for personnel and
assist in funding an expansion of the Town's dispatch center. He further
distributed a copy of a status report for the action plan .for the Hurricane
Floyd storm.
Supervisor MacManus moved the Board direct the County Attorney to
attend the next Fire and Rescue Association meeting to answer concerns
with Item #4 (Procurement Act) of the policy resolution adopted by the
Board.. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor Clark .moved the Board direct Mr. Childress to -get
recommendations for the Board's consideration with regard to each fire and
rescue location where the need is present for traffic control in conjunction
with the Fire and Rescue Association. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0}and no Supervisors voting against the motion.
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Chairman Bradshaw called for the County Attorney's report.
County Attorney Crook reported that he had met .with all County
Boards and Commissions which would be affected by the proposed
Disclosure Ordinance except the Industrial Development Authority.. He
noted that the comment of some members indicated that they did not
understand the. new ordinance and that after he explained it to them most
were satisfied.
Supervisor Claud noted. that. in view of the fact that the County
Attorney has not spoken with the IDA members, he would request that the
County Attorney speak -with them at their meeting tomorrow and report back
to the Board and then the Board can authorize him to advertise the matter
for public hearing.
County ..Attorney Crook requested authorization from the Board to
prepare an amendment for the Board's consideration to the Chesapeake Bay
Preservation Area Ordinance dealing with public notice. He stated there are
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no provisions in the .Chesapeake Bay Act for public hearings for variances or
exceptions.
Supervisor Clark moved the Board authorize the County Attorney to
draft an amendment to the Chesapeake Bay Preservation Area Ordinance for
public hearings and incorporate appropriate fees. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting .against the motion.
County Attorney Crook advised a joint lease agreement has .been
negotiated and forwarded to the Real Smithfield Jaycees and Children's
Center for their review. He noted copies of the lease, would be forwarded to
the. Board for its consideration. at its September 21, 2000 meeting.
County Attorney Crook ..stated he has. not heard from Charter
Communications regarding the proposal he forwarded.. He stated Supervisor
Claud had suggested that a provision be added to the agreement that Charter.
Communications would .serve areas of less density. He noted he would.
revise the Charter Communications agreement to include Supervisor. Claud's
recommendation that a provision be added than Charter will serve areas of
less density. He requested other Board members to forward to him their
suggestions for incorporation in the proposal.
County Attorney Crook notified the Board that the next meeting with
AES will be September 21, .2000 in his office and he would .advisee the
Board members in case they wished to attend.
County Attorney Crook noted the. Commission on Local Government
gave its favorable report on the Windsor annexation. He stated the process
is now a petition to the court for approval which may require the Board and
the Windsor Town Council again- confirming the agreement which has
already been signed by both parties.
County Attorney Crook noted he had several other matters for closed
session later in the meeting.
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Chairman Bradshaw called for Old Business.
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A. An Economic Development Policy and Procedure to Govern. A
Business Recruitment Campaign Entitled Wanted-New Business
Investment-Reward
Patrick J. Small, Director of Economic Development, requested the
Board's approval of the Economic Development Policy and Procedure to
Govern A Business Recruitment Campaign Entitled Wanted-New Business
Investment-Reward.
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Supervisor. Bradby moved the :Board .approve the ~ Economic
Development Policy and Procedure to Govern A Business Recruitment
Campaign Entitled Wanted-New Business Investment-Reward. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
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B. Incentive Policy
Mr. Small presented an Incentive Policy for the Board's consideration.
He noted Item 2, Section G, has been added which allows the Board to
provide incentives for companies that may not meet the County's capital
investment criteria, but which pay wages in excess of the average County
wage.
County Attorney Crook suggested rewording #2 the second line after
the word "determine" "the Director of Economic Development acting on
behalf of the Authority shall determine for recommendation to the Board and
the IDA the need to provide incentive funds". Under Item C, Supervisor
Claud recommended "creates a base of at least twenty-five (25) new full-
time..." County Attorney Crook suggested rewording Section C, #1, 2 and
3 to delete "A" after above and insert "the said." ~,
.Supervisor Claud moved the Board approve the amendments as stated
above. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Chairman Bradshaw requested the Board establish a committee to
work with the County Attorney regarding use guidelines for Historic
Boykin's Tavern.
Supervisor MacManus moved the Board approve . the
recommendations .with the County Attorney serving as the Chairman. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of .the motion (5-0) and no Supervisors voting
against the motion.
Supervisor MacManus notified the Board that the Smithfield Town
Council suspended its approval on the commercial property located on the
northeast corner of Nike Park and Battery Park Roads.
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Chairman Bradshaw called for New Business.
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Supervisor, MacManus stated during the joint Planning Commission
meeting, examples were presented concerning the proffer system. He stated
he was impressed with Hanover County's resolution.
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Supervisor MacManus moved the Board direct staff to prepare a
proffer system resolution with the Hanover County resolution being used as
an example. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no
Supervisors voting against the motion..
Supervisor MacManus requested the Director of Public Utilities
provide the Board with feedback on the meetings with the State regarding
fluoride levels.
Chairman Bradshaw moved the Board direct staff to have the issue
placed on the agenda for the Board's October 5, 2000 meeting. The .motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting iri favor of the motion (5-0) and no Supervisors voting against
the motion.
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Chairman Bradshaw called for Appointments.
There were no nominations for appointments made.
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County Attorney Crook requested a closed session .under Section 2.1-
344 AS of the Freedom of Information Act concerning three (3) matters
involving location or expansion of industry that have not been previously
disclosed; two (2) matters under Section 2.1-344 A3 involving acquisition or
use of public property where public disclosure could adversely affect the
County's negotiating position; under Section 2.1-344 A7 involving an
existing contract and the discussion concerning it which would impact the
renewal of that contract and/or other alternatives the County may have; and
under Section 2.1-344 A7 involving potential litigation for advice of
counsel.
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Supervisor Clark requested a closed session under Section 2.1-344 A7
of the Freedom. of Information Act concerning potential litigation requiring
advice of counsel.
Mr. Robertson.requested aclosed session under Section 2.1-344 Al of
the Freedom of Information Act concerning two (2) personnel matters.
Supervisor MacManus moved the Board enter closed session for the
reasons .stated. The motion was adopted with Supervisors MacManus,
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Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion:
Upon returning to open session, Supervisor Claud moved the Board
adopt the following resolution:.
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed 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 D of the Code of Virginia requires a certification
by this Board of Supervisors that such closed 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 closed .meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors:
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MacManus, .Bradby,
Bradshaw, Clark .and Claud voting in favor of the motion (5-0) and no
Supervisors voting against. the motion.
Supervisor MacManus moved the Board. direct the County Attorney to
take legal action on the zoning violation as discussed in closed session. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud .voting in favor of the motion. (5-0) and no Supervisors voting
against. the motion.
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At 5:50 p.m., Supervisor Bradby moved the. Board adjourn. The
motion was adopted unanimously (5-0).
hilli .Bradshaw, Chairman
W. Dou as skey, Clerk
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