09-20-2001 Regular Meeting..
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY. BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF SEPTEMBER IN
THE YEAR TWO THOUSAND AND ONE
PRESENT: Henry H. Bradby, Chairman
Robert C. Claud, Sr., Vice-Chairman.
Stan D. Clark
Richard K. MacManus
Phillip A. Bradshaw
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 Bradby called the meeting to order at 6:00 p.m. The
invocation was delivered by Supervisor Bradshaw.
The Pledge of Allegiance was conducted.
Donald T. Robertson, Assistant County Administrator/Director of
Human Resources, led the audience in "My,Country Tis of Thee."
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Chairman Bradby called for. Special Presentations..
Alan S. Nogiec, Director of Parks and Recreation, acknowledged
the efforts of the Ramp of Dreams and others in the community, in
particular, Terry Chung and her son,. who h9elped to create the skate park
designed for in-line skates and skateboards ht the Nike Park facility.
Supervisor MacManus moved the Board adopt the following
resolution:
RESOLUTION TO RECOGNIZE
THE "RAMP OF DREAMS"
WHEREAS, the "Ramp of Dreams" is 'an organization dedicated to the
development of youth in Isle of Wight County; and,
WHEREAS, the "Ramp of Dreams" was instrumental with the.
creation of the Skate Park located at Carrollton Nike Park; and,
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WHEREAS, the members of the "Ramp of Dreams" .have assisted the
.Department of Farks and Recreation with the design and construction of the
Skate. Park; and,
WHEREAS, the "Ramp. of Dreams" has purchased. and donated a
major component. of the Skate Park to Isle of Wight County: and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
Virginia desires to recognize the "Ramp of Dreams" for its efforts.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the.
Board of Supervisors of the County of Isle of Wight, Virginia recognizes and
congratulates the "Ramp of Dreams" and it's members for their dedication
to youth as exemplified in the completion of the Skate Park located at
Carrollton Nike park.
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.
Terry Chung recognized the efforts of the many families who helped
over the last two (2) years to build the ramp..
Debra Weir of Parks and Recreation introduced the following 2001
"Miss Isle of Wight County Fair" pageant queens to the Board: Emily
Allen; Abigail Willett; Jessica Robinson; Kate Tynes; and, Katie Jones.
Brian Carroll and Vin Pulley, members Isle of Wight Volunteer
Rescue Squad, briefed the Board on the reasoning behind the Squad's
change in policy concerning volunteers' weekend service requirement. Mr.
Carroll stated that in July of 2001, the requirement of weekend duty was
taken out, but members are still required to pull the same 24 hours per
month. He stated before-the change, members. were covering 46 hours out
of the 72 hours weekend shifts and County staff was covering 26 hours of
those shifts. He stated after the change, the members cover 3ci hours of the
weekend .shifts with .County staff covering the remaining 36 hours. He
stated in the month of June, 2001, volunteers provided 57% of total staffing
and paid staff provided 43%. He stated that while the Squad is unable to
meet the growing needs. and expectations of the community, the Squad is
providing a valuable coverage. He stated the cause of the negative
membership trend is due to the Squad's increased hour requirements,
increased training requirements, increased State requirements,. increased
total call volume over the last five (5) years leading to burn-out, competition
for volunteers; increased community expectations; negative publicity and
lack of positive interaction between the County and the Squad. He
concluded that the Squad would like the Board to establish what it wants as
a minimumstaffing requirement, to fund the Operating Budget and that the
Fire and Rescue Committee formed by .the Board to meet with the volunteer
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organizations, .that County staff should only speak on behalf of the ,County
and refer. to all inquiries of the Squad to the Squad, better and more frequent
interaction between County staff and Squad leadership .and paid staff in
compliance-with Squad standard operating procedures.
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Supervisor MacManus acknowledged the many hours the volunteer
rescue squads and fire departments have provided to this community.. He
stated the Board has not taken the position that. it is looking for ALS squads
to be in any of the rescue facilities at this time. He stated previously there
was a weekend requirement and Mr. Carroll's presentation. answers some of
the questions the Board had regarding the change and why. it occurred which
caused some of the costs to increase..He stated.-the Board is willing to work
with him to see what can be .done to try and reverse the decline in
membership.
Supervisor Clark stated he wants to pinpoint and reverse the negative
trend in membership. He stated he spoke with Prime Media regarding TV
ads. He stated from a money standpoint, the Board wants to reverse. the
trend because the volunteer organizations .save the County from having to
pay staff which is extremely expensive.
Chairman Bradby stated he has heard good things about the Squad and
he requested Mr. Carroll to contact the Board if there is anything the Board
can do to assist with providing the services provided in the past.
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Supervisor Bradshaw stated the Board looks to the volunteer
organizations for guidance on what direction the County should proceed in
and how soon.
Supervisor Clark asked: if the elimination of the weekend requirement
is new at the Squad.
Mr. Carroll stated the Squad went to the requirement for weekend
coverage in .March, 2001 and the Squad saw a decrease in .membership
because while the members could give the 24 hours. required, they could not
meet the weekend requirement.
Chairman Bradby stated the volunteer organizations are much more
knowledgeable about: their needs and he encouraged Mr. Carroll to 'keep
open communication with the Board on those needs. .
. Chairman Bradby advised the Board: that Diane Howard, Tourism.
.Director, has been elected by the Virginia Association for Convention and
Visitors Bureaus as President for 2001-2002.
Alan S. Nogiec, D"irector of Parks and Recreation, briefed the .Board.: `
on the recent County Fair activities and attendance. He stated there were a -
record number of attendees each night except for Friday and paid admission
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was up approximately 500 from the previous year. He .publicly
acknowledged the efforts of the Sheriffs Department, the volunteer rescue
squads, the Public. Works and Public Utilities Departments and other County
staff
Supervisor Bradshaw thanked Mr. Nogiec and the committee for their
efforts during the Fair which was a great success this year.
Chairman Bradby referred to the recent attack by terrorists in New
York on September 11, 2001 and stated the Fair provided the County's
citizens with a much needed lift in spirits.
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Chairman Bradby indicated the following Consent Agenda included
.Items 2, A through G, and asked if there were any items for removal:
A. Actions of the Planning Commission at the Meeting of
September 11, 2001
B. Resolution to Appropriate $243,782 from. the Unappropriated
Fund Balance of the.- General Fund for the Completion of
Various Carryover Operating Projects
C. Resolution to Contribute $605,000 for the Development of
the Shirley T. Holland Commerce Park
D. Resolution to Accept and Appropriate Grant Funds from the
Virginia Department of Technology Planning for E-911 Wireless
Services
E. Resolution to Accept the. Donation of Skate Park Equipment for
the Operation of the Isle of Wight County Skate Park
F. Delinquent Real Estate Tax Collection Monthly Report
G. August 16, 2001 Regular Meeting Minutes
Supervisor Bradshaw moved the Board adopt the Consent Agenda
with a correction to the summary of the Delinquent Tax Collection Monthly
Report for FY2000-01 to reflect "2001" beginning .January through June.
The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
Clark and Glaud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
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Chairman Bradby called for Transportation Matters.
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James Randolph, Planner, referred to the summary report contained in
the agenda of Current Road and Highway Projects List dated September 20,
2001 which reflects changes from the September 6, 2001: meeting.. He noted.
that MacFarland Neblett,. Resident Engineer, VDOT, is present tonight to
address the Board's transportation concerns.
Supervisor Bradshaw thanked Mr. Neblett for his assistance with the
trees along Fire Tower Road.
Supervisor Bradshaw inquired. about the status of the ditches on
Carrsville Highway.
Mr. Neblett. replied he would check into. the matter and report back to
Supervisor.Bradshaw on the status.
Supervisor Bradshaw inquired about.-the status of the speed limit signs
on Route 58 Business.
Mr. Neblett replied that VDOT staff has made a recommendation to
extend the speed zone to County/Suffolk line. He noted as soon as the
official word is given from Richmond, the signs will be installed.
Supervisor Bradshaw inquired about the status of Duke's Lane as part
of the Rural Addition Program.
. Mr. Neblett. advised that the plan presented to VDOT .has been
reviewed and the right-of--way is satisfactory, however, the- type of turn-
around needs to be established. He noted that a telephone line is .located..
inside the right-of--way which will require relocation. He advised that
VDOT staff has met with Verizon staff to obtain .preliminary cost estimates.
Supervisor Bradshaw-inquired about the status of Pruden Road.
Mr. Neblett stated bids will be sent out in November, 2001 and will be
required to be submitted by the end of December, 2001..
Supervisor Clark requested Mr. Neblett continue to monitor the .brush
along Route 1 ?, at Kings Cove Way.
Supervisor Clark inquired about the status of the public, -hearing for the
turn lane.
Mr. Neblett .stated the second public hearing was held and: the plan is
being prepared for the Commonwealth Transportation Board- presentation.
Supervisor Clark inquired if the Sugar Hill Road .terminus. was
proceeding on schedule.
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Mr. Neblett advised that the drainage pipe at the end of the road needs
to be installed. He noted his goal is to get this done as quickly as possible.
He stated he will be ready to begin .the project as soon as the pipe is
received.
Supervisor Claud thanked the Resident Engineer for his assistance in
..having the grass cut along Appaloosa Way.
Supervisor Claud requested that the construction sign, located south of
the. James. River Bridge, be repaired/replaced/removed, as appropriate.
Supervisor Claud requested that the size of the drainage pipe be
increased at Courthouse Highway and the Windsor Middle School.
Mr. Neblett noted that the drainage pipe has been cleaned and riprap
installed. He advised VDOT wants to first see if this will help before the
pipe is replaced with a larger one.
Supervisor Claud inquired about the status of South Johnson Avenue.
Mr. Neblett made reference to .the bid process and noted that he
anticipates completion by Apri130, 2002.
Mr. Randolph presented A Resolution of the Board of Supervisors of
Isle of Wight County, Virginia for the Extension of the U.S. Route 460
Center Turn Lane for the Board's consideration. He distributed a copy of a
preliminary cost estimate from VDOT for the Board's information. He
advised the Windsor Town Council has adopted a similar resolution at its
meeting on September 1 1, 2001.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA FOR THE EXTENSION OF THE U.S.
ROUTE 460 CENTER TURN LANE
WHEREAS, the Isle of Wight County Board of Supervisors has endorsed
the concept of extending the proposed center turn lane of U.S. Route 460 in
the Town of Windsor; and
WHEREAS, the. Virginia Department of Transportation has conducted
preliminary survey work along the existing project parameters of the Route
.460 corridor from Route 258 to the Food Lion; and
WHEREAS, the existing turn .lane project will end at Shirley Drive,
leaving approximately 1700 feet of roadway to the Hidden Acres
subdivision; and
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WHEREAS, the Town of Windsor, and Isle of Wight County
representatives have met to evaluate the traffic data, confirm the evaluation
of VDOT, .and have determined that the extension of this project to Hidden
Acres will. provide citizens with a safe access to a residential subdivision as
traffic volumes increase along this corridor.
NOW, THERFORE BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, the following, that:
I) The Virginia Department of Transportation should initiate 'preliminary
engineering and design work. for this extension along. U.S. Route 460
from .Shirley Drive to Hidden Acres Circle.
BE IT FURTHER RESOLVED than. the ..Board of Supervisors would
encourage the Town of Windsor Council to adopt a similar resolution in
support of the above stated roadway improvements.
.The motion was adopted with ..Supervisors MacManus, Bradby,
Bradshaw, Clark. and Claud. voting. in favor bf .the motion (5-0) and no
Supervisors voting against the motion.
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. Supervisor Bradshaw moved the Board amend the regular order of the
agenda in order to hold the public hearings at this time.. fihe motion was
adopted unanimously (5-0).
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Chairman Bradby called for a public hearing on the following:
A. Theapplication of James M. Carroll, Jr. for a change in zoning
classification from RAC to Conditional Rural Residential
approximately two (2) acres of land located on the north side of
Stallings Creek Drive (Route 680) east of its intersection with
Mill Swamp Road (Route 626), Smithfield,. in Hardy Magisterial
District. The.. purpose of the application is for one single-family....
residential lot, as conditioned.
Chairman Bradby called for .persons to speak in favor of or an
:opposition to the proposed. application...
.James M. Carroll, Jr., applicant, requested the Board approve his
application to allow him to rezone two (2) acres of land for his son's. in-laws.
He stated he has not offered a proffer because he feels the County .will.
.receive more. in taxes .from the residential home than it is getting from the
land being zoned agricultural.
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Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor Bradby moved the Board approve the application of James
M. Carroll, Jr. The motion was defeated (2-3) with Supervisors Bradby and
Claud voting in favor. of the motion and. Supervisors MacManus, Bradshaw
and Clark voting against the motion.
Chairman Bradby called for a public hearing on the following:
B. The application of Marilyn C. Edwards for a change in zoning
classification from RAC to Rural Residential approximately two
(2) acres of land located on the west side of Wrenn's Mill Road
(Route .677) north of its intersection with Mill Swamp Road
(Route 626), Smithfield, in Hardy Magisterial District. The
purpose of the application is for two (2) single family residential
lots:
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed application.
Wayne Farmer, stating he is an attorney and a friend of the applicant,
stated the application was previously approved by the Board a year ago,
however, due to an oversight, Ms. Edward's agent did not record the plat in
a timely manner. He stated Ms. Edwards, who suffers from along-term
illness, is offering no proffer. He stated Ms. Edwards finds herself in a
position of needing to sell a portion of her farm in order to pay medical
expenses..
Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor Clark inquired why Ms. Edwards could not pay the County
proffers at the time of the sale of her property.
Mr. Farmer stated he understands that there are a significant number
of bills that need to be paid. and that is why no proffers were offered as those
funds are expected to be needed.
.Supervisor Claud. moved the Board approve the application of Marilyn
C. Edwards. The motion was defeated (2-3) with Supervisors Bradby and
Claud voting in favor of the emotion and Supervisors MacManus, Bradshaw
and Clark voting against the motion.
Chairman Bradby called for a public hearing on the following:
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C. - An Ordinance to Amend the Zoning Ordinance of Isle of Wight
County, Virginia, to Add Under Article I; General Provisions,
Section 1014, Disclosure. .
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Chairman Bradby called far .persons to speak m favor of or m
opposition to the proposed Ordinance.
Darrin Stauffer of :Shiloh Drive encouraged the Board to adopt the
Ordinance which. will keep the public apprised of any potential shareholders.
who may have a conflict of interest.
Chairman Bradby closed the public hearing and called for comments.
from the Board.
Supervisor Claud stated staff did not recommend this amendment to
the Board and to him it is a matter of principle. He stated if the Board votes.
in favor of this it is saying. that it does not trust the Planning Commission
members or fellow Board members to be honest if they have a conflict of
interest. He stated he could not support the Ordinance until there is a
demonstrated need for it in the County.
Supervisor. Clark stated he believes the .Ordinance will be an
additional safeguard which is geared toward the applicant to ensure that
there is disclosure by the applicant. He stated he sees it as an aid to the-
Planning Commission members and Board members.
Supervisor Bradshaw stated. the amendment puts the responsibility
upon the applicant when an application is being filed. He stated the.
amendment will allow the Board to fully evaluate whether an applicant is
telling the truth or not.
Supervisor MacManus stated. last year .the Board did strengthen its
disclosure requirements .for all boards -and commissions that may have any
potential conflict of interest., He stated he believes that action was adequate
and he could not support the Ordinance at this .time.
Supervisor Bradshaw moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF
ISLE OF WIGHT COUNTY, VIRGINIA, TO ADD UNDER ARTICLE I,
GENERAL PROVISIONS, SECTION 1014, DISCLOSURE
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
Isle of Wight County,. Virginia, that Article I, General Provisions, be amended by
adding thereto Section 1014 to read as follows:
Section 1A14. Disclosure
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(a)The applicant for a special. exception,. special use. permit,
amendment to the Zoning Ordinance or variance shall make complete
disclosure. of the equitable ownership of the real estate to be affected
including, in the case of corporate ownership, the name of the
stockholders, officers and directors, and in any case the names and
addresses of all of the real parties of interest. However, the
requirement of listing names of stockholders, officers and directors,
. shall not apply to a corporation whose stock is traded on a national or
local tock exchange or having more than 500 shareholders.
(b) .Petitions brought by property. owners or their agents,
(including contract purchasers) shall be sworn to under oath before a
Notary Public or other official before whom oaths may be taken stating
whether or not .any member of the local .Planning Commission or
governing body .has any interest in such property, either individually,
by ownership of stock in a corporation owning such land, partnership,
as the beneficiary of a trust, or the settler of a revocable trust, or
whether a member of the immediate household of any member of the
' Planning Commission or governing body. has any such interest.
The motion was adopted (3-2) with Supervisors Bradby, Bradshaw
and Clark voting in favor of the motion and Supervisors MacManus and
Claud voting against the motion.
Chairman Bradby called for a public hearing on the following
Ordinance.
D. An Ordinance to Amend Chapter 16.1, Water, Article IV,
Connections, Section 16.1-15 Charges Generally, to Increase
Connection Fees.
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Upon no one speaking in favor or opposition to the proposed
.Ordinance, Chairman Bradby closed the public hearing and called for
comments from the Board.
Supervisor Bradshaw stated he would like an opportunity for the
Director of Economic Development to respond. as to what the impact would
be from an economic perspective in the County, particularly as it relates to
{ small businesses within the County.
Supervisor MacManus inquired if the Board could address only the
residential connections tonight and defer action on rates pertaining to
commercial to a later date..
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County Attorney Crook replied that the Board could take action on the
residential portion of the Ordinance tonight, but if the Board. defers action
on the commercial portion, the Board.. would have to come back with another
amendment and another public hearing.
Supervisor MacManus stated he would be supportive of approving the
water ordinance as presented because the County can begin _to attempt to
recoup some of the cost impact and to recoup some of the.. real costs .the
County has already spent. .
Supervisor Bradshaw stated he could not vote in favor tonight because.
he does not have sufficient information on the economic impact. He stated
he does not .feel it is appropriate to have the same connect fees for
businesses in his. area of the County when the growth rate is not the same in
that end of the County.
Supervisor MacManus moved the Board adopt the following
Ordinance:
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AN ORDINANCE TO-AMEND CHAPTER 16.1, WATER,
ARTICLE IV, CONNECTIONS, SECTION .16.1-15 CHARGES
GENERALLY, TO INCREASE CONNECTION FEES
WHEREAS,. the Board of Supervisors of Isle of Wight County, Virginia,
adopted. an Ordinance providing for, rates and .regulations on water usage, Chapter
16.1 of the Isle of Wight County Code on November 21, 1996; and
WHEREAS, the Ordinance adopted by the Board of Supervisors provided
for connection fees in Section 16.1-IS thereof to be paid to the County of Isle of
Wight; and
WHEREAS, the Board of Supervisors has found that the charges to be paid
to the County of Isle of Wight for connection .fees should be increased in order to
off set the costs to the County of Isle of Wight for providing water.
NOW, THEREFORE, BE IT AND. IT IS HEREBY ORDAINED by the
Board of Supervisors of Isle of Wight County, Virginia, that Chapter 16.1, Water,.
Article IV, Connections, Section 16.1-15, Charges Generally, (a) be amended to
read as follows:
Section 16.1-15. Charges generally.
(a) Prior to the connection of any. premises, building or dwelling
unit to a county water main the applicant shall pay. an
installation/connection fee. Except as provided herein, the following
installation/connection fees shall apply:
Meter Size County Installed Fee
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5/8 and 3/4 inch
1 inch
1-1 /2 inch
2 inches
$ 4,000.00
6,300.00
9,900.00
1.5,200.00
When. the size of the connection exceeds the sizes set forth above,
the .applicant shall be required to pay an installation/connection fee as
determined by the County.
The motion. was .adopted (4-1) with Supervisors MacManus, Bradby,
Clark and Claud .voting in favor of the motion and Supervisor Bradshaw
voting against the motion.
Chairman Bradby called for a public hearing on the following:
E. An Ordinance to Amend Chapter 14, Sewers and Sewage
Disposal, Article III, .Connection Charges, Section 14-20,
Charges Generally, to Increase Connection Fees.
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Supervisor Bradshaw reiterated that he could not vote in favor of the
proposed ordinance at this time because he does not have sufficient
information on the economic impact. He again stated that he does not feel it
is appropriate to have the same connect fees for businesses. in his area of the
County when the growth rate is not the same in that end of the County. He
stated that he could support the residential. increase, but not an increase for
business.
Supervisor MacManus moved the Board adopt the following , I
Ordinance:
AN ORDINANCE TO AMEND CHAPTER 14, SEWERS AND SEWAGE
DISPOSAL, ARTICLE III, CONNECTION CHARGES, SECTION 14-20,
CHARGES GENERALLY, TO INCREASE CONNECTION FEES
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
adopted an Ordinance providing for rates and regulations on sewer usage, Chapter
14, of the Isle of Wight County Code on January 16, 1997; and
WHEREAS, the Ordinance adopted by the Board of Supervisors provided
for connection fees in Section 14-20, paragraphs (a) and (d) thereof to be paid to
the County of Isle of Wight; and
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WHEREAS, the Board of Supervisors. has found that .the charges to be paid
to the County of Isle of Wight for connection fees should be increased in order to
off set the .costs to the County of Isle of Wight for providing sewage.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the
Board. of Supervisors of Isle of Wight County, Virginia, that Chapter 14, Sewers
and Sewage Disposal, Article III,. Connection Charges, Section 14-20, Charges
Generally, paragraphs (a) and (d) be amended to read as follows:
Section 14-20. Charges enerally.
(a) Prior to the connection of any premises, building or dwelling
unit to a county sewer system,. the applic ant shall pay a connection fee
based on the size of water meter .service. Except as .provided herein,
the. following connection fees shall apply :
Water Meters-Size Connection Fee
5/8 inch $ 4,000.00
3/4 inch 4,800.00
1 inch 6,400.00.
1 %Z inches 9,200.00.
2 inches 16,000.00.
When the meter size of the connection exceeds the sizes set forth
.above, the ,applicant shall be required to pay. a :connection fee as
,determined by .the County,
(d) For a meter serving one unit or se rving more than one unit,. the'
connection. fee. shall be:
TYPe Fee
Single-family, duplexes, houses, Connection fee (a) for
apartments, condominiums, first dwelling unit plus
mobile home parks, etc. $3,200.00 for each.
additional dwelling unit.
Hotel, motel, travel trailer complex, Connection fee (a) plus.
hospital, nursing home, etc. number of units as
defined by,the department of
public utilities divided by S x
$3,200.00
Commercial, businesses, office, Connection fee (a) plus
industrial, public buildings X0.33 per gross square foot
and all others of floor area
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The motion was .adopted (4-1) with Supervisors MacManus, Bradby,
Clark and Claud voting in favor of the motion and Supervisor Bradshaw
voting against the motion.
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Supervisor Bradshaw moved the Board return to the regular order of
the agenda. The motion was adopted unanimously (5-0).
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Chairman Bradby called for Citizens Comments.
Jack Currence, representing the Isle of Wight County Citizens
Association, addressed the Board regarding the lack of a workable highway
evacuation plan. He requested a plan be approved whereby citizens can be
protected and be able to get out of the area with reasonable notice.
Grace Keen thanked Mr. Nogiec for a successful County Fair. On
behalf of the Isle of Wight Citizens Association, she inquired about the
.:status of implementing a severance tax on borrow pits. Supervisor
Bradshaw suggested Ms. Keen continue to work with the County's
legislative liaison, Donald Robertson. Supervisor Clark suggested she meet
with Delegate Chris Jones and lobby the persons on the House of Delegates
Finance Committee. Supervisor Claud suggested that Delegate Barlow
could co-sponsor the legislation.
Ms. Keen requested the status of the message signs and gates at the
James River Bridge. Supervisor Clark advised the request is being studied
by VDOT.
Ms. Keen requested that the Board take action on whether or not the
Board will appoint. two (2) at-large. members to the School Board. "
Ms. Keen advised that Senator Quayle would be attending the next
Citizens Association meeting.
Charles Lawrence inquired about the status of the cemetery in the
Rescue area.
Supervisor Clark requested that the Assistant County Attorney, Dale
Phelps, be present at the Board's October 4, 2001 meeting to address the
request.
Joe Ferguson requested removal of the pear trees adjacent to the
driveway along the side and front of Boykin's Tavern.
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Art LaBonte, member of the Boykin's Tavern Advisory Committee,
addressed the Board concerning the use of the Tavern and the issue of public
events:
Jane March addressed the Board concerning. demolition of ,flood
destroyed buildings in .Zuni.
Mr. Robertson advised work can now begin on this .effort.
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Chairman Bradby called for the Community Development report.
Jonathan W. Hartley, Director of Planning .and Zoning, notified the
Board that Ed McMahon has been scheduled for November 5, 2001 at 7:00
p.m. at the Smithfield Conference Center. He noted that the .Smithfield and
Windsor Town Councils and Planning Commissions will also be invited to .
attend.
Supervisor MacManus moved the Board. authorize staff to advertise in
the two (2) newspapers two (2) weeks .prior to the meeting. inviting the
public, as well as letters of invitation to all the local. citizens associations..
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. Hartley advised. that the Ragged Island Creek .exceptional
waterway nomination will be considered by the .State Water Control Board
at its meeting on October 4, 2001 which begins at 9:OO.a.m, in Room."C" at
the General Assembly Building in Richmond.
Supervisor Bradshaw requested a status report on the CBLAD
meeting.
Mr. Hartley reported that on Monday, CBLAD .considered. and
approved unanimously the .County's Comprehensive Plan as ,being
consistent withthe requirements of the Chesapeake Bay Act: He stated staff
had also met with. Lee Tyson {CBLAD) on .September. 13th -and discussed
anticipated grant opportunities this Fali for the next budget year.
//
Chairman Bradby called for the Public Utilities report.
E. Wayne Rountree,. P.E., Director of Public. Utilities, distributed
pictures of the County's .second elevated water tank. located at the Shirley T.
Holland Commerce Park near Windsor"for the Board's review.
15
Mr. Rountree presented an amendment to the County's current water
:contract with the City of Franklin dated February of 1998. He stated the
City of Franklin,. at that time, limited the sale of water to the County because
they had no surplus water to sell. He stated the City of Franklin. has since
applied for an additional water withdrawal permit which was. approved by
DEQ. He stated the County now has a need for additional water because the
Particle Board plant has approached the County about supplying up to
60,000 gallons of water per day. He stated the proposed amendment
contains the same terms, rates and conditions as the existing contract, but
increases the amount of water that the City of Franklin would sell to the
County from 133,000 gallons per day to 200,000 gallons per day. He stated
this would allow the County to sell to the Particle Board plant and leave a
40,000 gallons to 50,000 gallons. per day surplus for the County.
Supervisor Bradshaw noted that the City of Franklin will not sell. water
to the County at a bulk rate, but rather insists on a residential rate. He stated
he would try to meet with Franklin officials again to discuss these rates.
Supervisor Bradshaw moved the Board approve the amendment for
. .the purchase of .bulk water from the City of Franklin. 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. Rountree notified the Board that a utility customer came by his
office yesterday and prepaid sixteen (16) water and sewer connection fees in
the amount of $108,000. in anticipation that the Board would increase the
fees tonight, which it did.
//
Chairman Bradby called for the County Administrator's report.
County Administrator Caskey presented a Resolution to Express
Support for .the ,President of the United States in response to the attacks
.made by terrorists in New York last week.
Supervisor Clark moved the Board adopt the following resolution:
RESOLUTION TO EXPRESS SUPPORT FOR THE
PRESIDENT OF THE UNITED STATES
WHEREAS, on September 11, 2001, the United States was suddenly
and brutally attacked by terrorists; and,
WHEREAS, these terrorists hijacked and destroyed four civilian
aircraft, crashing two of them into the towers of the World Trade Center in
New York City, and a third into the Pentagon in Northern Virginia; and,
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WHEREAS, thousands of innocent Americans were killed and injured
as a result of these attacks, including the passengers and crew of the four
aircraft, .workers in the World Trade Center and in the Pentagon, rescue
workers, and bystanders; and,
WHEREAS, these cowardly acts were by .far the deadliest terrorist
attacks ever launched against the United States, and, by targeting symbols of
American strength and success, clearly were intended to intimidate our
nation and weaken its resolve; and,
WHEREAS, these horrific events have. affected all Americans, it is
important that we not allow terrorism to break the spirit of the American
people and the best way to show these cowards that they have truly .failed is
for the people of the United States and their counties to stand tall and proud..
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia condemns.
the- cowardly and deadly actions of these terrorists.
BE IT FURTHER RESOLVED that the Board. of Supervisors supports
the President of the United States as he works with his national security.
:..team to defend against additional attacks, and find the perpetrators to bring
them to justice.
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.
Debbie J. Sivertson, Administrative Analyst, advised the. Board that -
the Smithfield Town Manager, Peter M. Stephenson, has advised that he
Town of Smithfield will be the applicant on the application-for .the tree
planting in memory of Segar ("Sig") Cofer Dashiell and cover the donation
of $150 for the tree and plaque. She stated Mr. Stephenson will .talk with
her son relative to a dedication ceremony which will be coordinated with. the
Department of Parks and Recreation.
County Administrator Caskey presented a status report on the Tyler's
Beach dredging project. He requested the Board authorize staff to proceed
with the letters attached in draft form in the agenda.
Supervisor Clark moved the Board. authorize the County Administrator
to submit the subject letters. at the appropriate time to ensure continued
assistance and funding from the Norfolk District of the U.S. Army Corps of
Engineers. 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 Bradby encouraged staff .and Board members to request
Congress to lift the .ban on the Craney Island Disposal site for use by the
County for dredge disposal..
Assistant County Administrator Robertson distributed a copy of a fax
dated September 20, -2001, from Reverend Douglas L. Van Niel, Secretary
of the Zuni Ruritan Club, requesting the demolition of flood destroyed
buildings in Zuni and requesting that the County put out notice for
demolition bid proposals.
Supervisor Bradshaw requested Mr. Robertson meet with Reverend
Van Niel and Jane March to advise them of the status of the project.
//
Chairman Bradby called for the County Attorney's report.
County .Attorney Crook distributed a written report dated September
20, 2001 noting recommendations from: a recent meeting between the
Boykin's Tavern Guidelines Committee and Boykin's. Tavern Advisory
Committee. He noted that the: recommendation of the Committees are that
.the Tavern grounds be open to the public .for viewing, interpretation and
educational uses. He stated for local government and community
organizations, use should be limited to the conference room and classrooms
11 and 8 with access to said rooms and kitchenette utilizing the main
hallway. He stated .rental of rooms for organization and groups should be
restricted in accordance with the prior recommendations and the provision
of payment of fees. He stated when this use is allowed, the areas of the
Tavern in which the antiques are located should be set apart by rope
barriers. He stated public use should also be limited to very small functions
and events, such as weddings, formal portraits and, small group meetings
. which do not involve catering.
Supervisor Claud moved the Board take action on the
recommendations at the Board's .October 4, 2001 meeting due to the
sensitivity of the issue and to .give the Board an opportunity to further
review the .recommendations. 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 presented. Notes and Deeds of Trust on three
(3) separate properties securing proffers which he requested the Board
approve and authorize the Chairman to sign on behalf of the County.
Supervisor Bradshaw moved the Board approve .and authorize the
Chairman~to sign the Notes and Deeds of Trust on behalf of the County. The.
motion-was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
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and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
County Attorney Crook stated he has four (4) reports for the Board
dealing with closed session matters, as well as two (2) additional closed
session matters for later in the meeting.
//
C':hairman Rrarlhv callPrl fnr (~lcl Rueiness
The application of John M. Marshall fora change in zoning
classification from RAC to Conditional General. Commercial three (3)
acres of land located at the terminus of Boundary Road (Route 2026)
which is off the west side of Smith's .Neck Road .(Route 665),
.Carrollton, in Newport Magisterial District.. The purpose of the
application is for a general auction once. a month, as conditioned:
(Tabled 8/1612001)
Supervisor Clark asked the applicant if it was his intent to hold only
one (1) auction per month and would he agree to amend condition #2 to
state that one (1) auction per month would be held.
Mr. Marshall replied he only intended to hold one (1) auction per
month and that he would agree to amend his conditions to state same.
Supervisor MacManus asked Mr. Marshall if he would agree to prof~'er
6:00 p.m. instead of "sunset"; that. all materials would be removed from site
and not remain on site past forty-five (45) days; that the land use for
auctions be limited to the frontthree (3) acres; and, that he wouldpay his
business license fees to the County.
Mr. Marshall replied he would proffer 6:00 p:m.; that all materials
would be removed from site and .not remain past .forty-five (45) days; that
land use for auctions be limited to the front three (3) acres; and, that he
would pay his business license fees to the County.
Supervisor Clark moved that the Director of Planning and Zoning
meet with .the County Attorney- and the. applicant to incorporate. the
following changes to the proffers discussed by the Board which the
applicant has agreed to and proceed with. public. hearing on the matter:
1) a total of twelve (12) 'auctions can be held (one per month
only).
2) auction to be closed by 6:00 p.m.
3) all materials to be removed from site and not remain orr
• site past forty-five (45) days
4) limit land use on the front three (3) acres
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5} applicant is required to .pay business license fees to the County
The motion was adopted with Supervisors MacManus, Bradshaw,
Bradby, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
County Administrator Caskey presented to the Board the Isle of Wight
..County Annual Financial. Plan for 2001-2002.
Supervisor Bradshaw moved the Board direct staff to place the Isle of
Wight County Annual Financial Plan for 2001-2002 on the Board's October
4, 2001 agenda for the .Board's acceptance. The motion was adopted with
Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
Richard O: Childress, Director of Emergency Management, noted that
due to the terrorist attack. in New York on September 11, 2001, the joint
meeting between the Board of Supervisors and the Volunteer Fire and
Rescue Association had to be rescheduled. He requested the Board establish
anew date for such meeting.
Supervisor Bradshaw moved the. Board set October 8, 2001 at 7:00
p.m. in the Demonstration Room for a joint meeting with the Fire and
Rescue Association. The motion was adopted with Supervisors MacManus,
Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Supervisor Bradshaw requested update
Communications.
on Charter
County .Administrator Caskey advised he has received the CD
containing the digital build-out information from the General Manager of
Charter which he has forwarded to Lyle Hornbaker for distribution to the
Board. He noted that he has invited the General Manager to the Board's
October 4, 2001 meeting to brief the Board on the status of the. fiber rebuild.
He noted the Smithfield Town Manager is coordinating a meeting for
September 24, 2001 to discuss technical issues associated with the rebuild.
//
Chairman Bradby called for New Business.
Supervisor Bradshaw advised that the Personnel Committee (Messrs.
Bradshaw and Bradby) had met with the Treasurer regarding the matter
brought to the attention of the Board earlier. He stated he was not satisfied
with the results of the meeting. and he would not recommend meeting with
the Treasurer in the future.
an
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Supervisor Clark referred to a letter from the Treasurer which
addresses the legalities of the delinquent tax notification requiring that' all
delinquent tax payers. be listed in the newspapers except individuals who
have .been discharged in bankruptcy. He requested a second opinion. from
the County Attorney.
1
County Attorney Crook advised that the statute provides that a -list of
real estate that is delinquent and a list of other taxes which are delinquent on
June 30`'' to be published in the newspapers. He .stated. he believes the
.Board and the Treasurer could agree that individuals on a payment plan be
omitted from the publication.
Supervisor Bradshaw stated it was his position that if an individual is
delinquent, then he/she is delinquent, no exceptions.
Supervisor MacManus moved that individuals with a payment plan in
place with the Attorney for collection of delinquent taxes, as well as those
with a collection plan with the Treasurer, that have been active for at least
three (3) months, .are not to be included in the publication. of the delinquent
tax list in the newspapers. The -motion was adopted (3-2) with Supervisors
MacManus, Clark and Claud voting in favor of the motion and.. Supervisors
Bradby and Bradshaw voting against the motion.
Regarding- Ms. Keen's earlier request tonight under .Citizens
Comments that the Board take action on .whether or not the Board .will
appoint two (2) at-large members to the School Board, Supervisor Clark
moved the. Board appoint two (2) at-large School Board members. The
motion was defeated with Chairman. Bradby voting. in favor of the motion:
(1-4) and Supervisors MacManus, Bradshaw, Clark and Claud voting
against the motion.
Supervisor Bradshaw .moved the Board direct the County
Administrator to request Lyle Hornbaker to prepare a written GIS update
report for the Board's information. The motion was. .adopted with
Supervisors MacManus, Bradshaw,. Bradby, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against. the motion.
(;. *~....A Ate. .~.-) 4L.., D.~ .-.~ .~-: .~+"n4n~ fn :v~~l »~~u 4~a
JU~.JGIVIJVI 1V10.WV10.1lUJ 1lIVVGU ll1G LJV0.IU U11GGL JL0.11 lV 111G1UUV U14
office hours and dates that Congressman Forbes will be at the Courthouse on
the County's web site. The motion was- adopted with `Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Regarding Joe Ferguson's request tonight under Citizens Comments to
remove the pear trees adjacent to the driveway along the side and front of
Boykin's .Tavern, Supervisor MacManus moved the Board direct staff, in
:conjunction with. the appropriate committees, to come back with a
recommendation on how to address Mr. Ferguson's concern. The motion
21
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:was adopted with Supervisors MacManus, Bradshaw, Bradby; Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
Chairman Bradby noted a conflict in his schedule on October 8, 2001,
the .date .set earlier in the meeting for a joint meeting with the .Fire and
Rescue Association.
Supervisor Bradshaw moved the. Board change the date of October 8,
2001 set earlier in the meeting to October 1, 2001 at 7:00 p.m. in the
Demonstration Room. The motion was adopted with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud .voting in favor of the
motion (S-0) and no Supervisors voting against the motion.
Supervisor Clark requested Mr. Childress to address the request of
lack Currence tonight under Citizens Comments for an appropriate highway
evacuation plan.
Mr. Childress stated the Virginia Department of Transportation
(VDOT) in cooperation with the Virginia Department of Emergency
Management (VDEM) has a Hampton Roads hurricane traffic control plan
which is also used as a generalized evacuation plan. He stated he had
previously addressed with VDEM, VDOT and the Hampton Roads Planning
District `Commission most of the concerns that were brought up earlier by
Mr. Currence. He stated the plan, however, was placed in force which
requires certain residents during phase 1 evacuation on the Peninsula to
cross the James River Bridge and travel through the County, as well as
residents from the City of Portsmouth to travel Route 17, down Brewer's
Neck Boulevard and into Smithfield. He noted the entire City of
Chesapeake also has the option of taking of Route 58 west or the Route 460
interchange. He stated during these times, VDOT has identified certain
traffic intersections where State. Police and VDOT personnel will be
stationed to help with the traffic signals allowing easier movement of trafFc
or the redirection of traffic, if necessary. He stated during chemical,
biological and nuclear warfare incidences, residents are advised to stay at
their present location and note get out into the elements where they can be
exposed.
Supervisor Clark requested the County's Director of Emergency
Management coordinate and invite a representative from -the Virginia
Department of Emergency Management to coordinate a meeting with the
Isle of Wight. Citizens Association concerning an evacuation plan.
Supervisor Bradshaw. moved the Board. direct staff to consult with
experts concerning the .sound system in the Board Room to see how it can
be improved. The motion was adopted with Supervisors MacManus,
Bradshaw, .Bradby, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
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Chairman Bradby called for Appointments.
Supervisor Bradshaw requested Mr. Robertson inquire if Lewis
Lawrence Rawls, Jr. desires to continue as the Business Representative on
the Western Tidewater Disability Services Board.
- //
County Attorney Crook requested a closed session under Section 2.1-
344 A3 of the Freedom of Information Act concerning two (2) matters
involving negotiations for .acquisition of .property where public disclosure
could adversely,affect the County's bargaining position; under Section 2.1-
344 Al concerning two (2) personnel matters involving consultation .with
counsel and staff; under Section 2.1-344 A7 concerning three (3) matters
involving advice of counsel on contractual matters requiring legal advice of
legal matters.
Supervisor Claud requested a closed session under Section 2.1-344 A7
of the Freedom of Information Act .concerning advice of counsel on a
probable litigationmatter.
- Supervisor Clark moved the Board enter closed session for the reasons
stated. The motion was adopted with Supervisors MacManus, Bradshaw,
Bradby, Clark and Claud: voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
1
Upon returning to open session, Supervisor Clark 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 at~irmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.1-344.ID 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
23
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irr the motion .convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradshaw, ,Bradby, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MacManus, Bradshaw,
Bradby, Clark and Claude voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
//
Wayne Farmer stated he appeared earlier in the meeting on behalf of
Marilyn C: Edwards under the public hearing section of the agenda and
requested the Board approve her application. He inquired if the Board
would be willing to reconsider its. vote and table the matter until the next
meeting to allow him time to speak with Ms. Edwards, who does not have
sufficient funds at her disposal to reapply, and meet with staff to see if there
are ways in which the application can be amended.
Supervisor Clark moved the Board rescind the vote on the application
of Marilyn C. Edwards. The .motion was adopted with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Supervisor Clark moved the Board table the matter until. the October
4, 2001 meeting of the Board to allow Attorney.Farmer to consult with Ms.
Edwards and meet with County staff to determine if there are ways in which
the application can be amended. The motion was adopted with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
//
County Attorney Crook requested a closed session under Section 2.1-
344 A3 of the Freedom of Information for two (2) matters involving property
acquisition where public disclosure could adversely affect the bargaining
position of the County; under Section 2.1-344 Al concerning two (2)
personnel matters; under Section 2.1-344 A7 concerning four (4) matters for
advice of .counsel involving contractual matters which require advice of
counsel.
1
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Supervisor Bradshaw moved the Board enter closed session .for the
stated reasons. 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.
Upon returning to open session, Supervisor :Bradshaw 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: MaclVlanus, 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.
//
At 10:50 p.m., Supervisor Bradshaw moved the .Board continue its
meeting to Thursday,. Octoberl, 2001, at 7:00 p.m. for the: purpose of
25
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meeting jointly with the Volunteer Fire and Rescue Association. The
motion was adopted unanimously (5-0}.
uenry H. Bradby, Chairman
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