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An attorney who represents developers will stay on Stafford County's Utilities Commission for now, despite complaints that there could be a conflict of interest between his professional work and his volunteer service on the advisory board.
Clark Leming has served as the Rock Hill District representative on the commission since 1987. But some people who support the preservation of Crow's Nest urged supervisors not to reappoint him because he represents the company that owns and wants to develop the environmentally fragile peninsula.
"I'm concerned about the appearance of a conflict of interest with his appointment on the Utilities Commission," Stafford County resident Laurel Baker said during a public comment period at Tuesday's board meeting. "I don't know how we can defend his work there."
A few others echoed her sentiments. Leming has represented other developers in controversial zoning issues before the county.
Leming said yesterday that he has always obeyed Virginia's conflict-of-interests law and the ethics code for lawyers that prohibits him from participating on government boards if a decision by that board could affect his finances or the finances of a firm he represents. The situation rarely comes up on the Utilities Commission, he said, because his clients deal mostly with the Planning Commission and the Board of Supervisors.
"The Utilities Commission does not handle growth issues," he said. "We don't get into issues like Crow's Nest. We deal with water and sewer issues like what the rates ought to be and we make recommendations for neighborhood projects."
Leming was not reappointed Tuesday as supervisors plowed through the task of filling seats on more than 45 county boards and commissions.
The other Utilities Commission members whose terms expired at the end of 2003 --Joyce Arndt and Juan Chavez--were reappointed last night, but no one was named to fill the Rock Hill District seat.
Rock Hill Supervisor Bob Gibbons, who is responsible for nominating someone from his district, said simply that he was not going to do so at the meeting. He did not give any reason and could not be reached for comment yesterday.
That leaves Leming to serve on the commission until someone is appointed. Gibbons did not say when that might be.
When Gibbons does nominate someone, a majority of the board will have to approve his choice. At least one supervisor, Kandy Hilliard, said she will not support Leming.
Leming said he has always been happy to serve on the Utilities Commission, "but if the board doesn't want me to perform that community service, I have other things to do," he said.
To reach RUTH FINCH: 540/720-1622 rfinch@freelancestar.com