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04-05-1990 Regular Meetingao~r 14 :~:~.~~4? 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF APRIL IN THE YEAR NINETEEN HUNDRED NINETY PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Thomas L. Ross Richard L. Turner ALSO ATTENDING: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development Carey Mills, Assistant Clerk Chairman Bradby called the meeting to order at 2':00 P.M. The invocation was delivered by Chairman Bradby. // Chairman Bradby called for the Transportation Matters. R. W. Coates, Resident Engineer, Virginia. Department of Transportation, stated that he would be retiring in August of 1990 and introduced Mac Farland Neblett as his replacement. Supervisor Bradshaw asked Mr. Coates if Route 694 had been put on bid. Mr. Coates stated. it had not been put to bid yet, but the Virginia Department of Transportation should have it on contract by-July, 1990. Supervisor Bradshaw asked for Mr. Coates' assistance in cleaning the ditches on Routes 613 and 615. Supervisor Turner recognized Mr. Coates for his outstanding accomplishments for the County and welcomed Mr. Neblett. Supervisor Turner moved the Board adopt the following resolution: A RESOLUTION REQUESTING_THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE ORCHARD GARDEN LANE INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the Commissioner of the Virginia Department of Transportation be, and he is hereby, requested to include as a part of the Virginia State Secondary Road System of Highways, subject to improvement and maintenance in accordance with Section 33.1-229, Code of Virginia, as amended and reenacted, the following street, Orchard Garden Lane, located in The Hardy Magisterial District, Isle of Wight County. 1. Orchard Garden Lane - Beginning at a point on State Route 10 0.06 mile northwest of its intersection with State Route 674; thence running in a southwesterly direction 0.16 mile to a cul-de-sac. Length: 0.16 mile Right of way: 40 feet Total length: 0.16 mile Unrestricted rights of way forty (40) feet in width and additional right-of-way for the cul-de-sac, along with the necessary drainage easements have .been provided and-are on record in the Office of the Clerk of the Circuit Court for Isle of Wight County in Deed Book 216, Pages 536-53.8, dated January 17, 1973; ~o~K 14 ~;,,.~a4-~ z Deed Book 364, pages 842-845, dated January 26, 1990; Deed Book 366, pages 703-706, dated March 21, 1990; Deed Book 366, pages 707- 711, dated March 21, 1990, and are guaranteed. The motion passed by unanimous vote (5-0). Chairman Bradby called for comments by citizens with road concerns. None appeared. Chairman Bradby read the following resolution of appreciation to Mr. Coates. RESOLUTION OF APPRECIATION TO RICHARD WARREN COATES, RESIDENT ENGINEER, SUFFOLK DISTRICT, FOR HIS PROFESSIONAL ACCOMPLISHMENT AND OUTSTANDING SERVICE TO ISLE OF WIGHT COUNTY WHEREAS, Richard Warren Coates has served the Virginia Department of Transportation since June, 1953, and has continuously risen in responsibility and accomplishment in that organization; and, WHEREAS, Richard Warren Coates has served as Resident Engineer within the Virginia Department of Transportation°s Suffolk District since August of 1973; and, WHEREAS, Richard Warren Coates has served the transportation needs of the Commonwealth of Virginia, the Hampton Roads region, and, most particularly, the County of Isle of Wight in an exemplary and outstanding manner; and, WHEREAS, Richard Warren Coates will retire from the Virginia Department of Transportation effective August 1, 1990 after more than thirty seven years of dedicated public service. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Isle of Wight County, Virginia, that it hereby expresses its appreciation far the dedicated efforts and support of Richard Warren Coates during his many years of service and hereby congratulates him for his outstanding record of accomplishment spanning over thirty seven years. BE IT FURTHER RESOLVED, that a copy of this resolution of appreciation be presented to Richard Warren Coates at the regular meeting of the Board of Supervisors of April 5, 1990, and that copies of this resolution be forwarded to the District Engineer of the Suffolk District and the Commissioner of the Virginia Department of Transportation. The motion passed by unanimous vote (5-0). County Administrator Standish stated the County had previously been participating in the Virginia Department of Transportation's revenue sharing program at a level of $200,000. Supervisor Turner moved to allocate $200,000 for participation in the Virginia Department of Transportation's revenue sharing program. The vote in favor was unanimous (5-O). // Chairman Bradby called for the presentation by William R. Pierce, State Department of Forestry. William R. Pierce, State Department of Forestry gave an activity report for 1989. Supervisor Turner moved the Board adopt the following 1989 Report of Forestry Activities in Isle of Wight. ?9rY ~4 %;:;;r~4 3 C 1989 Report of Forestry Activities in Isle of Wight Acres Total .Commercial Forest: 116,476 1. Forest Fire Data Number Acres Forest Fire Burned 1 8 No. fires on which suppression costs 0 collected No. fire law violations in court 0 2. Forest Landowners Assisted Forest Management Plans 21 1944 Other examinations and landowner assists 117 6457 Total landowners assisted 138 8401 3. Forest_Manaaement Accomblishments Landowners ordering seedlings 14 No. seedlings planted 261,000 No, tracts planted or seeded and 15 631 acreage Natural regeneration 10 390 Total reforestation 25 1021 u No. tracts and acreage site prepared 3 146 (prescribed burned) No. tracts and acreage site prepared 2 4~ (other) Total site preparation 5 189 Pine stands thinned 0 0 4. Best Management Practices Lin Ft Log road layout Stabilization (roads, decks, fire lines) 5 1200 Buffer strips (streamsde wildlife, .etc.) Other BMP's 58 5. Information and Education Articles to news media 4 Talks (schools, clubs, fire, field trips) 19 Exhibits, parades 9 The motion passed by unanimous vote (5-0). // Chairman Bradby called for Public Hearings. Dr. Vito Morlino, School Superintendent, stated the Board had the 1990-91 School Board Budget which was adopted by the School Board on March 23, 1990, and which proposed no new programs, but does comply with the-State mandate on average teachers salary increase and places importance on instructional needs. Dr. Morlino further stated the deliberations on this budget were consciously influenced by the imminent needs of the developing capital improvement plan. Dr. Morlino stated major increases can be identified as follows: 1 1. Instruction increase; $2.6 million 2. Food Service increase; $400;000 3. Asbestos Abatement; $400,000 4. Free Additional Bus Replacements to meet the Virginia Department of Transportation's mandates; $100,000 Dr. Morlino pointed out that the State share in the 1989-90 budget was 46.4$ and the County share was 51.2$. Dr. Morlino continued that in the 1990-91 budget, the State share is 47.2$ and the projected County share is 48.7$. pcl nl`. ~ 1 ri~~:~~ ll..~ 4 Dr. Morlino continued that in order to attract the quality growth that the County deserves, the County must continue to support and develop the quality and growth of our public school system. Chairman Bradby asked for persons in favor of the School Board 1990-91 Budget. .Jane Luber, 1119 St. Catherine Drive, Carrollton, spoke in favor of the 1990-91 Schools budget. Linda Morgan, Chairman of the School Board, spoke in favor of the 1989-90 Schools budget. Chairman Bradby asked for persons in opposition to the 1990- 91 School Board Budget. No one appeared. County Attorney Crook stated the Board was prevented by law from acting on the 1990-91 School Board budget at the April 5, 1'990 meeting and that the Board must wait at least seven days. County Attorney Crook continued that the 1990-91 School Board budget was scheduled to be on the April 19, 1990 agenda at which time the Board would presumably act on the Budget. Supervisor Bradshaw stated the members of the School Board and Dr. Morlino were doing a good job; however, consideration must be given to what the staff can do without, such as an Assistant to Dr. Morlino and a Computer Coordinator. // Chairman Bradby called for the public hearing on the Ordinance to Amend Chapter 3, Section 3-21 of the Isle of Wight County Code to Amend the Leash Law to Require That Dogs May Not Run at Large in Subdivisions. County Administrator Standish asked Shirley Land, Animal Control Officer to approach the podium to make introductory comments. Shirley Land stated that the changes requested for the leash law is based on complaints received in the last two and a half years working for the County and not being able to enforce a leash law in subdivisions zoned A-1, A-2, or A limited. Mrs. Land stated citizens had expz°essed a great deal of frustration at dogs running at large, or in packs, which raid trash cans, dig holes in yards, or chasing people. Mrs. Land further stated many hunters had expressed concern that their activities may be cut out, but that the paragraph would not be changed in the leash law enabling hunters to still run their dogs on a hunt, field trials or training exercises, as long as the owner was with-the dog. Chairman Bradby asked for persons in favor of the ordinance. Ruth Austin of Cherry Grove Acres spoke in favor of the ordinance. Ed Lynch, of Highway 654 at Roundtree Meadows, spoke in favor of the ordinance stated he felt the County had a severe need to control dogs running at large. Chairman Bradby asked for persons to speak in opposition to the ordinance. David Joyner, of Route 2, Box 289C, Windsor, spoke in opposition to the ordinance stating he had a problem with the second paragraph of the ordinance which read "A dog shall not be considered at large if during the hunting season it is a bonafide 5 hunt in the company of a licensed hunter, during field trials or training periods, when accompanied by its owner or custodian." Mr. Joyner further stated that when he _ turned his dogs. out, he was unable to guarantee where they would end up and asked that on the amendment, under the leash law in subdivisions, .that it completely exclude collared hunting dogs. Phyllis Bloxom of Rushmere stated she was not in favor or in opposition. Mrs. Bloxom stated in her neighborhood, there were a total of four dogs, and none had caused any problems or damage. Mrs. Bloxom stated that in heavily populated areas, there may be a need for this ordinance, but in her area, she would like for it to remain the same. Charles Little stated that in some areas, there was a need for a leash law; however, in a rural area, there is not a need to amend the leash law. Buck Jones stated in a rural area he believed there was no need for a: leash law;. however, in populated areas, there may be a need for the amended leash law. County,Attorney Crook stated the problem of the Animal Control Officer is with the people who-live in subdivisions who call the Animal Control Officer about dogs and she can't do anything because it is not zoned residential. Mr. Crook further stated he had no problems with any of the suggestions made, one to exempt collared hunting dogs and the other tc~ make subdivisions ten .lots or more. Mr. Crook advised he-could make these changes if the Board desired. Supervisor Turner stated the County did not want to limit the hunting, but the County needed something that the Animal Control Officer could work with if there was a problem. Supervisor Edwards stated there had been .several suggestions from the citizens on various ways the amended ordinance could be worded which might solve the problem. Supervisor Edwards further stated he was hesitant about changing the ordinance today- and suggested the Board table the ordinance to refer it to a committee of the County Attorney, Board members, and concerned citizens to see if something could be worked out to protect the dog owners and property owners. Chairman Bradby stated he had a problem with the ordinance in that the County should not penalize the citizens or make it hard for the Animal Control Officer. Chairman Bradby further stated he would vote against it and that a committee of County Attorney Crook, one Board member, and various members of hunting clubs could put together an ordinance that will be acceptable to all parties concerned. Supervisor Bradshaw moved to table the Ordinance to Amend Chapter 3, Section 3-21 of the Isle of Wight County Code to Amend the Leash Law to Require That Dogs May Not Run At Large in Subdivisions to the. June 21, 1990 meeting of the Board of Supervisors and that in the interim the Chairman appoint a committee of representatives of people who are in favor of the ordinance as drawn with representatives of hunting clubs and one Board member. The vote in favor was unanimous (5-0). // Chairman Bradby called for public hearing on the Ordinance To Amend Chapter 3, Section 3-9 of the Isle of Wight County Code Ta Add Provisions For Dog Killing Domestic Animals Other Than Livestock Or Poultry. County Attorney Crook stated the present ordinance controls dogs killing, injuring, or chasing livestock or poultry and does not protect other domestic animals. Mr. Crook advised that the aon~ ~4 r;...~54 6 State law has been changed to include other domestic animals and that the County code is being changed likewise to include other domestic animals. Supervisor Bradshaw moved to adopt the following ordinance. The vote in favor was unanimc+us (5-O). AN ORDINANCE TO AMEND CHAPTER 3, SECTION 3-9 OF THE ISLE OF WIGHT COUNTY CODE TO ADD PROVISIONS FOR DOG KILLING OTHER DOMESTIC ANIMALS OTHER THAN LIVESTOCK OR POULTRY BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 3-9 of the Chapter 3, Article II, Division 1, of the Isle of Wight County Code be amended to read as follows: Section 3-9, Doas. killing, injuring or chasing livestock, poultry or other domestic animal. It shall be the duty of any animal warden or other officer who may find a dog in the act of killing or injuring livestock, poultry or other domestic animal to kill such dog forthwith, whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight, as shall any owner of livestock, poultry or other domestic animal or his agent finding a dog chasing livestock, poultry or other domestic animal on land utilized by said livestock, poultry or other domestic animal when the circumstances show that such chasing is harmful to the livestock, poultry or other domestic animal. Any court shall have the power to order the animal warden or other officer to kill any dog known to be a confirmed livestock, poultry or other domestic animal killer, and any do killing livestock, poultry or other domestic animal for the third time shall be considered a confirmed livestock, poultry or other domestic animal killer. Any animal warden who has reason to believe that any dog is killing livestock, poultry or other domestic animal shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned herein. Any animal warden or other person who has reason to believe that any dog is killing livestock, poultry or other domestic animal, or committing any of the depredations mentioned in this section, shall apply to a magistrate of the county, city or town wherein such dog may be, who shall issue a warrant requiring the owner or custodian, if know, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock or poultry or has habitually killed other dogs or domestic animals, the court may order that the dog be killed immediately by the animal warden or other officer designated by the court. /1 Chairman Bradby called for the request of James M. Person to hold a Music/Entertainment Festival on property owned by Arthur L. Roberts located on Routs 686, at Tylers Beach, Hardy Magisterial District on Saturday, May 26, 1990, (rain date on May 27, 1990). James Person appeared and stated he appeared before the Board last year and that basically the application had not changed other than the number of dates and the time frame in which he has taken a more conservative approach. Mr. Person further stated the new hours were from between 3:00 P.M. and 7:00 P.M. with security to remain the same and one rain date. Chairman Bradby called for persons in opposition to the application. ao~r: 14 ~a,:~~4~ 7 Phyllis Bloxom of Rushmere Shores in Rushmere stated she had a problem with the .application and wanted Mr. Person to expand on what kinds of drinks would be served, the security, and when it would begin and end. Mr. Person stated it would begin at 3:00 P.M. and end at 7:00 P.M. with United Security policing the area. Mr. Person advised that the State requires at this type of gathering that beer be sold with profits of the beer sales to go to a non-profit organization. Mr. Person continued that it was necessary to have a rain date because it takes a united effort to pull this off. Chairman Bradby stated he had a problem with the rain date being a Sunday because Church activities went on all through the day and he did not want this kind of. activity going on. .Chairman Bradby continued that he would support a Saturday festivity date, but could not support the Sunday rain date. Chairman Bradby asked for persons to .speak in favor of the request. Michelle Johnson of Williamsburg stated she had worked with Mr. Person in the past-'two years and .was in favor of the request. Supervisor Turner offered for discussion that the rain date to be carried to the following Saturday. County Attorney Crook advised. that the rain date could be deleted but not changed from Sunday to another without readvertising the application for another public hearing. Supervisor Turner moved the Board to table the request of James M. Person to the April 19, 1990 meeting of the Board of Supervisors and readvertise same with the. rain date being the following Saturday. The vote in favor was unanimous (5-0). Chairman Bradby called for consideration of the application of Kenneth E. Williams, owner and K. G. Kantsios, prospective owner for a change in zoning classification from A-1, Agricultural Limited to C-M-1, Conditional Industrial Limited, 2.715 acres of land located on the north side of Route 17, between Route 661 and Route 662, in Newport Magisterial District. The purpose of the application is for a wholesale warehouse, retail showroom and accessory uses. Chairman Bradby called for persons in favor of the application. Jess Langhart, a real estate broker in Newport News representing Mr. Williams and Mr. Kantsios, spoke in favor of the application. K. G. Kantsios, prospective owner, spoke in favor of the application, Supervisor Turner moved the Board approve the application of Kenneth E. Williams, owner and K. G. Kantsios, prospective owner, for a change in zoning classification from A-1, Agricultural Limited to C-M-1, Conditional Industrial Limited, 2.715 acres of land located on the north side of Route 17, between Route 661 and Route 662, in Newport Magisterial District. The vote in favor was unanimous (5-0). // Chairman Bradby called for Citizens Comments. William Laine stated several citizens were concerned abaut action the Board took last summer in establishing a no-wake zone on the Pagan River at Gatling Pointe and asked the Board to R~n!r 1~ ;~;;~~~~ S reconsider that action. Mr. Leine further commented he felt like the Pagan River was a major thoroughfare from the Smithfield area to the James River and that the Board was imposing an unreasonable burden on everyone else using the river for the benefit of a few people to keep them from building a bulkhead to stop wave action. Alan Monette spoke in apposition to the ordinance and stated a lot of people would have been at the earlier meeting had they not missed the notice. Mr. Monette further stated he would like to see the ordinance changed and that the Board adopt a policy tinat the river have no no-wake zones from Smithfield to the James River. Carter Williams, Pagan River property, owner, stated he was also concerned about the ordinance and missed the ordinance in the paper when it was advertised. Mr. Williams continued he had spoke with approximately fifty families who also had opposition to the no-wake zone ordinance. Supervisor Ross moved the Board direct County Attorney Crook to prepare a resolution to be advertised that the Board will have a public hearing to consider repealing the no-wake zone. The vote in favor was unanimous (5-0). Bob Steele, homeowner and contractor for Smithfield Downs, stated there was a problem with the water system and that he had people wanting houses built, but cannot get building permits because the Company that had sold the property had filed bankruptcy. Mr. Steele further stated that he had spoken with the Health Department who informed him the owners could put down their own community well, but under the contract signed with the company who filed bankruptcy, they have a community well system which is not adequate to supply all houses in the subdivision. W. Douglas Caskey, Assistant County Administrator/Community Development, stated he was advised that the developers of the Springfield Downs subdivision had filed for bankruptcy. Mr. Caskey advised that the developer was notified of expected performance of all physical improvements before the termination of their performance dates which was around October, which was 30 days notice. Mr. Caskey further advised that he did not hear from them and notified Crestar Bank that the County had a valid Letter of Credit in the amount of somewhat over $100,000. Crestar Bank then notified the County that because of the situation and status of the subdivision that other methods for providing financing for completing the improvements should be addressed, which is when the County began. working with the County Attorney's office and the attorneys for Crestar Bank. Jimmy Hodges, owner of five lots, appeared and stated that it had been over six months and it should have been completed in October. Mr. Hodges asked the Board how long it takes the County to respond after the developer defaults and the County takes over. County Attorney Crook stated that first Crestar took the position that since the developer was in bankruptcy that put everything on hold concerning the bond. Mr. Crook further advised that he negotiated with the attorneys for Crestar who have agreed to pay the amount of the cost of improvements, which will take time. Supervisor Turner commented that. the County had bids on the road part of it and as soon as the County finds out which direction it can go with the water, the County will have bids on that. Supervisor Turner continued that the Board could not take action today as to what FCR's position is until they are contacted, but that it can be done and brought back to the April 19, 1990 meeting and in the meantime, the County will be in a position as to what it is going to cost to fix the water system. Of~Pw ~~ + r.V ~~ ~~ZZ %~. 9 Grace Keen stated she had been asked by citizens to go to the Board to see if she could find a solution to-their sewage problems. Mrs. Keen stated she could not give out the development. name, but that it was in Supervisor Turner's district. Supervisor Turner stated that a great majority of the land that was approved for septic use ten years ago will not pass under the new standards that the Health Department .sets today. Supervisor Turner also stated that there are many situations that do need help and sewage lines brought into the area. // Chairman Bradby called for the Community Development Report. W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following application and plats for the Board's consideration: 1. The application of Raymond Holloway and Gladys Holloway to allow a mobile home for their daughter, Betty Ruffin and family to occupy on property 1^cated on the north side of Route 696, between Route 696 and Route 641, in Windsor Magisterial District. Supervisor Bradshaw moved to approve the application of Raymond Holloway and Gladys Holloway as recommended by the Planning Commission. The vote in favor was unanimous (5-O). 2. Subdivision plat of property of .Kenneth Glenn Edwards and Brenda Byrum Edwards, 9.03 acres of land located on Route 646, in Hardy Magisterial District. Chairman Bradby moved to approve the. plat of Kenneth Glenn Edwards and Brenda Byrum Edwards. The vote in favor was unanimous (5-0). 3. Subdivision plat of property of Johnny R. Boyd and Mary K. Boyd, 2.7361 acres of land located off of Route 627, in Hardy Magisterial District> Supervisor Turner moved to approve the plat of Johnny R. Boyd and Mary K. Boyd. She vote in favor was unanimous (5-0). 4. Subdivision plat of property of Howard Dailey Delk and Virginia Lee Delk, 1.328 acres of land located off of Route 626, in Hardy Magisterial District. Supervisor Edwards moved to approve the plat of Howard Dailey Delk and. Virginia Lee Delk. The vote in favor was unanimous (5- O) . 5. Subdivision plat of property of William N. Howell, Jr., 1.033 acres of land located on Duke's Lane, in Windsor Magisterial District. Supervisor Bradshaw moved to approve the plat of William N. Howell, Jr. The vote in favor was unanimous (5-O). 6. Subdivision plat of property of Matthew James Harrison, 1.033 acres of land located on Duke's Lane, in Windsor Magisterial District. Supervisor Bradshaw moved to approve the plat of Matthew James Harrison. The vote in favor was unanimous (5-0). 7. Subdivision plat of property of Irene M. Griffin, 1.5 acres of land located on Route 1402, in Hardy Magisterial District. ~o~K ~4 ~;:~ ~55 10 Chairman Bradby moved to approve the plat of Irene M. Griffin. The vote in favor was. unanimous (5-0). W. Douglas Caskey, Assistant County Administrator/Community Development presented a plat to the Board showing division of property that very likely has been put to record on Route 681 showing a total of 21 parcels having been subdivided all of which meet the minimum requirements of five acres in size and most of which are 150 feet .gin width and falls outside of the definition within the County's subdivision ordinance and yet there are twenty one building sites fronting on Route 681 that the County has no jurisdiction over with the possibility of twenty one houses appearing on these lots. Mr. Caskey continued that in July of 1988, an amendment to the subdivision ordinance was adopted which dealt with the definition of the term subdivision and what would qualify as being a subdivision of land by which the subdivision ordinance would have jurisdiction over that subdivision of land. Mr. Caskey further stated that definition created a loophole which has been brought to the Board's attention by the County Attorney before. Mr. Caskey continued that the definition of subdivision says that if a division of property is involving five acres of more of land and fronting on an existing State road, then it is not considered a subdivision and any division of property where the acreage is five acres of more does not fall into the jurisdiction of the County's subdivision ordinance and similarly does not fall under a requirement for rezoning or any other action that might require review and consideration. by the Planning Commission and the Board of Supervisors. County Administrator Standish stated that if the Board wished, the Board may want to have the County Attorney bring back a proposed amendment to the subdivision ordinance. County Attorney Crook commented that he concurred with Mr. Caskey's comments and that it was a loophole that needed to be closed. Supervisor Turner moved to authorize County Attorney Crook to initiate a proposed amendment to the subdivision ordinance. // Chairman Bradby called for the County Attorney's report. County Attorney Crook requested a ten minutes recess at 4:30 PM. Supervisor Turner moved for a 10 minutes recess. The vote in favor was unanimous (5-0). At 4:40 PM, upon returning to open session, Chairman Bradby stated the County Attorney's report would be omitted at this point in the meeting and continued on to the County Administrator's report. f/ County Administra~.~.~ Standish requested Sheriff Phelps to approach the podium. Sheriff Phelps reported to the Board that he had received a memorandum from the Virginia State Sheriff's Association which stated that the General Assembly was considering reducing the mileage reimbursement to the Sheriff's Department from .24 for the first 15, 000 and .11 for all additional miles for an average of .16 per mile and requested the Board to authorize County Administrator Standish to write to Senator Holland and Delegate Councill relative to mileage reimbursement to remain at .24 for the first 15,000 miles and .11 for all additional miles. ~o~r ~..4 ~;::~ ~~ ~. 11 Supervisor Turner moved. the Board direct County .Administrator Standish write to Senator Holland and Delegate Councill relative to mileage reimbursement to remain at .24 for the first 15,000 miles and .11 for all additional miles. She vote in favor was unanimous (5-0). County Administrator Standish introduced Donald Robertson, Assistant to the County Administrator, who replaced Kenneth Chandler. County Administrator Standish requested the Board's consideration in adopting the Virginia Adult Abuse Prevention Week resolution. - Supervisor Edwards moved to adopt the following resolution. The vote in favor was unanimous (5-0). Virginia Adult Abuse Prevention Week WHEREAS, the County of Isle of Wight has been mandated by the State of Virginia to protect the aged and disabled; and, WHEREAS, age and disability can increase the vulnerability of many adults to tile. circumstances that surround them; and these adults may not .have the physical or mental capacity to remove themselves from risk; and, WHEREAS, incidents of abuse,. neglect and exploitation of the aged and disabled occur in every ethnic, economic and educational background; and, WHEREAS, the number of aging and disabled adults needing protection has steadily increased over the past several years; and, WHEREAS, the County of Isle of Wight has worked towards identifying the needs and offering assistance to these individuals to improve the quality of life for all county .residents. NOW, THEREFORE, the Isle of Wight County Board of Supervisors does hereby recognize the week beginning May 4, 1990, as. VIRGINIA ADULT ABUSE PREVENTION WEEK and calls upon all citizens to' .be aware of the needs of older and disabled adults and to help them in their efforts to be secure and as self-sufficient as possible. County Administrator Standish asked Alan Nogiec, Director of Parks and Recreational Authority, to address the Board on his request for $4,000 in matching funds for the annual Fourth of July fireworks demonstration. Alan Nogiec, Director of Parks and Recreation, stated that for the past two years the Isle of Wight County Parks and. Recreational Facilities Authority has sponsored a fireworks show in conjunction with the Fourth of July. Mr. Nogiec further stated the financing for the program in the past year has come from the northern end of the County with the fireworks being fired by volunteers that are affiliated with the Windsor Volunteer Fire Department and that this year the Parks and Recreational Authority would like to fire the fireworks"electronically. Mr. Nogiec proposed that in order to make the show a better and bigger one this year and to incorporate the electronic fireworks this year that the Board approve a matching grant. program .not to exceed $4,000 for the annual Fourth of July fireworks demonstration. Mr. Nogiec continued that the offered $4,000 in County funds would be matched by donations from the community to purchase strictly fireworks. Supervisor Turner moved to approve matching funds not to exceed $4,000 to the Parks and Recreational Facilities Authority as requested. The vote in favor was unanimous (5-0). ~eFl~ 14.,..;~~74 12 County .Administrator Standish asked for the Board's consideration in the funding of a history book on Isle of Wight County by Helen King with the proceeds from the sale of the book to reimburse the County. Mr. Standish further requested the Board to ask William E. Laine, Jr. to be an interim Project Coordinator to develop a budget, calendar, etc. for the project. Supervisor Turner moved the Board. appoint William E. Laine, Jr. as interim Project Coordinator and have him return to the Board with a report on the proposed budget, schedule, etc. for the project. The motion passed by unanimous vote (5-O). County Administrator Standish recommended the Board authorize representation an the Hampton Roads Air Pollution Control District Committee and asked for-the Board's consideration in appointing the Assistant County Administrator/Community Development and the Economic Development Coordinator as Isle of Wight's member on the Hampton Roads Air Pollution Control District committee. Supervisor Turner moved the Board appoint W. Douglas Caskey, Assistant County Administrator/Community Development and County Planner, William McKay to represent Isle of Wight County on the Hampton Roads Air Pollution Control District Committee. The vote in favor was unanimous (5-O). County Administrator Standish informed the Board that the Bond Counsel has asked the County to set the public hearing for May 3, 1990 on the upcoming bond issue to be advertised in the amount of $9,000,000 although the County's final bond issue will be only $5,000,000. Supervisor Turner moved the Board advertise a public hearing for the May 3, 1990 meeting of the Board of Supervisors for a bond issue to be advertised in the amount of $9,000,000. The vote in favor was unanimous (5-0). County Administrator Standish reported that Supervisor Edwards had received a letter today from the residents of Tynes Corner requesting improvements to their dumpster site to include a fence to control blowing litter. Supervisor Edwards requested County Administrator Standish to write Burdett C. Edwards and Bertha Johnson and inform them the matt@r is being looked into. County Administrator Standish informed the Board that was all in his report, but he would request an Executive Session to discuss a matter which may involve advice of legal counsel. // County Attorney Crook advised the Board that he had nothing for public session, but had matters for Executive Session. // Chairman Bradby called for ldew Business. There was no new business for discussion. // Chairman Bradby called for Old Business. There was no old business for discussion. // Chairman Bradby called for Appointments. 13 1 Supervisor Ross commented that Reverend James J. Johnson had resigned from the Southeastern Tidewater Opportunity Project in December of 1989 and moved the Board appoint Henry Fail of Smithfield to replace Reverend Johnson. The vote in favor was unanimous (5-O). // Chairman Bradby called for the approval of the March 1, 1990 Minutes of the Board of Supervisors. Upon recommendation of County Attorney Crook and motion of Supervisor Turner, the vote was unanimous (5-0) to approve the March 1, 1990 Minutes of the Board of Supervisors. // Supervisor Ross moved to adjourn the Board of Supervisors meeting at 5:07 P.M. to reconvene following the continued Public Service Authority meeting of March 26, 1990. The vote in favor was unanimous (5-0). // Chairman Bradby called the meeting back to order at 5:26 PM and stated County Attorney Crook had previously requested an Executive Session. 1 County Attorney Crook requested an Executive Session pursuant to Section 2.1-344A of the Freedom of Information Act, subparagraph 3, discussion of the condition, use, and disposition of publicly held property, specifically the existing County landfill, and under subparagraph 4, consultation with legal counsel and briefing by staff members pertaining to actual litigation, specifically the court case of ICeusal versus Isle of Wight County. Supervisor Turner moved the'Board go into Executive Session for the purposes stated by the County Attorney. The vote in favor was unanimous (5-0}. Upon the Board returning to open session, Supervisor Edwards moved the adoption of the following resolution.- The vote in favor was unanimous (5-0). CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, 2.1-344.1 of the Code of Virginia requires a certification by .the Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0