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01-21-1999 Regular Meetingaua~ 18 ~~~:~?_~~1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED NINETY NINE 1 PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice-Chairman I~enry H. Bradby Robert C. Claud, Sr. ABSENT: Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald. T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H.. Mills, Recording Secretary Chairman Spady called the meeting to order at 6:00 p.m. Supervisor Bradby delivered the invocation. The Pledge of Allegiance was delivered. // Chairman S~iady called for Special Presentations. Chairman Spady recognized the winners of the recent County flag competition. They were as follows: First Place winner, Johnny Bateman/Smithfield High School; Second Place winner, Cecelia Arthur/Smithfield High School9 and, Third Place winner, Stephani Goodman/Isle of Wight Academy. Savings Bonds in various amounts were distributed to these individuals for their contribution. County Administrator .Caskey noted Mr. Bateman was not in attendance and he would forward his Savings Bond certificate to him. Herbert DeGroft, Evelyn Chandler, William Barrett and Lynn Butler were also recognized for their contribution as members of the Flag Committee. Diane Howard, also on the Flag. Committee, was recognized but was not in attendance at the meeting. Les Adams -and Mary Beth Michos, fire and rescue consultants with Carroll Buracker and Associates, addressed the Board on the County's volunteer fire and rescue services. They presented various recommendations, as o~rtlined in the "Evaluation of EMS and Fire Services for Isle of Wight County, Virginia," a copy of which was distributed to the Board members at the meeting. Supervisor Claud moved that a copy of the Study distributed at the meeting be provided to the Fire and. Rescue personnel in the County for their 1 input. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. i! Supervisor Cofer moved, which passed unanimously (4-0), that the Board amend the order of the agenda in order to consider the following application: Request by Carter Williams with Carter Construction, acting as agent for Mr. and Mrs. Ernest Gillespie, for an exception to the Chesapeake Bay Preservation Area Ordinance to allow. the construction of a single family dwelling in the required one hundred foot (100') Resource Protection Area Buffer. Jonathan W. Hartley, Director of Planning and Zoning, noted the Planning Commission recommended the Board approve the application. Supervisor Cofer noted the applicant is following Best Management Practices. Supervisor Cofer moved the Board approve the request as presented by Carter Williams. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0): none voting against. // At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda to conduct the public hearings. The motion -was adopted unanimously (4-0). Chairman Spady called for a public hearing on the following: Federal Transportation Enhancement Program/Boykin's Tavern Renovation (Resolution Requesting Transportation Enhancement Funds From the Virginia Department of Transportation for the Boykin's Tavern Renovation Project) Lynn P. Harris, Director of Economic Development, requested that staff' be permitted to prepare an application to the ISTEA Program for approximately $1.50,000. Ms. Harris noted $100,000 is referenced- in the Board's agenda package, however, following discussions with VDOT and the County's Historical Society, she is .requesting an additional $50,000. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. Thomas Fenderson noted ISTEA does not normally expect a locality. to raise more than 10% to 15% of the needed funds and the County has 1 e ~ 1 2 80~K 1V ~A~~~`r`J~ already satisfied this requirement. Mr. Fenderson stated he hoped the Board would proceed with the renovation work even though the County would not officially have ali the .needed funds in April because the tavern is a significanthistoric resource. 1 There being no .further public comments offered, Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board adopt the resolution. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Chairman Spady called for public hearing on the following resolution: Resolution to Exempt From Local Taxation the Property Owned by the Isle of Wight/Smithfield/Windsor Chamber of Commerce Located in the Town of Smithfield, Isle of Wight. County, Virginia Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. 1 Constance Rhodes, Executive Director, Smithfield/Isle of Wight/Windsor Chamber of Commerce, stated, if approved, .the savings realized .would be $1,200 annually. Ms. Rhodes requested the Board favorably approve the application. There being no further public comments offered, Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt the following resolution: COUNTY OF ISLE OF WIGHT RESOLUTION WHEREAS, the Isle of Wight/Smithfield/Windsor Chamber of commerce has been providing services and facilities for business,: industry and citizens of the County of Isle of Wight including the Towns of Smithf eld and Windsor located therein since 1984; and, WHEREAS, said .Chamber of Commerce has purchased property located at 104 N. Church Street in the Town of Smithfield, County of Isle of Wight, Virginia and is operating from this facility; and, WHEREAS, the said Chamber desires to obtain real estate tax exemption for said property from the Virginia General Assembly; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, had a Notice published in The Daily Press on January 15, 1999, 3 8a`'K 18 ~Mi'rN ~~ l advising the .general citizenry of a public hearing to be conducted January 21, 1999, on this request; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, conducted said public hearing on January 21, .1999; and, WHEREAS, .said Chamber of Commerce .has submitted .the following information in accordance with Section 30-1.9.04, of the Code of Virginia, as amended; 1. Said Chamber of Commerce is exempt from taxation pursuant to Section 501-c of the Internal Revenue Code of 1954. 2. Said Chamber of Commerce does not hold an alcoholic beverage license. 3. No director or officer of the Chamber is paid compensation in excess of a reasonable allowance for salary. 4. A. No part of the net earnings of said Chamber inures the benefit of any one individual. B. Portions. of the service provided by the said Chamber are generated by funds from donations, contributions .and/or grants. 5. By .providing services for business, industry and citizenry or citizens of the County and Towns, the .said Chamber. provides services for the common good of the public. 6. No part of the activities of the Chamber involves a carrying on of propaganda or otherwise attempting to influence legislation. 7. No rules, regulation, policy or practice of the Chamber discriminates on the basis of religious conviction, race, sex, or national origin. 8. It is the belief of the Board of Supervisors of Isle of Wight County, Virginia,. that the revenue impact on the County of Isle of Wight would be minimal at best for the services provided by the Chamber and how it benefits the County of Isle of Wight.. 9. ...The Chamber is organized as anon-profit organization and a non-stock corporation; and, WHEREAS, the current assessed value of the real property owned by the Chamber of Commerce is $127,800.00 which would result in a real estate tax loss for the County of Isle of Wight of $920.16 annually, based on the current tax rate of $0.72 per $100.00 of assessed value. 1 4 804K . 10 rz;'l.,E~J 1 NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Isle of Wight, Virginia, in regular session assembled January 21, 1999, that . it does hereby support the request of the Isle of WightlSmithfield/Windsor Chamber of Commerce and urges- the. General Assembly to favorably consider its request for real estate tax exemption as a non-profit organization. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Chairman Spady called for a public hearing on the following application:. The application of Betty Stephenson Horton, owner, and Melvin and Annette Bradshaw, prospective owners, for a Conditional Use Permit to allow an existing mobile home to remain on the property for a period of two (2) years while building a .single family dwelling. The property is located at 18579 Norton's Lane, Windsor Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. 1 Melvin D. Bradshaw, Jr. requested the Board grant approval of the Conditional Use Permit. Mr. Bradshaw noted he hopes to build a permanent residence within one {lj year. Chairman Spady closed the public hearing and called for comments from the Board. 1 Supervisor Claud moved the Board approve the application of Betty Stephenson Ha:trn, The rnotion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Chairman Spady called for a public hearing on the following application:. The application. of Annie V. Williams and Sprint PCS for a Conditional Use Permit to erect a communications tower -150 feet in .height with an equipment cabinet area at the base of the tower. The. site is located on the .south side of Windsor Boulevard (Route 460) east of Old Mill Road (Route 607) and west of the Suffolk City l:~ine in Windsor Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. f afl~K 1~ >N~~2E.~6 Ted Crueger, Zoning Coordinator with Sprint PCS, requested the Board approve the application. In doing so, it will allow Sprint's signal to travel from the tower that will be built at Pruden and provide no interruption in service, stated Mr. Crueger. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of Annie V. Williams. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Chairman Spady called for a public .hearing on the following application: The application of Charles S. Jordan,. Estate Heirs, owners and Isle of Wight Materials Company, Inc., prospective owner and operator for a Conditional Use Permit to excavate a borrow pit totaling twenty (20) acres of land. The site is located on the west side of Benns Church Boulevard (Route 10) between Casper Circle and Muddy Cross Drive (Route 620) in Newport Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. Richard L. Turner, Isle of Wight Materials, stated the size has been reduced and the location has been moved further back from the highway. In addition, the house, which is currently located at the site, will be preserved. Mr. Turner stated the sand operation wily not begin before the Jackson property is completely reclaimed. Samuel Glasscock, resident of Suffolk and part owner. of the property, stated he supports the application and requests the Board approve it. Henry Morgan, Isle of Wight Materials, stated it is economically. in Isle of Wight. Materials' best interest to have a good product upon completion and they intend to finish what is started. Don Land, resident on Benns Church Boulevard, noted he did not. have any objection to .the proposed application as long as he can not see it from the road. Mr. Turner stated the proposed twenty (20) acre pit is to be reclaimed as a lake and will be located behind the woods and a berm and additional trees will be planted. Supervisor Bradby moved the Board approve the application of Charles S. Jordan, Heirs, as conditioned. The motion was adopted as 'J 4 1 6 .; ~o~~K. 18 :~:-?~~7 follows: Cofer, Bradby and Spady voting in favor of the motion (3-0); none. voting against;. Supervisor Claud abstained from discussion and voting on the application stating he had a conflict of interest. 1 Chairman Spady called for a public hearing on the following ordinance: An Ordinance. to Accept the Conveyance by Deed of the Property Known as Fort Boykin from the Department of Conservation and Recreation to the County of Isle of Wight County Attorney Crook stated the State Department of Conservation and Recreation has offered to convey to the County the Fort Boykin. property which will be .maintained by the County as a park.. County Attorney Crook stated he has prepared an ordinance to accept the deed from the State. Chairman Spady called for persons to speak in favor of ar in opposition to the proposed ordinance.. Upon no one appearing, Chairman Spady closed the public. hearing and called for comments from the Board. I Supervisor Cofer moved the Board adopt the Ordinance and authorize the Chairman to sign the deed. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Chairman Spady called for a public hearing on the following ordinance: An Ordinance to Amend Table 16.1.9 of Section 16.1.9 of the Isle of Wight County Code to Add Metered -and Unmetered Rates for Camptown Area and to Add Rate for Bulk Rate Meter .Serving More Than One Equivalent Dwelling Unit 1 County Attorney Crook stated that in the table of rates provided with the ordinance there was an error in the amendment for the unmetered rate in the Camptown area. The unmetered rate was supposed. to have been advertised at a flat rate of $32 rather than $30 and the Board can not increase the .rate -from what was advertised for public hearing without publication of notice for a new public hearing.. County Attorney Crook recommended the Board not hold a public hearing on the matter tonight and that it be advertised far a subsequent meeting of the Board and. that the unmetered rate be corrected to a flat rate of $32. Supervisor Claud. moved the Board readvertise the matter for public hearing at the Board's February 18, 1999 meeting. The motion was adopted 7 ao~~ 18 ~h~.~2~8 as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Chairman Spady .called for a public hearing on the following application: The application of W. C. and Gayle .Sawyer, owner, for a change in zoning classification from RAC, Rural Agricultural Conservation, to C-SR, Conditional Suburban .Residential. The site is approximately 27.256 acres of land located on the north side of Brewers Neck Boulevard (Route 258!32) between Norsworthy Drive (Route 670) and Carver Drive (Route 1930) in Newport Magisterial District. The purpose of the application is to create a residential subdivision of no more than fifty (50) residential lots. Mr. Hartley noted for the record that a letter has been. received from Archer Jones requesting: that the application be tabled until the Board's February 18, 1999 meeting. Also attached. are revised proffers, stated Mr. Hartley. County Attorney Crook stated it would be in order to table consideration of the application until the Board's February 18, 1999 meeting, but the application should be readvertised due to changes in the proffers and at the expense of the applicant. Supervisor Claud moved the Board grant the request of the applicant to readvertise the matter for public hearing at the Board's February 18, 1999 meeting and that the readvertisement be at the expense of the applicant. The motion was adapted as follows: Cofer, Bradby, .Spady and Claud voting in favor of the motion (4-0); none voting against. // Supervisor Cofer moved .the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // Chairman Spady. indicated the following Consent Agenda included Items 2, A and B, and asked if there were any items for removal: Delinquent Real Estate Tax Collection Monthly Report .December 17, 1998 Regular Meeting Minutes Supervisor Cofer moved the Board approve all items of the Consent Agenda, to include the December 17, 1998 Continued Meeting Minutes of the Joint Work Session with the School Board, which was provided to the 1 1 8 .: ~~ Board in advance of the meeting. The motion was adopted unanimously (4- 0). // 1 Chairman Spady called for Transportation Matters. Mr. Hartley notified the Board that James Cleveland, VDOT District Administrator, would be present at staffs quarterly meeting with VDOT scheduled for 2:00 p.m. on January 25, 1999. Mr. Hartley invited any interested Board member to attend. Supervisor Claud advised the Board that a meeting was held with the residents of Muddy Cross Road the previous evening. He noted that. they are still in the process of securing additional right-of--way. Supervisor Claud requested assistance from Mr. Hartley noting that the SherifFs Department has not responded to his request for speed checks on Oliver Drive and Longview Drive. 1 // Chairman Spady moved the Board take a ten (10) minute recess. The motion was adopted unanimously (4-0). Chairman Spady called for Citizens Comments. R. L. Walker, a resident of Central Hill, spoke regarding vicious dogs running at large in the area. Mr. Walker requested the Board's assistance in having the dogs restrained. Supervisor Bradby moved the Board direct the County Attorney to prepare an appropriate revised ordinance for confinement of dogs and advise Animal Control .concerning its ability to regulate dangerous dogs. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Chairman Spady announced that the applicant, CDR Mid-Atlantic, has requested that the. application before the Department of Environmental Quality (DEQ) to land apply processing residuals from Smithfield Foods be withdrawn due to controversy over the application. Danny Guy, adjacent landowner, requested the Board initiate appropriate action to have samples taken of the surrounding soil to determine the amount of contamination, if any, .thus far. Mr. Guy noted the :subject landowners are George Edwards, Mr. Barlow, Mr. Spivey and Everett Doggett.. 9 BOL'K ~V ~h :~r'~VU Chairman Spady requested staff investigate whether or not the County can obtain an analysis of the soil and advise the Board of their findings. Robert .Edwards,. adjacent landowner, notified the Board that he had not received a letter from the State or the applicant advising him of the proposed application. He noted that he has circulated a petition containing 185 signatures of individuals to date. Mr. Edwards warned the Board that approval of such an application could have a negative impact on tourism in the County due to the unpleasant odors. Nancy Loden, Moonlight Road, requested the Board prepare and adopt an ordinance that will allow the County to have authority over the issuing of permits such. as this. Grace Keen notified the Board of various beautification efforts undertaken recently in the Benns Church area. Regarding the proposed application before DEQ, Ms. Keen noted that her home is permeated in the months of ,March and, August from the presence of .hog odors which has decreased her property value. Harry E. Wally, Moonlight Road, noted approval of the proposed application would affect his property in the front, side and back yards. He noted approval would also affect residents as far away as North Carolina. Super~~isor Bradby read a note from a citizen of the-County requesting the Board prepare. and adopt an ordinance prohibiting the dumping, of waste on land in the County and resulting in the pollution of our waterways and mother earth.. Supervisor Bradby moved the Board direct staff to investigate and come back .with a proposed ordinance to regulate the. proposed distribution of such .residual wastes. The motion was adopted as .follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-Oj; none voting against. /! Chairman. Spady called for the County Administrator's report. Alan S. Nogiec, Director of Parks and Recreation, informed the Board that the County Fair was recently recognized in various categories (information brochure/White .Ribbon, posters and placemats/Red Ribbon, photographic essay by Debra Weir/Blue Ribbon. and the media coverage booklet by Paul O'Berry/Blue Ribbon on plaque) at the Virginia. Fair Association's annual meeting. Supervisor Claud moved the Board commend Mr. Nogiec and the Fair Committee for their efforts associated with the Fair. -The motion was :~ 1 10 .-. aoc~K. ~.3.~~~-301 adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0): none voting against. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SEVEN HUNDRED THIRTEEN THOUSAND SIX HUNDRED TWENTY THREE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE ISLE OF WIGHT COUNTY SCHOOLS Wh'EREAS, during the 1997-98 budget year, the Isle of Wight County Schools did not expend all budgeted funds to be received from .local sources by seven hundred ninety three thousand six hundred twenty three dollars ($793,623); and, WHEREAS, the funds iri the amount of eighty thousand dollars ($80,000) were approved and previously appropriated from the unappropriated fund balance of the General Fund for funding two (2) teaching positions in the 1998-99 Operating Budget of the County of Isle of Wight; ands, WHEREAS, the balance of the remaining funds in the amount of seven hundred thirteen. thousand six hundred twenty three dollars ($713,623) has been approved for appropriation from the unappropriated fund balance of the General Fund for the specified non-recurring .capital expenses in the 1998-99 Operating Budget of the County of Isle of Wight. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Tsle of Wight, Virginia that seven hundred thirteen thousand six hundred twenty three dollars ($713,623) from the unappropriated fund balance of the General Fund be appropriated to the Isle of Wight County Schools in the 1998-99 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor (4-0); none voting against. D Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO DEEM CERTAIN VEHICLES AS SURPLUS. PROPERTY 11 ao~K 18 ~~~~;302 WHEREAS, the County of Isle of Wight has personal .property consisting of vehicles that. are no longer serviceable or have been replaced by new equipment and which are no longer needed by the County of Isle of Wight; and, WHEREAS, the Board of Supervisors of Isle of Wight County deems the following vehicles surplus and desires to dispose of same by method of sale most advantageous to the County; 92' Ford 4 Door Sdn 93' Ford 4 Door Sdn 87' Plymouth K-car 87' Dodge K-car 88' Dodge K-car 89' Plymouth K-car 2FACP72W2Nx210522 2FACP7l W4Px147072 1 P3BP36D4HF 166434 1 B3BD36D2HF172968 1B3BD46DXJC157163 1 P3BK46D6KC463752 Sheriffs Dept. Sheriff's Dept. County Admin. County Admin. County Admin. County Admin. BE IT FURTHER RESOLVED by said Board of Supervisors that the County Administrator, of Isle of Wight County, as the Central Purchasing Agent of said County, be and is hereby authorized to sell said. surplus property after advertising the date, place and terms irr a newspaper having general circulation in the County of Isle of Wight at least five days prior to said sale and .the. County Administrator shall report to the Board of Supervisors of the County of Isle of Wight as to the disposition of said property. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor (4-0); none voting against. Anne F. Seward, Director of Budget and Finance, and Gerald H. Gwaltney, Commissioner of the Revenue, addressed the Board regarding a cost comparison, proposed implementation plan, and comparative information from other localities for a two (2) year period for reassessment. Mr. Gwaltney stated that while proceeding with an in-house assessment every two (2) years may have merits down the road, at the present time, however, conditions do not warrant proceeding in this direction. Supervisor Claud moved the Board receive the report and that it be placed on the February 4, 1999 agenda for Board discussion. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor (4- 0); none voting against. Ms. .Seward stated the .Board, in October of 1998, approved an application and acceptance of grant funds to be received for a Criminal History Improvement Grant. by the Sheriffs Department .for hardware and software needed for law enforcement. The Sheriffs Department has received notification that it did get the award, although in a lessen amount than requested. The Sheriffs Department did pursue funding from the State Compensation Board regarding the balance of funds needed and was advised ,. ,. 1 1 1 12 BOQn 1~J ''i~~•~ •~~(J the State Compensation Board will assist with this in accordance with the locality sharing stress factor which requires that the governing locality match all costs at 27% of whatever the expenses are. 1 Supervisor Claud moved the Board approve $3,260 from the Contingency Fund to the Sheriffs budget for the purchase of the needed hardware and software. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor (4-0); none voting against. Resolution to Approve the Submission of a Grant Application and to Authorize and Appropriate $3,742 in Grant Funds From the Virginia Department of Criminal Justice Services. Supervisor Cofer moved the Board adopt the following resolution: RESOLU`T'ION TO APPROVE THE SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE THREE THOUSAND SEVEN HUNDRED FORTY TWO DOLLARS IN GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF .CRIMINAL JUSTICE SERVICES i i WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia. has authorized the submittal of an application for grant funds from the Virginia Department of Criminal Justice Services; and, WHEREAS; funds in the .amount of three thousand seven hundred forty-two dollars ($3,742) need to be appropriated to the appropriate line item in the 1998-99 budget of the County of .Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that three thousand seven hundred forty-two dollars ($3,742) or so much as shall be received from the Virginia Department of Criminal Justice Services. be appropriated to the appropriate line item in the 1998-99 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate- accounting adjustments in the budget and to do all things necessary to give this resolution effect. 1 The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor (4-0); none voting against. County Administrator Casket' informed the Board that. the Hampton Roads Economic .Development Alliance has .scheduled its annual board luncheon at 12:00 p.m. on February 3, 1999 in Norfolk. Mr. Casket' tl 13 r a~~K 18 r~~~.304 requested any 'interested Board member to advise his staff so that appropriate travel arrangements could be made. Ii Chairman Spady called for Old Business. Following an inquiry from Supervisor Claud, .County Attorney Crook reported to the Board that to his knowledge VDOT permits for biking events are only required for races. The event sponsored by Bike Virginia is not a race and do~s,not require a permit because the cyclists are not supposed to violate any traffic laws, stated County. Attorney Crook. Supervisor Spady moved the Board direct. the County Attorney to contact the Sheriff and request his assistance in assuring that the cyclists abide by appropriate traffic laws. The motion was adopted as follows: Cofer, Bradby, Claud and Spady voting in favor of the motion (4-0); none voting against. // Chairman Spady called for New Business. Supervisor Cofer moved the Board direct staff, in conjunction with the Planning Commission, to review the minimum lot size served by water and sewer and that it be increased to° a minimum of 15,000 square feet. The motion was adopted as follows: Cofer, Bradby, Claud and Spady voting in favor of the motion (4-0); none voting against. /1 Chairman Spady called for Appointments. Supervisor Bradby moved the Board appoint Lawson Carr, representing the Hardy District, to the Beautification Committee. The motion was adopted unanimously (4-0). Supervisor Claud moved the Board reappoint Ronald W. Garrett as the Citizen Representative on the Transportation .Safety Committee. Mr. Garrett's term will expire in December of 2002. The motion was adopted unanimously (5-0). // Chairman Spady called for the County Attorney's report. County Attorney Crook informed the Board that his .office has prepared a renewal to the lease with Social Services which contains a fixed 1 1 14 BOOK 18 ~~::~.~US rental of $12,235 annually until the year 2016 ($2,500 for the year 2016). He noted that he requested the Director of Social Services be present to answer questions of the Board regarding the proposed lease, but was advised that she is out of town and unavailable for this meeting. 1 Mr. Robertson informed the Board that there is current legislation at the State level that may increase the level of compensation to localities for rental to Social Services agencies .and he .would forward information concerning this to the Board for their reference. On motion of Chairman Spady, unanimously adopted, the Board tabled consideration of the matter until a later time when the Director of Social Services could be present and when Mr. Robertson is able to obtain additional information on the level of available compensation to localities. Related to the Windsor sewer project, County Attorney Crook presented the Norfolk and Western Railway Company/Isle of Wight County. Sewer Line Agreement for the Board's consideration for lines that go under the railroad tracks. County Attorney Crook stated certain .language in the Agreement has. been modified and he is recommending the Board approve the form of the Agreement and authorize the Chairman to sign on behalf of the County so that it can be forwarded to Norfolk and Western Railway Company for its approval. II Supervisor Claud moved the Board approve the Norfolk and Western Railway Company/Isle of Wight .County Sewer Line Agreement and authorize the Chairman to sign it on behalf of the County. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. // County Attorney Crook requested an executive session under Section 2.1-344 A3 of the Freedom of Information Act for advice of counsel and staff concerning acquisition and/or use of property for .public purposes; under Section 2.1-344 A7 concerning advice of counsel on the legal aspects of intergovernmental negotiations; and, Section 2.1-344 Al concerning a personnel matter. L, County Administrator Caskey requested an executive session under Section 2.1-344 A 1 concerning a personnel matter and under Section 2.1- 344 A3 for advice of counsel and staff concerning a matter of acquisition of property for public use. Supervisor -Claud moved the Board enter. executive session for the reasons stated. The motion was adopted unanimously (4-0). Supervisor Claud moved the Board adopt the following resolution: 15 B~QK 10 ~dt:'~~U6 CERTIFICATION OF EXECUTIVE MEETING ' VVFIEREAS, 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, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's lrnowledge, (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: Cofer, Bradby, Spady and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Supervisor. Cofer moved the Board approve the regrade for an Administrative Assistant position retroactive to January. 1, 1999. The .motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Supervisor Cofer moved that the Chairman appoint a Board of Supervisors' subcommittee to meet with the School Board's subcommittee to study and coordinate joint design and use of facilities. for education and community services. The motion was adopted. as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. Chairman Spady moved the Board appoint Supervisors Cofer and Claud to coordinate with the School Board on the committee for mutual facilities for use by school and recreation. The motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0); none voting against. 1 i 16 .•. ~a~~~ 1~ ~~~~:3a7 1 1 1 Chairman Spady noted he would bring up the matter of the Board's standing committees' appointments at the Board's February 4, 1999 meeting for discussion. // Supervisor gofer moved the Board adjourn at 9:20 p.m. The motion was adopted unanimously (4-0). ~>s A. Sp hairm