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05-18-2000 Regular Meeting~~~.~ 1~ ,:-~10 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISOF S HELD THE EIGHTEEN DAY OF MAY IN THE YEAR TWO THOUSAND PRESENT: Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice-Chairman Robert C. Claud, Sr. Stan D. Clark Richard K. MacManus Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator. Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradshaw called the meeting to order at 6:00 p.m. The invocation was delivered. by Supervisor Clark. The Pledge of Allegiance was conducted. // Chairman. Bradshaw called for Special Presentations. Supervisor Claud moved the Board adopt a Resolution to Recognize the Windsor Athletic Association, as follows: RESOLUTION TO RECOGNIZE THE WINDSOR. ATHLETIC ASSOCIATION WHEREAS, the Windsor .Athletic Association is an active organization dedicated to the development of youth in Isle of Wight County; and, WHEREAS, the Windsor Athletic Association recently completed the development and construction of the Windsor Youth Athletic Complex; and, WHEREAS, the Windsor Youth Athletic Complex, containing five (5) baseball/softball fields with the. attendant amenities, is the result of countless hours of hard work by the. Windsor Athletic Association; and, WHEREAS, the efforts of the Windsor Athletic Association will. provide recreational opportunities for families in Isle of Wight County for many years to come; and,. 1 1 1 ?~~r ~_~~ ~~~11 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to recognize the Windsor Athletic Association for its efforts. 1 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 Windsor Athletic Association for its dedication to youth .athletics as exemplified in the completion of the Windsor Youth Athletic Complex. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion, // Chairman Bradshaw indicated the following Consent Agenda included Items I, A through D, and asked if there were any items for removal: 1 A. Resolution to Accept and Appropriate $25,000 From the Commonwealth for the Flood Reclamation Housing Project Planning Grant. B. Resolution to Accept and Appropriate $585,247 From the Federal Government for School Programs C. Delinquent Real Estate Tax Collection Monthly Report D. April 2~, 2000 Regular Meeting Minutes Supervisor Bradby moved the Board adopt all items of the Consent Agenda. The motion was adopted with Supers°isors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors. voting against the motion. // Chairman Bradsha~~~ called for Transportation Matters. 1 Jonathan W. Hartley, Director of Planning-and .Zoning, noted receipt of a letter from the VDOT Resident Engineer dated May 9, 2000 regarding .Longview Drive (Route 602). 1-Ie advised that VUO"I' had performed a traffic engineering investigation to determine the. need for adjustment of the existing unposted 55 mph speed zone and responded that based on the 85% speed recorded, VDOT does not recommend the speed zone on this roadway be reduced at this time. He noted that VI~U"I' has advised that it will be installing a sign advising. motorists of a 35 mph curve. 2 aot~~ ~~ .:~12 Supervisor MacManus requested the Director of Planning and Zoning to forward copies of the correspondence from the VDOT Resident Engineer to any citizen who has expressed a concern in this regard. Mr. Hartley noted receipt of a letter from the VDOT Resident Engineer .dated April 26, 2000 regarding Raynor Road (Route 681) and advising that the road has been repaired. Supervisor MacManus requested the Director of Planning and Zoning to forward copies of the correspondence from the VDOT Resident Engineer to any citizen who has expressed a concern in this regard. Supervisor Bradby inquired as to the status of the installation of reduced speed limit signs on Whispering Pines Trail. Mr. Hartley advised Supervisor Bradby that. VDOT has completed its speed. study which called for a reduced speed limit along this roadway and that he would contact VDOT to determine when the signs. would be installed. Pat Clark of Twin Hill Lane, representing the Isle of Wight Citizens Association, requested the installation of a stop light at the intersection of Route 258 and New Towne Haven Lane. Chairman Bradshaw suggested Mr. Clark make a formal request in writing :from the Isle of .Wight Citizens Association and submit it to the Director of Planning and Zoning for his submittal to VDOT. Supervisor Clark moved the Board accept the formal request from the Isle of Wight Citizens Association and direct staff to contact the Resident Engineer to determine if such a light can be installed at the intersection. of Route 258 and New Towne Haven Lane. 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. Michael Uzzell reiterated his request for school bus stop ahead caution signs at various locations throughout the County. Chairman Bradshaw moved the Board direct the Director of Planning and Zoning meet with Mr. Uzzell and determine if there are specific areas of concern with .regard to school bus stop signs and Mr. Hartley is to forward these concerns on to VDOT. 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. l/ Chairman Bradshaw called for Citizens Comments. 1 1 i 3 ~~~-~~ 1~ -. ~.-~:~3 Sharon Springfield, resident of Ashby Subdivision, .spoke in opposition to the application submitted to the Department of Planning and Zoning for multi-family housing units and strip shopping center along Raute 17 (Carrollton Cove). She expressed concerns with damaging impacts to the existing Ashby Subdivision residences; compression of residents into a small area; undesirable activities that will spill over into Ashby Subdivision; inadequate buffers between the proposed development, as well as Ashby Subdivision; inadequate proffers; and, only one (1) entrance which would create a dangerous intersection. Bill Cook, resident of Ashby Subdivision, spoke in opposition to the Carrollton Cove application. He requested the Board keep a close eye on the application and noted a concern with high density. Frank Taylor, resident. of Ashby Subdivision, spoke in opposition to the Carrollton Cove application. He cited concerns with the change in the rural character of the existing area; the presence of an existing strip commercial area located across the strut; the need for additional schools to support the families living in the apartments; and, the absence of a recreational area. Mr. Hartley advised that this applicatiail ~~~as received in his office last week and his staff had issued the signs ~vllich are required to be posted. He noted the matter is scheduled for public hearing by the Planning Commission at its meeting on June 13, 2000 and he invitedpersonsunable to attend the public hearing to submit to his office in ~~Titing their comments. He advised the front portion of the property is currently zoned commercial and the rear portion is zoned for single family residential. Supervisor Clark requested tiir. Hartley bring any new developments on the matter to the Baard's attention as soon as received. I-Ie further requested that Mr. Hartley revie«• the 1998 rezoning for this property as he was under the impression that the developer had given up the .commercial zoning. Chairman Bradsha.~R• requested that all .information provided to the Planning Commission alto b capi~d to the Board. Grp? Bl-~z.~v s~br;;i?.ed to t}:e Board architectural plans of a residence he praY~~s;,:d to bild c, j Trump To~.:~n Road and advised the Board of a rec-rit Yo~~~r hti lwd e~.st:rient;ed with the Departmc;nt of Inspections r~~g,=.^:-'g ~~:- Cr~.:rY• ~s r~gir~n:;-rrt fbr stamped and c~:rtifi~;d house plans. ~: ,,r :-•~ :. ~: t 4. ~,-r r~_ - _ ~,.,i ty:j~; C`c,!.~nty Attarncy i =u d scuss this matter .s,~ ,~,~'~ marts ~„~ >~ t; thy: time sc,quence of ~, ~ ~ , i . ~ ~~ ; ~ - . ~> ~ - ~ t;~...v,~.a~ ~ •r;,~+~;tY~ :r ~,r n~~t then; was delay to -.~ ~ , ~,, s 8~~~ 1~ ~r.~?14 Jeff Schumaker, YMCA representative,. urged the Board to support the earlier proposal of the YMCA to expand its existing. facility located at the Smithfield. Branch of the Isle of Wight County Library. Norma Holloway, senior citizen member of the YMCA, .spoke in support of a pool at the facility Jill McCurry spoke in support .noting the benefits of swim competitions, swimming pool and children's programs Bill Savino spoke in support noting the YMCA offers programs. that benefit the entire community Nicky Savino spoke in support noting the YMCA provides recreational benefits for all residents; .provides social exposure;. and, rehabilitation aspects. Herb DeGroft, representing the Isle of Wight Substance Abuse Advisory Council, addressed the Board regarding his support of four (4) additional deputies in the Sheriff s Department. // Chairman Bradshaw .called for the Community Development report. Mr. Hartley presented the Planning Commission's proposed Capital Improvements. Program (CIP) for FY2001-2005. Mr. Hartley requested the Board schedule its public hearing for June 15, 2000. Supervisor Claud moved the Board acknowledge .receipt of the recommended CIP from the Planning Commission and set the .Board's. public hearing far June 15, 2000. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw requested the Director of Planning and Zoning express. to the Planning Commission and staff the Board's appreciation. for their work on the CIP. Mr. Hartley distributed an update from the Virginia Municipal League (VML) dated May 12, 2000 referencing building code changes proposed for adoption by the Board of Housing and Community Development that would undermine local government authority and threaten .the practice of :coordinating .building code permits and zoning permits. He noted the Board of Housing and Community Development would be meeting on May 22, 2000 in Richmond to consider this proposal which may result in a rewriting 1 5 ~,~~ ~~ .,,.:~15 of portions of the Virginia Uniform Statewide Building Code and he encouraged Board of Supervisors' members to take a position of concern. Arthur E. Berkley, Superintendent of Inspections, briefed .the Board on the history of the issue. Supervisor Claud moved the Board authorize staff to attend the meeting of the Board of Housing and .Community Development scheduled for May 22, 2000 in Richmond and express the Board's concerns with the proposed changes. Supervisor MacManus further requested staff to report back to the Board to determine if there is any action. the Board of Supervisors should take regarding the process. The motion .was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Regarding the Flood Reclamation CDBG Planning Grant project, Mr. Hartley stated staff has negotiated a contract with K. W. Poore & Associates. He noted the bids came back at $33,000 and the anticipated grant funds are $25,000 and he would encourage the Board to authorize the County Administrator to execute the contact and appropriate $8,000 from the contingency fund. Supervisor Bradby moved the Board authorize .the County Administrator to execute the contract and appropriate $8,000 from the contingency fund. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // At 7:00 p.m., Supervisor MacManus moved the Board amend the regular order of the agenda to conduct the public hearings.. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for a public hearing on the following: A. 2000-2001 Isle of Wight County Operating Budget Anne F. Sev`rard, Director of Budget and Finance, stated the. Budget has been properly advertised for public hearing in the amount of $54,600,727 with the current tax rates remaining unchanged except for the reduction from $.91 to $.50 for the Farrn .Machinery Tax and the implementation of a cellular telephone tax in the amount of 10% of the monthly gross charge to the consumers not to exceed $3.00 per month. 6 ~~~~ 19.:;.216 Chairman Bradshaw called for persons to speak in favor of ar in opposition of the Budget. Michael Hellman, representing the Smithfield Ramp of Dreams, presented a petition containing 1,000 signatures in support of a skateboard facility. Grace .Keen, Chairperson of the Isle of Wight .Beautification Committee, addressed the Board concerning the proposed Beautification budget. She requested an additional $13,200 to continue beautification efforts in the County. She specifically requested $1,500 for beautification efforts at Bartlett's corner; $1,000 for a box planting at Benns Church triangle; $350 for the purchase of flowers to go around the .four (4) small entrance signs to the County; and $ l ,200 for beautification efforts into the Towne of Windsor and Carrsville areas. She presented a proposal for a dedication for the World War II veterans to be located at the James River Bridge. containing a cement foundation with three (3) flag. poles and appropriate lighting for an approximate cost of $7,700. Bill Harrell., Director of the Court Services Unit for Juveniles and. Domestic Relations Court, requested $2,500 be included in the .Budget to provide a custom designed workstation. for the Secretary. Thomas Fnderson requested up to $4,2.00 for 50 to 60 cots for the shelters at Windsor and Smithfield High Schools. Dr. James Key, Pastor of Little Zion Baptist .Church, and Reverend Terrell, Executive Director of IN-AGAPE Family Life, requested the Board appropriate $10,000 to pilot a "Stay Up While You Are Out" Program at two (2) locations in the County. Robin. Land expressed her support of the "Stay Up While You Are Out" Program. Rosa Turner expressed her support of the "Stay Up While You Are Out" Program. Julia Brooks expressed her support of the "Stay Up While You Are Out" Program. Sheriff Phelps addressed the Board concerning his proposed budget. He requested- five (5) additional deputy positions, two (2) additional dispatchers and one (1) office. clerk. He further requested additional funds for pagers for his law enforcement personnel in his equipment line item.. Chairman Bradshaw closed the public hearing and called for comments from the Board. 1 1 7 ~o~t. 1~~ -:. ?17 Supervisor Claud moved the Board set June 15, 2000 for approval of the Budget and that a work session be scheduled for the conclusion of the June 1, 2000 regular Board meeting to discuss the proposed Operating Budget, the Capital. Improvements Plan and the Capital Budget. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw moved the Board direct staff to inquire of the School Board's recommendation prior to the budget .work session on Dr. James Key's proposal for the "Stay Up While You Are Out" Program at two (2) locations in the County.. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: B. An Ordinance to Amend the Isle of Wight County .Zoning Ordinance to Add the U.S. Army Corps of Engineers Flood Study of the Blackwater River Dated February 2000 Under Part 3 -Flood Plain Management (FFM) District Section 4301(a)(1) Mr. Hartley briefed the Board on the study conducted by the Corps of Engineers -which established new elevations that the 100 year flood plain encompasses. He advised the Planning Commission held its public hearing on the matter at its meeting on April 1 1, 2000 and recommended the Board adopt the Ordinance by unanimous vote, Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed ordinance. Upon no one .appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board table consideration until the Board's June 1 S, 2000 meeting and request staff. to provide information regarding the location and number of existing structures impacted by the new boundary. .The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: C. A Public Hearing to Receive Comments From Citizens on the Addition of Three (3) Private Roads. into the State System of Secondary Roads. Addition to the Secondary System. will Convert the Maintenance and Improvement of These Roads to the Virginia Department of Transportation. These roads are: 8 ?18 Yellow Rock Lane and Hideaway Lane Gayle Way Chairman Bradshaw called for persons to speak in favor of or in opposition to the public hearing. Jody Easter of Hideaway Lane presented a deed dated 1996 where Mr. Keusal sold land owned by him. to R. L. Magette. Edmond Easter of Hideaway Lane expressed concern with. the lack of improvement to Yellow Rock Lane. Scotty Johnson requested the Board take appropriate action to take Yellow Rock. Lane and Hideaway Lane into the State's system. Linda Butler Johnson spoke on behalf of the County taking Yellow Rock Lane into the State's system. Barbara Johnson requested the Board take appropriate action to pave Yellow Rock Lane and Hideaway Lane. Thomas Finderson distributed information to the Board regarding the history of Yellow Rock Lane.. He advised that if there is a significant historical property at the end of a road then the State will give that road a ..priority and build it at State cost. He stated he is close to conclusively proving that Colonel Parker's gravesite is located at the end of that road. Dave. Sanders of Hideaway Lane expressed concern with 911 issues, such as the inability of fire and police to respond to an emergency situation due to the condition of the roadway. Rowland Reynolds of Macklesfield expressed concern with the deplorable condition of the roadway. Carl Hill requested the Board's assistance with improving the condition of Yellow Rock Lane. Chairman Bradshaw called for citizens to speak regarding Gayle Way. Jerry. Naber of Gayle Way presented the Board with photos of the appearance of that roadway and its past history. Donald Hassell of Gayle. Way expressed concern with dust, damage to his car resulting from ruts and bumps in the roadway and the inability of school buses to come down the road. He requested the road be taken into the State system. 1 f 9 Jim. Persolo of Gayle Way noted that deliveries could not be made to his home as a result. of the condition of the roadway and requested the Board take appropriate action to have the road taken into .the State system. Robert Williams of Brewer's Farm Lane requested the Board take appropriate action to take Gayle Way into the State system due to the inadequate condition of the roadway.. Pat Clark of Twin Hill Lane supported tl~e Board taking appropriate action to have Gayle Way taken into the State system. l-Ie noted. concern with the inability of emergency vehicles to travel the roadway. Keith Barrett of Gayle Way expressed concern with the condition of Gayle Way. He requested Gayle Way be paved in its entirety. Dan Stag. of Gayle Way offered to provide a drainage easement if VDOT would take the roadway into the State system. Bruce Spady noted his support of VDOT taking Gayle Way into the State system. Chairman Bradshaw closed the public hearing and called for .comments from the Board. Regarding the issue of speculative interest, County Attorney Crook requested additional time to research the matter and make a report. to the Board. Supervisor Claud requested that staff review, in consultation with -the County Attorney, any land that is not farmland that could fall into speculative interest if it is not developed and if takes zoning for that to be developed, is there some way that the County can require some kind of payment at that time for the road improvements. Supervisor Clark moved the Board direct the County Attorney to review the definition of speculative interest for Yellow Rock Lane- and Hideaway Lane and make a recommendation to the Board at its June 1, 2000 meeting and research the title to Yellow Rock Road and Hideaway Lane as soon as possible. The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor Clark moved the Board direct. the .County Attorney to perform speculative interest research on the feasibility of implementing a ten (l0) year time limit to allow for -the phase out of speculative interest. The County Attorney is to also review the property value on Yellow Rock Lane. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, 10 .Clark and Claud voting in favor of the motion (S-0) and no ,Supervisors voting against the motion. Supervisor Clark moved the Board direct staff to research and report back to the Board on the number of undeveloped lots remaining. in the Macklesfield development. The cul-de-sac issue should be addressed and the Board .provided with .copies of the plat. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: D. The application. of the C. M. Little Estate for a change in zoning classification from Rural Agricultural Conservation to Conditional Rural Residential approximately Z.S acres of land located on the west side of Pons Road (Route 62S) south of Mullet Drive (Route 684) and north of Mill Swamp Road (Route 621) in Hardy Magisterial .District. The purpose of the application is to create a lot around an existing single-family residence. Chairman Bradshaw called. for citizens to speak in favor of or in opposition to the application. .Steve Little of Mill Swamp Road requested the Board approve the application to allow him to pay off certain debts. Chairman Bradshaw closed the public hearing .and called for comments from the Board. Supervisor Bradby moved the. Board approve the application of the C. M. Little Estate.. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in ,favor of the motion (S-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: E. The application of Alice F. Owney, Elsie Stanley and Evelyn Bryant for a change in zoning classification from RAC to Rural Residential, approximately 4.8 acres of land locatedoffthe south side of Mill Swamp Road (Route 626) east of Sullivan's Court and across from Crook Lane in Hardy Magisterial District. The ..purpose of the application is .for asingle-family residential lot. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the application. ~(~t~: ~ ~~ ~C.~ Elsie K. Stanley of Mill Swamp Road requested the Board approve the application to allow them to sell the property in order to pay the nursing bills to allow her stepmother to remain in her father's home. 1 Chairman Bradshaw .closed the public hearing and called for comments from the Board, Supervisor Bradby moved the Board approve the application of Alice F. Owney, Elsie Stanley and Evelyn Bryant. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: F. .The application of Alice F. Owney, Elsie Stanley and Evelyn Bryant for a change in zoning classification from RAC to Rural Residential approximately 3.6~ acres of land. located on the south side of Mill Swamp Road (Route 626) between Holly Drive. and Crook Lane in Hardy Magisterial .District. The purpose of the application is for asingle-family residential lot. Chairman Bradshaw called for citizens to speak in favor. of or in opposition to-the application. Elsie K. Stanley requested the Board approve the application so that. certain debts could be repaid to the bank. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw noted that the County has an annexation agreement with the To~~~n of Smithfield that stipulates any property located within a mile radius of the Town of Smithfield would require the Town's review. He suggested tabling the application until the Town has the opportunity to review it. Supervisor. MacManus moved the Board forward the application of Alice. F. Owney, Elsie Stanley and Evelyn Br}~ant to the Town of Smithfield for its comments. 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. 1 Chairman Bradshaw called for a public hearing on the following: G. The application of Crown Communications far a Conditional Use Permit to construct a self supporting tower l46 feet in height and install an equipment pad and shelter at the base of the tower. The property is located on the south side of Carrsville 12 goon 19 ..:::~Z2 Highway (Route 58) between Jenkins Mill Road (Route 615) and Community House Drive (Route 1702) in Windsor Magisterial District. Chairman .Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Glenn Hampton, Attorney with McGuire,. Woods, .Battle & Booth, reviewed the application with the Board and requested it be approved. Supervisor MacManus questioned if the applicants had committed to .the five (5) stipulations provided by the County Attorney. County Attorney Crook stated the ,applicant has committed to all stipulations .with the exception of #2, the removal of all tower fence footers, underground cables and support buildings. He stated they have committed to-the removal to a minimum depth of three (3) feet. Chairman Bradshaw closed the public hearing and called for comments from the Board. :Supervisor Claud moved the Board approve-the application of Crown Communications -withremoval of the structures to a minimum depth of three (3) feet. The motion- was adopted with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: H. HOME Investment ..Partnership Grant Program Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, stated the County is required to hold a public hearing as the County is anticipating receiving its next allotment of funding. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the Program.. Upon no one. appearing, Chairman Bradshaw closed the public hearing and called for comments .from the Board. Mr. Robertson noted the Board hadfulfilled its requirement to hold a public hearing on the matter and no further action is required by the Board. He requested the Board advise staff if it has any specific projects it would like staffto look at with regard to these funds. // 13 `~ `'3 Supervisor Claud moved the Board .return to the regular order of the agenda and that David Hardy be allowed to speak. at this time. The motion was adopted unanimously (5-0). 1 // Chairman Bradshaw called for the County Administrator's report. David Hardy, resident of the Hardy. District, addressed the Board. concerning Bethel Church Lane, specifically .the speeding of motorists along this. roadway. Supervisor Claud moved the Board direct stat~t' to refer Mr. Hardy's concerns to the VDOT Resident Engineer and that the Sheriff's Department be requested to monitor traffic responsive to motorists speeding down this roadway and running the stop sign. The motion `vas 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 Administrator Caskey presented a resolution for funding for the County's Office on Youth for the Board's consideration. Supervisor Clark moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE SUBti1ISS10N OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF JUVENILE JUSTICE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is approving the de~relopment and submission of an application for a Delinquency Prevention and Youth Development .Act grant to the Commonwealth of Virginia Department of Juvenile Justice Services; and, WHEREAS, funds in the amount of riventy five thousand dollars ($25,000) or as much as shall be received from the Commonwealth of Virginia Department of Juvenile Justice Services need to be appropriated. to the appropriate line item in the 2000-2001 budget of the County of Isle of Wight. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Baird of Supervisors of the County of Isle of Wight, Virginia that funds in the amount of twenty five thousand dollars ($25,000) or as much as shall be received from the Commonwealth of Virginia Department of Juvenile Justice Services be appropriated to the appropriate .line item in the 2000- 2001 budget of the County of Isle of Wight. 14 Beer, ~~ ~;:~?~4 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 for this grant and to do all things necessary to give this resolution effect. 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 Administrator Caskey presented the FY2001 Virginia Juvenile Community Crime Control Act which requires County authorization that the Board accept the Plan and intend to contribute and participate in the Plan process. Supervisor Claud moved the Board adopt the VJCCCA Plan and authorize the County Administrator to sign the VJCCCA Certification.. 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. In absence of the Director of Emergency Management, the County .Administrator informed the Board that the Director had no new developments to report at this time. .County Administrator Caskey requested the Board appropriate funding in an amount not to exceed $2,500 from the contingency fund for the County's annual employee picnic to be held on Saturday, June 3, 2000. .Supervisor Clark moved the Board appropriate funding in an amount not to exceed $2,500 from the contingency fund balance for the County employee picnic. 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 Administrator Caskey distributed a copy of a letter from the Windsor Town Mayor addressed to the Board in care of Supervisor. Claud. relating to the issues of the completion of the Windsor sewer project. Supervisor Claud moved the Board direct the .Director of Public Utilities, the. County Administrator and himself to meet with the Windsor Town Manager and Mayor to discuss the issues related to the sewer,project. 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 Administrator Caskey distributed a letter received by fax in his office this .date from Attorney. Fred Quayle regarding the. issue of the Red .Oaks Mobile Home .Park water system. 1 L~ 15 ~~,~,~ l~~ .;.;~?Z5 County Attorney Crook notified the Board of ongoing discussions with Attorney Fred Quayle which may result in alternatives being submitted for the. Board's consideration. County Administrator Caskey notified the Board of a Memorial Day service being held in Virginia Beach ...should any Board member have an interest in attending. County Administrator Caskey invited the Board members to attend an informal reception for visitors from the Isle of Wight, England tomorrow (Friday) in the Board Room at 3:00 p.m. Patrick J. Small, Director of Economic Development, formally introduced Brook Hardin, new employee within the Economic Development Department, to the Board. // Chairman Bradshaw called for Old Business. Supervisor MacManus inquired about the status of the paving efforts undertaken by the County in the Town of Windsor. Supervisor Claud noted. the matter would be discussed during the meeting with Windsor officials regarding the Windsor sewer project. Regarding disclosure issues, Supervisor MacManus moved the Board reference and utilize the text dealing with disclosure and conflict of interest within Senate Bill 655. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor. of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus stated Charter Communications indicated that the rates for the County would be increased in June and the County Attorney advised that if the location where Charter Communications is headquartered (Suffolk) has lower rates than the County, then Charter Communications could not raise its rates. He noted an article appeared in The Virginian Pilot which noted Suffolk's. rates are $24.91 for 35 channels and Charter Communications was suggesting a rate in the County of $28.96 which presents a conflict in the number of channels and price. Supervisor MacManus moved. the Board direct the County Attorney to follow-up with Charter Communications to ensure that citizens are being fairly charged as part of its overall rate structure. 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. 16 ~~~~~ 1~ .;::-226 i~ Chairman Bradshaw called for New Business. Supervisor MacManus stated the Planning Commission recently experienced two (2) meetings in which there was a difficulty in establishing a quorum and these meetings have traditionally been held at 2:00 p.m. during the .day. He suggested that these meetings be held at 6:00 p.m. at night because most. of the members are having difficulty in meeting at 2:00 p.m. due: to their occupations and he also does not believe a 2:00 p.m. meeting is conducive to the citizens of the County for involvement in the Planning Commission process. Supervisor MacManus moved the Board direct the Director of Planning and Zoning to discuss with the Planning Commission members the possibility of moving the Planning Commission meetings to evening hours. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus noted there was a recent ruling by the Supreme Court on clear cutting in York County and ways to handle that. Regarding a recent ruling by the Supreme Court on clear .cutting in York County, Supervisor MacManus moved the Board direct staff to forward the issues to the Planning Commission for its consideration and recommendation on how the County can_ follow suit on clear cutting of property after review of .issues York County had in the Supreme Court ruling. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no Supervi ors voting against the motion. .County Administrator Caskey acknowledged a National Safe Boating Week Proclamation for the Board's consideration which he recommends the Board adopt a motion .affirming the Chairman's. signature on that .Proclamation. Supervisor Clark moved the Board affirm the Chairman's signature on the Proclamation. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw .called for Appointments. 17 Chairman Bradshaw moved the Board accept the resignation of Mac Cofer from the SPSA Board, effective August 1, 2000. :The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board appoint Judy Begland, replacing Phyllis B. Bloxom, on the Planning Commission. The motion was adopted unanimously (5-0). Supervisor MacManus moved the Board appoint Bridgett Fields to the Events Committee. The motion was adopted unanimously (5-0), Supervisor MacManus moved the Board reappoint James W. Hall to the Paul D. Camp Community College Board. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board reappoint Joyce Neighbours to the Walter Cecil Rawls Regional Library Board of .Trustees. The motion was adopted unanimously (5-0). Supervisor Clark moved the Board reappoint Roland Lewis to the Transportation Safety Committee. The motion was adopted unanimously (5- 0). // Chairman Bradshaw called for the County Attorney's report. County Attorney .Crook distributed a copy of an amendment to the County's Sewer Ordinance to follow the Water Ordinance and requested the Board authorize him to advertise it for public hearing by the. Board. Supervisor MacManus moved the Board authorize the County Attorney to advertise the proposed Ordinance for public hearing. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. County Attorney Crook presented a Resolution far Waiver of New Account Fees for. Windsor Manor Mobile Home Park for. the Board's consideration. He stated the owner is proposing to collect the applications and deposits for payment to the County at one (1) time and, in return, the County is granting the owner a waiver of the new account fee of $20 per unit. Supervisor Claud requested that the resolution be redrafted to include reference to the agreement between the County and the Town of Windsor regarding its time of payment of the fees. 18 County Attorney Crook requested the Board authorize him to purchase the binders for the County Code Books in the amount. of $1,290. Supervisor MacManus moved the. Board authorize the County Attorney to purchase the binders for the Code in the amount of $1,290 from the. contingency funds. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the motion (5-0) .and no Supervisors voting against the motion. County Attorney Crook advised the Board. that there would be no revenues provided by the proposed cellular telephone tax for four_(4) months. afl`er the Board approves the Tax Levy Ordinance under the State statute. County Attorney Crook presented a request by the Tidewater Soaring Society for a lease of the dumpster site at the airfield in Orbit.. Supervisor Claud moved the Board direct the County Attorney to prepare a lease for the Board's consideration for -the dumpster site at the airfield in Orbit. 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 notified the Board that he has prepared the landfill road agreement and forwarded it to the Director of Public Utilities. ri County Attorney Crook requested a closed session under Section 2.1- 344 A7 of the Freedom. of Information Act concerning two (2) matters pertaining to actual and/or potential litigation and under Section 2.1-344 A3 concerning a matter of contract .negotiations requiring advice of counsel. County Administrator Caskey requested a closed session under Section 2, l -344 A 1 of the Freedom of Information Act concerning a personnel matter. Mr. Small requested a closed session under Section 2.1-344 AS of the Freedom. of Information Act .concerning four (4) matters involving negotiations for prospective industry siting or expansion. Supervisor Claud moved the Board enter closed session for the reasons stated.... 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 Claud moved the Board adopt the. following resolution: 19 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, n WHEREAS, 2.1-344.IA of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted- in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: (MacManus, Bradby, Bradshaw, Clark and Claud) NAYS: 0 ABSENT DURING VOTE: 0 ABSENT .DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus moved the Board approve the contract with Mosely and McClintock on the spatial needs assessment in the amount of $54,500. 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. 1 Supervisor MacManus moved the Board autharize the Caunty Attorney and County Administrator to review and submit an application to the Governor's Opportunity Fund for Project Grubb and Ellis, upon approval by the County Attorney. The motion was adopted .with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud voting in favar of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus moved the Board authorize the County. Attorney and County Administrator to review and submit an application to the Governor's Opportunity Fund for the prospect considering the Norfolk 20 ~~~,, 19.;:::-230 Southern property near Windsor, upon approval by the County Attorney. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus movedthe Board. approve the access road, for the prospect considering the Norfolk Southern property near Windsor. ,The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud .voting in favor of the motion (5-0) and no Supervisors voting. against the motion, Supervisor MacManus moved the Board approve the access rail for the prospect considering the Norfolk Southern property near .Windsor. The motion. was .adopted with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Supervisor Bradby moved .the Board adjourn. The motion was adopted. unanimously (S-0). Ph' A. Bradshaw, Chairman W. Dou s skey, Cler 21