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08-17-2000 Regular Meetingn. i e~~~ ~19 .~:~`365 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF AUGUST 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 Casket', County Administrator Donald T. Robertson, Assistant County Administrator/Director of ' 'i 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 Claud. The Pledge of Allegiance was conducted // Chairman Bradshaw called for Special Presentations. Debra Weir, Operations Supervisor, Department of Parks and Recreation, presented to the Board the following winners of the. First Annual Miss Isle of Wight County Fair Pageant: Wee Miss - Coriann Lister, Little Miss -Taylor Presson, Junior Miss -Ashley Eliedge, Teen- Miss -Laura Beth Askey. and Miss Isle .of Wight County Fair. - Melissa Bangley. She noted the pageant was directed by Rhonda Demsko and Kelly Bowen. Melissa Bangley addressed the Board on the subject of helping the mentally challenged. Laura Beth Askey addressed the Board on seatbelt safety. // Chairman Bradshaw indicated the following. Consent Agenda included Items 2, A through I, and asked if there were any items for removal: A. Resolution to Accept and Appropriate $508,734 From- the State and Federal. Governments for Various. Grant Programs B. Resolution to Appropriate $33,451 From the Unappropriated Fund Balance of the General Fund. for Use as -Match Funds to the 1999-00 VDOT 50-50 Revenue Sharing Transportation Program Bo~K 19.~,:~~fi6 ,, C. Resolution to Appropriate $29,690 From the Unappropriated Fund Balance of the General Fund for Comprehensive Services Act Expenditures D. Reissuance of VPDES Permit to C&P Water Company for Brewer's Creek Water. System E. Mosquito Control F. Fair Housing Resolution, Isle of Wight County, Virginia G. Resolution of the Board of Supervisors~of Isle of Wight County Requesting Addition of Certain Roads in Section 3, 3A and 4 of Gatling Pointe South- Subdivision into the .Secondary System. of the State Highways H. Delinquent Real Estate Tax Collection Monthly Report I. July 20, 2000 Regular Meeting Minutes Supervisor Claud moved the Board adopt all items of the Consent Agenda. 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 Transportation Matters. MacFarland Neblett, Resident Engineer, VDOT, addressed the Board. on the outstanding road projects in the County. Supervisor Claud thanked Mr. Neblett .for his assistance in having Maple Lane in Windsor included in the Community Development Block Grant. Supervisor Clark noted that he has .received numerous calls from residents of the.Newport District requesting a traffic light at Route 258/32 and New Towne Haven Lane (Route 711). Mr. Neblett advised he is in the process of scheduling a meeting with the school administration to further discuss the matter and he would pass Supervisor's Clark request on to the VDOT District Administrator, Supervisor. Clark moved that the Board direct staff to write a letter to the Commonwealth Transportation Board and the VDOT Resident Engineer to restate the County's position on its .request for a traffic light at Route 258/32 and New Towne Haven Lane (Route 711). The letter should indicate 2 T'. Ao^~ 19 ~~-?S? concerns on safety with regard to traffic and staff should defer sending such letter pending the outcome of the upcoming meeting between VDOT and the .School Board. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clarke and' Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. Supervisor Bradby inquired about the status on the striping of Raynor Road. Mr. Neblett advised a tragic count is ~ being .performed and he would forward the results to the Board upon its completion. Grace Keen inquired about the status of the James River Bridge emergency exits, as well as the possibility of VDOT relocating mailboxes on Route 258 to allow residents safer access. Regarding the issue of exits on the James River Bridge, Mr. Hartley advised that he has not yet received a response from the City of Newport News on the request. Regarding the issue of mailboxes, Chairman Bradshaw .requested Mr. Neblett meet with Mrs, Keen to visit the sites where she has concerns. Chairman Bradshaw directed that these two (2) issues be placed on the VDOT monthly project list. Henry Bell addressed the Board on the issue of center striping Raynor Road. Mr. Neblett advised that the roadway does. not meet VDOT's minimum average traffic count for center striping. Jonathan W. Hartley, Director of Planning and Zoning, presented the priority projects for improvements on Route 258 between Smithfield and Franklin. Following ..discussion by the Board, Mr. Hartley summarized the Board's priority as being the .turn lanes at the intersections where the greatest incidence of accidents have occurred: on the Route 258 corridor. Supervisor Claud moved that Mr. Neblett review the accident data on the. intersections. shown on the map provided to the Board and return to the Board's September 7, 2000 meeting with estimated costs for intersection improvements: so that the Board can make a determination of its priorities. 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. Supervisor Claud further moved that $2,000,000 be used towards intersection improvements on Route .258. The motion was .adopted. with 3 Supervisors Ma~Manus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion (5-0) and no Supervisors. voting against the motion. Mr. Hartley advised the County has. received 'an allocation of VDOT Revenue Sharing for Fiscal Year 2000-2001 in the amount of $49b,700. Supervisor Clark moved the Board acknowledge receipt of VDOT's t approval of the Revenue .Sharing allocation and instruct staff to advise VDOT of the County's desire to be billed for projects utilizing revenue sharing 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. Mr. Hartley noted receipt of the following transportation issues: 1.) Letter dated August 7, 2000 from the Resident Engineer advising that striping of Days Point Lane is not recommended. Supervisor Claud requested Mr. Hartley place this item on the Board's agenda and that it be further addressed with the Commonwealth Transportation Board. Chairman Bradshaw requested. Mr. Hartley include this issue on the VDOT monthly project list.. 2.) Letter dated August 1, 2000 from the District Administrator advising of the decision on the Hampton .Roads Third Crossing. // .Chairman Bradshaw called for Citizens Comments. Ed Easter of Hideway Lane thanked the Board for its efforts regarding. this roadway. Sam Ewell of Harbor Ridge addressed the issues of parity on reassessments, the cellular telephone tax and his request that. the tax be reconsidered by the Board. Suzanne Long of Carisbrooke addressed the Board on the need .for mosquito control in that. area. Mike Alexander expressed his support of Mr. Hartley's request for authorization to solicit engineering services for: review of .development proposals -and inspection of site .improvements. He suggested. adding best management- practices to the contract. Betty Ricks of Great .Springs Road addressed the Board concerning mosquito control in her area. py ~ _ 4 f'. /~ Chairman Bradshaw called for the Community Development report. Mr. Hartley addressed the Board concerning the County's compliance with the Chesapeake .Bay Preservation -Act .for the update of the Comprehensive Plan. At 7:00 p.m., Supervisor Bradby moved the Board amend the regular order of the agenda in order to conduct the public hearings.. The motion was adopted unanimously (5-0). . Chairman Bradshaw called for a public hearing on the following: A. FY2000-O1 Capital Budget Public Hearing Anne F. Seward, Director of Budget and Finance, presented the FY2000-2001 Capital Budget as adjusted for certain carryover projects. she noted it also reflects the. first year of the FY2001 /2005 CIP. She stated two (2) projects have been submitted outside of the CIP process. She noted these to be the YMCA request for. $50,000 annually for ten (10) years and the Administrative .Complex .roof replacement in the amount of $70,000. She stated the total CapitalBudget is in the amount of $7,606,771 which has been adjusted to reflect a reduction for the recent appropriationthe Board made to the schools for the P.D. Pruden Center. Chairman Bradshaw called for citizens to speak in favor of or in .opposition to the proposed Capital Budget. Terry Chong spoke in favor of the proposed budget for Parks and Recreation for a skate park. 1 Chairman .Bradshaw closed. the public hearing and called for comments from the Board. County Administrator Caskey stated he has received a request from the Victim Witness Office. concerning utilization of adjoining offices. In this regard,. Mr. Caskey distributed copies of projected cost estimates provided him. by the Superintendent of Building & Grounds to accomplish such work. Supervisor Claud moved the Board adopt .the FY2000-01 Capital Budget with the following .amendments: Under Economic Development, GIS utility system software, delete $100,000 and add $95,000 to the Public Works Building Improvements, for. a total budget of $7,601,771. 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. 5 Chairman Bradshaw called for a public hearing on the following: B. The application of Otis C. Cannon, Jr. for a change in zoning classification from RAC to Conditional Suburban Estate of approximately 3 acres of land. Said property is located off the west sideof Cedar Grove Road (Route. 661) west of Cannon. , Drive on Creer Creek in Newport Magisterial District. The purpose of the application is to rezone an existing lot to sell. for single family residential use, Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Otis G Cannon, Jr. requested a conditional rezoning for the purpose of selling the lot outside of the family. He stated because of the deaths. of his family members he will not be moving back to the Carrollton area. He noted the lot contains certain conditions that should a structure be built it can be elevated no less than ten (10) feet above the average mean sea level and any structure built on this lot must comply with the .Chesapeake Bay Preservation .Area Ordinance. He stated he currently has two (2) individuals interested in purchasing the property that are aware of the conditions imposed on the lot. Chairman Bradshaw closed the public hearing .and called for comments from the Board. Supervisor Clark inquired if the Board could require a 100 foot buffer on this lot. Mr. Hartley advised this lot would be entitled to the reduction in buffer yard .down to 50 feet because it was platted prior to the County's ordinance. He noted the Board could place a condition on the property or that a proffer be agreed to that the lot comply with a 100 foot buffer, but he did not believe .this lot could actually comply with a 100 foot buffer. He stated family transfers are created, but. not always conveyed to family members. He further stated, regarding the RPA and flood plain issues, to not rezone the property would mean the .owner could not convey it outside of the family, but it is a constrained lot, both by floodplain regulations and the Chesapeake Bay Preservation Area Ordinance.. He noted this lot could not be created. by today's standards. Supervisor Claud noted he had visited the site and easements accessing multiple lots cause him some concern. He noted that whoever owns the adjoining lot could elect to purchase the property. Supervisor MacManus stated the Board would not be doing a potential... .buyer due justice if he/she purchased the lot with the intent of building a 6 i r•, house that has to be built ten. (10) feet above the ground level in thin area. due to potential flooding. Supervisor MacManus moved the Board deny the application of Otis C. Cannon, Jr., as recommended by the Planning Commission. 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 application: C. The application of K. George Kantsios to amend conditions of Conditional Light Industrial zoning of 2.715 acres of land. Said property is located at -15221 Carrollton Boulevard, Carrollton, which is on the east side of Carrollton Boulevard in Newport Magisterial District. The amendment will -allow additional business uses as conditioned. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed application. 1 William H. Rddick, III, Attorney representing he applicant,. requested the Kantsios be permitted to have non-retail uses. He stated Mr. Kantsios is not. giving up his light industrial uses, but he is proffering that. these uses will never occur unless he were to go through with his original plans and build a new structure. Attorney Riddick stated Mr. Kantsios is also proffering that within eighteen (18) months he will connect to the new sewer line. Chairman Bradshaw closed the public hearing and called for comments by the Board. Supervisor Clark moved the Board approve the application of K. George Kantsios with amended conditions proffered to address the Planning Commission's concerns as noted in the July 12, 2000 letter by Mr. Kantsios. 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: D. The application of William E. Laine, Jr. and Elliott G. Laine .for a change. in zoning classification from RAC to Rural Residential of approximately 3 acres of land. Said property is located at 18402 Orbit Road, Windsor, on the south side of Orbit Road in Newport Magisterial District. The purpose of the application. is 7 to rezone the existing house site to sell for single family residential use. Chairman Bradshaw called for persons to speak. in favor of or in opposition to the proposed application. William H. Riddick, III, Attorney, stated in the. absence of William. E. Laine, Jr., he would speak on his behalf. He stated this is the family homeplace and both applicants (heirs) intend to .retain the farm, but they have arranged to sell. the home to the County's new extension agent. Chairman Bradshaw closed the public.- .hearing .and called for comments from the Board. Supervisor Claud moved the Board approve the application of William E. Laine, Jr. and Elliott G. Laine, as recommended unanimously by the Planning Commission.. 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: E. Flood Reclamation Community Development Block Grant (CDBG) Planning Grant Project .Chairman .Bradshaw called for persons to speak in favor of or in opposition to the proposed grant. Mr. Hartley stated the grant has been available to anyone interested in obtaining a copy for their perusal. He distributed asign-up sheet as required by the Community Development Block Grant Program. K. W. Poore, K. W. Poore & Associates, stated this. is an urgent needs application based on disaster relief and the maximum amount of funds that can be obtained under this program is $700,000. He stated there is an auxiliary program called the indoor plumbing program that financial assistance is-also being sought and the application should .include a request from the County to the funding agency for approximately $200,000 of indoor plumbing funds. He distributed two. (2) sets of maps to the Board that will be submitted with the application and identify where the housing is located. He stated the proposed budget includes-..participation by the County in three (3) items and the alternate budget reduces this level of participation to a different figure, depending on what the Board desires. He stated approximately $14,000 is earmarked from the. fund to help reduce the County's financial obligation in participating in the FEMA program,. but the remaining $46,000 is an obligation of the County required by FEMA at the local level. He stated included in-the budget is $5,000 to help underwrite the administrative costs associated with carrying the project out over .a two 8 1 (2) year period. He .stated regarding the water .improvements in the Zuni community, this was a low .priority by the Advisory Committee that recognizes that while the system needs to be cleaned and brought back on line, however, any further improvements should be borne by the County. He stated if the County chooses not to participate, a budget has been developed whereby the County's participation amounts to that portion of the FEMA grant with no money in the water system or a position somewhere in- between. He stated a resolution is included in the package which obligates the County for that $3l 1,000 which would require modification should the County elect to reduce that amount. Otto. V~tegman of Walters stated he was a member of the Citizen Advisory Committee working on the grant and he was also affected by the flood.. He stated he supports the recommendations of the Committee and he feels. this is .the best .program for the County as it makes the best use of dollars available to help the citizens. He stated residents of Zuni have expressed that their water in Zuni is good and he does feel that a fair and equitable decision was reached and he recommends the Board favorably consider the matter. 1 Thomas Finderson of .the Newport Election District stated the recommendations of the ..Committee were for housing only and no recommendation was given for the water system. He stated the three (3) priorities included the owner-occupied units, the substantial reconstruction and the housing. He stated he spoke. with several individuals in Zuni who advised that there was nothing wrong with their water. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw inquired from Mr. Hartley if the task force recommended any improvements to the water system. Mr. Hartley stated. the Committee .recommended only .the water improvements in the CDBG column in the budget. He stated if the budget contained in the agenda is $311,0.00 included for the water system, this means that the County, with this grant program, is obligating the County to do that work on the water system. 1 Mr. Poore stated -this is an urgent need application and, in all probability, there is almost automatic funding. He stated both options will get the County funded, but under .the normal competitive application process for these funds, the County would likely not get funded if it cut out the water. . Supervisor MacManus moved the Board approve the alternate- budget with the $24,700. CDBG under the water improvement, exclude the $311,220 under the water improvement and reflect in the grant the funds 9 BOCK ~:, >~::r`3~4 already expended on the Zuni water system since the flood.. 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 Claud moved the .Board adopt the Resolution Authorizing the Preparation and Filing of an Urgent Needs Application for Community Improvement Grant Funds Through the Virginia Small Cities Community Development Block Grant Program. 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 Claud moved the Board continue with the regular order of the agenda. The motion was adopted unanimously (5-0). // Mr. Hartley presented a request for authorization to solicit engineering services for review development proposals and inspection of site improvements. Chairman Bradshaw noted that Grace Keen, on behalf of the Isle of Wight Citizens Association, has submitted a letter requesting additional support in the area of professional services. County Attorney Crook advised that the Zoning .Ordinance will need to be amended to provide that .the applicant/developer will be responsible for paying. for engineering services used by the County in reviewing their applications. Supervisor Clark moved the Board authorize staff to solicit the services of a qualified engineering firm for the functions and, in the interim, until such services are established contractually, staff is authorized to utilize the services of an engineering firm currently under contract with the County on the basis that the .fees will be passed on to the applicant/developer. .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 authorize the County Attorney to prepare the appropriate amendments to the County's ordinance to require applicants. to pay for such engineering services.. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley .presented for the Board's consideration an application of New Jones Grove Baptist Church for an exception to the Chesapeake Bay 10 .: r. 9a~R ~.9 ~~~-~75 Preservation Area Ordinance to allow the construction of a church addition and parking lot in the required fifty foot (50') Resource Protection Area buffer. Supervisor MacManus noted a concern that the dumpster site is located within twenty (20) feet of the wetlands boundary. He inquired if there was a possibility for relocation of the present dumpster site to a more. appropriate location. Bob Surry, Civil Engineer,, stated the dumpster could be relocated to the other side of the parking lot to minimize any runoff to the lake itself. Supervisor Claud noted the church has been at this location for. 100 years. He noted the church has limited space and everything possible has been done to meet all the requirements of the Chesapeake Bay Preservation Area Ordinance and_the County. He stated to deny the request would place a hardship on the congregation which renovated the church several years ago, Supervisor Claud moved the Board approve the application of New Jones Grove Baptist Church to include the relocation of the dumpster to a more acceptable area away from the Resource Protection Area. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley presented information dated August 9, 2000 on the activities of the Virginia Coalition of High Growth Communities. // Chairman Bradshaw called for the Economic Development report. Patrick J. Small, Director. of Economic Development, presented. An Economic. Development Policy and Procedure to Govern A Business Recruitment Campaign Entitled Wanted-New Business Investment-Reward for the Board's consideration. County Attorney Crook requested an opportunity to meet with the Director of Economic Development and review .the policy before Board action. Chairman Bradshaw moved the Board direct the. County Attorney to review the policy, as presented,. with the Economic Development Director and report back to the Board at its September 7, 2000 meeting. 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. 11 9~~q L1J ~ti~r ~ 1 ~~ Chairman Bradshaw called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks and Recreation, presented a contract for the Recreational Facilities Master Plan Services for the Board's consideration. Supervisor Claud moved the Board approve the contract with Land Planning & Design Associates Inc. 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. /i Chairman Bradshaw called for the County Administrator's report. County. Administrator Casket' stated the Board appointed committee has met with a representative of Charter Communications to discuss the obligations associated with the proposed franchise transfer. Frank Staley, General Manager, Charter Communications, stated he has no problem with having the system rebuild done within. a certain period of time. He stated digital services and high-speed cable modems will be launched. He stated he anticipates all such work to be accomplished by the end of December, 2001. Chairman Bradshaw stated Charter had no legal right to increase the rates within the .County because Charter had no franchise agreement with the County. He stated the. franchise agreement must be cleared up based on a contract. Supervisor MacManus asked Mr. Staley how soon he .anticipated return of the franchise agreement to the County. Mr. Staley replied Charter anticipates.. negotiations to be complete within two (2) to three (3) weeks. Chairman Bradshaw requested .Lyle Hornbaker include an update. of the County's franchise agreement on the County's web site. Chairman Bradshaw requested .the County Administrator include a presentation every other month from the General Manager on the Board's agenda. ,: County,Administrator Caskey recommended the Board authorize the .printing and distribution of the 2000-2001 Isle of Wight Information and Directory.- Supervisor Claud requested the Constitutional Officers and the School .Board be included in the directory. Supervisor MacManus moved the Board authorize the printing and distribution of the Information and Directory after August 30, 2000, pending potential changes to the section highlighting meeting schedules, and to include the Constitutional Officers and the School Board. Funds are to be allocated 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. County Administrator Caskey requested the Board set a work session. date between the Board and the Planning Commission. Chairman Bradshaw moved the Board set August 30 at 4:00 p.m. for the purpose of holding a joint work session with the Planning Commission. 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 a late item from VACo requesting local county governments comment responsive to JLARC's Educational Funding Study. i Supervisor MacManus moved the Board direct staff to prepare an appropriate resolution in conjunction with the School .Board in support of what has been presented to JLARC. 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 a .copy of a letter from the Hampton Roads Chamber of Commerce dated July 20, 2000. addressed to the County Administrator announcing that San Diego, CA has been. selected as the designation for the 4`~' Annual Inter-Regional. Visit. Mr. Caskey noted the Chairman will not be able to participate .this. year and he requested the Board consider. designating another Board member in place of the Chairman. Chairman Bradshaw moved the Board designate Supervisor Claud as the Board's representative. to the Hampton Roads Chamber of Commerce Inter-Regional Visit and that he be authorized to attend in place of Chairman Bradshaw.. 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. 13 B04R 19 <~:'~78 County Administrator Casket' advised. that the Virginia Tech Community Design Assistance Center is agreeable to .taking on the project for the upcoming semester to develop amulti-purpose design and master plan for the .expansion of the YMCA and. other existing users. Chairman Bradshaw noted the Board's desire for the County Administrator to continue to work with the Center. County Administrator Casket' reminded the Board of an invitation to attend the preview of the Peninsula Housing & Builders Association's Paradeof Homes event scheduledfor September 7, 2000 at 6:00 p.m., which is the same day as the Board's regular meeting. // • Chairman Bradshaw called for the County Attorney's report. County Attorney Crook referred to a letter sent to the Board • concerning cablevision issues and a copy of the proposed agreement with Charter Communications. County Attorney Crook advised that a meeting had .taken place . between the Real Smithfield Jaycees and the Children's Center. He stated the two (2) organizations are in the process of discussing the feasibility of he .Children's Center utilizing the building presently leased to the Jaycees and he would report back to the Board on their decision at a later date. County Attorney Crook recommended a committee be appointed by the Board to work on the Boykin's Tavern guidelines. Supervisor Claud moved the Board appoint such a committee at the Board's September 7, 2000. meeting. The emotion 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 noted the owner has .offered to convey the right-of--way for Yellow Rock. Road to the- County.. County Attorney Crook noted he had two (2) matters involving litigation for closed session discussion later in the meeting. !/ Chairman Bradshaw called for Old Business. Supervisor Clark moved the Board direct staff to hire an appropriate individual to overhaul the sound system in the Board Room. The motion 14 ,: 80~e• 1~ -r:'~7~ was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud votirig in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus reiterated his request to Mr. Hartley for a status - report of the grandfathering of existing residences in the new flood map ordinance. Mr. Hartley advised the matter would be placed on the agenda for the Board's September 21, 2000 meeting. Supervisor MacManus requested staff bring back a hurricane preparedness action plan for the Board's consideration. County Administrator Caskey noted he would have the Director of Emergency Management ,provide an update for the Board'sconsideration at its September 7, 2000 meeting. 1 County Attorney Crook. reported to the Board of Supervisors from the School Board that a joint meeting was suggested to the School Board to be held on October 19, 2000 at 4:30 p.rn. and that this was only one and a half hours, before the regular Board of Supervisors meeting which would not allow time to discuss meaningfully all the items proposed for joint discussion. He reported that the School Board requested .its meeting be held at some other time when there would not be constraints of time on their discussion. Chairman Bradshaw insisted the meeting be -held on October 19, 2000 and that .there was only one item for discussion, i.e., the Capital Improvements Plan. Supervisor Claud. moved the Board schedule a joint meeting between the School Board and the Board of Supervisors for October 19, 2000 at 3:30 p.m., prior to the Board of Supervisors regularly scheduled meeting. 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 County Administrator distribute a list of proposed items. for discussion to the Board and that a tentative agenda (to include a Capital Budget process) be developed and presented to the Board at its September 7, 2000 meeting. Addressing the issue of mosquito control, Mr. Robertson provided .the .Board with an update of information gathered since the last Board meeting. He stated the most effective means of mosquito control that any locality can have is in the area of an educational program for the citizens. He updated the Board on the program .implemented by York County. 15 900 19 -~~?80 Supervisor Clark requested Mr. Robertson obtain quotes on mobile mosquito control spraying (i.e., how it is accomplished, the cost and, what the spray kills in addition to mosquitoes). He further. directed that Mr. Robertson arrange for a speaker to address the Board's questions only on mosquito control and. that a report from York County be included in the Board's September ?, 2000 meeting. Chairman Bradshaw advised he attended a presentation on redistricting and noted next month information will be made available from the Census. Bureau on the topic. He requested the County Administrator pass along this information to the County Attorney and advise the Board on the process. // Chairman Bradshaw called for New Business. Supervisor MacManus noted he attended the meeting of the VACo Steering Committee for Community.:Development and Planning and he distributed information pertaining to the.legislative position being taken. He noted developers have received preliminary approval .regarding overriding local ordinances as it concerns the manner or type of construction for particular building features, buildings and equipment. Supervisor MacManus moved the Board direct staff to look. at the impact .and advise the Board accordingly so appropriate action can be taken with the County's General Assembly delegation to respond to the proposed. change. 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 advised the VACo Board of Directors took actions dealing with 1) taxing issues, 2) requested that a percentage of personal income tax go to localities. and, 3) encouraged localities to support distribution of having 10% of the .personal income distributed across all localities. He requested the County Administrator forward information to the Board concerning these issues. /I Chairman Bradshaw called for Appointments. There were no appointments offered by the Board. // 1 16 T•. i County Attorney Crook requested a closed session under Section 2.1- 344 A7 of the Freedom of Information Act concerning advice of counsel on a potential litigation matter. and on an actual litigation matter. Mr. Small requested a closed session under Section 2.1-344 AS of the Freedom of Information Act concerning two (2) matters involving prospective businesses and under Section 2.1-344 A3 concerning negotiations for acquisition of real estate. Supervisor. MacManus 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: CERTIFICATION OF CLOSED MEETING 1 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, WI~REAS, 2.1-344:1D 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 1 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. 17