05-16-2002 Regular MeetingR
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF .MAY IN THE YEAR
TWO THOUSAND AND TWO
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PRESENT:. Robert C. Claud, Sr., Chairman
Richard K. MacManus, Vice Chairman
Stan D. Clark
Phillip A. Bradshaw
Henry. H. Bradby
Also Attending: H. Woodrow Crook,. Jr., County Attorney
~! W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Director of
Human Resources
..Carey H. Mills, Recording Secretary
Chairman Claud called .the meeting to order at 6:04 p.m. The
invocation was delivered by Supervisor Clark.
The Pledge of Allegiance. was conducted.
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Chairman Claud called for Special Presentations.
Chairman Claud noted. that there were three (3) individuals at the
Board's April. 18, 2002 meeting .that were not recognized for achieving thee.
rank of Eagle Scout.
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Supervisor Bradshaw moved ..the Board adopt the following
Resolutions Recognizing Brandol. Bradshaw, Scott Horn and Jay Townsend
for Achieving the Rank of Eagle Scout:.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
BRANDOL BRADSHAW
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Brandol Bradshaw is a member of Boy Scouts. of
America, Troop #37 and a resident of Isle of Wight County, Virginia; and,
WHEREAS, Mr. Bradshaw has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and 3
congratulate Brandol Bradshaw for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight County, Virginia
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that Brandol Bradshaw is recognized and congratulated for achieving the
rank of Eagle Scout..
RESOLUTION TO RECOGNIZE AND CONGRATULATE
SCOTT HORN
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS,_Scott Horn is a member of Boy Scouts of America, Troop
#3 and a resident of Isle of Wight County, Virginia; and,
WHEREAS, Mr. Horn has achieved the rank of Eagle Scout; and,
WHEREAS, .the Board of Supervisors wishes to recognize and
congratulate Scott Horn for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight County, Virginia
that Scott Horn is recognized and congratulated for achieving the rank of
Eagle Scout.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
.JAY TOWNSEND
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Jay Townsend is a member of Boy Scouts of America,
Troop..#3 and a resident of Isle of Wight County, Virginia; and,
WHEREAS, Mr. Townsend has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize .and
.congratulate Jay Townsend for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY .RESOLVED by
the Board of Supervisors of the County of Isle of Wight County, Virginia
that Jay Townsend is .recognized and congratulated for achieving the rank of
Eagle Scout.
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 Bradshaw moved the Board adopt .the following Resolution
to Recognize the Windsor. High. School Cheerleading Squad:
RESOLUTION TO RECOGNIZE THE
WINDSOR HIGH SCHOOL CHEERLEADING SQUAD
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WHEREAS, the Windsor High School Cheerleading Squad- placed
first overall for the fifth consecutive year in the Tri-Rivers District Cheering
Competition; and,
WHEREAS, three members of the Windsor High Squad were selected
on the All District Team; and,
WHEREAS, one member of the Squad, Miss Magen Brock. was named
as Tri-River District Cheerleader of the Year; and,
WHEREAS, the Squad placed third overall in Regional competition,
with Magen Brock being selected on the 1~` Team All-Regional Squad .and
two members, .Laura Askew and Ashley Fisher, selected on the 2"d Team
All-Regional Squad; and,
WHEREAS,. for the first time in its history, the Windsor High School
Cheerleading Squad earned an opportunity to participate in the State
Competition.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia recognizes and
congratulates .the Windsor High Cheerleading .Squad for its
:accomplishments..
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.
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.Chairman Claud indicated the following Consent Agenda included
Items 2, A through I, and asked if there were any items for removal::
A. Resolution to Authorize the Submission of A Grant
Application and to Accept and. Appropriate. Funds for the
TRIAD Program
B. :Administrative Building Roof Repairs
C. Request of Habitat. for Humanity., Inc.
D. Isle of Wight County .Flood Reclamation Community
Development Block Grant (CDBG) .Program. - Fair Housing
Requirements
• E. Resolution for Acceptance of Street into the State .Secondary.
Road System, Gatling Point South Subdivision, Section S
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F. National Safe Boating Week Proclamation
G. Delinquent Real :Estate Tax Collection Monthly Report
H. April 18, 2002 Regular Meeting Minutes
I. Apri125, 2002 Continued Meeting Minutes
Supervisor MacManus moved the Board approve all items and adopt
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..
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' Chairman Claud called for Transportation Matters.
James Randolph, Planner, stated .the Commonwealth Transportation
Board has. accepted the tentative outline for the .draft Virginia Transportation
Development Plan that illustrates an overall 29% reduction State-wide in
available funds.
Chairman Claud commented that the Route 460 Center -Turn Lane,
Town of Windsor, VTA project and the Intersection improvements. Route
258 @ Route 606 and Route 258 @ Route 620, VTA project were originally
funded under the Virginia Transportation Act. He questioned how it is
possible that the funds for these projects .could. be removed by the
Commonwealth Transportation Board when they were allocated through the
General Assembly:
MacFarland Neblett, VDOT Resident Engineer, stated he would be
speaking with the VDOT Director of Programs and Scheduling and he
would have additional information for the Board next week.
Chairman Claud moved that a County representative be present at the
June 5, 2002 public hearing to request that the following three (3) projects
be added back to the Six-Year Program:
1. Route 460 Center Turn Lane, Town of Windsor, VTA project
2. Intersection improvements Route 258 @ Route 606 and Route
258 @ Route 620, VTA project
3. Route 10, 2°d phase of reconstruction from Route 676 to Route
624, Rushmere
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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 Bradshaw moved .the Board direct staff to contact the City
of Franklin to discuss sending a joint message to the. Commonwealth
Transportation Board concerning the bridge over the Blackwater River from
Franklin to Isle of Wight being moved. from the development phase to the
construction phase. 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. Randolph referred. to the draft-Six-Year Plan for Secondary Roads
FY02-07 contained in the agenda. He stated due to a decrease in State
funding, from $1.7 'mullion to approximately $ l million, it would be
necessary for the Board to readdress its priorities in the Secondary Plan. He
clarified that under proposal "A" for FY2002-2003 there are allocations to
finish funding Pruden .Road, Rescue Bridge and other projects, however, any
shift towards unpaved road projects would not be reflected in FY2002-03.
Chairman Claud stated funds included in FY02-03 for Pruden Road
should show up in the Six-Year Plan for FY02-03. He noted the. estimated
cost is $1.2 million and the previous funding was $1.2 million, therefore, the
money is there, but no money is allocated in FY02-03.
Mr. Neblett stated the term "allocation" shows. what the anticipated
funding will be, but it does not mean that there are funds sitting in the:.
"bank." He stated it is .anticipated that funding will be on-line when the
project is ready to be started. He stated VDOT does not havesufficient cash
flow to carry on the program it drafted in the past, thus causing the program
to have to be re-worked.
Supervisor Bradshaw stated the County has an agreement. with the
State .that the State will provide a certain amount of funding based on the
amount of contribution made by the County.: He stated when the County
adopts the Plan, ut is also approved by the State, which states that VDOT has
those funds for that project and once the funds have been fully funded. for
the project, then -the County moves forward.. He stated this is not a :cash
flow problem, rather that the State has spent the County's portion of
funding.
Mr. Neblett replied this was the case in the past.
Supervisor Bradshaw inquired if all the projects contained in the Six
Year Plan with an "allocation" line item from the State will have to start
from the beginning.
Mr. Neblett replied "yes", at least until State revenues improve.
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Chairman Claud .stated there was an approximate 35% cut in the
budget and the County had been allocating $500,000 towards unpaved
roads. He suggested using the .same percentage and allocating it towards
unpaved roads..
Chairman Claud inquired as to the deadline for approving a plan.
Mr. Neblett stated the State would like to have. the Plan by July 1,
2002. '
Supervisor Bradshaw moved the Board direct .staff to contact the
VDOT Resident Engineer and bring a report back to the Board at its June 6,
2002 meeting regarding the details of the Six-Year Plan and .what is
encompasses. Staff is to also contact VACo and obtain further information
related to cutbacks in State .funding. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of themotion (5-0) and no Supervisors voting against the motion.
Supervisor Clark requested Mr. Hartley provide. a status report on
ditching efforts on Smith's Neck Road.
. Mr. Hartley reported that the work was to be completed by VDOT
today..
Supervisor Bradshaw requested a status report on his previous request
to the VDOT Resident Engineer for a cost comparison report.
Mr. Neblett stated he would like to meet with Supervisor Bradshaw to
discuss his request.
Supervisor MacManus thanked Mr. Neblett, on .behalf of the County
and the Town of Smithfield, for the installation of the- traffic light. He
requested the status of the installation of signs noting "hidden driveways"
along Nike Park Road. '
Mr. Neblett stated the signs would be posted in the .near future.
Chairman Claud reported that the project. on Johnson Avenue begins
May 20`}`.
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Chairman Claud called for Citizens .Comments.
Grace Keen, representing the Isle of Wight County Citizens
Association,- stated Janice Hardison, Commissioner of Revenue, attended the
lasC Association. meeting.. Mrs. Keen reported the concerns of certain
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citizens regarding tax reassessments to the Board.. and. that a citizen read in
the newspaper than the tax rate could be raised, as well. She requested that
the Board keep these concerns in mind and take appropriate steps to cut the
budget where possible in order to keep the tax rate at its present amount.
Supervisor MacManus stated the Board, at its last meeting, indicated
that the tax rate would be advertised at its present rate of $.77.
Supervisor Clark noted that he read the same article and was confused
as well '
Supervisor Clark moved the Board direct staff to invite Mike
Didawick to the Board's June 6, 2002 meeting to brief the Board on the
reassessment process and that the Board be provided with the informational
materials that will be utilized by the Commissioner of Revenue. 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.
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..Chairman Claud called for the County Attorney's report.-
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County Attorney Crook requested the Board review the proposed sign
ordinance he prepared and provide him with their comments. He stated he
-would have to present the proposed ordinance to the Planning Commission.
and then it could be advertised for public hearing.
Chairman Claud recommended that the ordinance reflect thirty-two
(32) feet in size and that it be up to fourteen (l4) days.
Supervisor Clark moved the Board send the proposed sign ordinance
to the Planning Commission, as .amended to reflect thirty-two (32) square
feet in size and up to fourteen (l 4) days. 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 reported that .the Tax .Levy Ordinance has j
been advertised for public hearing at the Board's May 3.0, 2002 meeting.
County Attorney Crook referred to his earlier request explaining that
.the Board of Supervisors need to submit the names of .individuals to serve
on the Equalization Board to the Circuit Court Judge who will consider their
recommendation in making the appointments to the Equalization Board.
Supervisor Bradshaw moved the Board submit the name of James W.
Jones to the Circuit Court Judge for appointment to the Equalization Board
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representing the. Carrsville District.. The motion was adopted unanimously
(5-0).
Supervisor Bradby moved the Board submit the name of William T.
Chrisman to the Circuit Court Budge for appointment to the Equalization
Board .representing the Hardy District.. The motion was adopted
unanimously (5-0).
.Supervisor MacManus requested. Ms. Mills .correct the name of his
previous appointment to the Equalization Board from "Mary Ann" to
"Marian" Wilson.
County Attorney Crook .reported that he has received confirmation
from Attorney William Riddick that the. Founder's Point Agreement
regarding the school site, and proffers has been recorded in the Clerk's
Office.
County Attorney Crook reported that the Board's decision to deny the
application of the Wat Pasantidhamma Association for an exception to the
Section 5002 c (2) of the Chesapeake Bay Preservation Area Ordinance to
allow various encroachments down to forty-six (46) feet in the Resource
Protection Buffer of one hundred (100) feet has been appealed to the Circuit
Court.
- County Attorney Crook reported that he had advised the YMCA of the
Board's desire to charge the amount of tax revenue that would be lost on
rental for County owned property being used for private, charitable or other
purposes. He stated the YMCA wishes to lease the building for a longer
period of time before putting new investment and building on the property.
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Chairman Claud stated. the Board previously directed that staff
evaluate all leases and develop a standardized policy to recapture the amount
of tax revenue that would be lost on County-owned properties.
County Attorney Crook stated he would come back with a
recommendation to the Board on such a policy.
.Supervisor MacManus reiterated that the County desires the use of the
pool for schools; 50% discount for fire and rescue personnel; and, that the
YMCA be responsible for all maintenance and that the County wants to
lease the building for the amount of the taxes being lost on the property.
County Attorney Crook noted that he had one (1) matter for closed
session later in the meeting.
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Chairman Claud called for the County Administrator's report.
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Supervisor Bradshaw moved the. Board adopt the following .
Resolution:
RESOLUTION TO RECOGNIZE
J. NELSON CARR
FOR OUTSTANDING SERVICE TO THE
CARRSVILLE VOLUNTEER FIRE DEPARTMENT
WHEREAS, .volunteer emergency service providers positively. impact
the quality of life of the citizens of Isle of Wight County, Virginia; and,
WHEREAS, Mr. J. Nelson Carr has served as a member of .the
Carrsville Volunteer Fire Department for the past 26 years; and,
WHEREAS, Mr. Carr has served as Chief of the Carrsville Volunteer
Fire Department for the past 21 years; and
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize Mr. J. Nelson Carr for his outstanding service..- and
dedication to the Carrsville Volunteer Fire Department.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
.the Board. of Supervisors of the County of Isle of Wight, Virginia recognizes
and appreciates Mr. J. Nelson Carr for outstanding .service and dedication to
the Carrsville Volunteer Fire Department.
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.
Richard O. Childress, Director of Emergency Services, distributed a
handout reflecting the estimated cost for .the proposed Dispatch Center
furniture.
Supervisor Bradshaw stated individual .control of heating and air
conditioning/air flow. and noise reduction is a luxury and he has a concern
with purchasing this item for use only in this office.
Chairman Claud moved. the. Board authorize the purchase of the
equipment from Xybix Systems, Inc. and adopt a Resolution to.Appropriate
$36,156 from the Unappropriated Fund .Balance of the E-911 Fund for
Dispatch Center Furniture. The motion was adopted with Supervisors
MacManus, Bradby, Clark and Claud voting in favor of the motion (4-1) and
Supervisor Bradshaw voting against the motion.
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Mr Childress presented a .lease agreement for the Dispatch Center.
radio equipment that. is needed in order for the dispatchers to place the. call
over the radio system for the Board's. consideration.
Supervisor Bradshaw requested Mr. Childress provide copies of the
Service Agreement for his review and recommendation and that the Service
Agreement be removed from the Lease Agreement..
Mr. Childress stated there are two (2) separate documents and it is
addressed in the Lease Agreement .that there will be Service Agreements
attached to it. He noted that he would provide a copy to Supervisor.
.Bradshaw for his review and recommendation.
County Attorney Crook noted that he has many suggested changes to
the Agreement.
Supervisor Clark moved the Board authorize the Chairman of the
Board to execute the .lease agreement upon final review of these documents
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 Clark stated he has received inquiries on .the schedule for
clearing the Carrollton Volunteer Fire Department property and requested
the County Attorney contact him regarding the schedule.
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Supervisor Bradshaw moved the Board amend the order of the agenda
in order to .conduct the public hearings... .The motion was adopted
unanimously (5-0).
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Chairman Claud called for Fublic Hearings.
Chairman Claud called for a public hearing on the following:
The application of William Tracy and. Candice J. Carr for a change in
zoning classification from RAC to Conditional Suburban Estate of
approximately six (6) acres of land located on the north side of Old
Suffolk Road (Route 636) north of Windsor Boulevard (Route 460)..
Said property is adjacent to 13101 Old Suffolk Road, Windsor, in the
Windsor Election District. The purpose. of the application is for a
single-family residentiallot, as conditioned.
Chairman Claud. called for persons to speak in favor of or in
opposition to the application.
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Tommy Jones stated he is in favor of the Board approving the
application. He stated the Planning Commission voted in favor of the
application and he would request that the Board. approve it.
Chairman Claud moved the.Board approve the application of William
.Tracy and Candice J. Carr with the conditions as.recommended by .the
Planning Commission and staff 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 Claud called fora public hearing on the following:
The application of Isle of Wight Materials, Company, Inc. and- Benns
Church .Properties for a Conditional Use Permit to amend the Jordan
Mining (borrow pit) Operation. Plan to increase the permitted acreage
from twenty (20) to -thirty (30) acres and to extend the life of the
permit for five (5) additional years starting from the new approval
date. Said land is located on the west side of Benns Church Boulevard
(Route 10) approximately .25 mile south of Brewer's Neck Boulevard.
(Route 258 & 32), Smithfield, in Newport Election District.
Mr. Hartley stated the Planning Commission approved the conditions
.located in the Board's agenda after the Operation Plan with three (3)
conditions, as follows: No wetland mitigations will be established on the:
permitted area unless approved by the Board of Supervisors; trees will be
planted as a part of the reclamation of the property where- existing berms are
now, as to preserve farmland; the property that is now. a part of the
Fedonchuck parcel will be joined with the Jordan Property following
approval of the application;. and, that a dry hydrant will be installed on the
property for fire fighting purposes.
Supervisor Bradshaw inquired if the conditions placed on the
application. in 1999 were fulfilled.
Mr. Hartley advised that the planting of the trees on -the outside of the
berm was not accomplished in 1999 which is the reason for it now being
addressed as a condition as part of the reclamation. He stated -there was
discussion about the use of the house.
Chairman Claud called for persons to speak in favor of or in
opposition to the application.
Richard L. Turner stated Isle of Wight Materials in 2001 paid $22,074
in taxes to the County and $19,122 for real. estate and personal property ,
taxes. He stated of the seventeen (17) employees, eleven (11) reside. in the
County. He stated of the .thirty-eight (38) subcontractors, twenty-three (23)
reside in the County. He explained that he did not remember the proffer of
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the trees and once he realized. his mistake, a farmer had planted his crops on
the outside of the .berms. He stated the trees would not have shielded. any
.more than what-the berms did and that trees will be planted at the waterline
of the lake to stabilize that area. He stated this is why he is proposing that it
be part of the reclamation plan as opposed to the operations plan. He stated
the house is listed in the operation plan with the intent of converting it into
an office, however, he feels that the house is better left at its current
location. He explained that the County requires a $1,000 `bond per acre for
reclamation of the pit and the State requires a fee be paid annually per acre
under operation which .goes into a fund with part of the money being
returned if the pit is reclaimed as approved by the State. He stated if.the pit
is not reclaimed, the. State reclaims the pit atthe owner's expense. He stated
regarding the concern with dust, a shell .material has been placed on the
road, as well as mulch material combined with water which he has found to
be a good solution in controlling the dust. He stated he conditioned that
wetland mitigation would not be used on this property unless approved by
the Board. He stated the concern with the safety of the. stormwater runoff
.has been satisfied in the operation plan. He stated .the Jordan and
Fendonchuck properties were not in compliance because they were suppose
to have 200 feet between them and the lake and, under the direction of the
County, the drawing was redrawn to show this as one (1) continuous lake.
He stated under the advice of the County Attorney, if the application is
approved, it should be subject to the drawing being included so that it would
be in compliance with the regulations of the County. He stated regarding
the question about the overall master plan, the lakes have- been designed so
that there is working room between the .lakes. and that the house be
residential, not for office space.
Supervisor Clark inquired if any of the truck traffic has caused any
.instability problems with the home:
Mr. Turner: stated the home, which was .built approximately 155 years
ago, is put together with wooden pegs. He stated while there is some brick
deterioration, the house is still in good shape for its age. He stated the best
approach is to preserve the home because he does not have any intentions of
developing this area at this time.
Supervisor .Clark inquired about the process for reclamation.
Mr. Turner stated normally within a year the lakes. fill up provided
they are not being drained.
Donald Gwaltney of Smithfield stated he supervises the reclamation.
He stated he owns a farm located across the road with his brothers and
..sisters and he has not seen that the pit has had any adverse effects to his
property. He stated hehas not incurred any problems with the traffic either.
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Shirley Land of Benns Church Boulevard stated. the pit approved
.previously was not to go beyond the trees, however, there is now dirt and
equipment located beyond the trees. She stated the Jordan house was
supposed to have been. maintained and repaired, however, Mr. Turner has
only whitewashed the .home and roof and does not always keep the grass cut.
She expressed concern with the dump trucks pulling out in front of vehicles.
on the highway, as well as the sand left by the trucks on the pavement as
they leave. She stated she understood that that entrance to the farm would
not be used by the trucks or the business and this is currently .happening.
She stated she could not see allowing the applicant an additional ten (1)
acres and an additional five (5) years when he presently can. not comply with
what he agreed to do five (S) years ago. She stated this operation is an
eyesore for the County.
Grace. Keen of Benns Church Boulevard requested the Board look at
what is left when operations of this type are completed.
Chairman Claud closed the public hearing and called for comments
from the Board.
Supervisor MacManus requested Mr. Hartley elaborate on his
expectations on the repair of the Jordan house.
Mr. Hartley stated when the borrow pit was approved in 1999, the
emphasis was to ensure that the house was not torn down. He stated the
Planning Commission felt it was not feasible that Mr. Turner be required to
restore the house as part of the condition. He stated it was conditioned. that
the house not be demolished and it was .part of Mr. Turner" operation plan
to utilize the house as office/living space.
Supervisor MacManus inquired if the lack of an engineering plan. to
address the drainage problems has been addressed by Mr. Turner.
Mr. Hartley stated staff did meet with Mr. Turner to walk through the
drainage system on the property. He stated the initial concern was. that there
was a statement in his plan that it could withstand a 50 year storm, but there
was no indication that it really could. He stated Mr. Turner.demonstrated
that there were no manmade structures that would fail due to flows.
Supervisor MacManus inquired if the Planning Commission addressed
the road conditions raised by Ms. Land earlier tonight.
Mr. Hartley stated the Planning Commission did not: discuss the road
at any length in its last review. He stated in 1999 the. discussion was that
the access that currently exists at Benns .Church and St. Lukes was not a
..desirable location and there was strong support for using .the access at the
Jordan property as an alternative. He stated he has .not .had any. complaints
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recently, but as complaints are received, staff contacts Mr. ~ Turner and
requests that he address them.
Supervisor MacManus inquired about the bonding amounts. He stated
.his concern is that $1,000 does not seem like sufficient funds to address the
reclamation plan.
Mr. Hartley stated the County requires $1,000 peg' acre and has the
authority to revise the estimate for reclamation if deemed necessary. He
stated he suspects that a full blown reclamation plan could not be done for
$1,000 per acre, but Mr. Turner has an advantage in that he has the
equipment located on site..
Supervisor Bradshaw inquired about condition #3 placed in the 1999
application.
Mr. Hartley stated that the house not be demolished.:
County Attorney Crook stated the problem is that it is a conditional
use permit where the Board imposes conditions and frequently the applicant
.will proffer conditions. He stated sometimes these are conditions that the
.Board imposes and some times they are not. He stated the concern was that
the building be preserved and the applicant proffered that it was going to be
used for an offcelresidence.
.Supervisor Bradshaw inquired if the County ever enforced that the
trees be planted.
Mr. Hartley replied "no" and that the County approved -the. plan and
Mr. Turner. built the berms and began operating the pit.
County Attorney Crook stated #2 states that the "Jackson pit" would
be reclaimed and then it makes reference to the "Jordan pit." He asked if the
Jackson pit is involved in this plan. ~~
Mr. Hartley stated it should all refer to the Jordan pit and its
reclamation.
Mr. Turner stated in the operation plan it is mentioned that the house
could beused as a joint office/home, however, with the scales not located at
this home and the trucks being located further away from it, he believes it is
a better use to preserve the home until the .reclamation is complete and
restore the home as a home rather than an office.. He stated the entrance
approved. on the Jordan property has more visibility and more width in the
turn lane. He stated $35,000 was spent for turn and deceleration lanes to
take the trucks off the main highway and it has worked well. He stated .
sweeping companies clean the intersection at Benns Church every two (2)
weeks. He stated he is unclear what the total reclamation plan will be,
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however, he has millions of dollars invested in this.. property and it is
advantageous to him to make the property as attractive and useful as it can
be. He stated the reclamation required by the County. and the State is to
- slope the banks with topsoil, seed it with a mixture of grass and. stabilize the,
area so there is no erosion. He stated there is also a certain amount. of
money placed in a fund with the State that can be .utilized if the pit is not
reclaimed to the specifications required by the. State.
Supervisor Clark inquired if the trucks contain covers..
Mr. Turner replied "yes."
Supervisor Clark stated he shared Ms. Land's concern with trucks
pulling out and he believes that. is more of an enforcement issue to be
addressed by the Sheriff and the State Police.
Chairman Claud moved the Board approve the application of Isle of t
. Wight Materials, Company, Inc., with the following conditions:.
No wetland mitigations will be established on the permitted area
unless approved by the Board of Supervisors.
Trees will be lanted as a art of the reclamation of the ro
P P P PertY
where existing berms are now, as to preserve farmland.
The property that is now a part of the Fedonchuck parcel will be
joined with the Jordan Property following approval of the
application.
Dry hydrant to be installed.
The motion was. adopted .with Supervisors MacManus, Bradby, Clark
and Claud voting in favor of the motion (4.-1) and Supervisor Bradshaw
voting against the motion.
Chairman Claud called for a public hearing on the following:.
The application of Clemetine J. Parker & Edith R. Smith Etals, owners
and Vivian .Drew, prospective owner for a .change. in zoning
classification from RAC to Conditional Rural Residential 1.128 acres
3
of land located on the west side of Wood Duck Drive (Route 643)
south of W. Blackwater Road (Route 603), Zuni, in Carrsville Election
District. The purpose of the application is for a single family
residential lot, as conditioned..
Chairman Claud called for persons to speak in favor of or in
opposition to the application. f
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Clemetine J. Parker, owner of the property, requested ~ the Board
approve the application. She stated the mobile home will be located l50
feet from Blackwater Road, be enclosed and would have its own driveway.
.She. stated Mrs. Drew, the .prospective applicant, is a resident of the County
and a relative of her family.
Chairman Claud closed the public hearing and called for comments
.from the Board.
Supervisor Clark moved the Board approve the application of
Clemetine J. Parker & Edith R. Smith et al, owners and Vivian Drew,
prospective owner. 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 Claud called for a public hearing on the following:
FY2003-2007 Proposed Capital Improvements Plan
Anne F. Seward, Director of Budget and Finance, stated the proposed
Plan for the next five {5) years is in a total. amount of $40,034.744.
Chairman Claud called for persons to speak in favor of or in
opposition to the proposed. Plan.
Thomas Walters of Smithfield expressed concern with the amount of
spending. he sees going on in the County and the State of Virginia. He
stated the Board is also discussing. increasing the tax rate again this year.
He stated. many citizens expressed concern at the Isle of Wight Citizens
Association with the reassessments of their properly and the lack of
satisfaction they received from the Board of Assessors. He stated he has
also noticed certain fees that the County has .increased, such as the cell
phone tax. He requested the Board consider postponing projects in the Plan.
He stated there is no assurance the economy will improve and he requested
the Board consider reducing the total debt load.
Sharon Hart of the Newport District expressed concern with the
proposed bond load. She requested the Board review the Plan to see if there
are some items that can be postponed temporarily.
Peter Munsel of Carrollton stated he moved. to the County for its rural
nature and he does not expect the services provided by cities. He stated the
County can not afford to .have these services either and he .would
.recommend reducing some of the services now being offered.
Chairman Claud noted that the Board would be holding a public
hearing on the Operating Budget on May 30, 2002 and take action at the
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Board's June 6, 2002 meeting. He suggested the Board take action on the
Capital Improvements Plan and the Capital Budget at the same meeting.
.Chairman. Claud closed the public hearing and called for comments
from the Board
Supervisor Bradshaw moved the Board table consideration of the
Capital Improvements Plan until the Board's June b, 2002 meeting. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (S-0) and no Supervisors voting .
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against the motion.
Chairman Claud called for a public hearing on the following:
An Ordinance to Impose a Fee of $5.00 As Costs in Each Criminal and
.Traffic Case for the Funding of Courthouse Security Personnel
Chairman .Claud called. for persons to speak in favor of or in
opposition to the proposed Ordinance.
Charles W. Phelps, Sheriff, spoke in favor of the ordinance to impose
a $S fee. He stated. the -need for security has increased and the proposed
Ordinance will enable the County to place additional personnel at the. court.
facility. He presented letters from Rodham Delk, Jr., Circuit Court Judge,
William E. Laine, Jr., Clerk of .the Circuit Court and Robert B. Edwards,
Chief Judge for the .General District Courts .expressing their desire of
imposing a $S fee on every traffic summons and criminal case tried in the
County.
County Attorney Crook stated this is a new act of the General
Assembly and it will take effect July 1, 2002.
Chairman Claud closed the public hearing. and called for comments.
from the Board.
Supervisor Clark moved the. Board adopt the following Ordinance,
effective July l , 2002:
AN ORDINANCE TO IMPOSE A FEE OF $5.00 AS
COSTS 11~ EACH CRIMINAL OR TRAFFIC CASE
FOR THE FUNDING OF COURTHOUSE SECURITY PERSONNEL
WHEREAS, the General Assembly of Virginia by an Act embodied in
.Section. 53.1-120 of the .Code of Virginia of 1950, as amended, has
authorized any county or city to assess a sum not in excess of $5.00 as .part
of the costs in each criminal or traffic case in its•.dstrict or circuit court in
which. tF-e defendant is convicted of a violation of any statute or ordinance
far the funding ofcourthause security personnel; and
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WHEREAS, the. Board of Supervisors of Isle of Wight County,
Virginia. deems it to be in the best interests of the .citizens of Isle of Wight
County to help defray the costs of funding of courthouse security personnel
by assessing such sum as part of the costs in each criminal or traffic case to
be paid to the Treasurer of Isle of Wight County and held by said Treasurer
subject to appropriation by the governing body to the Sheriffs Oflice for the
funding of courthouse security personnel.
.THEREFORE, be it and it is hereby ordained by the Board of
Supervisors of Isle of Wight County, Virginia that any person convicted of a
violation of any statute or ordinance in any criminal or traflic case in the
.District Courts or Circuit Court of the County of Isle of Wight, Virginia,
shall be assessed a sum of $5.00 as part of the costs in each court in each
case.
The assessment shall be collected by the clerk of the. court in which
the case is heard, remitted to the Treasurer of the .County of Isle of Wight
and held by said Treasurer subject to appropriation by the governing body to
the Sheriffs Office for the funding of courthouse security personnel.
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 Claud called for a public hearing on the following:
An Ordinance to Impose a County Tax on Wills and Administration of
Decedents' Estates
Chairman Claud called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Upon no one appearing, Chairman Claud closed the public hearing
and called for comments from the Board.
.Supervisor Bradby moved .the Board adopt the following Ordinance,
effective July 1, 2002:
AN ORDINANCE TO IMFOSE A COUNTY TAX
ON WILLS AND ADMINISTRATION OF DECEDENTS' ESTATES
WHEREAS, the General Assembly of Virginia by an Act embodied in
.Section .58.1-3805 of -the Code of Virginia of 1950, as amended, has
provided that the governing body of any county is authorized to impose a
county tax on the probate of every will or grant of administration in an
amount equal to one-third of the state tax on such probate of a will or grant
of administration; and
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WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia deems it to be in the best interests of the citizens of Isle of Wight
County to impose said probate tax.
NOW, THEREFORE, be it and it is hereby ordained by the Board of
Supervisors of Isle of Wight County, Virginia,- that there is hereby imposed a
county tax on the probate of every will or grant of administration in an
amount equal to one-third of the state tax on such probate.
The tax imposed by this ordinance shall be collected by the Clerk of
the Circuit Court for the County of Isle of Wight who shall pay the revenues
collected into the treasury of the County of Isle of Wight and shall, be
entitled to compensation for such service in an amount equal to five percent
(5%) of the amount collected and remitted.
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 Claud called for a public hearing on the following:
1
An Ordinance to Amend the Zoning Ordinance to Add Definition of
Condominiums
County Attorney .Crook stated the County's Zoning Ordinance does -
not contain a definition of condominiums. He stated there was a case before
the Board of Zoning Appeals and now a case in court involving the issue of
what are condominiums under our Zoning Ordinance.
Chairman Claud called for .persons to speak in favor of or in
opposition to the proposed Ordinance.
Upon no one appearing, Chairman Claud closed the .public .hearing
and called for comments from the Board.
. Supervisor Clark moved the Board adopt the following Ordinance:
1
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
OF ISLE OF WIGHT COUNTY, VIRGINIA, TO ADD TO ARTICLE II,
SECTION 2002 DEFINITIONS, CONDOMINIUM AND TO:AMEND THE
DEFINITION RESIDENCE, MULTIFAMILY APARTMENTS TO INCLUDE
CONDOMINIUMS
BE IT AND IT IS I-iEREBY ORDAINED by the Board of Supervisors of
Isle of Wight County, .Virginia, that Article II, Basic. Definitions and
Interpretations,. Section 2002 Definitions, be amended by adding thereto the
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definition of condominium and to amend the definition of Residence, multifamily
apartments, to .include condominiums, as follows:
Seca 2002. Definitions
Condominium. A building or group of buildings containing three
residential units or more in which the units are owned individually and
the structure, common areas and facilities are owned by all of the
owners on a proportional, undividedbasis and which has been created
by the recordation of condominium .instruments pursuant to the
provisions of Chapter 4.2 of Title 55 of the Code of Virginia.
.Residence, multifamily apartments A multifamily .residential use
other ~ than a multifamily conversion or multifamily townhouse.
Condominiums are included as multifamily apartments.
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 Bradshaw moved the Board return to the regular order of
the agenda. The motion was adopted. unanimously (5-0).
//
Chairman Claud called for the continuation of the County
Administrator's. report.
Donald T. Robertson, Assistant County. Administrator/Director of
Human Resources, distributed to the Board a copy of an employee
questionnaire that was recently submitted by his office to County.
.employees. He stated approximately ninety-five (95) full-time employee
responses were received,. of which thirty-four (34) surveys received were.
invalid and ,not included because the information provided was not
identified per the request by ranking one (1) through ten (10).
Supervisor Bradshaw stated .that if one-third (1 /3) of the surveys
received were considered invalid, only forty percent (40%) of the employees
were then represented.
Mr. Robertson stated the typical response to surveys is roughly fifteen
percent (l5%) to twenty percent (20%). He further stated that because
100% of the employees. did not receive the survey, the .survey only reflects a
snapshot of the interest of employees. He referred to a memorandum
distributed to the Board from staff members requesting the Board's
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.consideration of certain items, as well as staff's estimates of the annual cost
of implementation of these items.
Supervisor Clark stated he would need additional time to review the
information presented tonight.
Chairman Claud stated he is unclear if staff is satisfied at this point
with the level of response received on the surveys. He noted that the County
Administrator had appointed a committee to review benefits and it is that
committee that should determine if the survey. is sufficient and meets
employees' needs. .
Supervisor Bradshaw stated that he is in favor of improving benefits
for the County's employees and receiving recommendations from the
employee committee.
and that the intent of the l
County Administrator Caskey informed the Bo
Employee Relations Committee is not solely to focus.. on benefits, but other
.issues, as necessary. He stated. it .became clear that there was not in place a
forum whereby employees could work through various issues, of which
benefits could be just one (1) issue.
Supervisor MacManus stated that although the survey only touched
forty percent (40%) of the employees, the survey did reveal that the issue of
twice-a-month pay is not really at the top of the list for employees. He
stated the Board would be discussing the budget in the near future and he
encouraged the committee to proceed expeditiously with making ~ ~~
recommendations. that represent the entire staff so -that action could be taken
by the Board during the budget process.
Supervisor Bradshaw suggested setting aside a certain amount of
funds fora cafeteria plan to provide flexibility to each employee..
Supervisor MacManus requested the County's "Employee Relations
Committee" bring back recommendations .representing the desires of the
entire staff for consideration during the budget process. ~4
Mr. Hartley distributed copies of the original proffered conditions. of
the Crown Creek development, along with a map approved in 1986. He
noted that the property requires public sewer and water and that it will be
on-site rather than extending existing services. He `advised that Wayne -
Beagle (developer) has- scheduled a public meeting on the project for May
29, 2002.
Mr. Hartley distributed copies of -the Planning Commission Action
List for the Board's reference.
i
Mr. Hartley. advised that the Planning Commission :would be .meeting
two (2) times per month for the next several months to work on the Zoning
Ordinance revision.
County Administrator Casket' noted that the Governor has approved
July 5, 2002 as an extra holiday .for State employees. He noted County
oBices would be closed on 7uly 5,.2002 as well because the Board observes
State approved holidays.
// .
Chairman Claud called for Old Business.
A. Release of Architectural/Engineering Funds for the New
Administration Building (Tabled May 6, 2002)
Chairman Claud noted that based on the data presented the County
should have the .work done on the building and not lease it.
B. Frequency of Employee Compensation (Tabled May 6, 2002)
Ms. Seward stated pursuant to the Board's .direction to staff to review
• the cost benefit of privatizing the payroll function, staff has contacted ADP
.who can provide the necessary services for approximately $410 monthly.
Ms. Seward recommended that the payroll function not be privatized based
on cost .and the level of service. She stated the cost for generating payroll
in-house is $295 and having an individual in-house when a question arises
versus. having to call a company serves as an enhancement to employees.
Supervisor MacManus inquired if printers and hardware were
calculated into the $295 amount.
Ms. Seward stated the. County, Schools and Social Services all operate
off the same equipment. She stated if the Board approves twice-a-month
pay, the Schools and Social Services will still have to maintain the printer.
Chairman Claud stated when the issue of twice-a-month pay was first
discussed, a survey was done among employees which reflected that 97
. employees desired twice-a-month pay. He stated data was then provided to
the Board on the cost to implement the twice-a-month pay on January 1,
2003 or later. He stated the Director of Budget -and Finance has advised that
by April 1, 2003 she should have the. manpower to be able to go to twice-a-
month pay without having to hire additional personnel which eliminates the
need for apart-time person, as well as the space problem. He stated he
believes the County should make the necessary provisions to go to twice-a-
month pay on April 1, 2003. He stated he is not sure if he considers twice-
a-month pay as a real benefit because of the nineteen (19) localities
surveyed, the County is one (1) of three (3) that does not do at least twice-a-
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month pay. He stated lie sees it as an obligation based. on what the
surrounding areas are doing. He stated he believes the County should meet
the wishes of a large number of employees and he is in favor of twice-a-
month pay. He stated going to twice-a-month pay on .April 1, .2003 has
nothing to do with the Board reviewing other benefits to determine if there
is something there .that the .Board feels it can afford to offer employees this,
year or next.
Supervisor MacManus expressed a concern that some of the
.employees have. relayed to him that they would not like to be paid twice-a-
month. He stated the Board would then be mandating something that would
make some of its employees unhappy. He stated his second concern is that
in the preliminary evaluation of 40% of the employees, it was indicated that
the issue of twice-a-month pay was near the very bottom of their concerns.
He stated he would like to do what the employees .feel is most important to
them from a benefit perspective because once-a-month pay versus twice-a-
month pay is part of the employees' benefit package. He stated if the Board
does move in the direction of twice-a-month pay, he would prefer that. it be
optional whether an employee receives his paycheck once or twice-a-month..
Supervisor Bradshaw stated if the .Board is going to look at what other
localities are. doing with pay schedules, the Board should .also look at what
other localities are doing with their benefits. He stated he is in favor of the
committee formed by the County Administrator bringing back
recommendations to the Board for its consideration.
Supervisor Clark stated he agreed with Supervisors MacManus and.
Bradshaw. x
Supervisor Bradby stated if the majority of employees have indicated
they are in favor of twice-a-month pay, he does not have a problem with
implementing it.
r
Supervisor Bradshaw moved the issue of twice-a-month pay be
considered by County staff and the Employee Relations Committee for a
recommendation back to the Board, 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 Casket' .stated the. Board previously requested
the Electoral Board to review the current precinct boundaries for voter
effectiveness.
Supervisor Bradshaw moved the Board forward the .recommendation
of the Electoral Board to the County Attorney for his review and
recommendation andthat he work in conjunction with the Electoral Board to
implement. The motion was adopted with Supervisors MacManus, Bradby,
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Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
.Supervisors voting against the motion.
Supervisor Clark stated 'that the new School Superintendent spoke at
the Carrollton Elementary PTA meeting and he gave the Board credit for
.adopting the .budget in such a way as to preserve positions.
// , ,
Chairman Claud called for New Business.
Supervisor MacManus requested Mrs. Seward send a letter to Donna
Fontaine advising that the check she. presented to the Board during the
School Board budget public hearing has been deposited for transfer to the
Schools next year.
Regarding the complaint of Shirley Land earlier in the meeting under
.public hearings, Supervisor Clark moved the Board direct .staff contact the
Sheriff and advise him of the potential enforcement problems that are
occurring on Route 10 with trucking traffic from the nearby borrow pits. 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 a closed session under
Section 2.2-3711 Al of the Freedom of Information Act concerning a
personnel matter.
Supervisor Bradshaw requested a closed session under Section 2.2-
3711 Al of the Freedom of Information Act concerning a personnel matter.
County Attorney Crook requested a closed session under Section 2.2-
3711 A3 concerning three (3) matters involving acquisition/disposition of
public property where public disclosure could adversely affect the County's
bargaining position.
Supervisor Clark requested a closed session under Section 2.2-3711
A 1 of the Freedom of Information Act concerning three (3) personnel
matters.
Supervisor Bradshaw moved the Board enter closed session for the
reasons stated. The motion was adopted with Supervisors MacManus,
Bradshaw, Bradby, Clark and Claud voting in favor of the motion and no
Supervisors voting against the motion. .
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Upon returning to open session, .Chairman Claud .moved the Board
adopt the following resolution:
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,
WHEREAS, 2.2-3T12D 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 whichthis 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
- t
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 Clark moved the Board direct the County Attorney to meet
with the Director of Emergency Services and the Carrollton Volunteer Fire
Department and ascertain how much of the newly acquired land should be
cleared. 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.
it .
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Supervisor MacManus moved staff send the Board a package. of all
information they have received from the Town of Smithfield on the Villas..
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and the Smithfield. Commons projects as soon as possible so that the Board
can begin to evaluate: those projects. and provide commentary at the Board's
June 6, 2002 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.
Y
//
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Chairman Claud. thanked Kevin Duck and the Carrsville Volunteer
.Fire Department for bringing its. new truck to the Courthouse for the Board
to have an opportunity to see.
Chairman Claud distributed a handout concerning three (3) new clean
coal technologies. He stated that he has requested Mr. Small to inquire from
Duke Energy in writing if they use those technologies and, if not, why not.
.Supervisor Clark invited those interested to attend the Carrollton
Ruritan Ladies Night on Tuesday, May 21, 2002 at 6:00 p.m.
/!
At 9:40 p.m., Supervisor Bradshaw moved the Board continue .its
meeting until May 30, 2002 to adopt the Budget. The motion was adopted
': unanimously (5-0).
_~~ G'~~
Robert C. Claud, Sr., Chairman
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