05-31-2005 Regular Meeting,. r
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE THIRTY-FIRST DAY MAY OF IN THE
YEAR TWO THOUSAND AND FIVE
PRESENT: Phillip A. Bradshaw, Chairman.
Thomas J. Wright, III, Vice-Chairman
Henry H. Bradby
Richard K. MacManus
Stan D. Clark
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant.
County Administrator/Operations
E. Wayne Rountree, P.E., Assistant County
Administrator/Development
Anne F. Seward, Assistant County Administrator!
Administration
Carey Mills Storm, Recording Secretary
Chairman Bradshaw called the meeting to order at 4:00 p.m.
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Supervisor Bradby delivered the invocation.
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The Pledge. of Allegiance was conducted. ~
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Chairman Bradshaw called for. approval of the agenda.
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County Attorney Stroman requested that the following amendments be
made to the agenda: Under 2.C, Special Presentations, add a Resolutionto
Endorse Approval of Riverside Health Care's Certification of Public Need
Applications for the Establishment of a Mobile MRI and Mobile CT; under
the Consent Agenda, remove Item 3, and substitute a resolution that includes
the third phase for the Carrsville Water Improvements; under Old Business,
add Item (D), Central Dispatch Operations/Town of Smithfield Concerns,
and an Item (E), .Real Smithfield Jaycee's Request; under the Closed
Meeting, a matter involving legal advice and probable litigation with
reference to a personnel item; a matter to receive briefings from counsel and
staff regarding actual litigation concerning a codes compliance issue; a matter
to receive briefings from. counsel and staff regarding a possible zoning
violation involving a portable saw mill; a matter concerning legal advice
involving probable litigation regarding a partition suit; a matter involving
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legal advice regarding the potential "go dark" provisions in the Zoning
Ordinance; a personnel item regarding the performance of a Board appointee,
specifically the County Attorney; a personnel item relating to compensation
to a County employee; and, a matter. involving advice of counsel.
Supervisor Wright moved that. the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, $radby, Bradshaw, .Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman Bradshaw called for Special Presentations.
Chairman Bradshaw presented resolutions to Joseph A. Owens, Jr. and
Jonathan B. Parham for achieving the. rank of Eagle Scout.
Supervisor MacManus moved the Board adopt. the following
Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
JOSEPH A. OWENS, JR.
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Joseph A. Owens, Jr., is a member of Boy Scouts of
America, Troop #3 and a resident of Isle of Wight County; and,
WHEREAS, Mr. Owens has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors .wishes to recognize .and
.congratulate Mr. Owens for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that Joseph A.
Owens, Jr., is ,recognized and congratulated for achieving the rank of Eagle
'Scout.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
JONATHAN B. PARHAM
FOR ACHIEVING THE RANK OF EAGLE SCOUT
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WHEREAS, Jonathan B. Parham is a member of Boy .Scouts of
America, Tfoop #41 and: a resident of Isle of Wight County; and,
WHEREAS, Mr. Parham has .achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate. Mr. Parham for his achievement.
NOW, THEREFORE, BE IT AND IT,IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that John B.
.Parham is recognized and congratulated.. for achieving the rank of Eagle
Scout.
The motion was adopted by a -vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Sheriff C. W. Phelps presented a Certificate of Appreciation tc, the
Board from the Genieve Shelter for the. County's past support that he had
accepted on behalf of the Board at a fundraiser on Apri130, 2005.
Rosemary Check, CEO, Obici Hospital, requested the Board favorably
consider adopting resolutions to support Obici's efforts to provide
ambulatory and imaging services to County citizens.
Supervisor MacManus noted that the Board is supportive of both
Riverside and C3bici providing their services in the County.
Responding to Supervisor Clark's concern that the Certificate of Public
Need hearing `vas not advertised in the Smithfceld Times or the Daily Press,
Ms. Check noted -that an error had occurred, and Obici would be advertising
in the Smithfceld Times. and the Daily Press in the future.
Supervisor Clark inquired if Obici would consider making the. CT and
MRI scans a permanent facility versus a mobile unit.-
Ms. Check replied that state regulations require that a certain number of
procedures be performed before a fixed site can be justified.
County Administrator Caskey reminded the Board that it had adopted a
.resolution in support of Riverside ambulatory services at its May 19, 2005
meeting.
Supervisor MacManus moved the Board adopt the following
Resolution:
RESOLUTION TO ENDORSE APPROVAL OF OBICI.HOSPITAL'S
CERTIFICATE OF PUBLIC NEED APPLICATION FOR THE
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ESTABLISHMENT OF AN AMBULATORY SURGICAL .CENTER ON
OBICI HOSPITAL'S CAMPUS
WHEREAS, the Board of Supervisors of Isle of Wight County is
empowered by statute to speak for the interests of its .citizens, and is
specifically encouraged to do so on a pending Certificate of Public Need
project; and
WHEREAS, the State .Health Commissioner conduct an informal
conference concerning Obici Hospital's Certificate. of Public Need
Application for the establishment of an ambulatory surgical center on Obici
Hospital's campus in Suffolk, Virginia, (COPN Request No. Va-7133); and
WHEREAS, Obici Hospital has long been a good neighbor and is the
primary provider of health care to County residents; and
WHEREAS, Obici Hospital, the closest full-service hospital to Isle of
Wight County, has seven general operating rooms that are currently operating
at greater than 100% of State standards for utilization, caused, in part, by the
increasing population of the region; and
WHEREAS, the high utilization of Obici operating rooms has delayed -
surgeries and inconvenienced County patients and surgeons attempting to
.schedule needed surgical procedures; and
WHEREAS, over one fifth of .the surgical patients at Obici Hospital
live in Isle of Wight County; and
- WHEREAS, the establishment of an on-campus ambulatory surgical
center, which will be used to treat outpatient surgical cases, will reduce the
burden on the Hospital's operating rooms by leaving those operating rooms
available for inpatient and emergency cases; and
WHEREAS, Obici's on-campus ambulatory : surgical center will
increase convenience and accessibility for outpatient surgical patients by
providing .County patients with greater choice in scheduling options, while
maintaining high quality and coordination of care,. enabling the needs of
many residents of Isle of Wight to be met more efficiently and effectively;
and,
WHEREAS, patients, patient families, employers, and others prefer the
convenience and decreased costs of an .outpatient setting for surgical
procedures; and,
WHEREAS, Obici's ambulatory surgical center will provide additional
jobs for County citizens and support other strategic goals of the Board of
Supervisors- and the County generally..
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NOW, THEREFORE BE IT RESOLVED that the Board. of
Supervisors of Isle of Wight County, Virginia, does hereby endorse Obici's
application to establish an ambulatory surgical center on Obici Hospital's on-
campus site in .Suffolk, Virginia because of its potential to improve the
quality and accessibility of health care to residents of Isle of Wight County as
well as the. ability to provide. economic benefits to County residents by
decreasing health, care costs.
The .motion .was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board adopt the following
Resolution:
RESOLUTION TO ENDORSE APPROVAL OF OBICI HOSPITAL'S
CERTIFICATE OF PLT~LIC NEED APPLICATIONS FOR THE
ESTABLISHMENT OF A MOBILE MRI AND MOBILE CT AT
.SMITHFIELD MEDICAL CENTER IN SMITHFIELD, VIRGINIA
WHEREAS, the Board of Supervisors of Isle of Wight County is
empowered by statute to speak for the interests of its citizens, and is
specifically encouraged to do so on pending .Certificate of Public Need
projects; and,
WHEREAS, the Eastern Virginia Health Services Agency is soliciting
comments and recommendations concerning Obici Hospital's Certificate of
.Public Need Applications (COPN Request Nos. VA-7141 and VA-7173) for '
the establishment of a mobile MRI and mobile CT at -Smithfield Medical
Center campus in Smithfield, Virginia; and,
WHEREAS, Obici Hospital and Smithfield :Medical Center have long
been good neighbors and the primary providers of health care in the County;
and, -
WHEREAS, the residents of Isle of Wight County are currently
experiencing lengthy wait times and inconvenient appointments when
scheduling diagnostic. imaging scans at Obici Hospital due to high patient
volume and the increased. demand for MRI and CT services caused, in part,
by the increasing population of the County; and,
WHEREAS, patients, patient families, employers, and others prefer the
convenience and decreased costs of .an outpatient setting for diagnostic
imaging services; and,
WHEREAS, Obici's mobile MRI and mobile CT will bring these
services to County residents, .decreasing travel time and .improving
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convenience by providing patients with greater choice in scheduling options, "
while maintaining high quality and coordination of care; and, "
WHEREAS, the Smithfield. Medical Center/Smithfield Physical
Therapy Center, located at 913 S. Church Street,. is an ideal location for the
MRI and CT because it is amulti-specialty primary care facility that can
coordinate patient care with Obici Hospital; and many County residents are
accustomed to traveling to the Smithfield Medical Center campus location for
their healthcare needs; and,
WHEREAS, the. mobile MRI and CT will provide additional jobs for
County citizens and support other strategic goals of the Board of Supervisors
and the County generally.
NOW, THEREFORE BE IT RESOLVED that the ~ Board of
Supervisors of Isle of Wight County, Virginia, does hereby endorse Obici
Hospital's applications to establish a mobile MRI and mobile CT at
Smithfield Medical Center/Smithfield Physical Therapy Center in Smithfield,
Virginia because of its potential to improve the quality, accessibility, and
coordination of health care .services to residents of Isle of Wight County, as
well as .the ability to provide economic benefits to County residents by the
creation of new jobs.
The motion was adopted by a vote of (5-0) with Supervisors
" MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the.
motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board adopt the following
Resolution:
RESOLUTION TO ENDORSE APPROVAL OF
RIVERSIDE HEALTH CARE'S CERTIFICATE OF
PUBLIC NEED APPLICATIONS FOR THE ESTABLISHMENT OF A
MOBILE MRI AND MOBILE CT
WHEREAS, the Riverside Health System has maintained a presence in
Isle of Wight .County- for more than twenty (2Q) years with "the establishment
of a nursing home, dialysis facilities and physician care; and,
WHEREAS, there is no pubic transportation available to Suffolk or
Portsmouth, limited service to Newport News, thereby causing Isle of Wight
residents to depend on family and/or friends to routinely take them to medical
facilities in these adjoining cities for needed health services; and,
WHEREAS, Riverside Health System is attempting to locate and
provide health services where they .are most convenient and accessible to the
County's growing population.
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NOW, THEREFORE BE IT RESOLVED than the .Board of
Supervisors'of Isle of Wight County, Virginia, does hereby endorse Riverside
Health Care's applications to establish a mobile MRI and mobile CT in Isle
of Wight County because of its potential to improve the quality, accessibility,
and coordination of health care services to residents of Isle of Wight County,
as well as the ability to provide economic benefits to County residents. by the
creation of new jobs.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion. .
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Chairman Bradshaw indicated the Consent .Agenda included the
following items:
A. ..Resolution to Accept and Appropriate Grant Funds from the
.Virginia Law Foundation
B. Resolution to Amend the County Personnel Articles V and IX
C. Resolution to Designate a Representative to Transact and Sign all
Documents for STAG Funds. for Carrsville Water Improvements
-Phase II
D. DEQ/Public Notice dated May 16, 2005
E. Subdivision Plat of Eagle Harbor, Parcel 8, property of Eagle
Harbor, LLC, Carrollton Boulevard (Route 17), Newport
Magisterial District
F. Subdivision Plat of Eagle Harbor,. Parcel 11, property of Eagle
Harbor, LLC, Carrollton Boulevard (Route 17), Newport
Magisterial District
G. May 5, 2005 Regular Meeting Minutes
Chairman Bradshaw asked if there were any items for removal.
Supervisor Clark moved that the Board remove Item (C) and adopt the
remaining items in the Consent Agenda.. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the. motion, and no Supervisors voting against the motion.
Chairman Bradshaw moved the Board adopt the revised Resolution, to
include Phase.III, as follows:
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.RESOLUTION OF THE BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY, VIRGI1~tIA
REQUESTING A DESIGNATED REPRESENTITIVE
TO TRANSACT AND SIGN ALL DOCUMENTS FOR
STAG FUNDS FOR CARRSVILLE WATER IMPROVEMENTS -
PHASE II AND III
V~'I~REAS, Isle of Wight County owns and operates the public water
system that serves the community of Carrsville; and
WHEREAS, portions of this water distribution system are in poor
condition and in need of replacement in order to address inadequate water
line flushing, cross connections, backflow and meter installation; and
.WHEREAS, the County, is eligible for .funding in the amount of
$96,200.00 from the State and Tribal Assistance Grant (STAG); and
WHEREAS, as part of the grant application process, an authorized
designated County representative must be appointed to transact and sign any
and all documents related to securing funds from the Federal Grant.
NOW, THEREFORE BE IT RESOLVED that the Board of
Supervisors hereby names and appoints W. Douglas Caskey as its authorized
representative to transact and sign any and all documents related to the
securing of funds from the Federal. Grant awarded to Isle of Wight County,
Virginia, Carrsville Water Improvements -Phase II and III, as administered
by the Environmental Protection. Agency.
The motion was adopted by a vote of (5-0) with Supervisors
MaclVlanus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman Bradshaw called for Regional Reports.
Chairman Bradshaw reported that the Director of Economic
Development attended the most recent meeting of the Hampton Roads
Economic Development Alliance, and it is the opinion of the Executive
Committee that major. regional issues that affect economic development will. .
be considered by the Alliance in the future.
E. Wayne Rountree, P.E., Assistant County
Administrator/Development reported that the Mayors and Chairs Caucus is
considering combining the four (4) major. performing arts organizations in
Hampton Roads via local government and private contributions. He further
reported that the BRAC issue was also discussed, as well as the regional
transportation plan. He advised that the Caucus intends to invite three (3) of
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the gubernatorial candidates to address the issue of property taxes at one of
the meetings between now and October, 2005.
With respect to the Southside Mayors and Chairs, Chairman Bradshaw
reported that Opportunity, Inc. is attempting to expand its operations.
Donald T. Robertson, .Assistant .County Administrator/Operations,
added that the Virginia Employment Commission is moving its offices within
the Hampton Roads region, and a regional effort is being made to meet with
the Governor to resolve this issue.
Chairman' Bradshaw reported that the Virginia Association of
Counties' .primary focus is transportation, and that VACo would be hiring a
full-time staff person in charge of transportation issues. He further reported
that VACo's and VML's consultant's position on property tax is that the new
Governor will develop a plan to restrict local taxing authority.
Supervisor Clark reported that BRAC, regional transportation, the
.Third Crossing and the possible expansion of the Hampton Roads_Bridge
Tunnel were the issues of focus at the most recent. meeting of .the Hampton
Roads Planning District Commission.
Supervisor MacManus .reported that the Southeastern Public Service
Authority took action at its most recent meeting to reduce the tipping fee
from $59 to $51.98. He further reported that a final budget was adopted in
the amount of $86.1 million dollars.
Supervisor MacManus reported that the Western Tidewater Water
Authority did officially receive its groundwater withdrawal permit from the
State and the Authority has hired a legal firm to assist. with future strategic
planning.
Supervisor MacManus reported that the .next meeting of the
Intergovernmental. Relations Committee is scheduled for June 23, 2005.
County Administrator Casket' notified the Board that a conflict with
the Town of Smithfield has arisen with this date.
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Chairman Bradshaw called: for Transportation Matters.
Sandon Rogers, Transportation Planner, reported that VDOT
Commissioner Shucet resigned today, and it is unknown at this point what
effect his resignation will have on the County. He noted that the _VDOT
Resident Engineer would keep the Board. apprised as information is made..
available..
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Mr. Rogers. notified .the Board that he has volunteered to serve as a
member on a committee to review the feasibility. of the County establishing a
means by which it can take over the. roadway construction program.. He
noted that he would keep the Board apprised as this effort moves forward.
Following an inquiry of whether the State is attempting to get out of
road construction, Mr. Rogers advised that VDOT is attempting to turn road
construction over to local authorities to manage. He recommended that if the
County intends to begin maintaining.. its roadways, that it would be to its
benefit to have an engineering department that .could provide transportation
and civil engineering expertise. .
1VIr. Rogers notified the Board that the bids received on Dukes Lane
were rejected by VDOT as the bid was over the estimated price by 7%. He
stated VDOT is, however; proceeding to develop a justification to award the
contract as bid, and he will report back to the Board next month on whether
or not VDOT was successful in this effort.
Supervisor Wright moved the Board authorize the Chairman to sign the
Letter of Intent and adopt the following Resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY, VIRIGINIA TO PARTICIPATE IN THE
MODIFIED REVENUE SHARING FUNDS FOR FISCAL YEAR 2005
2006
At a regularly. scheduled meeting of the Isle of Wight County Board of
Supervisors held on May 31, 2005, on a .motion by Supervisor Wright, the
following resolution was adopted by a vote of five (5) to zero (0):
WHEREAS, the Isle of Wight County desires to submit. an application
for an allocation of funds up to $1,000,000.00 through the Virginia
Department of Transportation .Fiscal Year 2005-2006, Revenue .Sharing
Program; and,
WHEREAS, $1,000,000.00 of these funds are requested to fund those
projects shown on the attached designation of funds sheet; and,
NOW, THEREFORE, BE IT RESOLVED THAT: The Board of
Supervisors of Isle of Wight County, Virginia, hereby support this
application for an allocation of $1,000,000.00. through the Virginia
Department of Transportation Revenue Sharing Program.
The motion was adopted by a vote of (4-0) with Supervisors
MacManus, Bradby, Bradshaw and Wright voting in favor of the motion;
.Supervisor Clark absent for the vote;.and, no Supervisors voting against the
motion.
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p c angmg a onmg r mance, an tat he be
prepared to provide a report to the Board at its June 16, 2005. meeting.
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Chairman Bradshaw called for Citizen's Comments.
Grace Keen recommended that a mural be painted on the blank wall in
the Board Room. She advised the Board of the Isle of Wight Citizens
Association's support of a Riverside Medical Center in the County, and she
relayed the Association's .concern with the proposal to allow the application
of sludge in the County. She inquired as to the status of the sludge ordinance
prepared by the former County Attorney, H. Woodrow Crook, Jr., in 1999
which was intended to prohibit the spreading of sludge in the County. .
County Attorney Stroman advised that since 1999 the Virginia
Supreme Court has decided the case of. Blanton vs. Amelia County. He
.advised that Amelia County lost that case, and the Virginia Supreme Court's
opinion constrained a locality's ability to regulate biosolids. He stated that
he is doubtful that an ordinance prepared in 1999 would have validity today.
Sharon Hart of Carrollton notified the Board of the Isle of Wight
Citizens Association's request that the Board allow a presentation by C. W.
Williams of Richmond on the issue of biosolids at its June 16, 2005 meeting.
She advised that the Association would also like to have a .presentation by
Rob Hale of the Virginia Institute of Marine Science.
Supervisor. Clark moved the Board direct staff to contact Mr. Williams
to see if he is available to make a presentation to the Board at its June 16,
2005 meeting at 5:30 p.m. to answer the Board's questions on biosolids, and
that staff also contact the firm which is proposing to -apply the biosolids and
request one (1) of their representatives to also make a presentation, and that
staff provide a report. The motion was adopted by a vote of (5-0) with
Supervisors. MacManus, Bradby, Bradshaw,lVlacManus .and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
Chairman Bradshaw requested County Attorney Stroman to research
runoff issues with respect to what can and can not be done by hog operations,
and what the Board can do while it is continually developing the
Com rehensive Plan and h th Z O d' d h
Chairman Bradshaw called for the County Attorney's report.
County Attorney Stroman advised that he has not had sufficient time to
analyze the comments received by staff on the draft biosolids ordinance .that
he had previously circulated. He stated that he would have it for the Board's
consideration at its June 16, 2005 meeting, along with a report on the state
biosolids procedures, as requested by the. Board..
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Chairman Bradshaw requested that the County Attorney investigate and
report back to the Board on localities that are located in the east which allow
biosolids applications.
County Attorney Stroman stated pursuant. to the Board's indication that
it would like to receive copies of inspections of retail food stores by the x
Department of Agriculture and Consumer Services, those inspections are
available, however, they would require a Freedom of Information.. request.
He recommended that the Board .narrow its request to those inspections that
show potential violations, and that he could includethem under the Consent
Agenda.
Supervisor Clark moved the Board direct the County Attorney to
request the reports that. show potential violations at the end of the calendar
.year for inclusion in .the Consent. Agenda, and that they also be listed on the
County's website. The motion was adopted by a vote of (5-0) .with -
Supervisors MacManus, Bradby, Bradshaw, MacManus and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
County Attorney Stroman stated for the Board's information, he has
included the revised Rules of Procedure in the agenda.
County Attorney Stroman presented An Ordinance Pertaining to .the
Budget of Isle of Wight County, Virginia for Fiscal Year July 1, .2005
through June 30, 2006 for the Board's consideratiori.
Supervisor Wright moved the Board adopt the following Ordinance
which incorporates the categorical funding to .the School Board and also
provides that the County Administrator may make. line item transfers within
budget categories:
AN ORDINANCE PERTAINING TO THE BUDGET OF
ISLE OF WIGHT COUNTY, VIRGINIA FOR
FISCAL YEAR JULY 1, 2005 THROUGH JUNE 30, 2006
ADOPTED THE DAY OF MAY, 2005
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, to-wit:
(a)By motion at its May 5, 2005 meeting, the Board approved a
budget for fiscal year 2005-2006. in the sum of $78,747,694.00;
(b)That all proceeds received for the fiscal year beginning July 1,
2005 from the County general tax rate levies, from other local revenue, from
Federal and State funds and supplements and from all other funds and
sources for general County functions and purposes, including public schools
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and public welfare, be credited to the General Revenue Fund of this. County,
and, when and if appropriated. by the Board of Supervisors of this County,
shall be used for such functions and. purposes and to defray the charges and
expenses of said County and all necessary charges incident to or arising from
the .execution of the lawful authorization of the Board of Supervisors of this
County;
(c)That categorical appropriations are hereby made to the School
Board of Isle of dVight County on an annual basis for the fiscal year
beginning July 1, 2005, indicated in the budget adopted by the Board of
Supervisors on the St'' day of May, 2005 in the following amounts:
Instruction 35,214,011
Administration, Attendance and Health 2,016,029
Pu it Trans ortation 2,626,711
O eration and 1Viaintenance 4,306,464
School Food Services and other Noninstructional
O erations
1,642,150
Facilities p
Debt and Fund Transfers. 5,987,835
Contin enc Reserves p
Total 51,793,200
(d)That the County Administrator is. hereby authorized to make
all expenditures in payment of all line items in the budget at any time during
the fiscal year in any amounts so long as those amounts are not greater than
the amounts available in the fund for such item. or category and the County
Administrator is hereby authorized to make line item transfers within
categories and from category to category so long as the transfers of line items
are within the budget and do not exceed the funds available for such purpose.
{e) That .all .encumbered funds which are earmarked for specific
projects, «•hich are not expended during the .current fiscal year, ~ti°ill be
carried over as encumbered funds for said projects for the ensuing years
unless the encumbrances are removed by action of the Board. of Supervisors.
(f)That the Treasurer of Isle of ~'~°ight County is hereby
authorized. and directed to transfer to the indicated appropriate "funds" in the
aforesaid budget estimates from the General Revenue Fund, from time to
time, as monies become available, sums equal to but not in excess of the
appropriation herein made to such "funds", for the .functions and purposes
therein indicated from the General Revenue Fund for the period covered by
-this appropriation ordinance.
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(g)That the Treasurer of Isle of Wight County is hereby
authorized to honor and pay all warrants and to pay out funds from the
various "funds" indicated in said Budget estimates for any contemplated
expenditure .for which funds .have been made available and appropriated for
such contemplated expenditures.
That this Ordinance be entered in the Minutes of this Board of
Supervisors and that a copy thereof by the Clerk of this Board, be furnished .~
to the Treasurer of this County.
The motion was adopted by a vote of (5-0) with Supervisors.
MacManus, Bradby, Bradshaw, Clark and Wright .voting in favor of the
motion, and no Supervisors voting against the motion.
County Attorney Stroman advised that the letter the Board directed him
to send to Wayne Beagle regarding his statements to customers. of .private
water systems in Rescue is included in the agenda for the Board's
information.
County Attorney Stroman. stated with respect to the status of the
discussions concerning a Conditional Use Permit .for Lawne's Point on the
James Subdivision, staff did meet with Attorney Riddick, a representative
from Virginia Timberline, and a representative from the Shaeffer company.
He stated that he would be returning to the Board with a recommendation on
the issue of ownership, and he recommended that the. Board consider this
matter at its June 16, 2005 meeting in order to allow additional discussions to
take place.
County Attorney Stroman indicated that he .would be briefing the
Board on the feasibility of "go dark" provisions in the amended Zoning
Ordinance during the closed meeting.
County Attorney. Stroman presented a settlement agreement .for the
contract dispute involving Chicago Bridge and Iron ("CB&I"), which he
recommended the Board authorize the Chairman to sign on behalf of the
County. He advised that .the County will retain $77,155, and pay the sum of
$47,540.01.
,Supervisor Clark moved the Board authorize the Chairman to .sign the
agreement on behalf of the County. The motion was adopted by a vote of (5-
0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting
in favor of the motion, and no Supervisors voting against the motion.
//
Chairman Bradshaw called for the Emergency Management report.
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Richard O. Childress, Director of Emergency Management, presented a
Resolution to Accept and Appropriate Funds from the Virginia Department
of Emergency Management for the State Homeland Security Grant Program
for the Board's consideration.
Supervisor Clark moved the Board adopt the following Resolution, to
include the Designation of Applicant's Agent Resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM
VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT FOR
THE STATE HOMELAND SECURITY GRANT PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia. has been awarded funding from the Virginia Department of
Emergency Management for the State Homeland .Security .Grant Program;
and,
WHEREAS, fund in the. amount of forty five thousand eight hundred
ninety three dollars ($45,893) or so much as shall be received needs to be
accepted and appropriated to the appropriate line items in the FY 2005-06
Operating Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia .that .forty five thousand eight
hundred ninety three dollars ($45,893) or so much as shall be received from
the Virginia Department of Emergency Management be appropriated to the
appropriate line items in the FY 2005-06 Operating Budget of the County of
Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that. the County Administrator of the
..County of Isle of Wight, Virginia is authorized to make the appropriate E
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
.The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Mr. Childress advised that in order to be .compliant with state
regulations, an ambulance billing and collection services addendum was
forwarded to him by the County's contracted ambulance billing company.
County Attorney Stroman noted that he had not. had an opportunity to
review the Addendum, and recommended the Board approve it subject to his
review and approval.
Supervisor Clark moved the Board authorize the Chairman to execute
the Billing Associate.. Agreement, subject to the review and approval of the
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County Attorney. The motion was adopted by a .vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the .motion.
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Chairman. Bradshaw. called for the County Administrator's report.
y
Emily G. Haywood, Director of Human Resources, recommended that.
the Board approve an amendment to the County's existing Cafeteria Plan
which would incorporate medical and dependent .care flexible spending
accounts for County employees. -
Supervisor MacManus moved the Board adopt the amendment to the
existing Cafeteria Plan, to include Medical and Dependent Care Flexible
Spending Accounts, and authorize the Chairman to sign the amendment to .
the established County .Cafeteria Plan. The motion was adopted. by a vote of `
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
Liesl R. DeVary, Director of Budget. and Finance, advised the Board
that VACo has offered the County a lower premium on its Workers
Compensation coverage which includes an .incentive to receive a 5%
discount.
Supervisor .Wright moved the Board award the County's Worker's
Compensation insurance coverage to the VACo Insurance Program effective
July 1, 2005, and authorize the Chairman to .sign the. Application for
Membership in the Virginia Association of Counties. Group Self-Insurance
Association and the Virginia Association of Counties Group Self-Insurance
Association Indemnity Agreement and Power of Attorney, pending the
appropriate review of the County Attorney. The motion was adopted by a
vote of (5-0) vVith Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors. voting against the
.motion.
Lyle D. Hornbaker, Information Services Coordinated, presented a
contract for continued website services from VECTEC which he
recommended the Board approve.
- Supervisor Clark moved the Board authorize the Chairman to sign the
contract contingent upon approval of the County Attorney. The motion- was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Anne F. Seward, Assistant County Administrator/Administration,
requested that the Board begin to give consideration to the appointment of,
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and a compensation rate for, the Board of Assessors with respect to the
upcoming 2006 assessment.
Supervisor MacManus moved the. Board appoint a Board of Assessors
for the 2006 Reassessment at an hourly compensation rate of $15 per hour.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in' favor of the motion, and no
Supervisors voting against the motion. The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
Supervisor Wright moved the Board appoint James Wesley Holland to
represent the Windsor District on the Board of Assessors for 2006. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
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Supervisor Clark moved the Board appoint Thomas Findersor. to
represent the Newport. District on the Board of Assessors for 2006. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting. in favor of the motion, and no
Supervisors voting. against the motion.
Debbie J. Sivertson, Assistant to .the County Administrator, stated
pursuant to a previous request of Jerianne Gardner, her attempts to locate the
cannon that had once been located in front of the Courthouse had been
unsuccessful. She statedbefore she proceeded to contact the Department of
the Army and request a replacement, she would like further direction from
the Board. She advised that the. Department of the Army will provide a
cannon to the County at no cost, however, the County would be responsible
for the cost of shipping. the cannon.
Supervisor Macll~Ianus moved the Board direct staff to forward any
information relative to the carman that was once located at the Courthouse to
the Isle of Wight Historical. Society with a request fora recommendation and
any associated costs back to the Board. The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the. motion, and no Supervisors voting against the motion.
.County Administrator Casket' noted contained in the agenda is the
annual report .traditionally provided to the Board at the initiation of .the
County's legislative program.
Supervisor MacManus moved the Board retain its previous priorities,
and direct staff to add a priority that the County is in favor of the real estate
assessment process remaining: the same as it currently exists in the State of
Virginia. The motion was adopted by a vote of (5-0) with Supervisors
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MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman Bradshaw requested Mr. Robertson forward the County's
priorities to VACo as soon as possible.
// t
Chairman Bradshaw called for Appointments.
Supervisor. Wright moved the Board 'reappoint Julia W. Perkins to
serve on the Paul D. Camp Community College Board. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Supervisor Clark moved the Board reappoint Paul Hall, Sr. to serve on
the Virginia Alcohol Safety Action Program. The motion was adopted by a
vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
Supervisor Clark moved the Board accept the resignation of Eleanor
Hawkins from the Youth Services Advisory Board.. The motion was adopted
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the. motion, and no Supervisors voting against the
motion.
//
Chairman Bradshaw called for Old Business.
Lyle D. Hornbaker, Information Services Coordinator, stated pursuant
to the Board's request, he has investigated the issue of the survey control
point inaccuracy. He advised that Landmark had been utilizing the County's
most current data points, which means that the landmarks they reviewed did
have some measure of ,inaccuracy. He stated one of the reasons for the
inaccuracy is that .monuments .may .get moved or displaced during
construction efforts, or it could be Ghat due to the increases in the accuracy of
surveying equipment, a data. point placed five (5) .years ago would be less
accurate than a data point placed today. He stated with respect to horizontal
accuracy, there might be some indication that data sheets that staff had were
not produced correctly. He stated he is currently requesting that Landmark
provide a report of all data points reviewed by them. He noted that staff has
also stopped distributing data sheets to the public because of the unknown
accuracy of the data points at this time. He noted that he needs to find the
magnitude of the problem; how many data points were inaccurate; and,
determine monument by monument what the error is before he can provide
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the Board with a realistic plan for reviewing all of the monuments througu~u~
the remainder. of the County, as well as .correcting and verifying the
monuments that may need to be used by staff in the future.
Supervisor MacManus moved that the Board direct staff to bring back a
recommendation to resolve the problem. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Wright
voting in favor of the motion, and no Supervisors voting against the motion.
Donald T. Robertson, Assistant County Administrator/Operations,
updated .the Board on the status of Tyler's Beach. and the usage of that,
facility. He stated pursuant to the Board's direction, staff did meet with the
watermen to discuss the replacement of the piers, the electrical service, and
the cleanliness of the site, and both staff and the watermen agreed to work on
those issues and report back on the progress. He stated staff again met with
the watermen and while significant progress has been made, issues remain
.with litter and the occasional noncompliance with the rules. established for
the facility. I-Je requested that the .Board allow staff to move forward with
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having the agreements revised, to include the option of providing electrical
service to the watermen for a fee of $100 per year.
.Supervisor Bradby moved the Board authorize staff to proceed and
bring the agreements back to the Board after .the review of the County
Attorney.. The motion was adopted by a vote- of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, .Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
With respect to the issue of Central Dispatch operations and responsive
to the concerns expressed by the Town of Smithfield, Sherri Bush, Director
of Emergency Communications, advised the Board that no data had been lost.
County Administrator Caskey presented a .request from the Real
Smithfield Jaycee's for a thirty (30) day extension of their lease, which
expires today, to allow them to assist in distributing donations and materials
to families who suffered fire. damage during the. past week.
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Lori Skinner, Real Smithfield Jaycee's, stated the Jaycee's insurance
had expired, and the Jaycee's can not afford. to reinstate it.
Supervisor Clark moved the Board allow staff to work with the Real
Smithfield Jaycees to occupy the building for an additional thirty. {30) days,
and that the County Attorney, working with staff, be directed to contact the
County's. insurance consultant to determine the limits to .the County's
coverage and if the Real Smithfield Jaycees can be covered, and that all non-
County material be removed before.. June.. 30, 2005. The Real Smithfield
Jaycee members should not enter the building. until the insurance issue is
resolved. The motion was adopted by a vote of {5-0) with Supervisors
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MacManus, Bradby, Bradshaw, Clark. and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Ms. Sivertson reported on the issue of the Tyler's Beach Boat
Harbor/dredge spoils. She stated that the Port Authority will accept revised
proffers as a match to the $8,900 that the County has. expended far the Phase
I Archaeological Survey. She advised that the project .can not move forward
until the County has obtained the Deed of Easement for the. upland .site from
Virginia Timberline. She stated now that. the. Phase I has been conducted, a
preferred site has .been selected which meets the .Army Corps of Engineers'
requirements.
Regarding the issue of he revised Zoning Ordinance and amendments
to the zoning maps; Mr. Hartley was directed to do the following:
Under Issue # 1, Large Footprint Structures in the Newport
Development Service Districts, Supervisor MacManus moved that Section 5-
2001, under supplementary regulations, require that a Conditional Use Permit
be required for, anything larger than 80,000 square feet, and exclude
industrial uses. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of .the
motion, and no Supervisors voting against the motion.
Under Issue #2, Use of Motor Vehicles for storage, Supervisor
MacManus moved that Rachael Morris, Rural Economic Development
Manager, provide recommended changes to the. ordinance that will support
the County's agricultural community, and that Patrick J. Small, Director of
Economic Development, also provide any associated impacts this ordinance
might have on smaller businesses in the County. Ms. Morris and Mr. Small,
are to work in conjunction with Mr. Hartley .and provide a report back to the
Board.. -The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Under Issue #3, Parking on Commercial .Sites in the Side .and Rear
Yards, Supervisor Clark. moved that there be no change.,The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
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Under Issue #4, Townhouse -Designs and Garage Locations (snout
townhouses), Supervisor MacManus moved to proceed with the .original
recommendation of .staff. The motion. was adopted by a vote of (4-1) with
Supervisors MacManus, Bradby, Clark and Wright .voting in favor of the
motion, and Supervisor Bradshaw voting against the motion.
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Under Issue #5, Exterior Materials in the Highway Corridor Overlay
(HCO) District, the Board noted no motion was necessary as there- is no
change recommended.
Under Issue #6, Zoning of Rideout Property in Camptown
Development Service District, Chairman Bradshaw moved the Board accept
staff's recommendation.. The motion was adopted by a vote of (5-0) with
Supervisors MaclVlanus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Under Issue #7, Landscaping Standards for Non-residential sites,
Supervisor MaclVlanus moved that Section 1006 on Page 555, Section 10-
2004.e. and (f.) on Page 627 going from 1.00 spaces to 50 be returnedto the
Planning Commission for. its recommendation. The motion was adopted by a
vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and t
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
Under .Section 5-2000.G.1.a., Supervisor MacManus moved to send it
back to the Planning Commission for further. evaluation and to consider the
concerns with brick walls already existing in .the County today. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of .the motion, and no
Supervisors voting against the motion.
Under Section 5-SOOS.N.I.h., Supervisor MacManus moved to limit to
3,500 square feet of storage. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Under Section 5-OOS.N.1 j., Supervisor. MacManus moved to change
"may" to "shall." The. motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Under Section. 5-5006.F.4., Supervisor MacManus moved to carve out
the sanitary landfill and change 200 to 300 feet, and change 100 to 150 feet.
The motion was adopted: by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Under. Section 9-1O11.A., Supervisor MacManus moved that front lit
.lights be encouraged as opposed to translucent internally lit lighting. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, .Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
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..Under Section 10-1005.C., Supervisor MacManus moved to use 21"
versus 15" for seating area width minimum requirement. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, __
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Mr. Hartley noted that he would make the necessary revisions for the
Board's consideration at its July 7, 2005 meeting.
//
Chairman Bradshaw called for New Business.
Supervisor Clark moved the Board appoint Mike Crist to represent the
Newport District on the Transportation Safety Committee. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Wright voting in favor of the motion, and no Supervisors voting
against the motion.
Chairman Bradshaw moved the Board direct staff to review the role of
the Transportation Safety Committee and provide the Board with a
recommendation. The ~ motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
With respect to Nike Ajax parts at Nike Park, Supervisor MacManus
moved the Board direct staff to see what the parts consist of and what the
cost .would be for the potential. relocation of the Nike Ajax equipment. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor MacManus moved the Board direct staff to review and-
make adetermination if there is any benefit to the schools being included
under the VACo RP, and VACo GSIA for the County and school
administration. The motion was adopted by a vote. of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
//
County Attorney Stroman requested a .closed meeting pursuant to
Section 2.2-371.1.A.1 concerning legal advice and discussion of probable
litigation in connection with a personnel matter; under Section 2.2-3711.A.7
concerning briefings with counsel and staff with reference to actual litigation
concerning a codes compliance matter; under Section 2.2-3711.A.7
concerning briefings. with counsel and staff regarding a legal matter relating
to a ,possible zoning violation involving a portable sawmill; under Section
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NAYS: 0
ABSENT DURING VOTE: 0
2.2-3711.A.3 and A.7 concerning a briefing on probable litigation relative to
a partition suit and acquisition of private property for a public purpose; under
Section 2.2-3711.A.7 regarding .legal advice on the "go dark" provisions in
the Zoning Ordinance; under Section 2.2-3711.A.1 concerning a personnel
matter related to the County Attorney; under Section 2.2-3711.A.1 .involving
a personnel item .concerning County staff; under Section 2.2-3711.A.7
concerning advice of counsel; under Section 2.2-3711.A.7 concerning legal
advice concerning probable litigation arising out of the Carrollton Volunteer
Fire Department; and,.under Section 2.2-3711.A.7 concerning legal advice in
reference to proffers.
Supervisor Wright moved the Board enter the closed meeting for. the
reasons stated. The motion was adopted by a vote. of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Supervisor Wright moved the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, .Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Wright moved the Board adopt the following Resolution:
E
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,
WI-IEREAS, Section 2.2-3712.D 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
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AYES: MacManus, Bradby, Bradshaw, Clark and Wright ~
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ABSENT DURING: MEETING: 0
//
Chairman Bradshaw opened the floor for comments from citizens.
Bill Blanton. of 22148 Haynes Lane addressed the Board concerning
certain complaints expressed on the operation of his .sawmill. He stated that
the land he purchased in 1985 contained a sawmill that he utilized to cut logs
for building purposes. He stated in 1997 his son-in-law purchased a sawmill
for him as a retirement gift which he has utilized to date.. He advised the
Board that with .respect to concerns voiced about his burning of trash, he has
only burned one (1) fire this year, which was to get rid of tree trimmings. He
stated that he has always been told that he was under the grandfather clause
with respect to the operation of his sawmill, however, at a recent meeting he
was informed by the Codes Enforcement Officer that he was not.
Chairman Bradshaw advised Mr. Blanton that staff would contact him
in reference to his comments this evening.
//
At 8:25 p.m., Supervisor Bradby moved the Board adjourn its meeting.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
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