09-06-1990 Regular Meeting~~~K 14 r-:~-f~~~ .
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE. SIXTH DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY
PRESENT:. Henry H. Bradby, Chairman
Joel C. Bradshaw, 3r., Vice Chairman
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also Attending: H. Woodrow Crook, Jr., County Attorney (Arrived.
at 2:10 P.M.)
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
AdministratorjCommunity Development
Carey H. Mi11s, Assistant Clerk
Chairman Bradby called the meeting to order at 2:04 P.M. The
invocation was delivered by Supervisor Edwards.
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Chairman Bradby called for Transportation Matters.
MacFarland Neblett, Resident Engineer, Virginia Department of
Transportation, stated that the Virginia Department of
Transportation was finishing up a dirt road project on Route 694
which should be completed in the next two to three weeks.. Mr.
Neblett continued that all other projects in the County were
proceeding on schedule. The speed study on Route- 603 had been
completed and a copy would be forwarded to Supervisor Edwards.
Supervisor Edwards requested that the ditches be cleaned out
on Route 636 and Route 258.
Supervisor Turner thanked Mr. Neblett. for his help in locating
a better entrance to the farmers' market.
Chairman Bradby called for citizens to speak regarding highway
matters.
Reverend James H. Johnson stated that the highway near Benns
Church had several bumps and requested Mr. Neblett to look into
correcting the problem.
Mr. Neblett stated he would check into this.
Chairman Bradby stated that on Route 676 there is a speed
limit of 50 mph which drops .down to 35 mph and asked Mr. Neblett
what could be done to get the speed limit dropped to 35 mph all the
way down the road.
Mr. Neblett stated he would check into this.
//
Chairman Bradby called for a public hearing on the following
rezoning:
The application of Odelle S. Carr, owner and Lawrence
Bailey Carr, prospective owner for a change in zoning
classification from A-1, Agricultural Limited to
Conditional M-2, Conditional Industrial General, 1.165
acres of land located on the south side of Route 638,
between Route 641 and Route 645, in-Hardy Magisterial
District. The. .purpose of the application is for a
trucking operation (truck terminal).
Supervisor Ross stated there was a letter from the applicant
requesting withdrawal of the application and moved the Board accept
the request of Odelle S. Carr, .the applicant, to withdraw.. The
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motion passed by unanimous vote (5-0).
Chairman Bradby called for a public hearing on the following
Special Use Permit:.
The application of Adelaide S. Worrell, owner and Leland
F. Duck, lessee and operator for a Special Use Permit to
locate two anaerobic lagoons. for septic tank waste on 157 .
acres of land on the north side of Route 600, between
Route 606 and Route 637, in Newport Magisterial District.
Chairman Bradby called for citizens to speak in favor.
Fred Bailey appeared and stated he was the engineer designing
the project for Leland Duck.
Thomas T. Whitfield of Windsor, Virginia, appeared.
Supervisor Turner asked Mr. Whitfield if this was untreated
sewage.
Mr. Whitfield said the sewage would be direct from septic
tanks which would. go into a holding pond until the pond-gets full
and is then dumped. into another pond for ninety days and
distributed onto the land.
Supervisor Bradshaw stated he was familiar with the lagoon
which did not produce a lot of odor.
Supervisor Turner questioned whether this had to be approved
by the Health Department..
Mr. Whitfield replied yes. that the Health Department had been
in on it from the beginning and that if he had to dump in Hampton
Roads Sanitation District, it would cost $72.50 to unload 2,500
gallons which means $150 to pump a septic tank by the time it is
unloaded in HRSD.
Supervisor Edwards questioned whether there were any other
governing bodies that Mr. Whitfield would have to acquire permits
from.
Mr. Whitfield stated he would have to go through. the Health
Department, Water and Environmental, Planning and the Board of
Supervisors.
Chairman Bradby called for citizens to speak in opposition.
Jesse D. Williams of Suffolk appeared and stated he was an
adjoining. property owner speaking on behalf of other adjoining
property owners. Mr. Williams continued that he had a degree in
Agricultural Engineering from North Carolina State and training in
lagoon design and construction. Mr. Williams stated he was not
speaking against the lagoon as such, but against the specific site
for the lagoon and urged the Board not to approve the Special Use
Permit because of the high water table in the proposed area. He
had talked with the Health Department who had indicated to him that
they had looked at the site and could not approve the proposed site
although they had found an alternate site they would approve if the
lagoon was built above the ground level due to the high water.
table.
Vernon Land representing the Department of Utilities for the
City of Norfolk stated the City of Norfolk was opposed because the
lagoons could create a negative impact on Lake Prince if overflows
occurred in the lagoons.
Fred Bailey stated he met-with the Health Department last
Friday who gave him an instruction book on the regulations
governing such lagoons. Mr. Bailey continued that the two lagoons
presented now have been cut in size by half and that he would have
to get together with the Mr. Olson, the Sanitation Environmental
Engineer, to discuss where to put the lagoons.
Supervisor Edwards. asked Mr. Bailey if the Special Use Permit
was approved by the .Board would Mr. Whitley have to go through a
separate permitting process with the Health Department.
Mr. Bailey stated the lagoons could not be built until the
Health Department approves the plan which would be sent out in the
next ten days. Mr. Bailey continued that another meeting would be
.required with Mr. Olson and the soil scientist to determine where
the water table is.
Supervisor Turner stated there were plans and talk about a
sewage system coming into Windsor and if the sewage system came
into Windsor Mr. Whitley would then be in a position of doing away
with lagoons..
Mr. Bailey stated there are many septic tanks throughout
Suffolk, Surry and .Southampton Counties which would require pumping
and that a sewage system coming into Windsor could not offer
complete relief.
Supervisor Ross asked the time limit from Norfolk Southern on
the current lagoon located. there.
Mr. Bailey stated they would not extend the time limit at all.
Supervisor Bradshaw asked if the same techniques will be used
for current operation.
Mr. Whitfield stated the same techniques for. operation would
be used at the new site.
Supervisor Bradshaw moved the Board approve the. Special Use
Permit of Adelaide S. Worrell. The motion carried (4-1) with
Supervisor Turner voting in opposition to the motion and all the
other members voting in favor.
Chairman Bradby called for a public hearing on the following
.request:
The request of the Windsor Lions Club to hold a "Chick-
a-que" at Fosters Pond which is located on Route 609,.
Windsor Magisterial District, on Saturday., September 29,
1990.
Chairman Bradby asked for citizens to speak in favor.
W. H. Holland, .Chairman and. member of the Lions Club,
aPPeared.
Supervisor Turner moved the Board approve the request of the
Windsor Lions Club. The motion passed by unanimous vote {5-0).
//
Chairman Bradby asked Herbert Jones to approach the. podium and
read the following resolution:
RESOLUTION OF APPRECIATION TO HERBERT L. JONES UPON THE
OCCASION OF HIS RETIREMENT FROM PUBLIC SERVICE
WHEREAS, Herbert L. Jones graduated from Virginia Tech with
a .Bachelor of Science Degree in Agriculture Economics, and has
since received a Masters Degree. in Adult Education; and,
WHEREAS, Herbert L. Jones began his career in public service
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as the County Extension Agent in November 1963; and,
WHEREAS, Herbert L. Jones has served Isle of Wight County for
these past twenty seven years in a variety of important capacities;
and,
WHEREAS, Herbert L. Jones has served with distinction as the
Extension Agent, Coordinator of the Gypsy Moth Program, member of
the Board of Directors of the. Virginia Peanut Growers Association,
member of the Agricultural Soil Conservation .Service. County
Committee, Secretary and Director of thePeanut Soil and Water
Conservation District, member of the Paul D. Camp Agricultural
Advisory Committee, Treasurer and Director of the Virginia County
Agent Association, and Chief Damage Assessment Coordinator-for Ssle
of Wight County Extension service; and,
WHEREAS, Herbert L. Jones has submitted his resignation to be
effective .August 31, 1990 and .shall always be regarded as an
outstanding employee and friend and advisor to those involved, in
local agricultural interests.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County that it extends its sincere appreciation to
Herbert L. Jones for his many years of outstanding public service,
and that he receive the best wishes from all the residents of Isle
of Wight County for his future endeavors.
BE IT FURTHER RESOLVED by the Board of Supervisors that a
formal copy of this resolution be presented to Herbert L. Jones and
be spread upon the minutes of the meeting of the Board of
Supervisors of this date.
Supervisor Turner moved the Board adopt said resolution. The.
motion carried by unanimous vote (5-0).
Chairman Bradby called for a presentation from the Social
Services Board.
Linda Bean, Director of Social Services, introduced the
Chairman of the Isle of Wight County Social. Services Board, Colonel
Oliver Wooster.
Colonel Wooster stated that when Social Services first met
with the Board in June relative to budget needs, the companion
program was identified as a high priority which would allow
disabled and elderly to remain in their homes as opposed to seeking
nursing home care.. Colonel Wooster continued that in order to
administer the program in Isle of Wight County, $161,000 was needed
to expand from fifty to sixty individuals and would increase the
hourly wage from $2.75 to $3.10. Colonel Wooster stated only
$59,839 was received in State and local funding causing the Social
Services Board to consider ways in which the program could. be
reduced, although the primary concern was to ensure the well being
and safety of existing clients. Colonel Wooster .stated that in
order to meet all obligations, the companion program was
restructured and requested the Directors to come up with a few
companion program options. Colonel Wooster reported that the
Director and her staff came up with twelve options selecting option
#4 as follows: Add no new clients as participants or drop from the
program; maintain rate of $2.75 for the forty providers; current
funding would last 7.27.. months; total funds needed $99,528 of
which $39,689 additional funds needed to support this option for
twelve months. Colonel Wooster stated Social Services anticipated,
based on these measures,, that they will need an additional $39,689
from the County contingency fund.
Supervisor Edwards stated that when the Board approved the
Budget, Ms. .Bean was out of town and the County Administrator
stated he had worked up figures which indicated that the program
could continue at current funding level and even expand to take on
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additional people. Supervisor Edwards asked that now that Social
Services has had the opportunity to review the projections.why is
this figure different.
Ms. Bean stated that the calculation has remained that. in
order to .serve sixty people at twenty hours per week. at a cost of
$3.10 per hour it would cos a total of $161,000 for the year and
this f iqure has never changed; however, Social Services did not get
from the State or local government the money needed to operate a
$161,000 program. Ms. Bean continued that because of this, the
Social Services Board went back and looked at several options for
cutting the program, none of which would allow Social Services to
operate a safe program for existing recipients on the amount of
existing dollars received by State and local money. Ms. Bean
stated that Social Services was therefore proposing a measure for
cutting the program for the existing year. and phasing out. the
program altogether.
County Administrator Standish stated that when the Budget was
adopted it appeared. at that time that there was more than enough.
to grant not only a five percent raise to all employees but also
expand the Social Services companion program. County Administrator
Standish stated that he did not know what had changed since then,
but in looking at the local funds in the Social Services budget for
the current fiscal year, $75,187 has been set aside for services
administration and $63,291 is set .aside for other administrative
costs. If the local funding is allocated toward administrative
expenses, it cannot. be utilized for the provision of services.
County Administrator Standish. continued the Board may wish to table
the matter and direct him to provide further information.
Ms. Bean stated that if Social Services would have been able
to get additional State funding, the money allocated from local
dollars by the Board would have been more than sufficient to match
the program allowing Social Services to offer the complete program.
Supervisor Ross asked Ms. Bean how Social Services planned to
phase out the companion program.
Ms. Bean replied that there are two ways: the person's
condition worsens and, they enter a nursing home or a person is last
altogether.
Chairman Bradby stated he would hate to see the Board deny
the request of $39,689 from Social Services to continue the
companion program for twelve months for the senior. citizens who are
homebound and requested that the Board grant the request of Social
Services.
Supervisor Turner suggested that if the Board did approve the
request from Social Services that the Board do so with the
understanding that the program will be supported only for .this year
to allow time for the program to be phased out..
Supervisor Edwards stated he was very upset that the County..
was looking at closing out a program which would provide services
to sixty handicapped citizens. Supervisor Edwards continued that
the County's problem was not a lack of money, but priorities, and
that he was in favor of appropriating the $39,689 to Social
Services.
Supervisor Turner moved the Board table the request of Social
Services for $39,689 for the companion program to allow time for
Linda Bean to meet with the Social Services Board and the County
Administrator and see what direction the State will. take. The
motion passed by unanimous vote (5-O).
//
Chairman Bradby called for the Community Development report.
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W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following applications for the Board
consideration:
The application of Steven Beaumont for a Conditional Use
Permit to extend mobile. home approval for an additional
twenty-four (24) 'months while, building a residence on
5.825 acres of land, located on the south side of Route
624, west of Route 10, in Hardy Magisterial District.
Supervisor Turner moved the Board grant the request for the
extension of Steven Beaumont. The vote in .favor was unanimous (5-
O) .
The application of James D. Kruger for a Conditional Use
Permit to extend mobile home approval for an additional
thirty-six (36) months while building a residence on 45
acres of -land, located on the west side of Route 649,.
between Route 644 and Route 646, in Hardy Magisterial
District.
Supervisor Turner moved. the Board grant the request for the
extension of James D. Kruger. The vote in favor was unanimous (5-
0) .
W. Douglas Caskey, Assistant County Administrator/Community
.Development, stated that at the July 5, 1990 meeting of the Board
a report was made advising of the findings of the studies prepared
by .David M. Griffith and Associates, Ltd. relative to the
development of a fees study and preparation of a cost revenue
analysis which focused on the County's development review process
and respective fees which are collected for applications. Mr.
Caskey continued that in the .agenda was a proposed user fee
schedule. which. was developed- responsive to the development fee
study completed by David M. Griffith and Associates, Ltd. intended
to realistically reflect. the recommendations of the study.
Supervisor Turner .moved the Board table action on the user fee
schedule until the September 20, 1990 meeting of the Board of
Supervisors. The vote in favor was unanimous (5-0).
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated the County, since January 1977, has been
exempted under State Statute by the Division of Mines Minerals and
Energy in the area of controlling surface mining activities. Mr.
Caskey continued that since that time, the County has assumed full
responsibility from the Virginia Department of Mines Minerals and
Energy for the enforcement of the County's zoning regulations and
State standards and regulations applicable to excavation
operations. Mr. Caskey reported that every two years .his
department is required to submit a report detailing the County's
activities over those two years and that this year the .report was
lengthy requiring two to three weeks to accomplish because the.
State is now requiring more specific information. Mr. Caskey
continued that this year the State contacted his department to
advise that a meeting would be required to discuss deficiencies
pertaining to current zoning regulations as compared to the State.
statute and Mining Mineral law and manual that is regulated by the
Department of .Mines Mineral and Energy. Mr. Caskey stated he was
concerned about the ability to meet State expectations and
presented the following two alternatives: Upgrade the staff to
meet the enforcement responsibilities associated with the waiver
program or request removal from the exempt program by contacting
the Department of Mines Minerals and Energy to advise of the
County's voluntary removal under Chapter 16.
County .Attorney stated he would brief .the Board on what had
occurred in 1976. .County Attorney Crook advised the Board that in
1976 the Board of Supervisors requested an ordinance because the
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Board was not satisfied with State enforcement of State law
concerning borrow pits. Mr. Crook continued that he drew up an
ordinance and met -with the Department of Conservation and the Board
in 1976 requested the waiver under Statute 45.1-197 which provides
if the Director is satisfied that the County ordinance is as strong
as the State Statute and the enforcement will be as strong or
stronger than the State enforcement, then a waiver can be granted,
.which was accepted by .the Board in 1977. Mr. Crook advised that
since that time, the County has tried to keep the ordinance up with
the State law as far as the State Statutes are concerned. County
Attorney Crook continued that he thought the Board should ask the
Director to terminate the waiver and get the benefit of the State
enforcement on borrow pits and update the ordinance and keep it in
effect.
Supervisor Edwards moved the Board authorize preparation of
a letter to the State Division of Mines Minerals and Energy
requesting the elimination of the waiver of the County relative to
State regulation. of borrow pits. The motion passed with all
members voting in favor except Supervisor Turner who abstained (4-
0-1) .
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated he had received formal notification from the
.United States Department of Commerce, Bureau of the Census, of the
post census local review counts. Mr. Caskey continued the
notification was received on August 29, 1990 and the Census Bureau
gives local jurisdictions fifteen working days in which to review
the county data and respond if corrections are necessary. Mr.
Caskey stated that in 1980, the census count for the County was
21,603 and showed approximately 7,653 housing units at an occupancy
of 2.8 persons per housing unit and that in 1990, the Census
projections indicated that there are 24,985 persons in the County
and 9,736 housing units with 977 being vacant. Mr. Caskey stated
that since 1980, this was a little over 2,000 additional housing
units and a little over 3,300 persons increase according to the
Census Bureau. Mr. Caskey continued that the County would be using
the fifteen day window to do comparisons of the Census data because
as part of the comprehensive planning effort and review of building
permit data, it shows that since 1980 approximately 3.,300 building
permits for new housing units whereas the Census Bureau is showing
only 2,000 new housing units.
County Administrator Standish stated that MSAG, the firm the
County had retained to do the county mapping for the 911 system,
had also collected the same kind of data and it may be worthwhile
for the Board to expand their scope of .services and have them
double check the .census data. County Administrator Standish
advised that if the County could demonstrate that the population
has grown more than the Census Bureau had indicated, this would
provide the basis for a correction and possibly. create -more
financial support from State and federal sources.
Supervisor Turner moved the Board .authorize expenditures not
to exceed $2,400 to have MSAG verify preliminary census data. The
vote in favor was unanimous (5-0).
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated he wanted to bring the Board up to date on the
Chesapeake Bay Preservation Program.- Mr. Caskey continued that the
document is now in final draft and the Planning Commission held a
public hearing on August 14, 1990 and continued the public hearing
to an evening work session which was held on August 23, 1990 and
as a result, the consultant has- made modifications to the plan
which is now in distribution. Mr. Caskey stated the Planning
Commission has scheduled an additional work session for the evening
of September 13, 1990 and it will .come to the Board for formal
action possibly at the. first meeting in November.
W. Douglas Caskey, Assistant County Administrator/Community
..
Development, stated that MSAG has advised the County that the
County is at a point in the process of the development of the
Emergency 911 system that it is time to name private roads which
serve at two or more residences -.and that this needs to be
accomplished by early October. Mr. Caskey stated he would
recommend setting a public. hearing at the September 20, 1990.
meeting of the Board.
Supervisor Turner moved the Board authorize County staff to
advertise a public hearing relative to naming private streets for
the September 20, 1990 Board meeting.
//
At 4:10 P.M., Supervisor Turner moved the Board continue the
meeting until after the Public Service Authority meeting. The
motion passed by unanimous vote (5-0).
//
At 4:50 P.M., upon returning to open session,.Chairman Bradby
called for the County Attorney's report.
It was noted-that County Attorney Crook was not present, as
he had stepped out during the Public Service Authority meeting and
had not returned, and County Administrator Standish suggested that
he proceed with the County Administrator's report.
//
Chairman Bradby called for the County Administrator's report.
Supervisor Turner moved the .Board adopt the following
resolution:
RESOLUTION TO APPROPRIATE TWENTY-FIVE THOUSAND FOUR HUNDRED TWENTY-
FIVE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL
FUND FOR THE WESTERN TIDEWATER REGIONAL JAIL
WHEREAS, the Board, of Supervisors of the County of Isle of
Wight, Virginia, has approved the construction of the Western
Tidewater Regional Jail; and
WHEREAS, the funds in the amount of .Twenty-Five Thousand Four
Hundred Twenty-Five dollars ($25,425) need to be appropriated from
the unappropriated fund balance to the Western Tidewater Regional
Jail, construction line item in the 1990-91 budget of the County
of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia, that
Twenty-Five Thousand Four Hundred Twenty-Five ($25,425) from the.
unappropriated fund balance be appropriated to line item 14-03-
033-3302-7016, Western Tidewater Regional Jail, construction in the
1990-91 budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that. the County Administrator of the
County of Isle of Wight, Virginia,. is authorized to make the
appropriate accounting .adjustments in the budget and to do all the
things necessary to give this resolution effect.
The motion to adopt said resolution passed by unanimous vote
(5-O).
County Administrator Standish reported that in-the County's
fiscal year 1990-91 capital budget, funds were appropriated for the
acquisition. of a new refuse collection vehicle for the Public Works
Department and recommended that the Board accept the low bid in the
amount of .$101,404 and authorize County staff to enter into a
contract for the acquisition..
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Supervisor Turner moved the Board accept the low bid in the
amount of $101,404 and authorize County staff to enter into a
contract for the acquisition. The motion passed by unanimous vote
(5-0).
County Administrator Standish stated that previously the Board
had selected a committee to meet with a committee of the-Town of
Smithfield to reach a consensus on the design of the telephone
company's .911 equipment which has been accomplished. County
Administrator Standish continued what has been proposed is a
primary secondary system with all incoming emergency 911 calls to
the Sheriff's Department with those. uniqueto Smithfield to be
transferred to the Town of Smithfield. County Administrator
Standish stated that if one system were to go down, the other would
back it up, creating protection, and recommended execution of a
contract which would provide for a primary secondary system.
Supervisor Turner moved the Board approve the contract. The
motion carried unanimously (5-O).
County Administrator Standish stated that the Board had
previously directed that he talk with the Durrant Group, .the
proposed architect for the courthouse master plan and renovations
to attemgt to persuade the Durrant Group to reduce their fee.
County Administrator Standish reported that the Durrant Group
responded that they are not comfortable with reducing their fee and
it would have to remain at 9$. County Administrator Standish
continued that the Board's .further direction was to settle the
$51,238 of which 20$ is the termination fee and asked the Board
whether they wanted to pay the $51, 238 and select another architect
for the renovations.
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Supervisor Turner questioned if the County could save the
termination fee if the County decided not to terminate and continue
with the Durrant Group at 9$ on the renovations.
County Administrator confirmed that there would be no
termination fee if the County chose not to terminate the contract
and continue with the renovations via reduced scope of services at
the nine. percent fee.
Supervisor Turner moved that the Durrant Group be retained
with the understanding that Isle of Wight County not be charged a
termination fee and that Isle of Wight County have a 9$ charge on
the new project with no other charges involved. The motion passed
by unanimous vote (5-0)
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook advised that he had no business for
public discussion, but would request an Executive Session later in
the meeting.
//
Chairman Bradby called for New Business.
Supervisor Edwards stated that he would like to have an
ordinance drafted and a public hearing to allow for a special
hunting season for using muzzle-loaded rifles.
Supervisor Turner moved that the Board direct the. County
Attorney to prepare an ordinance and advertise it for a public
hearing. The motion passed by unanimous vote (5-0).
Supervisor Turner stated that he had spoken with County
Attorney Crook regarding the underground wiring required by the
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County for utilities. Supervisor Turner stated this has been sent
to the Planning Commission and requires a change in the zoning and.
subdivision ordinances and asked .County Attorney Crook how this
could be handled.
County Attorney Crook advised the Board that the Planning
Commission had met twice and he had prepared an amendment which was
sent to the utility companies who gave a negative response. County
Attorney Crook further advised that the committee then met with the
utility companies .and a report fs expected to the Planning
Commission at their next meeting. County Attorney Crook stated
that there was nothing the Board .could do at this time because it
requires amending the. zoning and subdivision ordinances and at this
point there has not been an agreement on the wording of the
amendment. County Attorney Crook stated he had proposed with the
Planning Commission committee to grant an exception involving long
distances from the road provided that if the property in between.
developed, it would .have to go underground and also an exception
for farming and industrial wiring.
Supervisor Bradshaw stated he had asked County Attorney Crook
to prepare an ordinance to cut back on the business license tax.
County Attorney Crook stated that Supervisor Bradshaw did not
request an ordinance, but simply asked the County Attorney to look
into what could be-done and that he had written a letter to the
Commission of Revenue requesting a study on what the. County would
lose in revenue if-the County went to a uniform 10$ rate. County
Attorney Crook stated he had not received a response from the
Commissioner of Revenue yet, but when he is in receipt of the
study, he will be able to show the Board what the lost revenues
would be if the Board should qo to a uniform rate of 10$.
//
Chairman Bradby called for Old Business.
An Ordinance to Amend the Ordinance to Provide Standards
for Naming streets (Tabled May 3, 1990)
County Attorney Crook advised the Board that. this ordinance
was tabled because the Board wanted to get the name changes for
streets done before this ordinance came into effect because it
increases the fees and requirements to name the streets. County
Attorney Crook stated that he has spoken with W. Douglas Caskey,
Assistant County Administrator/Community Development, and in view
of the Board's action on private roads tonight, County Attorney,
Crook suggested the Board may wish to table the above ordinance for
at least thirty days while the Board takes care of the private road
names.
Supervisor Ross moved the Board table the Ordinance to Amend
the Ordinance to Provide Standards for Naming Streets to the
October 4, 1990 meeting of the Board of Supervisors. .The: motion.
passed by unanimous vote (5-O).
//
Chairman Bradby called for Appointments..
Supervisor Ross stated that he had been unable to complete his
conversation with Robert W. Manley and moved that Robert W. Manley ~
be recommended by.the Board to the Circuit Court for appointment
to the Equalization Board subject to his acceptance. The motion
passed.. by unanimous ,vote (5-0).
//
Chairman Bradby called for approval of the August 2, 1990.
minutes and the June 19, 1990. continued meeting minutes.
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Supervisor Edwards stated he wanted to amend Page 4, Paragraph
11, of the August 2, 1990 minutes to include that he had requested
Mr. Neblett to check into cleaning out the ditches on Route 258
between the Courthouse and Highway 652.
Supervisor Turner moved the Board approve the August 2, 1990
minutes, as amended, and. June 19, 1990 minutes. The motion passed
by unanimous. vote (5-0).
1/
County Attorney .Crook requested an Executive Session fora
consultation with legal counsel and staff members concerning actual
litigation pursuant to Section 2.1-344. A7 of the Freedom of
Information Act, specifically .the Keusal versus the Board of
Supervisors case.
At 5:25 P.M., Supervisor Turner moved the Board qo into
Executive Session for the reasons stated by County Attorney Crook.
At 5:45 P.M., upon returning to open session, Supervisor
Edwards moved the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of
Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Board of Supervisors. that such executive
meeting was conducted in conformity with Virginia law;
NOW,. THEREFORE, BE IT RESOLVED .that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i)
only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive
meeting to which this certification resolution applies, and (ii)
only such public business matters as were identified in the motion.
convening the executive meeting were heard, discussed or considered
by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion to adopt said resolution passed by unanimous vote
(5-0).
Supervisor Ross moved the Board deny the Keusal versus Board
of Supervisors claim as presented in the letter of August 17, 1990
as received by the County Administrator. as Clerk of the Board on
August 20, 1990 outlined in the Bill of Complaint filed August 20,
1990.
~~
Chairman Bradby read a note from the Hubert family
acknowledging appreciation for expressions of sympathy.
County Administrator Standish informed the Board that the wife
of Elsey Harris, Smithfield Town Manager, had passed away.