09-19-1996 Regular MeetingTt
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPER~IISORS HELD THE 1VINETEEN'TH DAY OF SEPTEMBER IIV THE
YEAR 1VINETEEN HUNDRED NINETY SIX
PRESENT: Phillip A. Bradshaw, Chairman
Henry H. Bradby, ~1ice Chairman
O. A. Spady
Robert C. Claud, Sr.
Malcolm T. Cofer
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of Human '
Resources
Carey H. Mills, Assistant Clerk
Ch ' B d h 11 d h d 6.00 Th
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airman. ra s aw ca e t e meehng to or er at p.m. e
invocation was delivered by Supervisor Spady.
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Chairman Bradshaw indicated the following Consent Agenda included
Item 1, A through H, and asked if there were any items for removal:
A. Subdivision Plat of Barton's Landing Located in Hardy
Magisterial District
B. Route 10 Corridor Study
C. VDOT Revenue Sharing Program
D. Delinquent Real Estate Tax Collection Monthly Report
E. August 9, 1996 Special Meeting Minutes
F. August 15, 1996 Regular Meeting Minutes
G. August 24, 1996 Continued Meeting Minutes
H. August 30, 1996 Special Meeting Minutes
There being. no items requested by the Board members for removal,
Supervisor Cofer moved the Board approve all items of the Consent-
Agenda. The motion. was adopted unanimously (5-O).
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Chairman Bradshaw called for Transportation Matters.
R. Bryan David, Director of Planning and Zoning, presented a
resolution for the Board's consideration which allows VDOT to formally
accept the eight streets serving the. Gatling Pointe South residential
subdivision into the State Secondary Road System.
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Supervisor Claud moved. the Board adopt the following resolution:
• RESOLUTION
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WHEREAS, the streets of Gatling Pointe Parkway South, Shelter Cove,
Eagle. Watch, Park Place, Olde Towne Place, Olde Towne Court, Beechwood
Pointe and Holly Ridge. are shown on plats recorded in the Clerk's .Office
of the Circuit. Court of Isle of Wight County; and,
WHEREAS,. the Resident .Engineer for the Virginia Department of
Transportation has advised #his Board the streets meet the requirements
established in accordance with secondary road policies and the.Subdivision
,fit g.~_equirements of .the Virginia Department of Transportation and .the
Isle of Wight. County Subdivision Ordinance relating to acceptance of streets
into the State's Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED .this Board requests the
Virginia Department of Transportation to add the streets of Gatling Pointe
Parkway South, Shelter Cove, Eagle Watch, Park Place, Olde Towne Place,
Olde Towne Court, Beechwood Pointe and Holly Ridge to the secondary
system of State highways, pursuant to Section 33.1-229 of the od
Vir inia and the Department's Subdivision Street Requirements; and,....
BE IT FURTHER RESOLVED this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary easements for
cuts, fills .and drainage; and,
BE IT FURTHER RESOLVED that. a certified copy of this resolution
be forwarded to the Resident Engineer for the Virginia. Department of
Transportation.
The motion was adopted (40) with Supervisor Spady abstaining from
discussing and voting on the matter.
Mr. David presented a resolution in support of Alignment "E" for the
Route 260 connector project for the Board's consideration.
Chairman Bradshaw moved the Board adopt the following resolution:
RESOLUTION IN SUPPORT OF ALIGNMENT E
FOR THE ROUTE 260 CONNECTOR PROJECT
IN ISLE OF WIGHT COUNTY, VIRGINIA
WHEREAS, the Route 260 Connector would immediately improve and
enhance the movement of vehicles, goods, and services between U.S. Route
58-Bypass and U. S. Route 258; and, -
WHEREAS, the Route 260 Connector will eliminate .the currently
unacceptable impact of through traffic on existing residential areas, local
streets, and business and industries; and,
WI-AREAS, the Virginia Department of Transportation in cooperation
with the County of Isle of Wight, Virginia, has been planning a connector
between U.S. Route 58-Bypass and U.S. Route 258 for a number of years to
provide a critically needed regional transportation link,; and,
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WHEREAS, the U.S. Army Corps of Engineers has reached a
preliminary decision to deny the necessary Federal permit based on an
alignment of ti-e Route 260 Connector known as Alignment E which is
supported by the Board of Supervisors of Isle of Wight County, Virginia,
the Commonwealth Transportation Board and the Virginia Department of
Transportation; and,
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WHEREAS,. Alignment E is the least disruptive to the County's
citizens, existing residential areas, a public park, and .industries and
businesses important to the local, regional and state economies; and,
WHEREAS, the Virginia Department of Transportation has prepared
an appropriate and feasible mitigation plan. to address the unavoidable
impacts to wetlands along Alignment E which are under the regulatory '
jurisdiction of the U.S. Army Corps of Engineers.
NOW, THEREFORE, BE IT RESOLVED by .the Board of Supervisors
of Isle of Wight County, Virginia, that it is imperative for the U.S. Army
Corps of Engineers. to reconsider its preliminary decision and permit the
Route 260 Connector along Alignment E because this roadway as proposed
will limit. wetland impacts and still protect the safety and welfare of current
and future County citizens, businesses and industries, as well as benefit the
movement of goods and services along a transportation corridor important
to the economies of Isle of Wight County, the Hampton Roads Region and
the Commonwealth of Virginia.
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BE IT FURTHER RESOLVED that the County Administrator is
authorized to do all things. necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
Mr. David presented a resolution in support of the Jones Creek Bridge
project for the Board's consideration
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION IN SUPPORT OF THE
JONES CREEK BRIDGE PROJECT
IN ISLE OF WIGHT COUNTY, VIRGINIA
WHEREAS, the existing bridge crossing Jones Creek in Isle of Wight
County, Virginia, was constructed in 1937 and has deteriorated to the point
that requires its replacement with a new bridge structure for the safety and
benefit of the local citizens and businesses; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has and continues to support the replacement bridge as designed.
by the Virginia Department of Transportation with a vertical clearance of
seventeen (17) feet; and,
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WHEREAS, the Virginia Marine Resources Commission is to consider
a request by the Virginia Department of Transportation to modify a permit.
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previously issued. for the project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that it continues to support the new Jones
Creek Bridge as designed by the Virginia Department of Transportation
with a vertical clearance of seventeen. (17) feet and that it respectfully
requests that the Virginia Maine Resources Commission give favorable
consideration to the permit modification sought by the Virginia Department
of Transportation for this. important transportation project.
BE IT FURTHER RESOLVED thaf the County Administrator is
authorized to do all things necessary to .give this resolution effect.
The. motion. was adopted unanimously (5-0).
Mr. David stated the Planning Commission, at its regular meeting on
August 14, 1996, voted unanimously to recommend to the Board that. the
guidelines as established by the Planning Commission Subcommittee be
adopted for the Rural Addition Program (RAP). Mr. David. further stated
the Planning Commission further recommended that in priority order
Poplar .Drive, South Johnson Drive, South Shore Drive and Duke's Lane
should remain in the RAP and not be subject to the new guidelines because
of their prior formal. inclusion in the RAP. Mr. David continued the-
Planning Commission also recommended that adequate construction funds
be allocated in FY97-98 for Poplar Drive and South Johnson Drive and that
adequate construction funds be allocated in FY99 for South Shore Drive and
Duke's Lane. Further, the Planning Commission noted that all private
streets, other than the four (4) cited, would be subject to the guidelines,
stated Mr. David.
Supervisor Claud moved the Board adopt the policy as recommended
by the Planning Commission. The motion was adopted unanimously (5-0).
Supervisor Claud advised Mr. David that all property owners .are
willing to donate the necessary right-of-way on. Pope Swamp. Trail.
Supervisor Bradby requested Mr. David to take the necessary steps to
have the bushes removed around the utilities pole located at the intersection
of Bradby's Lane and Fort Huger Drive.
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Chairman Bradshaw called for Citizens Comments.
Linda King of Rescue expressed concern over the widening of Rescue
Road. and the installation of electric transmission lines and poles on her
property on Rainbow Road.
County Attorney Crook advised he represents condemnation cases for
VDOT and, in this regard, he has requested VDOT to continue meeting with
Mrs. King in an effort to resolve her concerns.
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Supervisor Spady moved the Board direct the Director of .Planning
and Zoning follow-up on Mrs. King's concerns with VDOT. The motion
was adopted unanimously (5-0).
Phillip .Edwards requested the Board's assistance in not allowing
annexation by the Town of Smithfield on the farm owned by his mother
and himself. He further criticized the .Board of Supervisors for meeting
behind closed doors with the Town of Smithfield to negotiate the
annexation settlement.
County Attorney Crook .advised Mr. Edwards that the Board
requested annexation meetings be held publicly, however, the Town of
Smithfield .refused. Mr. Crook stated it was either .hold these meeting
privately or go to court and the .Board elected to meet with the Town
privately.
Chairman Bradshaw. requested Mr. Edwards submit in writing to him
his position on the proposed annexation.
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Sarah Gilliam expressed concern over annexation of a farm on
.Waterworks Road which the Town of Smithfield should not be suing for as
it is undeveloped farm land. Ms. Gilliam urged the Board not to give away
land the County is not required to give away.
Chairman Bradshaw requested Ms. Gilliam to submit in writing to
-him her position on the proposed annexation.
Brandon Clearyrequested the Board provide clarification on hunting
rights for farm land located on Waterworks Road which is being considered
for annexation by the Town of Smithfield.
County Attorney Crook advised Mr. Cleary that. the Town of
Smithfield has verbally agreed to amend its Zoning Ordinance to allow
agricultural lands to remain agricultural under the Town's zoning
provisions.
Chairman Bradshaw requested Mr. Cleary to submit in writing to him
his position on the proposed annexation.
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Chairman Bradshaw called for the Community Development report.
Mr. David presented the following .applications. for the Board's
consideration:
A. The application of Olde Towne. Real Estate, Inc., owner and GTE
South, Inc., prospective owner, for a Conditional Use Permit to
locate telephone switching equipment on .346 acre of land
located on the east side of Battery Park. Road (Route 704) at its
intersection with Gatling Pointe Parkway, on lot 1, Section lA
of Gatling :Pointe South Subdivision, in Newport Magisterial
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District.
Supervisor Claud moved the Board approve the application. The
motion was adopted (40) with Supervisor Spady abstaining from discussing
and voting on the matter.
B. Request. of Marcia Collins Patterson, owner, for an exemption to
Section $C-10-3.8 of the Isle of Wight County Highway Corridor
Overlay District with .regard to -paving parking and vehicular
movement areas on property located at 9572 Windsor Boulevard
(Route 460) in Windsor Magisterial District.
Supervisor Claud moved the .Board approve the application. The
motion was adopted unanimously (5-0).
Regarding the Jones. Creek navigation project, County Attorney Crook
stated he wrote a letter. regarding the cooperation agreement and provided
the Board with a copy of same. Mr. Crook stated the Agreement is fine
except for the save harmless clause. Mr. Crook stated that although he
asked that the clause be removed from the Agreement, the Corps would not
agree to removing it. Mr. Crook. stated if the County wishes to dredge.
Jones Creek, it .will have to approve the Agreement with the save harmless
clause included. Mr. Crook stated his position is that the save harmless
clause should not be agreed to, however, either the Board accepts the
Agreement as written or he has been advised by the Corps the dredging
will not be done. Mr. Crook stated the Board could sign the Agreement
stating that the Board is signing it under protest as to the save harmless
clause.
Supervisor. Spady moved the Board accept the agreement, but
authorize the County Administrator to send a letter of protest to the save
harmless-clause to the Corps.. The motion was adopted unanimously (5-0).
County Attorney Crook acknowledged the Board's direction for him
to also write a letter to the Corps expressing the County's opposition to the
save harmless clause in the. Agreement.
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At 7:00 p.m., Supervisor Cofer 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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Supervisor Bradby-left the meeting at 7:00 p.m.
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Chairman Bradshaw called for a public hearing on the following:
A. Proposed Fiscal Year 1996-2001 Capital Improvements Program
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.Chairman Bradshaw called for those in favor of or in opposition to the
proposed C1P.
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Supervisor Bradby returned #o the meeting at 7:05. p.m.
Upon no one appearing, Chairman Bradshaw closed the public-
hearing and called for comments from the Board.
Chairman Bradshaw referenced: a memorandum from the Dir~tor of
Planning and Zoning which was -sent to the Board under separate cover
dated September 16, 1996 concerning two. projects for the County's
industrial park near Windsor.
Lynn P. Harris, Director of Economic Development, requested the
Board's consideration of granting her original CIP requests to the Planning
Commission -which included $628,000 for the construction of a shell
building at the industrial park in Windsor, as well as $200,000 for the final
road .construction at the industrial park which would include road
extensions to the final two lots. Mrs. Harris agreed. to submit the request
in the next CIP process.
Supervisor Spady moved the Board approve the CIP as presented
with the understanding that the Board will vote can individual items as they
come up for funding.. The motion was adopted unanimously (5-0).
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B. An Ordinance to .Repeal Article V of Chapter 4 of the Isle of
Wight County Code Requiring County Certification of
Plumbers, Electricians and Building Related Mechanical Workers
..County Attorney Crook stated this was previously a function of the
County, however, last year the General Assembly adopted an act which
provides for State agencies to handle the certifications. Mr. Crook stated
the County's ordinance needs to be repealed as a result and he recommends
this Ordinance to the Board.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed: Ordinance.
Upon no one appearing, Chairman Bradshaw closed -the public
hearing and called for comments from the Board.
Supervisor Cofer moved the Board adopt the following Ordinance:
AN ORDINANCE TO REPEAL ARTICLE V OF CHAPTER 4
OF THE ISLE OF .WIGHT COUNTY CODE SECTIONS 4-13
THROUGH 4-20 REQUIRING COUNTY CERTIFICATION OF
PLUMBERS, ELECTRICIANS AND BUILDING RELATED
MECHANICAL WORKERS
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WHEREAS, Section 15.1-11.4 of the Code of Virginia provided for the
governing body of counties, cities and towns to require persons engaging
in plumbing, building related mechanical or electrical work to obtain
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certification from said county, city or town; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, pursuant to Section 15.1-11.4, adopted an ordinance to provide for
certification by the .County of Isle of Wight of plumbers, electricians and
other related mechanical workers on December 2, 1982; and,
WHEREAS, the General Assembly of Virginia by Act of 1994, c.895
effective .July 1, 1995 repealed Section 15.1-11.4 and adopted an Act
embodied in.Section 54.1-1128 et seq. provides for certification of tradesmen
to require. certification by the State Board of Contractors.
THEREFORE, TT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that Article V of Chapter 4, Sections 4-14
through 420 of the Isle of Wight County Code providing for certification
of plumbers, electricians, and .building related mechanical workers, is
hereby repealed and deleted from said County Code,
The motion was adop#ed unanimously. (5-0).
C. An Ordinance to Amend the Zoning Ordinance of Isle of Wight
County to Adopt Provisions Regulating Communication
Antennas and Towers
Mr. David stated the Planning Commission voted unanimously to
recommend .approval of the ordinance amendment to the Board.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed Ordinance.
Erin .Hines requested the Board amend the first paragraph in Section
10-17 by adding the word "commercial" after the word "for" and be#ore the
word "communication". 1Vir. Hines stated amateur radio operators in the
community. would suffer if this ordinance was. adopted because it would
provide that engineers must review amateur operators' antennas. Ivir. Hines
stated .amateur radio operators provide services to the .public and this
ordinance, if adopted, would be a punishment to what they attempt to
provide to the community.
County Attorney Crook stated this ordinance amendment standardizes
conditions of a CUP for communication towers, but can be varied as
situations warrant.
Upon no one else appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Spady stated he did not wish to place undue regulations
on amateur radio operators and moved the Board table consideration of the
matter. until their October, 1996 meeting and direct staff to contact the
Planning District Commission in an effort to determine how other
jurisdictions are addressing the issue of amateur radio operators. The
motion was adopted. unanimously (5-0).
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D. The application of Benito F. Everett for a change in zoning
classification from R-2, Residential General to R-MH-A, Rural
Mobile Home District, lots 121 and 122 on Roosevelt Avenue in
Jamestown Subdivision, .Windsor Magisterial District. .The
purpose of the application is for the permanent location of a
mobile home.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the application.
Benita Everett spoke on behalf of her application.
Upon no one appearing to oppose the application, Chairman
Bradshaw closed the public hearing and called for comments from the '
Board.
Supervisor Bradby moved the Board concur with the recommendation
of the Planning Commission. The motion was adopted unanimously (5-0).
E. The application of Cecil W. Gwaltney, .owner and Anderson
.Wrenn, prospective owner, for a change in zoning classification
from A-1, Agricultural Limited #o C-RA, Conditional Rural
Residential, 2.554 acres of land .located on the south side of
White House Road (Rt. 682) between Comet Road (IZt. 652) and
Magnet .Drive (Rt. b80) in Hardy Magisterial District. The
purpose of the application is for one (1) rural residential lot.
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Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
William Riddick appeared on behalf of Cecil W. Gwaltney who: wishes
to convey the property to Mr. Wrenn at this time.
Upon no-one speaking in opposition, Chairman Bradshaw closed the
public hearing and called for comments from the Board.
Supervisor Claud moved the Board approve the application of Cecil
W. Gwaltney. The motion was adopted unanimously (5-0).
F. The application of H. W. Roberson .Company, Inc., owner and
Deborah L. Beers, prospective owner, for a Special Use Permit
to locate and operate a skating rink with video arcade, on lot 14
Waterford Subdivision which is located at the intersection of
Canteberry Lane and Wimbledon Lane in Newport Magisterial
District.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
Deborah L. Beers spoke at length regarding her application.
.John Frank, architect, presented the Board with a schematic drawing
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of .the proposed .facility.
Responding to Supervisor Claud's inquiry if a traffic analysis .has been
performed, Mr. Frank replied "no".
Supervisor. Bradby inquired the distance to the neares# residence.
Gary Berland of H. W. Roberson. Company, the seller of the property,
replied approximately 500-600 feet.
Ms. Beers advised the Board the building is designed to accommodate
500 individuals with security provided and it will be a smoke and alcohol
:free atmosphere. Ms. Beers stated she is currently looking at the feasibility
of insulating the building for sound. Ms. Beers stated there will be
approximately 87 spaces for parking, including three handicapped spaces
with one camera and security guard monitoring both inside and outside the
facility.
Chairman. Bradshaw expressed a concern with cars driving up and
dropping .off children.
Ms. Beers assured ,the Board that children will not be allowed to loiter
around the facility.
Lisa Coffey, Pastor Fred Breeding of Benn's United Methodist Church,.
William Rowe and Tina Joyner spoke on behalf of the applicants requesting
favorable action by the Board.
Russell .Weber of Waterford Oaks stated he is not in opposition,
however, he would like his concern of potential vandalism occurring in the
area addressed.
Bob Winker of Waterford Oaks spoke in opposition and expressed his
concern with decreased property values. Mr. Winker stated the facility
should be located in a commercial area and note next to a residential
development.
Danny Lovell of Waterford Oaks spoke in opposition. Mr. Lovell
stated children who have been asked to leave the facility will possibly come
into. the Waterford Oaks Subdivision which has no street lights and is a
wooded area. Mr. Lovell stated he would prefer to see such a facility
located. on the main road.
Pauline Cosla of Waterford Oaks spoke in opposition and stated she
would like to preserve the integrity, quietness, character and appearance of
the neighborhood as it exists today.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Mr. David presented a letter of opposition dated September 17, 1996
from Gilbert A. and Patricia G. Brett for the record.
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Supervisor Bradby stated he could not support the location of the
proposed rink because of its close proximity to a residential subdivision, but
he .could support the application if located at a different location.
1VIs. Beers stated she had considered other locations, but this was the
best site and: sewer and water is currently available.
Supervisor Cofer stated the land across the street is currently zoned
business. Supervisor Cofer further stated there will be more than one
person acting as security as there will be a manager and assistant manager
overseeing the facility. Supervisor Cofer concluded the intersection has a
stop light, as well.
Supervisor Cofer moved the Board approve the application of H. W.
Roberson Company, Inc. for a SUP as .presented. The motion was adopted
(4-1) with Chairman Bradshaw and Supervisors Cofer,. Spady and Claud
voting in favor of the motion and Supervisor Bradby voting against the
motion.
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At 8:15 p.m., Supervisor Cofer moved the Board return to the regular
order of the agenda.. The motion was adopted unanimously (5-0).
At 8:16 p.m., Supervisor Cofer moved the. Board take aten-minute
recess. The motion was adopted unanimously (5-0).
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Upon returning to .open session at 8:27 p.m., :Chairman Bradshaw
called for the continuation of the Community Development report.
C. Request for streetlights in Phase I and II of Edgewood Estates
II Subdivision off of Carrollton Boulevard. (Route 17) in
Newport Magisterial District.
Archer L. Jones, III, attorney for the Sawyers, stated Mr. W. C. Sawyer
anticipates installing twelve .14,000 lumen high pressure sodium vapor
colonial lights in the subdivision rather than the 5,000 standard lumen.
Supervisor Cofer moved the Board grant the request to install street
lights in Edgewood Estates, subject to posting of adequate performance
surety for the installation of the street lights with a cash payment in
advance of five years energizing costs of the .system, including .any
escalation of costs during the five-year period and any related fees. The
motion was adopted unanimously (5-0).
Mr. David provided the Board .with a presentation on door-to-door
waste collection.
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Supervisor Claud voiced his concern with the Windsor area in that
residents must drive to Walters or the Courthouse area to dump their trash.
Supervisor Claud stated he believes that .before the Board votes on the
matter it should review the feasibility of activating a site to take care of the.
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Windsor area. Supervisor Claud suggested the County needs an additional
unmanned site in the central part of the County. Supervisor Claud .stated
he could not support mandatory door-to-door trash. pickup at this time.
Supervisor. Bradby stated. he also could not support mandatory door-
to-door trash pickup.
.Supervisor Cofer offered to contact Durwood Curling with SPSA to
request any information on franchising he may have be forwarded to IVir.
David.
Chairman Bradshaw requested the Director of Planning- and Zoning
bring the matter up as a discussion item at the Board's work session with
the Planning Commission, specifically as it relates to franchising.
1VIr. David noted he inadvertently excluded his report on the issue of
traffic impact analyses submitted by developers requesting rezoning for
large scale developments in the Board's agenda package. Ivir. David
distributed information including a proposed policy relative to same for the
Board's consideration.. 1VIr. David stated the .Board referred the matter to
the Planning. Commission who considered it at their September 10, 1996
meeting and recommended the policy.
Supervisor Cofer moved the Board adopt the. policy and proceed with
establishing an agreement with two engineering firms. The motion was
adopted unanimously (5-0).
IVIr. David stated regarding his request in the agenda to fill the Code
Compliance position he would also like to expand his/her duties to include
certain land development activities.
Supervisor Claud stated since IVIr. David is requesting a #ull-time
.position be added to the County's payroll he would like to know the level
of complaints to ensure the position can be justified before. voting. on the
matter.
Supervisor Spady stated he would like to know what type of
problems the County is currently experiencing.
County Attorney .Crook. stated the County has citizens who- are
currently violating the. conditions of their land use permits and this
employee would respond to such violations.
.Supervisor Claud .moved the Board request staff provide the Board a
report noting the amount of activities and the level of services .related to
this position. The motion was adopted unanimously (5-0).
IVir. David noted there will be a joint work session between the Boazd
and the Planning Commission on Thursday evening from 7:00 p.m. until
9:00 p.m. in the ICiva at Windsor High School. 1VIr. David stated the
purpose of the work session is to provide an opportunity for the Board. and
Commission to discuss the fiscal .impact of new. development. and the
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sufficiency of voluntary cash proffers, the CIP, the issue of solid waste
management and conditional- rezoning for commercial development and the
range of permitted uses proffered. Mr. David advised an agenda. will be
provided to the Board in advance of the meeting.
Mr. David briefed the Board on the status of the Tylers Beach pier
project.
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Chairman Bradshaw called for the County Attorney's report
County Attorney Crook stated the Public Service Authority, at their
meeting earlier today, adopted a resolution to dissolve the Authority and.
he would recommend .the Board adopt a similar resolution in support of
same.
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Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION OF DISSOLUTION OF
PUBLIC SERVICE AUTHORITY
WHEREAS, the. Board of Supervisors of Isle of Wight County,
Virginia, created a Water and Sewer Authority under the provisions of the
Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1 of the
Code of Virginia, as amended, to be known as "ISLE OF WIGHT COUNTY
PUBLIC SERVICE AUTHORITY" by Resolution adopted February 7, 1974;
and,
WHEREAS, the State Corporation Commission for the Commonwealth
of Virginia pursuant to the Resolution request of the Board of Supervisors
of Isle of Wight County, .Virginia, issued a Certificate of Incorporation of the
Isle of Wight County Public Service Authority on March 4, 1974; and,
WHEREAS, the Board of Directors of the Isle of Wight County Public
Service Authority have determined- that the purposes for which the Public •.
Service Authority were created have been completed or are impractical and
that its functions have .been and are being taken over by the Board of
Supervisors of Isle of Wight County, Virginia; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has agreed to pay or assume all of the obligations of the Public
Service Authority..
IN CONSIDERATION WHEREOF, it is hereby resolved pursuant to
Section 15.11269.1 of the Code of Virginia that the Isle of Wight County
Public Service Authority be dissolved; that all the obligations of said Public
Service Authority be paid. or assumed by the Board of Supervisors of Isle
of Wight County, Virginia; and that all assets of said Authority be conveyed.
to -the Board of Supervisors of Isle of Wight County, Virginia.
BE TT FURTHER RESOLVED that this Resolution and the concurring
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Resolution of the Isle of Wight County Public Service Authority be filed
with the. State Corporation Commission.
The motion was adopted unanimously (5-0).
County Attorney Crook presented the Board with a Note and Deed
of Trust to secure proffers of W. C. Sawyer and Gayle. IG Sawyer which he
recommends .the Board approve and authorize the .Chairman to sign on
behalf of the County.
Supervisor Spady moved .the Board approve .the Note and Deed of
Trust of W. C. Sawyer and Gayle K. Sawyer and authorize the Chairman to
sign same. The motion was adopted unanimously (5-0).
County Attorney Crook presented for the Board's consideration an
amendment to the Town of Smithfield's Pumping Station Agreement for the
HRSD connector which contains. a 99-year lease on the property. Mr. Crook
stated the Town of Smithfield needs to widen their easement from the
pumping station to Cary :Street and he recommends the Board approve the
Agreement.
Supervisor Cofer. moved. the Board approve. the amendment to the
Town of Smithfield's Pumping Station Agreement. The motion was adopted
unanimously (5-0).
County Attorney Crook stated the Director of Social Services is
requesting representation in juvenile domestic relations court matters and
he would recommend the Board grant their request to contract with a
private attorney to represent them in court matters.
.Supervisor Bradby moved the Board grant the request to contract with
a private. attorney.. The motion was adopted unanimously (5-0).
County Attorney Crook provided a status report on Route 681. 1Vir.
Crook advised the heir which was presumed to be deceased has been
located in Texas and he has communicated with. him in an effort to get him
to sign the deed for the right-of-way dedication. Mr. Crook further advised
one additional landowner has signed the deed which leaves. the landowner
in Texas and one additional landowner to be dealt with to resolve the
matter.
County Attorney Crook stated he previously forwarded to the Board
an .amendment to the BPOL Ordinance which establishes a $50,000
threshold for gross receipts and provides for localities to adopt up to a $50
minimum fee.
Chairman Bradshaw requested the Commissioner of Revenue provide
.the Board with a matrix format illustrating the amount of anticipated
revenue expected to be lost and the different options.
The County Attorney was. also directed by the Board to advertise the
matter for public hearing for the Board's November, 1996 meeting.
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County Attorney Crook recommended the Board authorize him to
advertise for public hearing an ordinance to provide that County Attorney
approval. of refunds of erroneous assessments will not be required when
erroneous assessments do not exceed $200. Mr. Crook stated he would
recommend refunds resulting from erroneous tax assessments which exceed
$2,500 be reviewed and approved by the County Attorney and the Board.
Supervisor Spady moved the ordinance changes suggested by the
County Attorney be advertised for public hearing. The motion was adopted
unanimously (5-0).
County Attorney Crook presented the Board with a resolution adopted
by the School Board .requesting an increase in salaries for School Board
members which he recommends be implemented. by ordinance to be
published for public hearing by the Board of Supervisors.
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Supervisor Cofer moved the Board authorize the County Attorney
publish such an ordinance for public hearing at the Board's October, 1996
meeting.. The .motion was adopted unanimously (5-0).
County Attorney Crook presented a .resolution for the Board's
consideration concerning annexation by the Town of Smithfield which must
be sent to the Commission on Local Government. Mr. Crook stated the
Board must also define who will represent the County in this matter.
Supervisor Cofer moved the Board approve the following resolution
approving the voluntary settlement between -the County and. the Town of
Smithfield. and that County Attorney be inserted as the County's
representation under Item #4, Page 2:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ISLE OF WIGHT, VIRGINIA, (1) APPROVING A
VOLUNTARY SETTLEMENT BETWEEN THE COUNTY AND THE
TOWN OF SMITHFIELD, (2) REQUESTING A REVIEW OF THE
AGREEMENT TO SECTION 15.1-1167.1 OF THE CODE OF
VIRGINIA (1950), AS AMENDED, (3) STATING THE INTENTION
OF THE BOARD OF SUPERVISORS TO READOPT THE AGREEMENT
AND TO PETITION THE CIRCUIT COURT OF ISLE OF WIGHT
COUNTY, SUBSEQUENT TO THE COMMISSION'S. REVIEW,
TO APPROVE. A SETTLEMENT AND TO GIVE IT FULL
FORCE AND EFFECT
WHEREAS, the County of Isle of Wight, Virginia, and the Town of
Smithfield, Virginia, have entered into negotiations to seek a voluntary
settlement of annexation issues: and,
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WHEREAS, the County and the Town are now prepared to enter into
a voluntary settlement which provides for the annexation of certain
territory, for the waiver by the Town of certain annexation rights, for the
conveyance of certain water and sewer systems, and for other matters; and,
V'V]HEREAS, Chapter 26.1:1 of Title 15.1 of the Code of Virginia (1950),
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as amended, requires that such a voluntary settlement be reviewed by the
Commission on Local Government.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the, County of Isle of Wight, Virginia, at a regular meeting of the Board
of Supervisors held on September 19, 1996;
L That the Board of Supervisors of the County of Isle of Wight
hereby approves the Voluntary Settlement Agreement between the County
and the Town, a copy of which is attached hereto, and hereby authorizes
and directs its Chairman to execute .the Agreement on behalf of the County;
2. That.. the Board of Supervisors of the .County of Isle of Wight
hereby requests the Commission on Local Government review the
Agreementpursuant to Section 15.1-1167.1 of the Code of Virginia (1950),
as amended;
3. That the County Administrator is hereby directed to refer the
Agreement, together with all necessary data and material, to the
Commission and to take all other actions as may. be required to accomplish
the Commission's review of the Agreement;
4. That the Board of Supervisors hereby designates H. Woodrow
Crook, Jr. as its contact person for communications. with the Commission
regarding the review of the. Agreement; and,
5. That is it the intention of the .Board of Supervisors, .subsequent
to the Commission's review to readopt the. Agreement and thereafter to
petition the. Circuit Court. of Isle of Wight County to affirm and validate the
Agreement and to give it full force and effect.
Date:. September 19, 1996
IN WITNESS WHEREOF,- the Board of Supervisors has .caused this
Resolution to be duly executed on its behalf by its Chairman and attested
by its Clerk.
The motion was adopted. unanimously (5-0).
..County Attorney. Crook inquired if the Board was ready to advertise
for public hearing the model open .burning regulation ordinance.
County Administrator Caskey noted the Fire and Rescue Association
will consider the Open Burning Regulation Ordinance at their October, 1996
meeting and .make its recommendation to the Board.
//
Chairman Bradshaw called for the County Administrator's report.
Jim Hedgepeth, Commercial Radio Services, requested an .adjustment
for the Motorola contract with the Sheriffs office to reflect additions and
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deletions of communications equipment over the last several years
Supervisor Spady moved the Board table consideration of the matter
until their meeting in October, 1996 to allow the Chairman to investigate
and be provided a comprehensive list of all County-owned radios. The
motion was .adopted unanimously (5-0).
Chairman Bradshaw noted he would like to review the contract as
well.
Supervisor Cofer left the meeting at 9:50 p.m.
John Springfield, Board member and Chairman of the Grounds
Committee with the YMCA, brought the Board up-to-date on the status of
the YMCA. Mr. Springfield requested the Board appropriate $23,200 for the
repair and renovation of the roof over the gymnasium and fitness center at
the YMCA located at the old Smithfield High School building.
Supervisor Cofer returned to the meeting at 9:53 p.m.
Supervisor Claud moved the Board authorize the Director of Public
Works secure the necessary bids for the roof repair for the Board's
consideration. The motion was adopted unanimously (5-0).
County Attorney Crook stated regarding the proposed. contract far the
County's health insurance plan, he would recommend that Section "6",
paragraph "D" be deleted. Mr. Crook stated he would also concur with the
Budget and Finance Director's recommendation that a clause be added to
allow insurance providers to contact the County concerning any payment
problems they may be experiencing be added.
Supervisor Spady moved the Board approve the .Agreement with
changes as recommended by the County Attorney, to include the
recommendation of the Director of Budget and Finance. The motion was
adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE FOUR HUNDRED THIRTY FOUR
THOUSAND FOUR HUNDRED THIRTY DOLLARS FOR VARIOUS
CAPITAL PURCHASES AND PROJECTS TO THE
1996-97 CAPITAL BUDGET
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia desires to adjust the following capital purchases and improvements
in the 1996-97 Capital Budget:
ADD: Public Utilities
Berms Church Water System $134,680
Carrsville Water System 144,950
Carrollton Volunteer Fire
Engine (Squirt) 190,000
BQOM 1U ~;.:' ~J6
LESS: Planning & Zoning
Jones Creek Navigational
Channel Dredging Project
(35,200)
$434,430
WHEREAS, funds. in the amount of four hundred thirty four thousand
four hundred thirty dollars ($434,430} need to be appropriated from the
unappropriated fund balance of the General Fund to the. appropriate line
items of the 1996-97 Capital Budget of the County of Isle of Wight, Virginia..
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of .Supervisors of the County of Isle of Wight, Virginia .that four
hundred thirty four thousand .four hundred .thirty dollars ($434,430) be
appropriated from the unappropriated fund balance of the General Fund to
the appropriate line items in the 1996-97 Capital Budget of the County of
Isle of Wight, .Virginia.
The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE ONE HUNDRED EIGHTY FIVE
.THOUSAND EIGHT HUNDRED FIFTY. NINE DOLLARS FROM THE
1995. SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL.
CONSTRUCTION FUND.
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the school construction program; and,
WHEREAS, the funds in the. amount of .one hundred eighty five
thousand .eight hundred fifty-nine dollars ($185,859) need to be
appropriated from the 1995 School Bond Issue Proceeds to the School
Construction Fund in the 1995-96 budget of the County of Isle of Wight,
Virginia.
NOW, THEREFORE, BE IT .AND IT IS HEREBY RESOLVED by the
Board. of Supervisors of the County of Isle of Wight, Virginia that one
hundred eighty five thousand eight hundred fifty-nine dollars ($185,859)
from the 1995 School Bond Issue Proceeds be appropriated to the School
Construction Fund. in the 1995-96 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
accounting adjustments in the budget. and to do all things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Claud moved the Board adopt the following resolution:
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.RESOLUTION TO APPROPRIATE NINE HUNDRED EIGHT
THOUSAND FOUR HUNDRED FORTY SIX DOLLARS FROM THE
1995 SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL
CONSTRUCTION FUND
~J
WHEREAS, the Board of Supervisors of the County of Isle. of Wight,
Virginia has approve~3 the school construction program;. and,
WHEREAS, the funds in the amount of nine hundred eight thousand .
four hundred forty six dollars ($908,446) need to be appropriated from the
1995 School Bond Issue Proceeds to the .School Construction Fund in the
1996-97 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the. County of Isle of Wight, Virginia that nine
hundred eight thousand four hundred forty six dollars ($908,446) from the
1995 School Bond Issue Proceeds be appropriated to the School Construction
Fund in the 1996-97 budget of the .County of Isle of Wight, Virginia.
BE IT FURTHE:[~ RESOLVED that the County Administrator of the
County of Isle of Wi;,~ht, Virginia is authorized to make. the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
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The motion was adopted (4-1) with Chairman Bradshaw and
Supervisors Cofer, Claud and Bradby voting in favor of the motion and
Supervisor Spady voting against the motion.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY SEVEN
THOUSAND SEVEN HUNDRED FIFTY DOLLARS FROM THE
FEDERAL GOVE][ZNMENT FOR SCHOOL CARRYOVER GRANT
PROGRAMS
WHEREAS, the School Board of the County of Isle of Wight, Virginia
has received carryover funds for grant programs; and,
WHEREAS, the Eunds in the amount of twenty seven thousand seven
hundred fifty dollars ($27,750) need to be appropriated to the School Grant
Fund in the 1996-97 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED. by the
Board of Supervisors of the County of Isle of Wight, Virginia that twenty
seven thousand sevens hundred fifty dollars ($27,750) to be received from
the :Federal Government be appropriated to the following line items in the
1996-97 School Budget of the County of Isle of Wight, Virginia:
Project UNITE $15,000
Project Learn & Serve $12,750
BE IT FURTHER .RESOLVED that the County Administrator of the
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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 was adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the .following resolution:
RESOLUTION TO SUBMIT THE APPLICATION FOR
LITTER PREVENTION AND RECYCLING GRANT PROGRAM FUNDS
AND TO ACCEPT AND. APPROPRIATE GRANT PROGRAM FUNDS
FROM THE. COMMONWEALTH OF VIRGI1~lIA
DEPARTMENT OF ENVIRONMENTAL QUALITY.
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a supplemental grant from the Commonwealth. of
Virginia, Department of Environmental Quality; and,
WHEREAS, the. funds in the amount. of six thousand seven hundred
sixty three dollars ($6763) or as much as shall be received from the
Commonwealth of Virginia, Department of Environmental Quality, need to
be appropriated to the Litter Control Program line item in the 1996-97
budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE,. BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that six
thousand seven hundred sixty three dollars ($6763) or as much as shall be
received from the Commonwealth of Virginia, Department of
Environmental Quality be appropriated to the Litter Control Program line
item in the 1996-97 budget'. of the County of Isle of Wight.
BE IT FURTHER .RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The. motion was adopted unanimously (5-0).
County Administrator Caskey stated regarding the County's
pazticipation in a regional effort to secure HOME Investment Partnership
Program Grant. funds, the County is eligible to receive at least $125,000,
however, a 25% local match may be required. Mr. Caskey stated a public
.hearing has been scheduled .for October 9, 1996 to solicit comments and
questions from interested citizens.
.Regarding the. County's .1996-97 legislative priorities, County
Administrator Caskey noted staff will provide a comprehensive listing of
the Board's legislative priorities. for consideration at their Dctober, 1996
meeting.
Linda T. Bean, Director of Social Services, requested the Board
examine the possibility of involving other County employees and agencies
in the management and operations of emergency .shelters.
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Supervisor Claud suggested staff work with the .Director of Social
Services and bring back a recommendation to the Board. with the County
Attorney to beused as a resource person.
Supervisor Bradby expressed a concern with the lack of practice for
nuclear emergencies..
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Mrs. Bean requested the Board allow her to utilize the Social Services
building in emergency situations .when there are only a small number of
citizens evacuating rather than the schools.
Supervisor Claud moved the Board .approve the Director. of Social
Services' request to use the building for emergency sheltering, as necessary.
The motion was adopted unanimously (5-0).
County .Administrator Casket' referred to a request of Otto Lohrenz
who is requesting the Board's permission to use a photocopy of a picture
which appears on the jacket of Historical Notes on Isle of Wight County,
~~irg.
Supervisor Spady moved the Board authorize permission to use the
requested photocopy and that a copy of the essay be forwarded to the
County. The motion was adopted .unanimously (5-0).
Chairman Bradshaw moved the Board adopt the following resolution:
1
RESOLUTION TO ACCEPT AND ~'~PPROPRIATE
TWENTY ONE THOUSAND THREE HUNDRED
EIGHT DOLLARS AND THIRTY EIGHT CENTS
FROM THE GOVERNOR'S SAFE AND DRUG-FREE SCHOOLS
AND COMMUNITIES GRANT PROGRAM
WHEREAS, the Isle of Wight County Office on Youth has received a
grant from the Commonwealth of Virginia Governor's Safe and Drug-Free
Schools and. Communities Grant Program; and,
WHEREAS, the funds. in the amount of twenty one thousand three
hundred eight dollars. and thirty eight cents ($21,308.38). from the
Commonwealth of Virginia, Office of the. Governor, need to be appropriated
to the 1996-97 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE,. BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that twenty
one thousand three hundred eight dollars and thirty eight cents ($21,30$.38)
or as much as shall be received from the Commonwealth of Virginia, Office
of the Governor be appropriated to the 1996-97 budget of the County of Isle
of Wight.
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BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
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The motion was adopted unanimously (5-0).
.Supervisor Cofer moved the Board adopt. the following resolution:
RESOLUTION IN SUPPORT OF
THE FALL RIVER RENAISSANCE CAMI'AIGN
WHEREAS, Virginia is blessed with. abundant rivers and other waters
throughout the Commonwealth; and,
WHEREAS, Virginia's rivers and waters provide sustenance to her
citizens, their communities and their businesses which are important for
their quality of life and prosperity; and,
WHEREAS, such rivers and waters are vital natural resources,
providing important benefits to fish and wildlife and their habitats; and,
WHEREAS, the Commonwealth's rivers and waters .provide
opportunities for. public boating, hunting and fishing .and other forms of
outdoor recreation enjoyed by Virginians and our visitors; and,
WHEREAS, the Commonwealth and her citizens should endeavor to
conserve and enhance Virginia's rivers and waters so as to ensure their
benefits, both now and for future generations; and,
WHEREAS, individual citizens, businesses and organizations, through
their voluntary. efforts, can -accomplish the most. to conserve our natural
resources and providelong-term environmental benefits; and,
VVI-~REAS, the Fall River Renaissance campaign will encourage caring
citizens to conserve and improve the. rivers and waters in Virginia and -will
recognize and honor their .exceptional efforts.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Isle of -Wight County,. Virginia does hereby recognize September 21, 1996
through. October 19, .1996 as the Fall. River Renaissance in Virginia, and
urges all citizens, businesses and organizations, public and private, to
observe and participate. in this campaign to conserve and enhance the rivers
and waters of Virginia in order that we may enjoy a morebeautiful, healthy
and prosperous Commonwealth.
The motion was adopted. unanimously (5-0).
Responsive to a request by staff to authorize an RFP for the Carrollton
Library construction, Supervisor Spady moved the Board authorize staff to
.proceed with an RFP. The motion was adopted unanimously (5-0).
Anne F. Seward, Director of Budget and. Finance, distributed the 1996-
97 budget document to the Board for their review and use.
County Administrator Caslcey advised the Board the County received
a letter dated September 9, 1996 from the Virginia :Department of
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Corrections asking each locality statewide to alert them of their interest in
being considered as a potential site for the construction of a correctional
facility.
Supervisor Spady moved the Board authorize .the County
Administrator fill out and mail the survey form indicating the Board's slight
interest in locating additional facilities in the County. The motion was
adopted unanimously (5-0).
County Administrator Caskey indicated the Director of Public
Utilities, in conjunction with the Building Committee, will be making a
recommendation to the Board on the options for improving the animal
shelter in the near future.
//
Chairman Bradshaw called for Old Business.
There was no old business offered for discussion by the Board.
//
Chairman Bradshaw called for New Business.
There was no new business offered for discussion by the Board.
//
.Chairman Bradshaw called for Appointments.
Supervisor Claud moved the Board reappoint Dorothy G. Gwaltney,
representing the. Windsor District on the Historical Architectural Advisory
Committee, for an additional four-year term which will expire in September
of 2000. The motion was adopted. unanimously (5-0).
Supervisor Claud moved the Board appoint Mitchell Hunter, Jr. as the
community representative, replacing Reverend Michael T. Drewry, Jr., on
the Western Tidewater Disability Services Board for athree-year term which
will expire in .September of 1999. The motion was adopted. unanimously (5-
0).
//
Donald T. Robertson, Assistant to the County Administrator/Director
of Human Resources, advised the Board that County staff and staff from the
Towns of Smithfield. and Windsor recently participated in a customer
service training session. Mr. Robertson stated most of the Constitutional
Officers and their staff were in attendance as well.
//
County Attorney Crook requested an executive session under Section
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2.1-344 Al of the Freedom of Information Act concerning a personnel matter
and under Section 2.1-344 A7 concerning advice of counsel on matters of
potential litigation.
At 10:35 p.m., .Supervisor Spady moved the Board .enter executive
.session for the reasons stated by the, County Attorney. The motion was
adopted unanimously (5-0).
.Upon returning to open session at 10:55 p.m., Supervisor Cofer 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, 2.1-344.1A of the Code of Virginia requires a certification
by this 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 was adopted unanimously (5-0).
At 11:00 p.m., Chairman Bradshaw moved the Board .continue its
meeting until 7:00 p.m. on Thursday, September 26,1996 in the Kiva at the
Windsor High School. The motion was adopted unanimously (5-0).
~ >
Phil ' A. Bradshaw, Chairman
W. Dou askey, C
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